Resolution Number 79-10-17-47
RESOLUTION NO. 79-10-17-4
REVISED TENTATIVE TRACT 10103 (DOVER/LIVACICH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING REVISED TENTATIVE TRACT 10103
(DOVER/LIVACICH)
WHEREAS, the applicant, The Dover Company, 125 West
Mission Avenue, Suite 106, Escondido, California, has submitted
revised Tentative Tract 10103, a proposed subdivision of 192.5+
acres into 123 residential lots and nine (9) open space lots
located easterly of Rancho Viejo Road bounded on the north by
Trabuco Creek, the easterly City limits (east), and Mission Hills
Ranch and Huntridge Equestrian Center on the south; and,
WHEREAS, the City's Environmental Review Board has
reviewed the revised tentative tract and determined that it may
have a significant impact on the environment and that the previously
certified Environmental Impact Report adequately addresses the
impacts associated with the revised map, and therefor qualifies
under the use of a single Environmental Impact Report, and has
further 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 revised tentative tract, has
forwarded a recommendation to conditionally approve said map;
and,
WHEREAS, the City Council of the City of San Juan
Capistrano, finds and determines as follows:
1. The proposed tentative tract map and its design
and improvements are consistent with the 1.1, 1.2,
and 2.0 designations of the General Plan and is
otherwise consistent with all other elements of
the General Plan.
2. 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 RS, RS (16,000), RS (20,000),
ES, EL, RA, OR, and OS Districts.
3. The project site is physically suitable for the
type and density of the proposed development.
4. 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. 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.
6. The design and improvements of the proposed
project will not cause serious public health
problems.
7. The design or improvements of the proposed project
will 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 revised
Tentative Tract 10103, 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&R's) shall be prepared and implemented for the
project. The CC&R's shall include at a minimum:
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);
C. development constraints on specific parcels
within the development as shown on the
Constraints Matrix (Exhibit A); and,
d. inclusion of a provision that any development
application must be consistent with the
Hillside Development Guidelines presently
being revised for adoption by the City.
Said CC&R's shall be approved by the City Attorney
prior to approval of a final map.
3. Park land requirements shall be met in accordance
with Article 4.3, Ordinance No. 293, and the
applicable City Council development fee resolution
in effect at the time the final map is considered
by the Council.
4. Applicable development and other fees not specifically
referenced in these conditions of approval shall
be paid in accordance with appropriate ordinances
and City Council resolutions.
5. Development rights for open space Lots Nos. A, B,
C, and G shall be dedicated to the City.
6. Lots Nos. A, B, C, D, E, F, G, H, and I shall be
held in common ownership by a homeowners' association.
The conditions, covenants, and restrictions for
the project shall include provisions for use and
maintenance of said areas -- specifically regarding
maintenance of natural areas in a fire -safe
condition, flood plan protection, and recreational
uses.
7. Slope landscaping, bikeways, equestrian trails,
and recreation facilities designated on the
approved landscape and development plans shall be
installed and approved by the City prior to
issuance of any residential building permits. All
bikeways and equestrian trails, except the Lots
Nos. A, B and C equestrian trails, shall be
designed and constructed in accordance with
Section 4.1.6 of Ordinance No. 293 and adopted
fence and sign standards where trails coincide
with streets and residential lots.
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8. After grading, a representative of the Equestrian
Commission, the Public Works Department, and the
applicant shall walk each designated equestrian
trail. After walking said system, the City shall
determine if each trail is reasonably usable and
passable for all equestrians and may require
corrective grading or other work to insure said
usability.
9. Street trees shall be installed prior to final
inspection of any dwelling unit or release for
occupancy. A cash deposit to insure installation
of street trees may be required by the City prior
to issuance of any residential building permits.
10. Building plans and elevations for development of
other than single -lot ownership custom houses shall
be approved by the Planning Commission prior to
filing of residential building permit applications.
11. Prior to approval of a final map:
a. the precise alignment and grading plans for
the General Plan equestrian trail and local
feeder trails shall be reviewed by the
Equestrian Commission;
b. all equestrian feeder trails shall be irrevocably
offered to the City on the final map; and,
C. the General Plan trail shall be dedicated to
the City on the final map.
12. Provision shall be made for possible future
improvement and/or realignment of Trabuco Creek
adjacent to the tract. Such provision shall
consist of an irrevocable offer to dedicate Lots
Nos. E and F to the Orange County Flood Control
District. Erosion control measures (if required)
shall be constructed in Trabuco Creek. Such
measures shall be subject to approval of the City
Engineering and the Environmental Management
Agency.
13. Street names shall be approved by the Director of
Community Planning and Development prior to
approval of a final map.
14. Per the recommendations of the County Fire Department,
a minimum 25 -foot landscaped area shall be provided
between all structures and the natural areas of
Lots Nos. A, B, C, and G.
