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05-0719_ADVANCED GROUP 99SJ_E1_Agenda Report7/19/2005 E1 SUPPLEMENTARY AGENDA REPORT TO: Dave Adams, City Manager FROM: Molly Bogh, Planning Director SUBJECT: Development Agreement for Vesting Tentative Tract Map (TTM) 14343, San Juan Meadows; a development agreement for an approved tentative tract map to develop 275 single-family detached lots and a parcel for future senior housing development on a 135.63 acre parcel located along the south side of La Novia Avenue and about 300 feet east of Valle Road (APN# 666-311-02, 03 & 4)(Applicant: Advanced Group 99-SJ)(Project Mgr: William Ramsey, AICP, Principal Planner) RECOMMENDATION Open the public hearing, receive public testimony, close the public hearing; and by motion, following reading of the title of the Ordinance by the City Clerk, approve first reading and introduction of an ordinance approving the Development Agreement for the San Juan Meadows project. SITUATION A. SUMMARY AND RECOMMENDATION On Tuesday, July 12, the Planning Commission reviewed the proposed Development Agreement for this project, submitted by Advanced Group 99 -SJ for Vesting Tentative Tract Map (VTTM) 14343. The Commission recommended that the Agreement include several provisions to provide for Planning Commission and/or Design Review Committee review of grading, landscape, and subdivision improvement plans to assure project consistency with the City's Architectural Design Guidelines. Staff concurs and has included those recommended provisions as Section 2.9 in the amended Development Agreement provided as an exhibit to the attached ordinance (see Attachment 1, Ordinance Approving the Development Agreement for the "San Juan Meadows" Property). In addition, staff has been asked to provide additional information on the following issues: 1) Timing of Construction of Required Street Improvements. Vesting Tentative Tract Map (VTTM) 14343 was approved by the City Council on February 17, 1998 (see Attachment 2, City Council Resolution 98-2-17-3). The resolution establishes the project's requirements. With respect to the timing and Supplementary Agenda Report Page 2 July 19, 2005 extent of traffic improvements, the project is required to construct the following off-site and on-site street improvements prior to issuance of any building permits: • Prior to issuance of any building permit, realign by reconstruction, and signalize the intersection of I-5/Valle Road/La Novia Avenue. • Prior to issuance of any building permit, widen La Novia Avenue to a 4 - lane "secondary arterial" standard along the project frontage between Valle Road and the Glendale Federal Planned Community (Lomas San Juan). • Prior to issuance of any building permit, construct "Street A" to a "commuter arterial" standard from the Pacifica San Juan project to La Novia Avenue. • Prior to issuance of any building permit, widen Valle Road to a "commuter arterial" between La Novia Avenue and San Juan Creek Road. 2) Inclusionary Housing Requirements. The Forster Canyon Comprehensive Development Plan (CDP 81-01) establishes the project's affordable housing requirements. The "Meadows" site includes a "SH" (senior housing) zoned parcel for the development of up to 165 dwelling units. The CDP's standards for the "SH" Zone District require that at least 20% of total units are designated for "low income" households; and at least 10% of total units are designated for "very -low income" households per the General Plan Housing Element for not less than 30 years from construction for persons aged 55 years or older. Consequently, the project requires that at least 50 of the 165 dwelling units be "affordable." The level of affordability is comparable to the City's density bonus provisions, but exceeds the 15% level of affordability established by the State's density bonus law (Senate Bill 1818). 3) Requirement to Pay Current Fees. In terms of transportation impact fees, the proposed Development Agreement provides that the project will pay all City impact and service fees, including Capistrano Circulation Fee Program (CCFP) fees, in effect at such time the fee is payable. Consequently, the project's current vesting with respect to impact fees has been eliminated. Open the public hearing, receive public testimony, close the public hearing; and by motion, following reading of the title of the Ordinance by the City Clerk, approve first reading and introduction of an ordinance approving the Development Agreement for the San Juan Meadows project. Supplementary Agenda Report Page 3 Respectfully submitted, l ,Molly Bogh Planning Director July 19, 2005 Prepared by, William A. Ramsey, AICP Principal Planner Attachments: 1, Ordinance Approving the Development Agreement for the "San Juan Meadows" Property. 2, City Council Resolution 98-2-17-3. PAPlanning\Archive\TTM PROJECTS\T16221-DevAgree-Honeyman\t16221-DevAgree-PCai-2004nov23-final.doc ORDINANCE NO. xxx AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE SAN JUAN MEADOWS (ADVANCED GROUP SJ-99)(APN: 666-311-02, 03 & 4) The City Council of the City of San Juan Capistrano hereby ordains as follows: SECTION 1. Recitals & Findings 1. Advanced Group SJ -99 has requested approval of a Development Agreement with the City of San Juan Capistrano for an approved tentative tract map on a 135.63 acre parcel located along the south side of La Novia Avenue and 300 feet east of Valle Road (APN# 666-311-02, 03 & 4); and, 2. On February 17, 1998, the City Council adopted Resolution 98-2-17-3 conditionally approving Revised Tentative Tract Map 14343, San Juan Meadows for an approved tentative tract map to develop 275 single-family detached (SFD) lots and 165 affordable senior dwelling units on a 135.63 acre parcel located along the south side of La Novia Avenue and about 300 feet east of Valle Road; and, 3. On July 21, 1992 the City Council adopted Resolution 92-7-21-5 certifying a Final Environmental Impact Report for Tentative Tract Map (TTM) 14343, San Juan Meadows; and on February 17, 1998, the City Council adopted Resolution 98-2- 17-1 certifying a Mitigated Negative Declaration (MND) for Revised Tentative Tract Map 14343, San Juan Meadows, and all project -related impacts have been previously disclosed and adequately mitigated, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, 4. The Planning Commission conducted a duly -noticed public hearing on July 12, 2005 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project; and, 5. The City Council conducted a duly -noticed public hearing on Tuesday, July 19, 2005 to consider the proposed Development Agreement; and, 6. The City Council finds that the development agreement is appropriate because of the public benefits associated with the proposed project and because the closure of the Old Forster Canyon Landfill and the required landslide stabilization require State Agency review and necessitating substantial additional processing time; and, 1 ATTACHMENT 7. The City Council finds that the development General Plan and Title 9, Land Use Code and adoption of this ordinance have been met. SECTION 2. Amendment. agreement is consistent with the that all legal prerequisites to the Pursuant to Government Code sections 65864 et seq.,,the City Council does hereby approve and adopt the "DEVELOPMENT AGREEMENT' by and between the City of San Juan Capistrano ("City") and Advanced Group 99SJ, a California limited partnership, which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. 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 2nd day of August, 2005. ATTEST: MARGARET R. MONAHAN. CITY CLERK PAPlanning\ArcNve\TTM PROJECTS\T16221-DevAgree-Honeyman\116221-DevAgree-ordinance.doc Recording Requested By And When Recorded Return to: Meg Monahan City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 [Exempt From Recording Fees-G.C. 6103] DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is made this day of , 2005, by and between the City of San Juan Capistrano ("City") and Advanced Group 99SJ, a California limited partnership ("Developer"). The City and Developer are also referred to as "Parties" and individually as"Party". RECITALS Whereas, Developer owns in fee simple title approximately 135.63 acres of real property north of the I-5 Freeway surrounding an inactive landfill. The stated parcels are described in Exhibit A-1 and are collectively referred to herein as the "Subject Property'; and Whereas, the inactive landfill has not been the subject of a closure plan and presents a health and safety risk to the citizens of San Juan Capistrano; and Whereas, the Parties agree that this Agreement will promote and encourage the development of the Subject Property by providing the Developer, and its successors, assigns, and lenders, with.a greater degree of certainty as to the Developer's ability to complete the Project, and that the 'considetation to be received by the City pursuant to this Agreement, including but not limited to the proper closure of the inactive Forster Canyon Landfill, future extension of Street `'A", and the payment of current fees to the City constitute sufficient consideration to support the covenants and agreements of the Parties; and Whereas, City has found that this Agreement and the development of the Subject Property as provided in tW-Agreement is consistent with the General Plan of the City; and Whereas, the City has previously reviewed Vesting Tentative Tract Map (TTM) 14343 in accordance with the California Environmental Quality Act (1970) and the City Council certified a Final Environmental Impact Report (EIR) on July 21, 1992 and approved a Mitigated Negative Declaration (MND) on February 17, 1998. The Environmental Administrator has determined that all project impacts have been addressed by those actions and no further environmental review is necessary. NOW, THEREFORE, City and Developer mutually agree as follows: ver2005-7-12 ARTICLE 1. GENERAL PROVISIONS 1.1 Ownership of the Property. The City and Developer acknowledge and agree that Developer has the requisite legal or equitable interest in the Subject Property, and thus, Developer is qualified to enter into and be a party to this Agreement in accordance with Government Code section 65865(b). 1.2 Assignment of Rights. Developer shall be permitted to assign or otherwise transfer this Agreement, and its rights and obligations hereunder, to any other person, firm or entity, but only if the prior written consent of the City or the City's delegate is obtained. Such consent of the City shall not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Developer or its successors in interest may assignor otherwise transfer this Agreement and its rights and obligations hereunder to any, entity or ett" owned or controlled either directly or indirectly by Developer (each such entity being a "Permitted Transferee"). Assignments or transfers of the Agreement, or rights or obligations thereunder, to a Permitted Transferee do not require the prior written consent of the City. As used in this subsection "owned or controlled by" means an entity in which Developerhas either a direct or indirect equitable or beneficial ownership interest equal to at least 25%. The provisions of this Agreement shall be binding upon and shall inure to the bit of the Parties and their respective successors and assigns. To the extent of the interest of the Developer, and its assigns, in the Subject Property, the covenants of Developer"Wt forth in this Agreement shall be covenants running with the land and enforceable to the.full extent permittedby applicable law. 1.3 Release Upon Transfer. With respect to any permitted assignment pursuant to the provisions of Section 1.2, City shall release Developer from its obligations under this Agreement and any other agreements or undertakings pertaining to the transferred portion of the Project, and release torDeveloper any bonds or other security posted to secure obligations under such agreements or undertakings, provided the transferee expressly assumes the obligations under such agreements and substitutes bonds or other security acceptable to City in place of the security to be released. 1.4 Term. Unless otherwise terminated as provided in this Agreement or otherwise provided, .this Agreement shall continue in full force and effect for a period of five (5) years from its effectivd:date. At Developer's request by written notice to City, City may, at the City's sole discretion, extend this Agreement for an additional two (2) years if the Closure Plan has not been approved by the State and the City, provided Developer is not in default under the terms of this Agreement at the time of the requested extension. 