Resolution Number 82-8-17-1RESOLUTION NO. 82-8-17-1
TENTATIVE TRACT 11765 (FREDRICKS DEVELOPMENT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11765 (FREDRICKS
DEVELOPMENT)
2.31
WHEREAS, the applicant, Fredricks Development
Corporation, 9 Brookhollow Drive, Santa Ana, California, has
submitted Tentative Tract Map 11765, proposing to subdivide
approximately 3.87 acres of land into 30 residential lots
and common recreation facility, located on Assessor's Parcel
No. 666-281-03; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will have a significant
effect on the environment, 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 map to the City Council recommending
approval; 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 1.5 Medium Density Residential 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) and is
consistent with the approved residential
concept plan (Growth Management 81-1).
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.
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2 32 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.
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 11765, 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 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.
3. Grading Plan: A preliminary grading plan for the
project 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/wall plans shall be prepared and
implemented for the entire project. Preliminary
landscaping, street tree, and fence/wall plans
shall be approved by the Planning Commission prior
to approval of a final map. Following such plan
approval, final working drawings shall be approved
by the Director of Community Planning and
Development.
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Landscaping Installation:
be installed as follows:
Landscaping shall 33
(a) Erosion control landscaping for all
manufactured slopes shall be installed
immediately after the certification of
rough grading by the City.
(b) The Olea Europaea (olive) as entry tree shall
be replaced with a Schinus Molle (California
Pepper).
(c) The Eucalyptus Polyanthemos (Silver Dollar
Gum) shall either be replaced or reduced
in size to one gallon in order to provide
sufficient root strength to support the
tree.
(d) Three box Schinus Molle (California Pepper)
shall be located at the corners of Ortega
Highway at La Novia and Windsong Drive and
La Novia consistent with the PC entry
theme.
(e) 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 within a given phase
until all landscaping has been installed for
that phase 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. An open space maintenance easement
shall be created over all major slopes that are
within residential lots. Landscaping on said
slopes shall be maintained by the homeowners'
association.
7. Vehicular Access Rights: Vehicular access rights
to all primary, secondary, and commuter highways
shall be released and relinquished to the City
except at street intersections.
8. Private Streets: The following private streets
shall be designed and constructed in accordance
with Section 9-4.103 of the Municipal Code:
(a) Via La Senda
(b) Via La Carta
(c) Via La Mora
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34 9. 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.
10. 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.
11. 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.
12. 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.
13. Fees: All required fees shall be paid prior to
approval of a final map.
14. Automatic Garage Door Openers: All garages shall
be equipped with automatic garage door openers.
15. Apportionment of Assessment Cost: The applicant
shall fund the cost for preparation of documents
necessary for apportionment of cost for the Ortega
Properties Assessment District (AD 78-3) over the
newly created lots. The total cost for the
preparation of said documents is currently estimated
to be $1,600.
PASSED, APPROVED AND ADOPTED this 17th day of
August 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Schwartze,
and Mayor Buchheim
NOES: None
ABSENT: Councilmen Hausdoxfer
Le
ZL�7-
jjdRRENCE F. nnHEIM, MAYOR
ATTEST:
i
ITY CLERK---4-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
235
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. 82-8-17-1 adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
Ata,ct , 19R7
(SEAL)
R ANN HOVER, ITY CLERK
STATE OF CALIFORNIA )
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 20th day of Aucfust 1982
she caused to be posted:
RESOLUTION NO. 82-8-17-1
being: TENTATIVE TRACT 11765 (FREDRICKS DEVELOPMENT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11765 (FREDRICKS
DEVELOPMENT)
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.
CHECK LIST FZ _ p _/.7 _
NO ...... ---- RES. NO.----__...
Mayor has signed
.. Clerk has signed
.. City Seal stamped
_ _....... All blanks typed in
"Absent.'..._......LY.....................................
"Noes .. ...... ..... ... J!�..................................
......... Typed in Official Record Book
............ Posted to Classified Cards
............ Copies sent toZ..(3
µ..�..... _...................
............. Legal Publication ordered to be published
(date) ------ .................. ................................. .
No. Affidavits ___.................... _�----- _...........
No. Printed copies required ..... N ...... ._...... -.
/ -5-
MARY ANN � OVER, Ci y Clerk
San Juan Capistrano, California