PC Resolution-04-06-22-01PLANNING COMMISSION RESOLUTION NO. 044-2211
WHISPERING HILLS COMPREHENSIVE DEVELOPMENT PLAN
04-01. VESTING TENTATIVE TRACT 16634 AND EIR ADDENDUM
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO RECOMMENDING APPROVAL OF A
COMPREHENSIVE DEVELOPMENT PLAN AND VESTING TENTATIVE
TRACT 16634 FOR WHISPERING HILLS ESTATES
WHEREAS, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA
92612, has filed an application with the City of San Juan Capistrano for approval of a
Comprehensive Development Plan (CDP 04-01) for land within the “PC’’ Planned
Community District in the southeastern part of the City, west of La Pata Avenue and north
of the Prima Deschecha landfill, and
WHEREAS, Whispering Hills LLC has also filed an application for approval of
Vesting Tentative Tract Map 16634, a subdivision proposing 155 single family residential
lots plus open space lots within the above-identified “PC” Planned Community District, and
WHEREAS, the Planning Commission has conducted a duly-noticed public hearing
regarding the proposed land use applications for the project, and
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental
Impact Report (FEIR) and Findings in accordance with the California Environmental Quality
Act (CEQA) to address the environmental impacts of a similar but more intensive project
on the property. Based on a review of that FEIR, the City’s Environmental Administrator
has determined that the present proposed project qualifies for an EIR Addendum pursuant
to Section 151 64 of the CEQA Guidelines, which Addendum has been prepared, reviewed
by the Planning Commission, and made available to the public. All records pertaining to
preparation, review, and comment on the FEIR and Addendum are retained in the Planning
Department of the City of San Juan Capistrano.
w
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City
of San Juan Capistrano hereby forwards CDP 04-01 and VTTM 16634 to the City Council
with the following findings and recommendations:
Section 1 : Findinas Reaardinn EIR Addendum.
The Planning Commission has reviewed the relevant data referenced herein,
received public testimony and recommended that, on the basis of the Initial Study
and Addendum, the Final EIR is found to be adequate to address the environmental
effects and feasible mitigation measures associated with the Project. Further, the
Planning Commission finds that:
Resolution No. 04-6-22- I June 22, 2004
L Page 2
1. None of the circumstances described in CEQA Guidelines Section 15162
requiring a subsequent EIR have occurred; and
2. Minor technical additions in the Addendum help to further explain and
refine, rather than substantively alter, the Final EIR; and
3. The Addendum does not raise important new issues about significant
effects on the environment.
Section 2: Findinns Reaardina Comprehensive Development Plan.
The Comprehensive Development Plan, attached hereto as Exhibit 1, is consistent
with the City’s General Plan and Land Use Code because of the following findings:
Land Use Desianafions -The City’s General Plan designates the property as
“Planned Community”, ‘Very Low Density Residential” (maximum density of
one dwelling unit per acre), and “General Open Space” . The General Open
Space designation was assigned to the SDG&E transmission line right-of-way
extending diagonally through the property from northwest to southeast. The
two ridgelines on the site are designated as “Major Ridgelines”, to be
preserved in open space per the Conservation and Open Space Element.
Residential Densify - The density of the residential portion of the Planned
Community (VTTM 16634) is 155 dwelling units + 314 acres = .49 dulacre.
This is within the maximum General Plan density of one unit per acre.
Transmission Corridor Osen %ace Desianation - The General Open Space
designation is meant to show that the area occupied by the electric
transmission lines is to remain in open space. The aboveground portion will
remain in open space, with the central portion being realigned to
accommodate the undergrounding of the eastern portion. That undergrounded
portion will be relocated in the main entry street, “A street, which is to be
flanked by open space on both sides in the form of high school playfields on
the north and the detention basins on the south. Thus, the General Plan
transmission line open space will be preserved in its undergrounded condition,
though with a slightly different alignment. Therefore, the CDP is consistent
with the General Open Space designation.
Maior Ridaelines - The CDP retains the two major ridgelines in open space.
Zonina Desianafion - The property is designated “PC” and “GOS” on the
Official Zoning Map. The PC District zoning classification requires that a
Comprehensive Development Plan be integrated into the PC zoning in order
Resolution No. 04-6-22-7 June 22, 2004
-u Page 3
to establish permitted land uses and development standards on a PC-
designated property. This is the Comprehensive Development Plan for the
Whispering Hills PC.
Transmission Corridor Zoninq - The GOS zoning follows the General Plan
General Open Space designation for the electric transmission corridor. As
discussed above under “General Plan”, the preservation of this corridor in
open space is achieved in both its aboveground and underground segments.
The transmission line corridor is surrounded on both sides by the area zoned
“PC” on the Zoning Map. It is also part of, and under common ownership with,
VTTM 16634. Therefore, for purposes of coordinated planning, zoning and
development and in conformity with the purpose and intent of the PC District,
the corridor has been included in the CDP.
Section 3: Findings Reqardinq Tentative Tract Map.
The Planning Commission finds and determines as follows with regard to Tentative
Tract Map 16634:
--
I. The tentative map, incorporated by reference as Exhibit 2 as if fully set forth
herein, together with the provisions for design and improvements and the
conditions attached hereto as Exhibit 3, are compatible with the objectives,
policies, general land uses and programs specified in the Land Use Element
of the General Plan of the City of San Juan Capistrano and the Whispering
Hills Estates Comprehensive Development Plan (CDP, attached hereto as
Exhibit I), in that the land uses provided for in the tentative map, 15 residential
lots in the west canyon and 140 residential lots in the east canyon, plus open
space, are consistent with the land uses designated on the General Plan Land
Use Policy Map.
2. The tentative map is consistent with all other aspects of the General Plan and
the Whispering Hills Estates Comprehensive Development Plan with respect
to drainage and sanitary facilities and utilities, including all alignments and
grades thereof; location and size of all required easements and right-of-way;
lot size and configuration; traffic access; grading; and such other specific
requirements in the plan and configuration of the subdivision as may be
necessary or convenient to ensure conformity to, or implementation of, the
General Plan and the CDP.
3. The site is physically suitable for the proposed type of development in that it
complies with improvement and land use requirements of the General Plan
and CDP Specific Plan.
L'
Resolution No. 04-6-22-1
Page 4
June 22, 2004
4.
5.
6.
7.
8.
9.
IO.
The site is physically suitable for the proposed density of development in that
the residential density of 0.49 dwelling units per acre is below the maximum
density of 1 .O DU/acre specified on the Land Use Policy Map and in the CDP.
The design of the subdivision and the proposed improvements are not likely
to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or other habitat in that the site is not designated as a
significant vegetative or wildlife habitat area, and does not contain significant
vegetative or wildlife resources in that all potential impacts have been
addressed in the Environmental Impact Report and Addendum for the project,
mitigation measures have been identified to reduce those impacts to a less-
than-significant level, and necessary permits have been issued for the project
by relevant state and federal resource agencies, which identify required
habitat, wetlands, and other mitigation measures.
The design of the subdivision and the types of improvements are not likely to
cause serious public health problems in that all potential health impacts have
been addressed in the Environmental Impact Report and Addendum for the
project, and mitigation measures have been identified to reduce those impacts
to a less-than-significant level.
The design of the subdivision and the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivisions in that there are no existing
easements acquired by the public at large for access through or use of
property within the proposed subdivision.
The proposed tentative map, together with the provisions for design and
improvements, is consistent with the Subdivision Map Act and the City of San
Juan Capistrano's Land Use Code in that the tentative map and required
conditions of approval provide for design and improvements consistent with
the Subdivision Map Act and the City of San Juan Capistrano's Land Use
Code.
The proposed tentative map is consistent with the Subdivision Map Act in that
it has, to the extent feasible, taken into consideration future passive or natural
heating or cooling opportunities.
The proposed tentative map, together with the conditions of approval
regarding the National Pollutant Discharge Elimination System is consistent
with the Subdivision Map Act with regard to water quality.
Resolution No. 04-6-22-1 June 22, 2004
1 I. The proposed tentative map is consistent with the Subdivision Map Act in that
it has taken into consideration the housing needs of the region balanced with
the need for public services.
Section 4: Plannina Commission Recommendation.
In light of the preceding findings, the Planning Commission recommends that the
City Council:
1. Find, on the basis of the Addendum dated June 2004, incorporated by
reference as Exhibit 4 as if fully set out herein, that the Final EIR is
adequate to address the environmental effects and feasible mitigation
measures associated with the Project.
2. Approve Comprehensive Development Plan CDP 04-01, attached hereto
as Exhibit 1, and approve Vesting Tentative Tract Map 16634 dated June
2, 2004, incorporated by reference as Exhibit 2 as if fully set out herein,
subject to the conditions attached hereto as Exhibit 3.
PASSED, APPROVED AND ADOPTED this 22"d day of June, 2004 by the following
L vote, to wit:
AYES: Commissioners Cardoza, Cohen, Ratcliffe and Chairman Neely.
NOES: None
ABSTAIN: None
ABSENT: None
imNeel ,Ch 'r an
PLANNING COMMISSION RESOLUTION NO. 04-6-22-1
EXHIBIT 1:
COMPREHENSIVE DEVELOPMENT PLAN
COMPR€HENSIVE DEVEL OPM€NT PLAN
WHISPERING HILLS ESTATES
PLANNED COMMUNITY
C/TY OF SAN JUAN CAPISTRANO
6/22/04
v COMPREHENSIVE DE VEL OPMEN T PLAN
TABLE OF CONTENTS
CHA PTEWSECTION
CHAPTER 1 :
1 .I
1.2
1.3
1.4
CHAPTER 2:
2.1
2.2
2.3
2.4
CHAPTER 3:
3.1
3.2
3.3
3.4
CHAPTER 4:
4. I
4.2
INTRODUCTION
Purpose and Intent
Size and Location of Property
General Plan and Zoning
Definitions
LAND USE AND CIRCULATION
Land Use
Circulation and Access
Parks and Trails
Public Utilities
PERMITTED USES AND DEVELOPMENT STANDARDS
Introduction
General Provisions
Residential Land Uses
Open Space Land Uses
PROJECT IMPLEMENTATION
Phasing
Zoning Conditions
4.3 Development Review Procedures
PAGE
1-1
1-2
1 -4
1-4
2-1
2-5
2-5
2-5
3-1
3-1
3-1
3-4
4- 1
4-1
4-1
NOTE: Changes made by staff to the draff submitted by the awlicant are shown in
strikeover (for deletions) and double underline (for additions).
I = INTRODUCTION
I .I PURPOSE AND INTENT
This Comprehensive Development Plan (CDP) is intended to implement the PC “Planned
Community” zoning for the Whispering Hills Estates Planned
Community‘.
The Planned Community is composed of the followina two primary areas:
0 Area A: Consistinu of Subarea AI: Vestina Tentative Tract Map 16634
{VTTM 16634), which was under review by the Citv concurrently with this
CDP. and a four-acre “remainder” parcel on the north side of “A Street near
La Pata Avenue (see Exhibit 2); plus Subarea A2: a 34-acre subarea
located in unincorporated territory between the City boundary and La Pata
Avenue which is to be annexed to the Citv.
0 Area B: The 52-acrek San Juan Hills High School site, which is being
purchased from the owner of VTTM 16634 by the CaDistrano Unified School
District (CUSD). Previouslv. as allowed by state law, the CUSD Board of
Trustees overrode the Citv zoninq on this Dortion of the Planned Community
in order to permit establishment of the High School. Therefore, Dermitted
uses and development standards for this Area are under the authority of
CUSD and the Division of the State Architect. Thus, this CDP does not
establish zonina reaulations for Area B.
Section 9-3.31 5 of the City’s Land Use Code (Title 9 of the Municipal Code) identifies the
purpose and intent of the PC District:
“(1) Encourage the use of modern land planning and design techniques to
create developments integrating a mixture of different types of land uses;
Realize the economic, social, and aesthetic advantages of combining
different types of land uses in a coordinated community design, such
developments to be of sufficient size to provide related areas for various
uses, which may include varying housing types; commercial retail and
service activities; industrial uses; recreation, school and other public facilities
and other appropriate land uses. The regulations for the Planned
Community (PC) District are designed to permit the adoption of a
Comprehensive Development Plan (CDP) providing for a diversity of uses,
building relationships, and open spaces within planned building groups,
while insuring compliance with the General Plan and this Code;
‘‘(2)
“(3) To insure, by means of land use regulations and specific conditions of
approval, a more efficient use of open space, the separation of pedestrian
and vehicular traffic, increased project amenities and compatibility with
surrounding development;
‘For purposes of brevity in this CDP, the Whispering Hills Estates Planned Community is sometimes
referred to as ‘Whisperina Hillsnor the “W hisDerina Hills Planned Community“.
