Resolution Number 80-6-18-2077
RESOLUTION NO. 80-6-18-2
TENTATIVE TRACT 11086 (CADILLAC/FAIRVIEW)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT 11086
WHEREAS, the applicant, Cadillac/Fairview Homes West,
500 Newport Center Drive, Suite 815, Newport Beach, California, has
submitted a tentative tract map to subdivide 12.7 acres into 71
numbered lots and 7 lettered lots located south of Camino del
Avion at the intersection of Alipaz Street; and,
WHEREAS, the City's Environmental Review Board has
determined that the environmental impact report prepared for the
overall project effectively addresses the environmental impacts
of the tentative map 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 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 problems.
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 Tract 11086, subject to the following
conditions:
1.
Codes, Covenants and Restrictions (CC&R's) shall
be recorded concurrently with the final map which
establish a Homeowners Association for the
maintenance of all common facilities. Said
CC&R's shall be reviewed and approved by the
City Attorney for conformance with Title 9,
Chapter 3, Article 6, Section 9-3.609 of the
Municipal Code.
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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 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 Title 9, Chapter 4, Article 1,
Section 9-4.103(c) requirement to the maximum
number of residences served by a private street
is hereby granted.
5. The applicant shall dedicate and improve the necessary
right-of-way for Alipaz along the project's
frontage with Alipaz Street in accordnace with
the Master Plan of Arterial Highways. Said
improvements shall include a full street section,
curb, gutter and sidewalk. Right-of-way dedication
shall be 104 feet.
6. All utilities shall be undergrounded within the
project.
7. The applicant shall dedicate an easement over all
private streets for utilities and emergency
services to the City of San Juan Capistrano.
8. All dwelling units shall be covered under the
provisions of Title 8, Chapter 6, Home Warranty
Program prior to issuance of any Use and Occupancy
Permits.
9. Provision shall be incorporated into final working
drawings for emergency dual access from the project.
10. The applicant shall improve, landscape, and
dedicate to the City, without further consideration,
the 10 -foot -wide bikeway along the eastern and
northern project boundaries from the levee to the
intersection of Camino del Avion and Alipaz Street.
11. Vehicle access rights along Alipaz Street and Camino
del Avion shall be dedicated to the City except
at street intersection.
12. Prior to approval of the Final Map, the applicant
shall enter into an agreement to maintain the
landscape area located within the public rights-
of-way and adjacent to the creek levee.
13. All necessary utility easements shall be a minimum
20 feet in width and dedicated to the City.
14. The applicant shall pay $7,100 for the project's
pro -rated share of the installation of the traffic
signal for the Alipaz/Del Obispo Street intersection.
15. The applicant shall dedicate and improve the necessary
right-of-way for Camino del Avion along the project's
frontage with Camino del Avion in accordance with
the Master Plan of Arterial Highways. Said
improvements shall include a half -street section,
curb, gutter, and sidewalk.
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16. Street lights and traffic signals shall be
installed according to Title 9, Chapter 4, Article
1, Section 9-4.108 and accepted City policy.
17. Sanitary sewers shall be designed, constructed and
dedicated according to Title 9, Chapter 4, Article
1, Section 9-4.111.
18. Water transmission facilities shall be designed,
constructed, and dedicated according to Title 9,
Chapter 4, Article 1, Section 9-4.109.
19. Drainage facilities shall be designed, constructed,
and dedicated according to Title 9, Chapter 4,
Article 1, Section 9-4.110.
20. Six specimen -size trees will be required to be
planted adjacent to the bicycle trail and the mobile
home park. The location and species shall be
approved by the Director of Community Planning
and Development.
21. Private streets within the development shall be
painted and posted to prohibit on -street parking.
22. An agreement between the property owner and the
Orange County Flood Control District shall be
executed prior to the acceptance of the final
tract map. Said agreement shall provide for the
planting and maintenance of landscaping in the
flood control easement along the San Juan Creek
levee.
PASSED, APPROVED AND ADOPTED this 18th day of
June , 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Thorpe
Buchheim and Mayor Hausdorfer
NOES: None
ABSENT: 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. 80-6-18-2 , adopted by
the City Council of the City of San JuanCapistrano, California,
at a regular meeting thereof held on the -18th day of
June , 1980.
(SEAL)
RY ANN OVER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and syas:
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 June, 1980, she caused
to be posted:
RESOLUTION NO. 80-6-18-2
being: TENTATIVE TRACT 11086 (CADILLAC/FAIRVIEW)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT 11086
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 #MVER, City Clerk
San Juan Capistrano, California
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