Resolution Number 77-6-1-1234
RESOLUTION NO. 77-6-1-1
TENTATIVE TRACT NO. 6381
(MISSION HILLS RANCH, INC.)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 6381 (MISSION HILLS RANCH,
INC.)
WHEREAS, the applicant, Mission Hills Ranch, Inc.,
500 Newport Center Drive, Newport Beach, California, has
submitted Tentative Tract Map 6381, as revised, proposing to
subdivide approximately 157 acres of land into 180 residential
lots and five open space and utility lots; and,
WHEREAS, the City's Environmental Review Board has
determined that the project may 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 Planning Commission, after holding
a public hearing and reviewing the subject tentative map, 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 tentative map and on
the adequacy of the environmental impact report; and,
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, 1.2 Low Density Residential, 2.0 General
Open Space, and 2.1 Open Space Recreation
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
requirements of the City's Land Use Management
Code and is consistent with the requirements
of the RS (Single Family), ES (Small Estate),
and OS (Open Space) Districts requested per
zone change Rezone 77-5.
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 6381, 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. The City shall, to the extent necessary, carry
out environmental review for the project in
accordance with the California Environmental
Quality Act and City guidelines.
3. A set of conditions, covenants, and restrictions
(CC&Rs) 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; (2) the prohibition
of radio or television antennas projecting above
any roof eaves (pursuant to Section 3.6.9,
Ordinance No. 293). Said CC&Rs shall be approved
by the City Attorney prior to approval of a
final map.
4. Parkland 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 scheduled
for City Council consideration.
5. 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.
6. Lot A shall be dedicated to Orange County Water
Works District No. 4 for reservoir purposes.
7. Development rights for the area indicated on the
tentative tract map along the westerly ridgeline
shall be dedicated to the City. The appropriate
open space zoning for said area shall be applied
by the City Council at such time as it deems
necessary.
8. Lots B, C, D, and E shall be held in common
ownership by a homeowners' association. The
conditions, covenants, and restrictions for the
project shall include provisions for use and
maintenance of said areas -- specifically
regarding floodplain protection and recreational
uses. _
9. Development plans for the project shall be reviewed
by the Planning Commission and approved by the City
Council prior to approval of a final tract map.
Such plans shall include preliminary grading plans,
tract plot plans (including walls, fences, and
buffers), equestrian trail plans, slope landscaping
plan, street tree plan, common area development
plans, and residential building elevations.
10. Prior to approval of a final map: (1) the precise
alignment and grading plans for the General Plan
equestrian trail and local feeder trails shall be
approved by the City Manager; (2) the City shall
be provided with an irrevocable offer to dedicate
the General Plan equestrian trail.
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11. Precise alignment and grading plans for Street A
and the emergency access road within the
subdivision boundaries shall be as indicated on
the approved tentative tract map, and mitigation
measures, by contouring and landscaping to soften
the effect of road grading, shall be approved by the
City Council prior to approval of a final map.
12. Walls, fences, or suitable buffers will be required
to protect residential lots from traffic and other
adverse conditions.
13. Street names shall be approved by the Director of
Planning prior to approval of a final map.
14. Archaeological artifact sites have been located
within the property and designated in both the
General Plan and the environmental impact report
prepared for a proposed General Plan Amendment. A
qualified archaeologist shall be present during
grading operations near these designated sites.
If, during grading, the archaeologist determines
that there is evidence of further artifactual
materials, grading operations shall be temporarily
halted to permit further investigation.
15. The property owner shall dedicate to the City,
without further consideration, the necessary
right-of-way for Horno Creek Road to a minimum
width of 84 feet.
a. Vehicle access rights along Horno Creek Road
shall be dedicated to the City except at
street intersections.
b. Street improvements shall be constructed to
include required street sections, concrete
sidewalk on one side contiguous to curb, bike
trail on one side contiguous to curb, street
lighting and underground utilities.