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PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
“(4) To achieve the coordinated planning and orderly development of different
contiguous parcels of land by means of an approved Comprehensive
Development Plan; and
“(5) To provide open space, agricultural, and low density residential interim use
of property until a Comprehensive Development Plan is approved and
implemented”.
1.2 SIZE AND LOCATION OF PROPERTY
The Whispering Hills Planned Community is located on -&acres in the southeastern
portion of the City of San Juan Capistrano (see Exhibit 1).
J Of that, Subarea
“AI” consists of 314 acres included in the residential Droiect, VTTM 16634, (see Table 1).
and a remainder parcel of about four acres, which is not a Dart of VTTM 16634. Subarea
“A2” consists of a 34-acre propertv presentlv located in unincorporated territorv between
the Citv boundarv and La Pata Avenue (see Exhibit 2). All or Dart of this territory will be
annexed to the Citv in accordance with a condition of approval on VTTM 16634. Since this
propertv is presentlv outside the boundaries of the Citv, the land use and other reaulations
in this CDP will become active on the proDertv onlv won its prezoninq and annexation to
the City.
Area B is the future public San Juan Hills Hiqh School, occupvinq approximatelv 52 acres.
The propertv has two northwesterly trending ridges (see Exhibit
I). These ridgelines are designated for preservation in the General Plan.
f The propertv also contains two electric transmission
corridors.
..
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PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
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PC RESOLUTlON NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
1.3 GENERAL PLAN AND ZONING
L 1.3.1 GENERAL PLAN
Land Use Desiunations - The City’s General Plan desiqnates the property as “Planned
Community“, “Vew Low Density Residential” (maximum density of one dwelling unit per
acre), and “General Open Space”. The General Open Space desianation was assigned
to the SDG&E transmission line riqht-of-way - extendinq diaqonally throuqh the property.
The two ridgelines on the site are designated as “Major Ridgelines”, to be preserved in
open space per the Conservation and Open Space Element.
Residential Densify - The density of the residential portion of the Planned Community
{VTTM 16634) is 155 dwellina units + 314 acres = .49 du/acre. This is within the maximum
General Plan density of one unit per acre.
Transmission Line Open Smce Desiqnation - The General Open Space desiqnation is
meant to show that the area occupied by the electric transmission lines is to remain in
open space. The abovearound portion will remain in open space. with the central portion
beinq realigned to accommodate the undergrounding of the eastern portion. That
underarounded portion will be relocated in the main entry street, “A street, which is to be
flanked by open space on both sides in the form of hiqh school playfields on the north and
the detention basins on the south. Thus, the General Plan transmission line open space
will be preserved in its undergrounded condition. thouqh with a slightly different alignment.
Therefore, this CDP is consistent with the General Open Space designation.
--
Major Ridqelines - This CDP retains the two maior ridqelines in open space (see Exhibit
- a
1.3.2 ZONING
The property is desiqnated “PC” and “GOS” on the Official Zoninq Map. The PC District
zoninq classification reauires that a Comprehensive Develoment Plan be intearated into
the PC zonina in order to establish permitted land uses and development standards on
a PC-desiqnated property. This is the Comprehensive Development Plan for the
Whisperina Hills PC.
The GOS zonina follows the General Plan General Open Space designation for the
electric transmission corridor. As discussed above under “General Plan”. the preservation
of this corridor in open space is achieved in both its abovearound and underqround
seqments. The transmission line corridor is surrounded on both sides by the area zoned
“PC” on the Zoninq Map. It is also part of, and under common ownership with, VTTM
16634. Therefore, for purposes of coordinated planninq. zonina and development and in
conformity with the pumose and intent of the PC District, the corridor has been included
in this CDP.
I .4 DEFINITIONS
For the purposes of this Comprehensive Development Plan, the term “Land Use Code”
shall mean Title 9 of the City of San Juan Capistrano’s Municipal Code, as last revised.
Unless otherwise indicated herein, all terms used in this Comprehensive Development
Plan shall have meanings as defined in the Land Use Code.
1-4
2. LAND USE AND CIRCULATION
2.1 LAND USE
2.1 .I SUMMARY
This Comprehensive Development Plan
uses and development within the Whispering Hills Planned Community:
provides for the following land
1. A public hiah school.
2. Vestins Tentative Tract Map (VTTM) 16634: A maximum of 155 single family
dwelling units, with a maximum of 15 dwelling units in the west canyon area, on
minimum 30,000-square-foot lots, and the remaining 140 units in the east canyon
area on minimum 10,000-square-foot lots.
3. Open Space-oriented uses on Subarea "A2": a 34-acre
area located between VTTM 16634 and La Pata Avenue to be annexed to the Citv.
This area will also include a Drivate neiahborhood park servincl the east canvon
residential area.
4. The remainder of the property will fi
witt be used for permanent open space, trails, detention basins, habitat
mitigation/restoration, arid utilities, and an electric transmission line corridor.
2.1.2 LAND USE PLAN
Exhibit 2 shows the land use plan for the Whisperina Hills Planned
Community. Table 1 shows the land use distribution for the iamhses various areas
shown on Exhibit 2 4 As shown in Table 1, the gross density
of the residential Dortion of the Planned Communitv, VTTM 16634, is 0.49 dwelling units
per acre (155 dwelling units on 314 acres).
..
As shown on Exhibit 2, a minimum =-foot - wide open space buffer is
established within the west canyon area along its boundary with the existing Hidden
Mountain Estates development (Tract 1 1826). No structures other than fencing and the
project entry for the west canyon residential area will be placed
in the buffer area.
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WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
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WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
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Table 1 :
LAND USE DISTRIBUTION
Approximate ! Acreage Land Use .............................................................................................................................................................................................
Single Family Residential (East Canyon - 10,000 SF Lots) fif) 110
30
.............................................................................................................................................................................................
Single Family Residential (West Canyon - 30,000 SF Lots)
Lot “H” Open Space Area 563 ...............................................................................................................................................................................................
Conservation Easement Area fif) - Permanent Open Space i 169#
T-etat Subtotal - VrrM 16634: i 314t4) ............................................................................................................................................................................................. ...
4 Remainder Parcel on North j
Side of “A Street .............................................................................................................................................................................................
Subtotal - Subarea “AI”: 318 - .............................................................................................................................................................................................
34 Subarea “A2” - Unincorporated ! ..
- - Area to be Annexed to Citv .............................................................................................................................................................................................
Total - Area “A”: - 352 - .............................................................................................................................................................................................
- 52
I 352 404 - acres
Total - Area “B”, San Juan Hills Hiuh School:
TOTAL - Whispering Hills Estates Planned Community:
- - .............................................................................................................................................................................................
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WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6.2004
2.1.3 OPEN SPACE AND RIDGELINE PRESERVATION
There are two general types of open space within b4WWWH4 the Whispering Hills PC:
Natural open space (including open space that has been returned to a naturalized state
after disturbance from grading) and landscaped open space areas. Chapter 3 of this CDP
identifies the permitted land uses within open space areas.
The 169-acre “Conservation Easement” area shown on Exhibit 2 is required bv the
California Department of Fish and Game as part of Streambed Alteration Aareement R5-
2002-0115 and the United States Army Corps of Enaineers as part of Permit No.
200001 593-RLK.
There are two prominent ridgelines running from the northwest to southeast through the
middle of the property (see Exhibit 1). These ridgelines, which join and become one near
the southern edge of VTTM 16634, are designated in the General Plan as “Major
Ridgelines”.
Section 9-3.41 1 (c) of the Land Use Code specifies the following:
“No construction activity, including but not limited to grading on any major ridgeline
so designated on the General Plan Map shall be allowed; more specifically, no
construction activity, including but not limited to grading, shall be permitted within
200 feet (horizontal) of a General Plan designated ridgeline, or as designated on a
final City subdivision map in accordance with required development conditions,
except at as allowed under subsection (e) Exemptions.”
At adoption of this CDP,
gradins for the San Juan Hills Hiah School was beina carried out under the authoritv of
the CaDistrano Unified School District’s override of City zoning on the propertv per state
law. The aradina envelope for the hiah school extends into the east canyon residential
area of VTTM 16634 in order to ensure that stabilitv and other ueotechnical
considerations are addressed. Future development associated with VTTM 16634 will
complv with the ridaeline preservation reauirements of Section 9-3.41 1 of the Land Use
Code.
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WHlSPERlNG HILLS ESTATES
PC RESOLUTlON NO. 04-6-22-1
COMPREHENSlVE DEVELOPMENT PLAN
JUNE 6,2004
2.2 CIRCULATION AND ACCESS
2.2.1 EXISTING ROADWAYS
L
The San Diego Freeway (Interstate 5) provides north-south regional access to+FRd
3-6634 the WhisDerinq Hills PC The freeway is located approximately one and one-half
miles west of the project site. Freeway access is provided at Ortega Highway (SR-74) via
a diamond interchange and by slip ramps south of San Juan Creek Road along Camino
Capistrano and along Valle Road.
The local circulation system in the vicinity of the project site includes San Juan Creek
Road, which is currently a two-lane secondary roadway east of La Novia Avenue, with
sections that have been fully improved to four lanes. La Pata Avenue is a two-lane
roadway east of the VFWPW34 the Planned Communitv. Antonio Parkway connects
with Ortega Highway opposite La Pata. Ortega Highway is a four-lane east-west primary
arterial, ‘ except east of Via Cordova, where it is two lanes.
2.2.2 CIRCULATION PLAN
Primary access to VFWH6EH the Planned Communitv will be provided via La Pata
Avenue to the east canyon area and Avenida La Mancha to the west canyon. There will
be two points of access onto La Pata; a main access controlled by a traffic signal for both
the hiah school and the east canyon area, and a right-turn in only secondary access for -
the hiah school. Exhibit 2 shows the internal circulation system for VTTM 16634.
v 2.3 PARKS AND TRAILS
2.3.1 PARKS
\ A Drivate
neiqhborhood Dark will be provided within the east canyon residential area. The size
location and improvements for the Dark will be determined in conjunction with review of
VrrM 16634.
2.3.2 TRAILS AND BIKEWAYS
Recreational trails and bikewavs will be Drovided in qeneral conformitv with the conceDtual
aliqnments shown on Exhibit 3 and the Citv’s Design Manual for Eauestrian and Hiking
Trails and Citv bikewav standards, subiect to any restrictions imposed by the conditions
of the Conservation Easement Area (California Department of Fish and Game Streambed
Alteration Aqreement R5-2002-0115; United States Army Corm of Engineers Permit No.
200001 593-RLK).
2.4 PUBLIC UTILITIES
Water and sanitary sewer systems will be provided as shown on VTTM 16634. Storm
drain systems will be as provided in the project’s Storm Water Pollution Prevention Plan
and VTTM 16634, and will be installed in accordance with the Clean Water Act Section
401 Water Quality Certification (File No. 02C-039) for the project.
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WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6.2004
EXlSnNG TRAILS
New Trail Connections
(proposed by Cdy Stag
Utrhty Servce Road
, -_
__ . EXHlHT3: CONCEPTUAL TRAILS PLAN -
- L
3.1
3.2
3.3
3.3.1
3.3.2
3. PERMITTED USES AND DEVELOPMENT
STANDARDS
INTRODUCTION
The Planned Community (PC) District regulations included in this Chapter are adopted
pursuant to Section 9-3.315 of the Land Use Code. The purpose of the land use
regulations is to define the permitted uses, development standards and other zoning
regulations for the Whisperinu Hills Estates Planned Communitv.
In cases where a land use or a development regulation is not addressed in this Chapter,
the appropriate section of the Land Use Code (Title 9 of the City of San Juan Capistrano
Municipal Code) shall govern. In cases of conflict between a land use or development
regulation in this Chapter and the Land Use Code, this Chapter shall prevail.
