Resolution Number 81-11-3-2i
RESOLUTION NO. 81-11-3-2 303
TENTATIVE TRACT 11587 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11587 (AROSA)
WHEREAS, the applicant, Arosa Development and Management,
Inc., 2915 C. Red Hill Avenue, Suite 106, Costa Mesa, California,
has submitted Tentative Tract Map 11587, proposing to subdivide
approximately 9.8+ acres of land into 32 residential lots, a park
and professional office parcel, located on Assessor's Parcels
Nos. 675-081-3, 4, 14; and,
WHEREAS, the City's Environmental Review Board has
determined that the proposed project will have a significant
effect on the environment, has required the preparation of an
environmental impact report, 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; 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 PC
(Planned Community) 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 the adopted
Forster Canyon Planned Community Comprehensive
Development 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.
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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 11587, 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 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. Architecture: Final working drawings shall be
approved by the Director of Community Planning and
Development prior to approval of a final map.
5. Landsca e and Wall Plans: Landscape, street tree,
and fence wall plans shall be prepared and
implemented for the entire project. Final
landscaping, street tree, and fence/wall plans
shall be approved by the Director of Community
Planning and Development.
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Landscaping Installation: Landscaping shall be 05
installed as follows:
(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 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.
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.
S. Street Names: Street names 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 all primary, secondary, and commuter highways
shall be released and relinquished to the City
except at street intersections.
10. Public Streets: The following public streets
shall be designed, constructed, and dedicated in
accordance with Section 9-4.103 of the Municipal
Code:
(a) Valle Road, from its intersection with Camino
Las Ramblas to the tract boundary in
accordance with the provisions of the Forster
Canyon Comprehensive Development Plans and
Municipal Code.
11. Private Streets: The private street shall be
designed and constructed in accordance with
Section 9-4.103 of the Municipal Code. In
addition, a turf block emergency access drive
shall be designed and constructed from the
cul-de-sac terminus to Via de Agua.
12. Construction Impact Program: The following impact
program shall be implemented in conjunction with
Tentative Tract 11557:
me
3 O (a) All construction traffic shall enter the
project from Camino Las Ramblas at its
intersection with the future Valle Road
extension. Construction traffic shall be
prohibited on Via de Agua.
(b) Grading operations shall be designed to
start adjacent to existing residential
units and progress westerly towards the -
Valle Road alignment.
(c) A fence -controlled pedestrian walkway
(temporary) shall be designed and
implemented adjacent to Via de Agua and
Camino Las Ramblas prior to the initiation
of any construction activity.
(d) All grading for the residential, office,
and park site shall be completed in one
phase.
(e) Upon completion of the rough grading
operation, all manufactured slopes and the
park site shall be landscaped in accordance
with approved plans.
13. Park Site: The applicant shall dedicate and
improve the 4.5 acre park site in accordance
with the approved concept development plan.
Initial improvements shall consist of turf and
trees. Hardscape facilities, excluding the
tennis courts and volleyball area, shall be
constructed during the construction period for
the dwelling units allocated to Phase II in
the Forster Canyon Planned Community. Final
hardscape improvements, consisting of the two
tennis courts and volleyball area, shall be
constructed during the construction period for
the dwelling units allocated to Phase III.
However, regardless of the above phasing
provision, all park improvements shall be
completed prior to December 31, 1986. The
applicant shall receive credit for all
improvements to the "Las Ramblas" and "Mesa"
park sites for in -lieu Park and Recreation fees.
An agreement which defines the phasing and
amount of improvements shall be reviewed as to _
form by the City Attorney and Director of
Community Planning and Development. Said
agreement to be executed with the final map.
14. Traffic Signal: The applicant shall enter into
an agreement to participate in the installation
of a traffic signal at the intersection of
Camino Las Ramblas and Valle Road during Phase
IV (1985) construction of the overall planned
community.
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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 #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.
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. Zone Variance: This approval shall be null and
void if Zone Variance 81-26 is denied.
21.Housing Opportunities Program: A Housing
Opportunities Program developed consistent with
the provisions of the Comprehensive Development
Plan for the Forster Canyon Planned Community
shall be approved by the Planning Commission
prior to approval of the final map.
22. Garage Door Openers: Automatic garage door
openers shall be installed for all garage units.
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23. Occupancy Permit: Occupancy permits for the
residential units shall not be issued until
grading and landscaping of the adjacent slope
on the abutting Window Hill property are
completed.
PASSED, APPROVED AND ADOPTED this 3rd day of
November 1981 , by the following vote, to wit:
AYES:
NOES:
ABSENT
ATTEST:
Councilmen Friess, Hausdorfer, Bland,
Buchheim and Mayor Schwartze
None
None
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. 81-11-3-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of
November 1 1981 -
(SEAL)
MARY ANN AIOVE , CITY CLERK
i
309
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 10th day of November 1981
she caused to be posted:
RESOLUTION NO. 81-11-3-2
being: TENTATIVE TRACT 11587 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11587 (AROSA)
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.
MABY ANN HANG ER, it C e c
San Juan Capistrano, Cali ornia
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