1.5 Termination of Agreement with Respect to Individual Lots Upon Sale to Public and Completion of Construction. The restrictions on transfers in Section 1.2 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement to the contrary, this Agreement shall automatically 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: ver2005-7-12 2 (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 or the final inspection has been approved for a building on the lot. 1.6 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit A-1 - Legal Description of the Property Exhibit A-2 - Vesting Tentative Map 14343 ARTICLE 2. DEVELOPMENT OF THE PROPERTY 2.1 Vested Right to Develop. Pursuant to Government Code sections 65865.4 and 65866, Developer is obtaining vested rights to develop the Subject Property in accordance with the General Plan, zoning, rules, regulations, and official policies in force at the time of the approval of Vesting Tentative Map No. 143434 as vested by Vesting Tentative Map No. 14343, approved on February 17, 1998, a copy of which is attached as Exhibit A-1, (the "Vesting Map") and the terms of this Agreement (collectively the "Applicable Land Use Regulations"). Unless amended or terminated in the manner specified in this Agreement (and subject to the provisions of this Agreement), Developer shall have the rights and benefits afforded by this Agreement and this Agreement shall be enforceable by Developer and the City notwithstanding any growth control measure or any development moratorium adopted after the Execution Date, or any change in applicable general or specific plans, zoning, or subdivision regulation adopted by the City which alter or amend the City's GeneralPlan or Zoning Code or effect a change to City policies that prevent or materially adversely affect development of the Project as contemplated by thisAgreementand the Vesting Map. Developer agrees to comply with all conditions of approval imposed on the project through City's approval of the Vesting Map except as modified by this Agreement. 2.2 Permitted Uses. Unless otherwise provided by this Agreement, the land use rules, regulations and official policies governing the permitted uses of the Subject Property, governing density, design, improvement, and construction standards and specifications, applicable to development of the property shall be the Applicable Land Use Regulations. Pursuant to Government Code section 65866, the City in subsequent land use actions applicable to the Property may apply new rules, regulations, and policies which do not conflict with the Applicable Land Use Regulations. 2.3 Future Developer Requested Land Uses Changes. Developer may request but shall not be entitled to any change, modification, revision or alteration in Applicable Land Use Regulations. Any change in the Applicable Land Use Regulations shall be subject to review and approval by the City in accordance with the San Juan Capistrano Municipal Code (the "Municipal Code") requirements as they relate to modification of such land use entitlement ver2005-7-12 3 requirements. City and Developer agree that any change in the Applicable Land Use Regulations approved by City and Developer shall be incorporated into the terms of this Agreement by and amendment to this Agreement. 2.4 Tentative Tract Map Extension. Pursuant to the provisions of Government Code Section 66452.6, the Vesting Map and any subsequent tentative subdivision map or tentative parcel map approved in connection with development of the Subject Property is hereby granted an extension of time for a period equal to the term of this Agreement. Developer shall be entitled to record a final subdivision map that is in substantial compliance with the Vesting Map which final map application is complete and filed prior to the termination of this Agreement. 2.5 Developer's Obligation to Pay Current Impact and Service Fees. Subject to any fee credits provided by the terms of the Municipal Code, Developer shall pay to City any applicable public facilities impact mitigation and service fees in effect at such time as the fees are due. 2.6 Future Voter Actions. Notwithstanding any other provision of this Agreement to the contrary, any general plan amendment, zoning ordinance or regulation, or any other law, policy, or procedure adopted by the voters of the City after the Execution Date of this Agreement shall not apply, in whole or in part, to the Subject Property, unless such voter approved amendments expressly further the development of the Subject Property. Additionally, because the Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465 that the failure of the parties therein to provide for the timing of development permitted a later enacted ordinance restricting the timing of development, it is the intent of the Developer and the City to hereby acknowledge and prole a right for the Developer to develop the Project in such an order and at such rate and time aB Developer deems appropriate within the exercise of its sole and subjective business judgmem,pursuant to the Applicable Land Use Regulations. 2.7 Reservation of Authority/Exceptions. Notwithstanding any other provision of this Agreement, the following additional subsequent land use regulations shall apply to the development of the Subject Property: (a) Processing fees and charges of every, kind and nature imposed or enacted by the City te;cover the estimated actual costs to the City of processing applications for land use approvals or for monitoring compliance with applicable land use approvals; (b) Procedural regulations consistent with this Agreement relating to hearing bodies, applications, notices, findings, records, hearing, reports, recommendations, appeals and any other matter of procedure; (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, or Dangerous Building Code. ver2005-7-12 4 (d) Regulations that are in conflict with Developer's project provided Developer has given written consent to the application of such regulations to the Subject Property. (e) Federal, state, county, and multi jurisdictional laws and regulations which the City is required to enforce as against the Subject Property or development of the Subject Property. (f) Sewer and water connection fees which would ordinarily be required to be paid by Developer, subject to the provisions of Section 2.5. (g) Regulations that do not apply to the deveiopmeut of the Subject Property but to future potential temporary uses such as temporary we permits. 2.8 Modification or Suspension by Federal, State, County, or Multi - Jurisdictional law. In the event that federal, state, county, or multi jurisdictional 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 federal, state, county, or multi - jurisdictional laws or regulations, and this; Agreement shall remain in full force and effect to the extent it is not inconsistent with sub[, -laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical tit enforce. 2.9 Additional Developer Requirements. Developer shall comply with the following provisions: (a) Final design plans for the following design elements shall be subject to Design Review Committee review and approval prior to approval of any Final Map: 1. Landscape plans for the La Novia Avenue and Street "A" streetscapes and for the project entries. 2. Pedestrian pathways connecting the ends of cul-de-sacs to the planned private park, where feasible. 3. Gate -guarded entry designs including gates, walls, control boxes, pavement, and related improvements. 4. Landscaping on manufactured slopes in excess of 8'-0" which are subject to Homeowners Association maintenance. All retaining walls exceeding a height of 6'-0" measured from finished grade. The final trail alignment for the proposed General Plan equestrian trial connecting the City's open space lands through the site to La Novia Avenue. ver2005-7-12 7. The final improvement plans for the required private park designated as Parcel 14A on Revised Tentative Tract Map (TTM) 14343. 8. The final improvement plan for the required recreational vehicle storage area including access, paving, fencing, lighting, and landscaping. (b) The geotechnical stability plan and overall grading plan for the Tentative Tract Map (TTM) shall be subject to Planning Commission review and recommendation. (c) Any changes to the trail alignment for the proposed General Plan equestrian trial connecting the City's open space lands through the site to La Novia Avenue shall be subject to review by the Parks, Recreation, & Equestrian Commission. (d) The required widening of Valle Road between La Novia Avenue and San Juan Creek Road shall be to "secondary arterial" standards. ARTICLE 3. REVIEW FOR COMPLIANCE 3.1 Periodic Review. The Cttyzp-auncil shall review this Agreement annually, on or before the anniversary of the Effective t we, in -order to ascertain the good faith compliance by Developer, with the terms of the Agreement. As part of that revhw, Developer shall submit an annual monitoring review statement describing its actions in compliance with the Agreement, in a form acceptable to the City Manager or his/her authorized designee, within thirty (30) days after each anniversary date of the Effective Date of this Agreement. The statement shall be accompanied by an annual review fee as specified in the City's adopted fee resolution. No failure on the part of the City to conduct or complete the review as provided herein shall have any impact on the validity, of this-Agreentent. 3.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at City's sole cost. Developer shall cooperate with the City in the conduct of such special reviews. 3.3 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of is position on such matters. 3.3.1 If on the basis of the Parties' review of any terms of the Agreement, either Party concludes that the other Party has not complied in good faith with the terms of the Agreement, then such Party may issue a written "Notice of Non -Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. 3.3.2 The Party receiving a Notice of Non -Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Compliance, or if such cure or remedy is not reasonably capable of being cured or remedied with such thirty (30) days ver2005-7-12 period, to commence to cure or remedy the non-compliance and to diligently and in good faith prosecute such cure or remedy to completion. 3.3.3 If the Party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice, it shall do so by responding in writing to said Notice within ten (10) calendar days after receipt of the Notice. 3.3.4 If the response to the Notice of Non -Compliance has not been received in the offices of the Party alleging the non-compliance within the prescribed time period, the Notice of Non -Compliance shall be presumed to be valid unless good cause exists for not responding within the time period. 3.3.5 If a Notice of Non -Compliance is contested;. the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event that a cure or remedy is not timely effected or, if the Notice is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s);by the end of the fifteen (15) day period, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 3.4 of this Agreement. 3.3.6 Neither Party hereto shall be deemed in breach if the reason for noncompliance is due to a "force majeure" as defined in, and subject to the provisions of Section 9.7 below. 3.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, Developer is found, to be in compliance with this Agreement, City shall, upon request by Develo i,issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Council that(l) this Agreement remains in effect and that (2) Developer is in compliance. The Certificate, whether issued after a Periodic or Special Review, may be in recordable: farm if required, shall contain information necessary to communicate constructive record not`r - of the -'-ceding of compliance, and shall state that the Certificate expires upon the earlier of (i) one (1) year form the date thereof, or (ii) the date of recordation of a Notice of Termination of Development Agreement. Additionally, Developer may at any time request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Subject Property, or any lot or parcel within the Subject Iiroperty. "Developer may record the Certificate with the County Recorder. If City does not expressly issue a Certificate, or expressly decline to issue a Certificate within 15 calendar days of after the conclusion of the periodic or special review, a Certificate shall be deemed to have been provided to Developer. ARTICLE 4. TERMINATION/DEFAULT AND REMEDIES 4.1 Termination for Default by Developer. The City may terminate this Agreement for any failure of Developer to perform any of its material duties or obligations hereunder to comply in good faith with the terms of this Agreement (hereinafter referred to as "default' or ver2005a-12 7 "breach"); provided, however, the City may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 4.3. 