GENERAL fEWBWMS PROVISIONS
The following
uses and development standards related to lot size, setbacks, and building heights.
’,,‘TTkl6634 land use requlations specify permitted land
The Planning Director shall have the authority to review proposed land uses that are not
listed in the land use regulations. The Planning Director shall determine that a proposed
unlisted use may be permitted if the proposed use:
Is compatible with the purpose and intent of
district;
the subiect land use
Is of a nature that is comparable to the principal, temporary or conditional uses
permitted in the subiect land use district: and
Will not be detrimental to property in the vicinity of the proposed use.
RESIDENTIAL LAND USES
P APPLICABILITY AND PURPOSE
The requlations in this Section 3.3 apply to the residential portion of Area “A in the
Whisperinq Hills Planned Community. The purpose of these regulations is to provide for
the development, maintenance and preservation of low density residential development
with single family residences on individual lots, plus associated infrastructure and open
space consistent with the PC Zoning District, and to comply with the City General Plan
Land Use Element that designates the area included in VTTM 16634 as “Very Low
Density Residential”, allowing up to one dwelling unit per acre.
PRINCIPAL USES AND STRUCTURES PERMllTED
1. Single-family detached dwellings.
2. Parks and open space, public or private.
3. Clubhouses, community pools and cabanas.
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PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
4. Bicycle, equestrian and hiking trails.
5. Drainage facilities and detention basins.
6. Public facilities and utilities.
CONDITIONAL USES AND STRUCTURES PERMITTED 3.3.3
1. Second residential units, as provided for in the CaIiforr,,d Government Code, subject
to the requirements of the applicable section(s) of the Land Use Code.
2. Larqe family day care homes servina 14 or fewer children, in accordance with ChaDter
3.6 of the California Health and Safety Code, subiect to the requirements of the
applicable section(s) of the Land Use Code. [Provision for this land use required per
state law]
3.3.4 ACCESSORY USES AND STRUCTURES PERMITTED
1. Home occupations, subject to the requirements of the applicable section(s) of the Land
Use Code.
2. Unlighted tennis courts and other game courts on individual residential lots, subject to
the requirements of the applicable section(s) of the Land Use Code. Night lighting of
such courts is prohibited unless a conditional use permit is approved.
3. Non-commercial keeping of household pets customarily incidental and accessory to
residential use, subiect to the requirements of the amlicable sectionk) of the Land
Use Code. The keeping of wild, exotic, or non-domestic animals is prohibited
4. Swimming pools, spas, fences, patio covers, gazebos, garages and similar structures
and facilities customarily incidental and accessory to residential use, subject to the
requirements of the applicable section(s) of the Land Use Code.
5. Small family day care homes servina 8 or fewer children, in accordance with Chapter
3.6 of the California Health and Safety Code, subiect to the requirements of the
applicable section(s) of the Land Use Code. [Provision for this land use required per
state law]
6. For residences in the west canyon only, the following accessory use is permitted: the
keeping of horses, noncommercial, subject to the requirements of the applicable
section(s) of the Land Use Code.
7. Other accessory uses and structures determined by the Planning Director to be
incidental to the operation of the permitted use.
3.3.5 TEMPORARY USES AND STRUCTURES PERMllTED
1. Model homes, temporary real estates offices and signs within subdivisions, subject to
the requirements of the applicable section(s) of the Land Use Code.
3-2
WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
West Canyon DEVELOPMENT STANDARD
2. Temporary construction facilities, including trailers, subject to the requirements of the
applicable section(s) of the Land Use Code.
East Canyon
3. A temporary caretaker residence during the construction of a permanent single-family
residence on an individual lot, subject to the requirements of the applicable section(s)
of the Land Use Code.
3.3.6 DEVELOPMENT STANDARDS FOR RESIDENTIAL LAND USES
Table 2 specifies the standards for residential development within WFWWW34 the -
Planned Community.
Min. Lot Size 30,000 10,000
Min. Street Frontage: 90 60
....................................................................................................................................................................
Max. Structural Height (ft.) 35 35
Min. % of One-Story Units Per District i - 0 20%
Min. Front Yard Setback (ft)’ 30 20
Min. Side Yard Setback (ft.) 4-015 ; 18f5m3
. ..................................................................................................................................................................
..............................................................................................................................................................
firstf)eer One-Story Homes: ....................................................................................................................................................................
....................................................................................................................................................................
........................................................................................................................................................
25 25 ....................................................................................................................................................................
0.40
Min. Rear Yard Setback (ft)
Max. Floor Area Ratio 0.25
................................................................................................................................................................... %xm+%er Two-Story Homes: j
38 28
38 =l-e
25 25
...................................................................................................................................................................
Same as for One-Story
0.35 0.25
................................................................................................................................................................... All Setbacks:
Floor Area Ratio (1 St floodlot area)
Floor Area Ratio (2”d floor/first floorl i 80% 80% ‘ Minimum street frontaaes for lots on a cul-de-sac or street “knuckle” shall be 40
percent of the minimum street frontaae shown. “Flaa” lot street frontages shall be
minimum 20’. and setbacks shall conform to the requirements of the applicable
section of the Land Use Code.
f For side-entrv tvpe garanes, the front setback may be reduced for the garane
portion onlv to 20’ in the west canvon area and 12’ in the east canvon area.
2 Min. side setbacks may be distributed within each lot in the east canvon as follows:
Min. 6’ one side and min. 14’ other side. In all cases, however. the min. side setback
adiacent to streets shall be 10’.
3-3
WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
3.3.7 SUPPLEMENTAL RESIDENTIAL REGULATIONS
1
Signs, parking, fences, swimming pools and other regulations for residences within WTM
4-6634 the Planned Communitv shall be as provided in the appropriate section(s) of the
Land Use Code.
3.4 NONRESIDENTIAL LAND USES
3.4.1 P APPLICABILITY AND PURPOSE
The PurDose of the reaulations in this Section 3.4 is to Drovide permitted uses and
development standards for the nonresidential areas within the Planned Communitv. The
reaulations in this Section shall awlv to the open sDace and other nonresidential areas
within Area “A, includinq Lots D throuqh H on VTTM 16634, the four-acre+ remainder
parcel outside VTTM 16634 (see Exhibit 2). and the propertv between VTTM 16634 and
La Pata Avenue to be annexed to the Citv. Permitted uses and develoDment standards
for the San Juan Hills Hiqh School site (Area “B) shall be determined bv the CaDistrano
Unified School District and the Division of the State Architect, as provided under state law.
L 3.4.2 PRINCIPAL USES AND STRUCTURES PERMllTED
The followinq Permitted uses applv to all of Area “A, includinq both Subareas “AI” and
‘A2”: and consistinq of all oDen space and other nonresidential areas within Area “A;
I. Parks, plavfields and related facilities.
2. Passive open space.
3. Bicycle, equestrian and hiking trails.
4. Habitat mitigation.
5. Water reservoirs.
6. Electrical, water, sewer and other utility lines.
7. Drainage facilities and detention basins.
8. Fuel modification.
9. Grading necessary to accomplish fe4i$eftft5tt * development.
3-4
WHISPERING HILLS ESTATES
PC RESOLUTION NO. 04-6-22-7
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
3.4.3
3.4.4
- 3.4.5
CONDITIONAL USES AND STRUCTURES PERMITTED
WeRe: The foilowina conditional uses amlv onlv to Subarea “A2“: the propertv between
VTTM 16634 and La Pata Avenue and shall onlv become applicable upon prezoninq and
annexation of that area to the City:
1. Recreation vehicle storaae
2. Educational facilities
3. Commercial outdoor recreation
4. Commercial horse stables
5. Communication transmittinq, receivinq and relav facilities
6. Wholesale plant nursery, with no sellina to the qeneral public
7. Utilitv buildinqs
ACCESSORY USES AND STRUCTURES PERMITTED
Accessory uses and structures incidental to the operation of a permitted use, such as
signage, fences and walls
TEMPORARY USES AND STRUCTURES PERMITTED
Temporarv construction facilities, includinq trailers, subiect to the requirements of
the applicable section(s) of the Land Use Code.
3.4.6 DEVELOPMENT STANDARDS FOR NONRESIDENTIAL LAND USES
For nonresidential portions of Area “A. permitted structures and facilities and
develoPment standards shall be determined in coniunction with apDroval of the structure
or facilitv bv the Citv. For San Juan Hills Hiqh School (Area “BL setbacks. building
heiqhts. and other development standards are not requlated bv this CDP, and shall
instead be determined bv the Capistrano Unified School District and the State Architect.
3-5
4. PROJECT IMPLEMENTATION
4.1 PHASING
Phasing of development, roadways and utilities serving the residential portion of the
Planned Community shall be determined in conjunction with the approval of VTTM 16634.
The anticipated phasinq of home construction in the residential portion is shown in Exhibit
4. However, this phasinq plan is conceptual onlv and may not occur preciselv as shown
on the Exhibit as development proceeds.
4.2 ZONING CONDITIONS
4.2.1 ADMINISTRATION OF ZONING CONDITIONS
The zoninq conditions set forth herein are incorporated into this CDP approval. Anv
subdivision map application filed with the Citv under this CDP shall strictlv conform to the
CDP plan and the zoninq conditions set forth in this Section 4.2.
The purpose of the conditions and other requirements in this Section is to ensure
consistencv of development in the Whisperina Hills Planned Communitv with the General
Plan, Land Use Code. this CDP, and the mitiqation measures identified in the
Environmental Impact Report prepared for the proiect. The requirements listed in this
Section shall be in addition to other conditions of approval on tentative maps, site plans,
and other entitlements.
4.2.2
4.2.3
4.3
The Citv Council mav modify anv of the conditions in this CDP without an amendment to
the CDP if it determines that such modification is necessarv to ensure appropriate timing
and desiqn of required implementation measures or to otherwise advance the Purpose
and Intent of the CDP (as set forth in Chapter 1).
MITIGATION MEASURES FROM EIR
The mitigation measures identified in the Mitigation Monitoring Program for the
Environmental Impact Report (EIR) shall be imposed by the City Council. The Planning
Director may modify such mitigation measures or impose substitute mitigation measures
if the Director determines that such modifications or substitute measures are necessary
to ensure the feasibility of the mitigation measure and/or to achieve its purpose as
identified in the EIR.
BUFFER BETWEEN WEST CANYON AND HIDDEN MOUNTAIN ESTATES
A minimum 500-foot - wide open-space buffer area shall be established and maintained
within the west canyon area along its boundary with the existing Hidden Mountain Estates
development (Tract 1 1826). No structures other than fencing and the new proiect entry
shall be placed in this buffer area.
DEVELOPMENT REVIEW PROCEDURES
All residential teb development within VFMHM34 the Planned Community, except
custom homes on individual lots, shall be subject to review and approval of development
plans by the Planning Commission in accordance with the development review process w, as set forth in the applicable section(s) of the Land Use Code.
4-1
WHISPERING HILLS ESTATES
PC RESOLUTiON NO. 04-6-22-1
COMPREHENSIVE DEVELOPMENT PLAN
JUNE 6,2004
Residential trtits buildina permits allowed in a given year shall be subject to the
requirements of Section 9-2.325 of the Land Use Code (Growth Management, exceDt as
otherwise modified throuqh adoption by the City Council of a Development Asreement for
the proiect.
4-2
L WHISPERING HILLS ESTATES PC RESOLUTION NO. 04-6-22-1 COMPREHENSIVE DEVELOPMENT PLAN JUNE 6,2004
EXHIBIT 4: CONCEPTUAL PHASING PLAN
4-3
PLANNING COMMISSION RESOLUTION NO. 04-6-22-1
EXHIBIT 2:
VESTING TENTATIVE TRACT MAP1 6634
(Dated 6/2/04, on file at the City Planning Department)
PLANNING COMMISSION RESOLUTION NO. 04-6-22-1
EXHIBIT 3:
TENTATIVE MAP CONDITIONS OF APPROVAL
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP 16634
NOTE: For the purposes of these conditions of approval, the term “applicantlsubdivider” shall
mean, as applicable in the individual condition, the tentative map applicant or the applicant’s
successor in grading or developing the property or in providing on-site or off-site
improvements.
