Resolution Number 78-1-4-3119
RESOLUTION NO. 78-1-4-3
RESIDENTIAL
77-1 IrWADM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-3 (CHAPMAN-PATRICK)
WHEREAS, the applicant, Chapman Homes, P.O. Box 9054,
South Lake Tahoe, California, has submitted Residential Concept
Plan Growth Management 77-3, proposing future subdivision of
approximately 77 acres of land into 97 residential lots and 2
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
59 points for the project per the Ordinance No. 314 (Growth
Management) Project Rating Scale; and,
WHEREAS, the City Council finds and determines as
follows:
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 and is
consistent with the requirements of the RS (Single
Family), ES (Small Estate), OR (Open Space Recreation), an(
Districts proposed per zone change Rezone 77-12.
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.
5. The design and improvements of the proposed project
will not cause serious public health problems.
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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 77-3, subject to the
following conditions:
1. The project concept approval shall be null and
void if Rezone 77-12 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, all other
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. San Juan Creek Road:
A. The developer shall participate in an assessment
district to construct San Juan Creek Road
from its existing terminus to the northeasterly
City boundary. Said improvement district may
include the extension of the sanitary sewer
in San Juan Creek Road to the northeasterly
City boundary.
B. If said assessment district is not formed,
the developer shall dedicate and improve San
Juan Creek Road in accordance with requirements
determined in conjunction with the tentative
map review. The acquisition of necessary
off-site right-of-way shall be the responsibility
of the developer.
6. If subsequent soils or geologic test data concludes
that development on that portion of the site
designated as Open Space on the General Plan
Composite Land Use Map would be unsafe or would
require massive re -grading to permit safe development,
the City may require revision to the design of the
project to insure conformance with the General
Plan and Ordinance No. 293 Hillside Management District
regulations.
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7. The local street connection extension of Via
Andorra into the project shall be deleted. A
pedestrian/emergency access way shall be
substituted for said street. In addition, a
similar pedestrian/emergency access way shall be
provided between Street "J" and Paseo Establo in
Tract 9373. Said access ways shall also provide
for emergency vehicular access by means of "breakway"
barrier or other design to be approved by the
City.
PASSED, APPROVED AND ADOPTED this d+h day of
January , 1978, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
YV O. HECKSCHER, MAYOR
ATTEST:
CITY 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. 78-1-4-3 , 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 1 1978 .
(SEAL)
MARY ANN OVER, 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 6th day of January 1978,
she caused to be posted:
RESOLUTION NO. 78-1-4-3
being: RESIDENTIAL CONCEPT PLAN GROWTH MANAGEMENT
77-3 (CHAPMAN-PATRICK)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-3 (CHAPMAN-PATRICK)
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 ,F_ _ �'_3
ORD. NO_ .... RES. NO.- -
-.... .. Mayor has signed
......s Clerk has signed
.... City Seal stamped
_.......... All blanks typed in
"Absent" ........._.....
"Noes" ... -......... ...------ .---
-------- ---- Typed in Official Record Book
......... Posted to Classified Cards
_........ Copies sent to...:..:_. --...v.. .- y
-'f?,. ...
- ..........
Legal Publication ordered to be pi,',l;shed
( date) ------
No. Affidavits ...._---------------
No. Printed copies required ...........:..
Remarks ....----
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Y ANN HANOVER� ty C rk
San Juan Capistrano, California