Resolution Number 76-5-19-1RESOLUTION NO. 76-5-19-1
TENTATIVE TRACT 9299 (KCS-AGUACATE)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITION-
ALLY APPROVING TENTATIVE TRACT MAP 92991
KCS SYSTEMS, INC.
WHEREAS, the applicant, KCS Systems, Inc., 336 Poinsettia,
Corona Del Mar, California, has submitted Tentative Tract Map
9299, dated March, 1976, to the Planning Commission of the City
of San Juan Capistrano, proposing to subdivide some 8.75 ± acres
into 12 residential lots and one common lot; and
WHEREAS, the City's Environmental Review Board has
determined that an environmental impact report is required for
the project and has carried out all requirements of the California
Environmental Quality Act; and
WHEREAS, the Planning Commission and City Council have
reviewed the subject environmental impact report and determined
that it adequately addresses the environmental impacts of the
project; and
WHEREAS, a public hearing has been duly advertised and
held to receive public testimony on the project; and
WHEREAS, the Planning Commission and City Council have
thoroughly reviewed the project, the public testimony, and the
staff report on the project; 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 improve-
ments are consistent with the Low Density Residential
and General Open Space designations on the General
Plan Map and are 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 consis-
tent with the requirements of the EL - Large Estate,
ES - Small Estate, and OS - Open Space Preservation
Districts designated for the property on the Official
Zoning Map.
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
does hereby approve Tentative Tract Map 9299, subject to the
following conditions:
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1. The parkland requirement of Article 4.3 of the Land
Use Management Code shall be met by payment of an
$1,800 fee in lieu of dedication of land for park
purposes. This fee has been computed allowing 50%
credit for the open space provided in Aguacate Ravine.
2. A.set of Conditions, Covenants, and Restrictions
shall be drawn up for the development. The CC&R's
shall provide for the creation of a homeowners
association to maintain private roadways and to
own and maintain open space Lot 13. The organiza-
tion, legal authority, duties, and obligations of
the homeowners association shall be specified in
the CC&R's. The CC&R's shall be approved by the
Director of Planning and City Attorney prior to
approval of a final map.
3. Open space Lot 13 and all other property within
the OS District, as specified by RZ 76-3, shall
be maintained in a natural state. The CC&R's for
the development shall incorporate provisions to
enforce this condition of approval.
4. In accordance with Section 3.6.9, Land Use Manage-
ment Code, no television 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 the CC&R's
for the tract.
5. A street name for the private loop road shall be
approved by the Director of Planning prior to
approval of a final map.
6. Equestrian access shall be provided to all lots by
means other than public streets. Alignment and
improvements for said access shall be approved by
the Director of Planning prior to approval of a
final map. The CC&R's for the development shall
provide for maintenance of said equestrian access.
7. Street trees shall be provided for Aguacate Road
and Del Obispo Street in accordance with the City's
Street Tree Master Plan. A street tree plan shall
be approved by the Director of Planning prior to
approval of a final map.
8. The property owner shall dedicate to the City of
San Juan Capistrano, without further consideration,
the necessary right-of-way for Del Obispo Street
to a minimum width of 42 feet from street center-
line, with additional slope easement where required
a. Vehicular access rights along Del Obispo Street
shall be dedicated to the City of San Juan
Capistrano.
b. Street improvements for Del Obispo Street, to
include concrete curb and gutter, concrete
sidewalks, required street section, Mission
Bell type street lights, and underground
utilities -- all to the satisfaction of the
City Engineer -- shall be constructed. Street
lights and fire hydrants as required shall be
located behind the sidewalk. The street
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improvements shall be coordinated with the
public improvement project proposed for the
intersection of Del Obispo Street and Aguacate
Road. If time schedules for the two projects
cannot be coordinated, the City Engineer may
require the filing of financial security to
insure completion of the aforementioned street
improvements required of the developer.
9. The property owner shall dedicate to the City of
San Juan Capistrano, without further consideration,
the necessary right-of-way for Aguacate Road to a
minimum width of 30 feet from street centerline,
with additional slope easement where required.
a. Vehicular access rights along Aguacate Road
shall be dedicated to the City of San Juan
Capistrano except at street intersections.
b. The developer shall construct a pedestrian
way along Aguacate Road to the satisfaction
of the City Engineer.
C. The developer shall construct street improve-
ments for Aguacate Road sufficient to accomo-
date drainage requirements. Said improvements
may include concrete curb and gutter, required
street sections, Mission Bell type street
lights -- all to the satisfaction of the City
Engineer. The street improvements shall be
coordinated with the public improvement
project proposed for the intersection of Del
Obispo Street and Aguacate Road. If time
schedules for the two projects cannot be
coordinated, the City Engineer may require
the filing of financial security to insure
completion of the aforementioned street
improvements required of the developer.
