Resolution Number 76-9-1-2219
RESOLUTION NO. 76-9-1-2
TENTATIVE TRACT 7654 (PATRICK DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 7654, PATRICK DEVELOPMENT
COMPANY
WHEREAS, the applicant, Patrick Development Company,
10509 San Diego Mission Road, San Diego, California, has
submitted Tentative Tract Map 7654, dated July 8, 1976, as
revised, proposing to subdivide approximately 22+ acres into
58 residential lots;
WHEREAS, the City's Environmental Review Board has
determined that the project may have a significant impact on
environment and has caused the preparation of an Environmental
Impact Report and has carried out all requirements of the
California Environmental Quality Act;
WHEREAS, a Public Hearing has been duly advertised
and held to receive public testimony on the tentative tract map.
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 Density Residential, 1.2 Low Density Resi-
dential, 1.4 Medium Density Residential, and
2.0 General Open Space 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 require-
ments of the City's Land Use Management Code and
is consistent with the requirements of the RS
(Single Family) District requested per zone
change RZ 76-5.
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 Map 7654, subject to the following conditions:
1. That approval of Tentative Tract Map 7654 shall be
considered null and void if zone change RZ 76-5 is denied by the
City Council.
2. 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.
-1-
221
3. The parkland requirement of Article 4.3, Land Use
Management Code shall be met by payment of an $30,856 fee in -lieu
of dedication of land for park purposes.
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 CC&R's for
the tract. The CC&R's shall be approved by the Director of Planning
and City Attorney prior to approval of a final map.
5. Street names shall be approved by the Director of
Planning.
6. The developer shall obtain and dedicate to the
City of San Juan Capistrano, without further consideration, the
necessary right-of-way (including the intersection) for La Novia
Avenue, from San Juan Creek Road to the tract boundary to a minimum
half -width of 42 feet from the proposed centerline.
a. The vehicle access rights along La Novia Avenue
shall be dedicated to the City of San Juan Capistrano
except at street intersections.
b. The developer shall be required to construct
street improvements for the half -street of La Novia
Avenue dedicated to include required street sections,
concrete curb and gutter, concrete sidewalks, Mission
Bell lighting, underground utilities and required
regulatory traffic signs and/or signals.
C. A minimum sight distance of 250 feet shall be
maintained at the intersection of Street "A" and La
Novia Avenue.
7. The developer shall dedicate all necessary right-
of-way and construct full street improvements including required
street sections, concrete curb and gutter, concrete sidewalks,
Mission Bell street lights and underground utilities as follows:
a. Street "A" shall have a 60 -foot right-of-way
with 40 feet curb -to -curb. A 25 -foot right-of-way
radius shall be provided at La Novia. A 4.5 -foot side-
walk shall be placed contiguous to the curb on each
side of the street. Vehicle access rights shall be
dedicated to the City of San Juan Capistrano except at
street intersections and lots 9, 10, 11, 45 and 46.
b. "B", "C", and "D" streets shall be constructed
with a 56 -foot right-of-way with 36 feet curb -to -curb,
a 4.5 -foot sidewalk shall be contiguous to the curb
on each side of the streets.
8. The developer shall be required to conform with the
Master Plan of Drainage by installation of master -planned facility
L01509. The design and construction standards shall be approved
by the City Engineer.
9. The property is located in the L01 drainage assess-
ment area. The current fee is $1,170/acre. The developer shall be
credited with the actual construction cost associated with the
installation of L01509. Any fees which are not incumbered in
construction of the L01509 which surpasses the fee assessment may
be reimbursed through a standard City reimbursement agreement
entered into between the developer and City.
10. The drainage easement shown on the tentative tract
map shall incorporate a. 10 -foot wide equestrian trail.
-2-
223
11. The developer shall pay $1,740 for the reimbursement
agreement associated with the acquisition of the San Juan Creek
Road school site.
12. A masonry or block wall shall be provided between
the development and the extension of La Novia. This wall shall be
of such design and height so as to effectively buffer the develop-
ment from the arterial highway. In addition, the area between the
wall and sidewalk shall be provided with groundcover and street
trees. An irrigation line with separate water meter shall be designed
and installed to service subject landscape area.
13. A decorative masonry wall or equivalent shall be
installed adjacent to Street "A" for Lots 1, 8, 12, 24, 25, 44, 47-55,
and 58. The design and location of subject wall shall be approved by
the Director of Planning.
14. The developer shall submit driveway approach designs
for Lots 9, 10, 11, 45 and 46 which will insure the elimination of
required back -on to street "A". Such design shall be approved by the
Director of Planning and City Engineer.