4.2 Termination of Agreement for Default of City. Developer may terminate this Agreement pursuant to this Section only after following the procedure set forth in Section 3.3 and thereafter providing written notice by Developer to the City of the default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the failure of the City to cure such default within thirty (30) days after the effective date of such notice or, in the event that such default cannot be cured within such thirty (30) day period, the failure of the City to commence to cure such default within such thirty (30) day period and to diligently proceed to complete such actions and to cure such default. 4.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) anymaterial default in the performance of the provisions of this .Agreement which has occurred prior to said termination. 4.4 Dispute Resolution by Binding Arbitration, Subject to the notice of default and opportunity to cure provisions provided.- herein, all disputesx claims, and questions regarding the rights and obligations of the Parties under the terms of this- Agreement shall be resolved by binding arbitration. In case of a dispute, either party may make a demand for Arbitration by filing such demand in writing with the other party within ten (10) days after the notice of default and cure process has been,exhausted. The arbitrator shall be mutually selected by the Parties. In the event that the Parties cannot agree on an arbitrator within ten (10) days, then one or both Parties shall file a written request with the Judicial Arbitration and Mediation Service ("JAMS") for a list of nine (9) potential arbitrators. Upon receipt of such list, the Parties shall promptly conduct a strike -off of unacceptable names. A coin toss shall be initially conducted to determine which Party shall strike off the first name. Once the arbitrator is chosen, the Parties immediately shall forthwith request JAMS to set an arbitration hearing not later than 120 days from date of the arbitration request. Costs of the arbitration proceeding shall be shared equally. 4.5 Surety Bond. Nothing in this Article shall prevent City from making a demand on the surety bond for untimely performance of the traffic mitigation measures set forth by the City Council's approval of Exhibit A-2, Vesting Tentative Tract 14343, provided the provisions of Section 3.3 have been complied with. ARTICLE 5. THIRD PARTY LITIGATION The City shall promptly notify Developer of any claim, action, or proceeding filed and served against the City to challenge, set aside, void, annul, limit or restrict the approval and continued implementation and enforcement of this Agreement. Developer agrees to fully defend ver2005-7-12 8 and indemnify the City for all costs of defense and/or judgment obtained in any such action or proceeding. Developer shall assume the obligation of providing a legal defense in such litigation, including the choice of defense legal counsel, unless otherwise provided for by mutual stipulation of the Parties. ARTICLE 6. MORTGAGEE PROTECTION 6.1 The Parties hereto agree that this Agreement shall not prevent or limit Developer in any manner, at Developer's sole discretion, from encumbering the Subject, 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 Subject Property. -The 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 Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification provided the City determine such interpretation or modification is consistent wit the intent and purposes of this Agreement. 6.2 Any Mortgagee of the Subject 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 Subject Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagc-p any mortgage or deed of trust encumbering the Subject Property, or any part th ;of, which Mortgagee has submitted a request in writing to the City in the manner specified heruiri fqr -giving notices, shall be entitle to receive written notification from the City of any default by Developer in the performance of Developer's obligations under this Agreement. (c) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Developer. The Mortgagee shall have the right, but not the obligation, to cure the default during the period that is the longer of (i) the remaining cure period allowed such Party under -this Agreement or (ii) thirty (30) days. (d) Any Mortgagee who comes in to possession of the Subject 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 Subject Property, or party 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 Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by the City, the performance thereof shall ver2005-7-12 9 continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Property acquired by such Mortgagee by foreclosure, deed of trust or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Plan applicable to the Subject Property or such part thereof so acquired by the Mortgagee. ARTICLE 7. INSURANCE Developer shall submit within 30 days from date of adoption of the ordinance approving this Development Agreement to the City duplicate originals of policies and endorsements, or appropriate certificates of insurance, of public liability insurance and broad form property damage insurance policies in the amount of not less than Two Million Dollars ($2,000,000), combined single limits, for death and injury to any person and property damage, naming the City and its officers, officials, employees, agents, and representatives as additional insureds, and in addition all such insurance: (a) shall be primary insurance and not contributory with any other insurance the City or its officers, officials, employees, agents, and representatives may have; (b) shall contain no special limitations on the scope of protection affordable to the City and its officers, officials, employees, agents, and representatives; (c) shall be "date of occurrence" and not "claims -made" insurance; (d) shall apply separately to wh insured against whom claim is made or suit is brought, except with the respect to the limits Of the insurer's liability; (e) shall provide that the policy shall not be canceled by the insurer or Developer unless there is a minimum of ninety (90) days prior written notice to the City; (f) shall be endorsed to include a waiver of subrogation rights against the City or its gffiicers, Officials, employees, agents, and representatives; and (g) shall otherwise be in a form acceptable to the Office of the City Attorney. ARTICLE $. INDEMNITY Developer agrees to and shall indemnify, defend, and hold harmless the City and the City's officers, officials, members, employees, agents, and representatives, from and against any and all claims, liabilities, damages, and losses, including without limitation reasonable attorneys' fees and litigation expenses, including court, courts and expert witness fees (collectively, "Claims") arising out of City's approval of land use entitlements for Developer's project and this development agreement; or due to the death or personal injury of any person, or physical damage to any person's real or personal property, caused by construction of improvements by, or construction -related activities of, Developer or Developer's employees, agents, representatives, servants, invitees, consultants, contractors, or subcontractors (collectively, "Developer's Representatives") on the Subject Property, or for any construction defects in any improvements constructed by Developer or Developer's Representatives on the Subject Property; provided, ver2005-7-12 10 however, that Developer shall not be required to indemnify the City for any and all misconduct of the City, or the City's officers, officials, members, employees, agents, or representatives, subject to any immunities which may apply to the City with respect to such Claims. The foregoing indemnification provision shall survive the termination of this Agreement. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evidence of any such representations, und€€standitj. or covenants shall be admissible in any proceeding of any kind or nature to interpret ortermine the terms or conditions of this Agreement. 9.2 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the, remaining provisions contained within the Agreement. The Parties hereby state and acknowledge they would hoo , adopted each and every provision contained within this Agreement notwithstanding the presc-nce.of an invalid provision. 9.3 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, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of the City shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.5 Waiver. Failure of 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 laity, 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. 9.6 No Third Party Beneficiaries, This Agreement is made an entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.7 Force Majeure. Upon the Effective Date of this Agreement, 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 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), court actions (such as restraining orders or injunctions), or other causes of a similar nature beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such ver2005-7-12 11 event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 9.8 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. 9.9 Litigation Expenses. In the event of any action between the City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees. 9.10 Covenant Not to Sue. The Parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The Parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other Party to this Agreement, in law or in:equityi or based on an allegation, or assert in any such action that this Agreement or any term he is void, invalid, or unenforceable under the Development Agreement legislation. 9.11 Project as a Private Undertaking:: -_3t is specifically understood and agreed by and between the Parties that the Development of the Subject 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 the City and Developer is that of a government entity regulating the Development of: private property, on the one hand, and the holder of a legal or equitable interest in such property and as a current or future holder of fee title to such property, on the other hand. 9.12 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, with acknowledgment or affidavit if reasonably required, 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. The provisions of this Section shall not require the taking of any actions which are prohibited by law or, except as expressly set forth in this Agreement, impair the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City. 9.13 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party are duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and ver2005-7-12 12 (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. 9.14 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano 92675 Attn: City Manager Facsimile: (949) 488-3874 To Developer: Advanced Group 99 -SJ 22974 Toro Road Lake Forest, CA 92630 Facsimile: (949) 595-5901 Copy to: Manatt, Phelps and Phillips, LLP 695 Town Center Drive, 14th Floor Costa Mesa, CA 02620 Attn. Roger A. Grabte, Esq. Facsimile: (714) 371-2537 9.15 Non -liability, of City Officials. No officer, official, member, employee, agent, or representatives„ofthe City'shall be liable for any amounts due hereunder, and no judgment or execution thereon entbrgd in any „action hereon shall be personally enforced against any such officer, official, member,: employee,'agent, or representative. 9.16 Time of the Essence. The Parties expressly acknowledge and that time is of the essence in the performance of the provisions of this Agreement. 9.17 Execution Date. The Execution Date of this Agreement is that date on which all parties have executed this Agreement. 9.18 Effective Date/Condition Subsequent. This Agreement shall not go into effect until the earlier of the occurring of the following: (a) 5 days following the lapsing of any and all statutes of limitation applicable to any legal challenge to this Agreement, and to any and all environmental impact reports prepared in connection with this Agreement, or (b) 5 days following the entry of a final, non -appealable judgment in any action challenging this Agreement, and any and all environmental impact reports prepared in connection with this Agreement. ver2oo5-7-12 13 9.19 Survival Clause. Notwithstanding Section 1.4 of this Agreement, Section 2.5, Developer's Obligation to Pay Current Impact and Service Fee and Section 2.7, Reservation of Authority/Exceptions shall survive the termination of this Agreement for a period of 20 years. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above. City: CITY OF SAN JUAN CAPISTRANO By: Wyatt Hart, Mayor, City of San Juan Capistrano Attest: By: Meg Monahan, City Clerk APPROVE AS TO FORM: John Shaw, City Attorney ADVANCED GROUP 99 -SJ, a California limited partnership By: General Partner ver2005-7-12 14 STATE OF CALIFORNIA SS. COUNTY OF ) On 2005, before , a Notary Public, personally appeared , personally known to me -OR- [ ] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature of Notary ver2005-7-12 15 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On 2005 before me, Margaret R. Monahan, City Clerk, personally appeared personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signers Mayor Title Signers are Representing City of San Juan Capistrano Witness my -band and official seal. Margaret R. Manahan, City Clerk OPTIONAL Description of Attached Document Development Agreement Exhibit A-1 Legal Description That portion of Lot 5, in the City of San Juan Capistrano, County of Orange, State of California, as shown on a map filed in book 4, page(s) 15, of Record of Surveys, in the office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Lot 5; thence North 64°03'45" West 495.51 feet along the Southwesterly line of said Lot 5, to the most Easterly corner of land described as Parcel 3 in a deed to Edward J. Guirado and wife, recorded April 17, 1950 in book 1999 page 443, Official Records; thence North 22'03'10" West 1386,08 feet along the Northeasterly line of said land of Edward J. Guirado, to an angle point designated Station `B" in the Southeasterly line of land described as Parcel 1 in a deed to Rosenbaum Ranch Co., a Partnership, recorded December 30, 1947 in book 1613, page 219, Official Records; thence, along the Southeasterly and Easterly line of said Land of the Rosenbaum Ranch Co., the following bearings and distances North 4598700" East 576.30 feet, North 4°07'00" East 267.60 feet, North 24°05'00" East 357.47 feet, North 80026'10" East 233.10 feet, North 10°53'00" West 438.90 feet to the Northwesterly line of said Lot 5; thence North 54050'00" East 450.00 feet along said Northwesterly line to an angle point therein; thence North 0°50'00" East 500.73 feet to an angle point in flip Southwesterly line of land described as Parcel 3 in a Deed to Howard L. Krum and wife, recorded November 26; T941 in Book 1120 page 253, Official Records, said point being South 0050'00" West 22.00 feet from the Southwest corner of Lot 2 of said Record of Survey above described; thence, along the Southwesterly line of said land of Howard L. Krum, the following bearings and distances: South 42033'30" East 1408.90 feet, South 66025'00" East 991.16 feet to the Easterly line of said Lot 5; thence along the Easterly and Southeasterly line of said Lot 5, the following bearings and distances: South 10°05'00" West 536.74 feet, South 23°33'00" East 1047.15 feet, South 78°55'00" West 1565.79 feet, South 89°43'00" West 486.00 feet, South 31°35'00" West 621.05 feet to the point of beginning. EXCEPT THEREFROM the following: Beginning at a point of intersection of that certain course in the Westerly line and that certain course in the Northeasterly line, described as having bearings of North 0050' East and South 42°33'30" East, respectively, in Parcel 1 of deed recorded in book 1603, page 295, Official Records, in the office of the County Recorder of said County; thence, along said Northeasterly line, South 41049'07" East 51.18 feet to the point of intersection with a curve concave, northerly, having a radius of 150 feet, at which point a tangent bears North 77°02'03" West; thence Northwesterly along said curve, through an angle of 14011'56", an arc distance of 37.17 feet to said Westerly line; thence , along said Westerly line, North 1°34'23" East 25.43 feet to the point of beginning. Exhibit A-2 Vesting Tentative Tract Map 14343 RESOLUTION NO. 98-2-17-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REVISED SUBDIVISION TRACT MAP AND SUBDIVISION EXCEPTION FOR A 136 -ACRE PARCEL LOCATED ALONG LA NOVIA AVENUE AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 666-311-01, -02 AND -03 (SAN JUAN MEADOWS) WHEREAS, San Juan Meadows L.P. has requested approval of a revised tentative tract map to create two -hundred and seventy-five (275) single family detached dwellings, one - hundred and sixty-five (165) senior housing units, a dedicated public use site of 1.86 acres along Street "A", and approximately 70.2 acres of open area on an existing 135.63 acre site; and, WHEREAS, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, WHEREAS, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA); has issued a mitigated negative declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental Review Guidelines; has included any applicable mitigation measures herein as conditions of approval, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA) ; and, WHEREAS, the Transportation Commission conducted a duly noticed public meeting on March 12, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended conditional approval and all conditions have been included herein; and, WHEREAS, the Parks, Recreation, and Equestrian Trails Commission conducted duly noticed public meetings on May and June, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended conditional approval and all conditions have been included herein; and, WHEREAS, the Planning Commission conducted duly noticed public hearings on September 23, and October 14, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended certification of the mitigated negative declaration. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: ATTACHMENT I . The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element, Open Space and Conservation Element, Circulation Element, Parks and Recreation Element, Noise Element, Public Safety Element and Public Facilities Element because the project: a.) includes residential development consistent with the General Plan's residential land use designations for the site, dedicates a 7.4 acre public use site and, preserves areas designated as open space by the General Plan; and, b.) provides a combination of general open space and recreation open space which comprises approximately 46% of the total site area whereas the Open Space and Conservation Element establishes a community wide goal of 30% open space; and, c.) includes provisions for widening La Novia Avenue to its ultimate width, extending Forster Canyon Drive between the Pacific Point site and La Novia Avenue, and with proposed mitigation measures and conditions of approval mitigates all project - related and cumulative traffic impacts associated with the project; and, d.) provides private recreation amenities consistent with the open space subdivision requirements of the Land Use Code, and will provide in -lieu park fees consistent with the Code to fund necessary improvements at General Plan -designated community parks within the City; and, e.) is required to provide appropriate noise attenuation for development along La Novia Avenue to protect future residents from traffic -related noise impacts; and, f ) include provisions to re -close Forster Canyon Landfill consistent with State of California legislation administered by the California Integrated Waste Management Board, and will include methane and leachate control systems to protect the health and safety of future residents; and, g.) includes provisions for participating in the construction of a new potable water reservoir to serve the project and adjoining areas consistent with the Water Facility Master Plan. 2. The proposed project complies with all applicable provisions of the Land Use Code, including Title 9, Chapter 4, Subdivisions, and specifically Sections 9-4.103, Streets, highways, and alleys; Sections 9-4.104, Driveways; Sections 9-4.105, Pedestrian ways, bridges, and tunnels; and Sections 9-4.106 Bicycle and equestrian trails subject to the mitigation measures and conditions of approval contained in this resolution. 3 The proposed subdivision exception to Section 9-4.112, Slopes to allow 1'/2: l slopes reinforced with "geogrid" whereas the Code requires a minimum 2:1 i; consistent with the purpose and intent of the Land Use Code and meets the purpose and intent of Section 9-4.112 to at least an equivalent degree. -2- BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the tentative tract map subject to the following mitigation measures and conditions of approval: �m�wws' m1111INt�1maer] "[tIMa 1.1 All grading shall be performed in accordance with the preliminary recommendations associated with Site Preparation and Corrective Grading, Fill Material and Fill Placement, Water Level Monitoring and De -watering, Foundations and Pavement, and Settlement Monitoring, Surface Landfill Drainage, and Slope Landscaping presented in the report entitled, "Summary Report of Geotechnical Evaluation - Mesa Area and Forster Canyon Landfill", unless specifically revised or amended, and in accordance with all applicable codes and requirements adopted by the City of San Juan Capistrano. 1.2 All grading shall be performed in accordance with the recommendations contained in the City's Hillside Development Guidelines, which promote natural contour grading and discourage extensive grading, re -contouring, and earth movement. 1.3 All earthwork and grading operations shall be performed under the supervision of the geotechnical consultant. 1.4 The applicant shall prepare a geotechnical grading plan review to comment on the design of footings, foundations, slopes, remedial grading, sub -drains, etc., prior to the issuance of a grading permit. 1 5 Prior to the issuance of a grading permit, the applicant shall determine the cut and fill ratio required to minimize the amount of imported or exported soil materials needed. 1.6 After removal of all unsuitable surfrcial soils, all areas receiving fill shall be scarified, moisture -conditioned, and re -compacted to a minimum 90 percent relative compaction of the appropriate laboratory density. 1.7 Cut slopes shall be designed at a 2:1 (horizontal to vertical) or flatter slope ratio. Due to on-site geotechnical conditions, all cut slopes should be stabilized with an appropriate buttress to be designed prior to grading. 1.8 Fill slopes up to 70 feet in vertical height, constructed at a gradient of 2:1 or flatter, shall be stable against deep-seated arcuate failure. Fill slopes in excess of 70 feet in vertical height shall be analyzed and designed for gross stability on a case-by-case basis prior to grading. Fill slopes constructed at a gradient steeper than 2:1 shall be reinforced with a Geogrid-type material to improve stability. Analysis and appropriate Geogrid design shall be accomplished prior to grading. -3- 1.9 In accordance with Title 9 of the San Juan Capistrano City Code, any design fill -over - cut and cut -over -fill shall be converted to fill slope. 1.10 Heavy vegetation, including brush, grasses and sparse trees shall be removed prior to fill placement. 1.11 The nature and extent of unsuitable on-site fill and buried alluvial materials shall be further examined as part of future geotechnical investigations for the Mesa area, prior to the issuance of a grading permit. 1,12 To mitigate the potential settlement of compressible soils, these materials shall either be removed prior to fill placement or compacted in place. 1.13 The applicant and contractor shall, to the satisfaction of the City, implement measures to minimize project erosion during the construction phase. Erosion control measures include, but are not limited to, the following: a. Place sand bags around the perimeter of the site prior to initial grading if grading is to be undertaken during the rainy season. b. Minimize the length of time soils lay exposed. C. Water down all exposed soils periodically. Re -vegetate graded slopes and other areas as early as possible under the direction of a licensed landscape architect. 1.14 All building plans shall be prepared and stamped by a qualified engineer to assure that new buildings will be constructed in conformance with the Uniform Building Code and City Code (i.e., specifically those standards pertaining to earthquake damage reduction). 1.15 If determined necessary by the City of San Juan Capistrano, the applicant shall submit an analysis of potential seismic effects on-site, including estimated values of peak ground motion, in accordance with accepted engineering standards. 1.16 The contractor shall stabilize the site prior to development. In order to preserve the natural slopes containing landslide debris, it is recommended that sufficient fill mass be placed in the toe area and, if necessary, the top of the slide mass be excavated. 