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Resolution Number 78-2-15-1169 RESOLUTION NO. 78-2-15-1 TENTATIVE PARCEL MAP, DIVISION OF LAND 77-9 (DUNN) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR DIVISION OF LAND ' 77-9, A PROPOSAL TO CREATE THREE PARCELS FROM ONE 2.19 ACRE PARCEL - TWO 1+ ACRE PARCELS AND ONE 0.1+ ACRE PARCEL, NOT A BUILDABLE SITE, TO BE CONVEYED TO AN ADJACENT PROPERTY OWNER WHEREAS, the City's Environmental Review Board has reviewed the subject tentative parcel map, has determined that the proposed project will not have a significant adverse impact on the environment, has granted a negative declaration, 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 subject tentative parcel map, has forwarded 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. The City's Environmental Review Board reviewed -1- Division of Land 76-8 and granted a Negative Declaration, which serves for this application since it encompassed the subject project. 2. A public hearing has been held to review and receive public testimony on the application. 3. The proposed tentative parcel map and subsequent division of land are consistent with the Very Low Density Residential designation of the General Plan and is otherwise consistent with all other elements of the General Plan. 4. The proposed project, as conditioned, conforms to all requirements of the City's Land Use Management Code and is consistent with the requirements of the 130EL (Large Estate) District, Rezone 77-8. 5. The subject site is physically suitable for the type and density of the proposed project. 6. 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. 7. The design and 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 Tentative Parcel Map, Division of Land 77-9, subject to the following conditions: -1- 1'70 1. Prior to any tree removal actions, the applicant or record owner shall comply with Section 2.3.9 of the Land Use Management Code governing tree removal. 2. Equestrian trail improvements and trail fencing shall be made in conformance to requirements of the Equestrian Commission. 3. Prior to the recordation of the final map, the applicant shall execute an agreement of conveyance and acceptance for Parcel A with the adjacent property owner, said agreement to be attested and filed by the City Clerk of the City of San Juan Capistrano. A note shall be entered on the final map which reads as follows: "Parcel A is not a separate building site and is to be conveyed to and made a part of the adjacent parcel (not a part of this map)." In the event that an agreement of conveyance is not executed for Parcel A, it shall revert to and be considered a part of Parcel 2 of this map. 4. No antenna shall be installed on or above the roof of any structure to be located within the proposed project. Necessary deed restrictions shall be recorded with the final map to contain this restriction and any others applicable to the project. 5. Water system facilities and service shall be provided by the Orange County Waterworks District No. 4 and be approved by the district. 6. Underground installation of all utilities shall be provided. 7. All fees shall be paid prior to recordation of the final map. 8. All easements, existing and required by reviewing agencies, shall be shown on the final map. PASSED APPROVED AND ADOPTED this 15th day of February 1978 , by the following vote, to wit: AYES: Councilmen McDowell, Friess, Nash and Mayor Heckscher NOES: None ABSENT: Councilman Sweeney ATTEST: ITY CLE C . klBuybuhEx, -2- 171 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. 78-2-15-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 15th day of February 1 1978 . (SEAL) MARY ANNNOVER, 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 17th day of February 1978, she caused to be posted: ' RESOLUTION NO. 78-2-15-1 being: TENTATIVE PARCEL MAP, DIVISION OF LAND 77-9 (DUNN) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE PARCEL MAP FOR DIVISION OF LAND 77-9, A PROPOSAL TO CREATE THREE PARCELS FROM ONE 2.19 ACRE PARCEL - TWO 1+ ACRE PARCELS AND ONE 0.1+ ACRE PARCEL, NOT A BUILDABLE SITE, TO BE CONVEYED TO AN ADJACENT PROPERTY OWNER 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 ANWHANOVER, Cit C1 k San Juan Capistrano, California -3-