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:
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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:
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(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
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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.
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(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.
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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
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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
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"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
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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
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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.
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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).
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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.
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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
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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,
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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.
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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
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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.)
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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