Resolution Number 77-7-20-2RESOLUTION NO. 77-7-20-2
DIVISION OF LAND 77-5 (CREBER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
DIVISION OF LAND 77-5 (CREBER)
WHEREAS, the applicant, Martha E. Creber, Post Office
Box 397, San Juan Capistrano, California, has submitted a
tentative parcel map proposing to subdivide approximately 5
acres of land into two parcels, one of 1.6 acres and the other
of 3.4 acres; and,
WHEREAS, the City's Environmental Review Board has
reviewed the subject tentative parcel map, has determined that
it will not have a significant impact on the environment, and
has otherwise carried out all requirements of the California
Environmental Quality Act for the project; 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 tentative parcel map and its design and
improvements are consistent with the Very Low Density
Residential designation on the General Plan Map and
is otherwise consistent with all other elements of
the General Plan.
2. The proposed tentative parcel map as conditioned
conforms to all requirements of the City's Land
Use Management Code and is consistent with the
requirements of the EL (Large Estate) District.
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 Division
of Land 77-7, subject to the following conditions:
1. The Parks and Recreation requirement of Chapter 4,
Land Use Management Code, shall be satisfied by
payment of in -lieu fees. This fee shall be paid
prior to approval of a final parcel map for
recordation.
2. No antennas shall be installed on or above any roof
or other exterior elevations. This requirement shall
be incorporated into deed restrictions on each lot
or other covenants which run with the land. A copy
of these restrictions shall be filed with the City
prior to approval of a final map.
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3. Equestrian access shall be provided for all parcels
in accordance with Section 4.1.6, Land Use Management
Code. This equestrian easement shall be a minimum
10 feet in width and shall be irrevocably offered to
the City without further consideration. Design and
alignment shall be approved by the Director of
Planning prior to approval of a final parcel map.
The developer shall be required to conform to the
Master Plan of Drainage for the San Juan Capistrano -
Capistrano Beach area. The property is located
within the LO1 drainage fee assessment area. Fees
shall be paid in accordance with the current fee
schedule.
Water distribution system and appurtenances shall
meet the approval of the County Fire Warden.
Each lot buyer will be required to submit individual
grading plans in accordance with Ordinance No. 293
to the Environmental Review Board prior to release
to Orange County Grading Division. 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 building
permits.
7. All existing and proposed utilities shall be installed
underground at the sole expense of the developer.
8. The requirement for domestic water will be
coordinated with, and approved by, the Orange County
Water Works District No. 4.
9. All fees shall be paid in accordance with applicable
regulations before issuance of a building permit.
10. That portion of Ortega Highway along the property
frontage shall be dedicated to the City of San Juan
Capistrano without further consideration 52 feet
from centerline and improved in accordance with
standards outlined in Ordinance No. 293. The
developer shall provide financial responsibility for
ultimate improvements on Ortega Highway.
11. Use of the private road easement for access and
utilities shall be granted to the City of San Juan
Capistrano.
12. Prior to approval of a final map for recordation,
improvement plans shall be prepared showing the precise
alignment of the proposed access road in the easement
and its intersection with Ortega Highway. Adequate
provisions shall be made for safe ingress and egress
from the entry at Ortega. These improvement plans
shall be reviewed by the Environmental Review Board.
If, in the opinion of the Board, the proposed alignment
does not meet grading, visual impact, or other related
City standards for such a roadway, the applicant shall
relocate the access and easement corridor along the
existing access road.
13. All existing easements shall be shown on the final
map.
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14. An encroachment permit shall be obtained from
Caltrans prior to any construction on Ortega Highway.
15. Sewer services shall be by the City of San Juan
Capistrano. The developer shall install all required
sewer lines and make appropriate connections to
existing facilities in compliance with regulations
for sanitary sewer services as administered by the
Director of Public Works.
16. Any necessary utility easement shall be dedicated
to the City in accordance with the Land Use
Management Code.
17. Any drainage easement shall be a minimum of twenty
feet in width.
18. Approval of Division of Land 77-5 shall be considered
null and void if Rezone 77-7 is denied.
PASSED, APPROVED AND ADOPTED, this 20th day of
July , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
ATTEST:
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L.
JON O. ELtCKSCHER, MAYOR
CITY CL
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. 77-7-20-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 20th day of July ,
1977.
(SEAL)
MARY ANNA NOVER, 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 2nd day of August, 1977, she caused
to be posted:
RESOLUTION NO. 77-7-20-2
being: DIVISION OF LAND 77-5 (CREBER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
DIVISION OF LAND 77-5 (CREBER)
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.
MARYAN NOVER, City Clerk
San J7 Capistrano, California
CHECK LIST
ORD.
/N0._...... ._ RES. NO.. ..
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......V-1.. Mayor has signed
.. y/. Clerk has signed
... .�/. City Seal stamped
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_.........- Typed in Official Record Book
......_..... Posted to Classi,��(7j�'ed Cafds
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Legal Polication ordered to be published
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No. Affidavits ..... ------------------------
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Remarks .........
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