Resolution Number 79-10-17-165
RESOLUTION NO. 79-10-17-1
TENTATIVE PARCEL MAP 860 AND ZONE
VARIANCE 79-16 (HAUSDORFER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP 860 AND ZONE
VARIANCE 79-16 (HAUSDORFER)
WHEREAS, the applicant, Gary Hausdorfer, 26851 Calle
Canto, San Juan Capistrano, California, has submitted Tentative
Parcel Map 860, a proposed subdivision of 4.78+ acres into two
parcels containing approximately 2.7+ and 2.1+ acres respectively;
and,
WHEREAS, the lot size for parcel 2 is below the minimum
standard for the RA (Small Farm) District, the applicant has
submitted Zone Variance request 79-16 for consideration in
providing for the reduction in minimum lot size from 2.5 to 2.1
acres; and,
WHEREAS, the City's Environmental Review Board has
reviewed the applications 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 continued public hearing on the subject tentative parcel map
and zone variance application, has forwarded a recommendation to
conditionally approve said parcel map and zone variance; and,
' WHEREAS, the City Council of the City of San Juan
Capistrano, finds and determines as follows relative to Tentative
Parcel Map 860:
1. That the proposed map with the approval of Zone
Variance 79-16, is consistent with the 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 denisty 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 subidivision.
8. That the design or improvements of the proposed
subdivision does not interfere with the maintenance
or preservation of an historical site.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Parcel Map 860, subject to the following conditions:
1. Deed restrictions shall be recorded concurrently
with the final map which prohibit antennas on the
exterior elevations 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. Prior to approval of a final map, a soils and
geology report shall be submitted to the City
Engineer demonstrating adequate site stability for
both parcels. The applicant shall have prepared
an action plan for the soils exploration prior to
any testing. Said plan shall be submitted to, and
approved by the building and grading engineer.
3. The applicant shall provide the City Engineer with
documents showing legal ability to obtain access
to that portion of the access road outside the
project boundaries for parcel "2."
4. The applicant shall design and install the necessary
water facilities to serve both parcels "1" and "2"
of the parcel map. If water service is to be
provided by Orange County Waterworks District No.
4, said facilities shall be reviewed and approved
by Orange County Waterworks District No. 4.
5. The applicant shall be required to pay all applicable
development fees, including parks and recreation
in -lieu fees, school site reimbursement, and
drainage fees. Agriculture Preservation and
Systems Development tax shall be paid at the time
building permits are requested.
6. An archaeological survey shall be conducted on the
site and the results submitted to the Director of
Community Planning and Development prior to approval
of a final map.
7. The applicant shall dedicate all development
rights to parcel 2, except for the provisions of
allowing one (1) single family residence and
associated accessory structures.
8. Prior to recordation of the parcel map, a fire
hydrant served by a minimum six (6) inch water
main shall be installed in the vicinity of the _
40 -foot access easement by parcel 1 or financial -
security posted guaranteeing the installation
prior to issuance of a certificate of use and
occupancy for parcel 1.
9. Prior to the application for building permits for
parcels 1 and 2, plans of a residential fire
extinguishing system shall be approved by the Fire
Warden. Installation of said system shall be
completed prior to a certificate of use and
occupancy permit for said parcels.
10. Waiver from the twenty (20) foot street width is
hereby granted in order to mitigate any adverse
environmental impact upon the immediate neighborhood.
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BE
IT FURTHER RESOLVED, that the City Council of the
City of San Juan
Capistrano, California, does hereby approve
Zone Variance
79-16, based upon the following findings:'
1.
The existing shape of the parcel and its relationship
to other parcels in the immediate area creates
special circumstances not applicable to other
properties in the neighborhood.
' 2.
The granting of the variance is necessary for the
preservation and enjoyment of privileges enjoyed
by other properties in the neighborhood and under
identical zoning.
3.
The granting of the variance will not contribute
to a development which will be materially detrimental
to the public welfare or injurious to property or
improvements in the vicinity in that the design
and location of units meets the general intent and
purpose of the RS (Small Farm) District.
A.
The granting of the variance is consistent with
the goals, objectives and policies related to
hillside development of the General Plan.
PASSED, APPROVED AND ADOPTED this 17th day of
October 1 1979 , by the following vote, to wit:
AYES: Councilmen Schwartze, Buchheim and
Mayor Friess
NOES: Councilman Thorpe
' ABSENT: Councilman Hausdorfer
KENNETH E. FR ESS, MAYOR
ATTEST:
ITY CLER �
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. 79-10-17-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
October 1 1979 .
(SEAL)
MARY 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 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 19th day of October , 1979
she caused to be posted:
RESOLUTION NO. 79-10-17-1
being: TENTATIVE PARCEL MAP 860 AND ZONE
VARIANCE 79-16 (HAUSDORFER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE PARCEL MAP 860 AND ZONE
VARIANCE 79-16 (HAUSDORFER)
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 7 y i7- /
ORD. NO .......... RES. NO............
------ Mayor has Signed
..... V✓Clerk has signed
............. City Seal stamped
... All blanks typed in//
..Absent.. -.............._._......_..._............
«Noes"---............n+.urp.c.. ....................
.............. Typed in Official Record Book
.............. Posted to Classif# Ca d /
....__..... Copies. sent to_/..-4aT.( 3��. G.iplo �2j/..}Z.L¢
.r-/.rJ..!.?....---............._------------
............. Legal Publication ordered to be published
(date) _ - -- ------------ ......... ...............................
No. Affidavits ..-------------------------------------------
No. Printed copies required ------ '.1................
Remarks
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`'MARY ANN ANOVE , City Clerk
San Judn Capistrano, California