10. Access to Aguacate Road shall be constructed with
necessary corrective measures and improvements to
insure adequate sight distance.
11. Private streets shall be constructed to a width
of 28 feet. Street section and method of surfacing
shall be approved by the City Engineer.
12. Traffic regulatory signs shall be installed under
the direction of the City Traffic Engineer.
13. The developer shall conform to the Master Plan of
Drainage for the San Juan Capistrano -Capistrano
Beach area and pay all fees as required.
a. This property is located in both the LO1 and
L02 drainage fee assessment areas. Lots 3,
42 5, 69 7, and 8 (as shown on the tentative
tract map dated 3/9/76) are located in the
LO1 area and the current fee per gross acre
is $1,170. The balance of the tract is in
the L02 area and the current fee per gross
acre is $860.
14. Sewer service shall be by the City of San Juan
Capistrano.
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a. The developer shall pay all fees and comply
with all regulations for sanitary sewer
services as administered by the Director of
Public Works. The present sewer connection
fee is $300 per lot or dwelling unit.
b. The developer shall construct all master -
planned sanitary sewers traversing the
property. If design studies indicate that
certain facilities are not necessary, the
City Engineer shall not require their
construction.
15. Domestic water shall be supplied by the Orange
County Water Works District No. 4 (OCWV #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 Environmental Management
Agency standards.
b. All private streets shall be dedicated as
waterline easement to OCWD #4, either on the
final tract map or by separate deed.
C. All fire hydrants and/or pipeline easements
not located within public streets shall be
dedicated to OCWD #4, either on the final
tract map or by separate deed.
d. All installations and materials shall be in
accordance with OCWD #4 Standard Specifica-
tions, latest edition.
e. All storage and other required fees shall be
paid to OCWD #4 prior to approval of any
final tract map for recordation.
f. The developer shall install, as part of the
required improvements, such hydraulic special-
ties as may be required by OCWD #4 for the
proper operation of the water system.
16. The water distribution system and appurtenances
shall be approved by the Orange County Fire
Marshall.
17. A comprehensive soils engineering investigation
report showing evidence of a safe and stable
development shall be submitted with the grading
plan for the subdivision. The recommendation by
the soils engineer shall be incorporated into the
grading plan design prior to grading permit approval.
a. The soils engineer shall certify to the surficial
and gross stability of the site prior to
issuance of any building permits.
b. Seismicity and the probability of seismic
effects upon the site and the proposed develop-
ment 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.
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C. 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 determines that the issuance of building
permits is necessary for the completion or
stabilization of the grading work.
18- All existing or proposed utilities, with the
exception of existing utility lines within the
tract, shall be placed underground without cost
to the City. The developer shall enter into an
agreement to participate in an improvement
district to underground said utilities. Said
agreement shall be executed prior to approval of
a final map.
19. A bridge shall be constructed for the access road
crossing the ravine area. This bridge shall be
similar in design to the sketch shown in Exhibit
"A." Detailed design plans for the bridge shall
include measures to minimize adverse environ-
mental impacts on the natural environment of the
ravine and shall meet the approval of the City
Engineer. Said plans shall be reviewed by the
City Council prior to construction.
20. Proposals for the removal of any trees in conjunc-
tion with improvements for the subdivision shall
be submitted to the City Council for review and
approval prior to any such removal.
21. The provisions of Ordinance No. 294 (the 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.
22. Plans for any improvements in the open space area
of the ravine and street improvement plans for
Del Obispo Street and Aguacate Road shall be
reviewed and approved by the City Council for
measures to mitigate environmental disruption of
the ravine during construction prior to commence-
ment of any construction or modification.
PASSED, APPROVED AND ADOPTED this 19th day of May,
19762 by the following vote, to wit:
AYES: Councilman McDowell, Councilman
Sweeney and Mayor Nash
NOES: Councilman Friess and Councilman Heckscher
ABSENT: None
ATTEST:
CITY CLE
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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. 76-5-19-1, adopted by the
City Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 19th day of May, 1976.
(SEAL) MARY NN N VER, CITY CLERK
M.
14
43
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
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. 74-1-28-4, and on the day of May ,
197 6 she caused to be posted:
RESOLUTION NO. 76-5-19-1
being:
A RESOLUTION OF THE ,CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTIMNO, CALIFORNIA, CONDITIONALLY
APPROVING TENTATIVE TRACT MAP 9299, KCS SYSTEMS, INC.
IR
in three (3) public places in the City of San Juan Capistrano,
to wit:
E
The Administration Building;
The Post Office;
The Orange County Public Library.
aC M:24Ley
MARY AN HANG) ER, City Cler
San Juan Capistrano, California