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18-0611_VERMEULEN RANCH CENTER, LLC_E7_Agenda Report 6/11/2018 ` E7 City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: �, enjamin Siegel, City Manager SUBMITTED BY: Maria Morris, City Clerk VAw� DATE: June 11, 2018 SUBJECT: Adoption of an Ordinance Approving Specific Plan 18-001 (Processed as Code Amendment 18-004); and an Ordinance Approving Development Agreement (DA 18-001), to Allow the Development of "The Farm" Residential Community on the 35 Acre Vermeulen Ranch Property Located at 32382 Del Obispo Street (Assessor Parcel Numbers 121-182-17 and 121-182-53) (Spieker Senior Development) RECOMMENDATION: Approve the second reading and adoption of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 18-001 (CODE AMENDMENT 18-004) FOR A RESIDENTIAL PROJECT WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT);" and approve the second reading and adoption of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND VIRGINIA GERMANN, SUCCESSOR TRUSTEE OF THE C. AND I. VERMEULEN REVOCABLE TRUST DATED MAY 14, 1990 AND VERMEULEN RANCH CENTER, LLC RELATED TO THE DEVELOPMENT OF A RESIDENTIAL PROJECT WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT)." EXECUTIVE SUMMARY: On May 15, 2018, the City Council approved the first reading and introduction of two ordinances approving, respectively, a Specific Plan and a Development Agreement to allow the development of "The Farm" residential community. The ordinances will go into effect 30 days after passage. City Council Agenda Report June 11, 2018 Page 2 of 2 DISCUSSION/ANALYSIS: Not applicable. FISCAL IMPACT: Not applicable. ENVIRONMENTAL IMPACT: Per the requirements of State California Environmental Quality Act (CEQA) Guidelines, an Initial Study/Mitigated Negative Declaration (MND) was prepared for the project, including the Specific Plan and Development Agreement. On May 15, 2018, after considering the Final MND in its independent judgment, the City Council adopted Resolution 18-05-15-01 thereby adopting the MND and a Mitigation Monitoring and Reporting Program for the project. Further, the requirements of the Mitigation Monitoring and Reporting Program are imposed as conditions of approval on the Specific Plan. PRIOR CITY COUNCIL REVIEW: At its May 15, 2018, meeting, the City Council approved the first reading and introduction of the Ordinances approving a Specific Plan and a Development Agreement to allow the development of "The Farm" residential community. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: The City Clerk's office will provide all necessary publications and posting of the Ordinance as required by law. ATTACHMENT(S): Attachment 1 - Ordinance Approving the Farm Specific Plan Attachment 2 - Ordinance Approving Development Agreement Enclosure 1 — Specific Plan ORDINANCE NO. 1056 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING SPECIFIC PLAN 18-001 (CODE AMENDMENT 18-004) FOR A RESIDENTIAL PROJECT WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT) WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan Residential Community, which involves General Plan Amendment 16-001, the adoption of Specific Plan 18-001 (Code Amendment 18-004), and a related Development Agreement 18-001, consisting of up to 180 single-family residential units with park and trail amenities, on a 35 acre site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-182-17 and 121-182-53 (hereafter, the "Property") (collectively, the various applications a referred to as the "Project"); WHEREAS, Virginia Germann, Successor Trustee of the C. and I. Vermeulen Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868 and Vermeulen Ranch Center LLC, P.O. Box 160, San Juan Capistrano, CA 92693 (collectively, the "Property Owners"), are the owners of the Property; WHEREAS, Government Code Section 65450 et seq. authorizes the City to prepare a specific plan for the systematic implementation of the City's General Plan; WHEREAS, on May 15, 2018, the City Council conducted a duly noticed public hearing to consider the Specific Plan and the Project as a whole. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitations are true and correct and are adopted as findings of the City Council. SECTION 2. CEQA, The City Council on May 15, 2018, adopted the Final IS/MND, along with a Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in Resolution No. 18-05-15-01. That Resolution is incorporated herein by reference, and made a part hereof as if fully set forth herein. Further, the requirements of the Mitigation Monitoring and Reporting Program are hereby imposed as conditions of approval on the Specific Plan. The documents and other materials that constitute the record are located in City Hall at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. 1 ATTACHMENT 1 SECTION 3. Findings_ The City Council of the City of San Juan Capistrano makes the following findings: 1. The proposed Specific Plan is authorized and consistent with the provisions of Government Code Sections 65450 et seq. and related City ordinances and policies. 2. The proposed Specific Plan is consistent with the City of San Juan Capistrano General Plan and complies with its objectives and policies. Specifically, the Specific Plan is consistent with and implements the following objectives and policies of the General Plan: Land Use Element Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Changing the designation of the site to Specific Plan to accommodate residential development that can accommodate up to 180 units would allow residents of a future development to contribute to an increase in retail sales revenue and related City sales tax receipts at local dining, shopping and tourist-oriented venues. This increase in sales tax revenue would allow for the City to maintain and improve public services and facilities within the City. Furthermore, the General Plan recognizes that the City has an oversupply of commercial uses serving the local community. The General Plan states that some of the centers are underutilized due to "the small local population", and that many are not well maintained, which has a negative visual impact on the community. Future residents of the new development would help to facilitate Land Use Goal 1. Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed project would contribute to the project's fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City's General Fund, from which the City utilizes revenue to fund public services and utilities. Furthermore, the accompanying Development Agreement assures 2 01056 that the maintenance of the proposed 0.5 acre public park and trail will be maintained by the future Home Owners Association (HOA). This will benefit the public as the maintenance costs of the public amenities will be covered by the developer and/or HOA. GOAL 2: Control and direct future growth within the City to preserve the rural village-like character of the community. The proposed project would develop the site with single-family residential uses that would be developed at a maximum of 180 dwelling units with a minimum lot size of 4,000 square feet and would be a maximum of two stories in height. Residences proposed as part of the project would be consistent with the density and nature of residential uses adjacent to and nearby the site. The project would also include a multi-use trail (i.e., pedestrian, bicycling, and equestrian uses) that would connect Del Obispo Street to Via Positiva. The provision of the multi-use trail would encourage bicycle, equestrian, and pedestrian uses, avoiding transportation by automobile, and serve to preserve a more rural character on the site. Policy 2.1: Continue controlling growth through the implementation of the City's residential growth management program. The project-related increase in population would represent less than 2 percent of the City's existing and projected population through the year 2040. New development facilitated as a result of project approval would be required to comply with the City's Residential Growth Management Program (1976). Specifically, new building permits issued following the approval of Subdivision and Development applications would be reviewed by City staff for consistency with the growth program, which currently limits new residential building permits to 400 per year. Therefore, the proposal would be consistent with said policy. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The project would allow for the development of a residential community that would be consistent in use and character with surrounding development, including surrounding residential uses. The proposed Specific Plan would also include design guidelines that would ensure consistency in visual character between the proposed project and surrounding development. For example, the proposed residences would be developed in the Classic California 3 01056 Spanish architectural style to ensure consistency with the City's landmark architectural heritage. GOAL 3: Distribute additional population within the City based on risk factors. The project site is located within a valley area and is not located within a high-risk fire, geologic, or flooding area. The General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.1: Confine higher density land uses to the valley areas outside of the floodplain. The proposed project would allow for the development of single- family residential uses with a medium density. The project site is located within FEMA Flood Zone X, which is an area determined to be outside of the 0.2 percent annual chance (500-year) floodplain. As such, the project would not develop the site with high-density land uses in areas prone to flooding. GOAL 4: Preserve major areas of open space and natural features. The project site has previously been considered for purchase and permanent retention as open space or agriculture and was twice eliminated from further consideration during the City's evaluation process associated with the passage of general obligation bonds for the purchase of open space. The permanent retention of the site for open space was in conflict with the surrounding development and with the City's goals for orderly and balanced land use development as buildout occurs, including the City's General Plan Land Use Element Policy 7.2, which encourages new development to be compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. Furthermore, the project site is not designated or considered open space. Therefore, the proposed project would be consistent with Goal 4 of the Land Use Element. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. The proposed Specific Plan includes development standards and design guidelines, which would ensure that new development on the site would be cohesive with existing surrounding development. Additionally, the development of single-family residential uses on 4 01056 the site would be consistent with existing residential uses adjacent to and nearby the site. Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. The proposed Specific Plan includes an internal roadway that would connect driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity between other internal project roadways and the surrounding arterial system. New internal roadways included as part of the Specific Plan would be laid out at the time Subdivision and Development applications are proposed. Furthermore, a traffic impact analysis, which is part of the Mitigated Negative Declaration finds that the project would result in less than significant impacts on the local roadway system, and no mitigation would be required. Therefore, the proposed project would be consistent with Goal 1 of the Circulation Element. GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Implementation of the proposed project would allow for a network of lighted pedestrian walkways and a multi-use trail that would support pedestrian, equestrian, and bicycle users. The proposed project multi-use trail would connect the proposed residential community with local public recreation amenities, including the existing Ecology Center off Alipaz Street. Housing Element Policy 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. The proposed project would allow for the development of a medium-density residential community on the project site, which would serve to add to the variety of housing types available throughout the City. Conservation and Open Space Element GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. 5 01056 The proposed project would allow for the development of up to 180 single-family residential units on the project site that would accommodate population growth in the City. All residences developed on the site would be developed in a manner that would be consistent with the character and scale of existing development surrounding the site, be constructed in the Classic California Spanish architectural style, and be consistent with the development standards and design guidelines in the proposed Specific Plan. Furthermore, future development applications will be subject to the City's Architectural Control (AC) procedures involving extensive review of proposals by the City's Design Review Committee followed by the Planning Commission to ensure future development proposals meet Goal 5. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service_ The City's Urban Water Management Plan (UWMP) indicates that there are sufficient water resources to meet full service demands through the year 2040. Specifically, the project-related demand for water would represent an incremental increase in water demand through the year 2040 (1.2 percent of current and projected water supplies through the year 2040. Additionally, wastewater generated as a result of project implementation would represent 0.7 percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the proposed project would be consistent with Goal 6 of the Public Services and Utilities Element GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable television and solid waste disposal to provide sufficient levels of these services. The proposed project would be served by existing natural gas, electricity, telephone, cable, and solid waste facilities. Therefore, the proposed project would be consistent with Goal 7 of the Public Services and Utilities Element. 3. The Specific Plan (and related Code Amendment 18-004) is necessary to implement the General Plan and to provide for public safety, convenience, and/or general welfare for the reasons described in the findings in paragraph 2 above. 4. The Specific. Plan (and related Code Amendment 18-004) conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof in that the Specific Plan will implement single family 6 01056 residential standards that are similar to those applicable to the RS-4000 single family zoning district and provide for the establishment and regulation of the Specific Plan Area's future residential, park, and on-site trail development. 5. The Specific Plan (and related Code Amendment 18-005) is reasonable and beneficial at this time in that the subject site is vacant and the Specific Plan would facilitate a residential development that will be compatible in density with other residential uses and established zoning districts in the vicinity. The subject site is well suited for residential development due to adjacent and nearby residential development and commercial development that will benefit from additional residential population. SECTION 4. Approval and Adoption. Pursuant to Government Code Section 65450 et seq., the City Council hereby adopts the Specific Plan, which is attached hereto as Exhibit A and incorporated herein by reference, for the real property described in Exhibit B attached hereto. SECTION 5. Notice of Determination. City staff is hereby directed to file a Notice of Determination with the Office of the County Clerk in accordance with CEQA and the CEQA Guidelines. SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 7. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage if and only if Resolution No. 18-05-15-02 adopting General Plan Amendment No. 16- 001 and Ordinance No. 1057 approving Development Agreement 18-001 are both in effect. SECTION 8. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and 7 01056 a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 11th day June 2018. SERGIO FARIAS, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 8 01056 EXHIBIT A SPECIFIC PLAN Please refer to Enclosure 1 of the staff report Exhibit A Page 1 10306-0005\2183667v3.doc EXHIBIT B LEGAL DESCRIPTION Exhibit B Page 1 Order No.: 12400360-K26 LEGAL DESCRIPTION PARCEL 1: (A PORTION OF APN: 121-182-53) THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 64; THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST, 474.77 FEET; THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET TO THE NORTHWESTERLY LINE OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE POINT OF BEGINNING. PARCEL 2: (A PORTION OF AI)N: 121-182-53) LOTS 63 AND 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK 1781. PAGE, 69, OFFICIAL RECORDS; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE SOUTHERLY CORNER OF SAID FLINT LAND; THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63. TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACATED BY RESOLUTION NO. 81-9-5 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED SEPTEMBER 18, 1981 IN BOOK 14225 PAGE,683, OF OFFICIAL RECORDS. CLTA Preliminary Report Form-Modified(11-17-06) Page 3 Order No.: 12400360-K26 LEGAL DESCRIPTION (continued) PARCEL 3: (APN: 121-182-17) THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 1TIROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64, DISTANT SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 64; THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST, 474.77 FEET; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 63; DISTANT SOUTH 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63; THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY CORNER OF LOT 63; THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 37, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified(11-17-06) Page 4 ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND VIRGINIA GERMANN, SUCCESSOR TRUSTEE OF THE C. AND I. VERMEULEN REVOCABLE TRUST DATED MAY 14, 1990 AND VERMEULEN RANCH CENTER, LLC RELATED TO THE DEVELOPMENT OF A RESIDENTIAL PROJECT WITH PARK AND TRAIL AMENITIES ON A 35-ACRE SITE LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121- 182-17 AND 121-182-53) (SPIEKER SENIOR DEVELOPMENT) WHEREAS, Spieker Senior Development, P.O. Box 160, San Juan Capistrano, CA 92693 (the "Applicant"), has requested approval of The Farm Specific Plan Residential Community, which involves General Plan Amendment 16-001, the adoption of Specific Plan 18-001 (Code Amendment 18-004), and the adoption of this development agreement 18-001, consisting of up to 180 single-family residential units with park and trail amenities on a 35 acre site located at 32382 Del Obispo Street, also known as Assessor's Parcel Numbers 121-182-17 and 121-182-53 (hereafter, the "Property") (collectively, the various applications a referred to as the "Project"); WHEREAS, Virginia Germann, Successor Trustee of the C. and 1. Vermeulen Revocable Trust Dated May 14, 1990, 772 Town and Country Road, Orange, CA 92868 and Vermeulen Ranch Center, LLC, P.O. Box 160, San Juan Capistrano, CA 92693 (collectively the "Property Owners"), are the owners of the Property; WHEREAS, the Property Owners, propose to enter into a development agreement with the City of San Juan Capistrano (herein, the "Development Agreement"), which is attached to this Ordinance as Exhibit A, in connection with the Project described above, to be located at 32382 Del Obispo Street, in the City of San Juan Capistrano, described in the legal description attached hereto as Exhibit B, and incorporated herein by this reference; WHEREAS, on April 24, 2018, the Planning Commission held a duly noticed public hearing and, after considering all evidence in the record including public comments, adopted Resolution No. 18-04-24-02, recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve the General Plan Amendment (GPA 16-001), consider The Farm Specific Plan (Specific Plan 18-001; Code Amendment 18-004) and refer the Specific Plan to the Planning Commission for further refinement and review, and approve the related Development Agreement 18-001; WHEREAS, on May 15, 2018, the City Council conducted a duly noticed public hearing pursuant to Government Code Section 65867 and the City's Municipal Code to consider the Development Agreement and the Project. 1 ATTACHMENT 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The above recitations are true and correct and are adopted as the findings of the City Council. SECTION 2. CEQA. The City Council on May 15, 2018, adopted the Final IS/MND, along with a Mitigation Monitoring and Reporting Program, for the Project, as fully set forth in Resolution No. 18-05-15-01. That Resolution is incorporated herein by reference, and made a part hereof as if fully set forth herein. Further, the requirements of the Mitigation Monitoring and Reporting Program are hereby imposed as conditions of approval on the Development Agreement. The documents and other materials that constitute the record are located in City Hall at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist. SECTION 3. Findings_ The City Council of the City of San Juan Capistrano makes the following findings: 1. The proposed Development Agreement is authorized and consistent with the provisions of Government Code Sections 65864 et seq. and related City ordinances and policies. 2. The proposed Development Agreement is consistent with the City of San Juan Capistrano General Plan and complies with its objectives and policies. Specifically, the Development Agreement and the development contemplated therein are consistent with and implement the following objectives and policies of the General Plan: The proposed General Plan Amendment is consistent with the overall goals and policies of the General Plan because it establishes a land use designation governed by a specific plan, and the proposed land uses, development standards and design elements of that Specific Plan (SP 18-001) are consistent with the following goals and policies of the General Plan including: Land Use Element Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. 2 01057 Changing the designation of the site to Specific Plan to accommodate residential development that can accommodate up to 180 units would allow residents of a future development to contribute to an increase in retail sales revenue and related City sales tax receipts at local dining, shopping and tourist-oriented venues. This increase in sales tax revenue would allow for the City to maintain and improve public services and facilities within the City. Furthermore, the General Plan recognizes that the City has an oversupply of commercial uses serving the local community. The General Plan states that some of the centers are underutilized due to "the small local population", and that many are not well maintained, which has a negative visual impact on the community. Future residents of the new development would help to facilitate Land Use Goal 1. Policy 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. The proposed project would contribute to the project's fair share of public facility and utility costs through payment of Development Impact Fees. Additionally, property taxes generated as a result of project implementation would go to the City's General Fund, from which the City utilizes revenue to fund public services and utilities. Furthermore, the accompanying Development Agreement assures that the maintenance of the proposed 0.5 acre public park and trail will be maintained by the future Home Owners Association (HOA). This will benefit the public as the maintenance costs of the public amenities will be covered by the developer and/or HOA. GOAL 2: Control and direct future growth within the City to preserve the rural village-like character of the community. The proposed project would develop the site with single-family residential uses that would be developed at a maximum of 180 dwelling units with a minimum lot size of 4,000 square feet and would be a maximum of two stories in height. Residences proposed as part of the project would be consistent with the density and nature of residential uses adjacent to and nearby the site. The project would also include a multi-use trail (i.e., pedestrian, bicycling, and equestrian uses) that would connect Del Obispo Street to Via Positiva. The provision of the multi-use trail would encourage bicycle, equestrian, and pedestrian uses, avoiding transportation by automobile, and serve to preserve a more rural character on the site. 3 01057 Policy 2.1: Continue controlling growth through the implementation of the City's residential growth management program. The project-related increase in population would represent less than 2 percent of the City's existing and projected population through the year 2040. New development facilitated as a result of project approval would be required to comply with the City's Residential Growth Management Program (1976). Specifically, new building permits issued following the approval of Subdivision and Development applications would be reviewed by City staff for consistency with the growth program, which currently limits new residential building permits to 400 per year. Therefore, the proposal would be consistent with said policy. Policy 2.2: Assure that new development is consistent and compatible with the existing character of the City. The project would allow for the development of a residential community that would be consistent in use and character with surrounding development, including surrounding residential uses. The proposed Specific Plan would also include design guidelines that would ensure consistency in visual character between the proposed project and surrounding development. For example, the proposed residences would be developed in the Classic California Spanish architectural style to ensure consistency with the City's landmark architectural heritage. GOAL 3: Distribute additional population within the City based on risk factors. The project site is located within a valley area and is not located within a high-risk fire, geologic, or flooding area. The General Plan recognizes that future densities of population could be allocated to the valley areas of the City outside of the floodplain. Policy 3.1: Confine higher density land uses to the valley areas outside of the floodplain. The proposed project would allow for the development of single- family residential uses with a medium density. The project site is located within FEMA Flood Zone X, which is an area determined to be outside of the 0.2 percent annual chance (500-year) floodplain. As such, the project would not develop the site with high-density land uses in areas prone to flooding. 4 01057 GOAL 4: Preserve major areas of open space and natural features. The project site has previously been considered for purchase and permanent retention as open space or agriculture and was twice eliminated from further consideration during the City's evaluation process associated with the passage of general obligation bonds for the purchase of open space. The permanent retention of the site for open space was in conflict with the surrounding development and with the City's goals for orderly and balanced land use development as buildout occurs, including the City's General Plan Land Use Element Policy 7.2, which encourages new development to be compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. Furthermore, the project site is not designated or considered open space. Therefore, the proposed project would be consistent with Goal 4 of the Land Use Element. Policy 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. The proposed Specific Plan includes development standards and design guidelines, which would ensure that new development on the site would be cohesive with existing surrounding development. Additionally, the development of single-family residential uses on the site would be consistent with existing residential uses adjacent to and nearby the site. Circulation Element GOAL 1: Provide a system of roadways that meets the needs of the community. The proposed Specific Plan includes an internal roadway that would connect driveways off Del Obispo Street and Via Positiva to ensure adequate connectivity between other internal project roadways and the surrounding arterial system. New internal roadways included as part of the Specific Plan would be laid out at the time Subdivision and Development applications are proposed. Furthermore, a traffic impact analysis, which is part of the Mitigated Negative Declaration finds that the project would result in less than significant impacts on the local roadway system, and no mitigation would be required. Therefore, the proposed project would be consistent with Goal 1 of the Circulation Element. 5 01057 GOAL 3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Implementation of the proposed project would allow for a network of lighted pedestrian walkways and a multi-use trail that would support pedestrian, equestrian, and bicycle users. The proposed project multi-use trail would connect the proposed residential community with local public recreation amenities, including the existing Ecology Center off Alipaz Street. Housing Element Policy 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. The proposed project would allow for the development of a medium-density residential community on the project site, which would serve to add to the variety of housing types available throughout the City. Conservation and Open Space Element GOAL 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. The proposed project would allow for the development of up to 180 single-family residential units on the project site that would accommodate population growth in the City. All residences developed on the site would be developed in a manner that would be consistent with the character and scale of existing development surrounding the site, be constructed in the Classic California Spanish architectural style, and be consistent with the development standards and design guidelines in the proposed Specific Plan. Furthermore, future development applications will be subject to the City's Architectural Control (AC) procedures involving extensive review of proposals by the City's Design Review Committee followed by the Planning Commission to ensure future development proposals meet Goal 5. Public Services and Utilities Element GOAL 6: Provide sufficient levels of water and sewer service. The City's Urban Water Management Plan (UWMP) indicates that there are sufficient water resources to meet full service demands 6 01057 through the year 2040. Specifically, the project-related demand for water would represent an incremental increase in water demand through the year 2040 (1.2 percent of current and projected water supplies through the year 2040. Additionally, wastewater generated as a result of project implementation would represent 0.7 percent of the remaining treatment capacity of the J.B. Latham Wastewater Treatment Plant. Therefore, the proposed project would be consistent with Goal 6 of the Public Services and Utilities Element GOAL 7: Work effectively with providers of natural gas, electricity, telephone, cable television and solid waste disposal to provide sufficient levels of these services. The proposed project would be served by existing natural gas, electricity, telephone, cable, and solid waste facilities. Therefore, the proposed project would be consistent with Goal 7 of the Public Services and Utilities Element. SECTION 4. Approval and Adoption. Pursuant to Government Code Section 65865 et seq., the City Council does hereby approve and adopt the Development Agreement by and between the City of San Juan Capistrano and Virginia Germann, Successor Trustee of the C. and I. Vermeulen Revocable Trust Dated May 14, 1990 and Vermeulen Ranch Center, LLC, which is attached hereto as Exhibit A. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage if and only if Resolution No. 18-05-15-02 adopting General Plan Amendment No. 16- 001 and Ordinance No. 1056 approving Specific Plan 18-001 are both in effect. SECTION 6. _Execution by the Mayor, The Mayor is hereby directed to execute the Development Agreement on behalf of the City after this Ordinance takes effect. SECTION 7. Recordation. No later than 10 days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies. 7 01057 SECTION 8. Notice of Determination. City staff is hereby directed to file a Notice of Determination with the Office of the County Clerk in accordance with CEQA and the CEQA Guidelines SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. SECTION 10. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen.(15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 11th day of June 2018. SERGIO FARIAS, MAYOR ATTEST: MARIA MORRIS, CITY CLERK 8 01057 EXHIBIT A DEVELOPMENT AGREEMENT Exhibit A Recorded at request of: City Clerk City of San Juan Capistrano When recorded return to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: City Clerk Exempt from filing fees pursuant to Government Code§6103 DEVELOPMENT AGREEMENT NO. 18-001 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO and VERMEULEN RANCH CENTER, LLC l 0306-0005\2182642 v4.doc DEVELOPMENT AGREEMENT NO. 18-001 This Development Agreement(hereinafter"Agreement")is entered into as of this_day of 11 2018 by and between the City of San Juan Capistrano, California (hereinafter "CITY"), and VIRGINIA GERMANN, SUCCESSOR TRUSTEE OF THE C. AND 1. VERMEULEN REVOCABLE TRUST DATED MAY 14, 1990 ("Vermeulen Trust"), and VERMEULEN RANCH CENTER, LLC, a California limited liability company (hereinafter "OWNER"): RECITALS WHEREAS,CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property,pursuant to Section 65864, et sec. of the Government Code; and WHEREAS, this Agreement constitutes a current exercise of CITY's police powers to provide predictability to OWNER in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Development Plan in exchange for OWNER's commitment to provide significant public benefits to CITY as set forth in Section 4 below; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, the best interests of the citizens of the City of San Juan Capistrano and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS,the City Council hereby finds and determines that this development agreement is of major significance because it will enable the CITY to fund much needed capital improvements and provide much needed public services and will therefore also have a major,beneficial economic impact on the CITY; and WHEREAS, the provision by OWNER of the public benefits allows the CITY to realize significant economic,recreational,park,open space,educational,social and public facilities benefits. The public benefits will advance the interests and meet the needs of San Juan Capistrano residents and visitors to a significantly greater extent than would development of the Property without this Agreement. WHEREAS, the physical effects, if any, of the Project and this Agreement have been analyzed pursuant to CEQA and a Mitigated Negative Declaration was prepared and circulated for public review and was adopted by the City Council; and WHEREAS,on April 24,2018,the Planning Commission held a duly noticed public hearing on the Project and on this Agreement,and following receipt of all oral and written testimony,closed 10306-0005\2182642v4.doe the public hearing and adopted Resolution No. 18-04-24-02, recommending, among other things, that the City Council approve this Agreement; and WHEREAS, on May 15, 2018, the City Council held a duly noticed public hearing on the project, the other project approvals and on this Agreement, and following receipt of all oral and written testimony, closed the public hearing, and introduced Ordinance No. 1057, approving this Agreement; and WHEREAS, this Agreement and the Project are consistent with the San Juan Capistrano General Plan and proposed The Farm Specific Plan ; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice,public hearings,findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864,et sec.of the Government Code are intended; COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement"means this Development Agreement. 1.1.2 "CITY" means the City of San Juan Capistrano, a California municipal corporation. 1.1.3 "City Council"means the duly elected city council of the City of San Juan Capistrano. -2- 10306-0005\2182642v4.doc 1.1.4 "Commencement Date" means the date the Term of this Agreement commences. 1.1.5 "Development"means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property;the construction of buildings and structures;and the installation of landscaping. "Development"does not include the maintenance,repair,reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6 "Development Approvals"means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) General Plan Land Use Element map and text amendments(GPA 16- 001); (b) The Farm Specific Plan(Code Amendment 18-004); (b) Tentative and final subdivision and parcel maps; (c) Conditional use permits, public use permits and plot plans; (d) Zoning; (e) Grading and building permits. 1.1.7 "Development Exaction"means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen,offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.8 "Development Impact Fee" a monetary exaction other than a tax or special assessment,whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis,that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project,but does not include park"in lieu"fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals,or fees collected under development agreements adopted pursuant to Article 2.5 of Chapter 4 of the Government Code(commencing with Section 65864). -3- 10306-0005\2182642v4.doe 1.1.9 "Development Plan"means The Farm Specific Plan for development of the Property as set forth in Exhibit "C", which allows for no more than 180 single family residential units. 