Resolution Number 77-9-21-8370
RESOLUTION NO. 77-9-21-8
DIVISION OF LAND 77-6 (SANDERSON)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
DIVISION OF LAND 77-6 (SANDERSON)
' WHEREAS, the applicant, Rowe Sanderson III, 32092 Via
Alicia, San Juan Capistrano, California, has submitted a
tentative parcel map proposing to subdivide approximately 3.7
acres into three parcels, two of 1.0 acre and one of .98 acre;
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,
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
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will not conflict with easements, acquired by the
public at large for access through or use of
property within the proposed project.
6.
The project fulfills the intent and purpose of
Condition No. 2 of Coastal Zone Permit No. A-62-76
(SERRA) in that it maintains an environment
'
compatible with the rural character of the area.
NOW,
THEREFORE, BE IT RESOLVED, that the City Council
of the City of
San Juan Capistrano does hereby approve Division
of Land 77-6,
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.
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371
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.
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
for dedication to the City without further
consideration. Design and alignment of the
equestrian access shall be reviewed by the Equestrian
Commission. Recommendations concerning said access
shall be forwarded from the Commission to the City
Council prior to approval of a final parcel map.
4. 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 L02 drainage fee assessment area. Fees
shall be paid in accordance with the current fee
schedule.
5. Water distribution system and appurtenances shall
meet the approval of the County Fire Warden.
6. 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 proposed utilities shall be installed
underground at the sole expense of the developer.
In accordance with the City's existing undergrounding
policy, the developer shall enter into an agreement
to participate in a future utility undergrounding
assessment district. Developer shall be required
to provide confirmation of the cost estimate for
undergrounding existing utilities on or contiguous
to developer's property.
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 prior to recordation of the final map.
10. All existing easements shall be shown on the final
map.
11. 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.
12. Any necessary utility easement shall be dedicated
to the City in accordance with the Land Use
Management Code.
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13. Any drainage easement shall be a minimum of twenty
feet in width.
14. The applicant shall irrevocably offer to the City
of San Juan Capistrano the necessary right-of-way
for the General Plan commuter road. In addition,
the applicant shall enter into an agreement to
participate in an assessment district for the future
improvement of said General Plan commuter street
(Crumrine).
15. The applicant shall construct full improvements for
a half -section of Aguacate Road; said improvements
to include curb, gutter, 4.5 -foot concrete sidewalk,
street lights, and restriping of the roadway for
that portion adjacent to the property boundary. All
improvements to be constructed for the full frontage
of the property excepting that portion opposite
Via Estelita and identified as the future intersection
of Aguacate Road and the General Plan commuter street
(Crumrine). Temporary improvements shall be
constructed for this portion and shall include curb,
gutter, sidewalk and a standard driveway approach,
the design and materials to be approved by the City
Engineer.
16. Street trees shall be provided for Aguacate Road in
accordance with the City's Street Tree Master Plan.
17. A fence or wall shall be provided adjacent to
Aguacate Road. The design, location, and materials
for this fence or wall shall be subject to approval
by the Director of Community Planning and Development
prior to construction.
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. This map shall be considered null and void if a zone
variance is not granted for a reduction in required
minimum lot size of Parcel No. 3 from 1 acre to .98
acre prior to approval of the final map.
PASSED, APPROVED AND ADOPTED this 21st day of
September , 1977, by the following vote, to wit:
AYES: Councilmen Sweeney, McDowell,
and Mayor Pro Tem Friess
NOES: None
ABSENT: Councilman Nash and Mayor Heckscher
KENNETH E. FRIESS, MAYOR PRO TEM
ATTEST:
BY 0,4 64X-tL4A� DEPUTY
CITY CLERK 0 61
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373
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. 77-9-21-8 , adopted by
the City Council of the City of San Juan Cap— istrano, California,
at a regular meeting thereof held on the 21st day of
September , 1977.
(SEAL) BY �, (ft c (/%%JDEPUTY
M R A VE CITY CLERK
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 o?, the 27th day of September 1977,
she caused to be posted:
RESOLUTION NO. 77-9-21-8
being: DIVISION OF LAND 77-6 (SANDERSON)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
DIVISION OF LAND 77-6 (SANDERSON)
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"7- 9 41 -
ORD. NO_..___. RES. NO....__....
...... Mayor has signed
✓..... Clerk has signed
✓... City Seal stamped
.............. All blanks typed in
"Absent"l�:Si1...1-.. (•1e.�(�<rhee,_.......
.Noes.. ................ ..... _-------------------------
............. Typed in Official Record Book
.............. Posted to Classified Cards
............. Copies sent to -----'-'-.....-
Legal Publication ordered to be published —4—
(date) ------------------------- ------- ....-----
No. Affidavits --------------------------- ----- ;-...------- ....
No. Printed copies required .............. ............
Remarks------------------------------------------------------------
MARY ANN HANOVE ,ity er
San Juan Capistrano, C ifornia