THE FOLLOWING CONDITIONS SHALL BE ONGOING UNTIL SATISFIED OR SHALL BE
SATISFIED AT THE TIME INDICATED:
1.
-
A.
B.
C.
D.
Leqal Defense. The applicantlsubdivider, its agents, and assignees shall defend,
indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed
officials and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, void, or annul any land use approval associated with this
project, including but not limited to environmental impact report requirements under
CEQA, rezoning approvals, subdivision map approvals, or other applicable City
Municipal Code Title 9 land use approvals. Upon notice provided by City to the
applicantlsubdivider, its agents, or assignees, of service of process of such claims or
actions, the project proponent, its agents, and assignees, shall immediately act to
provide an appropriate defense to such claims or actions. (Plng.)
Mitiqation Monitorina Proqram. This project shall comply with the Mitigation Monitoring
Program adopted in conjunction with the Environmental Impact Report prepared for the
project. (Plng.)
CDP Zoninq Conditions. This project shall comply with the Zoning Conditions specified
in Chapter 4 of the current adopted Comprehensive Development Plan for the project.
(Plng. & Engr.)
Annexation. Prior to approval of the first final tract map for the east canyon residential
area, the property owned by the applicantlsubdivider between the present City boundary
and the ultimate right-of-way of La Pata Avenue along the eastern boundary of the high
school site and the east canyon residential area shall be annexed to the City, after
approval of the necessary General Plan Amendment and prezoning, unless another
schedule for annexation is approved by the City Manager. (Plng.)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIORTO CITY COUNCIL
APPROVAL OF THE FIRST FINAL MAP OR EACH FINAL MAP, AS INDICATED
BELOW, OR IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT
AGREEMENT:
1 .I. Access Riqhts from La Pata Avenue. Prior to approval of the first final tract map in the
east canyon residential area or issuance of grading and right-of-way improvement
permits, the applicantlsubdivider shall demonstrate to the City Engineer that permanent
access from La Pata Avenue, as shown on Tentative Tract 16634, has been granted to
the applicantlsubdivider by the County of Orange and by the holders of easements on
the property between La Pata Avenue and Tentative Tract 16634. (Engr.)
1.2. Maintenance Road and Barrier - Camino Lacouaque. Prior to approval of the first final
map, the applicantlsubdivider shall submit plans for a 16-foot wide paved maintenance
road extending from the present terminus of Camino Lacouague to the high school site
- 1.3.
- 1.4.
PC Resolution No. 04-6-22-1
Conditions of Approval: VrrM 16634
Page 2 of 24
and a gated fence or other barrier to control vehicular access to the maintenance road.
The plans shall be approved by the City Engineer. Said road and barrier shall be
constructed by the applicantkubdivider prior to issuance of the first residential building
permit, other than model homes. Any deviation from these requirements shall be subject
to prior City Engineer review and approval. (Plng., Engr.)
Access to Citv Open Space Propertv. Prior to approval of the first final map, the
applicantlsubdivider shall submit to the City Engineer for review, and shall obtain
approval of, improvement plans for a 20-foot wide all-weather road to provide vehicular
access between La Pata Avenue and the City-owned open space property north of the
high school site. The plans shall be approved by the City Engineer. Said road shall be
dedicated to the City on the final map and shall be constructed by the
applicanffsubdivider at no cost to the City prior to issuance of the first residential building
permit, other than model homes. Any deviation from these requirements shall be subject
to prior City Engineer review and approval. (Engr.)
Park Fees and Private Park. Prior to approval of each final map, the applicanffsubdivider
shall pay a park fee in accordance with the provisions of the Municipal Code for the lots
in that final map. The “private park” to be located in the “east canyon” residential area
shall be eligible for credit against such in-lieu park fee in an amount equal to ten percent
of the value of the land area of said park, based on the City’s per-acre land valuation,
provided the following conditions are met (Plng., Engr.):
a. The precise land area of the private park shall be determined by the City Engineer
prior to approval of the final map containing the park site. The private park shall be
included within the tract as a lettered lot on the final map. Also, if the annexation
described in Condition “D”, preceding, does not occur for any reason, the
applicanffsubdivider shall obtain formal approval from the County of Orange for the
private park to be located in County territory as shown on the tentative map, or the
map shall be redesigned to relocate the park in City territory.
b. The private park shall be improved by the applicantkubdivider prior to issuance of the
first building permit in the east canyon (other than model homes) or prior to City
release of the first model home in the east canyon for model home use, whichever
event occurs last. These improvements shall be in accordance with final plans which
shall be prepared by the applicanffsubdivider and approved by the Parks, Recreation
and Equestrian Commission, and may consist of but shall not necessarily be limited
to: grading, turf, trees, shrubs, groundcover, irrigation, picnic benches and tables,
play equipment for young children, and walkways and other hardscape.
c. Prior to approval of the applicable final tract map for the east canyon residential area,
a minimum six-foot wide pedestrian path shall be shown on the final map from the “E”
Street cul-de-sac to the private neighborhood park east of “B” Street. The pathway
shall be shown on the precise grading plan and improved by the applicantlsubdivider
to the satisfaction of the Planning Director per the following schedule: temporary
unpaved surfacing prior to issuance of the first building permit for Lots 13 and 14, and
final paved surfacing prior to release of performance securities for the east canyon
area.
d. The applicant/subdivider shall pay to the City the difference between the
applicant/subdivider’s park fee obligation and the credit given for the preceding
- 1.5.
- 1.6.
- 1.7.
- 1.8.
- 1.9.
- 1.10
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 3 of 24
private park, as determined by the City in accordance with the Municipal Code.
Street and Development Names. Prior to approval of each final map, the applicant shall .
submit to the City's Planning Director for review, and shall obtain approval of, the name
of the development or developments and the names of all proposed streets within the
tentative tract's boundaries. The Director shall confirm that said development names and
street names do not duplicate existing development and street names in the City. All
approved street names shall be indicated on the Final Map. (Plng.)
Compliance with Map Act and Municipal Code. Prior to approval of each final map, the
tracffparcel map shall be prepared and submitted in full compliance with the State of
California Subdivision Map Act and the City of San Juan Capistrano Municipal Code,
except as authorized by the City Council and/or Planning Commission. (Engr.)
Pavment of Fees and Postinq of Sureties. Prior to approval of each final map the
applicantkubdivider shall fulfill all applicable engineering fee requirements in accordance
with the City Municipal Code, as last revised, the City Water Schedules of Rates and
Charges, as last revised, and post securities to insure satisfaction performance of
proposed improvements, including but not limited to, on-site and off-site grading,
drainage, landscape and irrigation, erosion and sediment control, sewer, water, street
and all appurtenant improvements. (Engr.)
Storm Runoff, Hvdraulic/hvdroloav Calculations. Prior to approval of each final map, the
applicantkubdivider shall submit to the City Engineer for review, and shall obtain
approval of, a Storm Runoff Management Plan prepared by a Registered Civil Engineer.
The Management Plan shall show existing and proposed facilities, provide for
acceptance of historic drainage from adjacent upstream properties, show hydraulic and
hydrology studies and calculations and the methods of draining on-site and tributary
areas without exceeding the capacity of any impacted street or facility and without
affecting existing downstream drainage system. Said study shall be consistent with the
City's Master Drainage Plan and in accordance with all applicable City regulations and
Orange County Public Facilities & Resources Department (PF&RD)design criteria, and
standards. (Engr.)
Soils/Geoloqv. Prior to approval of each final map or grading plan, whichever comes
first, the applicanthbdivider shall submit to the City Engineer and Building Official for
their review, and shall obtain approval of, a Soils RepoNGeotechnical Feasibility Study
prepared by a Registered Geologist and Soils Engineer to determine the seismic safety
and soils stability of all proposed development improvements for the project and any
affected adjacent properties and to provide preliminary pavement sections and
substructure bedding/backfill recommendations. (Engr.)
. Wastewater Study. Prior to approval of the first final map, the applicanthubdivider shall
submit to the City Engineer for review and shall obtain approval of, a Wastewater
Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed
development project and mitigates its anticipated impact on the existing Wastewater
facilities system. Said study shall be consistent with the City's Master Plan of
Wastewater Facilities and the Special Provisions for the Construction of Sanitary
Sewers. Any deviation from these requirements shall be subject to City Engineer review
and approval. (Engr.)
PC Resolution No. 04-6-22-1
Conditions of Approval: VrrM 16634
Page 4 of 24
- - 1 .I 1. Gradinq Plans. Prior to approval of the first final map, the applicantkubdivider shall
submit to the Planning Director for City review and approval, a mass grading plan for the
entire project site or separate mass grading plans for the east canyon and west canyon
areas of the site. Such plan@) shall be in substantial conformance with the grading
concept shown on the approved tentative map.
Following City approval of the mass grading plan@), and prior to approval of each final
map, the applicantkubdivider shall submit to the City Engineer and Building Official for
their review, and shall obtain approval of, final grading plans prepared by a Registered
Civil Engineer consistent with the approved mass grading plan. These plans shall show,
at minimum, the limits of grading, the drainage, retentioddetention basins, sewer, water,
trails, parkways, streets and all appurtenant improvements. The extent of the topography
shall be extended sufficiently beyond the tract’s boundaries to determine the geological
and drainage impacts to adjacent properties. The elevations shall correspond with the
Orange County benchmark datum. All drainage must be conveyed to the street or a City
approved drainage facility.
All grading plans shall be subject to review by a third-party geotechnical consultant
retained by the City to ensure geotechnical stability to the satisfaction of the City
Engineer. (Plng. & Engr.)
u
- 1.1 2. Drainaqe Barrier Between SloDes and Streets. Prior to approval of each final map, the
grading and street improvement plans shall show that all street sections located within
20 feet or less from the toe of a slope of 10 feet or more in height are protected from
underground water seepage by provision of a positive drainage barrier system, at the
applicantlsubdivider’s cost, in accordance with City Standard Drawing No. 350. Any
exception shall be subject to review and approval by the City Engineer. (Engr.)
- 1.13. Erosion & Sediment Control Plans. Usinq Best Manaqement Practices. Prior to approval
of each final map or issuance of grading and right-of-way improvement permits,
whichever comes first, the applicantkubdivider shall submit to the City Engineer and
Building Official for their review, and shall obtain approval of, Erosion/Sediment Control
Plans and programs, prepared by a Registered Civil Engineer, for the regulation and
control of pollutant run-off by using Best Management Practices (BMP’s). These plans
shall show all temporary and permanent erosion control devices, effective planting of
graded slopes, practical accessibility for maintenance purposes and proper precautions
and fences to prevent public trespass onto certain areas where impounded water may
create a hazardous condition. In order to control pollutant run-off, the
applicantkubdivider shall demonstrate to the satisfaction of the City Engineer that all
water quality best management practices incorporated into Whispering Hills Estates,
shall be designed in accordance with the National Pollutant Discharge Elimination
System (NPDES) standards, and the requirements of Sections F.l .b(2)(b) and
F.l .b(2)(c) of California Regional Water Quality Control Board (San Diego Region) Order
No. R9-2002-0001 and City guidelines and regulations, and shall show evidence
satisfactory to the City Engineer that a permit has been obtained. (Engr.)
- 1.14. Runoff Control and Water Qualitv Manaqement Proaram.
a. Prior to issuance of a mass or rough grading permit, the applicant/subdivider shall
prepare and submit to the City Engineer for review, and shall obtain approval of,
erosion and sediment control plans prepared by a registered Civil Engineer. All
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 5 of 24
erosion and sediment control measures as specified in said approved plans shall be
implemented during the mass and rough grading operation to the satisfaction of the
City Engineer.
b. Prior to issuance of precise grading permit, the applicantlsubdivider shall submit to
the City Engineer for review, and shall obtain approval of, grading plans, erosion and
sediment control plans, a Water Quality Management Plan (WQMP), and drainage
plans prepared by a registered Civil Engineer.
- 1.15. Drainaae lmmovement Plans. Prior to approval of each final map, the
applicantlsubdivider shall submit to the City Engineer for review and shall obtain
approval of Drainage Improvement Plans specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans shall show locations of
all existing and proposed facilities.
