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Resolution Number 80-4-16-1017 RESOLUTION NO. 80-4-16-1 TENTATIVE PARCEL MAP 79-862 (SACARAMA) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 79-862, A THREE -PARCEL SUBDIVISION LOCATED ON SACARAMA LANE WHEREAS, the applicant, Sacarama Limited Partnership, P. 0. Box 986, San Juan Capistrano, California, has submitted a tentative parcel map to re -subdivide two existing lots into three parcels with a minimum lot size of 1.0+ acres located on Assessor's Parcels Nos. 649-101-13 and 649-101-23; and, WHEREAS, the City's Environmental Review Board found that the project will not have a significant impact on the environment, has accordingly issued a negative declaration for the project and has otherwise carried out all applicable requirements of the California Environmental Quality Act; and, WHEREAS, the Planning Commission has reviewed the application and has forwarded it to the City Council recommending denial; and, WHEREAS, a Public Hearing has been duly advertised and held to review and receive testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with the applicable general and specific area plans. 3. That the site is physically suitable for the proposed type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health or safety problems as conditioned. 7. That the design of the subdivision or the type of improvements will not conflict with the easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 8. That the design or improvements of the proposed subdivision does not interfere with the maintenance or preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve Tentative Parcel Map 79-862, subject to the following conditions: -1- 1 1. Deed restrictions shall be recorded concurrently with the final map which prohibit antennas on the exterior elevation of any residence. Said deed restrictions shall be reviewed and approved by the City Attorney for conformance with Section 3.6.9, Ordinance No. 293. 2. The applicant shall provide the City Engineer with documents showing legal access to the property from Aguacate Road. 3. The applicant shall design and install the necessary water facilities to serve parcels 2 and 3. Said facilities shall be reviewed and approved by Orange County Waterworks District No. 4. 4. The applicant shall be required to pay all applicable development fees, including parks and recreation in -lieu fees and drainage fees. Agriculture Preservation and Systems Development tax shall be paid at the time building permits are requested. 5. Prior to recordation of the final parcel map, a financial security shall be posted guaranteeing the installation of all required in-place fire facilities. 6. Prior to application for building permits for parcels 2 and 3, plans of a residential fire extinguishing system shall be approved by the Fire Warden. Installation of said system shall be completed and operational prior to issuance of a Certificate of Use and Occupancy permit for said parcels. 7. Waiver from the Chapter 4 requirement to the maximum number of residences served by a private street is hereby granted subject to the private street being improved on the West side of the property. Said design and improvements shall be reviewed and approved by the City Engineer per the interim access study defined as Exhibit "G" of the staff report dated April 17, 1980. 8. The applicant shall enter into an agreement to participate in Assessment District 80-1. Said agreement shall be reviewed and approved as to form by the City Attorney and City Engineer. 9. The applicant shall enter into an agreement to acquire and improve the necessary right-of-way to extend Peppertree Bend northerly to the existing irrevocable easement for Avenida Sacarama dedicated as a part of Division of Land 75-7 (Crutcher). Said acquisition and improvements shall be commenced at such time the assessment district is formed for the construction of Via Estelita. The requirement for improvement of a tie-in to Peppertree Bend shall, however, be returned to Council with specific design considerations. 10. The removal of the 10 -inch orange and 6 -inch avocado trees is hereby approved for the purpose of installing the access driveway and utilities. Any further tree removals shall be processed under a separate application. -2- 019 11. The applicant shall irrevocably offer a minimum 10 -foot -wide equestrian trail as located on the tentative parcel map. In addition, the equestrian trail shall be improved and fenced in accordance with City standard plans. PASSED, APPROVED AND ADOPTED this 16th day of April 1 1980 , by the following vote, otwit: AYES: Councilmen Friess, Schwartze, Buchheim and Mayor Hausdorfer NOES: 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. 80-4-16-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of April r 1980 I,��� MARYRftNOVER, CITY CLERK -3- 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 30th day of April 1980 , she caused to be posted: RESOLUTION NO. 80-4-16-1 being: TENTATIVE PARCEL MAP 79-862 (SACARAMA) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 79-862, A THREE -PARCEL SUBDIVISION LOCATED ON SACARAMA LANE 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 H R, City Clerk San Juan Capistrano, California CHECK LIST 'yp, y_/(,— l _ ORD. NO_ ...... ... RES. NO.... __.- ............. Mayor has signed ............. Clerk has signed ........... City Seal stamped ........— All blanks typed in_ ..Absent .......... )... ..P-1ti " Noes "... ............. �----------------- -------- ... ............. Typed in Official Record Book —........... Posted to Classified Cards r -------- Copies sent to.... t :F'...(3-�1-'.jjf_`6.5T.. ------------------_------- ----- ------- Legal Publication ordered to be published (date) --------------------- ...._......__------- ---...--------- No. Affidavits ------... No. Printed copies required _.I// ---- ......_....... Remarks ................-------C... Q--- K'!.. _----- —4— ...................-,..............1..`u..L7t .0 ....