1.1.10 "Effective Date"means the latter of the three following dates: (i) the date the ordinance approving and authorizing this Agreement becomes effective; (ii) the date that the ordinance adopting The Farm Specific Plan takes effect,and(iii) the date that the resolution approving General Plan Amendment 16-001 takes effect. If one of more of the Ordinance approving this Agreement, the Ordinance approving the Specific Plan, or the Resolution approving General Plan Amendment 16-001 do not take effect, then this Agreement will not take effect. 1.1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements,the maximum height and size of proposed buildings,the provisions for reservation or dedication of land for public purposes,and the design,improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code,rule, regulation or official policy, governing: (a) the conduct of businesses,professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.12 "OWNER"means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.13 "Mortgagee"means a mortgagee of a mortgage,a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.14 "Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.15 "Property" means the real property described on Exhibit"A"and shown on Exhibit"B"to this Agreement. -4- 10306-0005\2 l 82642v4.doc 1.1.16 "Public Benefit" refers to those benefits provided to the CITY and the community by OWNER pursuant to Section 4 below. 1.1.17 "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.3 of this Agreement. 1.2 Exhibits. The following documents are attached to,and by this reference made a part of, this Agreement: Exhibit"A"—Legal Description of the Property. Exhibit"B"—Map showing Property and its location. Exhibit"C"—Development Plan(The Farm Specific Plan). Exhibit"D"—Recreation Easement Areas Exhibit"E"—Form of Open Space Easement Agreement for Recreation Easement Areas Exhibit"F"—Schedule of Development Fees 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. The right to the Development of the Property as provided in this Agreement is hereby vested,as described in Section 3 of this Agreement, and shall be carried out in accordance with the terms of the Development Plan, Development Approvals, Land Use Regulations, and this Agreement. 2.2 Ownership of Proper tY. OWNER represents and covenants that it is the owner of the fee simple title to, or has an equitable interest in, the Property. 2.3 City Council Findings. The City Council finds that: 2.3.1 This Agreement is consistent with the City's General Plan and the Farm Specific Plan. 2.3.2 This Agreement ensures a desirable and functional community environment,provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, enhances effective utilization of resources within the CITY. -5- 10306-0005\2182642v4.doc 2.3.3 This Agreement provides public benefits beyond those which are necessary to mitigate the development of the Project. 2.3.4 This Agreement strengthens the public planning process, encourages private participation in comprehensive planning and reduces costs of development and government. 2.3.5 The best interests of the citizens of the CITY and the public health, safety, and welfare will be served by entering into this Agreement. 2.4 Term. The term of this Agreement shall commence on Effective Date , and shall continue for a period of ten(10) years thereafter,subject to extension upon mutual agreement of the parties. Thereafter, the OWNER shall have no vested right under this Agreement, regardless of whether or not OWNER has paid any Development Impact Fee. 2.5 Assignmen . 2.5.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part(provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership,joint venture, firm or corporation at any time during the term of this Agreement; provided,however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale,transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale,transfer or assignment,OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement("Assignment and Assumption Agreement"),in a form reasonably acceptable to CITY,by the purchaser,transferee or assignee and providing therein that the purchaser,transferee or assignee expressly and unconditionally assumes all the duties, obligations,agreements,covenants, waivers of OWNER under this Agreement, including, without limitation,the covenants not to sue and waivers contained in Sections 7.2 and 8.4 hereof. Any sale,transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.5.1,the burdens of this Agreement shall be binding upon such purchaser,transferee or assignee,but the benefits of this Agreement shall not inure to such purchaser,transferee or assignee until and unless such agreement is executed. -6- 10306-0005\2182642v4.doc 2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment,a transferring OWNER shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: (a) OWNER no longer has a legal or equitable interest in all or any part of the Property subject to the transfer. (b) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph(b) of Subsection 2.5.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.5.3 Subsequent Assignment. Any subsequent sale,transfer or assignment after an initial sale,transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.5.4 Utilities. At OWNER's full expense, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project,prior to the issuance of a certificate of occupancy for any portion of the Project. 2.5.5 Sale to Public and Completion of Construction.The provisions of Subsection 2.5.1 shall not apply to the sale or lease(for a period longer than one year)of any lot that has been finally subdivided and is individually(and not in"bulk")sold or leased to a member of the public or other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk")sold or leased(for a period longer than one year)to a member of the public or other ultimate user; and (b) A certificate of occupancy has been issued for a building on the lot, and the fees for such lot set forth in this Agreement have been paid. 2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. -7- 10306-0005\2182642v4.doe 2.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.4. (b) Entry of a final judgment setting aside,voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement,no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination,any Development Impact Fees paid by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. 2.8 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice,request,demand,approval,statement,report,acceptance,consent,waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i)when delivered in person to the recipient named below;or(ii)on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below;or(iii)on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 -8- 10306-0005\2 l 32642v4.doc Attention: City Manager Copy to: Richards, Watson&Gershon 355 S. Grand Ave, 40th Floor Los Angeles, California 90071-3101 Attention: Kevin Ennis If to OWNER: Virginia Germann, Successor Trustee C. and 1. Vermeulen Revocable Trust 772 Town and Country Road Orange, CA 92868 Attn: Virginia Germann Vermeulen Ranch Center, LLC P.O. Box 160 San Juan Capistrano, CA 92693 Attn: Troy Bourne Telephone: (949) 533-4312 Email: TBourne @�Continuinglife.com Copy to: Manatt,Phelps and Phillips 695 Town Center, 14`h Floor Costa Mesa, CA 92626 Attention: Roger A. Grable (c) Either party may,by notice given at any time,require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights,OWNER shall have a vested right to develop the Property in accordance with,and to the extent of,this Agreement. Except as expressly provided otherwise herein,the Project shall remain subject to all Land Use Regulations and Development Approvals,whether in effect on the Effective Date or subsequently adopted or amended,that are required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement,and notwithstanding the -9- 10306-0005\2182642v4.doc authority of the CITY to further revise the Land Use Regulations pursuant to Government Code section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted or amended but in no event shall the OWNER or future developer be entitled to build more than 180 dwelling units on the site. OWNER shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules,regulations and official policies governing permitted uses of the Property,the density and intensity of use of the Property,the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Land Use Regulations and Development Approvals, whether in effect on the Effective Date or subsequently adopted. In connection with any subsequently imposed Development Approvals and except as specifically provided otherwise herein,CITY may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. CITY shall accept for processing, review, and action, all applications for subsequent development approvals,and such applications shall be processed in the same manner and the CITY shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement. 3.3 Reservation of Rights. 3.3.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property: (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications,notices,findings,records,hearings,reports,recommendations,appeals and any other matter of procedure. (c) Regulations,policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation,all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY,including,without limitation,the CITY's Building Code,Plumbing Code,Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, -10- 10306-0005\21R2642v4.doc that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development,either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. (e) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation,whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in material conflict with the Development Plan; provided OWNER has given written consent to the application of such regulations to development of that Property in which the OWNER has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees,charges,or Land Use Regulations relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (i) Regulations of other public agencies,including Development Impact Fees adopted or imposed by such other public agencies, although collected by CITY. 3.3.2 Subsequent Development Approvals. This Agreement shall not prevent CITY,in acting on subsequent development approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement. 3.3.3 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations,enacted after the Effective Date of this Agreement,prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations;provided,however,that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be or -11- 10306-0005\2182642 v4.doe are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY may possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.5 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that OWNER shall have the right,but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub- phases as OWNER deems appropriate in its sole subjective business judgment. 3.6 Conditions, Covenants and Restrictions. OWNER shall have the ability to reserve and record such covenants, conditions, and restrictions(CC&Rs) against the Property as OWNER deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement, the General Plan, or The Farm Specific Plan. Before recording any CC&Rs, OWNER shall provide a copy of the CC&Rs to the CITY for review and approval by the City Attorney. The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with this Agreement. Within thirty(30) days after receiving a copy of the proposed CC&Rs from OWNER, the City Attorney shall provide OWNER with either(i)a statement that the CC&Rs comply with this Agreement("CC&R Approval")or(ii) written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement(a"Statement of Non-Compliance"). If the City Attorney fails to provide OWNER with either CC&R Approval or a Statement of Non-Compliance within thirty(30) days following a written request by OWNER, CITY shall be deemed to have approved the CC&Rs and OWNER may record the CC&Rs against the Property. If the City Attorney provides a Statement of Non-Compliance, OWNER shall have thirty(30)days in which to respond to the Statement of Non-Compliance. Upon submittal of OWNER's response,the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until OWNER either(1)receives CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an action for declaratory relief in Orange County Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs may run with the land and bind OWNER's successors and assigns. Except as provided above, any dispute between the Parties regarding the CITY's approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the American Arbitration Association. -12- 10306-0005\2182642v4.doc 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Public Benefits. In addition to complying with the Project conditions of approval which are designed, among other things, to mitigate the significant environmental impacts of the Project, OWNER has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain"Public Benefits." The Public Benefits consist o£ 4.2.1 The construction and maintenance of a 0.5-acre community park("Harvest Park") located within the proposed residential community subject to design and amenity approval by the CITY, that will be privately owned and maintained but accessible to the general public and including the following minimum improvements: (i) Tot lot with wood chips (ii) Drinking fountain with bottle filler and also suitable for dogs (iii) Doggy bag dispenser (iv) At least one, but preferably 2,picnic tables with shade structure and concrete slab (v) BBQ grill (vi) Substantial number of shade trees (vii) Turf (viii) Trash and recycling bins. 4.2.2 The construction and maintenance of a shared use trail (pedestrian/equestrian/bicycle), a minimum of 20 feet in width, connecting the public sidewalk on the south side of Del Obispo Street to the sidewalk on the north side of Via Positiva. The shared use trail will be privately owned and maintained but accessible to the general public and will include the following minimum improvements: -13- 10306-0005\2182642v4.doc (i) A cross section consisting of a minimum eight foot(8') wide landscaped parkway adjacent to the road curb, a three foot(3')to four foot(4')high split rail fence, a 20' wide decomposed granite(DG) surface multi-use trail, and another matching three foot(3')to four foot(4')high split rail fence. 4.2.3 In addition, if the CITY plans and, after completing any required CEQA review, approves a shared use trail(pedestrian/equestrian/bicycle, or any combination thereof) consistent with the CITY's trail standards connecting the public sidewalk on the north side of Via Positiva to the CITY owned Joel Congdon House on or before the later of the date on which the first building permit for residential construction is issued,but not including any permit issued for a model home, or July 1, 2020, OWNER within six(6) months of the date on which the first building permit for residential construction is issued, but not including any permit issued for a model home, shall construct at OWNER's sole cost and expense that off-site trail in accordance with the plans approved by the CITY, and which plans may include the following improvements: (i) A three foot(3') to four foot(4')high split rail fence, a 20' wide decomposed granite(DG) surface multi use trail, and another matching three foot(3')to four foot (4') high split rail fence. 4.2.4 Public Open Space Easement. Prior to issuance of a Building Permit for the Project, Developer shall execute one or more open space easements in favor of the CITY for the 0.5-acre community.park("Harvest Park") and the on-site shared used trail (pedestrian/equestrian/bicycle) (collectively,the"On-site Recreation Improvements") as shown in Exhibit D attached hereto and incorporated herein by reference. The open space easement or easements shall ensure that the On-site Recreation Improvements are maintained as public open space for the life of the Project(which maintenance, once the Project's property owners association(the "Association") becomes operational, shall be the responsibility of the Association). The open space easement(s) shall be in form and substance satisfactory to the CITY's legal counsel and substantially in the form set forth in Exhibit E. 4.2.5 City Facilities. Prior to the earlier of(i) the issuance of the first building permit for development within the project, or(ii) December 31, 2019, OWNER shall make a Two Million Dollar($2,000,000.00) cash contribution to the CITY that will be used toward the acquisition, construction, and/or maintenance of City Facilities, as determined by the City Council in its sole and absolute discretion. 4.3 Development Impact Fees; Increases. The Parties hereby agree that OWNER shall be subject to the imposition of Development Impact Fees in effect on the date on which the City Council adopted the ordinance approving this Agreement, and which are set forth in Exhibit F attached hereto and incorporated by reference. 4.4 Dedication of On-Site Easements and Rights of Way. OWNER shall dedicate to CITY all on-site rights of way and easements deemed necessary for public improvements,in CITY's sole discretion, within 15 days of receipt of written demand from CITY. -14- 10306-0005\2182642v4.doc 4.5 Timing of Construction of Off-Site Infrastructure. Approval of any building permits on the Property shall be conditioned upon CITY's determination,in its sole discretion,that sufficient progress is being made on construction of off-site infrastructure serving development of OWNER's Property. 4.6 Accessory Dwelling. Developer agrees not to construct or seek permits to construct an accessory dwelling unit on any residential lot within the Project area. 4.7 Subdivision Map Processing. Pursuant to the provisions of Government Code Section 66452.6(a)(1)the term of any subdivision maps approved for the Project shall be extended to a time coincident with the Term of this Agreement. Therefore,in light of the vested rights provided in this Agreement,OWNER agrees to process all future subdivisions necessary or desired to develop the Project as tract or parcel maps, and not as vesting subdivision maps. 5. FINANCING OF PUBLIC IMPROVEMENTS. OWNER may propose,and if requested by CITY shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements,OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities.Notwithstanding the foregoing,it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The CITY shall review this Agreement annually,on or before the anniversary of the Effective Date,in order to ascertain the compliance by OWNER with the terns of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review,OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER. (b) Upon completion of a periodic review or a special review,the City Manager, -15- 10306-0005\2182642v4.doc or his or her designee, shall prepare a report setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (d) If the City Manager finds and determines on the basis of substantial evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, the City Manager may recommend to the City Council modification or termination of this Agreement. Notice of default as provided under Section 7.3 of this Agreement shall be given to OWNER prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings Upon Modification or Termination.If,upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (c) Such other information that the CITY considers necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination.At the time and place set for the hearing on modification or termination,OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds,based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement, if such modifications are approved by OWNER,and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement,CITY shall,upon request by OWNER,issue a Certificate of Agreement Compliance("Certificate")to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager, City Council, or both that: (1) this Agreement remains in effect; and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. -16- 10306-0005\2 l 82642 v4.doc Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement,or with respect to this Agreement or the application thereof. In general,each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person with respect to this Agreement,and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out of or connected with any dispute,controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Release. Except for non-monetary remedies,OWNER, for itself,its successors and assignees, hereby releases CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including,but not limited to,any claim or liability,based or asserted,pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution,or any other law or ordinance which seeks to impose any other liability or damage,whatsoever,upon CITY because it entered into this Agreement or because of the terms of this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. -17- 10306-0005\2182642v4.doc OWNER's Initials 7.3 Termination or Modification of Agreement for Default of OWNER. CITY may terminate or, with OWNER's approval, modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or'to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions,if any,required by OWNER to cure such default and,where the default can be cured,OWNER has failed to take such actions and cure such default within sixty(60)days after the effective date of such notice or, in the event that such default cannot be cured within such sixty(60) day period but can be cured within a longer time,has failed to commence the actions necessary to cure such default within such sixty(60) day period and to diligently proceed to complete such actions and cure such default. 7.4 Termination of Agement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any,required by CITY to cure such default and,where the default can be cured, CITY has failed to take such actions and cure such default within sixty(60) days after the effective date of such notice or,in the event that such default cannot be cured within such sixty(60) day period but can be cured within a longer time,has failed to commence the actions necessary to cure such default within such sixty(60)day period and to diligently proceed to complete such actions and cure such default. 8. LITIGATION. 8.1 Third Party Litigation Concerning Agreement. OWNER shall defend,at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents,officers, or employees to attack,set aside,void,or annul the approval of this Agreement,or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any claim, action, proceeding or determination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim,action,proceeding or determination,or if CITY fails to cooperate in the defense,OWNER shall not thereafter be responsible to defend,indemnify,or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim,action, proceeding or determination. 8.2 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property,including,but not limited to,soil and groundwater conditions,and OWNER shall -18- 10306-0005\2182642v4.doc defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.3 Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, CITY reserves, the right to either(1) approve the attorney(s) that the indemnifying party selects,hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or(2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement,OWNER,on behalf of itself and its successors in interest,hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes,without limitation, the covenant against any direct suit by OWNER or its successor in interest,or any participation,encouragement or involvement whatsoever that is adverse to CITY by OWNER or its successor in interest,other than as part of required response to lawful orders of a court or other body of competent jurisdiction. OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. In the event of any breach of the covenant or waiver contained herein, CITY shall, in addition to any other remedies provided for at law or in equity,be entitled to: (a) impose and recover(at any time, including after sale to a member of the public or other ultimate user) from the party breaching such covenant or waiver, the full amount of Development Impact Fees that the breaching party would have been required to pay in the absence of this Development Agreement; and (b) impose any subsequently adopted land use regulation on those land use approvals for which the breaching party had not,as of the time of such breach,obtained a building permit. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." By initialing below, OWNER hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. -19- 10306-0005\2182642v4.doc OWNER's Initials 8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner,at OWNER's sole discretion,from encumbering the Property or any portion thereof or any improvement thereon by any mortgage,deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request,from time to time,to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property,or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices,shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement,CITY shall provide a copy of that notice to the Mortgagee within ten(10)days of sending the notice of default to OWNER. The Mortgagee shall have the right,but not the obligation,to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof,pursuant to foreclosure of the mortgage or deed of trust,or deed in lieu of such foreclosure, shall take the Property,or part thereof,subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder,or to guarantee such performance;provided,however,that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder,and further provided that any sale,transfer or assignment by any Mortgagee in possession -20- 10306-0005\2182642v4.doc shall be subject to the provisions of Section 2.5 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council within ten(10)days after the Effective Date,in accordance with Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement,or if the CITY terminates or modifies this Agreement as provided herein for failure of the OWNER to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Orange County Recorder. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations,understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability.If any term,provision,covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing,the provision of the Public Benefits set forth in Section 4 of this Agreement,including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions,and therefore in the event such provisions are determined to be invalid,void or unenforceable,this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned,in whole or in part,by more than one OWNER,all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the -21- 10306-0005\2182642 v4.doc default of all such OWNERS. Notwithstanding the foregoing,no OWNER of a single lot that has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein. 10.8 Time o f Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party,shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods,earthquakes,other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control,(including the party's employment force),government regulations,court actions(such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the Term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance,provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5)years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon,and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a)is for the benefit of and is a burden upon every portion of the Property; (b)runs with the Property and each portion thereof;and(c)is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts,which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or inequity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of -22- 10306-0005\2182642 v4.doc any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development,that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms,covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the City Manager,upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses,as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement,and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. -23- 10306-0005\2182642v4.doc IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER VERMEULEN RANCH CENTER,LLC, a California limited liability company By: Its: [Printed Name and Title] By: Its: [Printed Name and Title] VIRGINIA GERMANN, SUCCESSOR TRUSTEE OF THE C. AND I. VERMEULEN REVOCABLE TRUST DATED MAY 14, 1990 CITY CITY OF SAN JUAN CAPISTRANO, a California municipal corporation By: Mayor Dated: ATTEST: By: City Clerk APPROVED AS TO LEGAL FORM: RICHARDS,WATSON&GERSHON Special Counsel -24- 10306-0005\2182642v4.doc EXHIBIT "A" (Legal Description of the Property) Exhibit A 10306-0005\2182642v4.doc Order No.: 12400360-K26 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: (A PORTION OF APN: 121-182-53) THAT PORTION OF LOT 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33,INCLUSIVE,OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 64; THENCE SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET; THENCE NORTH 53 DEGREES 52 MINUTES 30 SECONDS WEST, 906.58 FEET TO THE NORTHWES'T'ERLY LINE OF SAID LOT; THENCE, NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOT TO THE POINT OF BEGINNING, PARCEL 2: (A PORTION OF APN: 121-182-53) LOTS 63 AND 64 OF TRACT NO. 103, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGES 29 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO CALVIN C. FLINT AND WIFE, RECORDED DECEMBER 30, 1948 IN BOOK 1781, PAGE 69, OFFICIAL RECORDS; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST 806.58 FEET TO THE SOUTHERLY CORNER OF SAID FLINT LAND; THENCE CONTINUING SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET; THENCE SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 63 WHICH IS SOUTH 89 DEGREES 51 MINUTES 00 SECONDS WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63, TOGETHER WITH THAT PORTION OF DEL OBISPO STREET VACA'T'ED BY RESOLUTION NO. 81-9-5 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, RECORDED SEPTEMBER 18, 1981 IN BOOK 14225 PAGE,683,OF OFFICIAL RECORDS. CLTA Preliminary Report Form-Modified(11-17-06) Page 3 Order No.: 12400360-K26 LEGAL DESCRIPTION (continued) PARCEL3: (APN; 121-132-17) THAT PORTION OF LOTS 63 AND 64 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDFD IN BOOK I l._I''A0l:S 29 H IROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 64, DISTANT SOUTH 54 DEGREES 48 MINUTES 30 SECONDS EAST, 745.39 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 64; "THENCE SOUTH 36 DEGREES 07 MINUTES 30 SECONDS WEST,474.77 FEET; THENCE SOUTH 53 DEGREES 52 MINUTES 30 SECONDS EAST,426.76 FEET; THENCE, SOUTH 9 DEGREES 02 MINUTES 20 SECONDS EAST, 260.20 FEET TO A POINT IN THE SOUTH LINE OF SAID LOT 63; DISTANT SOUTII 89 DEGREES 51 MINUTES WEST, 415.87 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 63; THENCE NORTH 89 DEGREES 51 MINUTES EAST, 415.87 FEET TO SAID SOUTHEASTERLY CORNER OF LOT 63; THENCE NORTH 36 DEGREES 56 MINUTES 30 SECONDS EAST, 427.75 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 63 TO THE MOST EASTERLY CORNER THEREOF; THENCE NORTH 54 DEGREES 48 MINUTES 30 SECONDS WEST, 952.79 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOTS 63 AND 64 TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A LICENSED SURVEYOR'S MAP FILED 1N BOOK 2, PAGE 37, OF RECORDS OF SURVEYS, IN TI-lE OFFICE OF TIIE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA. END OF LEGAI, DESCRIPTION Cl]-A Preliminary Report Foran -Modified(11-17-06) Page 4 EXHIBIT"B" (Map of the Property) Exhibit B 10306-0005\2182642v4.doc e � I . �� `���9♦ 4 C• LTi• ♦�*l Atdp �► , I AV J j Q SUP Mae .tow - von �- �•- � - f .�i 'i�ii ���ya�'r�� dW AIM .�(r Avenida-Cabrilo -- - - .�Q/_:..._.A've'rireia-lvlaripasa•-�=-�' � ;*..� , � �,��;�,e::fit 1 - _ ■• :. . w, e e•_i•.aria .�_ loop AL '!�� � � � *' .-`�•_. ,���� y � \�Q� 2�_,ri �� � � , c OT All40 A t , ' � 1 EXHIBIT"C" Development Plan(The Farm Specific Plan) Exhibit C 10306-0005\2182642v4,doc THE FARM San Juan Capistrano Specific Plan No. 2018-01 t E Applicant: Spieker Senior Development Partners P.O. Box 160 San Juan Capistrano, CA 92693 Contact: Troy Bourne,Partner Submitted to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact: Sergio Klotz, Assistant Community Development Director MAY 2018 The FARM Specific Plan Section I: Introduction 1. Introduction........................................................................................................................ 3 1.1. Purpose and Scope of the Specific Plan.......................................................................3 Exhibit I-1: Specific Plan Area Boundaries ................................................4 1.2. General Plan Consistency............................................................................................5 I.3. City Adoption Process.................................................................................................5 1.4. Project Background......................................................................................................5 Exhibit I-2: Specific Plan Area Existing Conditions................................... 6 1.5. Project Definition.........................................................................................................6 1.6. Project Objectives........................................................................................................7 Il. Land Use, Grading Plan and Landscape Plans.................................................................. 8 II.1. Site Context/Existing Conditions................................................................................. 8 Exhibit II-1: Adjacent Land Uses.................................................................8 II.2. Land Use Plan...............................................................................................................9 Exhibit II-2: Land Use Plan........................................................................ 10 Exhibit II-3: Land Use Area Diagram........................................................ 11 II.3. Grading Plan.............................................................................................................. 12 Exhibit II-4: Grading Plan.......................................................................... 12 I1.4. Lighting and Landscaping Plans......................................................................—....... 13 Exhibit II-5: Lighting Plan................................. Exhibit II-6: Landscaping Plan................................................................... 14 I1.5. Phasing Plan for Development................................................................................... 18 Exhibit II-7: Phasing Plan........................................................................... 19 III. Circulation and Infrastructure..........................................................................................20 III.1. Circulation and Parking ............................................................................................20 Exhibit III-1: Regional Circulation..............................................................20 Exhibit III-2: Local Circulation ....................................................................22 Exhibit III-3: Pedestrian Circulation............................................................24 ExhibitIII-4: Parking...................................................................................25 II1.2. Water and Sewer Service...........................................................................................26 Exhibit III-5: Utility Plan.............................................................................26 Exhibit III-6: Water Quality Management Plan...........................................27 Exhibit III-7: Sewer Plan.............................................................................28 I1I.3. Drainage Plan—Hydrology and Water Quality.........................................................29 Exhibit III-8: Hydrology Study.................................................................... 30 55386.00001\8755767.7 I-I The FARM Specific Plan Section I: Introduction II1.4. Utility Service............................................................................................................31 IV. Development Standards/Regulations...............................................................................32 IV.1. Introduction.......................................................................... .......... ................... 32 IV.2. General Provisions.....................................................................................................32 IV.3. Zone District Established...........................................................................................32 IVA. Use Regulations......................................................................................................... 33 IV.5. Development Standards................................................................................... ....33 V. Design Guidelines............................................................................................................34 V.1. Introduction and Applicability...................................................................................34 V.2. The Farm Design Guidelines.....................................................................................34 V.3. Landscape and Lighting Guidelines...........................................................................38 VI. Implementation and Administration................................................................................41 VI.I. Specific Plan Adjustments/Amendments...................................................................41 VI.2. Implementation..............................................................................................