Resolution Number 78-7-5-2313
RESOLUTION NO. 78-7-5-2
TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLAS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLAS)
WHEREAS, the applicant, Black Mountain Villas, 2643
Fourth Avenue, San Diego, California, has submitted Tentative
Tract 9786, a proposal to subdivide 77.3+ acres into 70 lots, 69
residential and 1 open space recreational; and,
WHEREAS, the City's Environmental Review Board has
reviewed the subject project, has determined that it would have a
significant impact on the environment, has reviewed and determined
that a previous environmental impact report adequately describes
the effects of the project, and that the report has been certified
as final by the City Council, 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 scheduled public hearing on the tentative tract, has forwarded
it to the City Council with a recommendation of approval; and,
WHEREAS, a public hearing has been duly advertised and
held by the City Council to receive public testimony on the
tentative tract; and,
follows:
WHEREAS, the City Council finds and determines as
1. The proposed tentative tract map and its design
and improvements are consistent with the 1.1, 1.2
and 2.0 designations of the General Plan and is
otherwise consistent with all other elements of
the General Plan.
2. The proposed tentative tract map, as conditioned,
conforms to all requirements of the City's Land
Use Management Code, and is consistent with the
requirements of the RS (Single Family Residential),
OS (Open Space), ES (Small Estate) and OR (Open
Space Recreation) Districts.
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 conflict with easements, acquired by the
public at large, for access through or use of
property within the proposed project.
6. The design and improvements of the proposed project
will not cause serious public health problems.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby approve Tentative Tract 9786, subject to the following
conditions:
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1. The provisions of Ordinance No. 294 (Home Warranty
Ordinance) shall apply to any person, firm or
corporation selling or offering for sale within
the tract three or more dwelling units -- not
previously occupied for residential purposes --
during any twelve-month period.
2. A set of conditions, covenants and restrictions
(CC&R's) shall be prepared and implemented for the
project. The CC&Rs shall include at a minimum:
(1) provisions on the use and maintenance of
common areas; and
(2) the prohibition of radio or television antennas
projecting above any roof eaves (pursuant to
Section 3.6.9, Ordinance No. 293). Said
CC&R's shall be approved by the City Attorney
prior to approval of a final map.
3. Park land requirements shall be met in accordance
with Article 4.3, Ordinance No. 293, and the
applicable City Council development fee resolution
in effect at the time the final map is considered
by the Council.
Applicable development and other fees not
specifically referenced in these conditions of
approval shall be paid in accordance with appropriate
ordinances and City Council resolutions.
5. Development rights for open space Lot No. A shall
be dedicated to the City. Relocation of the
Echenique bunkhouse to Lot No. A by the applicant
shall be accomplished in accordance with the
condition of the Residential Concept Plan.
Developer shall prepare a precise alignment for
San Juan Creek Road from tract boundary to City
limits. Precise alignment shall make every
effort to protect trees and minimize grading.
Ultimate improvements shall be required on the
south side of San Juan Creek Road. Special
standards and sections shall be considered and
reviewed to reduce grading and other environmental
impacts. Lots fronting on San Juan Creek Road
might be modified to accommodate precise road
alignment. Standards and alignment shall be
approved by the City Engineer prior to approval of
the Final Map.
a. Developer shall not protest formation of an
assessment district for San Juan Creek Road.
b. Assessment district may include sewer as well
as street improvements.
If the assessment district referenced by Condition
No. 6 is not formed prior to the approval of the
final map, the developer shall dedicate and improve
San Juan Creek Road in accordance with requirements
of the precise alignment and City Engineer. The
acquisition of off-site right-of-way, if necessary,
for this public improvement shall be the
responsibility of the developer.
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8. Final grading plans shall be prepared in substantial
conformity with the preliminary grading plan.
9. Building plans and elevations for residential
units shall be approved by the Planning Commission
prior to approval of a final map.
10. Composite development plans shall be approved by
the Planning Commission prior to approval of a
final map. Said development plans shall include
grading plans, site plan, landscape and street
tree plans, and recreation area plans.
