Resolution Number 20-07-21-02RESOLUTION NO. 20-07-21-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TKAG I MAF' (I I M)
17-002 AND FLOODPLAIN LAND USE PERMIT (FP) 20-001 FOR THE
TIRADOR RESIDENTIAL PROJECT LOCATED AT 27000 CALLE ARROYO,
CONTINGENT ON CERTIFICATION OF THE FINAL EIR FOR THE
PROJECT
WHEREAS, Watt Communities (the "Applicant") is proposing the Tirador
Residential Project ("Project"), an 16.1 -acre residential project at 27000 Calle Arroyo. The
Project entitlements required for the Tirador Residential development include, among
other approvals, Floodplain Land Use Permit (FP) 20-001 and Tentative Tract Map (TTM)
17-002; and
WHEREAS, Land Use Code Section 9-4.203 requires a tentative tract map
for all subdivisions creating five or more lots. The proposed map entails subdividing the
16.1 -acre site into five (5) lots ranging in size from approximately 20,119 (0.46 acres) to
266,295 (6.11 acres) square feet. The lots have been designed to accommodate the
proposed and future uses on the site; and
WHEREAS, before the City Council may approve a tentative tract map, it
must make the findings set forth in Land Use Code Section 9-4.223; and
1 1 WHEREAS, before the City Council may approve a floodplain permit
application, it must make the findings set forth in Land Use Code Section 9-2.321,
L.J subsection (e); and
WHEREAS, the Planning Commission reviewed the tentative tract map and
floodplain land use permit applications and has recommended approval because the
corresponding findings can be made; and
WHEREAS, the City prepared a Draft Environmental Impact Report
("DEIR") that analyzed the proposed Project's environmental impacts in compliance with
the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made
available to the public for review and comment for 45 days between March 4, 2020, and
April 17, 2020. During and following the close of the public review period, the City received
five comment letters and e-mails on the project. For those letters and e-mails that raised
CEQA-related issues, the City has prepared Response to Comments as required by
CEQA, which are included in the Final EIR. The Final EIR determined that all
environmental impacts could be reduced to a level of less than significant
through the incorporation of mitigation measures. The Draft EIR and Final
EIR for the project are available on the City's website at:
http://sanjuancapistrano.org/Departments/Development -Services/Planning. The City
Council certified the Final EIR prior to consideration of this resolution; and
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WHEREAS, the City Council has carefully considered the applications, all
the information submitted by the Applicant, the public, and city staff in connection with the
Project, including the agenda report prepared by staff for these and other Project
approvals.
NOW, THEREFORE, BE IT RESOLVED, that the recitals above are
incorporated herein by reference as findings of the City Council.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report, including its detailed discussion of these findings, and
all the other evidence that was presented in connection with this Project, the City Council
of the City of San Juan Capistrano does hereby make the following findings as required
by Section 9-4.223, Findings for approval of tentative maps, of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. The proposed map is consistent with the General Plan and the applicable specific
plan and comprehensive development plan because the land uses proposed are
allowed within the Ortega Planned Community, Comprehensive Development Plan
78-1, Sector B-3, and under the current General Plan land use designation of
Planned Community and the Project is consistent with the Comprehensive
Development Plan and General Plan goals, policies, and standards as discussed
above in connection with the Planning Commission's approvals for the Project.