Detentionhetention basins shall be designed to accommodate the 1 00-year storm flow
with engineered secondary overflow devices. A secondary overflow shall be also
provided for storm drain systems designed with sump conditions to preclude flooding of
private properties. All proposed street catch basins shall be lined with curb inlet filters
or equal devices which meet the National Pollutant Discharge Elimination System
(NPDES) requirements and the City Engineer. Storm drain junction structures and catch
basins shall be provided with access manholes as deemed necessary by the City
Engineer. All drainage must be conveyed to the street or a City approved drainage
facility.
If an existing downstream drainage facility, whether it is a storm drain pipe, an open
drainage channel, or an inlet basin, is inadequate or does not meet current City
standards or, in the opinion of the City Engineer, is unsafe to properly carry the existing
discharge and the proposed discharge generated by this project, the
applicantlsubdivider shall then, at applicantlsubdivider cost, design and implement
alternative methods of improvement for properly conveying such discharge, free of
debris, in a manner acceptable to the City Engineer. Any deviation from these
requirements shall be subject to City Engineer review and approval. Every proposed
drainage system shall be placed within its proper easement and appropriately dedicated.
The base of all slopes over ten feet in height located within 20 feet of a street section or
which are adjacent to residential lots shall be provided with toe drains or other drainage
devices approved by the City Engineer, in order to prevent water, mud or debris from
damaging or flowing onto such streets or lots. (Engr.)
- 1.16. Public Facility Easements to be in Lettered Lots Maintained bv HOA. Prior to approval
of each final map, the applicantlsubdivider shall demonstrate to the satisfaction of the
City Engineer that public facilities, such as drainage, sewer and water, are designed to
be located within the right-of-way. Any deviation shall require prior authorization from the
City Engineer. If facilities are proposed in easements, said easements shall be placed
in lettered lots and their surfaces shall be maintained by the Homeowner's Association.
Any exception shall be subject to review and approval by the City Engineer. (Engr.)
u - 1.17. Connection to Public Drains must be Documented and Filed. Prior to approval of each
final map, the applicantlsubdivider shall demonstrate to the satisfaction of the City
Engineer that any proposed connections to existing publicdrainage system, from on-site
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 6 of 24
drains, must be approved by the City Engineer. (Engr.)
- 1.1 8. Dry Utilities (Electric. Telephone, Cable TV, Gas). Prior to approval of each final map,
the applicanffsubdivider shall submit to the City Engineer for review, and shall obtain
approval of, Electrical, Gas, Telephone and Cable Television installation plans to ensure
compatibility with existing and proposed improvements. All utility facilities shall be
underground. Vaults, transformers, juncture boxes, or any similar devices shall not be
permitted above ground. Any deviation from these requirements shall be subject to prior
City Engineer review and approval. (Engr.)
- 1.19. Sewer and Water Plans. Prior to approval of each final map, the applicant/subdivider
shall submit to the City Engineer for review, and shall obtain approval of, sewer and
water plans prepared by a Registered Civil Engineer. These plans shall be specific to
the project and shall reflect consistency with the City’s Sewer and Water Master Plans,
City standards, specifications and codes, and the City water standards and water
specifications. The sewer plans shall include at minimum, a 16-foot wide paved
maintenance road, extending from the present terminus of Camino Lacouague to the
high school site. The sewer plans shall indicate that all proposed sewer manholes shall
be lined with polyurethane, or equal approved material, at the applicantkubdivider’s cost
to the satisfaction of the City Engineer. Any deviation from these requirements shall be
subject to prior City Engineer review and approval. (Engr.)
- 1.20. Street Improvement Plans. Prior to approval of each final map, the applicanffsubdivider
shall submit to the City Engineer for review, and shall obtain approval of, street
improvement plans prepared by a Registered Civil Engineer. These plans shall show all
existing and proposed improvements including, but not limited to, traffic calming devices,
striping, signage, signalization, storm drain, sewer, water and all related appurtenances.
The street improvement plans shall conform to the following requirements: (Engr.)
a. Maior Entry Street. Unless a legal recorded document is provided to the City by the
Capistrano Unified School District which permits the general public to utilize “A Street
(extended), from “D” Street, westerly, up to and including the proposed traffic
circle/turnaround, said “A Street, which begins at La Pata Avenue, shall be designed
to terminate with a cul-de-sac. The cul-de-sac shall have a minimum radius of 38 feet
if parking is prohibited, and a minimum radius of 46 feet if there is a potential to allow
parking any time in the future. “A Street, between La Pata Avenue and “D” Street,
shall have a minimum curb-to-curb width of 64 feet and a landscaped center median.
All landscaped areas, including the center median and parkways, shall be maintained
by the master homeowners association or the homeowners association for the East
Canyon residential area, and provisions for such maintenance shall be provided in
the Covenants Conditions & Restrictions (CC&Rs). Any deviation or exception to this
condition shall require the City Engineer’s review and approval.
b. West Canvon Streets. Streets in the “west canyon” residential area shall have a
sidewalk on the side of the street with homes and a feeder equestrian trail on the
other. Width and design details shall be approved by the City Engineer, and any
deviation from this requirement shall be subject to prior City Engineer review and
approval.
c. Local Streets. All local streets within the project shall have a minimum curb-to-curb
width of 36 feet.
- 1.21.
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Conditions of Approval: VTTM 16634
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d. Catch Basins and Gutters. For street sections with grades less than or equal to five
percent, the maximum distance between catch basins shall not exceed one 1000
feet. For streets sections with grades greater than five percent, the maximum
distance between catch basins shall not exceed 750 feet. Catch basins shall be
designed so that there is no driveway within 20 feet upstream of the catch basin and
such that the basin will function as anticipated. Cross gutters shall not be allowed at
street intersections if a storm drain is within 300 feet. Any deviation shall require the
City Engineer’s review and approval.
e. Desian Speeds for Streets. Street improvement plans shall be designed per City
standards. Arterial streets shall be designed for a minimum design speed of 35 miles
per hour (mph) and sight distances of 45 mph at all intersections. All other streets
shall have design speeds and sight distances of 25 and 35 mph, respectively, and
shall be designed to the satisfaction of the City Engineer.
e. Sidewalks. Sidewalks shall be provided on both sides of all local residential streets
where houses are constructed on both sides, with a landscaped parkway between the
sidewalk and the street curb. Where houses are not constructed along one side of
a street frontage, a grassy swale, in compliance with NPDES requirements, shall be
constructed for filtration purposes in lieu of the sidewalk. Any deviation to such
standards shall require a special authorization from the City Engineer.
f. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk or
parkway which reduces the width to less than four feet, in compliance with the
American with Disabilities Act (ADA) requirements.
g. Potential Gated Entries. Streets that may serve as potential gated entries shall be
designed wide enough and in accordance with Municipal Codes 8-1 3.1 01 et seq. to
accommodate such improvements in conformance with City standards. The minimum
number of lanes at the call box, entering into the project, are two with a minimum
width of 14 feet each. The minimum number of lanes at the call box, exiting the
project, may be one with a minimum width of 16 feet. The design of the radiuskurn-
around shall be wide enough to handle large turning radius delivery vehicles. The
minimum distance, from the projection of the cross-street curb face to the call box
shall be a minimum 100 feet. Any deviation to these requirements shall require a
special authorization from the City Engineer.
h. Street Liahts. Street lights shall be provided, with Mission Bell fixtures on marbelite
poles. Any exception or deviation from the above requirements shall be subject to
review and approval by the City Engineer.
Traffic Improvement Plans. Prior to approval of the first final map, the
applicantkubdivider shall submit to the City Engineer for review, and shall obtain
approval of, traffic improvement plans for all streets within the subdivision and “A Street
prepared by a Registered Traffic Engineer. These plans shall show the striping, signage,
signalization and all related appurtenances. Accompanying Traffic Control Plans shall
be required prior to commencement of any street improvement work. Any exception or
deviation to the above requirements shall be subject to review and approval by the City
Engineer. (Engr.)
- 1.22. Tentative Mao Compliance and Closure Calculations. Prior to approval of each final
W
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PC Resolution No. 04-6-22-1
Conditions of Approval: V77M 16634
Page 8 of 24
map, the applicanthubdivider shall submit to the City Engineer for review, and shall
obtain approval of, a final map in substantial compliance with the approved tentative
map. Said map shall be accompanied with traverse closure calculations, a plotted
American Land Title Association (ALTA) survey and an updated Title Search Report.
Any exception or deviation to the above requirements shall be subject to review and
approval by the City Engineer. (Engr.)
- 1.23. Homeowners Association-Maintained Improvements. Prior to approval of each final map,
the applicantkubdivider shall indicate on the final map that all improvements, including
but not limited to, streets, drainage, street lights, street signage, striping improvements,
the water quality best management practices identified in the Water Quality
Management Plan (WQMP), parks, graded slopes, landscaping, and irrigation facilities
within the interior of the subdivision designated as private, shall be maintained by the
master association and/or sub-association or shall make other provisions for
maintenance to be approved by the City. Graded perimeter slopes, fuel modification
areas and natural open space are shown aggregated as a single lot on the tentative
map. To facilitate maintenance and disposition of these categories of open area, graded
perimeter slopes and fuel modification areas shall be placed in separate lettered lots
from natural open space areas on the final map(s). In addition, an open space easement
covering the entire natural open space area shall be dedicated to the City on the final
map(s), at no cost to the City, for preservation of open space with no obligation to the
City for maintenance or liability. (Engr.)
- 1.24. Dedications and Maintenance ResDonsibilitv. Prior to approval of each final map, the
applicantkubdivider shall indicate on the final map, to the satisfaction of the City
Engineer, all appropriate dedication and access rights, stating their purposes and their
maintenance responsibilities. (Engr.)
- 1.25. Trail and Bikeway Dedications. Prior to approval of each final map, the
applicanthbdivider shall design to City trail standards, improve, and dedicate, at no
cost to the City, the trails listed below and shall show the easement dedications on the
final map. Any deviation from the trail requirements shall be subject to prior review and
approval by the City Engineer. (Engr.)
Trails shall be improved and easements dedicated to the City for all public hiking,
equestrian and bicycle trails located within parcels belonging to the HOA or within
parcels which are privately owned. Trails within existing or proposed City-owned parcels
and/or open space do not require separate trail easements. Said dedicated trails shall
include:
a. A minimum 20-foot wide trail and easement for any General Plan Trail located outside
existing or proposed City-owned parcels.
b. A minimum 10-foot wide trail and easement from the northwest tract boundary to the
existing trail at the present terminus of Avenida La Mancha (Tract 1 1826).
c. A minimum 10-foot wide trail and easement linking the existing trail at the terminus
of Avenida La Mancha, to the ridgeline trail extending from Tract 13823 (Juliana
Farms). Said easement shall only be required for those trail portions located outside
parcels proposed to be City-owned.
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 9 of 24
d. A minimum IO-foot wide feeder trail or trails providing access from all residential lots
in the West Canyon area to the City’s trail system.
e. A minimum 16-foot wide trail and easement from the former (Love) stable on City
open space land southward along the eastern boundary of the tract to “A” Street near
La Pata Avenue, and from there: (1) westward to the major ridgeline trail, and (2)
southward to the Prima Deschecha trail. Said trail shall be routed along the eastern
boundary of the high school, crossing the secondary access road to the High School
and “A Street at their intersections with La Pata Avenue. An equestrian-height
pedestrian button shall be provided at the intersection of “A Street and La Pata to
allow safe crossing of “A” Street. The westward branch of this trail shall then go west
along the south side of “A” Street, cross “D” Street either at its intersection with “A’
or “E” Streets, and then connect to the existing trail on the ridgeline west of the east
canyon residential area by way of a minimum IO-ft. wide trail adjacent to the SDG&E
access road. The southward branch of the trail shall extend southward from “A
Street to the south tract boundary. The City Engineer may modify this condition if he
determines that construction of the trails as described is infeasible or that other trail
connections will serve the same purpose.
f. If the City Engineer determines that the trail connections described in “e” preceding
cannot be accomplished for any reason, he shall require the following: a minimum 10-
foot wide feeder trail and easement extending along the north boundary of the high
school site from the emergency access road to the City’s stable site. The City
Engineer may modify or eliminate this condition if he determines that construction of
the trail as described is infeasible or that other trail connections will serve the same
purpose.
