Resolution Number 80-5-21-4'� 1
RESOLUTION NO. 80-5-21-4
TENTATIVE TRACT 11036 (BARTON DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT 11036, A 40 -UNIT
CONDOMINIUM DEVELOPMENT LOCATED ON ALIPAZ STREET
WHEREAS, the applicant, Donald W. Gilmour, 4740 Von
Karman Avenue, Newport Beach, California, has submitted a
tentative tract map to subdivide 5.89+ acres into 40 air space
condominium units located on Assessor's Parcel No. 121-171-05;
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
approval subject to conditions; 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 subdivision 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 and density of development.
4. 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.
5. That the design of the subdivision or the type of
improvements is not likely to cause serious public
health problems.
6. That the design of the subdivision or the type of
improvements will not conflict with easements,
acquired by the public at large, for access
through or use of, property within the proposed
subdivision.
7. That the design or improvements of the proposed
subdivision do not interfere with the maintenance
or preservation of an historical site.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby approve Tentative Tract 11036, subject to the following
conditions:
1. Covenants, Conditions and Restrictions shall be
recorded concurrently with the final map which
establish a Homeowners Association for the
maintenance of all common facilities. Provision
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050
shall be made in the CC&R's to prohibit any outside
antennas. Said CC&R's shall be reviewed and
approved by the City Attorney for conformance with
Section 3.6.9, Ordinance No. 293.
2. The applicant shall design and install the
necessary water facilities to serve the project.
Said facilities shall be reviewed and approved by
Orange County Waterworks District No. 4.
3. The applicant shall pay all applicable development
fees, including, but not limited to, 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.
4. Waiver from the Chapter 4 requirement to the
maximum number.of residences served by a private
street is hereby granted. Section 4.1.3 specifies
.the maximum number of units served by a private
street shall not exceed 12 unless waived.
5. The applicant shall dedicate and improve the
necessary right-of-way for Alipaz along the
project's frontage with Alipaz Street in accordance
with the Master Plan of Arterial Highways. Said
improvements shall include a half -street section,
curb and gutter, and sidewalk. Right-of-way
dedication shall be 42 feet from the center line
of Alipaz Street.
6. All utilities shall be undergrounded within the
project.
7. The applicant shall dedicate an easement over the
private street for utilities and emergency services
to the City of San Juan Capistrano.
8. All dwelling units shall be covered under the
provisions of Ordinance No. 294 (Home Warranty)
prior to issuance of any Use and Occupancy Permits.
9. Provision shall be incorporated into final working
drawings for emergency dual access for the project.
10. The applicant shall irrevocably offer and
improve, without further consideration, a
five -foot -wide bikeway along the southern
project boundary to the City of San Juan
Capistrano.
11. Vehicle access rights along Alipaz Street shall be
dedicated to the City except at street intersections.
12. Prior to approval of the Final Map, the applicant
shall enter into an agreement to maintain the
landscape area located within the public
right-of-way.
13. All necessary utility easements shall be a minimum
20 feet in width and dedicated to the City.
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051
14. The applicant shall pay $4,000 for the project's
pro -rated share in the installation of the traffic
signal for Alipaz/Del Obispo Street.
PASSED, APPROVED AND ADOPTED this 21st day of
May 1 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: None
RYL. HAU DORFER, MAYOR,
ATTEST:
CITY C RK
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. 80-5-21-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of
May , 1980
(SEAL)
MARY ANN XANOVER, CITY CLERK
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0NNG
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 2*1rd day of May , 1980
she caused to be posted:
RESOLUTION NO. 80-5-21-4
being: TENTATIVE TRACT 11036 (BARTON DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT 11036, A 40 -UNIT
CONDOMINIUM DEVELOPMENT LOCATED ON ALIPAZ STREET
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 PubjUc Library.
CHECK LIST V�J `f
ORD. NO._...----- RES. NO..._.......
----- Mayor has signed
...._Clerk has signed
.._..... Seal stamped
----- All blanks typed in
Absent" .............. .....................___......
"Noes" .__--------..--- t!�; -----------------------------
-------------- Typed in Official Record Book
........... Posted to Classif' Car s
------------- Copies sent to..oS,:-- --�z.(.........
.....
.............
--------------------- ------------------- -- ----
.........._.. Legal Publication ordered to be published
(date) ------- ----------------------------------------------- -..---
No. Affidavits ..... _------------------------
No. Printed copies required .._... ................
Remarks ..............._.A--------
......... /- ......... .......................
—4—
MARY AN NOVER, C ty ler
San Juan Capistrano, California
0