Resolution Number 78-1-4-2115
RESOLUTION NO. 78-1-4-2
RESIDENTIAL
77-A InAnM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-4 (DAON
DEVELOPMENT CORPORATION)
WHEREAS, the applicant, Daon Development Corporation,
1400 Quail Street, Newport Beach, California, has submitted
Residential Concept Plan Growth Management 77-4, proposing future
subdivision of approximately 199 acres of land into 140 residential
lots and 5 open space and recreation lots; and,
WHEREAS, the City's Environmental Review Board has
determined that the project will have a significant impact on the
environment, has required the preparation of an environmental
impact report, and has carried out all requirements of the
California Environmental Quality Act; and,
WHEREAS, the City's Traffic and Transportation Commission,
Equestrian Commission, and Parks and Recreation Commission have
reviewed the concept plan; and,
WHEREAS, the City's Planning Commission, after holding
a public hearing and reviewing testimony on the concept plan, has
forwarded it to the City Council recommending approval; and,
WHEREAS, a public hearing has been duly advertised and
held to receive public testimony on the residential concept plan
and on the adequacy of the environmental impact report; and,
WHEREAS, the City Council hereby confirms a rating of
55 points for the project per the Ordinance No. 314 (Growth
Management) Project Rating Scale; and,
follows:
WHEREAS, the City Council finds and determines as
1. The proposed concept plan and its design and
improvements are consistent with the 1.1 Very Low
Density, 1.2 Low Density, and 2.0 General Open
Space designations on the General Plan Composite
Land Use Map and is otherwise consistent with all
other Elements of the General Plan.
2. The proposed concept plan conforms to all requirements
of the City's Land Use Management Code (subject to
lot frontage variances) and is consistent with the
requirements of the RS (Single Family), ES (Small
Estate), EL (Large Estate), RA (Small Farm), OS
(Open Space Preservation), and OR (Open Space
Recreation) Districts proposed per zone change
Rezone 77-11.
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.
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5. The design and improvements of the proposed project
will not cause serious public health problems.
6. The design or 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.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve the
residential concept plan Growth Management 77-4, subject to the
following conditions:
1. The project concept approval shall be null and
void if Rezone 77-11 is denied by the City Council.
2. Pursuant to Ordinance No. 314, concept approval
does not constitute final approval of the project.
In order for the project to proceed, requirements
of Ordinance No. 314 and other applicable regulations
pertaining to residential projects must be satisfied.
3. If the project gains dwelling unit allocations
under Ordinance No. 314, the processing of a
subdivision map shall be required. Approval of
the residential concept plan shall not be construed
to waive any requirements of Section 2.3.5
(subdivision of land) of Ordinance No. 293 or
other applicable sections of said Ordinance; nor
shall said concept approval in any way abrogate
the City's authority to impose conditions on a
tentative map or other development plan.
4. If the project proceeds to the subdivision map
stage, development plans shall be approved by the
City prior to approval of a final tract map. Said
development plans shall include preliminary grading
plan, site plan, landscape plan, recreation area
plan, and building elevations.
5. Variances shall be required for any tentative map
incorporating lot frontages below the Ordinance
No. 293 minimum or for other discrepancies from
the Ordinance No. 293 zoning requirements. If any
such variance is denied for the subject project,
it shall be necessary for the plan to be amended
to eliminate the need for such variances.
6. Prior to approval of any tentative map, some
method shall be developed to provide additional
access to the long cul-de-sac, Street "B". The _
City shall retain the right to approve the method
and design of such additional access prior to
approval of a tentative map.
7. If subsequent environmental, traffic, soils,
geologic, or drainage investigations indicate to
the City that grading of and/or building on Lots
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Nos. 137, 138, 139, and 140 would result in:
(1) an unsafe condition or (2) significant
adverse environmental effect to ensure safe
development, the City may require revisions
to the design of the project to insure
conformance with the General Plan and
Ordinance No. 293.
8. Emergency access links from: (1) the end of
Street "I" to Street "L"; (2) theendof
Street "B" across Trabuco Creek; and (3)
Street "B" to Street "G" shall be provided.
The precise design of said links shall be
determined during tentative map and development
plan review.
9. Driveways shall be designed and constructed
to serve Lots Nos. 135, 136, 137, 138, 139,
and 140 which provide for and facilitate
forward vehicle access to and from Street "A".
No other lot shall have direct access to Street
"A"
PASSED, APPROVED AND ADOPTED this 4th day of
January , 1978, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None /
YVON O. HECKSCHER, MAYOR
ATTEST:
TY CLERK
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. 78-1-4-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of
January . 1978
(SEAL) ' -/12
mayy�—
�MARY ANN ANOVER, 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. 76-12-15-10 and on the 12th day of January 1978,
she caused to be posted:
RESOLUTION NO. 78-1-4-2
being: RESIDENTIAL CONCEPT PLAN GROWTH MANAGEMENT
77-4 (DAON DEVELOPMENT CORPORATION)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-4 (DAON
DEVELOPMENT CORPORATION)
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 -7f -l- 4 Y
ORD. NO.... - . RES. NO .......
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...... ..".. Mayor has signed
...._.. Clerk has signed
............. City Seal stamped
...... - All blanks typed in
"Absent.. ............ .._......................
.Noes.. ................!?-Vk'F-. ---- .......------- .-----
............. Typed in Official Record Book
___...._- Posted to Classified Ca, rd�ss
----........ Copies sent to.,_PjZ1Z. /; �a-.' J ...........
........_._- Legal Publication ordered to be published
(date) _ -------- Yf-,.Y....---- ...__----- .........___-
No. Affidavits ......----------------- --------- ------------
No. Printed copies required ._----------------- — _
Remarks ----- .--..
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MARY ANN/HANOVER, City Clerk
San JuaF Capistrano, California