Resolution Number 79-1-17-2125
RESOLUTION NO. 79-1-17-2
DIVISION OF LAND 78-5 (FEDERATED DEPARTMENT STORES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING DIVISION OF LAND 78-5, THE SUBDIVISION
OF 3.9 + ACRES INTO THREE (3) PARCELS IN
ASSOCIATION WITH A.C. 78-8
WHEREAS, the applicant, Federated Department Stores,
c/o S.G.P.A. Planning & Architecture, 440 Upas Street, San Diego,
California, has submitted an application for the subdivision of
3.9 + acres into three (3) parcels in association with A.C. 78-8;
and,
WHEREAS, the City's Environmental Review Board has
reviewed the project and has determined that the overall project
submittal may have a significant impact on the environment and
has caused a focus Environmental Impact Report, and has otherwise
carried out all applicable requirements of the California
Environmental Quality Act; and,
WHEREAS, the Planning Commission reviewed the application
at the regular meetings of December 12, 1978, and January 9, 1979,
and has submitted a report recommending approval subject to
conditions; and,
WHEREAS, a public hearing has been duly advertised and
held to review and receive public testimony on the application.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
following findings:
1. The Application is consistent with the 3.1 General
Commercial designation of the Composite Land Use
Map and all other applicable goals, policies, and
objectives of the General Plan.
2. The design and improvements associated with the
subdivision is consistent with applicable general
and specific plans.
3. That the site is physically suitable for the type
of development proposed under A.C. 78-8.
4. That the design of the subdivision or proposed
improvements will not cause substantial environmental
damage.
5. That the design of the subdivision will not cause
an adverse impact upon the public health, safety,
and welfare.
6. That the design of the subdivision or the type of
improvements will not conflict with easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
7. That the design or improvements of the proposed
subdivision does not interfere with the maintenance
or preservation of an historical site.
The City Council does hereby approve Division of Land
78-5, subject to the following conditions:
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126
1. Conditions, Covenants and Restrictions shall be
required which establish a legal mechanism for the
landscape maintenance and joint parking arrangement
for the project as a whole. Said CC&R's shall be
approved by the City Attorney and Director of
Community Planning and Development prior to approval
of a final map.
2. The applicant shall dedicate the necessary
right-of-way on Del Obispo Street for the construction
of a deceleration lane at the southerly access for
A.C. 78-8.
3. The applicant shall construct a sidewalk along the
entire frontage of Del Obispo Street. Said design
and location to be approved by the Director of
Community Planning and Development and City Engineer.
4. The applicant shall relocate any street light
conflicting with any planned driveway approaches.
5. The applicant shall dedicate access rights on
Del Obispo Street except at driveway access points
referenced in A.C. 78-8.
6. The applicant and property owner of the parcel of
land located on the southwesterly boundary of
subject parcel, shall enter into an agreement for
the future use of a common access driveway between
said parcels. This agreement shall be entered
into and recorded concurrently with the final
parcel map.
7. Water transmission and distribution facilities
shall be designed, constructed and dedicated
according to Section 4.1.9 of Ordinance No. 293.
8. Sanitary sewers shall be designed, constructed and
dedicated according to Section 4.1.11 of Ordinance
No. 293.
9. All applicable fees shall be paid prior to approval
of a final map.
10. The property owner shall enter into an agreement
with the City that if building permits are not
issued within twelve (12) months of this approval
for the future development of the property for
A.C. 78-8, the property owner shall process a
revision to acreage for Division of Land 78-5 into
its original configuration.
PASSED, APPROVED AND ADOPTED this 17th day of
January . 1979 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: Councilman Thorpe
ABSENT: None
KENNETH E. FRIESS, MAYOR
ATTEST:
CITY CLE �-
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.12'7
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 CERTIFYthat he foregoing is a
true and correct copy of Resolution No. 49 Nt �-Z , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
January , 1979.
(SEAL)
MARY ANN OVER, 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 19th day of January 1979
she caused to be posted:
RESOLUTION NO. 79-1-17-2
being: DIVISION OF LAND 78-5 (FEDERATED DEPARTMENT STORES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING DIVISION OF LAND 78-5, THE SUBDIVISION
OF 3.9 + ACRES INTO THREE (3) PARCELS IN
ASSOCIATION WITH A.C. 78-8
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.
CHECK LIST
ORD. NO .... .._.... RE.. NO..
....... Mayor has signed
...... Clerk has signed
.._ `.. City Seal stamped
_....✓.__. All blanks typed in
"Absent"
Noes"-.........%..—v�'�r-------------
..._......- Typed in Official Record Book
-------------- Posted to Classified Cards
............. Copies sent
.............. Legal Publication ordered to be published
(date) .................................. ..........................
No. Affidavits------------------------------------------_------
No. Printed copies required .__'%..-.. _........ -.
Remarks .... /-Z fS.. t7e4FC far..---
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San Juan Capistrano, California