Additionally, the project is not located within a specific plan area; and,
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and the applicable comprehensive development plan because the
proposed subdivision has been designed to accommodate the Project, and the
Project design itself is consistent with those policy and regulatory documents, The
proposed project would establish a 132 -unit residential community and has been
designed to meet all applicable development standards and provisions of Title 9 of
the San Juan Capistrano Municipal code including lot coverages, setbacks, height
requirements, use regulations, and affordable housing requirements which allow
for concessions and waivers to standards such as setbacks, floor to floor ratio, and
RV parking requirements. Furthermore, the project's character, scale and quality
of the architecture, site design and landscaping are consistent with the adopted
Design Guidelines of the City because the project incorporates materials and
colors consistent with the approved structures and signage on properties
surrounding the site along Calle Arroyo and similar residential uses located within
the City of San Juan Capistrano; and,
3. The site is physically suitable for the type of development because the General
Plan land use designation would allow for the development with a density of up to
30 dwelling units per acre and the applicant is proposing to develop individual
parcels with a density of up to 14.6 dwelling units per acre. The project is an infill,
previously graded, largely unused site, with convenient access to Calle Arroyo and
located to provide a well-designed buffer between the proposed residential
development and the adjacent creek and commercial area. Furthermore, the
Ortega Planned Community, Comprehensive Development Plan 78-1, Sector B-3
would allow residential uses; and,
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4. The site is physically suitable for the proposed intensity of development because
the existing topography and infrastructure provides suitable conditions sufficient to
accommodate the proposed improvements. Located generally along the same
grade as Calle Arroyo, the site is relatively flat and large enough to accommodate
the uses and development proposed. Additionally, the site will be served by
existing or extension of utilities from adjacent sources; and,
5. The design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat because the Environmental Impact Report (EIR) includes
an assessment of the Project's potentially significant biological resource impacts
and concludes the Project's impacts to such resources would be sufficiently
mitigated through the proposed mitigation measures established by the Mitigation
Monitoring Reporting Program (MMRP); and,
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision because the Project proposes to honor or extend
all public easements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report, including its detailed discussion of these findings, and
all the other evidence that was presented in connection with this Project, the City Council
of the City of San Juan Capistrano does hereby make the following findings as required
by Subsection (e) of Section 9-2.321, Floodplain land use permit, of Title 9, Land Use
Code of the City of San Juan Capistrano:
1. The application complies with all the location and land use standards for uses or
structures as set forth in Section 9-3.405 of the Land Use Code because the site will
be graded to elevate the proposed buildings above the 100 -year floodplain elevation,
and the applicant will pursue a CLOMAR and LOMAR or a CLOMR-F and LOMR-F
through the Federal Emergency Management Agency to adjust the FIRM Maps to
reflect current and proposed grades.
2. Approval of the application will not result in a discernible net increase in water surface
elevation, will not create or exacerbate erosive velocities within special flood hazard
areas, and will not contribute to flooding of other properties not previously inundated
by the 100 -year storm event because in order to raise the existing grades above the
100 -year floodplain elevation, the Project proposes to fill portions of the site with
approximately 17,950 cubic yards of import soil to raise levels one foot above the Base
Flood Elevation. Although the Project site is within a 100 -year floodplain, the proposed
Project includes a Water Quality Management Plan specifying that proposed buildings
would be elevated above flood depths anticipated for site development as well as
plans to process a CLOMAR and LOMAR or a CLOMR-F and LOMR-F through the
Federal Emergency Management Agency to adjust the FIRM Maps to reflect current
and proposed grades.
3 7/21/2020
3. Development and use of the property as proposed are consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the proposed Project will complement the existing aesthetics of the area and
existing grade elevations of the adjacent properties, while consistent with the following
General Plan Goals and Policies:
Land Use Element, Policy 3.2: Limit density of development in the hillsides,
floodplains, and other high-risk areas. The project is designed below the maximum
density of 30 dwelling units per acre.
Conservation and Open Space Element, Policy 5.2: Ensure that new development
integrates and preserves areas designated for scenic, historic, conservation, or public
safety reasons. The project has been designed to elevate proposed buildings above
the 100 -year floodplain elevation and integrate an existing City trail along San Juan
Creek.
Floodplain Management Element, Goal 1: Protect life and property from floodwaters.
The development of the site will assist in managing floodwaters from the public by
raising the site above the 100 -year plain elevation and providing best practices
methods to collect and appropriately discharge runoff into the creek.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in effect
at the time the application was deemed complete. The project is designed in
compliance with Title 9, Land Use Code for new development projects. The proposed
project is consistent with all other applicable requirements of the Municipal Code,
California Fish and Wildlife Department, United States Army Corps of Engineers, and
Regional Water Quality Control Board requirements in effect at the time the application
was deemed complete. Prior to issuance of a grading or building permit, the applicant
is conditioned to demonstrate that the proposed project complies with the Federal
Emergency Management Agency.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
hereby approves Tentative Tract Map (TTM) 17-002 and Floodplain Land Use Permit
(FP) 20-001 for the Project, subject to the Conditions of Approval established by Exhibit
A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This resolution takes effect on
approval. These project approvals are valid for a period of 24 months from the effective
date of approval of this resolution, and they expire on July 22, 2022 (see SJCMC §§ 9-
4.229(a) [24 months for tentative map], 9-2.321(f) [same period for floodplain if approved
concurrently]), unless a time extension request or building permit application related to
this approval is submitted to the City and approved prior to that date.