2.0 Air 2.1 Project construction was identified as an impact area in need of careful control, particularly with respect to dust emissions and their regional PM -10 impact. The menu of recommended construction activity control measures includes: -4- a. Water site and equipment morning and evening using non -potable water resources, where available. b. Pave on-site roads as soon as possible into the construction cycle. C. Operate street sweepers on paved roads adjacent to the site. d. Reestablish ground cover on construction site through seeding and watering, if disturbed sites are to be left unconstructed for more than 90 days. e. Terminate grading and travel on unpaved surfaces if winds exceed 25 mph. f Wash off trucks leaving the site. g. Properly tune and maintain construction equipment. h. Encourage rideshare incentives for construction personnel. i. Encourage transit incentives for construction workers. j. Configure construction parking to minimize traffic interference. k. Schedule operations affecting roadways for off-peak traffic hours. 3.0 Water 3.1 Prior to issuance of the grading permit, the grading plan shall be submitted to the City Engineer for review and approval to ensure that surface runoff from the proposed project is directed away from the 1-5 Freeway. 3.2 The applicant shall provide drainage improvements as shown in the Final Closure Plan for the Forster Canyon Landfill and the Forster Canyon Comprehensive Development Plan Amendment. 3.3 All necessary drainage facilities shall be constructed to intercept, remove, convey and discharge all surface water from the land to be developed. These facilities shall include streets, catch basins, drop inlets, lined ditches, terrace drains, down drains, pipes, culverts and appurtenant structures. 3.4 All local on-site facilities shall be designed for a 25 -year storm. The lowest finish floor elevation of all habitable structures shall be a minimum of one foot above the maximum water level resulting from a 100 -year storm. •5. 3.5 The on-site storm runoff from the proposed development shall be routed to existing freeway culverts in such a manner as to not exceed the hydraulic capacity of the culverts, based on a 100 -year storm. 3.6 The design of all drainage facilities shall be reviewed and approved by the City of San Juan Capistrano to ensure that storm water runoff created by the proposed development is adequately controlled. 3.7 All drainage facility inlets and outlets shall be protected with suitable structures and linings to prevent erosion. 3.8 An erosion control plan shall be prepared and erosion control procedures followed to mitigate the effects of storm flows during the construction stage. 3.9 A Storm Water Management Plan, utilizing Best Management Practices to control/reduce the discharge of pollutants to the maximum extent practicable in order to obtain a Storm Water Discharge Permit in accordance with the National Pollution Discharge Elimination System (NPDES) shall be prepared and approved by the Director of Public Works prior to grading of the site. 4.0 Plant life 4.1 Prior to issuance of the grading permit, grading, drainage and erosion control plans shall be submitted to the City for review by a qualified biologist. The biologist will examine the plan to document the avoidance of some of the coastal sage scrub and riparian habitats on the project site. if grading is to be conducted adjacent to sensitive habitat areas, then monitoring during the construction period may be recommended. The plans would also be examined to ensure that standard engineering practices are employed to reduce excess disturbance and sedimentation during construction of the project site. 4.2 Prior to issuance of the grading permit, a coastal sage scrub mitigation plan shall be developed to compensate for the loss of 5.72 acres of coastal sage scrub habitat. This plan shall include placement of approximately 3.85 acres of on-site coastal sage scrub into a permanent open space easement and/or as a dedication to the City as an addition to the current open space area. The plan will also include the development of an on-site restoration program, as detailed in the following permit conditions. Finally, if the on-site restoration program cannot provide sufficient compensation, then an off-site compensation program, such as sponsoring weed eradication in the area of the proposed southern NCCP reserve may be proposed. 4.3 Prior to issuance of the grading permit, the applicant shall prepare an on-site coastal sage scrub creation/enhancement plan for 7.59 acres or as determined in the mitigation plan. This plan will also include provisions for the creation/ enhancement of 0.11 acre of purple needlegrass grassland. The plan will note all 0 the localities for the restoration effort and the total suitable acreage that can be developed on the project site. This plan will detail all site preparation procedures, including grading and ripping, required for this project. A planting plan will also be prepared that will note the native species proposed for the project, type of material to be used (e.g., container stock or seed), number of each speciesrequired and the installation procedures to be used for each species. The type, grade, rate and application procedure for any fertilizers, mulch or amendment to be used in the program shall be specified. An irrigation plan will be prepared if any supplemental irrigation is to be used for the project. The plan will detail the type of system to be used and the duration of the irrigation planned for the mitigation site. 4.4 Prior to issuance of the grading permit, the landscape plan shall be reviewed by the City to ensure that invasive species are excluded from the plant palette. Site plans shall be reviewed to ensure that excess illumination from exterior lighting on-site does not intrude into habitat preservation areas. The fuel modification program shall be reviewed by a qualified biologist. 4.5 Prior to issuance of the grading permit, the applicant shall prepare a detailed study for the creation of 1.2 acres of mulefat scrub on the project site (and also possibly adjacent City property). A wetland delineation, utilizing the U.S. Army Corps of Engineer's 1987 "Field Guide for Wetland Delineation" shall be conducted to verify the total area of disturbance of wetlands and/or Waters of the United States. The study will then determine the potential hydrologic modifications that may be necessary (e.g., placement of an additional check dam) for the drainage found on the eastern border of the project site to accommodate creation of the wetland. This will include an hydrology analysis to determine if there are sufficient flows within this channel to maintain the current habitat and the proposed restoration site. This study will then review the total area for mulefat scrub restoration available in this channel. 4.6 Prior to issuance of the grading permit, the applicant shall prepare a riparian creation/enhancement plan that will detail all site preparation procedures, including grading and ripping, required for this project. A planting plan will be prepared that will note the native species proposed for the project, type of material to be used (e.g., container stock or seed), number of each species required and the installation procedures to be used for each species. The type, grade, rate and application procedure for any fertilizers, mulch or amendment to be used in the program shall be specified. An irrigation plan will be prepared if any supplemental irrigation is to be used for the project. The plan should detail the type of system to be used and the duration of the irrigation planned for the mitigation site. 4.7 Prior to issuance of the grading permit, the applicant shall prepare a monitoring and maintenance plan to ensure the success of the proposed native re -vegetation project. This plan will detail the responsible parties and procedures for 7- maintaining the site. General information of the three- to five-year monitoring plan to document the success of the project shall be included in this plan. The plan will comply with all conditions and standards of the CDFG 1603 stream alteration agreement and the 10(a) permit. The plan will also include potential measures, including deed restrictions, to ensure that the land use of the site is restricted as open space only for wildlife habitat. Measures, such as bonding, to ensure completion of the mitigation program, should also be included in this plan. 4.8 Prior to issuance of the grading uermit, the applicant shall prepare a construction monitoring plan to reduce the potential of impacts into the open space areas. This plan will include the provision for "Norplex" type of fencing along the margins of the open space areas and for a biologist to ensure that no equipment staging or grading occurs in the proposed open space areas. This plan will also require gnatcatcher monitoring during the construction period to ensure that the impacts from grading noise do not adversely affect gnatcatcher reproductive behavior. 4.9 A focused flora survey shall be conducted prior to grading, during April - May, to determine the presence/absence of the proposed threatened thread -leaved brodiaea (Brodiaea jflifolia) on the site. The presence of any of the following plant species of special interest will also be recorded during the survey. Coulter's saltbrush mesa brodiaea Catalina Mariposa lily intermediate mariposa lily false Payson's jeweltlower prostrate spinetlower western dichondra Blochman's dudleya many -stemmed dudleya Palmer's grappling hook southern tarplant vernal barley Robinson's pepper grass small -flowered micorseris rough mullia California groundsel (Aniplex coulteri) (Brodiaea jolonensis) (Calochortus catalinae) (Calochortus weedii var intermedius) (Caulanthus hererophyllus var pseudosimulans) (Chorizanthe procumbens) (Dichondra occidentalis) (Dudleya Blochmaniae ssp blochmaniae) (Dudleya multicaulis) (Harpagonella palmeri) (Hemizonia parryi ssp australis (Hordeum intercedens) (Lepidium virginicum var robinsonii) (Microseris douglasii var playtycarpha) (Mullia maritima) (Senecio aphanactis) 4.10 Prior to issuance of the grading permit, the applicant shall prepare a resource management plan for the permanent open space areas on the San Juan Meadows project site. This plan shall address potential measures for reducing human access into the open space areas, such as barrier plantings or fencing; maintenance provisions for the restoration areas, including trash removal; provisions for interpretive signage and the potential removal of invasive weeds, as required. -8- 6.1 Prior to approval of the final map, the applicant will prepare and submit an acoustic analysis of potential traffic noise impacts for all single-family lots situated along La Novia Avenue for review and approval by the Planning Director. The acoustic analysis will evaluate and recommend noise mitigation measures that reduce potential noise impacts to a level consistent with the City's Land Use Code noise regulations. Noise mitigation may include earth berm or acoustic wall design. Acoustic wall design may include clear plexiglass that provides noise attenuation, but maintains views from single-family lots. 6.2 Prior to building permit issuance, the applicant shall have constructed or received approval of performance bonds for the construction of noise mitigation approved by the City in conjunction with the review and approval of the acoustic analysis required during final map approval as determined by the Planning Director. 13.1 The project shall construct the widening of La Novia Avenue adjacent to the site to provide westbound left -turn lanes at the two entries to San Juan Meadows including the access road to Lot 10 and Forster Canyon Drive (Street A ). 13.2 Prior to approval of the final map, the improvement plans for both entries off of La Novia Avenue shall be shown to include provision of adequate sight distance in accordance with OCEMA Standard Plan 1117. 13.3 Prior to approval of the final map, design techniques (e.g., limitation of landscaping height, retaining walls, etc.) to ensure adequate site distance at intersections on the inside of curves along Forster Canyon Drive shall be implemented in accordance with OCEMA Standard Plan 1117. 13.4 Prior to approval of the final map, the project shall contribute its fair share of the total intersection and other roadway improvement costs based on proportional peak hour traffic (% of project traffic during the peak hours divided by existing peak hour traffic volumes) to the following improvements (If improvement cost estimates are not available from the City, the project shall be responsible for preparing and submitting improvement cost estimates for review and approval by the City Engineer): 13.4.1 Signalization and Intersection Improvements at San Juan Creek Road/Valle Road (15.5 percent). 