•...........42 Appendix: Relationship of Specific Plan to General Plan..............................................43 55386.00001\8755767.7 1-2 The FARM Specific Plan Section I: Introduction I. Introduction I.I. Purpose and Scope of the Specific Plan The City of San Juan Capistrano General Plan was adopted by the City Council in 1999. The General Plan Land Use Map (2002) designates the 35-acre Spieker/Vermeulen property site as "Agri-Business," a component of the"Industrial" land use grouping. The site is zoned Specific Plan/Precise Plan. In order to accommodate The FARM project, the General Plan land use designation is being modified to"Specific Plan/Precise Plan". Similarly, the existing zoning for the site is already "Specific Plan/Precise Plan" to accommodate the project. Adoption of The FARM Specific Plan, this revision for The Farm 180 unit residential plan will implement the City of San Juan Capistrano General Plan and make compatible the City's Zoning Ordinance, as amended. Section 65450 et. seq. of the California Government Code (Title 7, Division 1, Chapter 3,Article 8) authorizes cities to "...prepare specific plans for the systematic implementation of the general plan for all or a part of the area covered by the general plan." Section 65451 of the California Government Code specifies content requirements for Specific Plans as follows: (a) The specific plan shall include text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations,programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and(3). (5) The specific plan shall include a statement of the relationship of the specific plan to the general plan. The FARM revised Specific Plan has been prepared based on the Specific Plan content requirements of Section 65451 of the California Government Code. The boundaries of the Specific Plan area are shown on Exhibit I-1: Specific Plan Area Boundaries. 55386.00001\8755767.7 1-3 The FARM Specific .n Section •• • ExhibitPlan Area Boundaries i 't, o r � .��•, ... .��---� , Gam naL`ebAvrort _ A'� • 1111 1\8755767.7 1-4 The FARM Specific Plan Section I: Introduction I.2. General Plan Consistency A detailed analysis demonstrating the relationship of The FARM Specific Plan to the San Juan Capistrano General Plan is included as Appendix A. The analysis discusses how the project relates to the goals and policies of the City General Plan. The FARM Specific Plan furthers the City's General Plan economic goals by providing fiscal stability, particularly through stimulus to the neighboring Farm Market and the nearby downtown. It furthers the General Plan goal of providing a desirable community for citizens to work, shop,reside and recreate. The architectural design of the project will be consistent and compatible with the existing character of the city and its development will help meet the City's housing goals, including providing up to 180 new housing options. The project is located in close proximity to public transportation access points. In addition, the project provides passive and active open space uses for its residents and their guests, including walking paths. The project is compatible with neighboring public institutional and residential land uses and employs responsible environmental measures. I.3. City Adoption Process A Specific Plan is adopted by the City Council after review and recommendation by the Planning Commission. Both the Planning Commission, in its advisory role, and the City Council, in its approval role,may approve, deny, or modify a Specific Plan. Upon approval, a Specific Plan replaces the project site's zoning and General Plan land use designation. This Specific Plan is a revision to the existing adopted Specific Plan. I.4. Project Background The approximately 35-acre"The FARM"project site is located at 32382 Del Obispo Street in San Juan Capistrano. From approximately 1938 to 1975, the land was used for citrus and other agricultural production. In approximately 1975, the site began a transition from traditional in- ground agriculture production to use as a plant and material warehousing, growing and distribution center. In 1994, the then current tenant paved large portions of the site to facilitate construction of commercial glass greenhouses and loading docks for tractor trailer distribution vehicles. No portion of the site has been used for in-ground agriculture production since 1998. In 2014 the Agricultural tenant relocated to another County where agricultural uses were more productive and infrastructure of both water and work force was available. See Exhibit I-2: Specific Plan Area Existing Uses. 55386.00001\8755767.7 1-5 The FARM Specific Plan Section I: Introduction Exhibit I-2: Specific Plan Area Existing Conditions r The City and its agents evaluated Vermeulen property for permanent open space preservation merit in both 1990 (in connection with Measure D) and again in 2008 (in connection with Measure Y). In both instances, the City, elected not to acquire and convert the site from an industrial use to publically owned open space use but instead acquired other properties both within and outside the City. In 1975, a retail center was constructed on 8 acres adjacent to the 35-acre parcel. The center was expanded to its current size in 1989. The proposed The FARM project does not propose to alter the existing retail land uses or improvements. I.S. Project Definition The Spieker/Vermeulen development plan, The FARM,provides for a master-planned community with up to 180 comfortable homes and a large walking/riding trail that leads from Del Obispo Street to Via Positiva which will than connect to a future trail leading to the Ecology Center. 55386.00001\8755767.7 1-6 The FARM Specific Plan Section I: Introduction I.6. Project Objectives The FARM residential development project objectives include: Establish appropriate General Plan land use and compatible zoning designations to optimize the potential of the project site and facilitate achievement of project objectives. • Provide an opportunity to create a mixed-use environment integrating existing adjoining commercial and institutional uses with a new residential community and community serving pedestrian trail. • Provide a positive financial impact on the neighboring Farm Market and nearby downtown Mission District. • Create a high quality residential community. • Generate additional revenue for the City and Capistrano Unified School District(CUSD) through significantly increased property values with minimal increases in enrollment at local schools. • Create a residential community within walking distance of an elementary and middle school, Community Center, Public Park, Sports Park and Ecology Center. • In addition, resident spending at local restaurants and retail centers will contribute to increased retail sales and associated tax revenue. • Promote the efficient use of water and energy through incorporation of conservation measures, including a comprehensive water quality management plan. 55386.00001\8755767.7 1-7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II. Land Use,Grading Plan and Landscape Plans II.1. Site Context/Existing Conditions The FARM project will be located on approximately 35 acres of land between Del Obispo Street and Alipaz Street,north of Via Positiva in the city of San Juan Capistrano. (Assessor's Parcel Numbers 121-182-53 and 121-182-17). See Exhibit II-1: Adjacent Land Uses. Exhibit II-1: Adjacent Land Uses U 5.3 U.2 1 LU 2.5 L 4U2.0 LI LO LU 2.0 A LU 5.0 WD VLD U,1�0 Psi S�f LU 2.4 MHD LU 4.2 LU 2.4 � MHD U, .3 � 0 a0 _ EP '® LU 1.3 CP 0 s L 44 The Specific Plan area is located in an area characterized by Public and Institutional land uses including: • Assisted living facility(Del Obispo Terrace, 32200 Del Obispo St.), • Church complexes (Mariners Church Ocean Hills, 32222 Del Obispo St. and Community Presbyterian Church, 32202 Del Obispo St.) • Public and private schools (Marco Forester Middle School, 25601 Camino Del Avion, Del Obispo Elementary School, 25591 Camino Del Avion,Kinoshita Elementary School, 2 Via Positiva, Community Presbyterian Preschool, 32202 Del Obispo St., and Heart Christian Academy, 32222 Del Obispo St.) II-8 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan In addition, the area includes many types of Residential land uses(very low, low,medium, and high density uses in the form of single family detached, a mobile home park(Rancho Alipaz Mobile Home Park, 32371 Alipaz St.), and multi-family apartments (Valle Plaza Apartments, 32552 Alipaz St.)). The surrounding area also includes publicly owned land consisting of the San Juan Capistrano Community Center and Sports Park(25925 Camino del Avion)which carries a Community Park land use designation and South Coast Farms(32701 Alipaz St.), a private farm and retail operator currently leasing land acquired by the City in 1990. This property includes the noted Ecology Center. South Coast Farms carries an Agri-Business land use designation. The Specific Plan area currently consists as vacant land with both paved and unpaved surfaces. No portions of the Specific Plan area remain undisturbed, in a natural condition. See Exhibit I-2: Specific Plan Area Existing Conditions. A Phase I Assessment, conducted on the Specific Plan area, did not reveal evidence of any recognized environmental conditions or environmental concerns("Phase I Environmental Site Assessment: Vermeulen Ranch Center", April 2013,prepared by GeoTek, Inc.). I1.2. Land Use Plan The FARM project contains two defining elements. First, it provides up to 180 new residences of varying sizes and styles. See Exhibit II-2: Land Use Plan. The Specific Plan is designed to provide an integrated project with new single family housing and convenient access to retail and recreational uses. The plan, for The FARM, includes a large walking path,through the community, leading to the Ecology Center. See Exhibit II-6: Landscaping Plan for locations of passive and active open space and recreation uses. The Specific Plan and subsequent development plan are designed to significantly upgrade the site's hydrology and water quality by reducing storm flows to pre-development levels through detention and other measures designed to comply with state-of-the-art storm water and water quality regulations, all as described in Section III.3 of the Specific Plan. The Specific Plan also includes water conservation features, including"purple pipes"available for use of reclaimed water, when available and as part of the development approvals. II-9 5 5386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-2: Land Use Plan i i .i Final Land Use Plan to be provided at the time a -. Development Application is j submitted The FARM will be designed in a Classic California Spanish style and or styling consistent with an agricultural theme in keeping with San Juan Capistrano's landmark architectural heritage. The individual components of The FARM are described in greater detail below. See Exhibit II-3: Land Use Area Diagram. II-10 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-3: Land Use Area Diagram � r r 3 � • %" 4 ' ry° Final Land Use Area Diagram to be provided at the time a Development Application is submitted 1 s II-1 l 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.3. Grading Plan The FARM Specific Plan Area is located near the Newport-Inglewood(offshore) and San Joaquin Hills faults, as zoned under the Alquist-Priolo Earthquake Fault Zoning Act 1974-2007, and is considered a seismically active region of Southern California. However, the Hazard Zone Maps for the Dana Point quadrangle indicate that the Specific Plan Area is not located within a zone susceptible to earthquake-induced landslides. Topographically, the site is relatively flat with a slight slope to the east/southeast and a few minor slopes existing within and adjacent to the site. Exhibit II-4: Grading Plan for the Specific Plan Area shows an overall grading area of approximately 35 acres. Construction of water quality features such as planting media for bioswales and select gravel for infiltration areas will be part of the later development application approvals. Implementation of the Grading Plan includes approval of a Grading Plan Modification, since existing grades will be altered by more than two feet. Exhibit II-4: Grading Plan f Y � L' i4nal ing Plan to be p ded at the time a Park De pment Application is miffed 11-12 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.4. Lighting and Landscaping Plans Outdoor Li hg ting Outdoor lighting for The FARM project will include normal residential lighting features that includes downward directed and shielded lights. Exhibit II-5: Lighting Plan, as part of the development approval will include lighting that will be shielded,recessed, or directed downward so that it is contained within The FARM Specific Plan Area,to the extent possible. The lighting fixtures will be selected to prevent glare and spillover onto adjacent properties and to minimize lighting of the night sky. The FARM project will incorporate energy efficient lighting technologies. Landscape accent lights will be utilized to highlight landscape focal points,the community trail and on-site directional monument signs. Locations of exterior lights will comply with the City of San Juan Capistrano's safety standards and Sec. 9-3.529. Exhibit II-5: Lighting Plan Al .. . m i r _ Final Lighting Plan to be provided at the time a Development Application is submitted Landscaping The project landscaping will enhance the aesthetic character of The FARM Specific Plan area. II-13 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-6: Landscape Plan will identify and develop open space areas,trails and uses for residents to conveniently access and enjoy passive and active outdoor amenities. The plant palette for the Landscape Plan will include drought-tolerant native and adapted plant species suitable to the San Juan Capistrano climate. The landscape design will include drought- tolerant, low-to moderate-water-use plants which meet the City of San Juan Capistrano's Water Efficient Landscape Guidelines(Ordinance 966) and Sec. 9-3.527. Landscaping for The FARM will include a range of conservation and sustainability features including: 1. Utilization of"smart" weather-based irrigation controllers. 2. Exclusion of landscape materials that are listed on the Invasive Plant Inventory of the California Invasive Plant Council. 3. Inclusion of California or Mediterranean Species requiring occasional or little watering. 4. Utilization of bubblers or low-flow sprinklers for all non-turf areas. Exhibit II-6: Landscaping Plan y y J 1 l Final Landscaping Plan to be provided at the time a rr Development Application is i - _ submitted1*7 ( � i II-14 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan The landscaping for the The Farm Road, Agriculture Perimeter, Entry Monumentation and Parks all play an important role in establishing the character and quality of the overall feel of the The Farm landscape. Each landscape component will contribute to the overall unity of the landscape character. To achieve the seamless integration of landscape materials throughout the entire Community several Landscape Zones will be defined as part of a future development application. Each landscape zone will define areas of similar landscape visual character and planting design. A plant palette will be established for each zone. The Farm Road- The streetscapes are a critical component in establishing the character of the community and neighborhoods and help to define the public realm. The selection of plant material is intended to promote walkability and pedestrian activity through tree lined streets and parkways that vary in width to create a more natural setting. The parkways will be rural in character and open in appearance. Groupings of large scale trees with drought tolerant shrubs, groundcovers and ornamental grasses will be reminiscent of the community's rural nature. Primary Street Trees: located closest to the street and provides each roadway with its scale and form. Spacing is 30' on-center maximum and drought tolerant when established. Shrubs: used in landscape easements and medians to soften the ground plane and visually link all landscape materials. Large massings of singular type shrubs will be selected according to maturity size, color, texture and seasonal interest and will be placed to not obstruct important pedestrian or vehicular sightlines or threaten the safety of pedestrians. Low growing shrubs will be used in combination with groundcovers and grasses in the medians, parkways and behind sidewalks Shrubs will be selected for their drought tolerant characteristics. Groundcovers and ornamentalrag sses: drought tolerant groundcover species and grasses, including park turf will be low water usage types. aa. f —20' t _.g a• 7 6 L Pf !R Fug D�• /'M( yxvkm� T� I t . 11�K Svc - arrnraK• ,.�. -,tea, cn�ee'x• - '�of •�tiEz�T /itEe, n�.: II-15 55386.00001\8755767.7 The FARM Specific Plan Section I1: Project Description/Land Use and Grading Plan Trees- minitnuni 24" box size: Parkway: Citrus species Citrus Schinus molle California Pepper Background Tree: Citrus species Citrus Eucalyptus maculata Spotted Gum Harvest Park and Community Trail: Harvest Park, centrally located adjacent to The Farm Road provides a safe and comfortable public realm where people can enjoy their surroundings and a logical natural"green infrastructure". The Park&Community Trail creates places to relax, foster community interaction and provides opportunities for continuing environmental education. Harvest Park creates an identity and sense of place as well as provide visual breaks within the built neighborhoods. These less formal landscaped space will be open and large enough to accommodate a variety of passive to informal active uses including a tot lot. Facilities in this Park are not intended to provide active recreation to resident beyond The Farm Specific Plan area. The Community Trail consist of widened open space corridor with landscaping and a Class I multi-use trail that will provide a linkage throughout the community. In addition to the Trail other informal recreation activities such as picnic tables and seating areas may occur. Harvest Park Trees- minimum 24" box size: Arbutus 'Marina' Strawberry Tree Lagerstroenia indica Crape Myrtle Olea europaea Olive Pinus eldarica Afghan Pine Pistacia chinensis Chinese Pistache - Platanus a. `Bloodgood' London Plane Tree Platanus racemosa Western Sycamore I Quercus agrifolia CA. Live Oak Rhus lancea African Sumac r 11-16 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan The Farm Entry: The Community Entries will create a strong community design through the use of landscape materials and streetscape design elements. These design elements include large massing of singular plantings, low stone walls, signage and logo for identification, street lighting, hardscape and landscape treatments. Trees- minimum 24"box size: Olea europaea `wilsoni' Fruitless Olive Eucalyptus maculata Spotted Gum Pinus eldarica Afghan Pine - Agriculture Perimeter: The Agriculture Perimeter is at the perimeter of the site and creates a generous landscape buffer to the public realm as well reinforces the community identity. Trees-minimum 24" box size: if; Citrus species Citrus—2 rows �- Lyonothamnus floribundus Catalina Ironwood Pinus eldarica Afghan Pine aw A Tristania conferta Brisbane Box Z� r/n-s�A5c Irj41r �-(�j�-- Cl v� a II-17 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.5. Phasing Plan for Development The FARM project will be constructed in phases(See Exhibit II-7: Phasing Plan): 1. The size of Phase 1 may be adjusted upward based on pre-sales. The majority of the community amenities, such as the traversing Ecology Trail,will be constructed in Phase 1. It is anticipated that construction of Phase 1 will occur over an approximately one to two-year period. All mass grading, backbone utility installations and off-site infrastructure enhancements associated with The FARM project will be completed in connection with the construction of Phase 1. 2. Phase 2 includes the remainder of the project's residences. Construction of Phase 2 is expected to occur over an approximately 18-60 month period. II-18 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-7: Phasing Plan AI R r 1 - r Final Phasing Plan to be provided at the time a Development Application is submitted w II-19 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure III. Circulation and Infrastructure III.1. Circulation and Parking Vehicular Circulation Regional Access to The FARM is provided by the San Diego Freeway(I-5) which bisects the City of San Juan Capistrano in a north/south direction. I-5 connects to the San Joaquin Hills Transportation Corridor(SR-73) in an east/west direction in the northern portion of the City. Ortega Highway(SR-74) extends in an east/west direction, north of The FARM project, and Pacific Coast Highway(1) extends in an east/west direction south of the project site. See Exhibit III-1: Regional Circulation. Exhibit III-1:Regional Circulation M '♦ i� SAN 9ERNAROINO +B++B+++ BBBB++LOS CANGELES OUNTY w 'i♦*. COUNTY •� ♦e •••.+ .' fulla/lon 0"par .#*•• IIIVE1181DE FheE 'y ♦♦♦♦ .� Cyoreaa + �•i� RIVERSIDE •* COUNTY OA ADEN OI►oV! •% 2 • Santa Ana 'y, ORANGE %..•. ♦ DIEoo COUNTY ' -.♦• Coale Mesa 1 ApEFW Huntington 4a! Y ' 401 Beach Irvine �F� EI Tore ��� •1• Newport Wo • Beach • o ♦♦ Laguna ♦• Beach •1 PACIFIC 1B•++w OCEAN son Joea • Capistrano Po^� : SAN DIEGO COUNTY 111-20 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Local access to the project site is provided by Del Obispo Street and Alipaz Street. Del Obispo Street(from Ortega Highway to the City's southwestern boundary)is designated as a Secondary Arterial roadway by the City of San Juan Capistrano General Plan. Alipaz Street(west of Camino Capistrano) is also designated as a Secondary Arterial roadway. See Exhibit III-2: Local Circulation. The General Plan Circulation Element(p. 12-13) defines a Secondary Arterial as: Typically constructed within a right-of-way of 80 feet with a curb- to-curb pavement width of 64 feet. These four-lane undivided roadways serve as collectors,distributing traffic between local streets and four-lane divided arterials. The maximum capacity of this roadway is 22,500 average daily trips and 2,250 peak hour trips. The FARM project includes two entrances. The primary entrance is located on Del Obispo Street, directly across from the primary entrance to the new Oliva housing development by New Home Company. The project includes the installation of a new traffic signal at the new four-leg primary intersection of Del Obispo Street/Via Pimienta—Project Driveway, and the developer of the project will be responsible for the costs of the signalization and signal coordination work. The secondary,but equal entrance, is located on Via Positiva with a direct access then located on Alipaz Street,where a signalized intersection now exists. III-21 55386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-2:Local Circulation 17 6 os 0 N �Z e R s u R o s 0 San O a. „ Juan c %. C a p i s t r a n o 0 fTON9NKL 011 III-2L 5 5386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Pedestrian Circulation Pedestrian access within The FARM project includes 6-foot-wide lighted pedestrian walkways throughout the site and designated crossing areas and a 20-foot wide multi-use trail. As shown in Exhibit III-3, Pedestrian Circulation, these walkways connect the residences In addition to convenient onsite pedestrian access, the project site is located within a short walk of City trails, the San Juan Capistrano Community Center, Sports Park, Ecology Center and the existing retail center located immediately southwest of The FARM project. The Orange County Transit Authority(OCTA)provides transit service to the Specific Plan site. Existing bus routes are located in the vicinity of the project site including a bus line stop located within one quarter mile of The FARM project. III-23 55386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-3: Pedestrian Circulation or t s . Final Pedestrian Circulation Plan h -. at the time a Development l� plication is submitted ( r i r' III-24. 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-4: Parking I�FIY � �F Rrt }• Final Parking Plan .� t - to be provided at the time a Development Application is submitted fes. 1 III-25 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure II1.2. Water and Sewer Service Water Service Plan The FARM project site, as with the majority of the City of San Juan Capistrano, receives domestic water service from the City of San Juan Capistrano Utilities Department. See Exhibit III-5: Utility Plan. Dexter Wilson Engineering, Inc. prepared an `Overview of Potable Water Service for the Spieker/Vermeulen property in the City of San Juan Capistrano' on February 4, 2014. That plan shows the existing infrastructure available to future housing. See Exhibit-III-6: Water Quality Management Plan. The Specific Plan and subsequent development plans will include installation of"purple pipes" available for use of reclaimed water, when available. The Project may include up to three connections made to the existing 10"public water lines that are owned and operated by the City of San Juan Capistrano and are located in Del Obispo Street and Via Positiva. The existing water system can support the maximum expected fire flow of 3,000 gpm for the proposed project. The onsite potable water distribution system will be part of the improvements and plans contained in the approvals of the subdivision maps. The onsite potable water system is a public system constructed to the standards of the City of San Juan Capistrano. The on-site potable water service system will include 8"and 12"water distribution piping looped in a way that ensures reliability and redundancy for the water supply system. Ten inch piping will not be used as the City of San Juan Capistrano no longer accepts this pipe size. Exhibit III-5: Utility Plan r ' s.41 j Final Utility Pian to be provided at the time a Development Application is f r submitted 4 .' `'. III-26 55386.00001\8755767-7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-b: Water Quality Management Plan r F Final Water Quality Management Plan Y � to be provided at the time a Development Application is submitted Sewer Service Plan The City provides sewer service to the project site via backbone collection and conveyance systems. See Exhibit III-7: Sewer Plan and Exhibit III-5: Utility Plan. Dexter Wilson Engineering, Inc, prepared an `Overview of Sewer Service for the Spieker CCRC"plan in the City of San Juan Capistrano' on January 29, 2014. The existing sewer infrastructure near The FARM project includes a City of San Juan Capistrano 8" gravity sewer in Via Positiva on the south side of the project. This existing line runs east along Via Positiva and connects to an 18" trunk line in Alipaz Street. The 18" gravity sewer line flows south on Alipaz until it connects with a 21" line running along San Juan Creek. This line continues south adjacent to San Juan Creek until it is disposed of at the SOCWA Jay B. Latham Regional Treatment Plant in the City of Dana Point. The onsite sewer system for The FARM project is planned to collect sewer flows within the site and convey them toward the southeast entrance. This configuration follows the general slope of the topography and minimizes the offsite connection to a single location at Via Positiva. Since the minimum gravity sewer line size for the City is 8" diameter, most of the sewer collection system will be this size. III-27 55386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Eight-inch(8") gravity sewer lines are adequate for the onsite collection system up to the final segment exiting the site. The last segment is expected to be 10" in diameter in order to meet the City's flow depth design criteria, as described below. The onsite sewer collection system flows, depth of flow, and sizing will be a part of the final design of the onsite improvements for the subsequent development plans for up to 180 homes. Exhibit III-7: Sewer Plan Y. Final Sewer Plan to be provided at the time a ` Y Development Application is submitted III-28 55386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure III.3. Drainage Plan—Hydrology and Water Quality Hydrology The City maintains storm drainage collection and conveyance facilities within the City. Regional flood control facilities (e.g. Homo Creek, San Juan Creek) are maintained both by the City and the Orange County Flood Control District. Three major creeks traverse through the City to the east of the Specific Plan area: San Juan Creek, Trabuco Creek, and Oso Creek. In addition, a tributary to San Juan Creek, Homo Creek, is also located east of The FARM Specific Plan area. The Specific Plan Area is not located within a flood hazard area, as identified on the United States Federal Emergency Management Agency's (FEMA)Flood Insurance Rate Map. Surface runoff and flows from the City are directed into San Juan Creek before being discharged into the Pacific Ocean to the south. A Hydrology Study was prepared for the Spieker CCRC development(Charles Hartman& Associates,November 2013). The hydrology calculations contained within the Hydrology Study were performed using the 1986 Orange County Flood Control District Hydrology Manual. An updated Hydrology study will be done for the development plan See Exhibit III-8: Hydrology Study. Natural drainage at the site is generally toward the southeast, conforming to the natural topography on and surrounding the project site. Exhibit III-5: Utility Plan shows on-site drainage patterns, as well as the existing and proposed drainage system for The FARM Specific Plan area. The site outfalls to an existing 78" drain line located in Alipaz Street at the southeast corner of the site. The Specific Plan area lies within Flood Zone X as designated by current FEMA Map (No. 06059C0506J). Post-development drainage patterns will substantially conform to the pre- development pattern. The Specific Plan area slopes to the southeast from Del Obispo Street at elevation 112 to Alipaz Street at elevation 68. Proposed storm flows exiting the site will be reduced to pre-development levels using appropriate facilities located near the downstream end of the storm drain system. An underground circular detention tank will be installed. This system will detain the peak flow while releasing flow at a rate equal to or less than the pre-development flow by the use of an orifice sized to release the required flow. The released flow will then be conveyed to the existing storm system at Alipaz Street and Via Positiva. See Exhibit III-6: Water Quality Management Plan. The Specific Plan area has emergency overflow available to the current drainage outlet located at the southwest corner of the project at Alipaz Street. III-29 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-8: Hydrology Study Y' s 1 _ f y . Final Hydrology Study ' } _may to be provided at the time a t Development Application is _ submitted ,- III-30 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Water Quality A"Preliminary Water Quality Management Plan(WQMP) for San Juan Capistrano CCRC"was prepared in November 2013 by Charles Hartman and Associates. See Exhibit III-6: Water Quality Management Plan. It was prepared to comply with the requirements of the City of San Juan Capistrano's Local Implementation Plan and Water Quality Ordinance, as well as the Municipal Separate Storm Sewer System (MS4) Permit, Order R9-2009-0002 which requires the preparation of a project WQMP for priority development projects (a designation which applies to The FARM project). The earlier WQMP identified a combination of Best Management Practices (BMPs)which includes Low Impact Development(LID) Site Design, Source Control and Treatment Control measures to be implemented for The FARM project and will be further detailed in an updated WQMP prepared as part of the development application. These proposed design and control measures will employ a multi-level strategy consisting of. 1)reducing or eliminating post- project runoff, 2) controlling sources of pollutants; and 3)treating storm water runoff before discharging it to the storm drain system or to receiving waters. The proposed project will minimize impervious areas by providing large landscaped areas including a small park and the traversing trail system. The streets, sidewalks and parking areas will be constructed to the minimum widths necessary. III.4. Utility Service Electrical service to the City of San Juan Capistrano is provided by San Diego Gas &Electric (SDG&E) through a grid of transmission lines and related facilities. Natural gas is also provided by SDG&E,which maintains a local system of transmission lines, distribution lines, and supply regulation stations. The City contracts with CR&R, a private waste hauler, to collect and dispose of the solid waste generated within the City, which is collected and transported to one of the three regional landfills operated and maintained by OC Waste and Recycling. The FARM project utilizes the following practices with respect to its Waste Management Plan: Waste is classified as both recycled and non-recycled with a targeted diversion rate exceeding 50%. Each home will have separate cans for recycled and non-recycled trash. Cans are emptied once a week on regularly scheduled pick-ups with the local provider using standard trash trucks. III-31 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines IV. Development Standards/Regulations IVA. Introduction The Specific Plan/Precise Plan(SP/PP) District regulations included in this Chapter are adopted pursuant to Section 9-3.317 of Title 9 of the San Juan Capistrano Municipal Code(Land Use Code.) The purpose of the land use regulations is to define permitted uses, development standards and other zoning regulations for The FARM project. In cases where a land use or a development regulation is not addressed in this Chapter,the appropriate section of the Land Use Code shall govern. In cases of conflict between a land use or a development regulation in this Chapter, and the Land Use Code,this Chapter shall prevail. IV.2. General Provisions The following land use regulations specify permitted land uses and development standards including lot size, setbacks,building heights and floor area ratio. The Planning Director shall have the authority to review proposed land uses that are not listed in the land use regulations. The Planning Director may then determine that a proposed unlisted use may be permitted if the proposed use: • Is compatible with the purpose and intent of the subject land use district; • Is of a nature that is comparable to the principal, temporary or conditional uses permitted in the subject land use district; and, • Will not be detrimental to property in the vicinity of the proposed use. Development review. Projects proposed within the The Farm Specific Plan, shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of the San Juan Capistrano Zoning Code. Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and similar regulations for the The Farm Specific Plan see Article 5 Supplementary District Regulations of the Land Use Code. Development of the Specific Plan is also subject to all the mitigation Measures of the Mitigated Negative Declaration(MND) adopted for the Specific Plan. IV.3. Zone District Established The following zone district is hereby established for regulating development and land uses: Specific Plan/Precise Plan District(SP/PP). The SP/PP zone district is consistent with the City's General Plan as demonstrated in Appendix A of this Specific Plan. V-32 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines IVA. Use Regulations The purpose of the use regulations is to specify the allowable uses, including any qualifying descriptions or definitions and requirements for conditional use permits, accessory uses, and temporary use permits. (a) PRINCIPAL USES AND STRUCTURES PERMITTED (1) Single-family detached dwellings on individual lots. (b) TEMPORARY/PERIODIC USES AND STRUCTURES PERMITTED (1) Temporary real estate offices and signs, subject to the requirements of the applicable section(s) of the Land Use Code (2) Temporary construction facilities, including trailers, subject to the requirements of the applicable section(s) of the Land Use Code. IV.5. Development Standards Table 4-1 specifies the development standards for the FARM. Table 4-1 Development Standards One One Two Two Two One Story' One Story Two Story' Two Story' Story' S[ory' Story Story' Story' Min, Max.Lot Min. Min. Max.Lot Max.2nd Min.Lot Min.Front Min,Side Min.Rear Min.Rear Max.Bldg. Street Coverage Front Side Coverage floor/1st Area Yard 2.1 Yard'-'''` Yard 2.6 Yard'-• Hgt. Frontage Ratio Yard'-" Yard"" ratio, floor ratio 4,000 sq.ft. 50 ft. 18 ft. 5 ft. 16 ft. 0.50 20 ft. 10-5 ft. 20 ft. 0.35 80% 35 ft. Max.=Maximum,Min.=Minimum,DU =Dwelling Unit,Yd.=Yard,Bldg.=Building,and Hgt.=Height Notes: 1 All new residential projects shall incorporate a combination of one-and two-story units adjacent to all master planned arterial streets,with at least 20%of the total project units being one story. 2 The criteria for measuring setbacks on irregularly shaped and cul-de-sac lots shall be in accordance with Section 9-4.315,Irregular and Cul-de-sac Lots of the Municipal Code. 3 A minimum setback of 18 reef from the front property line shall be maintained for the garage.If the garage is a side entry,the front yard setback may be reduced to a minimum of 10 feet.However,in no instance shall side entry garages using this standard exceed 20%of the total units for the residential project. 4 Architectural projections may extend into required side yards no more than 40%,or more than 3 feet whichever is greater. V-33 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines 5 Minimum exterior side yards shall not be less than 5 feet on one side and 10 feet on the other. 