Resolution Number 82-6-1-2RESOLUTION NO. 82-6-1-2 157
APPROVAL OF TENTATIVE TRACT MAP 10134 (DIFFLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 10134 (DIFFLEY)
WHEREAS, the applicant, James W. Diffley, 1 San Mateo
Way, Newport Beach, California, has submitted Tentative Tract Map
10134, proposing to subdivide approximately 34.62+ acres of land
into 12 residential lots, located on Assessor's Parcel No.
124-223-37; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has issued a negative declaration,
which report has been certified as final by the City Council, and
has otherwise carried out all requirements of the California
Environmental Quality Act; and,
WHEREAS, the City Planning Commission has forwarded the
tentative tract to the City Council recommending approval subject
to conditions; and,
WHEREAS, a public hearing has been duly advertised and
held to review and receive public testimony on the application;
and,
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1. The proposed project, as conditioned, and its
design and improvements are consistent with the
1.1 (Very Low Density) and 2.0 (General Open
Space) designation on the General Plan Map and is
otherwise consistent with all other Elements of
the General Plan.
2. The proposed project, as conditioned, conforms to
all applicable requirements of Title 9 of the
City's Municipal Code (Land Use).
3. The project site is physically suitable for the
type and density of the proposed development.
4. The design and improvements of the proposed
project will not cause substantial environmental
damage; nor will said design or improvements
avoidably injure wildlife or their habitat.
5. The design or improvements of the proposed project
will not cause serious public health problems.
-1-
6. The design or improvements of the proposed project
will not conflict with easements acquired by the
public at large for access through or use of
property within the proposed project.
7. The design or improvements of the proposed project
will not interfere with the maintenance or
preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Tract 10134 subject to the following conditions:
1. Home Warranty: The provisions of Chapter 8-6 of
the Municipal Code (Home Warranty ordinance) shall
apply to any person, firm or corporation selling
or offering for sale within the project three or
more dwelling units -- not previously occupied for
residential purposes -- during any twelve-month
period.
2. CC&Rs: A set of Conditions, Covenants and
Restrictions (CC&Rs) shall be prepared and
implemented for the project. The CC&Rs shall
include at a minimum:
(a) Provisions on the use and maintenance, by the
homeowners' association, of private streets,
other common areas, and slopes.
(b) The prohibition of radio or television
antennas projecting above any roof eaves
(pursuant to Section 9-3.609 of the Municipal
Code).
The CC&Rs shall be approved by the City Attorney
prior to approval of a final map.
3.Grading Plan: Final grading plans for the project
consistent with the approved concept plan shall be
approved by the Director of Community Planning and
Development prior to approval of a final map.
4. Landscape and Wall Plans: Landscape, street tree,
and fence/wa11 plans shall be prepared and
implemented for the entire project. Preliminary
landscaping, street tree, and fence/wall plans
shall obtain Planning Commission approval prior to
approval of a final map. Final working drawings
shall be approved by the Director of Community
Planning and Development prior to issuance of
grading permits.
5. Landscaping Installation: Landscaping shall be
installed as follows:
-2-
1 I (a) Erosion control landscaping for all
{9 manufactured slopes shall be installed
immediately after the certification of rough
grading by the City.
(b) Street trees and all other non -erosion -
control landscaping shall be installed in
accordance with a landscape phasing plan
approved by the Director of Community Planning
and Development. No final building inspection
shall be conducted for any dwelling unit
until all landscaping has been installed and
approved by the Department of Community
Planning and Development.
6. Landscape Maintenance and Maintenance Easements:
The developer shall be responsible for adequately
installing and maintaining all landscaping until
such maintenance may be assumed by the homeowners'
association.
7. Street Names: Street names shall be approved by
the Director of Community Planning and Development
prior to approval of a final map.
8. Vehicular Access Rights: Vehicular access rights
to San Juan Creek Road shall be released and
relinquished to the City except at street
intersections.
9. Public Streets: San Juan Creek Road shall be
designed, constructed, and dedicated in accordance
with Section 9-4.103 of the Municipal Code.
10. Precise Alignment for San Juan Creek Road: The
applicant shall participate in the precise
alignment for San Juan Creek Road. Said alignment
to be adopted and reflected on the final map prior
to consideration of the map by the City Council
for recordation.
11. Private Street: Street A (private street) shall
be designed and constructed in accordance with
Section 9-4.103 of the Municipal Code.
