Resolution Number 78-10-4-1Y
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RESOLUTION NO. 78-10-4-1
TENTATIVE PARCEL MAP, DIVISION
OF LAND 78-2 (GLEN COVE ASSOCIATES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A TENTATIVE PARCEL MAP FOR DIVISION OF LAND
78-2, A PROPOSAL TO CREATE THREE PARCELS FROM
ONE 7.7+ ACRE PARCEL - ONE 2.1+ ACRE PARCEL,
ONE 2.3+ ACRE PARCEL, AND ONE 2.5+ ACRE
PARCEL WITH THE BALANCE OF THE PROPERTY
CONVEYED TO THE CITY FOR ROAD PURPOSES
WHEREAS, the City's Environmental Review Board has
reviewed the subject tentative parcel map, has determined that
the proposed project will not have a significant adverse impact
on the environment, has granted 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 conducting
a public hearing on the subject tentative parcel map, has forwarded
same to the City Council recommending approval; and,
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1. The City's Environmental Review Board has reviewed
Division of Land 78-2, has determined that it will
not have a significant impact on the environment,
and has otherwise carried out all requirements of
the California Environmental Quality Act for the
project.
2. A public hearing has been held to review and
receive public testimony on the application.
3. The proposed tentative parcel map and subsequent
division of land are consistent with the Very Low
Density Residential designation of the General
Plan and is otherwise consistent with all other
elements of the General Plan.
4. The proposed project, as conditioned, conforms to
all requirements of the City's Land Use Management
Code and is consistent with the requirements of
the RA (Small Farm) 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 project
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 project
will not conflict with easements, acquired by the
public at large, for access through or use of the
property within the proposed project.
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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, Division of Land 78-2, subject to the following
conditions:
1. The Parks and Recreation requirement of Chapter 4,
Land Use Management Code, shall be satisfied by
payment of in -lieu fees. This fee shall be paid
prior to approval of a final parcel map for
recordation.
2. 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 convenants which run with the
land. A copy of these restrictions shall be filed
with the City prior to approval of a final map.
3. Equestrian access shall be provided for all parcels
in accordance with Section 4.1.6, Land Use Management
Code. This equestrian easement shall be a minimum
10 feet in width and shall be irrevocably offered
to the City without further consideration. Design
and alignment shall be approved by the Equestrian
Commission prior to approval of a final parcel
map.
4. The developer shall be required to conform to the
Master Plan of Drainage for the San Juan
Capistrano -Capistrano Beach area. The property is
located within the LO1 drainage fee assessment
area. Fees shall be paid in accordance with the
current fee schedule.
5. Water distribution system and appurtenances shall
meet the approval of the County Fire Warden.
6. Grading plans for individual lots, drives, Ortega
Highway improvements and the access road shall be
reviewed and approved in accordance with Ordinance
No. 293 by the Environmental Review Board prior to
release to the Building 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 the
rough grade stage are as per the approved plans
and permit shall be required prior to issuance of
building permits.
7. All existing and proposed utilities shall be
installed underground at the sole expense of the
developer.
8. The requirement for domestic water will be
coordinated with, and approved by, the Orange
County Water Works District No. 4.
9. All fees shall be paid in accordance with applicable
regulations before issuance of a building permit.
10. That portion of Ortega Highway along the property
frontage shall be dedicated to the City of San
Juan Capistrano without further consideration 52
feet from centerline and improved in accordance
with standards outlined in Ordinance No. 293. The
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developer shall provide financial responsibility
for ultimate improvements on Ortega Highway.
Vehicle access rights along Ortega Highway shall
be dedicated to the City of San Juan Capistrano.
11. Use of the private road easement for access and
utilities shall be granted to the City of San Juan
Capistrano.
12. Prior to approval of a final map for recordation,
improvement plans shall be prepared showing the
precise alignment for the proposed access road in
the easement and its intersection with Ortega
Highway. Adequate provisions shall be made for
safe ingress and egress from the entry at Ortega
Highway. These improvement plans shall be reviewed
by the Environmental Review Board. Applicant
shall provide an appropriate entry treatment at
the point of intersection of the subject access
road with Ortega Highway. The treatment shall
include specific measures (e.g., walls, landscaping)
to insure adequate mitigation of traffic impacts
connected with the subject road for adjoining
property. The entry shall be approved by the
Planning Commission in conjunction with the composite
development plans and prior to the recordation of
the final map. All other access points to Ortega
Highway shall be closed to vehicular traffic.