6 Open patios may extend up to a minimum of 5 feet from rear property lines in accordance with Section 9-3.501,Accessory Uses and Structures of the Municipal Code. 7 The overall building square footage for the primary structure shall not exceed that using the floor area ratio.For the purposes of calculating overall square footage,open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed;said area shall include garage and enclosed porches. V. Design Guidelines V.I. Introduction and Applicability The City of San Juan Capistrano Design Guidelines (dated September 1, 2003) include detailed design guidelines for a range of land use types, including residential,commercial and industrial. The adopted City of San Juan Capistrano Design Guidelines address the land uses associated with The FARM project. The adopted Design Guidelines were reviewed, and applicable guidelines contained therein are provided below. In some cases the text of the guideline(s) below does not match verbatim the text of the guideline(s)contained in the adopted City of San Juan Capistrano Design Guidelines, as amended and augmented to address the single family residential uses of The FARM. The intent of the following design guidelines for The FARM is to ensure a high quality of development that enhances the visual and functional quality of San Juan Capistrano and to comply with the relevant goals, objectives and policies of the City of San Juan Capistrano General Plan. The FARM site plan and architectural design will also be reviewed through the City's Development Review process. This process could yield further direction on the project's design. V.2. The FARM Design Guidelines General Design Objectives • Establish high-quality,pedestrian friendly and functional site arrangement for residences, parking and landscaping areas. • Provide stylistically authentic and creative architectural design solutions that convey a sense of timelessness and elegance. • Create visual interest by utilizing architectural and landscape concepts that maintain a sense of harmony and proportion along street frontages and other areas of the project exposed to public view. • Provide adequate open space. V-34 55386.0000 1\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Provide adequate on-site and street parking. • Utilize high quality details and materials. Site Planning • Minimize use of retaining walls. • Acknowledge the site's positive characteristics through appropriate placement of structures, circulation patterns and open space. • Incorporate"entry"and"edge" design features. Ornamental landscaping, open space areas, architectural monumentation and enhanced paving may be utilized to create a unique design statement and distinguish new development from its surroundings. • Design sidewalks so that they are safe, attractive and well-defined by landscaping. • Provide a four-foot minimum clear width(exclusive of curb) for sidewalks. Where the site plan allows, incorporate landscaped parkways between street curbs and sidewalk areas. • Accommodate adequate off-street parking areas. Provision of eighteen-foot minimum driveways is encouraged. • Provide a landscaped planting area between adjacent driveways to minimize adverse visual impacts from expansive driveway surfaces. • Provide pathways to open space areas and vistas. • Enhance and architecturally complement walls and fences by adjoining landscaping. Tiered planting should be provided adjacent to perimeter walls to soften their appearance from surrounding areas. • Integrate site entry gates architecturally within the overall project design theme. • Provide for vehicle maneuvering, stacking and emergency access on site. • Minimize adverse visual impacts of parking areas, carports, and garage doors by proper siting and design. • Provide a four-foot minimum clear width for walkways. • Ensure that pedestrian walkways are safe, attractive and well-defined by landscaping. • Screen mechanical and utility equipment. The design of all screening devices should complement building architecture as well as materials and colors of adjacent structures. V-35 55386.00001\8755767,7 The FARM Specific Plan Section V: Design Guidelines • Minimize visual impact of transformers,valves, timers and other utility apparatus from public rights-of-way. Transformer units which are required to be installed along street frontages should be undergrounded or otherwise screened from public view with landscaping. • Ensure that trash, storage enclosures and other ancillary structures, such as grouped mail boxes, are architecturally compatible with the project theme. • Construct community perimeter walls of high quality, enduring construction materials such as masonry and/or ornamental metal (view fencing). • Enhance and architecturally complement walls and fences by adjoining landscaping. Tiered planting should be provided adjacent to perimeter walls to soften their appearance from surrounding areas. • Ensure compatibility with abutting residential uses in terms of the project's building height, scale, and mass by considering increased setback buffers, intensified landscaping or design elements. Architectural • Develop a high quality residential environment. • Enhance and take advantage of the site's unique natural amenities through building design. Home design should be inspiring, functional and enduring. • Provide compatibility in terms of form, size, color, materials and roofline with the character of exisiing development in the surrounding area through the architectural design. • Emphasize and reflect the presence and importance of people through the use of"human scale"proportions and architectural building details. • Take into consideration scale, style and proportion of the overall architectural form in the arrangement and design of architectural elements such as windows, doors, cornice details, etc. • Employ consistently the project's architectural style on all building elevations. • Provide roof articulation, and avoid flat roofs, in building design. • Study carefully and coordinate harmoniously window sizes and their arrangement on a building elevation. • Use consistently specific window style and level of detail. V-36 5 5386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Use multiple panel door designs, windows or other architectural detailing on garage doors to reduce their impact and scale. • Take the surrounding development into consideration in the selection and application of building materials and colors. • Complement, stylistically, materials to architectural details. • Change colors and materials infrequently. Change colors and materials at interior corners and coincide with vertical and horizontal wall plane changes. • Take into consideration scale, style and proportion of the overall architectural form in the arrangement and design of architectural elements such as windows, doors, cornice details, etc. • Include architectural elements such as balconies and porches to add visual interest, scale and enhance the architectural character of the neighborhood. Develop a high quality residential environment. • Use the buildings' massing and dimensional ratios of building components to create a harmonious visual balance and contribute to the architectural rhythm. • Include fagade offsets as part of the building design in order to reduce visual massing impacts of multi-story structures. • Avoid unarticulated, boxy and/or monotonous building fagades that lack"human scale". • Use distinctive architectural elements, materials and colors to denote primary building entries or individual unit entries. • Project a residential appearance through use of pitched roof design solutions and use of appropriate roofing materials. • Use verandas,porches and other types of covered outdoor areas to provide human scale proportions to building fagades and establish defensible space area boundaries. • Use pilasters, awnings and comparable architectural embellishments. • Design ancillary structures such as carports, detached garages,recreational buildings and storage structures as an integral part of the project architecture. • Accessory and service structures should be similar in material, color, and detail to the primary building. • Screen all mechanical equipment from view, to the extent feasible. All screening enclosures should be compatible with the architecture, colors and materials of the main building(s). V-37 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Coordinate,vertically and horizontally, the placement of fenestration elements on a building's facade. Consistent use of the same or complementary window and door styles on a building should be provided. • Choose materials to complement the overall project design and context. Building materials should convey a sense of quality and permanence. • Provide exterior building materials and colors that are stylistically authentic and complementary to the overall architectural design. Frequent changes in construction materials should be avoided. • Change materials in wall planes,preferably at interior corner locations to avoid a "tacked-on" appearance. • Use muted colors and deep hues that reflect the project site's context. • Ensure compatibility of the colors and materials of accessory structures,trellises,porches or colonnades with the main residence. • Match the color of fascia or wall materials with gutters and downspouts, unless designed as an outstanding architectural feature. • Use building materials such as brick, wood accents, and stucco. V.3. Landscape and Lighting Guidelines Lighting • Avoid direct glare of site and building lighting onto adjoining property and streets. • Utilize decorative light fixtures. • Locate pedestrian-scale lighting along all pedestrian routes. • Install street lighting fixtures in a staggered configuration on both sides of the street to meet required lighting levels. Landscape • Utilize landscaping to frame, soften and embellish the quality of the environment,buffer from noise and screen undesirable views. • Design project landscaping to contribute towards achieving an overall cohesive appearance and compatibility with surroundings. V-38 55386.0000 1\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Provide tiered planting(tree-shrub-turf) and decorative hardscape to enhance the visual character of the project. • Encourage the use of the following planting design concepts: Use planting to soften building lines with shadows and patterns. Use canopy trees in parking areas and passive open space areas. Use specimen trees in informal groupings or rows at major focal points. Use berms,plantings and walls to screen parking lots, trash enclosures, storage areas,utility boxes, etc. • Provide landscaping adjacent to the perimeter areas of buildings. • Protect landscaping from vehicular and pedestrian encroachment. • Preserve and integrate existing vegetation within the overall landscape plan for the project. • Select landscape materials that are appropriate for the climatic zone of the City and for the function they are intending to serve including visual screening space definition, privacy and accenting purposes. • Place plant materials so that they do not interfere with lighting or restrict access to emergency apparatus. • Provide a minimum of eight feet between the center of trees or large shrubs and fire hydrants, fire department sprinklers and standpipe connections. • Install root barriers(guards)between planting and adjoining hardscape areas. A five-foot minimum clearance should be provided between root barriers and adjacent hardscape areas. • Cluster trees on property lines to screen buildings and take advantage of views. • Locate plant materials in a manner that simulates natural conditions. • Preserve and incorporate existing mature, healthy trees in the overall landscape plan. • Ensure the natural quality and appearance of selected planting materials in common area landscaping and maintenance. • Install slope plantings all slopes with gradients greater than 6:1 and with a vertical height of three feet within thirty days of completion of finish grading. • Space all plant materials appropriately to control soil erosion. • Plant trees, shrubs and ground cover in undulating groupings to improve the character of manufactured slopes. • Include permanent irrigation systems in new or vegetated slopes. V-39 5 5386.0000 1\8755767.7 The FARM Specific Plan Section V: Design Guidelines V-40 55386.00001\8755767.7 The FARM Specific Plan Section VI: Implementation and Administration VI. Implementation and Administration VIA. Specific Plan Adjustments/Amendments Introduction During implementation of The FARM Specific Plan, the need may arise to make revisions and/or modifications to the adopted Specific Plan document and/or exhibit(s) in order to respond to market conditions and to ensure consistency in design within the Specific Plan area. These necessary modifications may be minor in nature or they may require more substantive revision(s) to the approved Specific Plan. The extent of the modification requested, as well as its conformance with the overall intent of The FARM Specific Plan and the City of San Juan Capistrano General Plan, will determine whether administrative review/approval, or formal review/approval by the City Council,will be required. Both processes are discussed below. VI-41 55386.00001\8755767.7 The FARM Specific Plan Section VI: Implementation and Administration Specific Plan Amendments Amendments to the adopted The FARM Specific Plan shall be processed in the same manner provided for a Comprehensive Development Plan as set forth in subsection(d) of Section 9- 3.315 Planned Community(PC)District of the Municipal Code. Specific Plan amendments must conform to the City of San Juan Capistrano General Plan and will be evaluated for potential environmental impacts. VL2. Implementation All building permits issued within The FARM Specific Plan Area shall be subject to review prior to approval to ensure conformance with the approved The FARM Specific Plan and the approved Architectural Control for the Specific Plan Area. Financing associated with the development of The FARM will be obtained by the landowners. No public financing is associated with the project. VI-42 55386.00001\8755767.7 Appendix INTRODUCTION This Appendix to The FARM Specific Plan discusses how The FARM project relates to the goals and policies contained in the various elements of the City of San Juan Capistrano General Plan. Section 65450 et. seq. of the California Government Code(Title 7, Division 1, Chapter 3, Article 8) authorizes cities to "...prepare specific plans for the systematic implementation of the general plan for all or a part of the area covered by the general plan." The California Government Code identifies content requirements for Specific Plans (Section 65451). Among those is a requirement that"...the specific plan shall include a statement of the relationship of the specific plan to the general plan". The following is an analysis of The FARM Specific Plan's consistency with the City of San Juan Capistrano General Plan. The City of San Juan Capistrano General Plan includes the following twelve topical elements: • Land Use Element • Circulation Element • Housing Element • Conservation/Open Space Element • Safety Element • Noise Element • Cultural Resources Element • Community Design Element • Growth Management Element + Parks and Recreation Element • Public Services and Utilities Element • Floodplain Management Element LAND USE ELEMENT Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Policies: 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. 1.2: Encourage commercial, tourist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. 1.3: Encourage mixed commercial and residential use projects in the Mission District downtown area to conserve land and provide additional housing opportunities and population to support commercial services and retail sales. Consistency Discussion: Development of The FARM project will provide a significant increase in city property tax receipts associated with the Specific Plan area. Residents of the community and their visitors will contribute to an increase in retail sales revenue and related city sales tax receipts at local dining, shopping and tourist oriented venues. Land Use Goal 2: Control and direct future growth within the City to preserve the rural village- like character of the community. Policies: 2.1: Continue controlling growth through the implementation of the City's residential growth management program. 2.2: Assure that new development is consistent and compatible with the existing character of the City. 2.3: Ensure that development corresponds to the provision of public facilities and services. Consistency Discussion: Detailed design guidelines have been provided in the Specific Plan to ensure the project is consistent and compatible with the existing character of the City. The FARM Specific Plan is located adjacent to roadway and utility infrastructure to support its development. Section III of the Specific Plan provides detailed information on infrastructure provisions associated with The FARM project. Land Use Goal 3: Distribute additional population within the City based on risk factors. Policies: 3.1: Confine higher density land uses to the valley areas outside of the floodplain. 3.2: Limit density of development in the hillsides, floodplains, and other high-risk areas. Consistency Discussion: The FARM Specific Plan Area is situated within a valley area and is not located within a high- risk area. The site is located outside of designated floodplains. The "Geotechnical Due- Diligence Evaluation, Proposed Retirement Community, Armstrong Nursery/Del Obispo Property, City of San Juan Capistrano", prepared by GMU Geotechnical, Inc. dated August 1, 2013), determined that the project is "feasible and practical from a geotechnical engineering perspective." This determination is valid for the FARM Specific Plan. Additional studies will be provided as part of the development application approvals to reconfirm the geotechnical stability of the area. Land Use Goal 4: Preserve major areas of open space and natural features. Policies: 4.1: Preserve areas of natural hazards, such as landslides and floodplains, which would jeopardize the public health and safety. 4.2: Implement land and open space rights acquisition programs to allow for the long-term preservation of open space resources. 4.3: Preserve designated ridgelines and the immediate adjacent area to maintain the open space character of the community. Consistency Discussion: As discussed under Land Use Goal 3, above, the geotechnical evaluation prepared for the earlier project did not determine that there were any geotechnical hazards associated with the Specific Plan Area that would jeopardize public health and safety. The General Plan does not identify any ridgelines on or adjacent to the Specific Plan Area, nor does it identify open-space resources associated with the Specific Plan Area. Land Use Goal 5: Encourage commercial development which serves community needs and is located in the existing central business district. Policies: 5.1: Encourage the location and retention of businesses within the downtown Mission District. Consistency Discussion: Residents of The Farm community and their guests will provide economic stimulation to restaurants and other businesses in the downtown district, located just minutes from The FARM project.. Land Use Goal 6: Enhance or redevelop underperforming commercial centers. Policies: 6.1: Allow for the transition of the oversupply of commercial land use to other economically viable revenue producing land uses. Consistency Discussion: The immediate proximity of The FARM project to the existing Vermeulen shopping center will provide revitalization to the center's existing commercial uses. Land Use Goal 7: Enhance and maintain the character of neighborhoods. Policies: 7.1: Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non-conforming buildings and uses. 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. 7.3: Utilize programs for rehabilitation of physical development, infrastructure and undergrounding of utilities within the City to improve community neighborhoods. 7.4: Protect the existing population and social character of older areas subject to rehabilitation and redevelopment. Consistency Discussion: The FARM Specific Plan establishes new development standards for the Specific Plan Area. It also contains detailed design guidelines, the implementation of which will help to preserve and enhance the quality of San Juan Capistrano neighborhoods and ensure that The FARM is compatible with the physical characteristics of the Specific Plan Area, the surrounding land uses, and the available public infrastructure (refer to Section III of the Specific Plan for a detailed discussion of infrastructure provision associated with Specific Plan implementation.) CIRCULATION ELEMENT Circulation Goal 1: Provide a system of roadways that meets the needs of the community. Policies: 1.1: Provide and maintain a City circulation system that is in balance with the land uses in San Juan Capistrano. 1.2: Implement the City's Master Plan of Streets and Highways. 1.3: Coordinate improvements to the City circulation system with other major transportation improvement programs. 1.4: Improve the San Juan Capistrano circulation system roadways in concert with land development to ensure sufficient levels of service. 1.5: Improve existing arterial system that serves regional circulation patterns in order to reduce local congestion(Ortega Highway at I-5). 1.6: Reduce the congestion along local arterial roadways in commercial areas by driveway access consolidation,parking area interconnections and similar actions. Consistency Discussion: Section III of The FARM Specific Plan addresses both vehicular and pedestrian circulation associated with project. As part of The FARM Specific Plan, a traffic study was prepared. The Traffic Impact Analysis of the Draft Mitigated Negative Declaration (MND) for The FARM Specific Plan concludes that The FARM project will have no significant or un-mitigatable impacts to traffic or circulation. Circulation Goal 2: Promote an advanced public transportation network. Policies: 2.1: Encourage the increased use and expansion of public transportation opportunities. 2.2: Promote new employment-producing development in areas where public transit is convenient and desirable. 2.3: Encourage the provision of additional regional public transportation services and support facilities, such as park-and-ride lots. Consistency Discussion: The FARM Specific Plan area is located within one-quarter mile of a bus stop. The area surrounding the Project site is served by existing bus routes. The FARM Specific Plan represents a diverse employment producing development where public transit is convenient and desirable. Circulation Goal 3: Provide an extensive public bicycle,pedestrian, and equestrian trails network. Policies: 3.1: Provide and maintain an extensive trails network that supports bicycles,pedestrians, and horses and is coordinated with those networks of adjacent jurisdictions. Consistency Discussion: Pedestrian access within The FARM includes a network of lighted pedestrian walkways. These walkways and expanded traversing trail system connects the residences to the local public recreation amenities, the Ecology Center and will provide access throughout The FARM for residents, guests. Circulation Goal 4: Minimize the conflict between the automobile, commercial vehicles, pedestrians,horses, and bicycles. Policies: 4.1: Provide sufficient right-of-way widths along roadways to incorporate features that buffer pedestrians,horses, and bicycles from vehicular traffic. 4.2: Provide traffic management improvements within areas where through traffic creates public safety problems. 4.3: Install additional street improvements within areas where necessary to improve vehicular and non-vehicular safety. 4.4: Apply creative traffic management approaches to address congestion in areas with unique problems, such as schools,businesses with drive-through access,and other special situations. Consistency Discussion: Section III of The FARM Specific Plan addresses both vehicular and pedestrian circulation associated with project. The plan includes a network of pedestrian walkways designed to provide safe and convenient access to and between community's amenities and residences. The Specific Plan Area is serviced by private roadways conforming to the standards found in the San Juan Capistrano General Plan. Circulation Goal 5: Achieve the development of regional transportation facilities. Policies: 5.1: Support the implementation of the Orange County Master Plan of Arterial Highways and the south Foothill Tollway Segment(Segment CP). 5.2: Work closely with adjacent jurisdictions and transportation agencies to ensure that development projects outside San Juan Capistrano do not adversely impact the City or other providers of public transportation service within the City. Consistency Discussion: The FARM Specific Plan does not identify considerations related to the development of regional transportation facilities. The implementation of The FARM Specific Plan will not impede the City's efforts with respect to Circulation Goal 5 for the City of San Juan Capistrano. HOUSING ELEMENT Housing Goal 1: To create and maintain "decent housing and a suitable living environment" for all households in the community. Policies: 1.1: To encourage all households to maintain and rehabilitate all housing to prevent deterioration. 1.2: To preserve all housing and neighborhoods throughout the City in a safe environment to live,work and play. 1.3: To encourage the rehabilitation of deteriorating houses where feasible and provide assistance when necessary for households who cannot afford the costs of such improvements. 1.4: To obtain the rehabilitation of 120 units over the next six years. For the purposes of this goal it is anticipated that 20 units per year will be rehabilitated. 1.5: To provide and maintain an adequate level of services and facilities in all areas of the City. Consistency Discussion: The FARM Specific Plan directly implements Housing Goal 1 by developing a residential community within the Specific Plan Area. A total of up to 180 individually owned homes will be developed. An active Home Owners Association will maintain the common areas without the need for public funding. Housing Goal 2: To achieve housing production levels to the maximum extent feasible with available funding to meet projected needs. Policies: 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. 2.2: To continue the City's program of allowing the placement of mobile homes, factory built housing on vacant residential parcels in single family zoning districts. 2.3: To create funding opportunities for the purchase of affordable housing by very low, low and moderate income households. Consistency Discussion: The FARM Specific Plan residential community directly implements Housing Goal 2 by developing up to 180 residential units. These residences complement the range of housing types and sizes available within the City of San Juan Capistrano. Housing Goal 3: To encourage, whenever possible, the creation of new affordable housing units on those sites identified by the City as suitable for such development. Policies: 3.1: To promote and encourage the new construction of private sector, including nonprofit housing organizations, rental housing for very low, low and moderate income households. 3.2: To facilitate the production of 100 rental units through approved and potential developments over the next six years which will be affordable to very low and low income households. To be able to meet this objective, the City will provide expedited development review of any development application for affordable units during the Housing Element cycle. 3.3: To target City owned sites available for housing production for working families. Consistency Discussion: Implementation of The FARM Specific Plan will not impede the City's efforts with Goal 3 as the City will require any future residential development of the site to have at least 10% of the new units be affordable housing or to pay an "in lieu"fee so that said affordable housing units can be developed elsewhere in the City. Housing Goal 4: To the maximum extent feasible,develop assistance programs to address the needs to provide affordable housing for the City's current and future households. Policies: 4.1: To continue participation in the Section 8 Housing Assistance Payments Program through the County of Orange. 4.2: Implement affordability agreements for all housing projects that receive financial assistance from the City and/or Community Redevelopment Agency. 4.3: Continue to participate in the Mortgage Credit Certificate Program(MCCP). Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's development of housing assistance programs. Implementation of The FARM Specific Plan will not impede the City's efforts to develop housing assistance programs. Housing Goal 5: To satisfy housing needs through the use of assistance programs that utilize existing housing units and the production of new housing units. Policies: 5.1: Continue the rental subsidy program to assist low and very low income households. Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's development of housing assistance programs. Implementation of The FARM Specific Plan will not impede the City's efforts to develop or implement its rental subsidy program. Housing Goal 6: To continue reviewing residential development applications with multiple discretionary reviews concurrently and to expedite, whenever possible, when part of an affordable housing program and/or project. Policies: 6.1: Continue to encourage affordable housing applications through the adoption of density bonus and financial assistance programs of the City and the Community Redevelopment Agency. 6.2: To continue cooperative agreements,as appropriate with State, County and other agencies, so that community housing needs are met to the greatest degree possible. 6.3: To evaluate procedures and innovative techniques and technology advances in reducing the cost of land use regulations on housing choices. 6.4: To continue a program to constantly evaluate procedures and regulations that will result in expeditious processing of development applications at reduced cost to the applicant. Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's expedited processing of affordable housing applications. Implementation of The FARM Specific Plan will not impede the City's efforts to expedite applications. Housing Goal 7: To promote housing opportunities for all persons regardless of race, religion, sex, marital status, sexual preference, ancestry,national origin, or color. Policies: 7.1: Continue efforts to facilitate the unimpeded access to housing without consideration of arbitrary distinctions. 7.2: Continue adopted procedures whereby the City refers apparent violations of the law to enforcement agencies for consideration of remedial actions. Consistency Discussion: The FARM Specific Plan will be designed for residents of all ages and will not discriminate based on race, religion, sex, marital status, sexual preference, ancestry, national origin, or color. CONSERVATION/OPEN SPACE ELEMENT Conservation/Open Space Goal 1: Preserve and enhance open space resources. Policies: 1.1: Identify remaining areas which should be preserved and enhanced as open space resources. 1.2: Continue to implement land and open space-rights acquisition of appropriate properties to allow for the long-term preservation of open space resources. 1.3: Identify and implement funding programs to maintain open space lands. Consistency Discussion: The General Plan does not identify open space resources associated with the Specific Plan Area. However, The FARM Specific Plan does include a number of outdoor amenities to enhance its open space, both passive and active, including a traversing walking path and a small park. Conservation/Open Space Goal 2: Protect and preserve important ecological and biological resources. Policies: 2.1: Use proper land use planning to reduce the impact of urban development on important ecological and biological resources. 2. 2: Preserve important ecological and biological resources as open space. 2.3: Develop open space uses in an ecologically sensitive manner. 2.4: Continue to designate the City as a bird sanctuary to preserve and protect the populations of all migratory birds which serve as a prime resource to the character and history of the community. Consistency Discussion: The FARM Specific Plan Area does not contain important ecological and biological resources. Implementation of The FARM Specific Plan will not impede the City's efforts to protect and preserve its ecological and biological resources. The General Plan does not identify open space resources associated with the Specific Plan Area. Conservation/Open Space Goal 3: Preserve existing agricultural activity. Policies: 3.1: Implement economic programs that promote the long-term viability of designated agricultural parcels within the City. 3.2: Reduce the negative impacts resulting from urban uses and neighboring agricultural uses in close proximity. Consistency Discussion: The FARM Specific Plan Area is currently identified as an Agri-Business site in the General Plan's Industrial land use category. However, no portion of the site is being used to grow in- ground agricultural products. Ten years ago, much of the site was paved with concrete and asphalt to facilitate construction of warehouses, loading docks, greenhouses and related roadways in order to accommodate the site's previous use as a regional warehousing, distribution and growing center for plant material and container plants. A California Agricultural Land Evaluation and Site Assessment was performed for an earlier proposed project, which evaluated the agricultural value of the project site using the accepted California LESA Model. This study assigned the project site a total LESA score of 63.45 out of a possible 100, with a SA subscore of 18.75. Based on the objective LESA scale, the Land Evaluation and Site Assessment concluded that "pursuant to the LESA model, the proposed conversion of the site from agriculture to non-agricultural uses would not be considered to be significant." Further, development of The FARM project will not negatively impact neighboring parcels currently being used for active agricultural purposes. Conservation/Open Space Goal 4: Prevent incompatible development in areas that should be preserved for scenic, historic, conservation, or public safety purposes. Policies: 4.1: Assure incompatible development is avoided in those areas that are designated to be preserved for scenic, historic,conservation, or public safety purposes. Consistency Discussion: The FARM Specific Plan Area is located in an area characterized by public and institutional land uses including assisted living facilities, churches and both public and private schools. Additionally, various types of residential development, from low to high density, surround the project site. The project is compatible with the existing development in its vicinity. Implementation of the Specific Plan will not affect areas designated by the City for preservation for scenic, historic, conservation or public safety purposes. Conservation/Open Space Goal 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. Policies: 5.1: Encourage high-quality design in new development and redevelopment to maintain the low- density character of the City. 5.2: Ensure that new development integrates and preserves areas designated for scenic, historic, conservation, or public safety reasons. 5.3: Ensure that no buildings will encroach upon any ridgeline designated for preservation. Consistency Discussion: The FARM Specific Plan preserves the low-density character of the City while also conveniently locating most residents near the services the community provides. No ridgeline is present, no historic structures are impacted. Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will ensure a high-quality design that will maintain the identity and scale of San Juan Capistrano. Conservation/Open Space Goal 6: Improve air quality. Policies: 6.1: Cooperate with the South Coast Air Quality Management District and Southern California Association of Governments in their efforts to implement the regional Air Quality Management Plan. 6.2: Cooperate and participate in regional air quality, management planning,programs, and enforcement measures. 6.3: Implement City-wide traffic flow improvements. 6.4: Achieve a greater balance between jobs and housing in San Juan Capistrano. 6.5: Integrate air quality planning with land use and transportation planning. 6.6: Promote energy conservation and recycling by the public and private sectors. Consistency Discussion: The IS/MND for The FARM Specific Plan includes a detailed Air Quality and Greenhouse Gas Analysis that analyzes the air quality impacts of the project. The Air Analysis concludes that The FARM project will not result in unavoidable or significant adverse impacts to air quality or generate greenhouse gas emissions that may have a significant impact on the environment. Chapter III of The FARM Specific Plan contains information on the community's Solid Waste Management Plan including descriptions of diversion rates exceeding 50%. Implementation of The FARM Specific Plan will not impede the City's efforts to participate in regional air quality, management planning, programs, and enforcement measures. Buildings within The FARM will exceed all Title 24 energy efficiency standards. Energy efficient measures will include energy efficient lamp technologies which will be implemented on interior and exterior lights. Conservation/Open Space Goal 7: Protect water quality. Policies: 7.1: Coordinate water quality and supply programs with the responsible water agencies. 7.2: Encourage the production and use of recycled water. 7.3: Conserve and protect watershed areas. Consistency Discussion: Chapter III of The FARM Specific Plan describes the initial Conceptual Water Quality Management Plan prepared for the Specific Plan Area. All water collected in the storm drain system as a result of implementation of The FARM Specific Plan and subsequent development of the site will be filtered onsite using natural and mechanical methods. The Specific Plan Area on-site storm drain system will be designed to ensure the City storm drain system receives no additional impact as a result of the development of up to 180 home community. Conservation/Open Space Goal 8: Encourage active citizen involvement to establish and achieve community goals. Policies: 8.1: Solicit citizen participation during the early stages of major public and regulatory programs. 