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Resolution Number 83-3-1-1RESOLUTION NO. 83-3-1-1 TENTATIVE PARCEL MAP 82-860 (SHREWSBURY-NEWPORT/PACIFIC HOMES) 393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 82-860 (SHREWSBURY- NEWPORT/PACIFIC HOMES) WHEREAS, the applicant, Newport Pacific Homes, 5100 Campus Drive, Suite 200, Newport Beach, California, has submitted Tentative Parcel Map 82-860, proposing to subdivide approximately 2.403 acres of land into four residential lots located on Assessor's Parcel No. 649-082-23; 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, the City Planning Commission has forwarded the Tentative Parcel Map 82-860 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 1.2 low 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). 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. -1- 3 94 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 Parcel Map 82-860 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 the private road, equestrian easements, 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). (c) Provisions restricting the grading of lots for individual residences and other accessory structures as defined by the Municipal Code such that the natural contours of the site are preserved. The CC&Rs shall be approved by the City Attorney prior to approval of a final map. Grading Plan: A preliminary grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Architecture: All buildings and structures proposed for each lot shall conform to the Hillside Development Guidelines for Custom Homes. _ 5. Landscape and Wall Plans: and fence/wall plans shall implemented for the entire street tree, and fence/wall approved by the Director of Development. 6. Landscaping Installation: installed as follows: -2- Landscape, street tree, be prepared and project. Landscaping, plans shall be Community Planning and Landscaping shall be (a) Erosion control landscaping for all 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 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. 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. Landscaping on said slopes shall be maintained by the homeowners association. 8. Street Name: Street name shall be approved by the Director of Community Planning and Development prior to approval of a final map. 9. Vehicular Access Rights: Vehicular access rights to Del Obispo Street and Calle Aspero shall be released and relinquished to the City except at the private Del Obispo Street intersection. 10. Del Obispo Street: Del Obispo Street shall be designed, constructed, and dedicated to full secondary standards in accordance with Section 9-4.103 of the Municipal Code. 11. Private Street "A": Private street "A" shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. 12. 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 Capistrano Valley Water District. 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. -3- 396 14. Other Improvements: Driveways, pedestrian ways, bikeways, equestrian trails, utility undergrounding, street lights, drainage facilities, sanitary sewers, and monumentation shall be located and constructed in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. _ 15. 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 Building Official. 16. Fees and Permits: All required development fees shall be paid prior to approval of a final map. Building and Grading plan check and permit fees shall be paid prior to issuance of the applicable permit. No work may be started prior to issuance of an applicable permit by the City Building Official. 17. Individual Residential Grading Plans: Grading plans for individual residences and other accessory structures as defined by the Municipal Code shall be reviewed and approved by the Director of Community Planning and Development in order to: (1) adequately address impacts associated with the prominent visibility of the property, with special emphasis on mitigating the visual impacts of dwellings as viewed from the downhill side; (2) protect adjacent residential neighborhoods from potential view blockage; (3) to preserve the natural contours of the site to the greatest extent possible; and (4) consistency of the grading plan shall be made pursuant to the approval of the preliminary grading plan per Condition No. 3. 18. Protective Fencing: A temporary chain-link fence meeting the requirements of the Public Works Department shall be constructed along Calle Aspero and Del Obispo Street to protect adjacent public areas during grading and construction operations. ^ 19.B "uilding of Distinction": Prior to the issuance of a permit to demolish the existing house, the applicant shall be required to comply with the following conditions: (a) Applicant shall allow the relocation of the home and advertise such fact for a minimum period of two (2) months. -4- 397 (b) Applicant shall provide to the City a photographic record of the house and its setting prior to demolition. (c) If the residence is to be demolished, the applicant shall notify and allow local historic interest groups up to two (2) weeks within which to remove and preserve any unique or significant windows, doors or hardware contained on or within the house. 20. Development Plans: Ultimate development of the site shall be considered precise as shown on the Tentative Parcel Map. Any modifications to such map shall be reviewed and approved by the Planning Commission. 21. Restrictions of Accessory Uses: Restrictions on the development of the accessory uses shall be recorded on the title report for the property. PASSED, APPROVED AND ADOPTED this 1st day of March , 1983 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT:None ;;ELNCEF.� B EIM, MAYOR ATTEST: 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. 83-3-1-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of March , 1983 . ���• �c, (SEAL) MARY NN NOVER, CITY -CLERK- -5- -5- 398 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 4th day of March 1 A� she caused to be posted: RESOLUTION NO. 83-3-1-1 being: TENTATIVE PARCEL MAP 82-860 (SHREWSBURY-NEWPORT/PACIFIC HOMES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 82-860 (SHREWSBURY- NEWPORT/PACIFIC HOMES) 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 �3- 3-,'-1 ORD. NO--..- ..... . RES. NO.......----. -----V Mayor has signed .._ -- Clerk has signed __.`.- City Seal stamped --------- All blanks typed in .. "Absent" .. _.,� ...... _......__--. Noes" ....----.................................---------- -------------- Typed in Official Record Book ......... Posted to ClassifipVd Card$ ............. Copies sent to f:,O .7 Zj. Ai -C PyD-j' .e -- ...._....... Legal Publication ordered to be published (date) ... ................. ----- ........ .................. ....... No. Affidavits............ No. Printed copies required _..6..........._... Remarks----.......—......................---........-..................._.. .................................................................. _--'.............----- . _........................................................................ F MAAY ANfi HANOVER, CITY CLERK San Jucfn Capistrano, California IM.