Resolution Number 76-9-1-3231
RESOLUTION NO. 76-9-1-3
TENTATIVE TRACT 9373 (PATRICK DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 9373, PATRICK DEVELOPMENT
COMPANY
WHEREAS, the applicant, Patrick Development Company,
10509 San Diego Mission Road, San Diego, California, has
submitted Tentative Tract Map 9373, dated July 8, 1976, as
revised, proposing to subdivide approximately 48.5 acres into
118 residential lots;
WHEREAS, the City's Environmental Review Board has
determined that the project map may have a significant impact
on the environment and has caused the preparation of an Environ-
mental 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, 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 ES
(Small Estate) and RS (Single Family) Districts
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 9373, subject to the following conditions:
1. That approval of Tentative Tract Map 9373 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 corpora-
tion selling or offering for sale three or more dwelling units,
not previously occupied for residential purposes, within the
City during any twelve month period.
3. The parkland requirement of Article 4.3, Land Use
Management Code shall be met by payment of an $62,600 fee in -lieu
of dedication of land for park purposes.
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4. In accordance with Section 3.6.9, Land Use Management
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&Rs for the
tract. The CC&Rs 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 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 -o£ -way radius
shall be provided at La Novia. A 4.5 -foot sidewalk shall
be placed contiguous to the curb on each side of the
street. Vehicle access rights shall be to the City of
San Juan Capistrano except at street intersections and
Lots 85, 86, 87, 99 and 100.
b. "B", "C", "D", "E" streets, the extensions of
Calle San Remo and Camino Santo Domingo shall be con-
structed 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.
7. The developer shall be required to conform with the
Master Plan of Drainage by installation of master -planned facility
LO1S09. Design and construction standards shall be approved by the
City Engineer.
8. 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 LO1S09. Any fees which are not incumbered by the
actual construction shall be paid to the City. Any additional costs
incurred in construction of the LO1S09 which surpasses the fee
assessment will be reimbursed under a reimbursement agreement
entered into between the developer and the City.
9. The drainage easement shown on the tentative tract
map shall incorporate a 10 -foot wide equestrian trail.
10. The developer shall pay $3,540 for the reimbursement
agreement associated with the acquisition of the San Juan Creek
Road school site.
11. A decorative masonry wall or equivalent shall be
installed adjacent to Street "A" for Lots 28, 29, 46, 47, 67, 68,
84, 88, 89, and 90. The design and location of subject wall shall
be approved by the Director of Planning.
12. The developer shall install street trees for all
public streets per the Street Tree Master Plan.
13. The developer shall submit driveway approach designs
for lots 85, 86, 87, 99 and 100 which will insure the elimination
of required back -on to Street "A". Such design will be approved by
the Director of Planning and City Engineer.
14. The Planning Commission shall approve composite
development,building elevations,and grading plans prior to approval
of a final map.
15. A qualified archaeologist shall be present on-site
during grading operations to insure the preservation of any arti-
facts or sites which may be present. If such artifacts are
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235
uncovered, grading operations shall be temporarily halted and
the qualified personnel shall be allowed to investigate further
existence of such materials.
16. 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
administered by the Director of Public Works. The sewer connection
fee is $325 per lot.
17. 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
waterline easement 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 in
accordance with OCWD #4 Standard Specifications, latest
edition.
f. All storage and other required fees shall be
paid to OCWD #4 prior to approval of any final tract
map for recordation.
g. The developer shall install, as part of the
required improvements, such hydraulic specialties as may
be required by OCWD #4 for the proper operation of the
water system.
18. The water distribution system and appurtenances shall
be approved by the Orange County Fire Marshall.
19. All utility switch boxes and transformers shall be
installed in below -grade facilities or an equivalent to be approved
by the Planning Commission.
20. 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 circumstances shall construction traffic
be routed through areas where residential units have been
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237
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.
21. That Lot "A" shall be irrevocably offered to the City
without further consideration for park and recreation purposes.
22. 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.
23. 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 40 feet
in width,
24. 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.
25. Lots 17 through 22, inclusive, shall maintain a
minimum of 20,000 square feet per lot.
26. That portion of Street "A" between Lot A and Lot 28
shall be improved in a manner meeting the approval of the Director
of Public Works and Parks and Recreation Commission such that said
street segment may be used for interim recreation purposes.
BE IT FURTHER RESOLVED, that approval of Tentative Tract
Map 9373 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:
AYES: Councilmen Heckscher, Sweeney, McDowell, Friess,
and Mayor Nash
NOES: None
ABSENT: None
ATTEST:
CITY CLERK
77
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238
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. 76-9-1-3 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) 7
ARY ANN H VER, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
and says:
239 '
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. 76-9-1-3
TENTATIVE TRACT 9373 (PATRICK DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 9373, 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 ANNH OVE , City Clerk
San Jua apistrano, California