16. The property owner shall dedicate to the City,
without further consideration, the necessary
right-of-way within the subdivision and outside
of the subdivision, upon acquisition of the
right-of-way by the property owner, for Street A
to a minimum width of 60 feet.
a. Vehicular access rights along Street A shall
be dedicated to the City except at street
intersections.
b. Street improvements shall be constructed to
include two twelve -foot wide travel lanes with
eight -foot paved shoulder on either side and a
drainage device in the next five feet, both
sides. The remaining five feet shall have a
four -foot walkway (2" thick asphalt
concrete) on one side. There shall be no
equestrian trail within the right-of-way.
Street lighting and utility undergrounding
shall be required in accordance with City
standards.
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C. The vertical and horizontal alignment of
Street A shall be sufficient to accommodate
a design speed of 35 miles per hour.
d. All grading required for Street A shall be
within the street right-of-way or acquired
easements.
e. The landing at the "T" intersection shall have
a grade of no greater than 4% for a distance
of at least 100 feet.
17. Street A as shown on Sheet 2 of the proposed _
Tentative Tract Map shall be used for public
street access to the proposed subdivision, and the
extension of Mission Hills Drive between its
present terminus and Street B shall be used only
for emergency access as shown on Sheet 1 of the
proposed Tentative Tract Map, and the following
shall apply:
a. The property owner shall dedicate to the City,
without further consideration, the necessary
right-of-way for an emergency access street
to a minimum width of 20 feet and connecting
Street B to the present terminus of Mission
Hills Drive.
b. A cul-de-sac shall be dedicated and constructed
at the present terminus of Mission Hills Drive.
The design and improvements for said cul-de-sac
shall be to the satisfaction of the City
Engineer.
C. A means of limiting access to this street shall
be provided and approved by the City Engineer.
d. Drainage devices for the street shall be provided
to the satisfaction of the City Engineer.
e. Any utilities constructed in connection with this
street shall be undergrounded.
In the event the right-of-way for public street
purposes for Street A outside of the proposed
subdivision and substantially in accord with
the alignment as shown on Sheet 2 cannot be
acquired reasonably by the property owner within
three months from the date of approval of the
tentative map, and the City refuses to initiate
proceedings for and exercise its Power of Eminent _
Domain upon request by the property owner for
the acquisition of such public street
right-of-way, then the property owner, without
further consideration, shall dedicate to the
City the necessary right-of-way for public
street purposes for the extension of Mission
Hills Drive from its present terminus to Street
B along the general alignment of the emergency
access road shown on Sheet 1. Such dedication
shall be to a minimum width of 60 feet and
improvements shall be in accordance with
Conditions a, b, c, d, and e of Condition No. 16,
and such extension of Mission Hills Drive shall
replace Street A as shown on Sheet 1 as the
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public street access for the proposed development,
and Street A to a width of 20 feet and within
the limits of the proposed subdivision shall
be retained and set aside for secondary emergency
access.
In the event Mission Hills Drive replaces Street
A as set forth herein, the design of Lots 29
through 41 may be adjusted to compensate for
such change.
18. The property owner shall dedicate to the City,
without further consideration, the necessary
right-of-way for Streets B, C, D, E, F, G, I, and
J to a minimum width of 56 feet.
a. The paved section shall be determined by the
City Engineer.
b. The street width shall be 36 feet, curb to
curb.
C. Sidewalks shall be 4.5 feet wide, contiguous
to the curb on each side of the street, except
where sidewalks are deleted by action of the
City Council.
d. Fire hydrants and street lights shall be
located behind the sidewalks in accordance
with City standards.
e. Utilities shall be undergrounded.
19. The project shall conform to the Master Plan of
Drainage for the San Juan Capistrano -Capistrano
Beach Area.
a. The property is in the LO5 drainage fee
assessment area, and the drainage fee in effect
at the time of payment shall be required.
b. Master planned drainage facilities shall be
constructed on this property. The design,
hydrology and hydraulic calculations for the
drainage facilities shall be submitted to the
City Engineer for approval. The cost of such
drainage facilities shall be credited against
the drainage fee specified in "a" above.
C. Any required drainage easements shall be a
minimum of 20 feet in width and shall be
dedicated to the City as a utility easement.
d. All surface water drained from this property
shall be carried in drainage devices approved
by the City Engineer.