12. Fire Protection: The following conditions shall
be met in order to provide adequate fire protection
facilities:
a. Prior to recordation of the map, water
improvement plans shall be approved by the
Fire Marshal for fire protection, and
financial security posted for the installation
of same. The adequacy and reliability of the
-3-
10 j water system design, location of valves, and
distribution of fire hydrants will be evaluated
in accordance with Insurance Services Office
suggested standards contained in the "Grading
Schedule for Municipal Fire Protection."
b. Prior to the completion of an application for
building permits for combustible construction, —
evidence that a water supply for fire
protection is available shall be submitted to
the County Fire Marshal.
Provide minimum 35 -foot radius for cul-de-sac
turnaround.
13. Equestrian/Hiking Trails: General plan and feeder
equestrian/hiking trails shall be located and
constructed in accordance with Article 9-4.1
(Design Standards and Requirements) of the
Municipal Code and adopted City policy.
14. Development Constraints Map: CC&Rs shall include
provisions for restricting the location and design
of future residential units as follows:
a. All residential units shall be designed in
conformance with the adopted "Hillside
Development Guidelines for Custom Homes."
b. Building placement shall be restricted to the
specific areas shown on the development
constraints map.
15. Water: Water transmission and distribution
facilities shall be designed, constructed, and
dedicated in accordance with Section 9-4.109 of
the Municipal Code and the requirements of Orange
County Water Works District No. 4. Such
distribution facilities and appurtenances shall be
approved by the County Fire Marshal.
16. Slopes: All manufactured slopes shall be designed
and constructed in accordance with Section 9-3.505
and 9-4.112 of the Municipal Code. All such
slopes shall be 2:1 ratio or flatter.
17. Other Improvements: Driveways, pedestrian ways,
bikeways, equestrian trails, utility undergrounding,
street lights, traffic signals, drainage facilities,
and sanitary sewers shall be located and constructed
in accordance with Article 9-4.1 (Design Standards
and Requirements) of the Municipal Code and adopted
City policy.
-4-
161
�r
a
18. Geotechnical Study: A geotechnical feasibility
study shall be completed to determine the seismic
safety and soils stability of all proposed grading
and development within the project. The report
shall be reviewed and approved by the City Engineer
prior to approval of a final map.
19. Fees: All required fees shall be paid prior to
approval of a final map.
20. Drainage Device: A concrete swale shall be
installed at the easterly property line of the
tract in the vicinity of Lots 7 and 8 in order to
redirect surface runoff to the private street
easement in Hidden Valley. The aesthetic design
of the drainage device shall be approved by the
Director of Community Planning and Development
prior to final map recordation.
21. Assessment District: If an assessment district is
not formed for the extension of San Juan Creek
Road prior to approval of the final map, San Juan
Creek Road shall be designed, constructed and
dedicated in accordance with Condition No. 9.
However, if an assessment district is formed, the
applicant shall:
a. Not protest formation of an assessment
district for San Juan Creek Road; and,
b. The assessment district may include sewer as
well as street improvements.
22. Density Transfer: Under this approval, the
applicant shall record a document approved by the
City Attorney as to format establishing this
Tract Map, together with the density transfer of
up to nine units to Lot 70, Tract 9786, as the
maximum development potential of the property.
Furthermore, in consideration of this proposal, a
deed restriction shall be placed upon Lots 8 and
9 which would prohibit any further subdivision.
in addition, an open space easement shall be
applied over Lots 8 and 9, exclusive of that area
shown on the development constraints map that
would allow one single-family residence. Said
easement shall provide for the location of normal
-5-
162
accessory uses incidental to the permitted
single-family use. However, in no instance shall
additional habitable dwelling units be permitted
within said easement.
PASSED, APPROVED AND ADOPTED this 1st day of
June 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
and Mayor Buchheim
NOES: None
ABSENT: Councilman Schwartze
ENCE F. BU
ATTEST:
CITY CL K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 82-6-1-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the lst day of
June , 1982.
(SEAL)
MARY ATN VER, CITY CLERK
STATE OF CALIFORNIA 16 43
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 10th day of JUNE 1982
she caused to be posted:
RESOLUTION NO. 82-6-1-2
being: APPROVAL OF TENTATIVE TRACT MAP 10134 (DIFFLEY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 10134 (DIFFLEY)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
-�
MARY ANN N VE , City Clerk
San Juan Capistrano, California
-7-