8.2: Develop appropriate vehicles, such as newsletters, information brochures, cable television programming and announcements, and other methods, to communicate important information to the population of San Juan Capistrano. Consistency Discussion: Implementation of The FARM Specific Plan will not impede the City's efforts to encourage active citizen involvement to establish and achieve community goals. The Specific Plan itself implements applicable community goals of the General Plan, SAFETY ELEMENT Safety Goal 1: Reduce the risk to the community from hazards related to geologic conditions, seismic activity, wildfires, structural fires and flooding. Policies: 1.1: Reduce the risk of impacts from geologic and seismic hazards by applying proper development engineering, building construction, and retrofitting requirements. 1.2: Protect the community from flooding hazards by providing and maintaining flood control facilities and limiting development within the floodplain. 1.3: Reduce the risk of wildfire hazards by requiring fire retardant landscaping and project design for development located in areas of high wildfire risk. 1.4. Reduce the risk of fire to the community by coordinating with the Orange County Fire Authority. 1.5 All residential projects with more than 48 units should be required to provide a secondary access to the project site. The secondary access may be designated as emergency access only. Consistency Discussion: The FARM Specific Plan will been designed with an internal circulation system that allows adequate fire access to all structures. The FARM Specific Plan Area is not located within a high risk area. It is located outside of a designated floodplain. The "Geotechnical Due-Diligence Evaluation, Proposed Retirement Community, Armstrong Nursery/Del Obispo Property, City of San Juan Capistrano", prepared by GMU Geotechnical, Inc. (dated August 1, 2013), determined that the CCRC project is "feasible and practical from a geotechnical engineering perspective." Although the above evaluation was prepared for the previously proposed CCRC project the analysis and conclusions are tied to the conditions of the site and surrounding area rather than the project characteristics, which for geotechnical considerations are similar to the previous project. An updated Geotechnical Evaluation will be provided with the development alications. Safety Goal 2: Protect the community from hazards related to air pollution, nuclear power production,hazardous materials and ground transportation. Policies: 2.1: Work with responsible federal, state and county agencies to decrease air pollution emissions occurring within the air basin to reduce the risk posed by air pollution. 2.2: Coordinate with federal and state agencies and Southern California Edison to reduce the risks related to nuclear power production. 2.3: Cooperate with responsible federal, state, and county agencies to minimize the risk to the community from the use and transportation of hazardous materials through the City. 2.4: Reduce the per capita production of household hazardous waste in San Juan Capistrano in concert with the County of Orange plans for reducing hazardous waste. 2.5: Reduce the risk from ground transportation hazards, such as rail and roadway systems. Consistency Discussion: A "Phase I Environmental Site Assessment: Vermeulen Ranch Center" (prepared by Geotek, Inc., dated April 11, 2013) was prepared for the Specific Plan Area. With respect to hazardous materials, it concluded that there was "no evidence of a recognized environmental condition or environmental concern" within the Specific Plan Area. Implementation of The FARM Specific Plan will not impede the City's efforts to protect the community from hazards related to air pollution, nuclear power production, hazardous materials and ground transportation. Safety Goal 3: Protect citizens and businesses from criminal activity. Policies: 3.1: Coordinate with the Orange County Sheriff's Department to reduce the risk of criminal activity. 3.2: Apply design techniques and standards aimed at reducing criminal activity to new development and redevelopment. 3.3: Promote after school programs,volunteer programs and Neighborhood Watch programs to reduce the risk of criminal activity. 3.4: Improve public awareness of both the responsiveness of the Orange County Sheriff s Department and ways to reduce criminal activity within the City. Consistency Discussion: The FARM Specific Plan project incorporates a range of defensible space components, including outdoor lighting and landscaping, to help reduce the risk of criminal activity within the Specific Plan Area. Safety Goal 4: Improve the ability of the City to respond effectively to natural and human- caused emergencies. Policies: 4.1: Support the development of local preparedness plans and multi jurisdictional cooperation and communication for emergency situations consistent with the Standardized Emergency Management System(SEMS). 4.2: Educate residents and businesses regarding appropriate actions to safeguard life and property during and immediately after emergencies. Consistency Discussion: Implementation of The FARM Specific Plan will not impede the City's efforts to respond effectively to natural and human-caused emergencies. NOISE ELEMENT Noise Goal 1: Minimize the effects of noise through proper land use planning. Policies: 1.1: Utilize noise/land use compatibility standards as a guide for future planning and development decisions. 1.2: Provide noise control measures and sound attenuating construction in areas of new construction or rehabilitation. Consistency Discussion: Development of The FARM Specific Plan will adhere to the City's General Plan and Municipal Code with respect to noise'levels for new construction. The FARM Specific Plan residences will be designed to meet single event interior noise levels of 50 dBA or less in bedrooms and 55 dBA or less in other rooms. Noise Goal 2: Minimize transportation-related noise impacts. Policies: 2.1: Reduce transportation-related noise impacts to sensitive land uses through the use of noise control measures. 2.2: Control truck traffic routing to reduce transportation-related noise impacts to sensitive land uses. 2.3: Incorporate sound-reduction design in development projects impacted by transportation- related noise. 2.4: Oppose airport operations that result in excessive noise from overflights. Consistency Discussion: Like much of the Capistrano Valley, the Specific Plan Area is subject to occasional train horns, but the distance from the railroad tracks and other sources of ground-borne noise levels minimize the potential for resident exposure to ground-borne vibration and associated noise levels. The Specific Plan Area is not located within two miles of a public or private airstrip and would not expose residents to its associated noise levels. Noise Goal 3: Minimize non-transportation-related noise impacts. Policies: 3.1: Reduce the impacts of noise-producing land uses and activities on noise-sensitive land uses. 3.2: Incorporate sound-reduction design in new construction or rehabilitation projects impacted by non-transportation-related noise. Consistency Discussion: Development of The FARM Specific Plan will adhere to the City's General Plan and Municipal Code with respect to noise levels for new construction. The FARM residences will be designed to meet single event interior noise levels of 50 dBA or less in bedrooms and 55 dBA or less in other rooms. CULTURAL RESOURCES ELEMENT Cultural Resources Goal 1: Preserve and protect historical, archaeological, and paleontological resources. Policies: 1.1: Balance the benefits of development with the project's potential impacts to existing cultural resources. 1.2: Identify, designate, and protect buildings and sites of historic importance. 1.3: Identify funding programs to assist private property owners in the preservation of buildings and sites of historic importance. Consistency Discussion: The buildings that exist within the Specific Plan Area are not of historical value or listed in the California Register of Historical Resources. Prior to grading, an archaeologist, with expertise in California prehistoric archaeology, and a Certified Native American Monitor will be consulted to ensure that if important archaeological and Native American Cultural resources could potentially be impacted, an appropriate monitorin ro ram will be designed. COMMUNITY DESIGN ELEMENT Community Design Goal 1: Encourage and preserve a sense of place. Policies: 1.1: Preserve significant amounts of land and important natural features for open space. 1.2: Encourage high-quality and human scale design in development to maintain the character of the City. 1.3: Encourage the participation by all members of the community in activities which promote the City and create local pride. Consistency Discussion: The General Plan does not identify open space resources associated with the Specific Plan Area. However, The FARM Specific Plan does include a number of outdoor amenities to enhance its open space, both passive and active, including walking paths and a small park. Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will ensure a high-quality and human design which will preserve a sense of place. The pedestrian circulation plan program provided for residents of The FARM Specific Plan will allow for and encourage participation by residents in nearby community events, ecology training and similar activities. Community Design Goal 2: Preserve the historic character of the community. Policies: 2.1: Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping. Consistency Discussion: Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will complement San Juan Ca istrano's historic character. Community Design Goal 3: Preserve and enhance natural features. Policies: 3.1: Limit development of important natural characteristics such as ridgelines,unique hillside features and creeks. 3.2: Encourage the recreational use of natural features, such as hillsides and creeks. 3.3: Preserve and enhance scenic transportation corridors, including Interstate 5 and the railroad. 3.4: Preserve important view sheds. Consistency Discussion: The Specific Plan Area is not located within the view shed of a state or City-designated scenic highway corridor. There are no unique natural features within the Specific Plan Area. GROWTH MANAGEMENT ELEMENT Growth Management Goal 1: Coordinate rational and orderly growth that assures the economic and efficient provision of public services and infrastructure to new development. Policies: 1.1: Continue to implement service standards for public services and infrastructure which provide sufficient services to community residents and businesses. 1.2: Approve only those development proposals for which there is sufficient funding through the developer, City or other agency to provide a level of public service and infrastructure which meet the established goals. 1.3: Monitor growth to ensure that service standards are achieved. Consistency Discussion: The FARM Specific Plan is located adjacent to roadway and utility infrastructure to support its development. Section III of the Specific Plan provides detailed information on existing infrastructure provision associated with The FARM project. Subsequent development activities will add infrastructure improvements. Growth Management Goal 2: Provide sufficient regional transportation facilities. Policies: 2.1: Work closely with the OCTA, Caltrans, surrounding jurisdictions, and other transportation agencies to obtain needed transportation funding and facilities. 2.2: Encourage the expansion of alternative means of regional public transportation. Consistency Discussion: The FARM Specific Plan expands alternative means of transportation. The project site is located in close pedestrian proximity to City trails, the San Juan Capistrano Community Center and Sports Park, and the retail center located immediately southwest of the site. Both scheduled and non-scheduled transportation services, such as Uber, provide residents with access to nearby off-site amenities including shopping and dining venues, religious services, doctor's appointments, as well as other activities. The FARM is located within one-quarter mile of a bus line stop. Growth Management Goal 3: Provide for a balance of jobs and housing through land use planning. Policies: 3.1: Consider jobs/housing balance in the City and region as a factor inland use decision- making. Consistency Discussion: The FARM Specific Plan expands housing opportunities within the City by providing up to 180 new residential dwellings with easy access to nearby commercial centers and community recreation opportunities. Growth Management Goal 4: Coordinate and cooperate with other public agencies to address regional issues and opportunities. Policies: 4.1: Participate with other public agencies in cooperative efforts to address important regional issues. 4.2: Monitor major new developments proposed in adjacent communities to ensure that impacts on San Juan Capistrano are mitigated. Consistency Discussion: The FARM Specific Plan does address considerations related to the City's cooperation with other public agencies to address regional issues and opportunities; implementation of The FARMSpecific Plan will not impede the City's efforts to address important regional issues. PARKS AND RECREATION ELEMENT Parks and Recreation Goal 1: Provide, develop, and maintain ample park and recreational facilities that provide a diversity of recreational activities. Policies: 1.1: Coordinate with local groups to identify and meet the community's recreational needs. 1.2: Work with the County and other agencies'planning for the development of regional parks and regional linkages which will be accessible to City residents. 1.3: Identify and implement funding programs to maintain and expand park and recreational facilities. 1.4: Develop and maintain a balanced system of public and private recreational lands, facilities, and programs to meet the needs of the community. 1.5: Operate and maintain public park and recreational facilities in a manner that ensures safe and convenient access for all members of the community. 1.6: Increase the accessibility of existing open space areas for recreational activities. 1. 7: Provide parkland improvements and facilities that are durable and economical to maintain. 1.8: Publicize park and recreation opportunities in San Juan Capistrano to the community. 1.9: Utilize existing public utility easements for recreation and open space. Consistency Discussion: The FARM Specific Plan project is designed to provide numerous on site recreational facilities that include a small park and the traversing multi-use trail that accesses the Community Center, public schools, the preserved farming area and the noted Ecology Center. Parks and Recreation Goal 2: Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities. Policies: 2.1: Develop and expand the existing trails network that supports bicycles,pedestrians, and horses, and coordinate linkages with those networks of adjacent jurisdictions. 2.2: Preserve the equestrian lifestyle by designating land for the preservation or provision of new equestrian facilities. 2.3: Encourage the affordable provision of equestrian facilities within the City. Consistency Discussion: The FARM Specific Plan does address considerations related to the City's existing bicycle, hiking, and equestrian trail system and facilities with the addition of the traversing trail. Implementation of The FARM Specific Plan will not impede the City's efforts to develop and expand existing bicycle, hiking, and equestrian trails stem and facilities. Parks and Recreation Goal 3: Reduce the impact of adjacent cities' residents on San Juan Capistrano's recreational facilities. Policies: 3.1: Develop and implement programs which distribute the cost of building and maintaining recreational facilities to the actual users with credit to City residents for past and current payment for providing facilities through Measure "D" bonds. Consistency Discussion: The FARM Specific Plan includes a Development Agreement with a provision to make financial cash contribution to the City that will be used toward the acquisition, construction and/or maintenance of City Facilities. Therefore, the Specific Plan does not interfere with the City's programs to reduce the impact of adjacent cities' residents on San Juan Capistrano's recreational facilities. PUBLIC SERVICES AND UTILITIES ELEMENT Public Services and Utilities Goal 1: Work with the Orange County Sheriff's Department to provide a sufficient level of law enforcement. Policies: 1.1: Work closely with the Orange County Sheriff s Department in determining and meeting community needs for law enforcement services. 1.2: Periodically evaluate the level of law enforcement services to ensure that San Juan Capistrano has appropriate levels of law enforcement services. Consistency Discussion: The FARM Specific Plan incorporates a range of defensible space components, including outdoor lighting and landscaping, to help reduce the risk of criminal activity within the Specific Plan Area. Public Services and Utilities Goal 2: Work with the Orange County Fire Authority to provide a sufficient level of fire protection. Policies: 2.1: Work closely with the Orange County Fire Authority in determining and meeting community needs for fire protection services and facilities. 2.2: Periodically evaluate the level of fire protection service to ensure that San Juan Capistrano has appropriate levels of fire protection services. Consistency Discussion: Development under The FARM Specific Plan will be reviewed by the Orange County Fire Authority to ensure that the community has adequate fire protection. Section III of the Specific Plan contains a Utility Plan which identifies the on-site water system, including fire protection requirements. Public Services and Utilities Goal 3: Work effectively with the Capistrano Unified School District to provide a sufficient level of public education. Policies: 3.1: Work closely with Capistrano Unified School District in determining and meeting community needs for public education and related activities. 3.2: Work with Capistrano Unified School District in investigating potential locations and funding sources for new schools, including a future high school. Consistency Discussion: The Capistrano Unified School District (CUSD) is responsible for providing public education facilities in the City, including for the Specific Plan Area. It is anticipated that increased property taxes associated with development of The FARM Specific Plan project will contribute to the funding of the school district's activities. Public Services and Utilities Goal 4: Provide sufficient community facilities. Policies: 4.1: Work closely with community groups in providing community facilities which meet the needs of the community. Consistency Discussion: The FARM Specific Plan includes provisions for community facilities for its residents including the addition of a new local park. In addition, FARM Specific Plan includes a Development Agreement with a provision to make financial cash contribution to the City that will be used toward the acquisition, construction and/or maintenance of City facilities. Public Services and Utilities Goal 5: Work closely with the Orange County Public Library to provide a sufficient level of library facilities and services. Policies: 5.1: Work closely with the Orange County Public Library in determining and meeting community needs for library facilities and services, including hours of operation. Consistency Discussion: The FARM Specific Plan does not interfere with the City's efforts to work closely with the Orange County Public Library to provide a sufficient level of library facilities. The FARM will provide state of the art internet connection capabilities to allow residents access to information. Public Services and Utilities Goal 6: Provide sufficient levels of water and sewer service. Policies: 6.1: Provide sufficient levels of water and sewer service to meet the needs of the community. Consistency Discussion: The FARM Specific Plan is located adjacent to water and sewer infrastructure to support its development. Section III of The FARM Specific Plan provides detailed information with respect to on-site water and sewer system provisions for the project. Detailed infrastructure improvements will be part of the subsequent development applications. Public Services and Utilities Goal 7: Work effectively with providers of natural gas, electricity, telephone,cable television and solid waste disposal to provide sufficient levels of these services. Policies: 7.1: Work closely with providers of energy, communications and solid waste disposal in determining and meeting the needs of the community for energy, communications and solid waste disposal. 7.2: Encourage energy efficient development. 7.3: Encourage the expansion of telecommunications capabilities to promote economic development of the community. 7.4: Reduce the per capita production of solid waste in San Juan Capistrano in concert with the City's Source Reduction and Recycling Element. Consistency Discussion: The FARM Specific Plan will achieve a 50 percent diversion rate of all disposable material. The residential buildings will exceed all Title 24 energy efficiency standards. Energy efficient measures will include energy efficient lamp technologies which will be implemented on interior and exterior lights. FLOODPLAIN MANAGEMENT ELEMENT Floodplain Management Goal 1: Protect life and property from floodwaters. Policies: 1.1: Limit development within the floodplain to minimize risks to life and property and satisfy the flood insurance and other requirements of the Federal Emergency Management Agency (FEMA). 1.2: Prevent the placement of unauthorized fill material in creeks and floodplains in order to avoid alteration of flow characteristics and bridge scour. 1.3: Construct new flood protection improvements where determined necessary by the City, County and Army Corps of Engineers. 1.4: Improve existing bridges to improve the flow of the associated streams. Consistency Discussion: The FARM Specific Plan Area is not located within a floodplain. In accordance with the initial Water Quality Management Plan described in Chapter III of The FARM Specific Plan, all water collected in the storm drain system as a result of implementation of The FARM Specific Plan will be filtered onsite using natural and mechanical methods. The storm drain system has been designed to ensure the City storm drain system receives no additional impact as a result of the development of up to 180 residential homes. Floodplain Management Goal 2: Preserve and enhance the natural character of the creeks and their floodplains. Policies: 2.1: Use environmentally sensitive treatments where creek improvements are necessary to preserve wetlands. 2.2: Enhance and/or restore the creeks and their floodplains as part of private development projects and public works projects. 2.3: Flood protection improvements for stream banks are encouraged to use linings such as soil, cement, "armorflex", earth covered rip rap, or other environmentally sensitive treatments that provide effective and durable flood protection. Consistency Discussion: The FARM Specific Plan Area is not located within a floodplain. Implementation of The FARM Specific Plan will not interfere with the City's efforts to preserve and enhance the natural character of the creeks and their floodplains. Floodplain Management Goal 3: Preserve and enhance recreational opportunities and amenities provided by the creeks and their floodplains. Policies: 3.1: Preserve existing park and recreational land uses adjacent to all creeks. 3.2: Construct bicycle and equestrian trails along all of the creeks, and include underpasses for the trails beneath bridges, as well as safe trails on bridges. Consistency Discussion: The FARM Specific Plan Area is not located within a floodplain. Nor is it located adjacent to creekside park and recreational land uses. Implementation of The FARM Specific Plan will not interfere with the City's efforts and enhance recreational opportunities and amenities provided by the creeks and their floodplains. EXHIBIT "D" (Exhibit of On-site Recreation Improvement Easement Areas(Park and Trails)} Exhibit D 10306-0005\2182642v4.doc Exhibit Park • on-site trail areas J I� S r S .I I I. Trees-minimum 24"box size: Parkway: Citrus species Citrus Schinus molle California Pepper Background Tree: Citrus species Citrus Eucalyptus maculata Spotted Gum Harvest Park and Community Trail: Harvest Park, centrally located adjacent to The Farm Road provides a safe and comfortable public realm where people can enjoy their surroundings and a logical natural"green infrastructure". The Park&Community Trail creates places to relax, foster community interaction and provides opportunities for continuing environmental education. Harvest Park creates an identity and sense of place as well as provide visual breaks within the built neighborhoods. These less formal landscaped space will be open and large enough to accommodate a variety of passive to informal active uses including a tot lot. Facilities in this Park are not intended to provide active recreation to resident beyond The Farm Specific Plan area. The Community Trail consist of widened open space corridor with landscaping and a Class I multi-use trail that will provide a linkage throughout the community. In addition to the Trail other informal recreation activities such as picnic tables and seating areas may occur. Harvest Park Trees- minimum 24" box size: Arbutus 'Marina' Strawberry Tree , Lagerstroenia indica Crape Myrtle Olea europaea Olive Pinus eldarica Afghan Pine Pistacia chinensis Chinese Pistache Platanus a. 'Bloodgood' London Plane Tree - Platanus racemosa Western Sycamore `•` " _ Quercus agrifolia CA. Live Oak Rhus lancea African Sumac f a EXHIBIT"E" (Form of Easement For On-site Recreation Easement Areas) Exhibit E 10306-0005\2182642v4,doc DRAFT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk APN(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fees pursuant to Government Code § 27383. Exempt from documentary transfer taxes pursuant to Revenue Taxation Code § 11922; conveyance to a public entity. OPEN SPACE EASEMENT AGREEMENT This OPEN SPACE EASEMENT AGREEMENT (the"Agreement") is dated as of , 2018 (the "Effective Date"), and is entered into by and between VERMEULEN RANCH CENTER, LLC, a California limited liability company("Grantor") and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation("Grantee"). RECITALS A. Grantor is the owner of the land described on Exhibit"A"and the improvements thereon(collectively"Grantor Parcel"). B. Grantor and Grantee have entered into a Development Agreement dated 2018 (the"DA") in connection with a proposed development("Development") on the Grantor Parcel. C. The DA requires that Grantor enter into and record this Agreement with Grantee prior to the issuance of any building permit for the proposed development. NOW, THEREFORE, in consideration of the DA, the mutual promises contained herein and for other valuable consideration,the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a perpetual easement (the "Easement") in and over the portion of the Grantor Parcel described on Exhibit -B- (the "Easement Area"). 2. Purpose of Easement. The purpose of the easement shall be for access to and use by the public of the 0.5 -acre Community Park and a 20-foot wide shared use trail (pedestrian, equestrian, and bicycle) from Del Obispo Street to Via Positiva. described on Exhibit -1- 10306-0005\2174143v4.doc DRAFT 3. Improvements. Grantor shall, at its sole cost and expense, complete the improvements described on Exhibit"D"on or before , 201_ subject to delays beyond its control ("Improvements") and shall keep the Grantor Parcel free and clear of liens related to such work. Grantor shall defend, indemnify and hold Grantee and its officers, employees, attorneys, and agents, harmless from and against all claims, liabilities, losses or damages arising from such work. 4. Insurance. Grantor shall obtain and maintain the following insurance: (a) Commercial General Liability (CGL) with limits no less than Two Million Dollars ($2,000,000.00) per occurrence basis including products and completed operations,property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. Grantor shall maintain in force liability insurance, at all times which shall insure and indemnify Grantee, the City Council and each member thereof, and every officer and employee of Grantee against liability or financial loss resulting from any suits, claims or actions brought by any person or persons and from all costs and expense of litigation brought against Grantee, the City Council and every member thereof for any injury to persons and/or damage to property in, on or about the Easement Area by reason of the use of the Easement Area by the public. (b) Grantee, the City Council and each member thereof, and every officer and employee of Grantee shall be named as an additional insured on Grantor's liability policy. Said policies shall be issued by an insurer rated in Best's Insurance Guide with a financial rating of A+ VII or better. Said policy shall include waiver of subrogation rights and provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without Grantee having been given thirty(30)days' prior written notice thereof by such carrier. Grantor shall not cancel or reduce said insurance coverage. (c) Grantor shall promptly deliver to Grantee a certificate of insurance issued by the insurance carrier and showing that the aforesaid insurance policy is in effect in the amounts above provided, and if and when requested by Grantee, a copy of each insurance policy. (d) If Grantor does not keep the insurance required hereunder in full force and effect, Grantee may take out the necessary insurance and pay the premium thereon, and Grantor shall reimburse Grantee for the cost thereof within ten(10) days after written demand. 5. Maintenance. Grantor shall keep the Easement Areas and Improvements in good condition and repair. Once the Development's property owner's association(the "Association") becomes operational,Grantor may transfer and assign the maintenance obligations,and insurance obligations set forth in Section 4 above to the Association,provided title to the Easement Area is also conveyed the Association. The maintenance obligations may not be otherwise transferred or assigned to any other third-party without the prior written approval and consent of the City Manager, in his/her sole and absolute discretion. 6. Property Taxes; Liens. Grantor shall pay,prior to delinquency, all property taxes, special taxes and assessments assessed against the Easement Area, and shall keep the Easement Area free of all liens except for liens securing financing for the Development, which Grantor -2- 10306-0005!2174143 v4.doc DRAFT hereby agrees to subordinate to this Agreement and the easements granted herein by reasonable recordable subordination agreements executed by Grantor, Grantee and the applicable lienholder(s),promptly delivered to Grantee (for recording). 7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Agreement,Grantee shall give written notice to Grantor of such violation. If Grantor fails to cure the violation within fifteen (15) days after said written notice is given, or said cure reasonably requires more than fifteen (15) days to complete and Grantor fails to begin to cure within the fifteen(15)day period or fails to continue diligently to complete the cure,Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Agreement, to recover any damages to which Grantee may be entitled for violation by Grantee of the terms of this Agreement or the Easement,or may cure the violation, in which event Grantor shall reimburse Grantee for the costs incurred by Grantee in connection with violation within ten(10) days after written demand with evidence of such costs. Additionally, without notice or the expiration of any cure period, Grantee may enjoin the violation, ex parte, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief. 8. Miscellaneous. (a) Notices. Any notice to be given under or in connection with this Agreement shall be in writing and shall be deemed to have been given: (i) one (1)business day after being deposited with Federal Express or another reliable overnight courier service for next day delivery, or(ii) two (2)business days after being deposited in the United States mail,registered or certified mail, postage prepaid, return receipt required, and addressed as follows: To Developer: Vermeulen Ranch Center, LLC 3435 Wilshire Blvd., Suite 1195 Los Angeles, CA 90010 Attn: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk (b) Assignment; Successors and Assigns. Grantor may not assign its rights or obligations hereunder except(and then only upon prior written notice to Grantee, with the acquiror's or lender's address for notices) to: (i) a person or entity acquiring all of the Easement Area(including a property owners' association for the Development); or(ii) a lender taking a security interest in the fee interest in the Easement Area. (c) Runs With Land. The covenants and agreements contained herein and the rights, privileges and easements herein granted shall run with,burden and shall be appurtenant to the properties described herein. -3- 10306-0005\2174143 v4.doc DRAFT (d) Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California. (e) Severability. If any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the validity of the other provisions of this Agreement shall in no way be affected thereby. (f) Counterparts. This Agreement may be executed in any number of identical counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. (g) Further Acts. Each of the parties shall execute such other and further documents and do such further acts as may be reasonably required to effectuate the intent of the parties and carry out the terms of this Agreement(including,without limitation, obtaining and delivering to Grantee prior to the recordation of this Agreement originals of reasonable recordable subordination agreements from the holders of any liens encumbering the Easement Area that are or might be senior to this Agreement or the Easement as of the date of the recordation of this Agreement). (h) Attorneys' Fees. If any action shall be commenced to enforce the terms of this Agreement or to declare the rights of the parties hereunder, the prevailing party shall be entitled to recover all of its costs and expenses (including, but not limited to, its actual attorneys' fees) from the nonprevailing party. In addition to the foregoing award of attorneys' fees and other litigation costs to the prevailing party, the prevailing party in any lawsuit on this Agreement shall be entitled to its attorneys' fees and other litigation costs incurred in any post- judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. This provision shall survive the termination of this Agreement. (i) Time of Essence. Time is of the essences of every provision hereof in which time is a factor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written; GRANTOR: GRANTOR: VERMEULEN RANCH CENTER, LLC, CITY OF SAN JUAN CAPISTRANO a California limited liability company By: By: Print Name: Print Name: Title: Title: -4- 10 306-0005\2174143 4-10306-0005\2174143 v4.doe DRAFT ATTEST: (SEAL) City Clerk Approved as to Form: City Attorney 10306-0005\2174143 v4.doc DRAFT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange County ) On ,before me, , (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -6- 10306-0005\2174143v4.doc DRAFT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange County ) On ,before me, , (insert name and title of the officer) Notary Public,personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -7- 1 0306-0005\2174143v4.doc EXHIBIT "A" LEGAL DESCRIPTION OF THE GRANTOR PARCEL A-1 10306-0005\2174143v4.doc EXHIBIT"B" DESCRIPTION OF EASEMENT AREAS B-1 10306-0005\2174 l43 v4.doc EXHIBIT"C" DESCRIPTION OF COMMUNITY PARK AND TRAILS (Attached.) C-1 10306-0005\2174143v4.doc EXHIBIT "D" COMMUNITY PARK AND TRAILS IMPROVEMENTS (Attached.) D-1 10306-0005\2174143v4.doc CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that the interest in real property conveyed by that certain Open Space Easement Agreement dated , 2018, from VERMEULEN RANCH CENTER,LLC to the CITY OF SAN JUAN CAPISTRANO, a municipal corporation(the "City"), which is a governmental agency, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by resolution of the City, Resolution Number adopted on , and that the City consents to recordation thereof by its duly authorized officer. Dated: 2018 CITY OF SAN JUAN CAPISTRANO ,City Manager A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange County ) On ,before me, , (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 10306-0005\2 l 74143v4.doc EXHIBIT"F" (Schedule of Development Fees) 320222042.1 Exhibit F 10306-0005\2182642v4.doc Developer Impact Fees Summary Exhibit F MobDescriptions AL Current Fees Term Parks and Recreation Facilities Development Fees NOTE: BASED UPON ORDINANCE NO. 210 PASSED ON DECEMBER 11, 1972, UPDATED 1999 49 Units or Less Single family detached dwelling units $11,600.00 Per Unit Attached units, including duplex, townhomes an apartments $10,512.00 Per Unit Mobile Homes $6,525.00 Per Unit 50 Units or More If there is no park or recreational facility designated in the Recreational Element to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivided shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication as indicated in Section (1) below and in an amount determined in accordance with the provision of Section (2) below, such fee to be used for a park which will serve the residents of the area being subdivided. Section (1) (b) Town houses and 4 bedroom apts. 3.1 persons per dwelling unit (c) Multiple family dwelling units T.4 persons per dwei ii ng (d) Mobile home dwelling units 1. persons per dwelling Section (2) _ Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section (1). The fee shall be paid pursuant to the provisions contained in Section (3). The "fair market value" shall be determined by City Council prior to tentative map approval, based on an appraisal approved by the City and paid for by the subdivider. Section (3) l L Time of commencement must be designated. At the time the final tract map is approved, the City council shall designate the time when development of the park and recreational facilities shall be paid. Agricultural Preservation NOTE: BASED UPON ORDINANCE NUMBER 316 PASSED ON JANUARY 19, 1977 Residential Development 500.00 Per Unit Commercial or Industrial Develo ment1 000.00 Per Acre Sewer Connection Fees (note 1) k� NOTE: BASED UPON CSJC RESOLUTION NO. 04-11-16-05, Adopted November 16,2004 Per dwelling unit or per meter whichever is greater $4,441.69 Per mobile home space $4,441.69 Per motel room with kitchen facility $4,441.69 Non-residential- including commercial, industrial, public Per 1500 SF of buildings, schools, churches, motels, and hotels without $4,441.69 floor area or kitchen facilities; fraction thereof Capistrano Circulation Fee Program Trak Impact Fees NOTE: BASED UPON CSJC RESOLUTION NO. 02-05-21-02 Adopted May 21, 2002 Residential Land Use Category/Unit Single DU (Primary and Secondary)/Dwelling Unit $7,387.00 Multiple DU/Dwelling Unit $6,088.00 Pursuant to Resolution 12-05-01-02 Page 1 of 4 (Unless Otherwise Noted) 9 Developer Impact Fees Summary Exhibit F Descriptions Current Fees Term Commercial Land Use Category/Unit Auto Dealership/Acre $228,000.00 Auto Repair/Service/sf of floor area $3.04 Church/sf of floor area $3.54 Clinic/sf of floor area $12.99 Commercial/sf of floor area $8.51 Elementary/Middle School/student $170.00 Equestrian/Stable $76.00 Golf Course/Acre $6,330.00 High School/student $520.00 Hospital/sf of floor area $7.60 Hotel/Room $3,310.00 Industrial/sf of floor area $3.88 Mortuary/sf of floor area $9.42 Motel/Room $3,870.00 Museum/sf of floor area $5.32 Nursing Home/bed $2,280.00 Office/R & D/sf of floor area $6.40 Private School/student $360.00 Racquet Club/Health Spa/Court $15,200.00 Self Storage/Unit $150.00 Service Station/Site $35,625.00 Service Station w/Mart/Site $35,625.00 Theater/Seat $680.00 ks stems Develo ment Ordinance 364 NOTE: BASED UPON ORDINANCE NUMBER 364 PASSED ON JUNE 29, 1978 1 % of estimated Systems Development building permit valuation of a building or $1.00, whichever is higher New Building Construction Ordinance 211 NOTE: BASED UPON ORDINANCE NUMBER 211 PASSED ON NOVEMBER 13, 1972 Schedule A - Fees for plans submitted_ to the Architectural (1} Residential Single family dwellings 50.00 Per Unit Duplexes $50.00 Per Unit Multi-family dwellings three or more units 50.00 Per Unit For each hotel or motel room without a kitchen excluding bathrooms $25.00 Per Unit Mobile home park pads $25.00 Per Pad * Permanent buildings and landscape only need conform to qualify. Pursuant to Resolution 12-05-01-02 (Unless Otherwise Noted) Page 2 of 4 Developer Impact Fees Summary Exhibit F EWDescriptions Current Fees Term 2 Commercial For each commercial building unit in a building, per square foot of gross floor area, including any area $0.03 Per Sq Ft within a building designed for the parking of vehicles (3) Industrial For each commercial building unit in a building, per square foot of gross floor area, including any area $0.03 Per Sq Ft within a building designed for the parking of vehicles Schedule B - Fees for plans not submitted to the Architectural Review Board for approval (1) Residential Single family dwellings 175.00 Per Unit plus $10 per bedroom over one Duplexes $75.00 Per Unit plus $10 per bedroom over one Multi-family dwellings (three or more units) $75.00 Per Unit plus $10 per bedroom over one For each hotel or motel roomw ti out a kitchen excluding bathrooms $35.00 Per Unit Mobile home park pads $35.00 Per Pad (2) Commercial For each commercial building unit in a building, per square foot of gross floor area, including any area $0.05 Per Sq Ft within a building designed for the parking of vehicles__ Industrial For each commercial building unit in a building, per square foot of gross floor area, including any area $0.05 Per Sq Ft within a building designed for the parking of vehicles Housing In-Lieu Development Valuation as determined under the City of San Housing In-Lieu Development Juan Capistrano Municipal Code Section 9 _5.103 NOTE: BASED UPON ORDINANCE NUMBER 767 PASSED ON JULY 5, 1995 Drainage Area L01 $1,170.00 Per Acre L02 _ 860.00 Per Acre _ L03 $320.00 Per Acre L05 $170.00 Per Acre M01 $780.00 Per Acre L01S02 $1,470.00 Per Acre Pursuant to Resolution 12-05-01-02 (Unless Otherwise Noted) Page 3 of 4 r Developer Impact Fees Summary Exhibit F im- I Descriptions Current Fees Term Domestic Water note 1 Development Charges 7.1% of improvement Plan Check & Inspection Fees value or $150/sheet plus Per Application a processing fee, whichever is higher Preliminary Processing fee, Tract & Parcel Ma $311.92 Per Application NOTE: BASED UPON CSJC RESOLUTION NO, 04-05-18-04, Adopted May 18, 2004 Water-Capacity Water Capacity per meter or DU whichever is greater Per Meter or P Y P 9 $3,975.94 DU Water Capacity for Commercial area per SF of building Per SF area: the greater of the $/SF price or the $/DU for the $0.6545 commercial meter given above. area. Capital Imrovement Per dwelling unit or per meter whichever is greater $3,060.47 Per Application Per mobile home space $1,531.83 Per Application Water Capital Improvement for Commercial per SF of Per SF building area: the greater of the $/SF price or the$/DU for $0.50 commercial the meter given above. area. Water Capital Improvement for Agricultural per SF of $/SF planted planted area: the greater of the $/SF price or the$/DU for $0.07 agricultural the meter given above. area Storage Charge Per dwelling unit or per meter whichever is greater $3,659.75 Per Application Per mobile homes ace $1,830.94 Per Application Water storage for Commercial and Industrial per square Per SF foot of building area; the greater of the $/SF price or the $0.74 commercial $/DU for the meter given above. area. Non-Domestic Water (Recycled Water) Plan Check & Inspection Fees 7.1% of improvement Per Application value NOTE:BASED UPON CVWD RESOLUTION NO. 00-9-5-1, Adopted September 5,2000 Recycled Water Capacity Charge: the greater of the $/ cfs maximum day demand charge given or the $/AF charge 857,474.43 $/cfs maximum day demand. below. Recycled Water Capacity Charge: the greater of the $/AF 13,858.55 $/AF of annual demand charge given or the $/cfs charge above. demand. Preliminary Processing fee, Tract & Parcel Map 311.92 Per Application Pursuant to Resolution 12-05-01-02 (Unless Otherwise Noted) Page 4 of 4 THE FARM San Juan Capistrano Specific Plan No. 2018-01 �r v. r Applicant: Spieker Senior Development Partners P.O. Box 160 San Juan Capistrano, CA 92693 Contact: Troy Bourne, Partner Submitted to: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Contact: Sergio Klotz, Assistant Community Development Director MAY 2018 ENCLOSURE 1 The FARM Specific Plan Section is Introduction 1. Introduction........................................................................................................................ 3 I.1. Purpose and Scope of the Specific Plan.......................................................................3 Exhibit I-1: Specific Plan Area Boundaries ................................................4 1.2. General Plan Consistency............................................................................................ 5 I.3. City Adoption Process .................................................................................................5 I.4. Project Background......................................................................................................5 Exhibit I-2: Specific Plan Area Existing Conditions...................................6 I.S. Project Definition.........................................................................................................6 I.6. Project Objectives........................................................................................................7 II. Land Use, Grading Plan and Landscape Plans .................................................................. 8 II.1. Site Context/Existing Conditions................................................................................. 8 Exhibit II-1: Adjacent Land Uses................................................................. 8 II.2. Land Use Plan..............................................................................................................9 Exhibit II-2: Land Use Plan........................................................................ 10 Exhibit II-3: Land Use Area Diagram........................................................ 1.1 II.3. Grading Plan.............................................................................................................. 12 Exhibit II-4: Grading Plan.......................................................................... 12 IIA. Lighting and Landscaping Plans................................................................................ 13 Exhibit II-5: Lighting Plan......................................................................... 13 Exhibit II-6: Landscaping Plan................................................................... 14 II.5. Phasing Plan for Development......................... Exhibit II-7: Phasing Plan........................................................................... 19 III. Circulation and Infrastructure.......................................................................................... 20 111.1. Circulation and Parking ............................................................................................20 Exhibit III-1: Regional Circulation..............................................................20 Exhibit III-2: Local Circulation ................................................................... 22 Exhibit III-3: Pedestrian Circulation............................................................24 ExhibitIII-4: Parking...................................................................................25 II1.2. Water and Sewer Service...........................................................................................26 Exhibit III-5: Utility Plan............................................................................. 26 Exhibit III-6: Water Quality Management Plan...........................................27 Exhibit III-7: Sewer Plan .............................................................................28 III.3. Drainage Plan—Hydrology and Water Quality......................................................... 29 Exhibit III-8: Hydrology Study....................................................................30 55386.00001\8755767.7 I-I The FARM Specific Plan Section I: Introduction III.4. Utility Service............................................................................................................ 31 IV. Development Standards/Regulations............................................................................... 32 IV.1. Introduction................................................................................................................ 32 IV.2. General Provisions..................................................................................................... 32 IV.3. Zone District Established........................................................................................... 32 IVA. Use Regulations.........................................................................................................33 IV.5. Development Standards............................................................................................. 33 V. Design Guidelines............................................................................................................ 34 V.1. Introduction and Applicability................................................................................... 34 V.2. The Farm Design Guidelines.................................................... ........................ 34 V.3. Landscape and Lighting Guidelines........................................................................... 38 VI. Implementation and Administration................................................................................41 VI.1. Specific Plan Adjustments/Amendments................................................................... 41 VI.2. Implementation.......................................................................................................... 42 Appendix: Relationship of Specific Plan to General Plan..............................................43 55386.00001\8755767.7 1-2 The FARM Specific Plan Section I: Introduction I. Introduction I.1. Purpose and Scope of the Specific Plan The City of San Juan Capistrano General Plan was adopted by the City Council in 1999. The General Plan Land Use Map (2002) designates the 35-acre Spieker/Vermeulen property site as "Agri-Business," a component of the "Industrial" land use grouping. The site is zoned Specific Plan/Precise Plan. In order to accommodate The FARM project, the General Plan land use designation is being modified to "Specific Plan/Precise Plan". Similarly, the existing zoning for the site is already "Specific Plan/Precise Plan" to accommodate the project. Adoption of The FARM Specific Plan, this revision for The Farm 180 unit residential plan will implement the City of San Juan Capistrano General Plan and make compatible the City's Zoning Ordinance, as amended. Section 65450 et. seq. of the California Government Code (Title 7, Division 1, Chapter 3, Article 8) authorizes cities to "...prepare specific plans for the systematic implementation of the general plan for all or a part of the area covered by the general plan." Section 65451 of the California Government Code specifies content requirements for Specific Plans as follows: (a) The specific plan shall include text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3). (5) The specific plan shall include a statement of the relationship of the specific plan to the general plan. The FARM revised Specific Plan has been prepared based on the Specific Plan content requirements of Section 65451 of the California Government Code. The boundaries of the Specific Plan area are shown on Exhibit I-1: Specific Plan Area Boundaries. 55386.00001\8755767.7 1-3 IY r =Te. .• i - •Ifs Po ,!'.' � �.+� _ + �•'L r, .ti"• ': rig 1 � .5t f• z '� q, . _' '.�' .i �,�• � F. .� '���•fes.. __ '� be •r �r �tom;' s •: �. /`•-, .. � .a'y � �� � � ...a '� Y�� zlir cl '10 aw TOP f �Gaminr•6Dal Mion " t . .. �• IF- 10 .:�. : �' •� r�' r��f'�'`� '�.- _1� :8•� � f, q 1. '"*�;' _l • 1111 The FARM Specific Plan Section I: Introduction I.2. General Plan Consistency A detailed analysis demonstrating the relationship of The FARM Specific Plan to the San Juan Capistrano General Plan is included as Appendix A. The analysis discusses how the project relates to the goals and policies of the City General Plan. The FARM Specific Plan furthers the City's General Plan economic goals by providing fiscal stability, particularly through stimulus to the neighboring Farm Market and the nearby downtown. It furthers the General Plan goal of providing a desirable community for citizens to work, shop, reside and recreate. The architectural design of the project will be consistent and compatible with the existing character of the city and its development will help meet the City's housing goals, including providing up to 180 new housing options. The project is located in close proximity to public transportation access points. In addition, the project provides passive and active open space uses for its residents and their guests, including walking paths. The project is compatible with neighboring public institutional and residential land uses and employs responsible environmental measures. I.3. City Adoption Process A Specific Plan is adopted by the City Council after review and recommendation by the Planning Commission. Both the Planning Commission, in its advisory role, and the City Council, in its approval role, may approve, deny, or modify a Specific Plan. Upon approval, a Specific Plan replaces the project site's zoning and General Plan land use designation. This Specific Plan is a revision to the existing adopted Specific Plan. I.4. Project Background The approximately 35-acre"The FARM" project site is located at 32382 Del Obispo Street in San Juan Capistrano. From approximately 1938 to 1975, the land was used for citrus and other agricultural production. In approximately 1975, the site began a transition from traditional in- ground agriculture production to use as a plant and material warehousing, growing and distribution center. In 1994, the then current tenant paved large portions of the site to facilitate construction of commercial glass greenhouses and loading docks for tractor trailer distribution vehicles. No portion of the site has been used for in-ground agriculture production since 1998. In 2014 the Agricultural tenant relocated to another County where agricultural uses were more productive and infrastructure of both water and work force was available. See Exhibit I-2: Specific Plan Area Existing Uses. 55386.00001\8755767.7 1-5 The FARM Specific Plan Section I: Introduction Exhibit I-2: Specific Plan Area Existing Conditions 7, 1POINr Pte'-; The City and its agents evaluated Vermeulen property for permanent open space preservation merit in both 1990 (in connection with Measure D) and again in 2008 (in connection with Measure Y). In both instances, the City, elected not to acquire and convert the site from an industrial use to publically owned open space use but instead acquired other properties both within and outside the City. In 1975, a retail center was constructed on 8 acres adjacent to the 35-acre parcel. The center was expanded to its current size in 1989. The proposed The FARM project does not propose to alter the existing retail land uses or improvements. I.S. Project Definition The Spieker/Vermeulen development plan, The FARM, provides for a master-planned community with up to 180 comfortable homes and a large walking/riding trail that leads from Del Obispo Street to Via Positiva which will than connect to a future trail leading to the Ecology Center. 55386.00001\8755767.7 1-6 The FARM Specific Plan Section I: Introduction I.6. Project Objectives The FARM residential development project objectives include: Establish appropriate General Plan land use and compatible zoning designations to optimize the potential of the project site and facilitate achievement of project objectives. ■ Provide an opportunity to create a mixed-use environment integrating existing adjoining commercial and institutional uses with a new residential community and community serving pedestrian trail. • Provide a positive financial impact on the neighboring Farm Market and nearby downtown Mission District. • Create a high quality residential community. • Generate additional revenue for the City and Capistrano Unified School District (CUSD) through significantly increased property values with minimal increases in enrollment at local schools. • Create a residential community within walking distance of an elementary and middle school, Community Center, Public Park, Sports Park and Ecology Center. • In addition, resident spending at local restaurants and retail centers will contribute to increased retail sales and associated tax revenue. • Promote the efficient use of water and energy through incorporation of conservation measures, including a comprehensive water quality management plan. 55386.00001\8755767,7 1-7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II. Land Use, Grading Plan and Landscape Plans II.1. Site Context/Existing Conditions The FARM project will be located on approximately 35 acres of land between Del Obispo Street and Alipaz Street, north of Via Positiva in the city of San Juan Capistrano. (Assessor's Parcel Numbers 121-182-53 and 121-182-17). See Exhibit II-1: Adjacent Land Uses. Exhibit II-1: Adjacent Land Uses U-2 1 LU .5 LU 5.3 LU 2.0 LD 'Ho VLO LU 2.0 ACF ,_L. 5,0 VLa +..0 m Pki x,'15 LU 2.4 MHO LU 4.2 LU 2.4 MHD LU,2.3 ' MO �P LU 1.3 CP rAUqNpU LIHEM 4.1. The Specific Plan area is located in an area characterized by Public and Institutional land uses including: • Assisted living facility(Del Obispo Terrace, 32200 Del Obispo St.), • Church complexes (Mariners Church Ocean Hills, 32222 Del Obispo St. and Community Presbyterian Church, 32202 Del Obispo St.) • Public and private schools (Marco Forester Middle School, 25601 Camino Del Avion, Del Obispo Elementary School, 25591 Camino Del Avion, Kinoshita Elementary School, 2 Via Positiva, Community Presbyterian Preschool, 32202 Del Obispo St., and Heart Christian Academy, 32222 Del Obispo St.) II-8 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan In addition, the area includes many types of Residential land uses (very low, low, medium, and high density uses in the form of single family detached, a mobile home park(Rancho Alipaz Mobile Home Park, 32371 Alipaz St.), and multi-family apartments (Valle Plaza Apartments, 32552 Alipaz St.)). The surrounding area also includes publicly owned land consisting of the San Juan Capistrano Community Center and Sports Park (25925 Camino del Avion) which carries a Community Park land use designation and South Coast Farms (32701 Alipaz St.), a private farm and retail operator currently leasing land acquired by the City in 1990. This property includes the noted Ecology Center. South Coast Farms carries an Agri-Business land use designation. The Specific Plan area currently consists as vacant land with both paved and unpaved surfaces. No portions of the Specific Plan area remain undisturbed, in a natural condition. See Exhibit I-2: Specific Plan Area Existing Conditions. A Phase I Assessment, conducted on the Specific Plan area, did not reveal evidence of any recognized environmental conditions or environmental concerns ("Phase I Environmental Site Assessment: Vermeulen Ranch Center", April 2013, prepared by GeoTek, Inc.). II.2. Land Use Plan The FARM project contains two defining elements. First, it provides up to 180 new residences of varying sizes and styles. See Exhibit II-2: Land Use Plan. The Specific Plan is designed to provide an integrated project with new single family housing and convenient access to retail and recreational uses. The plan, for The FARM, includes a large walking path, through the community, leading to the Ecology Center. See Exhibit II-6: Landscaping Plan for locations of passive and active open space and recreation uses. The Specific Plan and subsequent development plan are designed to significantly upgrade the site's hydrology and water quality by reducing storm flows to pre-development levels through detention and other measures designed to comply with state-of-the-art storm water and water quality regulations, all as described in Section III.3 of the Specific Plan. The Specific Plan also includes water conservation features, including"purple pipes" available for use of reclaimed water, when available and as part of the development approvals. II-9 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-2: Land Use Plan Final Land Use Plan Park to be provided at the time a Development Application is submitted The FARM will be designed in a Classic California Spanish style and or styling consistent with an agricultural theme in keeping with San Juan Capistrano's landmark architectural heritage. The individual components of The FARM are described in greater detail below. See Exhibit II-3: Land Use Area Diagram. II-10 553 86.0000 1\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-3: Land Use Area Diagram Final Land Use Area Diagram to be provided at the time a park Development Application is submitted II-11 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.3. Grading Plan The FARM Specific Plan Area is located near the Newport-Inglewood (offshore) and San Joaquin Hills faults, as zoned under the Alquist-Priolo Earthquake Fault Zoning Act 1974- 2007, and is considered a seismically active region of Southern California. However, the Hazard Zone Maps for the Dana Point quadrangle indicate that the Specific Plan Area is not located within a zone susceptible to earthquake-induced landslides. Topographically, the site is relatively flat with a slight slope to the east/southeast and a few minor slopes existing within and adjacent to the site. Soil Testing Requirments: 1) Testing of on-site soils would be part of any future subdivision process to verify the prior conclusions regarding site conditions; and, 2) Prior to import of any soil to the project site, a certification from the developer must be submitted to the City's Development Services Department certifying that the dirt imported to the site is clean. Exhibit II-4: Grading Plan for the Specific Plan Area shows an overall grading area of approximately 35 acres. Construction of water quality features such as planting media for bioswales and select gravel for infiltration areas will be part of the later development application approvals. Implementation of the Grading Plan includes approval of a Grading Plan Modification, since existing grades will be altered by more than two feet. Exhibit II-4: Grading Plan II-12 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.4. Lighting and Landscaping Plans Outdoor Lighting Outdoor lighting for The FARM project will include normal residential lighting features that includes downward directed and shielded lights. Exhibit II-5: Lighting Plan, as part of the development approval will include lighting that will be shielded,recessed, or directed downward so that it is contained within The FARM Specific Plan Area, to the extent possible. The lighting fixtures will be selected to prevent glare and spillover onto adjacent properties and to minimize lighting of the night sky. The FARM project will incorporate energy efficient lighting technologies. Landscape accent lights will be utilized to highlight landscape focal points, the community trail and on-site directional monument signs. Locations of exterior lights will comply with the City of San Juan Capistrano's safety standards and Sec. 9-3.529. Exhibit II-5: Lighting Plan Final Lighting Plan to be provided at the time a Development Application is Park submitted Landscapi The project landscaping will enhance the aesthetic character of The FARM Specific Plan area. II-13 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-6: Landscape Plan will identify and develop open space areas, trails and uses for residents to conveniently access and enjoy passive and active outdoor amenities. The plant palette for the Landscape Plan will include drought-tolerant native and adapted plant species suitable to the San Juan Capistrano climate. The landscape design will include drought- tolerant, low-to moderate-water-use plants which meet the City of San Juan Capistrano's Water Efficient Landscape Guidelines (Ordinance 966) and Sec. 9-3.527. Landscaping for The FARM will include a range of conservation and sustainability features including: 1. Utilization of"smart" weather-based irrigation controllers. 2. Exclusion of landscape materials that are listed on the Invasive Plant Inventory of the California Invasive Plant Council. 3. Inclusion of California or Mediterranean Species requiring occasional or little watering. 4. Utilization of bubblers or low-flow sprinklers for all non-turf areas. Exhibit II-6: Landscaping Plan Final Landscaping Plan to be provided at the time a Park Development Application is submitted II-14 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan The landscaping for the The Farm Road, Agriculture Perimeter, Entry Monumentation and Parks all play an important role in establishing the character and quality of the overall feel of the The Farm landscape. Each landscape component will contribute to the overall unity of the landscape character. To achieve the seamless integration of landscape materials throughout the entire Community several Landscape Zones will be defined as part of a future development application. Each landscape zone will define areas of similar landscape visual character and planting design. A plant palette will be established for each zone. The Farm Road: The streetscapes are a critical component in establishing the character of the community and neighborhoods and help to define the public realm. The selection of plant material is intended to promote walkability and pedestrian activity through tree lined streets and parkways that vary in width to create a more natural setting. The parkways will be rural in character and open in appearance. Groupings of large scale trees with drought tolerant shrubs, groundcovers and ornamental grasses will be reminiscent of the community's rural nature. PrimM Street Trees: located closest to the street and provides each roadway with its scale and form. Spacing is 30' on-center maximum and drought tolerant when established. Shrubs: used in landscape easements and medians to soften the ground plane and visually link all landscape materials. Large massings of singular type shrubs will be selected according to maturity size, color, texture and seasonal interest and will be placed to not obstruct important pedestrian or vehicular sightlines or threaten the safety of pedestrians. Low growing shrubs will be used in combination with groundcovers and grasses in the medians, parkways and behind sidewalks Shrubs will be selected for their drought tolerant characteristics. Groundcovers and ornamentalagr sses: drought tolerant groundcover species and grasses, including park turf will be low water usage types. vgVjwx'er(apr rpe+y wry W:iu Tr �a1 4Rq a„y M4 II-15 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Trees -minimum 24" box size: Parkway: Citrus species Citrus Schinus molle California Pepper Background Tree: Citrus species Citrus Eucalyptus maculata Spotted Gum Harvest Park and Community Trail: Harvest Park, centrally located adjacent to The Farm Road provides a safe and comfortable public realm where people can enjoy their surroundings and a logical natural "green infrastructure". The Park & Community Trail creates places to relax, foster community interaction and provides opportunities for continuing environmental education. Harvest Park creates an identity and sense of place as well as provide visual breaks within the built neighborhoods. These less formal landscaped space will be open and large enough to accommodate a variety of passive to informal active uses including a tot lot. Facilities in this Park are not intended to provide active recreation to resident beyond The Farm Specific Plan area. The Community Trail consist of widened open space corridor with landscaping and a Class I multi-use trail that will provide a linkage throughout the community. In addition to the Trail other informal recreation activities such as picnic tables and seating areas may occur. Harvest Park Trees- minimum 24" box size: Arbutus `Marina' Strawberry Tree Lagerstroenia indica Crape Myrtle Olea europaea Olive T Pinus eldarica Afghan Pine Pistacia chinensis Chinese Pistache Platanus a. `Bloodgood' London Plane Tree l Platanus racemosa Western Sycamore Quercus agrifolia CA. Live Oak Rhus lancea African Sumac or II-16 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan The Farm Entry: The Community Entries will create a strong community design through the use of landscape materials and streetscape design elements. These design elements include large massing of singular plantings, low stone walls, signage and logo for identification, street lighting, hardscape and landscape treatments. Trees-minimum 24" box size: Olea europaea `wilsoni' Fruitless Olive r Eucalyptus maculata Spotted Gum Pinus eldarica Afghan Pine Y ' Agriculture Perimeter: The Agriculture Perimeter is at the perimeter of the site and creates a generous landscape buffer to the public realm as well reinforces the community identity. Trees- minimum 24" box size: Citrus species Citrus—2 rows Lyonothamnus floribundus Catalina Ironwood Pinus eldarica Afghan Pine r� - Tristania conferta Brisbane Box 2,� l 2 0CV C(?;V, ?- A' r II-17 55386.00001\8755767-7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan II.5. Phasing Plan for Development The FARM project will be constructed in phases (See Exhibit II-7: Phasing Plan): 1. The size of Phase 1 may be adjusted upward based on pre-sales. The majority of the community amenities, such as the traversing Ecology Trail, will be constructed in Phase 1. It is anticipated that construction of Phase 1 will occur over an approximately one to two-year period. All mass grading, backbone utility installations and off-site infrastructure enhancements associated with The FARM project will be completed in connection with the construction of Phase 1. 2. Phase 2 includes the remainder of the project's residences. Construction of Phase 2 is expected to occur over an approximately 18-60 month period. II-18 55386.00001\8755767.7 The FARM Specific Plan Section II: Project Description/Land Use and Grading Plan Exhibit II-7: Phasing Plan Final Phasing Plan to be provided at the time a Park Development Application is submitted II-19 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure III. Circulation and Infrastructure III.1. Circulation and Parking Vehicular Circulation Regional Access to The FARM is provided by the San Diego Freeway(1-5) which bisects the City of San Juan Capistrano in a north/south direction. I-5 connects to the San Joaquin Hills Transportation Corridor(SR-73) in an east/west direction in the northern portion of the City. Ortega Highway(SR-74) extends in an east/west direction, north of The FARM project, and Pacific Coast Highway(1) extends in an east/west direction south of the project site. See Exhibit III-1: Regional Circulation. Exhibit III-1:Regional Circulation s • SAN BERNARDINO ANOELE8 :+�+i+■�+ ■■■+�+;�•+'*. COUNTY COUNTY • Park ♦♦+` RIVERBIOE i41gE��r ••i ■ C,p*eea -4 *••* RIVERSIDE ♦�■ r, •,� COUNTY CIA Itoam CRpvl". �1 a4 Sonia Ana 4+ GRANGE -...*. 01640,0 COUNTY +.a+ Cost* Moon k P reK, + llunlinglon !p* Y A �# Beaoh � Irvine 4���EI Toro ��� + Newport w +a Beach Q a + Laguna • • Beach PACIFIC r•~"~ OCEAN San Juan Caplalrano k Dane ; Point SAN DIEGO COUNTY 111-20 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Local access to the project site is provided by Del Obispo Street and Alipaz Street. Del Obispo Street (from Ortega Highway to the City's southwestern boundary) is designated as a Secondary Arterial roadway by the City of San Juan Capistrano General Plan. Alipaz Street(west of Camino Capistrano) is also designated as a Secondary Arterial roadway. See Exhibit III-2: Local Circulation. The General Plan Circulation Element(p. 12-13) defines a Secondary Arterial as: Typically constructed within a right-of-way of 80 feet with a curb- to-curb pavement width of 64 feet. These four-lane undivided roadways serve as collectors, distributing traffic between local streets and four-lane divided arterials. The maximum capacity of this roadway is 22,500 average daily trips and 2,250 peak hour trips. The FARM project includes two entrances. The primary entrance is located on Del Obispo Street, directly across from the primary entrance to the new Oliva housing development by New Home Company. The project includes the installation of a new traffic signal at the new four-leg primary intersection of Del Obispo Street/Via Pimienta—Project Driveway, and the developer of the project will be responsible for the costs of the signalization and signal coordination work. The secondary, but equal entrance, is located on Via Positiva with a direct access then located on Alipaz Street, where a signalized intersection now exists. III-21 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-2:Local Circulation y 4� O n � O Ned f• Q G} ■ �6 r C San O Rq Juan y q C a p i s t r a n o ALAN z 3 W O O O STONE14ILL OR III-22 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Pedestrian Circulation Pedestrian access within The FARM project includes 6-foot-wide lighted pedestrian walkways throughout the site and designated crossing areas and a 20-foot wide multi-use trail. As shown in Exhibit III-3, Pedestrian Circulation, these walkways connect the residences In addition to convenient onsite pedestrian access, the project site is located within a short walk of City trails, the San Juan Capistrano Community Center, Sports Park, Ecology Center and the existing retail center located immediately southwest of The FARM project. The Orange County Transit Authority(OCTA)provides transit service to the Specific Plan site. Existing bus routes are located in the vicinity of the project site including a bus line stop located within one quarter mile of The FARM project. III-23 5 53 86.