Resolution Number 82-7-20-4RESOLUTION NO. 82-7-20-4 201
TENTATIVE TRACT 11138 (FRYAN)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11138 (FRYAN)
WHEREAS, the applicant, Thomas Fryan, 3335 Calle La
Veta, San Clemente, California, has submitted Tentative Tract Map
11138, proposing to subdivide approximately two acres of land in
order to develop the property with nine condominium units and a
recreation center, located on Assessor's Parcel No. 649-271-62;
and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will not have a significant
effect on the environment, has accordingly issued a negative
declaration for the project and has otherwise carried out all
requirements of the California Environmental Quality Act; 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
Medium High Density Residential designation on the
General Plan Map and are 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) and is consistent
with the approved residential concept plan.
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.
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.
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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 11138, subject to the following conditions:
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 recreation
areas, 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.
Grading Plan: A final grading plan for the project
shall be approved by the Director of Community
Planning and Development prior to approval of a
final map.
4. Construction Access Control: A construction
access control plan shall be submitted for review
and approval by the Planning Commission prior to
the issuance of a grading permit.
Landscape and Wall Plans: Landscape, street tree,
and fence wall plans shall be prepared and
implemented for the entire project. Final working
drawings shall also be approved by the Director of
Community Planning and Development.
6. Landscaping Installation: Landscaping shall be
installed as follows:
(a) Erosion control landscaping for all manufactured
slopes shall be installed immediately after
the certification of rough grading by the
City.
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(b) Street trees and all other non -erosion- 2 03
control landscaping shall be installed
during or immediately after building
construction. No final building inspection
shall be conducted for any dwelling unit
until all landscaping has been installed
and approved by the Director of Community
Planning and Development.
7. 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. An open space maintenance
easement shall be created over all major slopes
that are within residential lots. The CC&Rs shall
provide for landscaping on said slopes to be
maintained by the homeowners' association.
8. Public Street: Don Juan Avenue shall be designed
and constructed in accordance with Section 9-4.103
of the Municipal Code.
9. Private Street: The private street shall be
designed and constructed in accordance with
Section 9-4.103 of the Municipal Code and shall be
posted with "No Parking" signs.
10. Street Repair Bond: The developer shall be
responsible for posting a bond for street repairs
in the event such repairs are necessary to correct
any construction related damage to Don Juan Avenue.
11. Street Names: The project's street name shall be
approved by the Director of Community Planning and
Development prior to approval of a final map.
12. Water: Water transmission and distribution
facilities shall be designed, constructed and
dedicated in accordance with Section 9-4.109 0£
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.
13. 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.
14. Fire Protection: The following conditions shall
be met in order to provide adequate fire protection
facilities:
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(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 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.
(c) Prior to recordation of the map, construction
details for any controlled entry access shall
be approved by the Fire Marshal. These
details will include width, clear height, and
means of emergency vehicle override.
15. Other Improvements: Driveways, utility
undergrounding, street lights, 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.
16. 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.
17. Interior and Exterior Noise Level: The noise
level for interior living areas shall not exceed
45 CNEL, and the noise level for exterior living
areas shall not exceed 65 CNEL. Patio sound walls
and window glazing shall be utilized to achieve
these noise levels. In addition, all units shall
be provided with air conditioners. Prior to
issuance of certificate of use and occupancy, a
registered acoustical engineer shall certify that
the above interior and exterior noise standards
are met.
18. Exterior Finish: The exterior shall be a beige or
light brown, mission -finish stucco with a flashed
barrel tile roof. The trim shall be rough sawn
wood with a dark wood stain.
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19. Garage Door Openers: All units shall be provided
with automatic garage door openers.
20. Park Fees: Park fees shall be paid in lieu of the
dedication of land in accordance with Section
9-4.3 of the City's Municipal Code.
21. Fees: All required fees shall be paid prior to
approval of a final map.
PASSED, APPROVED AND ADOPTED this 20th day of
July , 1982 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Bland, Schwartze,
and Mayor Buchheim
NOES: Councilmen Friess
ABSENT: None
N E F. BU H IM, MAYOR
ATTEST:
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CITY CLE
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. 82-7-20-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 20th day of
July . 1982
(SEAL)
MARY ANN r
OVER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
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 24rcl day of ,7„1v 1982
she caused to be posted:
RESOLUTION NO. 82-7-20-4
being: TENTATIVE TRACT 11138 (FRYAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11138 (FRYAN)
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.
i
MARY ANNJMNOVER, City Clerk
San Jua Capistrano, California
CHECK LIST F2 _ 7 _ ao- /
ORD. NO ....... RES. NO............
Mayor has signed
........ Clerk has signed
...... /.- City Seal stamped
............. All blanks typed in
"Absent .............. 6.t....................................
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Noes .................�T-S----------------------------
............. Typed in Official Record Book
........ Posted to Classified Card
............. Copies sent to. "� 3 N-44 zF -
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.............. Legal Publication ordered to be published
(date) ................................... .................. -......
No. Affidavits ............................. .`..�
No. Printed copies required .....d ..................
Remarks..........-........ .`.`................................-- -
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