The applicanffsubdivider shall construct all street and trail improvements within the
preceding dedications in accordance with the applicable City Standards and Trail Design
Manual or to the satisfaction of the City Engineer, subject to the limitations imposed by
outside agencies for habitat preservation and/or by mitigation requirements, as approved
by the City Engineer. City standard trail fencing shall be installed, except as otherwise
required by state or federal resource agencies. Also, wire fencing in open space areas
may be substituted upon approval by the City Engineer.
1.26. CC & R’s. Prior to approval of each final map, the applicanffsubdivider shall submit for
review, and shall obtain the approval of, the Planning Director, City Engineer, Public
Works Director, and City Attorney, a set of Covenants, Conditions and Restrictions
(CC&R’s). Said CC&R’s shall be recorded with the final map and shall include, but not
be limited to, the following:
a. Creation of a Homeowner Association and/or a Sub-Association for the purpose of
providing for control over the uniformity of boundary fencing, and the perpetual
maintenance responsibility of areas including, but not limited to, all common areas,
open space, project entries, slopes, fuel modification zones, private medians and
greenbelts, private parks, irrigation systems, landscaped areas, walls, driveways,
parking areas, structures, private streets, street lights, drainage facilities, and all
other areas to be owned and maintained by the Homeowner Association and/or
Sub-association. All improvements, including but not limited to, streets, drainage,
street lights, street signage, striping improvements, parks, graded slopes,
landscaping, and irrigation facilities within the interior of the subdivision designated
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 10 of 24
as private shall remain private and shall be maintained by the Homeowner
Association and/or Sub-association, or shall make other provision for maintenance,
as approved by the City Council. (Engr.)
b. A statement indicating that the Homeowner Association, or another entity approved
by the City, shall be responsible for maintenance of the graded knoll and adjacent
slope east of the high school site, unless the Planning Director determines that
maintenance will be assumed by the Capistrano Unified School District or another
entity. (Plng & Engr.)
c. The establishment of setback and height requirements for additions and accessory
structures conforming to the development standards of the Comprehensive
Development Plan for the project and the San Juan Capistrano Land Use Code.
(Ping.)
d. A statement indicating that open space (as provided in the lettered lots on the
tentative map) shall be retained as indicated on the final map by the Homeowners
Association, or other entity approved by the City, as designated open space with no
structures allowed in perpetuity and maintained by a Homeowner Association and/or
the Sub-association or other entity approved by the City, and that no development
or encroachment shall be permitted within the designated open space, except as
permitted for the Open Space district in the project's Comprehensive Development
Plan. (Plng.)
e. A statement indicating that proposed amendments to any of the CC&Rs shall be
submitted for review to the Planning Director and that, if the Director determines
that the amendment affects any project conditions of approval or other City
regulations or requirements, the amendment will then require City Council approval
prior to the amendment becoming valid. (Plng.)
f. Fire prevention and defense provisions including: 1) a fire lane map, if required by
the Fire Chief; 2) provisions which prohibit parking in fire lanes and a method of
enforcement; 3) provisions for maintenance of fuel modification zones including the
removal of all dead and dying vegetation and the inspection and correction of any
deficiencies in the irrigation system three times a year; 4) a method for keeping fire
protection access easements unobstructed; and 5) a requirement for approval of the
Fire Chief for modifications such as installation of speed humps or bumps, control
gate changes, or parking changes. (Fire)
g. Criteria for maintenance of and prohibition of building construction or ornamental
landscaping within private drainage facility easements, slopes and fuel modification
zones within the project by the HOA (Engr.)
h. A Surficial Soil Remediation Program consistent with the Title 9, Chapter 10 of the
Municipal Code. (Engr.)
i. Provisions for maintenance by the homeowners association of the water quality best
management practices identified in the Water Quality Management Plan (WQMP),
of all private drainage facilities, including retentioddetention basins, that are made
a part of the National Pollutant Discharge Elimination System (NPDES) permit
issued by the City, and for inspection of open channels and catch basins annually.
--
PC Resolution No. 04-6-22-f
Conditions of Approval: VTTM f 6634
Page f f of 24
In addition, a provision shall be included which establishes a separate fund for the
sole purpose of maintaining such facilities. (Engr.)
j. A provision that gives the City the right to assume maintenance of any NPDES
facilities, if the City determines that the homeowners association has not maintained
said facilities in accordance with the permit requirements, and that, in such event,
the homeowners association shall be financially responsible to pay City for the costs
the City incurs in such maintenance role. (Engr.)
k. A provision that requires City approval of any amendment to the CC&Rs that will,
in any manner, affect the maintenance, function, or integrity of NPDES facilities.
(Engr.)
I. A statement indicating that by October first of every year, annual fiscal year reports
will be furnished to the City in compliance with the reporting requirements of codes
and ordinances adopted by the City with respect to the NPDES program. (Engr.)
m. A provision that requires the west canyon lot owners andlor homeowners
association to participate in the cost of moving the existing entry gate at San Juan
Creed Road and Avenida La Mancha further away from San Juan Creek Road, if
and when such a gate is constructed. (Engr.)
- 1.27. Prior to approval of the first final map, the applicanffsubdivider shall submit, for review
and approval of the Planning Director, a buyer's notification disclosure form to be given
to all potential buyers which indicates the existence, operations, characteristics, and/or
hazards of the following: (Ping.)
a. The Prima Deschecha Landfill.
b.
c.
d.
e.
f.
The United States Marine Corps Base at Camp Pendleton.
The San Onofre Nuclear Generating Station.
The Foothill Corridor alternative alignments.
The future extension of La Pata Avenue.
The planned non-domestic water reservoir within the project.
A place for the buyers' written acknowledgment of these factors shall be provided on the
disclosure forms. Copies of forms signed by the buyer shall be provided to the Planning
Director or designee within 30 days of the close of escrow.
1.28. Construction Cost Estimates. Prior to approval of each final map, the
applicantkubdivider shall submit to the City Engineer for review, and shall obtain
approval of, an estimate of quantities and construction costs prepared by a Registered
Civil Engineer of all proposed improvements associated with this development. Said
estimates shall include, but not be limited to, the costs for construction of all street
improvements, signing and striping, trafficsignals, street lights, on-site and off-site storm
drains, water and sewers, landscape, irrigation systems, recreational trails, and the
setting of survey monuments and centerline ties. Any exception to or deviation from this
condition shall be subject to review and approval by the City Engineer. (Engr.)
'V - 1.29. Bonding and Securities. Prior to approval of each final map, the applicantkubdivider
shall execute a Subdivision Improvement Agreement with the City and shall provide
performance bonds/securities for 100 percent of each estimated improvement cost, as
L
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PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 12 of 24
prepared by a Registered Civil Engineer and approved by the City Engineer and City
Attorney for improvements including, but not limited to, street improvements, signing,
signalization, striping and street lights; storm drains, sewer, water, recreational trails,
landscaping and irrigation in rights-of-way, private slopes, and open space. In addition,
the applicanffsubdivider shall provide labor and materials bonds/securities for 100
percent of the above estimated improvement costs, as determined by the City Engineer.
An additional bond, as determined by the City Engineer and Public Works Director, shall
be required for street maintenance purposes to insure the conditions of all local
residential streets within the subdivision are acceptable to the City Engineer and to all
affected HOA’s until the last house is completed. (Engr.)
- 1.30. Soils Subsidence Remediation Proaram. Prior to approval of the first final map in each
of the two canyons, the applicanffsubdivider shall comply with the provisions of the
Municipal Code’s “Soils Subsidence Remediation Program” to the satisfaction of the City
Engineer. Said program shall include the formation of a Geological Hazard Abatement
District, for any catastrophic soil displacement. The program shall also include the
incorporation into the Conditions, Covenants and Restrictions (CC&R’s) of the Master
Homeowners Association or sub-associations, the remediation to surficial soil
displacement, as required by separate condition herein. (Engr.)
- 1.31. Submission of Diqital Map. Prior to recordation of each final map, the
applicanffsubdivider shall submit for review, and shall obtain approval from the Orange
County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of
January 28, 1991. The applicanffsubdivider shall pay for all cost of said digital submittal,
including supplying digital copies to the City, of the final County Surveyor approved
digital map in DXF format. In addition, the applicantlsubdivider shall provide the City with
digitized copies of all improvement (as-built) plans. (Engr.)
- 1.32. Fair-Share Circulation lmw-ovement Participation. In accordance with a schedule in the
Subdivision Improvement Agreement, to be executed in conjunction with City approval
of the first final map, the applicant/subdivider shall pay for the project’s pro-rata share
of the cost of the design and construction of the street and intersection improvements
to their ultimate respective widths and configurations in accordance with the City of San
Juan Capistrano’s Master Plan of Streets and Highways, including any applicable right-
of-way acquisition, base on the proportion of traffic generated by the project, as
determined in a City-approved traffic study. Any exception to, or deviation from this
condition shall be subject to review and approval by the City Engineer: (Engr.)
Ortega Highway, Via Cordova/Hunt Club Drive to La Pata Avenue:
Improvements: Construct an additional eastbound and westbound lane and
appurtenances.
1.33. Off-Site Circulation improvement Reauirements. In accordance with a schedule in the
Subdivision Improvement Agreement, to be executed in conjunction with City approval
of the first final map, the applicanffsubdivider shall design and construct and be 100
percent responsible for the cost of the following off-site improvements to their ultimate
standard configurations in accordance with the City of San Juan Capistrano Master Plan
of Streets and Highways and to the satisfaction the City Engineer. The
applicantlsubdivider shall provide performance bonds/securities for 100 percent of each
estimated improvement cost as prepared by a Registered Civil Engineer and approved
PC Resolution No. 04-6-22-1
Conditions of Approval: WM 16634
Page 13 of 24
by the City Engineer and City Attorney. In addition, the applicanthbdivider shall provide
labor and materials bondskecurities for 100 percent of the above estimated
improvement costs as determined by the City Engineer. All easements, right-of-way
acquisitions, dedications and permits needed from any agency to accommodate said
improvements listed below shall be processed by the applicanthbdivider at no cost to
the City. Any exception to or deviation from this condition shall be subject to review and
approval by the City Engineer (Engr.)
La Pata Avenue and “A Street, the primary entry roadway for both the high school
and the residential area:
Improvements: Construct the intersection, to include a traffic signal, two
eastbound lanes on “A Street, and the improvements to La
Pata Avenue required by the County of Orange in accordance
with Cooperative Agreement No. D03-044.
1.34. Off-Site Circulation Improvement Reauirements Subiect to Partial Reimbursement.
Except as otherwise set forth in accordance with a schedule in the Subdivision
Improvement Agreement to be executed in conjunction with City approval of the first final
map, the applicantlsubdivider shall design and construct and be initially responsible for
all the cost of the off-site improvements listed below to their ultimate standard
configurations in accordance with the City of San Juan Capistrano Master Plan of
Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-
way acquisitions, dedications and permits needed from any agency to accommodate
said improvements listed below shall be processed by the applicanthubdivider at no
initial cost to the City. The City, upon a written request from the applicantlsubdivider, will
enter into a reimbursement agreement to partially repay the applicantlsubdivider in
accordance with the provisions of the Capistrano Circulation Financing Program (CCFP).
However, if any improvements identified below are constructed by another party, the
applicanthubdivider shall pay for the project’s pro-rata share of the cost of the design
and construction of the street, intersection and traffic signal improvements to their
ultimate respective widths and configurations in accordance with the City of San Juan
Capistrano’s Master Plan of Streets and Highways, including any applicable right-of-way
acquisition, base on the proportion of traffic generated by the project, as determined in
a City-approved traffic study.
The applicant/subdivider shall provide performance bonds/securities for 100 percent of
each estimated improvement cost as prepared by a Registered Civil Engineer and
approved by the City Engineer and City Attorney. In addition, the applicantkubdivider
shall provide labor and materials bonddsecurities for 100 percent of the above
estimated improvement costs as determined by the City Engineer. Any exception to or
deviation from this condition shall be subject to review and approval by the City
Engineer. (Engr.)
a. 1-5 Southbound Ramps & Ortega Highway:
I m p rove me n ts : Construct an additional eastbound right-turn lane.
b. 1-5 Northbound Ramps & Ortega Highway:
Improvements: Construct an additional lane on the off-ramp.
