Resolution Number 77-8-3-3316
RESOLUTION NO. 77-8-3-3
TENTATIVE TRACT 6305 (LECK/FORSTER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 6305 (LECK/FORSTER)
WHEREAS, the applicant, Richard Beamish, 2172 Dupont
Drive, No. 8, Irvine, California, has submitted Tentative Tract
6305, proposing to subdivide approximately 264 + acres into
135 residential lots and one utility lot; 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 City's Environmental Review Board has reviewed
the subject tentative tract map and determined that
it may have a significant impact on the environment
and has caused an environmental impact report to
be prepared for the previously proposed 75 lot
subdivision, and has otherwise carried out all
requirements of the California Environmental
Quality Act.
2. Upon review of the 75 lot subdivision, the Planning
Commission requested that the project be redesigned
to mitigate the adverse visual and aesthetic
impacts identified in the submitted environmental
impact report.
3. The applicant has revised the tract map in
accordance with the direction received from the
Planning Commission and has submitted additional
exhibits which address the visual and aesthetic
impacts of the project and has reviewed the
environmental impacts which would result from the
project's revision.
4. A public hearing has been duly advertised and held
to review and receive public testimony on the
application.
5. The proposed tentative tract map as conditioned
conforms to all requirements of the GM, 90EL(2.5),
90EL, 90EL(20,000), and OS Districts.
6. The proposed tentative tract map and its design and
improvements are consistent with the 1.1 Very Low
Density Residential designation of the General
Plan and is otherwise consistent with all other
elements of the General Plan.
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7. The project site is physically suitable for the
type and density of the proposed development.
8. 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.
9. 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 6305 subject to the following conditions:
1. The parks and recreation requirement of Chapter 4,
Land Use Management Code, shall be satisfied by
payment of an in -lieu fee. This fee shall be paid
prior to approval of a final tract map for
recordation.
2. No antennas shall be installed on or above any
roof or other exterior elevation. 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.
3. Equestrian access shall be provided for all parcels
in accordance with Section 4.1.6, Land Use
Management Code. Said equestrian easements shall
be a minimum 20 feet in width and shall be irrevocably
offered for dedication to the City without further
consideration. Design and alignment shall be
approved by the Equestrian Commission prior to
approval of a final map.
4. Precise grading plans shall be approved by the
Planning Commission prior to approval of a final
map. Plan elevations and grading design shall
be in substantial conformance with the approved
tentative tract map.
5. A fence or masonry wall consistent with the rural
theme of development shall be provided between
the project and Ortega Highway. In addition, a
landscape and irrigation plan for the area between
the wall or fence and the Ortega roadway showing
the installation of a five-foot meandering sidewalk,
ground cover, and street trees, shall be submitted.
Said wall and landscape plans shall be approved by
the Planning Commission prior to approval of a
final map.
6. Landscape plans shall be approved by the Planning
Commission for all cut and fill slopes prior to
recordation of a final map. Particular emphasis
shall be placed upon the landscape's plant
palette to create a natural continuation of
existing vegetation.
7. All wall and landscape plans for areas adjacent
to streets within the tract and the Ortega Highway
shall be implemented to the satisfaction of the
Director of Planning prior to issuance of any
certificate of residential use and occupancy.
d0M
The developer shall form a special landscape
maintenance district which shall be administered
by the City of San Juan Capistrano. The
maintenance district shall include all lots within
the tract. The areas to be maintained by the
district shall include the area located within
the landscaped right-of-way for Ortega Highway
within the tract boundary, all manufactured
slopes having a vertical height greater than
five feet, and any other such areas which may be
deemed by the Director of Planning.
9. The existing barn located on Lot 132 (as shown
on tentative map date stamped July 28, 1977)
shall not be removed, altered, or damaged without
approval of the Cultural Heritage Commission.
10. All required front setbacks shall be measured from
the edge of private road easements.