20. Domestic water shall be furnished by the Orange
County Waterworks District No. 4 (OCWD #4).
a. All water rights and any existing usable wells
shall be dedicated to OCWD #4. Any abandoned
wells shall be capped according to Orange
County Building and Safety Department standards.
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b. Any storage fees required by OCWD #4 shall be
paid.
C. All water distribution and transmission
facilities shall be in accordance with the
requirements of OCWD #4.
21. Sewer service shall be by the City of San Juan
Capistrano. The developer shall construct the
sanitary sewer system, pay all fees, and comply
with all regulations for sanitary sewer services as
administered by the City Engineer.
a. The City's sewer connection fee shall be
required -- the fee amount shall be that in
effect at time of payment.
b. The sanitary sewer in Horno Creek Road shall be
constructed to the north and south tract
boundary and plugged. Means shall be designed
(to the approval of the City Engineer) and
constructed to pump sewage from the Horno Creek
Road sanitary sewer to the existing facility in
Mission Hills Drive. Upon completion of
adjoining sanitary sewer facilities, the pump
stations shall be abandoned. Sewage shall then
be removed by gravity flow to Horno Creek.
C. Operating data and calculations of all pump
facilities shall be submitted to the City
Engineer.
d. Any required sanitary sewer easements shall be
dedicated to the City and shall be a minimum of
20 feet in width.
22. A bridge or culvert for drainage purposes shall be
constructed for Street B over Horno Creek. Design
and construction shall be approved by the City
Engineer.
23. An hydrology study and hydraulic calculations shall
be prepared indicating the limits of a 100 -year
storm in Horno Creek. Improvements consisting of
rip -rap or similar erosion control measures approved
by the City Engineer shall be required to prevent
erosion of the banks of Horno Creek within the
proposed subdivision.
24. The developer shall construct an equestrian underpass
and drainage facility under Horno Creek Road. _
25. Water distribution system and appurtenances shall
meet the approval of the County Fire Warden.
26. Soils and Stability:
a. A comprehensive soils engineering investigation
report showing evidence of a safe and stable
development shall be submitted with the grading
plans. The recommendation by the soils engineer
shall be incorporated into the grading plan
design prior to grading permit approval.
b. The soils engineer shall certify to the surficial
and gross stability of the site prior to
issuance of any building permits.
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C. Seismicity and the probability of seismic
effects upon the site and the proposed
development shall be included in any soils
engineering or engineering geologic investigation
report and recommendations shall be incorporated
into the grading plan by the Design Civil
Engineer.
d. The grading plan shall be designed by a licensed
Civil Engineer who shall be required to supervise
the grading and drainage during construction.
Certification by the Civil Engineer that the
site conditions at the rough grade stage are as
per the approved plans and permit shall be
required prior to issuance of any building
permits, unless the City Engineer determined
that the issuance of building permits is necessary
for the completion or stabilization of the grading
work.
e. Special attention shall be given to the areas of
major landform alterations.
27. All lots included in
shall meet applicable
standards relating to
the ES (Small Estate) District
Land Use Management Code
lot width and area.
PASSED, APPROVED AND ADOPTED, this 1st day of
June . 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
ATTEST:
CITY CLE
R
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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. 77-6-1-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of June ,
1977.
( SEAL)
MARY ANN
,XANOVEW, 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 3rd day of June_, 1977, she caused
to be posted:
RESOLUTION NO. 77-6-1-1
being: TENTATIVE TRACT NO. 6381
(MISSION HILLS RANCH, INC
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 6381 (MISSION HILLS RANCH,
INC.)
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 AN ANOVER, City Clerk
San Ju Capistrano, California
CHECK LEST --77-6 - 1 -
ORD. NO ............ OR RES. NO............
............. Mayor has signed
......./../.. Clerk has signed
.).(City Seal stamped
.............. All blanks typed in
"Absent" ' -Q712. --'- ......................
"Noes" ..... A,Ulb� . ..................................
.............. Typed in Official Record Book
....... Posted to Classified Card
------------- Copies sent to.?'a:..l�k.l-.A...4SC�tP...f,9u/11Ab�
--' Legal Publication ordered to be published
(date) ............... ......... ....._..._-...............
No. Affidavits A ....................... ..
No. Printed copies required ..%---------- ----------
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