Resolution Number 78-1-4-4123
RESOLUTION NO. 78-1-4-4
RESIDENTIAL CONCEPT PLAN GROWTH
MANAGEMENT 77-5 MISBIN)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-5 (MISBIN)
WHEREAS, the applicant, Morris Misbin, 33901 Calle
Borrego, San Juan Capistrano, California, has submitted Residential
Concept Plan 77-5, proposing future subdivision of approximately
96 acres of land into 103 residential lots and 6 hillside, 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
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
54 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 designation 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 and hillside grading
variances) and is consistent with the requirements
of the RS (Single Family), OS (Open Space
Preservation), and OR (Open Space Recreation)
Districts proposed per zone change Rezone 77-13.
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 77-5, subject to the
following conditions:
1. The project concept approval shall be null and
void if Rezone 77-13 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, and recreation
area plan.
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 variance.
6. Driveways shall be designed for Lots Nos. 1, 21,
22, and 23 to permit and facilitate forward vehicle
access to and from the streets serving said lots.
PASSED, APPROVED AND ADOPTED this 4th day of
January 1 1978 , by the following vote, to wit: _
AYES: Councilmen Sweeney, McDowell and Nash
NOES: Councilman Friess and Mayor Heckscher
ABSENT: None
ATTEST:
(�Z- Z .
CITY C
f
YVO. O. HECKSCHER, MAYOR
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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. 78-1-4-4 , 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) / �
MARY ANN$ VER,' 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 6th day of January 1978,
she caused to be posted:
RESOLUTION NO. 78-1-4-4
being: RESIDENTIAL CONCEPT PLAN GROWTH
MANAGEMENT 77-5 (MISBIN)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA
CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-5 (MISBIN)
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.
MARY ANN HANOVER, City Cle k
City of San Juan Capistrano
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