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Resolution Number 79-10-3-15Q RESOLUTION NO. 79-10-3-1 TENTATIVE TRACT 9339 (WERTIN/WOODCREST) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT 9339 (WERTIN/WOODCREST DEVELOPMENT COMPANY, INC.) WHEREAS, the applicant, Woodcrest Development Co., Inc., 2081 Business Center Drive, Suite 200, Irvine, California, has submitted Tentative Tract 9339, a proposal for a one -lot subdivision for condominium purposes, creating 56 units; and, WHEREAS, the City's Environmental Review Board has reviewed the subject tentative tract map, has determined that the project may not have a significant impact on the environment and have issued a Negative Declaration, and has otherwise carried out all requirements of the California Environmental Quality Act for the project; and, WHEREAS, the City's Planning Commission, after holding a public hearing on the subject tentative map, has forwarded it to the City Council recommending approval; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines as follows: 1. That the proposed tentative tract map and its design and improvements are consistent with the 1.5 Medium High Density Residential designation of the General Plan and is otherwise consistent with all other elements of the General Plan. 2. That the proposed tentative tract map, as conditioned, conforms to all requirements of the City's Land Use Management Code and is consistent with the requirements of the RM (Multiple Family) District. 3. That the project site is physically suitable for the type and density of the proposed development. 4. That the design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements avoidably injure fish or wildlife or their habitat. 5. That the design and 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract 9339, subject to the following conditions: 1. The provisions of Ordinance No. 294 (Home Warranty Ordinance) shall apply to any person, firm, or corporation selling or offering for sale within the tract three or more dwelling units not previously occupied for residential purposes during any twelve-month period. 2. 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: -1- No] (a) provisions on the use and maintenance of common areas; (b) the prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 3.6.9, Ordinance No. 293). Said CC&Rs shall be approved by the City Attorney prior to approval of a final map. 3. The tentative tract shall be in conformance with the development plans and adhere to all the conditions for Architectural Control 78-5 (Wertin). PASSED, APPROVED AND ADOPTED this 3rd day of - October , 1979, by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Buchheim NOES: Mayor Friess ABSENT: None KENNETH E. FRIESS, MAYOR ATTEST: CITY CLFi$K 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. 79-10-3-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of October , 1979. (SEAL) MARY ANN�ANOVER, CITY CLERK d= 61 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 5th day of October . 1979 she caused to be posted: RESOLUTION NO. 79-10-3-1 being: TENTATIVE TRACT 9339 (WERTIN/WOODCREST) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT 9339 (WERTIN/WOODCREST DEVELOPMENT COMPANY, INC.) 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. OVER, City Clerk San Jua Capistrano, California CHECK LIST %'/_/0.3-/ ORD. NO- -.-_.. - RES. NO. ....._ .._✓ Mayor has signed ..... .. Clerk has signed ._✓... City Seal stamped ✓.... All blanks typed in "Absent.' --------2_....-----........_.....---.._..._.. "Noes" ---'_....... ✓r�s„F:---..._......-------- -------- .... Typed in Official Record Book ..__........ Posted to Classif qd Cards ............. Copies sent �.o..pS./r�..C31;. ................... .............. Legal Publication ordered to be published (date) .......... ............... ....... -.............. ...... ---..... No. Affidavits --- .--- ................. ................. ........ No. Printed copies required ..... 7 ..... ......... , Remarks.............. ..._--------- ------_------------------------------ . ........................ ....... ....................................................... .............................................. — -.................................... 5 z -3-