11. Each lot buyer shall submit individual grading plans
in accordance with Ordinance No. 293 to the
Environmental Review Board prior to release to
Orange County Grading Division. At the time of such
review, the Environmental Review Board shall review
the proposed orientation of garages in order to
assure a variation along street frontages. The
grading plan shall be designated by a licensed
Civil Engineer who shall 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. Any buyer building on two or
more lots shall submit comprehensive grading,
building, and landscape plans for all lots to the
Environmental Reivew Board for review and approval
prior to release for plan check.
12. The Development Constraints Matrix shall be
incorporated into deed restrictions for each
individual parcel. Said restrictions shall be
enforced by the Environmental Review Board for the
City of San Juan Capistrano. The California State
Real Estate Report shall incorporate said building
design restrictions as part of the public
disclosure document.
13. All required setbacks for each lot shall be shown
on the final map. Said setbacks shall result in
limiting the buildable area of each lot to the
minimum setbacks required under Ordinance No. 923
for the EL (Large Estate) District, but within
the level pad area shown on the tentative tract
map. Notwithstanding the foregoing, Lots 1-10,
39, 40, 48-56, 63-84, and 116-132 (as shown on
the tentative map date stamped July 28, 1977) shall
be designated to have minimum 10 -foot side yard
setbacks. Accessory structures not exceeding 10
feet in height may be constructed outside the
building area shown on the final map.
14. All grading and building plans, as well as
subsequent construction, shall be in strict
conformance with the requirements of the Development
Constraints Matrix (Exhibit 1). All such plans
shall be reviewed by the Environmental Review Board
for compliance with said Development Constraints
Matrix. If the Environmental Review Board
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determines that the designated height and
building area limits (per the Development
Constraints Matrix and approved tentative map)
imposed on Lots 1-6, 14-27, 58-74, and 116-132
(as shown on the tentative map date stamped
July 28, 1977) will not provide for construction
of a residence with 2700 square feet of livable
floor area and a commensurate level yard area,
said Board may permit the construction of a
two-story structure -- not to exceed 24 feet in
height -- on such lots. Such determinations
shall be made on an individual lot -by -lot basis.
15. A school site reimbursement fee of $30.00 per lot
shall be paid prior to approval of a final map.
16. The project shall be reviewed in accordance with
Ordinance No. 314 (Residential Growth Management)
Building Permit allocations shall be granted in
accordance with the provisions of that ordinance.
17. Street names shall be approved by the Director of
Planning prior to approval of a final map.
18. The provisions of Ordinance No. 294 (Home Warranty
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 during any
twelve month period.
19. All existing and proposed utilities shall be
installed underground at the sole expense of the
developer.
20. All fees shall be paid in accordance with
applicable regulations before approval of a final
map.
21. The number of units which may be serviced by a
private street is hereby waived per Article 4.8,
Ordinance No. 293. All private streets shall be
a minimum 28 feet in width and improved to
applicable public street standards. In addition,
the developer shall: (1) Demonstrate the ability
to adequately maintain said streets to the
satisfaction of the City Engineer prior to approval
of a final map for recordation. (2) Demonstrate
to the satisfaction of the City Engineer that the
private streets are designated to provide adequate
drainage. Streets joining the main private street
shall have cross gutters or other means of water
control.
22. The developer shall dedicate an easement to the
City of all private streets within the tract for
access and utility purposes.
23. All existing easements shall be shown on the final
map.
24. Street lights shall be installed within the tract.
The location, height, and lumen rating shall be
approved by the Director of Planning and the City
Engineer. Generally, the lights shall be of a
low profile and located at intersections and
cul-de-sacs provided said location is of sufficient
distance from adjacent lights as to prevent an
overlapping or clustering effect.
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25. Right-of-way shall be acquired and improvements
constructed consisting of two 12 -foot wide
travel lanes with 8 -foot unimproved shoulders for
the realignment of the curve easterly of the
intersection of Ortega Highway and Ganado Road to
the horizontal and vertical alignment prepared
by the Department of Transportation. Building
permits for the subject tract shall not be released
prior to granting of contract for said improvements.
Occupancy certificates shall not be granted until
work is completed for said improvements.