13.4.2 Signalization and Intersection Improvements to Valle Road/La Novia Avenue/1-5 Northbound Ramps (26.1 percent). -9- 13.4.3 Signalization of Camino Las Ramblas/Via California (4.8 percent). 13.4.4 Signalization including a pedestrian/equestrian crossing of La Novia Avenue/Forster Canyon Drive (32.1 percent). 13.4.5 Signalization of La Novia Avenue/Calle Arroyo (6.1 percent). 13.4.6 Improvements to La Novia Bridge Across San Juan Creek (6.1 percent). 13.5 Prior to final map approval, the project shall be responsible for reimbursing the City for 18.7% of the cost for the constructed section of La Novia Avenue to Valle Road pursuant to the City's executed reimbursement agreement with Glendale Federal Bank dated December 5, 1989. 16.0 Utilities 16.1 In conjunction with tentative map processing, the applicant shall prepare and submit proposed revisions to CDP 81-02, Forster Canyon Planned Community so that document is consistent with the Capistrano Valley Water District (CVWD) Water Facilities Master Plan. 16.2 In conjunction with the final map application, the applicant shall submit public improvement plans that include all proposed water facilities necessary to serve the subject project consistent with the Capistrano Valley Water District's (CVWD) Water Facilities Master Plan. The applicant shall bear full financial responsibility for all required water facility improvements, pay all applicable CVWD development fees (as most recently revised), and shall post required performance bonds to assure construction of those facilities. The CVWD may enter into a reimbursement agreement with the applicant, consistent with District administrative guidelines, in order to reimburse the cost of water facility capacity which is in excess of that capacity required solely to serve the subject project. 16.3 In conjunction with the final map application, the applicant shall submit public improvement plans that include provisions for extending non -potable water service to the project to meet all landscape irrigation needs of the project, including the landfill cover. The design and construction of non -potable water service shall meet all applicable Water District standards. 16.4 Prior to issuance of any building permits, the applicant shall have construction of all necessary water facilities to serve the proposed determined by the Capistrano Valley Water District (CVWD). In- completed project as 16.5 The project shall share the cost of improvements necessary to support the project and shall enter into a "Water Facilities Construction and Service Agreement" with the Capistrano Valley Water District (CVWD). 17.0 Human Health I T I Prior to issuance of any building permit, the project shall implement the following provisions contained in the Final Closure Plan for the Forster Canyon Landfill. a. Provide final cover in accordance with appropriate design standards, materials, and procedures. b. Conduct final grading in accordance with the excavation plan, grading design, and settlement analysis. C. Construct final drainage in accordance with the proposed drainage control system plan. d. Provide the landfill gas control and migration system. e. Implement the liquid management plan. f. Provide landscaping and irrigation in accordance with the proposed landscape materials, installation procedures, and irrigation system. g. Comply with the sequence and phasing for providing improvements. 17.2 Prior to issuance of any building permit, the project shall ensure that the Final Closure Plan is in conformance with California Code of Regulations (CCR), Title 23, Chapter 15; CCR, Title 14, Chapter 3; and is approved by the County of Orange Environmental Health Department and Regional Water Quality Control Board. 17.3 The City, prior to approval of future tract maps and plans, shall establish and require adequate setbacks and buffer around the landfill to separate the landfill area from future proposed developments. 18.0 Aesthetics 18.1 The manufactured slopes proposed in the northwest corner of the site within Unit 9, the Life Center church, and the senior housing area shall employ contour grading, particularly emphasizing variable slopes. The aim shall be to create a slope that appears to be natural in appearance. -11- 18.2 Proposed cut slopes against t.'te hills along the east edge of the site shall employ contour grading, particularly emphasizing variable slopes. Upper edges of the grades shall blend with the existing natural hillsides. Hard edges or angles shall be avoided. Tops and toes of slopes shall be rounded. 18.3 Final building design and massing for the senior housing shall strongly emphasize horizontal architectural elements. Visually unbroken two-story expanses of structures shall be avoided, and no purely vertical architectural elements shall be employed. 18.4 A landscaping easement shall be established along the upper edge of the sloe along Lots 10 through 24 of Unit 6, Lot 1 of Unit 9, and Lots 19 through 23 of Unit 3. Landscaping, including trees of moderate height, shall be placed toward the top of the slope in a clustered and informal manner in front of lot line intersections at irregular intervals along this easement. The goal of this mitigation measure shall be to visually punctuate the extremely linear mass of structures along the northern project, as viewed from viewpoints to the north. 18.5 Dwelling colors for the project shall adhere to medium to light cones of the recommended colors: browns, sepias, ochres and grays. Bright white and light pastel colors shall be avoided. Roof materials shall similarly avoid bright colors. 2Edwoommis WiLlumelmom PMUTAP .*91 .r La Novia Avenue a. Prior to any final map approval, the project shall design the realignment of the 1-5 NB ramps/La Novia Avenue/Valle Road intersection consistent with City standards as determined by the City Engineer, and shall post the required surety to guarantee construction. Prior to issuance of any building permit, the project shall construct improvements to realign the I-5 NB ramps/La Novia Avenue/Valle Road intersection to the satisfaction of the City Engineer. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. The proposed reconstruction of the I-5/La Novia/Valle Road intersection shall include a minimum 75 degree alignment between Valle Road and La Novia Avenue consistent with City public facility standards. Final improvement plan design shall minimize the acquisition of right-of-way from -12- the Terrace Mobilehome Park necessary to accommodate proposed street improvements. 1.b. Prior to any final map approval, the applicant shall design the La Novia Avenue widening, between Valle Road and the Glendale Federal Planned Community, to the ultimate geometric section (eighty-four [84] foot right-of- way) to the satisfaction of the City Engineer and shall post the required surety to guarantee construction. In conjunction with the final map recordation, the project shall dedicate the required right-of-way. Prior to issuance of any building permit, the project shall construct the La Novia Avenue widening to the satisfaction of the City Engineer consistent with City -approved improvement plans. La Novia Avenue improvements shall also include a right turn lane for the recreational vehicle (RV) storage lot entrance east of the tract. The project may enter into a reimbursement agreement, pursuant to City Council Policy 11 I, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. I.C. Prior to any final map approval, the applicant shall design signal improvements for the La Novia Avenue/Street "A" (Forster Canyon Drive) intersection. Prior to issuance of the any building permit, the project shall complete signalization improvements to the La Novia Avenue/Street "A" (Forster Canyon Drive) intersection consistent with City -approved plans and the satisfaction of the City Engineer. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. Prior to any final map approval, the project shall establish an alignment for Street "A" (Forster Canyon Drive) in conjunction with the developer of Tentative Tract Map 14196, Pacific Point/TMC consistent with City standards as determined by the City Engineer. Prior to any final map approval, the project shall design improvement plans for the full geometric section for Street "A" (Forster Canyon Drive), consistent with City standards and subject to the satisfaction of the City Engineer, consisting of a "commuter" section (Land Use Code, Chapter 9-4, Figure 4-4) with a General Plan (20 foot) "pedestrian way/bike trail" (Land Use Code, Chapter 9-4, Figure 4-5). The landscape easement shall be five (5) foot in width, and shall be maintained by the homeowners association. Prior to final map approval, the project shall provide surety, -13- in a form satisfactory to the City Engineer, to guarantee construction of Street "A" between La Novia Avenue and the Pacific Point/TMC project. In conjunction with the final map, the project shall dedicate necessary right-of-way for Street "A" (Forster Canyon Drive) consistent with the approved geometric design. Prior to issuance of any building permit, the project shall construct Street "A" (Forster Canyon Drive) to the satisfaction of the City Engineer consistent with City -approved improvement plans. These improvements are considered on-site and shall not be subject to reimbursement agreement per City Council Policy 111. 4. Prior to any final map approval, the applicant shall design the Valle Road widening, between La Novia Avenue and San Juan Creek Road, to the ultimate geometric section (commuter arterial) to the satisfaction of the City Engineer and shall post the required surety to guarantee construction. Prior to issuance of any building permit, the project shall construct the Valle Road widening to the satisfaction of the City Engineer consistent with City -approved improvement plans. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved and/or future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. 5. Prior to acceptance of the final map for processing, the developer/property owner shall amend Comprehensive Development Plan 81-01, Forster Canyon P.C. to incorporate all geometric street sections as approved by the City Council. 6. The geometric design for proposed local streets including Streets F, G, L, N, O, & P shall consist of 40 feet of right-of-way, 32 feet of travelway, 5 feet/3 feet parkways, and 5 feet public utility/landscape easements directly abutting the right-of-way. 7. The geometric design for proposed local streets including Streets A, B, C, D, E, H, I, J, K, & M shall consist of 46 feet of right-of-way, 36 feet of travelway, 5 feet parkways, and 5 feet public utility/landscape easements directly abutting the right-of- way. 8. Prior to final map approval, the subdivider shall submit homeowners association incorporation documents and financial/reserve analysis documentation which demonstrates that the project homeowners will have the financial capability to maintain all private streets to comparable public standards. 9. Prior to final map approval, the subdivider shall design all driveways to comply with Section 9-4.104, Driveways of the Land Use Code. Finish materials shall be asphalt, concrete, or other non -erodible material subject to approval of the City Engineer or his designee. -14- 10. Prior to final map approval, and in the event a public/private park site is developed for the landfill cover area, the City may require the subdivider to include a pedestrian way in compliance with Section 9-4.105, "Pedestrian ways, bridges, and tunnels" of the Land Use Code. The alignment and finish materials shall be subject to approval of the City Engineer or his designee. 11. Prior to final map approval, the subdivider shall design and post surety for the installation of a signalized pedestrian/equestrian crossing at the intersection of La Novia Avenue and Forster Canyon Drive (Street 'W'). The crossing shall be designed consistent with standards established by the City Engineer or his designee. The signalized crossing shall be completed and operational in conjunction with completion of the equestrian trail. B Parks. recreation, & trails As part of the final map improvement plans, the subdivider shall design and bond for the construction of a combined pedestrian/bike trail along La Novia Avenue consistent with Section 9-4.104, Figure 4-5 of the Land Use Code. The pedestrian/bike trail shall be completed and operational in conjunction with the widening of La Novia Avenue. The project shall also design and bond for construction of trail fencing and motorcycle barriers at locations to be determined by the City Engineer. 