Resolution Number 74-4-22-3RESOLUTION N0. 74-4-2.-3
RESOLU'T'ION OF THE CI'T'Y COUNCIL O1: THE CITY OF SAN JUAN CAPISTRANO
CONDITIONALLY APPROVING 0,1XISF.O 'IENTAT'1VE TRACT NO. 5996
CUNNIN611AM 'PROPERT'IE'S
WHEREAS, on this date, April 22, 1974, CUNNINGIiAM PROPERTIES, 5470 Campus Drive,
Newport Beach, California, developer, submitted to the City Council of the City of San Juan
Capistrano, Tentative Tract Map No. 5996, dated April 16, 1974, proposing to subdivide some
6.68 acres, more or less, of land into 15 (fifteen) lots for the construction of
single-family residences.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano, during a regular meeting held April 22, 1974, did formally approve and condition
the said map as follows:
I. PLANNING CONDITIONS
A. Any grading plan submitted for the development of the tract shall be designed
such that it meets the requirements of the City's Hillside Development Regulations,
Ordinance No. 230. Such grading plan shall be subject to the approval of the
Planning Commission prior to its release to the County for plan check.
B. Roof -mounted or exterior antennas shall be prohibited within the development by
means of deed restrictions placed on each lot before sale by the developer. Such
deed restrictions shall run with the land.
C. A street name for "A" street shall be subject to approval by the Planning
Commission.
D. The Parks and Recreation requirements of the City, as set forth in Ordinance No.
210, shall be met by the payment of a fee of $5,200 in lieu of dedication of land
for park purposes.
E. A masonry or slumpstone wall shall be provided between the development and Del
Obispo Street. The design and materials for said wall shall be subject to the
approval of the Planning Commission prior to construction.
F. A landscaping plan shall be prepared and carried out for the entire development.'
Said landscaping plan shall include, but not be limited to the following elements:
1. Street trees, minimum 15 gallon size, for both "A" street and the north side
of Del Obispo Street where it abuts the development.
2. Ground cover for the area between the masonry or slumpstone wall, referred
to in Condition IE above, and the sidewalk.
3. Ground cover for all slopes over two feet high.
r..
grading plan design prior to grading permit approval. The soils engineer
shall certify to the sur£icial and gross stability of the site prior to
issuance of any building permits.
Seismicity and the probability of seismic effects upon the site and the
proposed development 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.
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 pric
to issuance of any building permits, unless the Director of the Department
of Building and Safety determines that the issuance of building permits is
necessary for the completion or stabilization of the grading work.
3. All existing and proposed utilities shall be installed underground at the
sole expense of the developer.
4. Prior to the transmittal of the final map to the City Council by the City
Engineer, all existing structures within subject tract, including any under-
ground storage tanks, shall be removed or an agreement with the City providing
for the removal of said structures, secured by a faithful performance bond,
shall be entered into a form satisfactory to the Director of Building and
Safety. Said agreement, in a form suitable for recording, and in part
unconditionally granting said City the right to enter upon the tract premises
for the purpose of effecting the aforementioned removal if necessary, shall
be signed by the landowner and recorded.
This resolution was accepted and adopted this twenty-second day of April 1974,
by the following stated vote:
AYES: COUNCILMEN BYRNES, WEATHERS, SWEENEY, NASH AND HECKSCHER
NAPES: NONE
ABSENT: NONE
Resolution 74-4-22-3 -4-
4. The developer shall be recluire.l to conform with the DI-ainage Elemen
�t
/of the
General Plan and pay all fees as required. 1 3 3
a. This property is located in the L02 drainage fee assessment area and
payments of the fee per gross acre established by the City Council will
be required prior to recordation of the final map.
b. All drainage easements shall be a minimum of 20 feet in width and shall
be dedicated to the City as a utility easement.
S. The developer shall submit to the City Engineer detailed drainage studies
for the local drainage system prior to submission of any final map; said
study to be reviewed and approved by the City Engineer. Hydrology studies
shall include all areas north and west of the tract within the drainage basin
6. Domestic water shall be furnished by the Orange County Waterworks District
No. 4.
a. The developer shall dedicate all water rights and any usable wells to
the Orange County Waterworks District No. 4.
b. The developer shall pay all storage fees as required by the Orange Count:
Waterworks District No. 4.
C. The developer shall be required to make any necessary offsite water
connection as required by the Orange County Waterworks District No. 4.
d. Water distribution system and appurtenances shall meet the approval
of the County Fire Warden.
7. 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 sanitar
sewer service as administered by the Director of Public Works.
a. Sewers curved in one plane between manholes shall be permitted in this
development.
b. Sewers shall be stubbed to the north boundary of the development.
8. Any interference with the Trabuco Water Company line shall be approved by
said company.
B. Special Considerations
1. Any existing cesspools or septic tanks associated with the houses to be remov
shall be emptied of sewage and filled with approved material in compliance
with the Uniform Plumbing Code.
2. A comprehensive soils engineering investigation report showing evidence of
a safe and stable development shall be submitted with the grading plan.
The recommendations by the soils engineer shall be incorporated into the
Resolution 74-4-22-3 -3-
134 4. Irrigation
Systems
sufficient
give adequatu
coverage
tote
vegetation
required in
1, 2,
and 3 above,
The irrigation
systems
for
lots
1 and 15
shall extend under the masonry or slumpstone wall to give adequate coverage
to the vegetation between the wall and tho sidewalk.
The above landscaping plan shall be subject to the approval of the Planning
Commission prior to recordation of a final map.
G. Striping and stenciling shall be provided for the bike lane on the north side
of Del Obispo Street adjacent to the development to the satisfaction of the
Director of Public Works.
H. The Tree Inspector shall make recommendations to the Planning Commission
concerning which existing trees on the site should be preserved and which remove
in conjunction with its review of the grading plan for the development.
I. That the olive tree on lot N2 be preserved.
II. ENGINEERING CONDITIONS
A. Public Improvements
1. The northerly end of "A" street shall be dedicated as a 56 -foot wide public
street to the northerly tract boundary to provide for possible future
extension of the street.
2. 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 52 feet from the centerline.
a. The vehicular access rights along Del Obispo Street shall be dedicated
to the City of San Juan Capistrano except at the "A" street intersection.
b. The developer shall be required to construct street improvements for
Del Obispo Street to include drainage inlet structures, six-foot
concrete sidewalk, mission bell street lights adjacent to the curb,
and underground utilities.
3. The developer shall dedicate all necessary right-of-way and construct full
street improvements including concrete curb and gutter, concrete sidewalks,
mission bell street lights, required street sections, and underground utili
on "A" street, 56 -foot right-of-way with 36 feet of pavement. A 5 -foot wid
sidewalk shall be placed contiguous to the curb on both sides and fire
hydrants and street lights shall be located behind the sidewalk in accordance
with City of San Juan Capistrano standards.
The developer shall submit to the City Engineer a study of the grades of
the future extension of "A" street to the north; said study to be reviewed
and approved prior to recordation of final map.
Resolution 74-4-22-3 -2-