26. The project shall conform to the Master Plan of
Drainage for the San Juan Capistrano -Capistrano
Beach area. The property is located within the
LO1 and LO5 drainage fee assessment areas. Fees
shall be paid in accordance with the current fee
schedule. Rip -rap shall be placed at all drainage
outlets. Cut-off walls shall be placed at all
inlets.
27. Domestic water shall be furnished by the Orange
County Water Works District No. 4 (OCWD #4) in
accordance with the District's policies and
procedures.
28. The water distribution system and appurtenances
and street alignments and widths shall meet the
approval of the County Fire Warden.
29. The property owner shall dedicate to the City of
San Juan Capistrano without further consideration
the necessary right-of-way for Ortega Highway to a
minimum width of 52 feet from the centerline.
a. Vehicle access rights along Ortega Highway shall
be dedicated to the City of San Juan Capistrano
except at street intersections.
b. The developer shall construct street improvements
for Ortega Highway to include required street
sections, curb and gutter, concrete sidewalks,
lighting, underground utilities, and parkway
landscaping.
30. An encroachment permit shall be obtained from
Caltrans prior to any construction on Ortega Highway.
31. Sewer services shall be by the City of San Juan
Capistrano. The developer shall pay all fees and
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.
32. Any necessary utility easements shall be dedicated
to the City in accordance with the Land Use
Management Code. All drainage easements shall be
a minimum of 20 feet in width.
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33. Development rights for the area to be zoned
OS (Open Space) shall be dedicated to the City of
San Juan Capistrano and owners of Lots 1 through
133 inclusive. The development rights held in
common by the City of San Juan Capistrano and lot
owners shall be shared in the following manner:
(1) The City shall own fifty percent (50%) of
said rights; and (2) The remaining fifty percent
(50%) shall be held in equal undivided shares by
the 133 individual lot owners. Said development
rights shall not be relinquished unless agreed upon
by the City of San Juan Capistrano and a two-thirds
majority vote of the property owners. The
underlying fee title shall be owned and maintained
in common by the 133 individual property owners.
34. Development fees required by Conditions 1, 15, 26
and 31 may be deferred by the applicant for Lot 133
until such time as further subdivision or
development is approved for said lot.
PASSED, APPROVED AND ADOPTED, this 3rd day of
August , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: None
i
t
VON 0. HECKSCH R, MAYOR
ATTEST:
I Y CLE
STATE O 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. 77-8-3-3 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 3rd day of August ,
1977.
(SEAL)yv
MARY ANN �i OVER, CITY CLERK
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322
DEVELOPMENT CONSTRAINT MATRIX
UNIT NUMBER
GRADING
ARCHITECTURAL SOLUTION
BUILDING HEIGHT ELEVATIOD
1
Pad 185
Conventional
201
2
Pad 190
Conventional
206
3
Pad 200
Conventional
216
4
Pad 210
Conventional
226
5
Pad 220
Conventional
236
6
Pad 225
Conventional
241
7
Pad 240
Conventional
256
8
Pad 200
Conventional
9
Pad 190
Conventional
10
Pad 175
Conventional
11
Natural
25%
Condition C
12
Pad 195
Conventional
13
Natural
25%
Condition C
14
Pad 210
Conventional
15
Pad 220
Conventional
16
Pad 240
Conventional
256
17
Pad 250
Conventional
266
18
Pad 265
Conventional
281
19
Pad 280
Conventional
296
20
Pad 295
Conventional
310
21
Pad 310
Conventional
326
22
Pad 320
Conventional
336
23
Pad 330
Conventional
346
24
Pad 345
Conventional
361
25
Pad 355
Conventional
371
26
Pad 360
Conventional
376
27
Pad 350
Conventional
366
28
Natural
25%
Condition C
356
29
Natural
30%
Condition C
351
30
Natural