‘d
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 14 of 24
c. Ortega Highway East of 1-5:
Improvements: Installation of a signal coordination and surveillance system
along Ortega Highway from 1-5 to La Novia Road. (Video
surveillance will provide incident detection and quick removal
of problem vehicles.)
d. La Pata Avenue Roadway and Antonio Parkway/La Pata & Ortega Highway
Intersection:
Improvements: Construct improvements as required by the County of Orange
in accordance with Cooperative Agreement No. D03-044.
WATER INFRASTRUCTURE CONDITIONS:
- 1.35. Water lmwovement Aqreement. Prior to approval of each final map, the
applicantlsubdivider shall execute a Water Improvement Agreement with the City
including a Water Improvement Phasing Plan, shall pay all applicable Water
Development Charges as last revised, and shall post the required securities in
compliance with City water standard specifications. (Water)
- 1.36. Fire Flow Demands. Prior to approval of each final map, the applicantlsubdivider shall
obtain from the Orange County Fire Authority (OCFA) the required fire flow demands
and fire protection requirements to serve the development within that final map and shall
provide evidence of satisfactory fire flow. (Water)
- 1.37. Dedication of Water Facilities. Prior to approval of each applicable final map, the
applicanthubdivider shall dedicate on the final map, at no cost to the City, all public
water facilities, water rights and the required easements to the City for project
improvements. (Water)
- 1.38. Sewer and Water Plans. Prior to approval of each final map, the applicantlsubdivider
shall submit to the City Engineer and the Water Engineering Manager for review, and
shall obtain approval of, sewer and water plans prepared by a Registered Civil Engineer.
These plans shall include, but shall not be limited to, the following water requirements:
(Water)
General Issues
a. The water main pipelines for both domestic and non-domestic facilities within the
tract’s street improvements shall have a minimum diameter of 8-inch for looped
systems and 12-inch diameter for single source water systems, unless otherwise
determined by the Water Engineering Manager.
b. All water main pipelines, through open space areas, shall be fully welded steel water
mains that are cement mortar lined & coated (CML&C) with a deep well anode and
an impressed current cathodic protection or an acceptable alternative corrosion
resistant water system as approved by the Water Engineering Manager.
v
c. All water main pipelines shall have a minimum diameter of 12-inch for domestic
PC Resolution No. 04-6-22-7
Conditions of Approval: VTTM 16634
Page 15 of 24
water and 12-inch for non-domesticwater through the open space areas connecting
the east and west canyon residential development sites, subject to approval by the
applicable resource agencies. If such approval cannot be obtained, an alternate
design that serves the same hydraulic function shall be developed
d. The applicantkubdivider shall design water main pipelines that are adequate to
provide the required water demand for domestic and fire protection purposes, and
the required water demand for non-domestic irrigation facilities.
Domestic Water Improvements
e. The applicanthbdivider shall design the following off-site domestic water main
connections and pipelines in accordance with City water standard specifications,
unless otherwise determined by the Water Engineering Manager:
1) A domestic water main from the 12-inch water main located along the
northerly boundary of Tract 13726.
2) A domestic water main from the proposed 24-inch SC04 pipeline In La Pata
Avenue up to the proposed school site and extending along the entire south
and southwesterly boundary of the school site,
3) A domestic water main from the proposed 24-inch SC04 pipeline along the
southerly boundary of tract 16634.
4) A domestic water main connecting the east and west canyon areas of the
development.
f. Emergency pumping connections between the 575 HGL and the 700 HGL pressure
zones near the eastern boundary of Tentative Tract 16634.
g. The applicantkubdivider shall design all required pressure reducing stations (PRS)
and piping in order to serve a range of acceptable water pressure for the domestic
water facilities. This shall include, but shall not be limited to, the following:
1) A domestic water PRS between the 760 HGL and 700 HGL pressure zones,
or as required, to be located along southerly boundary of the tract, in the area
where the proposed SC04 12" stub out is to be located.
2) A domestic water PRS between 700 HGL and 575 HGL pressure zones, or
as required, near the western boundary of the east canyon residential area.
3) A domestic water PRS between 760 HGL and the 575 HGL pressure zones,
or as required, to be located near the connection to the proposed SC04
pipeline in La Pata Avenue.
Non-Domestic Water Improvements
h. The applicantkubdivider shall design the following off-site non-domestic water main
connections and pipelines in accordance with City standard specifications, unless
otherwise determined by the Water Engineering Manager:
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 16 of 24
1) A non-domestic water main from the 8-inch non-domestic water main at the
west end of Calle Los Elegantes.
2) A non-domestic water main pipeline that shall be extended (stubbed out) to
La Pata Avenue for future improvements.
3) A water main pipeline that shall be extended (stubbed out) to the
southeasterly boundary of Tentative Tract 16634.
i. The applicantkubdivider shall design a reduced pressure principle assembly
(RPPA) between the domestic and non-domestic water facilities for the areas to be
irrigated that are not able to be served by the proposed non-domestic reservoir. The
RPPA or RPPA's shall be located near the southeasterly boundary of Tentative
Tract 16634.
1.39. Non-Domestic Reservoir. Prior to approval of the first final map, the applicanthbdivider
shall enter into an agreement with the City to provide a site for a non-domestic reservoir
within the tentative map boundaries. The agreement may include the following
provisions:
a.
b. Site area and location.
c. Grading.
d.
e. Access roadleasement.
f. Reservoir construction routes.
Reimbursement and/or fee credit to the applicantkubdivider based on fair market
value of the reservoir site.
Mitigation of view impacts, such as partial or complete burial of the tank, berming,
tank color, landscaping, etc.
The City shall be responsible for processing land use entitlements and environmental
approvals for the reservoir. The applicantlsubdivider shall not be required to design or
build the reservoir. The applicantkubdivider shall agree to share with City all available
site data on proposed reservoir locations, such as environmental, soils, drainage, or
other studies previously completed for the subdivision, and to cooperate with the City to
facilitate the property acquisition process without undue delay. The applicantlsubdivider
shall agree to coordinate construction of the reservoir with construction of the
subdivision improvements to the extent feasible and reasonable.
(Water & Engr.)
FIRE PROTECTION CONDITIONS:
1.40. Secured Fire Protection Aareement. Prior to approval of the first final map, the
applicant/subdivider shall submit evidence of a Secured Fire Protection Agreement with
the Orange County Fire Authority to mitigate adverse cumulative impacts of the project
on the OCFA. Such an agreement may include participation on a pro rata basis in
funding capital improvements necessary to establish adequate fire protection facilities
to serve the project. (Fire)
.--.- - 1.41. Fire Protection Area Notation. Prior to approval of each final map, the
applicant/subdivider shall place a note on the map or site plan meeting the approval of
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 17 of 24
- 1.42.
- 1.43.
- 1.44.
the Fire Chief that all requirements for development and construction within a “Fire
Protection Area”, including increased street widths, Class A roof assemblies, fire
sprinklers, etc. will be met. (Fire)
Fuel Modification Plan. Prior to approval of each final map, the applicantkubdivider shall
obtain approval from the Fire Chief, in consultation with City staff, for a conceptual fuel
modification plan and program. (Fire)
Sprinkler Notation. Prior to approval of each final map, the applicantkubdivider shall
include a note on the map stating that all residential structures exceeding 5,500 square
feet and all structures exceeding fire department access requirements shall be protected
by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief.
(Fire)
Traffic Siqnal Preemption EQuiDment. Prior to approval of the applicable final maps, as
determined by the Fire Chief in consultation with City staff, the subdivider shall enter into
an agreement with the County for the installation of traffic signal preemption equipment
for the surrounding controlled intersections. This agreement shall be accompanied by
financial security. (Fire)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
BELOW, OR IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING
PLAN:
THE GRAD1 N G AN DlOR RIGHT-OF-WAY IMPROVE ME NT PERM ITS SPEC1 FI ED
u
- 2.1
- 2.2
- 2.3
L
Permits Required. Prior to the commencement of any grading or construction activity not
provided for in previously-approved permits, a permit shall be required. All improvement
work, whether performed on-site or off-site, shall require a permit to ensure the integrity
and safety of all existing and proposed improvements affected by construction activities.
(Engr.)
County Approval of La Pata Access and ImDrovements. Prior to issuance of right-of-way
improvement permits for any work within the City’s jurisdiction, the applicantlsubdivider
shall submit to the City Engineer copies of all required encroachment permits and
construction authorization issued from the appropriate agencies and property owners
affected by the proposed La Pata Avenue improvements and by the construction of the
access roads from La Pata to Tentative Tract 16634. The applicantkubdivider shall also
submit to the City Engineer a copy of an executed agreement with the County of Orange
for the use of La Pata Avenue as a perpetual access to the project. Said permits and
agreement shall be accompanied by County approved street improvement plans for all
the work associated with the La Pata Ave. improvements. All submitted documentation
and plans shall be subject to review and approval by the City Engineer. (Engr.)
Mylar of Final Map. Prior to issuance of grading and right-of-way improvement permits
subsequent to final map recordation, the applicant/subdivider shall submit to the City
Engineer a reproducible copy/mylar of the project’s recorded final map. The applicant
shall also submit for review, and shall obtain approval of, the Orange County surveyor
of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. the
applicant shall pay for all costs of said digital submittal, including supplying digital copies
to the City of the final County Surveyor-approved digital map in DXF format. All Digital
- 2.4
- 2.5
- 2.6
- 2.7
- 2.8
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 18 of 24
Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital
Submission Standards. (Engr.)
Recvclina/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-
of-way improvement permits, the applicantlsubdivider shall submit to the City Engineer
for review, and shall obtain approval of, a program complying with the requirements of
the California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (Engr.)
NPDES Industrial Permit for Gradina. Prior to issuance of mass grading and right-of-way
improvement permits, the applicantlsubdivider shall submit a Notice of Intent (NOI) to
the California State Water Resource Control Board for coverage under the State
National Pollutant Discharge Elimination System Program (NPDES) General Permit for
storm water discharges associated with developmenffconstruction activity in excess of
five acres of land. Evidence that this requirement has been met shall be submitted to the
City Engineer. (Engr.)
Gradins Access and Haul Route Plan. Prior to issuance of mass grading and right-of-
way improvement permits, the applicantkubdivider shall submit to the City Engineer for
review, and shall obtain approval of: (Engr.)
a. An on-site plan showing location of the access point, for the earth moving and
grading equipments and for workers’ vehicles entering and exiting the site. All
construction related deliveries and activities shall access the site from La Pata
Avenue only
b. An off-site haul route plan for soil importation/exportation circulation and for heavy
construction related deliveries. The haul route plan shall specify the dates and times
and headways for hauling activities in compliance with all applicable City standards.
The City Engineer may require a security deposit in conjunction with approval of the
haul route plan.
Mitiqation of Drainaae and Gradinq - Problems. Prior to issuance of grading and right-of-
way improvement permits, the applicanffsubdivider shall adhere to the following
conditions during the entire grading and construction operation: (Engr.)
a. If any drainage problem is anticipated or occurs during construction, the
applicantlsubdivider shall provide and implement a solution acceptable to the City
Engineer, at no cost to the City, and shall submit a recorded instrument to insure
the durability of the solution
b. Any grading work beyond the limits of grading shown on the approved grading plans
shall require a written approval from the City Engineering and Building Director and
shall be subject to a supplemental Geotechnical Soils Report and additional fees.
Construction Phasinq and Mitiaation Proaram. Prior to issuance of grading and right-of-
way improvement permits, the applicantkubdivider shall pay a cash deposit for
restoration and cleanup purposes in an amount to be determined by the Building official,
and shall prepare and adhere to a Construction Phasing and Mitigation program,
approved by the Planning Director and Building Official containing, but not limited to, the
following controls: (Engr. & Ping.)
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 19 of 24
a. Grading:
1. Haul route for the movement of on and off-site of heavy earth-moving
equipment.
2. Location of assembly and storage/service areas for heavy earth-moving
equipment and limits of hours of operation.
3. Control of worker access to site, including hours of work, limits on noise
sources, and dust and soil importlexport.
4. Compliance with environmental mitigation measures, including stockpiles and
dust impacts.
5. A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
b. Enforcement:
1. The Planning Director and Engineering and Building Director may modify the
Construction Phasing and Mitigation program standards if on-site
observations indicate that construction activities are creating a nuisance to
adjacent property.
