Resolution Number 77-2-2-6RESOLUTION NO. 77-2-2-6 8 17
TENTATIVE TRACT NO. 9284 (SMITH/KING)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 9284
(SMITH/KING)
WHEREAS, the applicant, Chuck King Homes, 26944 Camino
de Estrella, Suite B, Capistrano Beach, California, has submitted
Tentative Tract Map 9284, dated January 5, 1977, as revised, pro-
posing to subdivide approximately 17.5 acres into 22 residential
lots;
WHEREAS, the City's Environmental Review Board has
determined that the project may have a significant impact on
environment and has caused the preparation of an Environmental
Impact Report and has carried out all requirements of the
California Environmental Quality Act;
WHEREAS, a Public Hearing has been duly advertised and
held to receive public testimony on the tentative tract map;
WHEREAS, the City Council of the City of San Juan
Capistrano finds and determines as follows:
1. The proposed subdivision and its design and
improvements are consistent with the 1.1 Very
Low Density Residential, 1.2 Low Density Resi-
dential, 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 subdivision conforms to all require-
ments of the City's Land Use Management Code and
is consistent with the requirements of the RS
(Single Family) District requested per zone change
RZ 76-11.
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.
5. 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 Tentative Tract
Map 9284, subject to the following conditions:
1. Approval of Tentative Tract Map 9284 shall be con-
sidered null and void if zone change RZ 76-11 is denied by the
City Council.
2. The provisions of Ordinance No. 294 (the Home War-
ranty Ordinance) shall apply to any person, firm or corporation
selling or offering for sale three or more dwelling units not
previously occupied for residential purposes within the City dur-
ing any twelve-month period.
3. The applicant shall pay all applicable development
fees prior to approval of a final map prior to recordation (park
and recreation, drainage and agriculture preservation).
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4. Street names shall be approved by the Director of
Planning prior to approval of a final map for recordation,
5. The property owner shall dedicate to the City of
San Juan Capistrano for street and utility purposes without fur-
ther consideration, the necessary right-of-way for Streets "A"
and "B" to a minimum width of 56 feet. A knuckle curve as approved
by the City Engineer shall be constructed at the curve adjacent
to Lot 16. No paving shall be installed from this knuckle to the
easterly tract boundary.
6. Prior to recordation of a final map, construction
details for the 24 -foot wide easement for public safety purposes
shall be submitted to and approved by the Orange County Fire
Warden. Said easement shall be gated and locked so as to prevent
vehicular access other than emergency use.
7. All drainage easements shall be a minimum of twenty
(20) feet.
8. No antennas shall be installed on the roof, nor
otherwise extend above the roof eaves of any structure within the
tract. This provision shall be incorporated into CC&Rs for the
tract. The CC&Rs shall be approved by the Director of Planning
and City Attorney prior to approval of a final map.
9. The developer shall install street trees for all
public streets per the Street Tree Master Plan.
10. The Planning Commission shall approve composite
development, building elevations and grading plans prior to approval
of a final map. Lot 9 shall be reviewed with particular attention
given to grading of the proposed access road and pad.
11. Sewer service shall be by the City of San Juan
Capistrano. The developer shall be required to pay all fees and
comply with all regulations for sanitary sewer services as admin-
istered by the Director of Public Works.
12. Domestic water shall be supplied by Orange County
Water Works District No. 4 (OCWD #4).
a. All water rights shall be dedicated to OCWD #4.
b. All fire hydrants and/or pipeline easements
not located in public streets shall be dedicated to OCWD #4.
C. The source of water for the subject tract will
be from the existing 12" A.C.P. (line 7), located north-
easterly from the end of Camino Las Ramblas, and upstream
from the pressure reducing station. The developer shall
acquire and dedicate to the District all easements for
off-site pipelines and appurtenant work. The developer
shall pay all costs of, including but not limited to,
on-site/off-site construction, easements, insurance,
fees and charges as required by OCWD #4.
13. The water distribution system and appurtenances shall
be approved by the Orange County Fire Marshall.
14. All utility switch boxes and transformers shall be
installed in below grade facilities or an equivalent approved by
the Planning Commission.
15. All structures located on Lots 1-4 and 10-22 inclu-
sive shall not exceed a maximum building height of 20 feet with a
minimum rear yard setback of 35 feet.
16. The developer shall submit street improvement, land-
scape and maintenance agreements for that portion of Street "B"
located within the City of San Clemente to the City of San Clemente
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91
for approval. In addition, the developer shall receive approval
of the tentative tract map by the City Council of San Clemente
prior to approval of a final map by the City of San Juan Capistrano.
17. The developer shall be required to bond with the
City of San Clemente in an amount sufficient to cover the cost
of repairs to San Clemente streets for repair of said streets
which may be damaged by construction traffic associated with the
subject tract. The developer shall present proof of said bonding
to the City of San Juan Capistrano prior to issuance of grading
permits.
18. The developer shall install a boundary fence or
wall adjacent to the southerly boundary of the subject tract.
Said design shall be approved by the Director of Planning of San
Juan Capistrano prior to approval of a final map for recordation.
19. If the grading plan for this property is not in
agreement with the proposed grading illustrated on the approved
tentative tract map, specifically with regard to the slope heights
and slope ratios, it shall be reviewed and approved by the Planning
Commission prior to the issuance of any grading permit. Prior to
the issuance of a grading permit, the grading plan shall be
reviewed by the Assistant Director, EMA, Development Division to
insure compliance with approved plans.
20. That the developer provide bonding in an amount
approved by the City Manager and in such form as approved by the
City Attorney to insure against damage due to settlement or dis-
placement of adjacent buildings caused by the grading operation
on the subject tract.
BE IT FURTHER RESOLVED, that approval of Tentative Tract
Map 9284 shall be effective upon the date of final City Council
action and shall remain valid for a period of twelve months unless
extended in accordance with provisions of the Land Use Management
Code.
PASSED, APPROVED AND ADOPTED this 2nd day of February
1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess
NOES: Councilman Heckscher, and Mayor Nash
ABSENT: None
ATTEST:
-DOUGLAS B ASH, MAYOR
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CITY CLER
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. 77-2-2-6 adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 2nd day of February , 1977.
(SEAL)
MARY A"NOVER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
g. CR
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 3rd day of February ,
1977 , she caused to be posted:
being:
RESOLUTION NO. 77-2-2-6
TENTATIVE TRACT NO. 9284 (SMITH/KING)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING TENTATIVE TRACT MAP 9284
(SMITH/KING)
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 ANNf ER, City Clerk
San Juan apistrano, California
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