F
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PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 2151 day of July 2020.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-07-21-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
21$1 day of July 2020, by the following vote:
MEMBERS:
Reeve, Maryoft, Farias, Taylor and Mayor Bourne
MEIuIBERS:
None
MEMBERS:
None
7/21/2020
EXHIBIT "A"
RESOLUTION 20-07-21-02
CONDITIONS OF APPROVAL
PROJECT LOG #: AC 17-033, SP 20-012, GPM 17-013, FP 18-001, and TTM 20-002
PROJECT NAME: Tirador Residential Project
APPROVAL DATE: July 21, 2020
Architectural Control (AC) 17-033, Sign Permit (SP) 20-012, Grading Plan Modification
(GPM) 17-013, Floodplain Land Use Permit (FP) 20-001, and Tentative Tract Map (TTM)
17-002, are approved subject to compliance, to the reasonable satisfaction of the
Development Services Department, with all applicable sections of the San Juan
Capistrano Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by the above referenced approved applications. These
conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also
mean the developer, the owner or any successor(s) in interest to the terms of this
approval.
General Conditions:
1. The applicant proposes to develop 132 residential units, comprised of single-
family and townhome units of which fourteen will be made affordable to
moderate income households, on a 16.1 -acre site at 27000 Calle Arroyo. This
project approval is based on and subject to the application materials prepared
by Withee Malcolm Architects, LLP, Summers/Murphy & Partners dated April
27, 2018, and X Engineering dated June 3, 2020, including building elevation(s),
floor plan(s), grading, sign plans, landscaping, site plan and materials board
plan. These plans and the proposed use of the project site are hereby
incorporated by reference into this approval as submitted and conditioned
herein and shall not be further altered unless reviewed and approved by the
affected city departments. Minor modifications to this project approval may be
approved by the Development Services Director pursuant to Section 9-2.303,
Administrative approvals of Title 9, Land Use Code.
_ 2. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of San Juan Capistrano concerning this project,
including but not limited to any approval or condition of approval of the City
Resolution 20-07-29-02 Conditions of Approval
Tirador Residential Proiect Page 2 of 29
Council, Planning Commission, or Development Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning �j
the project and the City shall cooperate fully in the defense of the matter. The
City reserves the right, at its own option, to choose its own attorney to represent
the City, its officers, employees, and agents in the defense of the matter.
3. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions
and the plans or final revised plans that are approved for any subsequent phase,
the conditions and/or plans as stipulated in the later approval shall prevail.
4. Pursuant to Section 8-2.04 of the Building Code, the applicant shall ensure that
all construction activities, which includes the delivery and/or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
5. Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
6. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments.
7. The applicant shall schedule a final inspection with the Development Services
Department Public Works Department, and Utilities Department to inspect the
final construction of improvements related to their department's discipline to
ensure consistency with the approved plans and conditions of approval.
_ 8. Compliance with Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County, Santa Margarita Water District or City regulations or requirements. To
the extent not precluded by Government Code Section 65961, the applicant
shall comply with all requirements of the Municipal Code, all requirements of
City ordinances, resolutions, and all applicable standards and policies that are
in effect at the time that building permits are issued for the development.
9. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
10. Applicant Responsibilities. The applicant shall be responsible for informing all
subcontractors, consultants, engineers, or other business entities providing
services related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Resolution 20-07-21-02 Conditions of Approval
Tirador Residential Protect Page 3 of 21
Capistrano Municipal Code, including the requirement that a business license
be obtained by all entities doing business in the City.