20%
Condition B
346
31
Natural
28%
Condition C
341
32
Natural
17%
Condition B
341
33
Natural
25%
Condition C
341
34
Natural
28%
Condition C
336
35
Pad 320
Conventional
336
36
Pad 325
Conventional
341
37
Pad 330
Conventional
346
38
Pad 340
Conventional
356
39
Pad 355
Conventional
366
40
Pad 365
Conventional
381
41
Pad 370
Conventional
386
42
Pad 375
Conventional
391
43
Pad 385
Conventional
396
44
Pad 395
Conventional
411
45
Pad 410
Conventional
426
46
Pad 430
Conventional
446
47
Pad 430
Conventional
446
48
Natural
28%
Condition C
406
49
Pad 390
Conventional
50
Pad 370
Conventional
-7-
EXHIBIT 1
323
DEVELOPMENT CONSTRAINT MATRIX
UNIT NUMBER GRADING ARCHITECTURAL SOLUTION BUILDING HEIGHT ELEVATION
Pad 340
Conventional
Pad 330
Conventional
Pad 328
Conventional
Pad 237
Conventional
Pad 330
Conventional
Pad 340
Conventional
Pad 350
Conventional
Pad 360
Conventional
376
Pad 360
Conventional
376
Pad 350
Conventional
366
Pad 340
Conventional
356
Pad 330
Conventional
346
Pad 320
Conventional
336
Pad 310
Conventional
326
Pad 295
Conventional
311
Pad 280
Conventional
296
Pad 280
Conventional
296
Pad 280
Conventional
296
Pad 280
Conventional
296
Pad 280
Conventional
296
Pad 250
Conventional
266
Pad 235
Conventional
251
Pad 225
Conventional
241
Pad 215
Conventional
231
Pad 190
Conventional
Pad 205
Conventional
Pad 235
Conventional
Pad 255
Conventional
Pad 275
Conventional
Natural
42%
Condition D
Natural
28%
Condition C
Natural
33%
Condition C
Pad 300
Conventional
Pad 310
Conventional
Pad 320
Conventional
Pad 330
Conventional
Pad 345
Conventional
Pad 375
Conventional
Pad 390
Conventional
Natural
30%
Condition C
465
Natural
33%
Condition C
470
Natural
33%
Condition C
455
Natural
32%
Condition C
475
Natural
40%
Condition D
480
Natural
37%
Condition D
465
Natural
25%
Condition C
465
Natural
25%
Condition C
445
Natural
12%
Condition A
436
Natural
25%
Condition C
446
Pad 430
Conventional
475
EXHIBIT 1
W-10
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IINTT NIIMRF.R
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
DEVELOPMENT CONSTRAINT MATRIX
GRADING
Pad 430
Natural 23%
Natural 20%
Natural 44%
Pad 455
Natural 50%
Natural 37%
Natural 37%
Natural 31%
Natural 25%
Natural 25%
Pad 410
Natural 42%
Natural 42%
Natural 19%
Pad 350
Pad 335
Pad 320
Pad 306
Pad 298
Pad 295
Pad 290
Pad 285
Pad 275
Pad 260
Pad 250
Pad 240
Pad 230
Pad 220
Pad 205
Pad 200
Pad 160
ARCHITECTURAL SOLUTION
Conventional
Condition C
Condition B
Condition D
Conventional
Condition D
Condition D
Condition D
Condition C
Condition C
Condition C
Conventional
Condition D
Condition D
Condition B
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
Conventional
mm
324
BUILDING HEIGHT ELEVATION
475
495
485
465
471
465
470
470
445
415
425
425
435
440
440
366
351
336
322
314
311
306
301
291
282
266
256
325
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
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 August 1977,
she caused to be posted:
RESOLUTION NO. 77-8-3-3
being: TENTATIVE TRACT 6305 (LECK/FORSTER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT 6305 (LECK/FORSTER)
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
ORD. NO- ... _.._ RES. NO ....
..__.✓.�... Mayor has signed
. Clerk has signed
City Seal stamped
........... All blanks typed in
«Absent" .......... :.n cs-�e�..........................
.Noes" ..... - ...e � .........................
.... Typed in Official Record Book
........... Posted to Classified Cards
- Copies sent to - /"/ w
��..a .�Aa.........................
.............. Legal Publication ordered to be published
(date) ..............................................................
No. Affidavits ..................................................
No. Printed copies required ........z......__......
Remarks
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MARYA Hf DOVER, City Clerk
San J an Capistrano, California