2. As part of the final map improvement plans, the subdivider shall design and bond for the construction of an combined pedestrian/bike trail along Forster Canyon Drive (Street "A") consistent with Section 9-4.104, Figure 4-5 of the Land Use Code. The pedestrian/bike trail shall be completed and operational in conjunction with the construction of Forster Canyon Drive (Street "A"). The project shall also design and bond for construction of trail fencing and motorcycle barriers at locations to be determined by the City Engineer. The project shall be required to pay park in -lieu fees, consistent with Section 9-4.308 of the Land Use Code, in the amount of $1,780,213 (one million, seven -hundred and eighty thousand, two -hundred, and thirteen dollars) based on a demographic multiplier of 1.8 persons per household for age -restricted, senior housing. In the event the City would accept surface easements and approve a `community park' site, the project's required park in -lieu fees shall be $1,780,213 (one million, seven - hundred and eighty thousand, two -hundred, and thirteen dollars) less the value of constructed public park improvements. The value of public park improvements will be subject to review and approval by the City Council as part of the City's review of the preliminary community park plan. 4. Prior to any final map approval, the project shall negotiate the terms of an irrevocable offer of dedication (IOD) of a surface rights easement over a portion of the landfill cover (Lot "T') to the City of San Juan Capistrano for potential development of -15- public, community park facilities in a form acceptable to the City Attorney. The irrevocable offer of dedication (IOD) shall be subject to review and approval by the City Council. The surface rights easement shall exclude that area required and designated for the HOA -maintained, neighborhood park. 5. Prior to any final map approval, the project shall submit preliminary site plans for proposed recreation facilities, public and/or private, and related improvements over the landfill cover. The preliminary site plans will be subject to Parks, Recreation, & Equestrian Commission, Planning Commission, and City Council review and approval. Should the City Council decide to develop a public, community park site, the City will establish specific recreation facility programming prior to the applicant preparing and submitting preliminary plans for proposed recreation facilities. Furthermore, the project shall submit construction cost estimates for all park capital improvements, a proposed annual maintenance program and budget, and proposed insurance documentation and provisions to protect against potential liability claims. 6. Prior to any final map approval and in conjunction with preliminary site planning, the applicant shall conduct a detailed analysis of parking needs and provide parking design and improvements commensurate with the level of proposed recreation uses and anticipated use of public dedication site. Furthermore, parking shall be designed to provide the ability for future expansion to meet the on-going operational needs of the park. In conjunction with final map recordation, the project shall dedicate a minimum 7.74 acre surface rights easement, for private neighborhood park purposes, to the homeowners association with San Juan Meadows L.P. or the County of Orange retaining fee ownership. The Conditions, Covenants, & Restrictions (CC&Rs) shall establish a mechanism for homeowners association (HOA) maintenance of the park. Prior to final map approval, the project shall provide surety, in a form acceptable to the City Engineer, to guarantee the installation of the private neighborhood park improvements. C. Engineering Compliance. Prior to final map approval, the Tract Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Cormnission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code. (Engr.) Payment of Fees. Prior to final map approval, the project shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post surety to insure construction of improvements. (Engr.) -16- Storm Runoff, Hydraulic/hydrology Calculations. Prior to final map approval, the project shall submit to the City Engineer, for review and approval, a Storm Runoff study prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any affected street or facility. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (Engr) 4. Soils/Geology. Prior to final map approval, the project shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements within the project and preliminary pavement sections and substructure bedding/backfill recommendations. (Engr.) 5. Sewer. Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (Engr.) 6. Grading. Prior to final map approval, the project shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The extent of the topography shall be extended enough to determine the drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility. (Engr.) Drainage Barrier Between Slopes and Streets. Prior to final map approval, all street sections located within 20 feet or less, from the toe of a slope of 10' in height or more, shall be protected from underground water seepage by cut-off drainage barriers, to the satisfaction of the City Engineer. Any exception shall be subject to review and approval by the City Engineer. 8. Permission to Grade Off-site. Prior to final map approval, the project shall submit to the City Engineer and to the Building and Safety Manager, for any necessitated off- site grading, a notarized written permission from adjacent property owners affected by said off-site grading. (Engr.) Erosion. Prior to final map approval; the project shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil Engineer. These plans shall show all -17- temporary and/or permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition. (Engr.) 10. Drainage. Prior to final map approval, the project shall submit to the City Engineer for review and obtain approval for Drainage Plans specific to the project which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. (Engr.) 11. Drainage Easement in Lettered Lot Maintained by HOA. Prior to final map approval, drainage facilities shall be designed to be located within the right-of-way. Any deviation shall require prior approval from the City Engineer. If drainage facilities are proposed in easements not within the right-of-way, said easements shall be placed in lettered lots owned and maintained by the Homeowner's Association. (Engr.) 12. Connection to City Storm Drain Must be Recorded and Filed. Prior to final map approval, any proposed connections to City storm drains from private on-site drains must be approved by the City Engineer. A recorded instrument is required for private storm drain connections to City storm drain facilities and must be filed with the City Engineer. (Engr.) 13. Dry Utilities (Elect., Telephone, Cable TV, Gas). Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, Electrical, Gas, Telephone and Cable Television Installation Plans to ensure compatibility with existing and proposed improvements. (Engr.) 14. Sewer and Water. Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall be specific to the project which reflect consistency with the City's Sewer and Water Master Plans, City's standards, specifications and Codes. (Engr.) 15. Sewer Manholes to be Lined. Prior to final map approval, the Sewer Plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the developer's cost. (Engr.) 16. Street Improvements. Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water. (Engr.) 17. Design Speeds for Streets. Prior to final map approval, Street Improvement Plans shall be designed and constructed per City standards. Arterial streets shall be designed for a minimum design speed of 35 miles per hour (mph) and sight distance -18- of 45 mph at all intersections. All other streets shall have 25 and 35 mph respectively. (Engr,) 18. Tentative Map Compliance and Closure Calculations. Prior to final map approval, the project shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map. Said Map shall be accompanied with traverse closure calculations and an updated Title Search Report. (Engr.) 19. Street Access Release. Prior to final map approval, the project shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to La Novia Avenue and Forster Canyon Drive (Street "A") except at street intersections and City approved driveway locations". (Engr.) 20. CC&R. Prior to final map approval, the project shall submit conditions, covenants, and restrictions (CC&R) for review and approval by the City Engineer, Planning Director, and the City Attorney. The conditions, covenants, and restrictions shall be recorded with the final map and shall include, at a minimum, the following: a. Homeowners Association maintenance of all common open space, project entries, manufactured slopes, private storm drainage facilities, and fuel modification zones. b. Prohibition on building construction or ornamental landscaping within storm drainage facilities, and fuel modification zones. C. A statement that the tract is bordered by City of San Juan Capistrano natural, undeveloped open space lands and that the City has no plans for the maintenance, improvement, or irrigation of these lands. d. Prohibition on radio and television antennas projecting above any roof eaves per Section 9-3.609 of the Land Use Code. e. A provision that all homes shall be constructed to include water -conserving (low -flow) plumbing fixtures. f Removal or relocation of any street trees within the public right-of-way or easement for the purpose of constructing private lot driveway access, shall require approval by the City Engineer or his designee. g. Any proposed amendments to the CC&R document shall be subject to review and approval by the Planning Director, who may refer such amendments to the City Council for action. 19- h. The Developer shall provide in the CC&R document that any future rental of residential units in the development shall be controlled and managed by one management company to insure the most efficient mange of the property. The management company shall be selected by the homeowners association board of directors. 21. Post Bond/Provide Securities. Prior to final map approval, the project shall provide performance bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each, but not limited to, street improvements, signing and striping, equestrian & hiking trails, street lights, storm drains, sewer, water, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the project shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer. (Engr.) 22. Deposit for Off-site Improvement Participation. Prior to final map approval, the applicant shall provide the Engineering Division with a Certificate of Deposit or cash deposit in an amount based on a pro -rata share of traffic generated and as determined by the City Engineer for the applicant's participation in the design and construction of improvements referenced in "Resolution 96-1-6-x, Approving a Mitigated Negative Declaration", Mitigation Measure 13.1 and conditions la., lb., lc., 4., and 11. of this resolution. (Engr.) 23. Tragic Signal Construction Participation. Prior to final map approval, the applicant shall provide the Engineering Division with a Certificate of Deposit or cash deposit as a participation for the design and construction of traffic signals at those intersections referenced in Mitigation Measure 13.4. The level of participation shall be based on peak hour traffic generation as determined by the City Engineer based on the project traffic study. (Engr) 24. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the project shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. the project shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .DXF format. 