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Resolution Number 79-5-16-3335 RESOLUTION NO. 79-5-16-3 TENTATIVE PARCEL MAP 857 (KING -CANTOR) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 857, A PROPOSAL TO SUBDIVIDE 10.19+ ACRES OF LAND INTO FIVE LOTS WHEREAS, the City's Environmental Review Board has reviewed the subject tentative parcel map, has determined that the project will have a significant impact on the environment, has required the preparation of an environmental impact report for the overall planned community project (Ortega PC), 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 tentative parcel map, has forwarded the 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. That the proposed map is consistent with 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 density 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 subdivision. 8. That the design or improvements of the proposed subdivision does not interfere with the maintenance or preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Capistrano does hereby approve Tentative Parcel Map 857, subject to the following conditions: 1. The applicant shall submit composite development plans in accordance with Section 2.3.6, Ordinance No. 293. Said plans shall be approved by the Planning Commission prior to approval of a final parcel map for recordation. -1- 336 2. The applicant shall enter into an agreement with the City that if Assessment District 78-3 is not implemented, all necessary public improvements shall be dedicated and improved in accordance with plans and specifications for said assessment district. 3. The applicant shall pay all applicable development fees. 4. The applicant shall submit CC&R's which provide for the landscape maintenance of all landscaping provided within the public right-of-way for Parcel Map 857. Said CC&R's shall require each individual parcel owner to maintain the landscaping adjacent to subject parcels. The maintenance responsibility shall be incurred upon installation of the landscaping for Assessment District 78-3. This obligation shall be in effect even though development may not have occurred on the abutting parcel. Said CC&R's shall be approved as to form and content by the Director of Public Works and the City Attorney, and reviewed and approved by the City Council prior to recordation of a final parcel map. PASSED, APPROVED AND ADOPTED this 16th day of May 1 1979, by the following vote, to wit: AYES: Councilmen Hausdor£er, Schwartze and Buchheim NOES: Councilman Thorpe and Mayor Friess ABSENT: None ATTEST: KENNETH E. FRIESS, MAYOR 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. 79-5-16-3 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 16th day of May 1 1979 . (SEAL) MARY ANN ER, CITY CLERK -2- 337 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes 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 25th day of May 1979 , she caused to be posted: RESOLUTION NO. 79-5-16-3 being: TENTATIVE PARCEL MAP 857 (KING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 857, A PROPOSAL TO SUBDIVIDE 10.19+ ACRES OF LAND INTO FIVE LOTS 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 77�?-4 _ /G -,3 ORD. NO .......... _ RES. NO..-------- .......... Mayor has signed ........... Clerk has signed ......L-' City Seal stamped ✓... All blanks typed in "Absent" _ "Noes" -%:fir'--- .. ............. Typed in Official Record Book ..... ..------ Posted to Classifiqd Cards ............. Copies sent [o. .' ` L� -D .... �-----....--.. j---- .............. Legal Publication ordered to be published (date) ------------- ---------- -................................... No. Affidavits ... ....................... ....................... No. Printed copies required .----------- _-.......... Remarks ....3-21-1i52,,cte: .---..�S/�s .-/ ✓-Q:fh. S:Sr...../..':�... %C `._1.x/�..5......... ............J ................................ -3- �T C-- MARY AN OVER, Ci y Cle k V San Jinn Capistrano, California