13. All existing easements shall be shown on the final
map.
14. An encroachment permit shall be obtained from
Caltrans prior to any construction on Ortega
Highway.
15. Sewer services 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 regulatins for sanitary sewer services as
administered by the Director of Public Works.
16. Any necessary utility easement shall be dedicated
to the City in accordance with the Land Use
Management Code.
17. Any drainage easement shall be a minimum of twenty
feet in width.
18. Approval of Division of Land 78-2 shall be considered
null and void if Zone Variance 78-14 is denied.
19. Applicants shall provide for appropriate landscaping
(e.g., trees, ground cover, fences/walls, etc.)
adjacent to Ortega Highway for a minimum 20 -foot
wide area. The landscape plan shall be approved
by the Planning Commission in conjunction with
composite development plans and prior to the approval
of a final map. Any alteration to the approved
plan shall require approval by the Planning
Commission.
20. Composite development plans, including building
elevations, accessory structures (e.g., tennis
courts), landscaping on cut and fill slopes, entry
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treatment, and landscaping adjacent to Ortega
Highway, shall be reviewed and approved by the
Planning Commission prior to the recordation of a
final map. Particular emphasis shall be placed on
conformance with the Community Design and Scenic
Highway Elements of the General Plan. Applicants
shall insure that the landscape plant palette
creates a natural continuation of existing
vegetation. Working drawings shall be reviewed
and approved by the Architectural Board of Review
to insure compliance with plans approved by the
Planning Commission. Portions of this condition
requiring review by the Planning Commission of
building elevations and certain accessory structures
on the subject lots shall not apply should lots
and residences be developed individually and
separately.
21. All wall and landscape plans specified in these
conditions shall be implemented to the satisfaction
of the Director of Community Planning and Development
prior to the issuance of any certificate of
residential use and occupancy.
22. 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.
23. Street names shall be approved by the Director of
Community Planning and Development prior to approval
of a final map.
24. All required front setbacks shall be measured from
the edge of private road easements.
25. A plan for the interim maintenance of all existing
mature trees shall be prepared. Subject plan
shall provide for the preservation of said trees
until such time as a landscape plan is prepared
which specifies their ultimate disposition.
Implementation of the subject plan shall be to the
satisfaction of the Director of Community Planning
and Development. All tree removals shall be
conducted pursuant to requirements of Ordinance
No. 293.
PASSED, APPROVED AND ADOPTED this 4th day of
nnr_nher 1 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
KENNETH E. RIESS,/MAYOR
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CITY CLEYF
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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. 78-10-4-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
October 1 1978 .
(SEAL) ! C --
MARY ANN / VER, CITY CLERK
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. 76-12-15-10 and on the 6th day of October , 1978,
she caused to be posted:
RESOLUTION NO. 78-10-4-1
being: TENTATIVE PARCEL MAP, DIVISION
OF LAND 78-2 (GLEN COVE ASSOCIATES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A TENTATIVE PARCEL MAP FOR DIVISION OF LAND
78-2, A PROPOSAL TO CREATE THREE PARCELS FROM
ONE 7.7+ ACRE PARCEL - ONE 2.1+ ACRE PARCEL,
ONE 2.3+ ACRE PARCEL, AND ONE 2.5+ ACRE
PARCEL WITH THE BALANCE OF THE PROPERTY
CONVEYED TO THE CITY FOR ROAD PURPOSES
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
cxrcK LIST 7F 10 _5/_/
ORD. NO ..... - RES. NO ............
.........-.' Mayor has signed
..........,/Clerk has signed
.._ L . City Seal stamped
__. All blanks typed in �_
"Absent" ..........---......-.. _._........----._..---
"Noes" _----------------
-......`... Typed in Official Record Book
-------- Posted to Classified Cards
............. Copies sent [o..,�Lv._.K........��f3/.....
c !? i1..........._..
---- ------
-._._..... Legal Publication ordered to be published
(date) .--.._ ............................. ........................
No. Affidavits ...-- --- --- ----- -------
..... ...
No. Printed copies required .. .._ ._..-----
Remarks... .......... ------------------------------ —.9/ -------------- ---
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MARY ANN HANOVER, ity erk
San Juan Capistrano, California