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Resolution Number 79-6-6-1345 RESOLUTION NO. 79-6-6-1 TENTATIVE PARCEL MAP 856 (ORTEGA PROPERTIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO SUBDIVIDE 69+ ACRES OF LAND INTO 38 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 856, subject to the following conditions: 1. Lots Nos. 3 through 7; and Lots Nos. 19 through 38 (except for Lot No. 31), shall be approved for development under single development applications for each group of parcels. All buildings included within said single development application shall be constructed simultaneously. -1- 2. Conditions, Covenants and Restrictions shall be required which include the following minimal requirements: a. Development phasing program (Condition No. 1 above); b. Maintenance and use of common facilities; and, _ C. Maintenance of landscape areas both in the parcel and abutting public right-of-way as defined by Assessment District No. 78-3. Said CC&R's shall be approved by the City Council and simultaneously recorded with the final parcel map. 3. Lot No. H shall be dedicated to the City of San Juan Capistrano without further consideration. 4. Lot No. G shall be irrevocably offered,to the City of San Juan Capistrano for park purposes. 5. Parcels 1 and 2 shall not be considered legal building sites until applicable area plans have been approved per Comprehensive Development Plan 78-1 of the Ortega Planned Community. 6. The applicant shall enter into an agreement with the City that if Assessment District No. 78-3 is not implemented, all necessary public improvements shall be dedicated and improved in accordance with plans and specifications prepared for said Assessment District. 7. The applicant shall be required to pay all applicable development fees. 8. The applicant shall dedicate and improve the General Plan equestrian and bike trails within Lots Nos. G and 31. 9. Lot No. F will be used for public parking to serve uses located in Lots Nos. 19 through 38, and Lot No. G. The applicant shall enter into a joint parking agreement with the City to ensure said use. 10. The existing Ganado Road right-of-way shall be abandoned to the applicant. As a condition on the abandonment the applicant shall enter into an agreement with the City to provide temporary right of entry over the existing right-of-way until the improvements for Assessment District No. 78-3 are completed. 11. Reimbursement shall be made in accordance with Reimbursement Agreement No. 224 for previous improvements for Ortega Highway. -2- 12. Composite development plans submitted for Lots Nos. 19 through 38 (except Lot No. 31) shall include landscape and irrigation plans for Lot No. G. PASSED, APPROVED AND ADOPTED this 6th day of June 1 1979, by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None ATTEST: KENNETH E. FR ESS, 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. 79-6-6-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day of June 1 1979 . -3- 3 1 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 8th day of June r 1979 she caused to be posted: RESOLUTION NO. 79-6-6-1 being: TENTATIVE PARCEL MAP 856 (ORTEGA PROPERTIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 856, A PROPOSAL TO SUBDIVIDE 69+ ACRES OF LAND INTO 38 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 %% -6 _ /o _/ ORD. NO... _._. RES. N'O.._..._... ......_!'�Nlavor has signed ..........y. Clerk has signed .......:�: Cih Seal stamped .......... All blanks typed in "Absent .. ......... ..... _ ... _ _ ....... .Noes............'C>'..................................... _..._-Typed in Official Record Book ...__...... Posted to Classified Cards ............. Copies sent to. -/..2!£f' -C.3 -- ----------- .. ...... ...... ....... ------------- Legal Publication ordered to be published (date) ............ .-------- ....................................... . No. Affidavits ... ........................ .... No. Printed copies required-------—._�......_.. Rrmarks . /__lle ...fir..✓¢2n:u -kj jaxnutaar. ��. -4- MARY VW HANOVER,'Cit Cle c San Juan Capistrano, California