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-3: Pedestrian Circulation Final Pedestrian Circulation Plan Park at the time a Development Application is submitted III-24 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-4: Parking Final Parking Plan to be provided at the time a Park Development Application is submitted III-25 5 5386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure III.2. Water and Sewer Service Water Service Plan The FARM project site, as with the majority of the City of San Juan Capistrano, receives domestic water service from the City of San Juan Capistrano Utilities Department. See Exhibit III-5: Utility Plan. Dexter Wilson Engineering, Inc. prepared an `Overview of Potable Water Service for the Spieker/Vermeulen property in the City of San Juan Capistrano' on February 4, 2014. That plan shows the existing infrastructure available to future housing. See Exhibit-III-6: Water Quality Management Plan. The Specific Plan and subsequent development plans will include installation of"purple pipes" available for use of reclaimed water, when available. The Project may include up to three connections made to the existing 10" public water lines that are owned and operated by the City of San Juan Capistrano and are located in Del Obispo Street and Via Positiva. The existing water system can support the maximum expected fire flow of 3,000 gpm for the proposed project. The onsite potable water distribution system will be part of the improvements and plans contained in the approvals of the subdivision maps. The onsite potable water system is a public system constructed to the standards of the City of San Juan Capistrano. The on-site potable water service system will include 8" and 12" water distribution piping looped in a way that ensures reliability and redundancy for the water supply system. Ten inch piping will not be used as the City of San Juan Capistrano no longer accepts this pipe size. Exhibit III-5: Utility Plan Final Utility Plan Park to be provided at the time a Development Application is submitted III-26 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-6: Water Quality Management Plan Final Water Quality Management Plan to be provided at the time a Park Development Application is submitted Sewer Service Plan The City provides sewer service to the project site via backbone collection and conveyance systems. See Exhibit III-7: Sewer Plan and Exhibit III-5: Utility Plan. Dexter Wilson Engineering, Inc. prepared an `Overview of Sewer Service for the Spieker CCRC"plan in the City of San Juan Capistrano' on January 29, 2014. The existing sewer infrastructure near The FARM project includes a City of San Juan Capistrano 8" gravity sewer in Via Positiva on the south side of the project. This existing line runs east along Via Positiva and connects to an 18"trunk line in Alipaz Street. The 18" gravity sewer line flows south on Alipaz until it connects with a 21" line running along San Juan Creek. This line continues south adjacent to San Juan Creek until it is disposed of at the SOCWA Jay B. Latham Regional Treatment Plant in the City of Dana Point. The onsite sewer system for The FARM project is planned to collect sewer flows within the site and convey them toward the southeast entrance. This configuration follows the general slope of the topography and minimizes the offsite connection to a single location at Via Positiva. Since the minimum gravity sewer line size for the City is 8" diameter, most of the sewer collection system will be this size. III-27 55386.0000 1\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Eight-inch (8") gravity sewer lines are adequate for the onsite collection system up to the final segment exiting the site. The last segment is expected to be 10" in diameter in order to meet the City's flow depth design criteria, as described below. The onsite sewer collection system flows, depth of flow, and sizing will be a part of the final design of the onsite improvements for the subsequent development plans for up to 180 homes. Exhibit III-7: Sewer Plan Final Sewer Plan to be provided at the time a Park Development Application is submitted III-28 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure III.3. Drainage Plan—Hydrology and Water Quality Hydrology The City maintains storm drainage collection and conveyance facilities within the City. Regional flood control facilities (e.g. Homo Creek, San Juan Creek) are maintained both by the City and the Orange County Flood Control District. Three major creeks traverse through the City to the east of the Specific Plan area: San Juan Creek, Trabuco Creek, and Oso Creek. In addition, a tributary to San Juan Creek, Homo Creek, is also located east of The FARM Specific Plan area. The Specific Plan Area is not located within a flood hazard area, as identified on the United States Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map. Surface runoff and flows from the City are directed into San Juan Creek before being discharged into the Pacific Ocean to the south. A Hydrology Study was prepared for the Spieker CCRC development(Charles Hartman& Associates, November 2013). The hydrology calculations contained within the Hydrology Study were performed using the 1986 Orange County Flood Control District Hydrology Manual. An updated Hydrology study will be done for the development plan See Exhibit III-8: Hydrology Study. Natural drainage at the site is generally toward the southeast, conforming to the natural topography on and surrounding the project site. Exhibit III-5: Utility Plan shows on-site drainage patterns, as well as the existing and proposed drainage system for The FARM Specific Plan area. The site outfalls to an existing 78" drain line located in Alipaz Street at the southeast corner of the site. The Specific Plan area lies within Flood Zone X as designated by current FEMA Map (No. 06059C0506J). Post-development drainage patterns will substantially conform to the pre- development pattern. The Specific Plan area slopes to the southeast from Del Obispo Street at elevation 112 to Alipaz Street at elevation 68. Proposed storm flows exiting the site will be reduced to pre-development levels using appropriate facilities located near the downstream end of the storm drain system. An underground circular detention tank will be installed. This system will detain the peak flow while releasing flow at a rate equal to or less than the pre-development flow by the use of an orifice sized to release the required flow. The released flow will then be conveyed to the existing storm system at Alipaz Street and Via Positiva. See Exhibit III-6: Water Quality Management Plan. The Specific Plan area has emergency overflow available to the current drainage outlet located at the southwest corner of the project at Alipaz Street. III-29 55386.00001\8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Exhibit III-8: Hydrology Study Final Hydrology Study to be provided at the time a park Development Application is submitted III-30 553 86.00001 B8755767.7 The FARM Specific Plan Section III: Circulation and Infrastructure Water Quality A"Preliminary Water Quality Management Plan (WQMP) for San Juan Capistrano CCRC"was prepared in November 2013 by Charles Hartman and Associates. See Exhibit III-6: Water Quality Management Plan. It was prepared to comply with the requirements of the City of San Juan Capistrano's Local Implementation Plan and Water Quality Ordinance, as well as the Municipal Separate Storm Sewer System (MS4) Permit, Order R9-2009-0002 which requires the preparation of a project WQMP for priority development projects (a designation which applies to The FARM project). The earlier WQMP identified a combination of Best Management Practices (BMPs) which includes Low Impact Development (LID) Site Design, Source Control and Treatment Control measures to be implemented for The FARM project and will be further detailed in an updated WQMP prepared as part of the development application. These proposed design and control measures will employ a multi-level strategy consisting o£ 1) reducing or eliminating post- project runoff; 2) controlling sources of pollutants; and 3) treating storm water runoff before discharging it to the storm drain system or to receiving waters. The proposed project will minimize impervious areas by providing large landscaped areas including a small park and the traversing trail system. The streets, sidewalks and parking areas will be constructed to the minimum widths necessary. III.4. Utility Service Electrical service to the City of San Juan Capistrano is provided by San Diego Gas & Electric (SDG&E) through a grid of transmission lines and related facilities. Natural gas is also provided by SDG&E, which maintains a local system of transmission lines, distribution lines, and supply regulation stations. The City contracts with CR&R, a private waste hauler, to collect and dispose of the solid waste generated within the City, which is collected and transported to one of the three regional landfills operated and maintained by OC Waste and Recycling. The FARM project utilizes the following practices with respect to its Waste Management Plan: Waste is classified as both recycled and non-recycled with a targeted diversion rate exceeding 50%. Each home will have separate cans for recycled and non-recycled trash. Cans are emptied once a week on regularly scheduled pick-ups with the local provider using standard trash trucks. III-31 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines IV. Development Standards/Regulations IVA. Introduction The Specific Plan/Precise Plan (SP/PP) District regulations included in this Chapter are adopted pursuant to Section 9-3.317 of Title 9 of the San Juan Capistrano Municipal Code (Land Use Code.) The purpose of the land use regulations is to define permitted uses, development standards and other zoning regulations for The FARM project. In cases where a land use or a development regulation is not addressed in this Chapter, the appropriate section of the Land Use Code shall govern. In cases of conflict between a land use or a development regulation in this Chapter, and the Land Use Code, this Chapter shall prevail. IV.2. General Provisions The following land use regulations specify permitted land uses and development standards including lot size, setbacks, building heights and floor area ratio. The Planning Director shall have the authority to review proposed land uses that are not listed in the land use regulations. The Planning Director may then determine that a proposed unlisted use may be permitted if the proposed use: • Is compatible with the purpose and intent of the subject land use district; • Is of a nature that is comparable to the principal, temporary or conditional uses permitted in the subject land use district; and, • Will not be detrimental to property in the vicinity of the proposed use. Development review. Projects proposed within the The Farm Specific Plan, shall be subject to applicable review procedures as set forth in Article 3 Development Review Procedures of Chapter 2 of the San Juan Capistrano Zoning Code. Supplementary district and temporary use regulations. For sign, parking, fence, swimming pool, and similar regulations for the The Farm Specific Plan see Article 5 Supplementary District Regulations of the Land Use Code. Development of the Specific Plan is also subject to all the mitigation Measures of the Mitigated Negative Declaration (MND) adopted for the Specific Plan. IV.3. Zone District Established The following zone district is hereby established for regulating development and land uses: Specific Plan/Precise Plan District (SP/PP). The SP/PP zone district is consistent with the City's General Plan as demonstrated in Appendix A of this Specific Plan. V-32 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines IVA. Use Regulations The purpose of the use regulations is to specify the allowable uses, including any qualifying descriptions or definitions and requirements for conditional use permits, accessory uses, and temporary use permits. (a) PRINCIPAL USES AND STRUCTURES PERMITTED (1) Single-family detached dwellings on individual lots. (b) TEMPORARY/PERIODIC USES AND STRUCTURES PERMITTED (1) Temporary real estate offices and signs, subject to the requirements of the applicable section(s) of the Land Use Code (2) Temporary construction facilities, including trailers, subject to the requirements of the applicable section(s) of the Land Use Code. IV.5. Development Standards Table 4-1 specifies the development standards for the FARM. Table 4-1 Development Standards One One Two Two Two One Story' One Story Two Story' Two Story' Story' Story' Story Story' Story' Min. Max.Lol Min. Min. Max,Lot Max.2nd Min.Lot Min.Front Min.Side ,Min.Rear Min.Rear Max.Bldg. Street Covcragc Front Side Coverage floor/lst Area Yard''--' Yard2,1,5 Yard''-b Yard2.1 Hgt Frontage Ratio Yard''-.' Yard2a5 ratio' floor ratio 4,000 sq.ft. 50 ft. 18 ft. 5 ft, 16 ft 0.50 20 ft. 10-5 ft 20 ft. 0.35 80% 35 ft Max.=Maximum,Min.=Minimum,DU=Dwelling Unit,Yd.=Yard,Bldg.=Building,and HgL=Height Notes: I All new residential projects shall incorporate a combination of one-and two-story units adjacent to all master planned arterial streets,with at least 20%of the total project units being one story. 2 The criteria for measuring setbacks on irregularly shaped and cul-de-sac lots shall be in accordance with Section 9-4.315,Irregular and Cul-de-sac Lots of the Municipal Code. 3 A minimum setback of 18 feet from the front property line shall be maintained for the garage.If the garage is a side entry,the front yard setback may be reduced to a minimum of 10 feet.However,in no instance shall side entry garages using this standard exceed 20%of the total units for the residential project 4 Architectural projections may extend into required side yards no more than 40%,or more than 3 feet whichever is greater. V-33 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines 5 Minimum exterior side yards shall not be less than 5 feet on one side and 10 feet on the other. 6 Open patios may extend up to a minimum of 5 feet from rear property lines in accordance with Section 4-3.501,Accessory Uses and Structures of the Municipal Code. 7 The overall building square footage for the primary structure shall not exceed that using the floor area ratio.For the purposes of calculating overall square footage,open volume ceilings that include second story area shall be included as square footage as if a second floor has been installed;said area shall include garage and enclosed porches. V. Design Guidelines V.I. Introduction and Applicability The City of San Juan Capistrano Design Guidelines (dated September 1, 2003) include detailed design guidelines for a range of land use types, including residential, commercial and industrial. The adopted City of San Juan Capistrano Design Guidelines address the land uses associated with The FARM project. The adopted Design Guidelines were reviewed, and applicable guidelines contained therein are provided below. In some cases the text of the guideline(s) below does not match verbatim the text of the guideline(s) contained in the adopted City of San Juan Capistrano Design Guidelines, as amended and augmented to address the single family residential uses of The FARM. The intent of the following design guidelines for The FARM is to ensure a high quality of development that enhances the visual and functional quality of San Juan Capistrano and to comply with the relevant goals, objectives and policies of the City of San Juan Capistrano General Plan. The FARM site plan and architectural design will also be reviewed through the City's Development Review process. This process could yield further direction on the project's design. V.2. The FARM Design Guidelines General Design Objectives • Establish high-quality, pedestrian friendly and functional site arrangement for residences, parking and landscaping areas. • Provide stylistically authentic and creative architectural design solutions that convey a sense of timelessness and elegance. • Create visual interest by utilizing architectural and landscape concepts that maintain a sense of harmony and proportion along street frontages and other areas of the project exposed to public view. • Provide adequate open space. V-34 553 86.0000 1\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Provide adequate on-site and street parking. • Utilize high quality details and materials. Site Planning ■ Minimize use of retaining walls. • Acknowledge the site's positive characteristics through appropriate placement of structures, circulation patterns and open space. • Incorporate "entry" and "edge" design features. Ornamental landscaping, open space areas, architectural monumentation and enhanced paving may be utilized to create a unique design statement and distinguish new development from its surroundings. • Design sidewalks so that they are safe, attractive and well-defined by landscaping. • Provide a four-foot minimum clear width (exclusive of curb) for sidewalks. Where the site plan allows, incorporate landscaped parkways between street curbs and sidewalk areas. • Accommodate adequate off-street parking areas. Provision of eighteen-foot minimum driveways is encouraged. • Provide a landscaped planting area between adjacent driveways to minimize adverse visual impacts from expansive driveway surfaces. • Provide pathways to open space areas and vistas. • Enhance and architecturally complement walls and fences by adjoining landscaping. Tiered planting should be provided adjacent to perimeter walls to soften their appearance from surrounding areas. ■ Integrate site entry gates architecturally within the overall project design theme. • Provide for vehicle maneuvering, stacking and emergency access on site. • Minimize adverse visual impacts of parking areas, carports, and garage doors by proper siting and design. • Provide a four-foot minimum clear width for walkways. • Ensure that pedestrian walkways are safe, attractive and well-defined by landscaping. • Screen mechanical and utility equipment. The design of all screening devices should complement building architecture as well as materials and colors of adjacent structures. V-35 55386.0000 1\8755767,7 The FARM Specific Plan Section V: Design Guidelines • Minimize visual impact of transformers, valves, timers and other utility apparatus from public rights-of-way. Transformer units which are required to be installed along street frontages should be undergrounded or otherwise screened from public view with landscaping. • Ensure that trash, storage enclosures and other ancillary structures, such as grouped mail boxes, are architecturally compatible with the project theme. • Construct community perimeter walls of high quality, enduring construction materials such as masonry and/or ornamental metal (view fencing). • Enhance and architecturally complement walls and fences by adjoining landscaping. Tiered planting should be provided adjacent to perimeter walls to soften their appearance from surrounding areas. • Ensure compatibility with abutting residential uses in terms of the project's building height, scale, and mass by considering increased setback buffers, intensified landscaping or design elements. Architectural • Develop a high quality residential environment. • Enhance and take advantage of the site's unique natural amenities through building design. Home design should be inspiring, functional and enduring. ■ Provide compatibility in terms of form, size, color, materials and roofline with the character of existing development in the surrounding area through the architectural design. • Emphasize and reflect the presence and importance of people through the use of"human scale"proportions and architectural building details. • Take into consideration scale, style and proportion of the overall architectural form in the arrangement and design of architectural elements such as windows, doors, cornice details, etc. • Employ consistently the project's architectural style on all building elevations. ■ Provide roof articulation, and avoid flat roofs, in building design. • Study carefully and coordinate harmoniously window sizes and their arrangement on a building elevation. • Use consistently specific window style and level of detail. V-36 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Use multiple panel door designs, windows or other architectural detailing on garage doors to reduce their impact and scale. • Take the surrounding development into consideration in the selection and application of building materials and colors. ■ Complement, stylistically, materials to architectural details. • Change colors and materials infrequently. Change colors and materials at interior corners and coincide with vertical and horizontal wall plane changes. • Take into consideration scale, style and proportion of the overall architectural form in the arrangement and design of architectural elements such as windows, doors, cornice details, etc. • Include architectural elements such as balconies and porches to add visual interest, scale and enhance the architectural character of the neighborhood. Develop a high quality residential environment. • Use the buildings' massing and dimensional ratios of building components to create a harmonious visual balance and contribute to the architectural rhythm. • Include facade offsets as part of the building design in order to reduce visual massing impacts of multi-story structures. • Avoid unarticulated, boxy and/or monotonous building fagades that lack"human scale". • Use distinctive architectural elements, materials and colors to denote primary building entries or individual unit entries. • Project a residential appearance through use of pitched roof design solutions and use of appropriate roofing materials. • Use verandas, porches and other types of covered outdoor areas to provide human scale proportions to building facades and establish defensible space area boundaries. • Use pilasters, awnings and comparable architectural embellishments. • Design ancillary structures such as carports, detached garages, recreational buildings and storage structures as an integral part of the project architecture. ■ Accessory and service structures should be similar in material, color, and detail to the primary building. • Screen all mechanical equipment from view, to the extent feasible. All screening enclosures should be compatible with the architecture, colors and materials of the main building(s). V-37 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Coordinate, vertically and horizontally, the placement of fenestration elements on a building's facade. Consistent use of the same or complementary window and door styles on a building should be provided. • Choose materials to complement the overall project design and context. Building materials should convey a sense of quality and permanence. • Provide exterior building materials and colors that are stylistically authentic and complementary to the overall architectural design. Frequent changes in construction materials should be avoided. • Change materials in wall planes, preferably at interior corner locations to avoid a "tacked-on" appearance. • Use muted colors and deep hues that reflect the project site's context. • Ensure compatibility of the colors and materials of accessory structures, trellises,porches or colonnades with the main residence. • Match the color of fascia or wall materials with gutters and downspouts, unless designed as an outstanding architectural feature. • Use building materials such as brick, wood accents, and stucco. V.3. Landscape and Lighting Guidelines Lir till ■ Avoid direct glare of site and building lighting onto adjoining property and streets. ■ Utilize decorative light fixtures. • Locate pedestrian-scale lighting along all pedestrian routes. • Install street lighting fixtures in a staggered configuration on both sides of the street to meet required lighting levels. Landscgpe • Utilize landscaping to frame, soften and embellish the quality of the environment,buffer from noise and screen undesirable views. ■ Design project landscaping to contribute towards achieving an overall cohesive appearance and compatibility with surroundings. V-38 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines • Provide tiered planting(tree-shrub-turf) and decorative hardscape to enhance the visual character of the project. • Encourage the use of the following planting design concepts: Use planting to soften building lines with shadows and patterns. Use canopy trees in parking areas and passive open space areas. Use specimen trees in informal groupings or rows at major focal points. Use berms, plantings and walls to screen parking lots, trash enclosures, storage areas,utility boxes, etc. • Provide landscaping adjacent to the perimeter areas of buildings. • Protect landscaping from vehicular and pedestrian encroachment. • Preserve and integrate existing vegetation within the overall landscape plan for the project. • Select landscape materials that are appropriate for the climatic zone of the City and for the function they are intending to serve including visual screening space definition, privacy and accenting purposes. • Place plant materials so that they do not interfere with lighting or restrict access to emergency apparatus. • Provide a minimum of eight feet between the center of trees or large shrubs and fire hydrants, fire department sprinklers and standpipe connections. ■ Install root barriers (guards)between planting and adjoining hardscape areas. A five-foot minimum clearance should be provided between root barriers and adjacent hardscape areas. • Cluster trees on property lines to screen buildings and take advantage of views. • Locate plant materials in a manner that simulates natural conditions. ■ Preserve and incorporate existing mature, healthy trees in the overall landscape plan. • Ensure the natural quality and appearance of selected planting materials in common area landscaping and maintenance. ■ Install slope plantings all slopes with gradients greater than 6:1 and with a vertical height of three feet within thirty days of completion of finish grading. • Space all plant materials appropriately to control soil erosion. • Plant trees, shrubs and ground cover in undulating groupings to improve the character of manufactured slopes. • Include permanent irrigation systems in new or vegetated slopes. V-39 55386.00001\8755767.7 The FARM Specific Plan Section V: Design Guidelines V-40 55386.0000 1\8755767,7 The FARM Specific Plan Section VI: Implementation and Administration VI. Implementation and Administration VI.1. Specific Plan Adjustments/Amendments Introduction During implementation of The FARM Specific Plan, the need may arise to make revisions and/or modifications to the adopted Specific Plan document and/or exhibit(s) in order to respond to market conditions and to ensure consistency in design within the Specific Plan area. These necessary modifications may be minor in nature or they may require more substantive revision(s) to the approved Specific Plan. The extent of the modification requested, as well as its conformance with the overall intent of The FARM Specific Plan and the City of San Juan Capistrano General Plan, will determine whether administrative review/approval, or formal review/approval by the City Council, will be required. Both processes are discussed below. VI-41 55386.00001\8755767.7 The FARM Specific Plan Section VI: Implementation and Administration Specific Plan Amendments Amendments to the adopted The FARM Specific Plan shall be processed in the same manner provided for a Comprehensive Development Plan as set forth in subsection (d) of Section 9- 3.315 Planned Community(PC) District of the Municipal Code. Specific Plan amendments must conform to the City of San Juan Capistrano General Plan and will be evaluated for potential environmental impacts. VI.2. Implementation All building permits issued within The FARM Specific Plan Area shall be subject to review prior to approval to ensure conformance with the approved The FARM Specific Plan and the approved Architectural Control for the Specific Plan Area. Financing associated with the development of The FARM will be obtained by the landowners. No public financing is associated with the project. VI-42 55386.0000 1\8755767.7 Appendix INTRODUCTION This Appendix to The FARM Specific Plan discusses how The FARM project relates to the goals and policies contained in the various elements of the City of San Juan Capistrano General Plan. Section 65450 et. seq. of the California Government Code (Title 7, Division 1, Chapter 3, Article 8) authorizes cities to "...prepare specific plans for the systematic implementation of the general plan for all or a part of the area covered by the general plan." The California Government Code identifies content requirements for Specific Plans (Section 65451). Among those is a requirement that"...the specific plan shall include a statement of the relationship of the specific plan to the general plan". The following is an analysis of The FARM Specific Plan's consistency with the City of San Juan Capistrano General Plan. The City of San Juan Capistrano General Plan includes the following twelve topical elements: • Land Use Element • Circulation Element ■ Housing Element • Conservation/Open Space Element • Safety Element • Noise Element ■ Cultural Resources Element • Community Design Element ■ Growth Management Element • Parks and Recreation Element ■ Public Services and Utilities Element • Floodplain Management Element LAND USE ELEMENT Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Policies: 1.1: Encourage a land use composition in San Juan Capistrano that provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. 1.2: Encourage commercial, tourist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. 1.3: Encourage mixed commercial and residential use projects in the Mission District downtown area to conserve land and provide additional housing opportunities and population to support commercial services and retail sales. Consistency Discussion: Development of The FARM project will provide a significant increase in city property tax receipts associated with the Specific Plan area. Residents of the community and their visitors will contribute to an increase in retail sales revenue and related city sales tax receipts at local dining, shopping and tourist oriented venues. 7 Land Use Goal 2: Control and direct future growth within the City to preserve the rural village- like character of the community. Policies: 2.1: Continue controlling growth through the implementation of the City's residential growth management program. 2.2: Assure that new development is consistent and compatible with the existing character of the City. 2.3: Ensure that development corresponds to the provision of public facilities and services. Consistency Discussion: Detailed design guidelines have been provided in the Specific Plan to ensure the project is consistent and compatible with the existing character of the City. The FARM Specific Plan is located adjacent to roadway and utility infrastructure to support its development. Section II I of the Specific Plan provides detailed information on infrastructure provisions associated with The FARM project. Land Use Goal 3: Distribute additional population within the City based on risk factors. Policies: 3.1: Confine higher density land uses to the valley areas outside of the floodplain. 3.2: Limit density of development in the hillsides, floodplains, and other high-risk areas. Consistency Discussion: ........... The FARM Specific Plan Area is situated within a valley area and is not located within a high- risk area. The site is located outside of designated floodplains. The "Geotechnical Due- Diligence Evaluation, Proposed Retirement Community, Armstrong Nursery/Del Obispo Property, City of San Juan Capistrano", prepared by GMU Geotechnical, Inc. {dated August 1, 2013), determined that the project is "feasible and practical from a geotechnical engineering 1 perspective." This determination is valid for the FARM Specific Plan. Additional studies will be provided as part of the development application approvals to reconfirm the geotechnical stability of the area. Land Use Goal 4: Preserve major areas of open space and natural features. Policies: 4.1: Preserve areas of natural hazards, such as landslides and floodplains, which would jeopardize the public health and safety. 4.2: Implement land and open space rights acquisition programs to allow for the long-term preservation of open space resources. 4.3: Preserve designated ridgelines and the immediate adjacent area to maintain the open space character of the community. Consistency Discussion: — ---- As discussed under Land Use Goal 3, above, the geotechnical evaluation prepared for the earlier project did not determine that there were any geotechnical hazards associated with the Specific Plan Area that would jeopardize public health and safety. The General Plan does not i identify any ridgelines on or adjacent to the Specific Plan Area, nor does it identify open-space resources associated with the Specific Plan Area. Land Use Goal 5: Encourage commercial development which serves community needs and is located in the existing central business district. Policies: 5.1: Encourage the location and retention of businesses within the downtown Mission District. Consistency Discussion: Residents of The Farm community and their guests will provide economic stimulation to restaurants and other businesses in the downtown district, located just minutes from The FARM project. -— Land Use Goal 6: Enhance or redevelop underperforming commercial centers. Policies: 6.1: Allow for the transition of the oversupply of commercial land use to other economically viable revenue producing land uses. Consistency Discussion: The immediate proximity of The FARM project to the existing Vermeulen shopping center will provide revitalization to the center's existing commercial uses. Land Use Goal 7: Enhance and maintain the character of neighborhoods. Policies: 7.1: Preserve and enhance the quality of San Juan Capistrano neighborhoods by avoiding or abating the intrusion of non-conforming buildings and uses. 7.2: Ensure that new development is compatible with the physical characteristics of its site, surrounding land uses, and available public infrastructure. 7.3: Utilize programs for rehabilitation of physical development, infrastructure and undergrounding of utilities within the City to improve community neighborhoods. 7.4: Protect the existing population and social character of older areas subject to rehabilitation and redevelopment. Consistency Discussion: . . ....... The FARM Specific Plan establishes new development standards for the Specific Plan Area. It also contains detailed design guidelines, the implementation of which will help to preserve and enhance the.quality of San Juan Capistrano neighborhoods and ensure that The FARM is compatible with the physical characteristics of the Specific Plan Area, the surrounding land uses, and the available public infrastructure (refer to Section III of the Specific Plan for a detailed discussion of infrastructure provision associated with Specific Plan implementation. CIRCULATION ELEMENT Circulation Goal 1: Provide a system of roadways that meets the needs of the community. Policies: 1.1: Provide and maintain a City circulation system that is in balance with the land uses in San Juan Capistrano. 1.2: Implement the City's Master Plan of Streets and Highways. 1.3: Coordinate improvements to the City circulation system with other major transportation improvement programs. IA: Improve the San Juan Capistrano circulation system roadways in concert with land development to ensure sufficient levels of service. 1.5: Improve existing arterial system that serves regional circulation patterns in order to reduce local congestion(Ortega Highway at I-5). 1.6: Reduce the congestion along local arterial roadways in commercial areas by driveway access consolidation,parking area interconnections and similar actions. Consistency Discussion: Section III of The FARM Specific Plan addresses both vehicular and pedestrian circulation associated with project. As part of The FARM Specific Plan, a traffic study was prepared. The Traffic Impact Analysis of the Draft Mitigated Negative Declaration (MND) for The FARM Specific Plan concludes that The FARM project will have no significant or un-mitigatable impacts to traffic or circulation. Circulation Goal 2: Promote an advanced public transportation network. Policies: 2.1: Encourage the increased use and expansion of public transportation opportunities. 2.2: Promote new employment-producing development in areas where public transit is convenient and desirable. 2.3: Encourage the provision of additional regional public transportation services and support facilities, such as park-and-ride lots. Consistency Discussion: The FARM Specific Plan area is located within one-quarter mile of a bus stop. The area surrounding the Project site is served by existing bus routes. The FARM Specific Plan represents a diverse employment producing development where public transit is convenient and desirable. Circulation Goal 3: Provide an extensive public bicycle, pedestrian, and equestrian trails network. Policies: 3.1: Provide and maintain an extensive trails network that supports bicycles, pedestrians, and horses and is coordinated with those networks of adjacent jurisdictions. Consistency Discussion: Pedestrian access within The FARM includes a network of lighted pedestrian walkways. These walkways and expanded traversing trail system connects the residences to the local public recreation amenities, the Ecology Center and will provide access throughout The FARM for residents, guests. Circulation Goal 4: Minimize the conflict between the automobile, commercial vehicles, pedestrians, horses, and bicycles. Policies: 4.1: Provide sufficient right-of-way widths along roadways to incorporate features that buffer pedestrians, horses, and bicycles from vehicular traffic. 4.2: Provide traffic management improvements within areas where through traffic creates public safety problems. 4.3: Install additional street improvements within areas where necessary to improve vehicular and non-vehicular safety. 4.4: Apply creative traffic management approaches to address congestion in areas with unique problems, such as schools, businesses with drive-through access, and other special situations. Consistency Discussion: Section III of The FARM Specific Plan addresses both vehicular and pedestrian circulation associated with project. The plan includes a network of pedestrian walkways designed to provide safe and convenient access to and between community's amenities and residences. The Specific Plan Area is serviced by private roadways conforming to the standards found in the San Juan Capistrano General Plan. Circulation Goal 5: Achieve the development of regional transportation facilities. Policies: 5.1: Support the implementation of the Orange County Master Plan of Arterial Highways and the south Foothill Tollway Segment (Segment CP). 5.2: Work closely with adjacent jurisdictions and transportation agencies to ensure that development projects outside San Juan Capistrano do not adversely impact the City or other providers of public transportation service within the City. Consistency Discussion: The FARM Specific Plan does not identify considerations related to the development of regional transportation facilities. The implementation of The FARM Specific Plan will not impede the Ci 's efforts with respect to Circulation Goal 5 for the Ci of San Juan Capistrano. HOUSING ELEMENT Housing Goal 1: To create and maintain "decent housing and a suitable living environment" for all households in the community. Policies: 1.1: To encourage all households to maintain and rehabilitate all housing to prevent deterioration. 