2. The applicantkubdivider shall hire a project enforcement person approved by
the Engineering and Building Director to ensure compliance with the
Construction Phasing and Mitigation Program.
3. If the City determines that the applicanthubdivider is in violation of the
approved construction Phasing and Mitigation program, the Planning Director
and/or the Engineering and Building Director are authorized to shut down the
project by reason of said violation.
- 2.9 Cadstrano Circulation Fee Proaram (CCFP). Except as otherwise set forth in
accordance with a schedule in the Subdivision Improvement Agreement to be executed
in conjunction with City approval of the first final map, the applicantlsubdivider shall pay
fees as required by the CCFP at issuance of building permits. (Engr.)
WA TER INFRASTRUCTURE CONDl TIONS:
- 2.1 0 Desiqn of Water Facilities. Prior to approval of grading permits, the applicantlsubdivider
shall design all domestic and non-domestic water facilities in compliance with City water
standard specifications. If a water improvement phasing plan is to be implemented, the
phasing plan shall be submitted with the improvement plans to the City Engineer and
Water Engineering Manager for approval. (Water)
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 20 of 24
FIRE PROTECTION CONDITIONS:
- 2.11 Fire Hydrant Location. Prior to issuance of a precise grading permit, the
applicant/subdivider shall submit a fire hydrant location plan to the Fire Chief for review
and approval. (Fire)
- 2.12 Fire Access Roads. Prior to issuance of a precise grading permit, the
applicantkubdivider shall submit and obtain approval of the Fire Chief and City Staff of
plans for fire protection access roads to within 150 feet of all portions of the exterior of
every structure on the site, unless exempted from this requirement by the Fire Chief in
consideration of the provision of alternate measures, such as the installation of fire
sprinklers. The plans shall include plan and sectional views and indicate the grade and
width of the access road measured flow-line to flow-line. When a dead-end street
exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access
turnaround shall be provided and approved by the Fire Chief (The applicanffsubdivider
should contact the OCFA at 714-744-0499). (Fire)
- 2.13 Fire Lanes. Prior to issuance of a precise grading permit, the applicantkubdivider shall
submit and obtain approval of the Fire Chief and City Staff of plans for fire lanes on
required fire access roads less than 36 feet in width. The plans shall indicate the
locations of red curbs and signage and include a detail of the proposed signage,
including the height, stroke and colors of the lettering and its contrasting background.
(Fire)
k - 2.14 ConceDtual Fuel Modification Plan. Prior to issuance of a precise grading permit, the
applicantkubdivider shall obtain approval from the Fire Chief, in consultation with City
staff, for a conceptual fuel modification plan and program. The plan shall indicate the
proposed means of modifying vegetation to reduce the risk to structures. (Fire)
- 2.15 Fire Road Access Gates. Prior to issuance of a precise grading permit, the
applicant/subdivider shall obtain approval from the Fire Chief for the construction of any
gate across required fire access roads. (Fire)
3. THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO ISSUANCE
OF RESIDENTIAL BUILDING PERMITS, OR IN ACCORDANCE WITH THE
WATER IMPROVEMENT PHASING PLAN:
- 3.1 Affordable Housinq Requirement. Prior to issuance of a building permit for the first home
within the project (other than model homes), the applicanffsubdivider shall meet the
development’s Affordable Housing requirement by paying to the City an in-lieu fee of 1 %
of the construction value of all homes within the subdivision. (Plng.)
- 3.2 Development Plans. Prior to issuance of the first building permit for each development
phase, the applicantkubdivider shall submit development plans to the Planning Director
for City review and approval. Plans to be reviewed shall be as applicable to the particular
development phase under review and, in general, shall include grading plans (unless
previously approved by the City), preliminary site and landscape plans, park plans (if
applicable to the development phase), architectural elevations, wall/fence plans, project
entry and gate plans, sample material boards, and other plans as specified by the
Planning Director. Landscaping plans shall provide at least one street tree per residential
- 3.3
- 3.4
PC Resolution No. 04-6-22-1
Conditions of Approval: WTM 16634
Page 21 of 24
lot in the east canyon residential area. Architectural elevations will not be required for
West Canyon homes if the Planning Director confirms that the West Canyon will consist
of custom home development only. (Ping.)
Site for SONGS Warnina Siren. Prior to issuance of a building permit for the first home
within the project (other than model homes), unless released by the City Engineer, the
applicanffsubdivider shall design, construct, and dedicate to the City a graded pad for
a SONGS warning siren with a minimum usable pad area of 12’ x 12’, an all-weather
access road, and phone and electrical service, at a location within the tract boundaries
approved by the City Engineer. This condition may be deleted by the City Engineer if he
determines that an alternative site has been provided for the warning siren (Engr.)
Maintenance Road and Barrier - Camino Lacouaaue. Prior to issuance of a building
permit for the first home within the project (other than model homes), a 16-foot wide
paved maintenance road extending from the present terminus of Camino Lacouague to
the high school site and a gated fence or other barrier to control vehicular access to the
maintenance road shall be constructed by the applicanffsubdivider to the satisfaction of
and in accordance with plans approved by the City Engineer. (Engr.)
Access Road to City Open Space. Prior to issuance of a building permit for the first
home within the project (other than model homes), a 20-foot wide all-weather road to
provide vehicular access between La Pata Avenue and the City-owned open space
property north of the high school site shall be constructed by the applicantkubdivider to
the satisfaction of and in accordance with plans approved by the City Engineer. (Engr.)
Private Park and Pedestrian Pathway.
a. The private park in the east canyon shall be improved by the applicanffsubdivider
prior to issuance of the first building permit in the east canyon (other than model
homes) or prior to release of the first model home in the east canyon for model
home use, whichever event occurs last. These improvements shall be in
accordance with final plans which shall be prepared by the applicanffsubdivider and
approved by the Parks, Recreation and Equestrian Commission, and may consist
of but shall not necessarily be limited to: grading, turf, trees, shrubs, groundcover,
irrigation, picnic benches and tables, play equipment for young children, and
walkways and other hardscape.
b. A minimum six-foot wide pedestrian path from the “E” Street cul-de-sac to the
private neighborhood park east of “B” Street shall be improved by the
applicanffsubdivider to the satisfaction of the Planning Director per the following
schedule: temporary unpaved surfacing prior to issuance of the first building permit
for Lots 13 and 14, and final paved surfacing prior to release of performance
securities for the east canyon area.
WATER INFRASTRUCTURE CONDITIONS:
Completion of Water Facilities. Prior to issuance of building permits for each building
phase, the applicanthubdivider shall complete the construction of all domestic and non-
domestic water facilities as indicated in compliance to City water standard specifications,
unless otherwise provided in the Water Improvement Phasing Plan. Any exception to,
- 3.8
- 3.9
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 22 of 24
or deviation from this condition shall be subject to review and approval by the Public
Works Director. (Water)
FIRE PROTECTION CONDITIONS:
Fuel Modification. Prior to the issuance of a building permit, the applicantkubdivider,
under the supervision of the Fire Chief, shall complete the portion of the approved fuel
modification plan determined to be necessary before the introduction of any combustible
materials into the project area. Approval shall be subject to an on-site inspection. (Fire)
Confirmation Letter. Prior to the issuance of a building permit, the applicanffsubdivider
shall submit a letter on company letterhead stating that water for fire-fighting purposes
and all-weather fire protection access roads shall be in place and operational before any
combustible material is placed on site. Building permits will not be issued without Orange
County Fire Authority approval obtained as a result of an on-site inspection. (Fire)
- 3.10 Hazardous Materials. If any hazardous materials are to be used or stored on site, prior
to the issuance of a building permit, the applicanffsubdivider shall complete and submit
to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and
Business Emergency Plan" packet. (Fire)
- 3.1 1 Fire Sprinklers. Prior to the issuance of a building permit, the applicanffsubdivider shall
submit plans for any required automatic fire sprinkler system in all structures to the Fire
Chief for review and approval. (Fire)
L
4. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF CERTIFICATES OF OCCUPANCY
- 4.1
- 4.2
- 4.3
Filinq of Property Corner Survey Records. Prior to issuance of a certificate of occupancy
for the first home within the project (other than model homes), the applicanffsubdivider's
surveyor shall file the appropriate property corner survey records with the County
Surveyor and show written confirmation indicating compliance with the County Recorder,
as required by Section 8771 of the Business and Professions Code (Engr.)
Completion of All lmwovements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy for the first home within the project (other than model homes),
the applicantkubdivider shall complete, to the satisfaction of the City Engineer, all facility
improvements required of this development and necessary to serve the development in
accordance with the City approved Construction Phasing and Mitigation Program, the
approved plan, and approved exceptions (Engr.)
Installation of Landscaping. Prior to issuance of a certificate of occupancy for the first
home within each development phase (other than model homes), the
applicantkubdivider shall submit a letterto the Planning Director, signed by a Registered
Landscape Architect, stating that all materials for all landscaped areas have been
installed in accordance with the approved plans for each development phase, and shall
demonstrate to the satisfaction of the Planning Director that all landscaped areas have
been landscaped per the approved landscape plans. (Plng.)
k’
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- 4.4
- 4.5
- 4.6
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 23 of 24
FIRE PROTECTION CONDITIONS:
Hvdrant “Blue Dots”. Prior to the issuance of a certificate of use and occupancy, the
applicantkubdivider shall install blue reflective pavement markers on streets, as
approved by the Fire Chief, to mark the location of all fire hydrants. (Fire)
Completion of Fuel Modification. Prior to the issuance of a certificate of use and
occupancy, the applicantkubdivider shall implement and complete the fuel modification
plan under the supervision of the Fire Chief with an approved plant pallet. The fuel
modification zones shall be subject to triennial inspections. (Fire)
Completion of Sprinkler Svstem. Prior to the issuance of a certificate of use and
occupancy, the applicanthubdivider shall demonstrate that any required sprinkler system
is operational in a manner meeting the approval of the Fire Chief. (Fire)
5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE
SECU RlTl ES
- 5.1
- 5.2
_. 5.3
- 5.4
- 5.5
Provide As-Built Mvlars. Prior to acceptance of the works of improvements and release
of performance securities, the applicant/subdivider shall submit to the City Engineer for
review, and shall obtain approval of, the reproducible “as-built” mylar plans of all on-site
and off-site improvement works completed and accepted. Said plans shall be prepared
by a Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies
of all as-built plans in accordance with the latest edition of the “City of San Juan
Capistrano Digital Submission Standards”. (Engr.)
Videotape of Sewers and Storm Drain PiDes. Prior to acceptance of improvements and
release of performance securities, the applicantkubdivider shall submit to the City
Engineer for review, and shall obtain approval of, a videotape, filmed in the presence of
a City Staff representative/inspector, of all sewer and drainage improvements. The
videotape shall become the property of the City. (Engr.)
Monumentation and Corner Records. Prior to acceptance of improvements and release
of performance securities, the applicantkubdivider’s surveyor shall set all required
monumentation and re-establish any damaged or destroyed monumentation during
construction. Monumentation, street centerline ties and appropriate corner records shall
be submitted to the City Engineer and filed with the County Surveyor in compliance with
AB 1414 and Sec. 8771 of the Business and Professions Code. (Engr.)
Prior to acceptance of improvements and release of Performance securities, the
minimum six-foot wide pedestrian path from the “E” Street cul-de-sac to the private
neighborhood park east of “B” Street shall be paved.
WATER INFRASTRUCTURE CONDITIONS:
Mvlar Record Drawinqs. Prior to the acceptance of water improvements and release of
performance securities, the applicant shall submit to the City Engineer and the Water
Engineering Manager for review, and shall obtain approval of, reproducible “record
drawing” mylar plans that call out any deviations from the approved signed plans of all
r-
PC Resolution No. 04-6-22-1
Conditions of Approval: VTTM 16634
Page 24 of 24
the domestic water system, non-domestic water system, and the landscape irrigation
system. These record drawings shall also be submitted to the City in digital format in
accordance with the latest edition of the “City of San Juan Capistrano Digital Submission
Standards”. (Water & Engr.)
PLANNING COMMISSION RESOLUTION NO. 04-6-22-1
EXHIBIT 4:
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT
(Dated June 2004, on file at the City Planning Department)