25. Submit Mylar of Final Map. The project shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map. (Engr.) 26. NPDES Industrial Permit for Grading in Excess of 5 Acres. The project shall submit a Notice of Intent (NOI) to the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with -20- development/construction activity in excess of 5 acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (Engr.) 27. Filing with County Surveyor the Comer Records. The project's surveyor shall file the appropriate corner records with the County Surveyor and show written affirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code. (Engr.) 28. Complete all Improvements to the City's Satisfaction. The project shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions. (Engr.) 29. The project shall design corner lots so that driveways shall have a minimum of ten (10) feet of full curb height between the edge of any catch basin and the driveway subject to approval by the City Engineer. (Engr.) 30. The project shall design all curbs and sidewalks consistent with the design standards of the San Juan Capistrano Municipal Code. (Engr.) 31. The project shall provide adequate sight distance at all construction access points based upon the requirements of the construction vehicle. Grading permits will only be issued for these access points based on compliance with the City's sight distance standards. (Engr.) 32. The project shall file and process an application, consistent with Section 8-13.102, "Regulations Governing Gate -guarded Neighborhoods", for any proposal for gate - guarded entries. The design of gate -guarded entries shall conform to Orange County Environmental Management Agency (OCEMA) standard 1107. Vehicle storage/stacking at such entries shall not be permitted within La Novia Avenue nor Forster Canyon Drive (Street "A"). (Engr.) 33. Equestrian improvements. Prior to approval of any final map, the project shall provide surety, in a form acceptable to the City Engineer, to guarantee construction of the following improvements. Prior to the issuance of any occupancy permit, the project shall complete all trail improvements consistent with City -approved improvement plans, to the satisfaction of the City Engineer: a. The existing unimproved access road through the City's open space area south of the tract shall be integrated with the proposed trails for this project so as to minimize hillside grading impacts. b. The project shall secure any necessary easements from owners of off-site properties through which trails are proposed. All costs associated with easement acquisition shall be the project's sole responsibility. -21- C. The project shall construct the Alternative 3, westerly alignment trail connection from City open space to Forster Canyon Drive (Street "A"). Said connection may require construction on the Pacific Point/TMC property, and may be interim or permanent, depending on the status of development of the Pacific PoinVTMC property. In areas where grades exceed 10%, General Plan trails may be reduced from twenty (20) feet to ten (10) feet in width, to minimize grading impacts. If grades exceed 10%, the project shall submit a preliminary trail grading plan for engineering review and approval. d. In areas where trails aro adjacent to private property, HOA open space, or public/private roadways, the project shall install fencing per the City's Trail Design Manual. The project shall construct motorcycle barriers at all intersection of trails and public/private roadways. 34. Slope Warranty and Geologic Hazard Abatement: Prior to approval of any final map, the project shall comply with the provisions of Title 9, Chapter 10, Soil Subsidence Remediation Program subject to the satisfaction of the Engineering & Building Director and the Planning Director. If de -watering or other active systems for landslide stabilization are required by the City based on more detailed geotechnical investigation, provision shall be included in the Geologic Hazard Abatement District for the residents to fund and the City to operate such an active system. Water Improvement Plans. Prior to the recordation of a subdivision map, the project shall submit water improvement plans to Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. 2. Fire Hydrants. Prior to the recordation of any Subdivision map or the issuance of any building permits, whichever occurs first, the project shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building pen -nits. Provisions shall be included by the project for the repair and maintenance of the system, in a manner meeting the approval of the Fire chief. Automatic Fire Extinguishing Systems. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all "Flag Lots", R-1 buildings, or and building exceeding fire department access requirements, shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 4. Fire Access. Prior to the recordation of a subdivision map, the project shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate -22- them to the City. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. Fuel Modification. a. Prior to the recordation of any subdivision map, the project shall obtain the Fire Chiefs approval, in consultation with the Manager, Environmental and Project Planning of a conceptual fuel modification plan and program. Contact the Orange County Fire Authority Development Review Section at (714) 744- 0477 for requirements and clearance of this condition. b. Prior to the issuance of any grading permits, the project shall obtain the Fire Chiefs approval, in consultation with the Manager Environmental Project Planning, of a precise fuel modification plan and program -n. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. C. Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. d. Prior to the issuance of any certificate of use and Occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CC&R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year. Street Plans. Prior to the issuance of any grading permits, the project shall submit and obtain approval of preliminary plans for all streets and Courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds ISO feet or when other conditions require it. -23- Street Markings a. Prior to the issuance of any grading permits, the project shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the freight, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. b. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. 8. Access Gates. Prior to the issuance of any grading permits, the project shall submit and obtain the Fire Chiefs approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access". 9. Combustible Gas Mitigation. Prior to the issuance of a grading permit, the project shall submit and obtain the Fire Chiefs approval of a combustible gas/methane assessment and mitigation plan. 10. Combustible Construction Letter. Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chiefs approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. 11. Water Availability. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 12. Fire Sprinkler System. Prior to the issuance of any building permits on those lot(s)/parcel(s) determined applicable by the Fire Chief, plans for the automatic fire Sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate Of use and occupancy. 13. Building Use Letter. Prior to the issuance of any building permits, the project shall submit a detailed letter of intended use for each building to the Fire Chief for review and approval. -24- 14. Architectural Plan. Prior to approval of a site development/land use permit, or the issuance of a building permit, whichever occurs first, the project shall Submit plans for the review and approval of the Fire Chief. The project shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. 15. Fire Hydrant Markers. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 16. Fire Alarm System. Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. The City shall not record any final map nor approve any building permit, with the exception of model home complex as provided below, until the project has provided written evidence that the Old Forster Canyon Landfill has been closed consistent with the approved Closure Plan and to the satisfaction of appropriate regulatory State agencies (i.e. Local Enforcement Agency) with jurisdiction over landfill closure. However, the City may issue the necessary building and grading permits required solely for closure of the Old Forster Canyon Landfill. The City may issue building permits for the model home complex, not to exceed a maximum of twelve dwelling units, prior to certification of closure of the landfill. However, the City shall not issue any occupancy permits for the model home complex until the final map has been approved by the City Council and recorded. 2. Prior to approval of the any final map, the project shall provide written evidence of a long-term maintenance agreement, which will provide for perpetual monitoring and maintenance of the landfill facilities, consistent with all applicable State requirements and legislation, in a form acceptable to the City Council. F. Fiscal Any proposed community park site, and surface rights easement for such a park site, over the landfill cover (Lot "F') shall exclude the landfill face slope. Any consideration by the City to grant the subdivider a credit for completed park improvements against in -lieu fees, shall take into account the relatively higher annual maintenance costs related to landfill settlement and the potential damage to park -25- improvements. Consequently, the credit for park improvements will be correspondingly lower to account for higher annual maintenance costs. Prior to any final map approval, the project shall enter into a agreement to participate in a Mello -Roos financing district for the sole purpose of providing capital funds to the Capistrano Unified School District (CUSD) to fund the acquisition of new school sites which will serve the proposed development. That agreement to participate in a Mello -Roos financing district shall be in a form acceptable to the City of San Juan Capistrano and CUSD. Prior to issuance of any occupancy permit, the project will have established, executed, and recorded all necessary legal documentation to implement said Mello -Roos financing district. The use of over -steepened 1 %2:1 slopes shall only be permitted for the northwest fill slope of the senior housing site in order to conform to the existing 1'/2.1 slope in the Terrace Mobilehome Park. Prior to final map approval, over -steepened 1'/2:1 slopes shall be subject to detailed geotechnical analysis and review by the City Engineer. Such slopes shall be reinforced with geogrid or comparable material as required by the detailed geotechnical analysis. Proposed retaining walls for the senior housing site shall be prohibited along La Novia Avenue. H Geotechnical Stability Prior to building permit issuance, the project shall regrade the existing natural slope on Lot "G" above the Capistrano Terrace Mobilehome Park consistent with the approved tentative tract map and detailed soils/geotechnical analysis prepared in conjunction with the grading plan. The slope shall consist of a manufactured 2:1 slope with terrace/down drains as required by the Land Use Code. If necessary as determined by the City, the project shall reconstruct the existing retaining wall at the base of the existing slope forming Lot "G". 2. Prior to any final map approval, the project shall submit a preliminary grading plan and detailed geotechnical/soils report evaluating that grading plan as well as existing, ancient, landslide conditions, subject to the satisfaction of the Building Official. The report shall address the full range of geotechnical and soils issues, including deep landslide (gross site) stability, surfrcial slide stability, manufactured slopes, off-site grading and proposed improvements and shall include specific recommendations to satisfactorily address all geotechnical and soils issues. The grading limits for grading within City open space as shown on the approved tentative tract map shall be the maximum limits of such grading. Any further encroachment, beyond that depicted on the approved tentative tract map, shall require City Council review and approval. The project shall also submit an operations/management plan for any deep landslide (gross stability) remediation system. Prior to any final map approval, the preliminary -26- grading plan, off-site grading within City open space, the detailed geotechnical/soils report, landslide (deep and surficial) remediation and the operations/management plan for any landslide remediation system shall be subject to City Council review and final action. The City Council may only approve the deep landslide (gross stability) remediation system based on findings that the proposed system is practically & functionally sound, is the most appropriate method to assure landslide stabilization, and would not result in undue public health and safety risks to future residents. In the event a de -watering system or similar type of "active" landslide stabilization system is required to stabilize the deep (gross stability) landslide, the operation and maintenance of that system shall be made a part of the Geologic Hazard Abatement District. If activated, the Geologic Hazard Abatement District would be funded solely by the residents of the project and operated by the City. PASSED, APPROVED, AND ADOPTED this 17th day of February .1998. ATTEST: CIn CLERK ,,J GIL. JONES, YOR -27- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-2-17-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of February 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) n CHERYL JOBTOONXITY CLERK -28-