Resolution Number 80-8-20-1151
RESOLUTION NO. 80-8-20-1
TENTATIVE PARCEL MAP 80-852 (RUDY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP 80-852 (RUDY)
WHEREAS, the applicant, Steven M. Rudy, 24175 Paseo
Del Campo, Laguna Niguel, California, has submitted Tentative
Parcel Map 80-852, a proposed subdivision of 3.006 acres into 3
parcels of .90, .90, and 1.2 acres respectively; and,
WHEREAS, the City's Environmental Review Board has
reviewed the application and determined that it will not have a
significant impact on the environment and has accordingly granted
a Negative Declaration, and has otherwise carried out all
applicable provisions of the California Environmental Quality
Act; and,
WHEREAS, the City's Planning Commission, after holding
a public hearing on the subject tentative parcel map, has forwarded
a recommendation to conditionally approve said parcel map; and,
WHEREAS, the City Council of the City of San Juan
Capistrano, finds and determines as follows relative to Tentative
Parcel Map 80-852:
1. The City's Environmental Review Board reviewed
Tentative Parcel Map 80-852 and granted a Negative
Declaration.
2. A public hearing has been held to review and
receive testimony on the application.
3. The proposed Tentative Parcel Map is consistent
with the Low Density Residential designation of
the General Plan and is otherwise consistent with
all other elements of the General Plan.
4. The proposed Tentative Parcel Map, as conditioned,
conforms to all requirements of the City's Land
Use Code and is consistent with the ES (Small
Estate) District.
5. The subject site is physically suitable for the
type and density of the proposed project.
6. The design and improvements of the proposed parcel
map will not cause substantial environmental
damage; nor will said design or improvements
avoidably injure fish or wildlife or their habitat.
7. The design and improvements of the proposed parcel
map will not conflict with easements acquired by
the public at large for access through or use of
property within the proposed project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of San Juan Capistrano does hereby approve Tentative
Parcel Map 80-852, subject to the following conditions:
1. A tree preservation plan is to be developed and
implemented for all existing trees. Said tree
preservation plan shall be approved by the Tree
Inspector. The disposition of all trees within
the property shall be shown on all proposed
grading or improvement plans for the project.
-1-
152
2. Equestrian trail easements shall be irrevocably
offered to the City. Design, alignment, and
improvement of said trails shall be reviewed by
the Equestrian Commission.
3. Domestic water shall be furnished by Orange County
Waterworks District No. 4 in accordance with that
District's policies and procedures.
4. All existing and proposed utilities shall be
installed in accordance with existing underground
policy.
5. No antennas shall be installed on or above any
roof or other exterior elevations. This requirement
shall be incorporated into deed restrictions on
each lot or other covenants which run with the
land. A copy of these restrictions shall be filed
with the City prior to recordation of a final map.
6. The developer of each lot shall be required to
submit individual grading plans in accordance with
Ordinance No. 293 to the Environmental Review
Board prior to release to the grading division.
The grading plan shall be designed by a licensed
civil engineer who shall be required to supervise
the grading and drainage during construction.
Certification by the civil engineer that the site
conditions at a rough grade stage conform to the
approved plans and grading permit shall be required
prior to the issuance of building permits. This
requirement shall be recorded with the parcel map
as a declaration of restriction.
7. The provisions of Ordinance No. 294 (Home Warranty
Ordinance) shall apply to any person, firm, or
corporation selling or offering for sale, three or
more dwelling units not previously occupied for
residential purposes within the City during any
twelve-month period.
8. Vehicular access to Avenida Evita shall be
prohibited. Avenida Evita shall be constructed to
intersect with Via Estelita and shall serve all
three parcels from Via Estelita only. Final
improvement plans for both streets, together with
a schedule for ultimate closing of Avenida Evita
with a cul-de-sac at the northerly border of Tract
7112, shall be reviewed and approved by the Planning
Commission prior to parcel map recordation.
9. The applicant shall improve the south 30 feet of
Via Estelita with a reciprocal reimbursement
agreement, or enter into an agreement whereby such
financial assurances will be provided as may be
deemed necessary by the City Engineer.
10. Sewer service shall be by the City of San Juan
Capistrano. The developer shall install all
required sewer lines and make appropriate
connections to existing facilities in compliance
with regulations for sanitary services as
administered by the Director of Public Works.
11. An emergency connection shall be constructed
between the new cul-de-sacs which will divide
Avenida Evita into two segments southwest of the
subject parcel map. The design of the emergency
connection shall be approved by the Planning
Commission.
-2-
153
12. Prior to recordation of the map, water improvement
plans shall be approved by the Fire Warden for
fire protection and financial security posted for
installation of same. The adequacy and reliability
of the water system design, location of valves,
and distribution of the fire hydrants, will be
evaluated in accordance with Insurance Services
Office's suggested standards contained in the
"Grading Schedule for Municipal Fire Protection."
13. Prior to the application for building permits for
the parcels, plans showing the installation of an
automatic fire extinguishing system shall be
approved by the Fire Warden. Subject installation
shall be operational prior to the issuance of
certificates of use and occupancy.
14. The developer shall construct a private street
with minimum paved width of 20 feet from Avenida
Evita to provide access to the individual parcels.
The private street shall be constructed in
conformance with Ordinance 293, Section 4.1.3.
15. Prior to approval of the final map, all required
development fees shall be paid.
PASSED, APPROVED AND ADOPTED this 20th day of
August , 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. 80-8-20-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 20th day of
August 1 1980.
(SEAL)
RY ANN ER, CITY CLERK
-3-
154
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 21st day of August 1980 ,
she caused to be posted:
RESOLUTION NO. 80-8-20-1
being: TENTATIVE PARCEL MAP 80-852 (RUDY)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP 80-852 (RUDY)
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
ORD. NO- ...... _ RLS. NO.--..__...
.._ Mayor has signed
.._.- f Clerk has signed
_ '�/ City Seal stamped
_J..-. All blanks typed in
"Absent" ............. ......
..._.-............._...----
"Noes ............. .... -
-- --------------------
............. Typed in Official Record Book
......_...... Posted to ClassifiiQ Cars
------------- Copiesa�J...
J-
..
..._......_- Legal Publication ordered to be published
(date) ------------------ ..._.....--..__--- ....---------- -.....-
No. Affidavits ..............................//..
No. Printed copies required ....LO_...... --_._.-
Remarks ...........0'72�P..%'.� ... U_N r�i-..--.
----------
..... -"-----------------
-4-
'MARY AN ANOV R, City Clerk
San Juan Capistrano, California