11. Slope landscaping and recreation facilities
designated on the approved landscape and development
plans shall be installed by the developer in a
manner which meets the approval of the City prior
to final inspection of any residential dwelling
unit. Street trees, parkway landscaping, and the
San Juan Creek Road bikeway shall be completed by
the developer and approved by the City prior to
final inspection of any residential dwelling unit
for occupancy. A cash deposit to ensure installation
of street trees, parkway landscaping, and the
bikeway may be required by the City prior to the
issuance of any residential building permit.
12. Street names shall be approved by the Director of
Community Planning and Development prior to approval
of the final map.
13. Vehicular access rights shall be released and
relinquished to the City on all secondary and
commuter streets except at street intersections.
14. The developer shall construct and dedicate to the
City, without further consideration, the following
streets with right-of-way as indicated:
a. San Juan Creek Road shall be fully engineered
and improved to a right-of-way in accordance
with Conditions Nos. 6, 7 and 19.
b. Street A shall be a fully -improved street (56
feet) with sidewalks on both sides.
C. Streets B through H shall be fully improved
(56 feet) with sidewalks on both sides.
Design, construction and dedication of the above
streets shall be in accordance with Section 4.1.3
of Ordinance No. 293.
15. Street lights and traffic signals shall be in
accordance with Section 4.1.8 of the Land Use
Management Code.
16. Future structures on Lot 38 shall maintain the
required front yard setback as determined from
the proposed "temporary" cul-de-sac (Street F).
17. The final grading plan shall provide for adequate
protection of residential lots bordering the
subject property to the west (San Juan Terrace)
during all phases of grading.
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18. The final grading plan shall ensure protection of
the existing trees designated for preservation on
the tentative map.
19. The precise alignment of San Juan Creek Road shall
preserve the existing stand of eucalyptus trees
to the north of the tract.
20. Utility undergrounding shall be done in accordance
with Section 4.1.7 of the Land Use Management Code
and with the existing City policy regarding utility
undergrounding.
21. Water transmission and distribution facilities
shall be designed, constructed and dedicated in _
accordance with Section 4.1.9 of the Land Use
Management Code.
22. The water distribution system and related
appurtenances shall be approved by the County Fire
Marshal.
23. Sanitary sewers shall be designed, constructed and
dedicated in accordance with Section 4.1.11 of the
Land Use Management Code.
24. All applicable fees shall be paid prior to the
approval of the final map.
25. Drainage facilities shall be constructed and
dedicated and drainage fees paid in accordance
with Section 4.1.10 of the Land Use Management
Code.
26. All-weather access shall be provided by the
developer to provide emergency access through the
tract, in a manner which is consistent with the
requirements of the approved Residential Concept
Plan (Growth Management 77-3).
PASSED, APPROVED AND ADOPTED this 5th day of
July 1 1978 , by the following vote, to wit:
AYES: Councilmen Hausdorfer, Schwartze, Thorpe,
Buchheim and Mayor Friess
NOES: None
ABSENT: None
ATTEST:
CITY CLERK/
v'
KENNETH E. FRIESS, MAYOR
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
ss.
31'7
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. 78-7-5-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
July r 1978
( SEAL ) t__
MARY ANNA ANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
and says:
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
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 7th day of July 1978,
she caused to be posted:
RESOLUTION NO. 78-7-5-2
being: TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLAS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 9786 (BLACK MOUNTAIN VILLAS)
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 7&_ 2 -
ORD.
ORD. NO........... RES. NO..---__._
.......... Mayor has signed
.___ Clerk has signed
..-_✓... City Seal stamped
...... _. All blanks typed in
"Absent" {}
"Noes" ........................ ...........................
_------_-- Typed in Official Record Book
.............. Posted to Classified Cards
............. Copies sent to. t an�'..✓�;
.............. Legal Publication ordered to be published
(date) ..................... ............... ........................
No. Affidavits ------------------------- -------
No. Printed copies required ..........7.._ --------
_
Remarks ....
E,
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MARY OVER, C'ty Cl k
San Ju apistrano, Californi