15. Driveways shall be designed and constructed to
serve Lots Nos. 118, 119, 120, 121, 122, and 123
to provide for and facilitate forward vehicle
access to and from Highland Drive. No other lot
shall have direct access to Highland Drive. The
City Engineer shall review said drive approaches
to insure adequate visibility and design.
16. All slopes shall be designed and constructed in
accordance with Section 4.1.11 of Ordinance No.
293. However, a waiver is hereby granted to the
Section 4.1.11 requirement limiting steepness of
cut slopes to 2 -to -1 or greater. Such cut slopes
may have a minimum ratio of 1 1/2 -to -1 only for
those slopes designated on the composite grading
plans.
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17. All designed streets shall be constructed and
dedicated in accordance with Section 4.1.3 of
Ordinance No. 293.
18. Rancho Viejo Road shall be dedicated to a right-
of-way width of 86 feet. Improvements shall be
provided, including a 64 -foot roadway, two 6 -foot
parkways, and a 10 -foot bike trail on the northeast
side. The bikeway shall be separated from the
roadway by a physical barrier.
19. Driveways shall be located and constructed in
accordance with Section 4.1.4 of Ordinance No.
293.
20. Vehicular access rights shall be released and
relinquished to the City on all primary, secondary,
and commuter streets except at street intersections,
except Lots Nos. 118 through 123.
21. Utility undergrounding shall be done in accordance
with Section 4.1.7 of Ordinance No. 293 and the
City's undergrounding policy.
22. Street lights and traffic signals shall be installed
in accordance with Section 4.1.8 of Ordinance No.
293 and accepted City policy.
23. Water transmission and distribution facilities
shall be designed, constructed, and dedicated in
accordance with Section 4.1.9 0£ Ordinance No. 293.
24. Drainage facilities shall be designed, constructed,
and dedicated in accordance with Section 4.1.10 of
Ordinance No. 293.
25. Sanitary sewers shall be designed, constructed and
dedicated according to Section 4.1.11 of Ordinance
No. 293.
26. The developer shall reimburse Fredricks Development
Corporation for the expenses incurred by that firm
in placing the final inch of asphalt pavement
thickness on Highland Drive. Said reimbursement
shall be in conformance with the "Reimbursement
Agreement" by and between the City and Fredricks
Development Corporation, dated February 21, 1979.
27. Developer shall place a seal coat on Highland Drive
upon completion of construction of the other public
improvements to the satisfaction of the City
Engineer.
28. The developer shall dedicate to the City without
further consideration the development rights for
Parcels Nos. 110 through 116. This dedication
shall not preclude the establishment of one single
family residence or accessory structures. Its
intent is to preclude the further subdivision of
the property or permit any additional single family
dwelling unit being constructed other than that
permitted by this condition. In addition, a deed
restriction shall be incorporated into the CC&R's
which identifies the development restrictions for
said lots.
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29. The following
all deeds for
Street "I".
statement shall be incorporated into
lots bordering Highland Drive and
"The street bordering this lot may be extended in the
future. The present street termination is temporary.
Provision has been made for future extension of the
street into adjoining properties if the City Council
determines that such an extension is necessary."
30. In order to provide for the possible future
extension of Street "I", the necessary right-of-way
through Lot No. 92 shall be irrevocably offered
to the City of San Juan Capistrano.
31. All citrus trees located within the project
boundary may be removed for development.
32. Realign the General Plan equestrian trail adjacent
to Lot No. 121 so that it follows the top of the
manufactured slopes adjacent to Highland Drive.
PASSED, APPROVED AND ADOPTED this 17th day of
October 1 1979 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
KENNETH E. FRIESS, MA OR
ATTEST:
CITY CLE
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. 79-10-17-4 , 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 .
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(SEAL) �� �9.C/�� i 2-
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MARANN Ij 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 22nd day of October 1979 ,
she caused to be posted:
RESOLUTION NO. 79-10-17-4
being: REVISED TENTATIVE TRACT 10103 (DOVER/LIVACICH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING REVISED TENTATIVE TRACT 10103
(DOVER/LIVACICH)
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 .......... _ RES. NO............
....!� Mayor has signed
......V. Clerk has signed
L .... City Seal stamped
All blanks typed in
..Absent.. ............. _... _..---...................
.Noes" ------------ ...................................
.............. Typed in Official Record Book
-------------- Posted to ClassifieeA�,Cards
............. Copies sent to ----L.'S'. T..i.'�y..{.--t 1.2...�-7r..1-----
A.721a.lo..0 P. -111.D---------------------
.............. Legal Publication ordered to be published
(date) .._.._..........................
No. Affidavits ......................... 6 ..
No. Printed copies required ...(Lr----------------- -
Remarks............................ ... .........................--------
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MARY ANN NOVER, City Clerk
San Juan Capistrano, California