15. The developer shall install street trees for all public
streets per the Street Tree Master Plan.
16, The Planning Commission shall approve composite
development building elevations and grading plans prior to approval
of a final map.
17. A qualified archaeologist shall be present on-site
during grading operations to insure the preservation of any artifacts
or sites which may be present. If such artifacts are uncovered,
grading operations shall be temporarily halted and the qualified
personnel shall be allowed to investigate further existence of such
materials.
18. Sewer service shall be by the City of San Juan
Capistrano. The developer shall be required to pay all fees and
comply with all regulations for sanitary sewer services as adminis-
tered by the Director of Public Works. The sewer connection fee is
$325 per lot.
19. Domestic water shall be supplied by the Orange County
Water Works District No. 4 (OCWD #4).
a. The developer shall annex the subject tract to
OCWD #4.
b. 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.
C. All private streets shall be dedicated as water-
line easements to OCWD #4, either on the final tract map
or by separate deed.
d. 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.
e. All installations and materials shall be paid in
accordance with OCWD #4 prior to approval of any final
tract map for recordation.
f. All storage and other required fees shall be paid
to OCWD #4 prior to approval of any final tract map for
recordation.
-3-
g. The developer
required improvements,
be required by OCWD #4,
water system.
225
shall install, as part of the
such hydraulic specialties as may
for the proper operation of the
20. The water distribution system and appurtenances shall
be approved by the Orange County Fire Marshall.
21. All utility switch boxes and transformers shall be
installed in below -grade facilities or an equivalent to be approved
by the Planning Commission.
22. In order to provide for an orderly progression of
development, mitigate adverse impacts on City services, schools,
and other public agencies, the applicant shall enter into an agree-
ment with the City which governs the rate and geographic location
of construction within the tract prior to approval of a final tract
map. Said agreement shall specify the lots and public improvements
to be constructed in each phase and set forth the terms and condi-
tions for progressing from one phase to the next. Said agreement
shall incorporate the following conditions:
a. Building permits shall be allocated at a range
of 90-110 permits for combined tracts 7654 & 9373 during
the first twelve month period and the remaining 66-86
for the second twelve month period.
b. Construction traffic shall be limited to the
use of Street "A" for access to the various phases of
development. In no circumstance shall construction traffic
be routed through areas where residential units have been
occupied. Street "A" shall only be used for construction
access provided no residential units are constructed on
said street prior to start of last phase of development.
C. Utilities and roads shall be programmed for
installation to provide service for only that particular
phase of development. Identification of specific improve-
ments for road construction and utility installation shall
be incorporated in said agreement.
23. Lot "A" shall be irrevocably offered to the City
without further consideration for park and recreation purposes.
24. The developer shall develop a program which will
control rodent and reptile infestation of the adjacent development
during grading operation. Said program shall be approved by the
Director of Planning.
25. The developer shall dedicate to the City of San Juan
Capistrano a drainage easement for LO1S09. Such easement shall be
for drainage and equestrian purposes and shall be a minimum 15 feet
in width.
26. The developer shall prepare a tree preservation
program for those trees designated on the approved tentative tract
map for preservation. Said program shall be submitted and approved
by the Tree Inspector. A tree removal permit for the removal of all
other trees shall be submitted and approved by the Tree Inspector.
27. The developer shall be required to obtain a sewer
connection permit from the State Coastal Commission prior to
issuance of building permits for subject tract.
BE IT FURTHER RESOLVED, that approval of Tentative Tract
Map 7654 shall be effective upon the date of final City Council
action and shall remain valid for a period of twelve months unless
extended in accordance with provisions of the Land Use Management
Code.
PASSED, APPROVED, AND ADOPTED this first day of
September 1976, by the following vote, to wit:
-4-
VP
227
AYES: Councilmen Heckscher, McDowell, Friess, Sweeney
and Mayor Nash
NOES: None
ABSENT: None
YVON O. HECKSCHER
Mayor Pro Tem
J
ATTEST:
CITY L I
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. 76-9-1-2 adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 1st day of September 1976.
(SEAL)
MARY ANN VER, CITY CLERK
-5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
and says:
229
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 10th day of September ,
197 6 , she caused to be posted:
being:
RESOLUTION NO. 76-9-1-2
TENTATIVE TRACT 7654 (PATRICK DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 7654, PATRICK DEVELOPMENT
COMPANY
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 �� City Clerk
San Juan/ apistrano, California