1.2: To preserve all housing and neighborhoods throughout the City in a safe environment to live, work and play. 1.3: To encourage the rehabilitation of deteriorating houses where feasible and provide assistance when necessary for households who cannot afford the costs of such improvements. 1.4: To obtain the rehabilitation of 120 units over the next six years. For the purposes of this goal it is anticipated that 20 units per year will be rehabilitated. 1.5: To provide and maintain an adequate level of services and facilities in all areas of the City. Consistency Discussion: The FARM Specific Plan directly implements Housing Goal 1 by developing a residential community within the Specific Plan Area. A total of up to 180 individually owned homes will be developed. An active Home Owners Association will maintain the common areas without the need for public funding. Housing Goal 2: To achieve housing production levels to the maximum extent feasible with available funding to meet projected needs. Policies: 2.1: Consistent with the Land Use Element, encourage the construction of a variety of housing types and sizes of housing throughout the community. 2.2: To continue the City's program of allowing the placement of mobile homes, factory built housing on vacant residential parcels in single family zoning districts. 2.3: To create funding opportunities for the purchase of affordable housing by very low, low and moderate income households. Consistency Discussion: The FARM Specific Plan residential community directly implements Housing Goal 2 by developing up to 180 residential units. These residences complement the range of housing tvpes and sizes available within the City of San Juan CaRistrano_ Housing Goal 3: To encourage, whenever possible, the creation of new affordable housing units on those sites identified by the City as suitable for such development. Policies: 3.1: To promote and encourage the new construction of private sector, including nonprofit housing organizations, rental housing for very low, low and moderate income households. 3.2: To facilitate the production of 100 rental units through approved and potential developments over the next six years which will be affordable to very low and low income households. To be able to meet this objective, the City will provide expedited development review of any development application for affordable units during the Housing Element cycle. 3.3: To target City owned sites available for housing production for working families. Consistency Discussion: Implementation of The FARM Specific Plan will not impede the City's efforts with Goal 3 as the City will require any future residential development of the site to have at least 10% of the new units be affordable housing or to pay an "in lieu" fee so that said affordable housing units can be developed elsewhere in the City. Housing Goal 4: To the maximum extent feasible, develop assistance programs to address the needs to provide affordable housing for the City's current and future households. Policies: 4.1: To continue participation in the Section 8 Housing Assistance Payments Program through the County of Orange. 4.2: Implement affordability agreements for all housing projects that receive financial assistance from the City and/or Community Redevelopment Agency. 4.3: Continue to participate in the Mortgage Credit Certificate Program (MCCP). Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's development of housing assistance programs. Implementation of The FARM Specific Plan will not impede the City's efforts to develop housing assistance programs. Housing Goal 5: To satisfy housing needs through the use of assistance programs that utilize existing housing units and the production of new housing units. Policies: 5.1: Continue the rental subsidy program to assist low and very low income households. Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's development of housing assistance programs. Implementation of The FARM Specific Plan will not impede the City's efforts to develop or implement its rental subsidy program, f Housing Goal 6: To continue reviewing residential development applications with multiple discretionary reviews concurrently and to expedite, whenever possible, when part of an affordable housing program and/or project. Policies: 6.1: Continue to encourage affordable housing applications through the adoption of density bonus and financial assistance programs of the City and the Community Redevelopment Agency. 6.2: To continue cooperative agreements, as appropriate with State, County and other agencies, so that community housing needs are met to the greatest degree possible. 6.3: To evaluate procedures and innovative techniques and technology advances in reducing the cost of land use regulations on housing choices. 6.4: To continue a program to constantly evaluate procedures and regulations that will result in expeditious processing of development applications at reduced cost to the applicant. Consistency Discussion: The FARM Specific Plan does not address considerations related to the City's expedited processing of affordable housing applications. Implementation of The FARM Specific Plan will not impede the City's efforts to expedite applications. Housing Goal 7: To promote housing opportunities for all persons regardless of race,religion, sex, marital status, sexual preference, ancestry, national origin, or color. Policies: 7.1: Continue efforts to facilitate the unimpeded access to housing without consideration of arbitrary distinctions. 7.2: Continue adopted procedures whereby the City refers apparent violations of the law to enforcement agencies for consideration of remedial actions. Consistency Discussion: The FARM Specific Plan will be designed for residents of all ages and will not discriminate based on race, religion, sex, marital status, sexual preference, ancestry, national origin, or color. CONSERVATION/OPEN SPACE ELEMENT Conservation/Open Space Goal 1: Preserve and enhance open space resources. Policies: 1.1: Identify remaining areas which should be preserved and enhanced as open space resources. 1.2: Continue to implement land and open space-rights acquisition of appropriate properties to allow for the long-term preservation of open space resources. 1.3: Identify and implement funding programs to maintain open space lands. Consistency Discussion: The General Plan does not identify open space resources associated with the Specific Plan Area. However, The FARM Specific Plan does include a number of outdoor amenities to enhance its open space, both passive and active, including a traversing walking path and a small park. ... Conservation/Open Space Goal 2: Protect and preserve important ecological and biological resources. Policies: 2.1: Use proper land use planning to reduce the impact of urban development on important ecological and biological resources. 2. 2: Preserve important ecological and biological resources as open space. 2.3: Develop open space uses in an ecologically sensitive manner. 2.4: Continue to designate the City as a bird sanctuary to preserve and protect the populations of all migratory birds which serve as a prime resource to the character and history of the community. Consistency Discussion: The FARM Specific Plan Area does not contain important ecological and biological resources. Implementation of The FARM Specific Plan will not impede the City's efforts to protect and preserve its ecological and biological resources. The General Plan does not identify open space resources associated with the Specific Plan Area. Conservation/Open Space Goal 3: Preserve existing agricultural activity. Policies: 3.1: Implement economic programs that promote the long-term viability of designated agricultural parcels within the City. 3.2: Reduce the negative impacts resulting from urban uses and neighboring agricultural uses in close proximity. Consistency Discussion: The FARM Specific Plan Area is currently identified as an Agri-Business site in the Generals Plan's Industrial land use category. However, no portion of the site is being used to grow in- ground agricultural products. Ten years ago, much of the site was paved with concrete and asphalt to facilitate construction of warehouses, loading docks, greenhouses and related roadways in order to accommodate the site's previous use as a regional warehousing, distribution and growing center for plant material and container plants. A California Agricultural Land Evaluation and Site Assessment was performed for an earlier proposed project, which evaluated the agricultural value of the project site using the accepted California LESA Model. This study assigned the project site a total LESA score of 63.45 out of a possible 100, with a SA subscore of 18.75. Based on the objective LESA scale, the Land Evaluation and Site Assessment concluded that "pursuant to the LESA model, the proposed conversion of the site from agriculture to non-agricultural uses would not be considered to be significant." Further, development of The FARM project will not negatively impact neighboring parcels currently being used for active agricultural purposes. Conservation/Open Space Goal 4: Prevent incompatible development in areas that should be preserved for scenic, historic, conservation, or public safety purposes. Policies: 4.1: Assure incompatible development is avoided in those areas that are designated to be preserved for scenic, historic, conservation, or public safety purposes. Consistency Discussion: The FARM Specific Plan Area is located in an area characterized by public and institutional land uses including assisted living facilities, churches and both public and private schools. Additionally, various types of residential development, from low to high density, surround the project site. The project is compatible with the existing development in its vicinity. Implementation of the Specific Plan will not affect areas designated by the City for preservation for scenic, historic, conservation or public safety purposes. Conservation/Open Space Goal 5: Shape and guide development in order to achieve efficient growth and maintain community scale and identity. Policies: 5.1: Encourage high-quality design in new development and redevelopment to maintain the low- density character of the City. 5.2: Ensure that new development integrates and preserves areas designated for scenic, historic, conservation, or public safety reasons. 5.3: Ensure that no buildings will encroach upon any ridgeline designated for preservation. Consistency Discussion: The FARM Specific Plan preserves the low-density character of the City while also conveniently locating most residents near the services the community provides. No ridgeline is present, no historic structures are impacted. Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will ensure a high-quality design that will maintain the identity and scale of San Juan Capistrano. Conservation/Open Space Goal 6: Improve air quality. Policies: 6.1: Cooperate with the South Coast Air Quality Management District and Southern California Association of Governments in their efforts to implement the regional Air Quality Management Plan. 6.2: Cooperate and participate in regional air quality, management planning, programs, and enforcement measures. 6.3: Implement City-wide traffic flow improvements. 6.4: Achieve a greater balance between jobs and housing in San Juan Capistrano. 6.5: Integrate air quality planning with land use and transportation planning. 6.6: Promote energy conservation and recycling by the public and private sectors. Consistency Discussion: The IS/MND for The FARM Specific Plan includes a detailed Air Quality and Greenhouse Gas Analysis that analyzes the air quality impacts of the project. The Air Analysis concludes that The FARM project will not result in unavoidable or significant adverse impacts to air quality or generate greenhouse gas emissions that may have a significant impact on the environment. Chapter III of The FARM Specific Plan contains information on the community's Solid Waste Management Plan including descriptions of diversion rates exceeding 50%. Implementation of The FARM Specific Plan will not impede the City's efforts to participate in regional air quality, management planning, programs, and enforcement measures. Buildings within The FARM will exceed all Title 24 energy efficiency standards. Energy efficient measures will include energy efficient lam technolq ies which will be implemented on interior and exterior lights. Conservation/Open Space Goal 7: Protect water quality. Policies: 7.1: Coordinate water quality and supply programs with the responsible water agencies. 7.2: Encourage the production and use of recycled water. 7.3: Conserve and protect watershed areas. Consistency Discussion: Chapter III of The FARM Specific Plan describes the initial Conceptual Water Quality Management Plan prepared for the Specific Plan Area. All water collected in the storm drain system as a result of implementation of The FARM Specific Plan and subsequent development of the site will be filtered onsite using natural and mechanical methods. The Specific Plan Area on-site storm drain system will be designed to ensure the City storm drain system receives no additional impact as a result of the development of Lip to 180 home community. Conservation/Open Space Goal 8: Encourage active citizen involvement to establish and achieve community goals. Policies: 8.1: Solicit citizen participation during the early stages of major public and regulatory programs. 8.2: Develop appropriate vehicles, such as newsletters, information brochures, cable television programming and announcements, and other methods, to communicate important information to the population of San Juan Capistrano. Consistency Discussion: Implementation of The FARM Specific Plan will not impede the City's efforts to encourage active citizen involvement to establish and achieve community goals. The Specific Plan itself implements applicable community goals of the General Plan. SAFETY ELEMENT Safety Goal 1: Reduce the risk to the community from hazards related to geologic conditions, seismic activity, wildfires, structural fires and flooding. Policies: 1.1: Reduce the risk of impacts from geologic and seismic hazards by applying proper development engineering, building construction, and retrofitting requirements. 1.2: Protect the community from flooding hazards by providing and maintaining flood control facilities and limiting development within the floodplain. 1.3: Reduce the risk of wildfire hazards by requiring fire retardant landscaping and project design for development located in areas of high wildfire risk. 1.4. Reduce the risk of fire to the community by coordinating with the Orange County Fire Authority. 1.5 All residential projects with more than 48 units should be required to provide a secondary access to the project site. The secondary access may be designated as emergency access only. Consistency Discussion: The FARM Specific Plan will been designed with an internal circulation system that allows adequate fire access to all structures. The FARM Specific Plan Area is not located within a high risk area. It is located outside of a designated floodplain. The "Geotechnical Due-Diligence Evaluation, Proposed Retirement Community, Armstrong Nursery/Del Obispo Property, City of San Juan Capistrano", prepared by GMU Geotechnical, Inc. (dated August 1, 2013), determined that the CCRC project is "feasible and practical from a geotechnical engineering perspective." Although the above evaluation was prepared for the previously proposed CCRC project the analysis and conclusions are tied to the conditions of the site and surrounding area rather than the project characteristics, which for geotechnical considerations are similar to the previous project. An updated Geotechnical Evaluation will be provided with the development j applications. J Safety Goal 2: Protect the community from hazards related to air pollution, nuclear power production, hazardous materials and ground transportation. Policies: 2.1: Work with responsible federal, state and county agencies to decrease air pollution emissions occurring within the air basin to reduce the risk posed by air pollution. 2.2: Coordinate with federal and state agencies and Southern California Edison to reduce the risks related to nuclear power production. 2.3: Cooperate with responsible federal, state, and county agencies to minimize the risk to the community from the use and transportation of hazardous materials through the City. 2.4: Reduce the per capita production of household hazardous waste in San Juan Capistrano in concert with the County of Orange plans for reducing hazardous waste. 2.5: Reduce the risk from ground transportation hazards, such as rail and roadway systems. Consistency Discussion: A "Phase I Environmental Site Assessment: Vermeulen Ranch Center" (prepared by Geotek, Inc., dated April 11, 2013)was prepared for the Specific Plan Area. With respect to hazardous materials, it concluded that there was "no evidence of a recognized environmental condition or environmental concern" within the Specific Plan Area. Implementation of The FARM Specific Plan will not impede the City's efforts to protect the community from hazards related to air pollution, nuclear power production, hazardous materials and ground transportation. Safety Goal 3: Protect citizens and businesses from criminal activity. Policies: 3.1: Coordinate with the Orange County Sheriff s Department to reduce the risk of criminal activity. 3.2: Apply design techniques and standards aimed at reducing criminal activity to new development and redevelopment. 3.3: Promote after school programs, volunteer programs and Neighborhood Watch programs to reduce the risk of criminal activity. 3.4: Improve public awareness of both the responsiveness of the Orange County Sheriff s Department and ways to reduce criminal activity within the City. Consistency Discussion: The FARM Specific Plan project incorporates a range of defensible space components, including outdoor lighting and landscaping, to help reduce the risk of criminal activity within the Specific Plan Area. Safety Goal 4: Improve the ability of the City to respond effectively to natural and human- caused emergencies. Policies: 4.1: Support the development of local preparedness plans and multi jurisdictional cooperation and communication for emergency situations consistent with the Standardized Emergency Management System (SEMS). 4.2: Educate residents and businesses regarding appropriate actions to safeguard life and property during and immediately after emergencies. Consistency Discussion: --------------- Implementation of The FARM Specific Plan will not impede the City's efforts to respond effectively to natural and human-caused emergencies. NOISE ELEMENT Noise Goal l: Minimize the effects of noise through proper land use planning. Policies: 1.1: Utilize noise/land use compatibility standards as a guide for future planning and development decisions. 1.2: Provide noise control measures and sound attenuating construction in areas of new construction or rehabilitation. Consistency Discussion: Development of The FARM Specific Plan will adhere to the City's General Plan and Municipal Code with respect to noise levels for new construction. The FARM Specific Plan residences will be designed to meet single event interior noise levels of 50 dBA or less in bedrooms and 55 dBA or less in other rooms. Noise Goal 2: Minimize transportation-related noise impacts. Policies: 2.1: Reduce transportation-related noise impacts to sensitive land uses through the use of noise control measures. 2.2: Control truck traffic routing to reduce transportation-related noise impacts to sensitive land uses. 2.3: Incorporate sound-reduction design in development projects impacted by transportation- related noise. 2.4: Oppose airport operations that result in excessive noise from overflights. Consistency Discussion: Like much of the Capistrano Valley, the Specific Plan Area is subject to occasional train horns, but the distance from the railroad tracks and other sources of ground-borne noise levels minimize the potential for resident exposure to ground-borne vibration and associated noise levels. The Specific Plan Area is not located within two miles of a public or private airstrip and would not expose residents to its associated noise levels. Noise Goal 3: Minimize non-transportation-related noise impacts. Policies: 3.1: Reduce the impacts of noise-producing land uses and activities on noise-sensitive land uses. 3.2: Incorporate sound-reduction design in new construction or rehabilitation projects impacted by non-transportation-related noise. Consistency Discussion: Development of The FARM Specific Plan will adhere to the City's General Plan and Municipal Code with respect to noise levels for new construction. The FARM residences will be designed to meet single event interior noise levels of 50 dBA or less in bedrooms and 55 dBA or less in other rooms. CULTURAL RESOURCES ELEMENT Cultural Resources Goal 1: Preserve and protect historical, archaeological, and paleontological resources. Policies: 1.1: Balance the benefits of development with the project's potential impacts to existing cultural resources. 1.2: Identify, designate, and protect buildings and sites of historic importance. 1.3: Identify funding programs to assist private property owners in the preservation of buildings and sites of historic importance. Consistency Discussion: The buildings that exist within the Specific Plan Area are not of historical value or listed in the California Register of Historical Resources. Prior to grading, an archaeologist, with expertise in California prehistoric archaeology, and a Certified Native American Monitor will be consulted to ensure that if important archaeological and Native American Cultural resources could potentially be im acted, an appropriate monitoring program will be designed. COMMUNITY DESIGN ELEMENT Community Design Goal 1: Encourage and preserve a sense of place. Policies: 1.1: Preserve significant amounts of land and important natural features for open space. 1.2: Encourage high-quality and human scale design in development to maintain the character of the City. 1.3: Encourage the participation by all members of the community in activities which promote the City and create local pride. Consistency Discussion: The General Plan does not identify open space resources associated with the Specific Plan Area. However, The FARM Specific Plan does include a number of outdoor amenities to enhance its open space, both passive and active, including walking paths and a small park. Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will ensure a high-quality and human design which will preserve a sense of place. The pedestrian circulation plan program provided for residents of The FARM Specific Plan will allow for and encourage participation by residents in nearby community events, ecology training and similar activities. Community Design Goal 2: Preserve the historic character of the community. Policies: 2.1: Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping. Consistency Discussion: Section V of The FARM Specific Plan contains detailed design guidelines governing general design, site planning, architecture, outdoor lighting and landscaping. These guidelines will complement San Juan Capistrano's historic character. Community Design Goal 3: Preserve and enhance natural features. Policies: 3.1: Limit development of important natural characteristics such as ridgelines, unique hillside features and creeks. 3.2: Encourage the recreational use of natural features, such as hillsides and creeks. 3.3: Preserve and enhance scenic transportation corridors, including Interstate 5 and the railroad. 3.4: Preserve important view sheds. Consistency Discussion: The Specific Plan Area is not located within the view shed of a state or City-designated scenic highway corridor. There are no uni ue natural features within the Specific Plan Area. GROWTH MANAGEMENT ELEMENT Growth Management Goal 1: Coordinate rational and orderly growth that assures the economic and efficient provision of public services and infrastructure to new development. Policies: 1.1: Continue to implement service standards for public services and infrastructure which provide sufficient services to community residents and businesses. 1.2: Approve only those development proposals for which there is sufficient funding through the developer, City or other agency to provide a level of public service and infrastructure which meet the established goals. 1.3`. Monitor growth to ensure that service standards are achieved. Consistency Discussion: The FARM Specific Plan is located adjacent to roadway and utility infrastructure to support its development. Section III of the Specific Plan provides detailed information on existing infrastructure provision associated with The FARM project. Subsequent development activities will add infrastructure improvements. Growth Management Goal 2: Provide sufficient regional transportation facilities. Policies: 2.1: Work closely with the OCTA, Caltrans, surrounding jurisdictions, and other transportation agencies to obtain needed transportation funding and facilities. 2.2: Encourage the expansion of alternative means of regional public transportation. Consistency Discussion: The FARM Specific Plan expands alternative means of transportation. The project site is located in close pedestrian proximity to City trails, the San Juan Capistrano Community Center and Sports Park, and the retail center located immediately southwest of the site. Both scheduled and non-scheduled transportation services, such as Uber, provide residents with access to nearby off-site amenities including shopping and dining venues, religious services, doctor's appointments, as well as other activities. The FARM is located within one-quarter mile of a bus line stop. Growth Management Goal 3: Provide for a balance of jobs and housing through land use planning. Policies: 3.1: Consider jobs/housing balance in the City and region as a factor inland use decision- making. Consistency Discussion: The FARM Specific Plan expands housing opportunities within the City by providing up to 180 new residential dwellings with easy access to nearby commercial centers and community recreation opportunities. Growth Management Goal 4: Coordinate and cooperate with other public agencies to address regional issues and opportunities. Policies: 4.1: Participate with other public agencies in cooperative efforts to address important regional issues. 4.2: Monitor major new developments proposed in adjacent communities to ensure that impacts on San Juan Capistrano are mitigated. Consistency Discussion: The FARM Specific Plan does address considerations related to the City's cooperation with other public agencies to address regional issues and opportunities; implementation of The FARM Specific Plan will not impede the City's efforts to address important regional issues. PARKS AND RECREATION ELEMENT Parks and Recreation Goal 1: Provide, develop, and maintain ample park and recreational facilities that provide a diversity of recreational activities. Policies: 1.1: Coordinate with local groups to identify and meet the community's recreational needs. 1.2: Work with the County and other agencies'planning for the development of regional parks and regional linkages which will be accessible to City residents. 1.3: Identify and implement funding programs to maintain and expand park and recreational facilities. IA: Develop and maintain a balanced system of public and private recreational lands, facilities, and programs to meet the needs of the community. 1.5: Operate and maintain public park and recreational facilities in a manner that ensures safe and convenient access for all members of the community. 1.6: Increase the accessibility of existing open space areas for recreational activities. 1. 7: Provide parkland improvements and facilities that are durable and economical to maintain. 1.8: Publicize park and recreation opportunities in San Juan Capistrano to the community. 1.9: Utilize existing public utility easements for recreation and open space. Consistency Discussion: The FARM Specific Plan project is designed to provide numerous on site recreational facilities that include a small park and the traversing multi-use trail that accesses the Community Center, public schools, the preserved farming area and the noted Ecology Center. Parks and Recreation Goal 2: Develop and expand the existing bicycle, hiking, and equestrian trail system and facilities. Policies: 2.1: Develop and expand the existing trails network that supports bicycles, pedestrians, and horses, and coordinate linkages with those networks of adjacent jurisdictions. 2.2: Preserve the equestrian lifestyle by designating land for the preservation or provision of new equestrian facilities. 2.3: Encourage the affordable provision of equestrian facilities within the City. Consistency Discussion: The FARM Specific Plan does address considerations related to the City's existing bicycle, hiking, and equestrian trail system and facilities with the addition of the traversing trail. Implementation of The FARM Specific Plan will not impede the City's efforts to develop and expand existing bicycle, hiking, and equestrian trails stem and facilities. Parks and Recreation Goal 3: Reduce the impact of adjacent cities'residents on San Juan Capistrano's recreational facilities. Policies: 3.1: Develop and implement programs which distribute the cost of building and maintaining recreational facilities to the actual users with credit to City residents for past and current payment for providing facilities through Measure "D" bonds. Consistency Discussion: The FARM Specific Plan includes a Development Agreement with a provision to make financial cash contribution to the City that will be used toward the acquisition, construction and/or maintenance of City Facilities. Therefore, the Specific Plan does not interfere with the City's programs to reduce the impact of adjacent cities' residents on San Juan Capistrano's recreational facilities. PUBLIC SERVICES AND UTILITIES ELEMENT Public Services and Utilities Goal 1: Work with the Orange County Sheriff's Department to provide a sufficient level of law enforcement. Policies: 1.1: Work closely with the Orange County Sheriff's Department in determining and meeting community needs for law enforcement services. 1.2: Periodically evaluate the level of law enforcement services to ensure that San Juan Capistrano has appropriate levels of law enforcement services. Consistency Discussion: The FARM Specific Plan incorporates a range of defensible space components, including outdoor lighting and landscaping, to help reduce the risk of criminal activity within the Specific Plan Area. Public Services and Utilities Goal 2: Work with the Orange County Fire Authority to provide a sufficient level of fire protection. Policies: 2.1: Work closely with the Orange County Fire Authority in determining and meeting community needs for fire protection services and facilities. 2.2: Periodically evaluate the level of fire protection service to ensure that San Juan Capistrano has appropriate levels of fire protection services. Consistency Discussion: Development under The FARM Specific Plan will be reviewed by the Orange County Fire Authority to ensure that the community has adequate fire protection. Section III of the Specific Plan contains a Utility Plan which identifies the on-site water system, including fire protection requirements. Public Services and Utilities Goal 3: Work effectively with the Capistrano Unified School District to provide a sufficient level of public education. Policies: 3.1: Work closely with Capistrano Unified School District in determining and meeting community needs for public education and related activities. 3.2: Work with Capistrano Unified School District in investigating potential locations and funding sources for new schools, including a future high school. Consistency Discussion: The Capistrano Unified School District (CUSD) is responsible for providing public education facilities in the City, including for the Specific Plan Area. It is anticipated that increased property taxes associated with development of The FARM Specific Plan project will contribute to the funding of the school district's activities. Public Services and Utilities Goal 4: Provide sufficient community facilities. Policies: 4.1: Work closely with community groups in providing community facilities which meet the needs of the community. Consistency Discussion: The FARM Specific Plan includes provisions for community facilities for its residents including the addition of a new local park. In addition, FARM Specific Plan includes a Development Agreement with a provision to make financial cash contribution to the City that will be used toward the acquisition, construction and/or maintenance of City facilities. Public Services and Utilities Goal 5: Work closely with the Orange County Public Library to provide a sufficient level of library facilities and services. Policies: 5.1: Work closely with the Orange County Public Library in determining and meeting community needs for library facilities and services, including hours of operation. Consistency Discussion: The FARM Specific Plan does not interfere with the City's efforts to work closely with the Orange County Public Library to provide a sufficient level of library facilities. The FARM will provide state of the art internet connection capabilities to allow residents access to information. Public Services and Utilities Goal 6: Provide sufficient levels of water and sewer service. Policies: 6.1: Provide sufficient levels of water and sewer service to meet the needs of the community. Consistency Discussion: The FARM Specific Plan is located adjacent to water and sewer infrastructure to support its development. Section III of The FARM Specific Plan provides detailed information with respect to on-site water and sewer system provisions for the project. Detailed infrastructure improvements will be part of the subsequent development applications. Public Services and Utilities Goal 7: Work effectively with providers of natural gas, electricity, telephone, cable television and solid waste disposal to provide sufficient levels of these services. Policies: 7.1: Work closely with providers of energy, communications and solid waste disposal in determining and meeting the needs of the community for energy, communications and solid waste disposal. 7.2: Encourage energy efficient development. 7.3: Encourage the expansion of telecommunications capabilities to promote economic development of the community. 7.4: Reduce the per capita production of solid waste in San Juan Capistrano in concert with the City's Source Reduction and Recycling Element. Consistency Discussion: The FARM Specific Plan will achieve a 50 percent diversion rate of all disposable material. The residential buildings will exceed all Title 24 energy efficiency standards. Energy efficient measures will include energy efficient lamp technologies which will be implemented on interior and exterior lights. FLOODPLAIN MANAGEMENT ELEMENT Floodplain Management Goal l: Protect life and property from floodwaters. Policies: 1.1: Limit development within the floodplain to minimize risks to life and property and satisfy the flood insurance and other requirements of the Federal Emergency Management Agency (FEMA). 1.2: Prevent the placement of unauthorized fill material in creeks and floodplains in order to avoid alteration of flow characteristics and bridge scour. 1.3: Construct new flood protection improvements where determined necessary by the City, County and Army Corps of Engineers. 1.4: Improve existing bridges to improve the flow of the associated streams. Consistency Discussion: The FARM Specific Plan Area is not located within a floodplain. In accordance with the initial Water Quality Management Plan described in Chapter III of The FARM Specific Plan, all water collected in the storm drain system as a result of implementation of The FARM Specific Plan will be filtered onsite using natural and mechanical methods. The storm drain system has been designed to ensure the City storm drain system receives no additional impact as a result of the development of up to 180 residential homes. Floodplain Management Goal 2: Preserve and enhance the natural character of the creeks and their floodplains. Policies: 2.1: Use environmentally sensitive treatments where creek improvements are necessary to preserve wetlands. 2.2: Enhance and/or restore the creeks and their floodplains as part of private development projects and public works projects. 2.3: Flood protection improvements for stream banks are encouraged to use linings such as soil, cement, "armorflex", earth covered rip rap, or other environmentally sensitive treatments that provide effective and durable flood protection. Consistency Discussion: ...._......... The FARM Specific Plan Area is not located within a floodplain. Implementation of The FARM Specific Plan will not interfere with the City's efforts to preserve and enhance the natural character of the creeks and their floodplains. Floodplain Management Goal 3: Preserve and enhance recreational opportunities and amenities provided by the creeks and their floodplains. Policies: 3.1: Preserve existing park and recreational land uses adjacent to all creeks. 3.2: Construct bicycle and equestrian trails along all of the creeks, and include underpasses for the trails beneath bridges, as well as safe trails on bridges. Consistency Discussion: The FARM Specific Plan Area is not located within a floodplain. Nor is it located adjacent to creekside park and recreational land uses. Implementation of The FARM Specific Plan will not interfere with the City's efforts and enhance recreational opportunities and amenities provided by the creeks and their floodplains.