11. Discrepancy Clause. In the event that exhibits, and written conditions are
inconsistent, the written conditions shall prevail. If there are any disparities
between these conditions and the plans or final revised plans that are approved
for any subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
12. Fees. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
13. Final Tract Map. Final Tract Map shall be in substantial compliance with the
Tentative Tract Map (TTM), Subdivision Map Act and submitted for review and
approval to the City Engineer's satisfaction prior to issuance of any permits
including but not limited to; grading, building, utility, and/or encroachments
unless otherwise allowed by the City Engineer. At a minimum, Final Tract Map
shall include information related to all existing and proposed easements,
dedications, property lines, flood zones, utilities, ownership, lot sizes, legal
descriptions, and site data as required by Public Works, Planning, and Utilities
Departments.
14. Calle Arroyo Driveways. The developer shall construct new driveways at the
access points on Calle Arroyo and install streetlights with Mission Bell
luminaire along the Calle Arroyo project frontage. The developer is responsible
for the replacement of any damaged curb and gutter, and sidewalks on Calle
Arroyo. (PW)
15. Multiuse Trail Configuration. The developer shall construct the multiuse trail in
the configuration identified in the landscape plan, and implement gentler turns
where structures, easements and natural topography permit. Unless waived by
the Director of Public Works, the trail shall meet the City's trail design
specifications. (PLN)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT
AGREEMENT:
16. Street and Develogment Names. Prior to approval of the final map, the
applicant shall submit to the City's Development Services Director for review,
and shall obtain approval of, the name of the development or developments
and the names of all proposed streets within the tentative tract's boundaries. The
Director shall confirm that said development names and street names do not
duplicate existing development and street names in the City and are consistent
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Tirador Residential Project Page 4 of 21
with City Council policy 417. All approved street names shall be indicated on the
Final Map.
17. Compliance with Mar) Act and Municipal Code. Prior to approval of the final
map, the tract map shall be prepared and submitted in full compliance with the
State of California Subdivision Map Act and the City of San Juan Capistrano
Municipal Code, except as authorized by the City Council and/or Planning
Commission. (PW)
18. Payment of Fees. Prior to approval of the final map the applicant/sub-divider
shall fulfill all applicable fee requirements in accordance with the City Municipal
Code, as last revised and the City Schedules of Rates and Charges, as last
revised.
19. Wastewater Study. Prior to approval of the final map, the applicant/sub-divider
shall submit to the Assistant Utilities Director for review and shall obtain
approval of, a Wastewater Feasibility Study, prepared by City Sewer Master
Plan Consultant, Tetra Tech Engineering, which evaluates the proposed
development project and mitigates its anticipated impact on the existing
Wastewater facilities system. Said study shall be consistent with the City's
Master Plan of Wastewater Facilities and the Special Provisions for the
Construction of Sanitary Sewers. Any deviation from these requirements shall
be subject to Assistant Utilities Director review and approval. (UD)
_ 20. Sewer Improvement Plans. Prior to approval of the final map, the applicant/sub-
divider shall submit Sewer Improvement Plans prepared by a California State
Registered Civil Engineer to the Assistant Utilities Director and City Engineer
for review and approval. These plans shall be specific to the project and shall
reflect consistency with the City's Sewer Master Plans, City standards,
specifications, and City Municipal codes. (UD)
The applicant/sub-divider shall design the off-site sewer main connections and
pipelines in accordance with City sewer standards and American Public Works
Association Standards, unless otherwise determined by the Assistant Utilities
Director.
The Sewer Improvement Plans shall include at minimum, a 20 -foot wide
easement, where it is applicable. The applicant/subdivider shall design the
development gravity sewer system to connect to an existing City sewer manhole
at Calle Arroyo. The Sewer Improvement Plans shall indicate that all proposed
sewer manholes shall be lined with polyurethane, or equal approved material,
at the applicantisubdivider's cost to the satisfaction of the Assistant Utilities
Engineer Director and the City Engineer. Any deviation from these requirements
shall be subject to prior Assistant Utilities Engineer Director and City Engineer
review and approval. (PWD & UD)
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Tirador Residential Proiect Page 5 of 21
21. Water Improvement Plans. Prior to approval of the final map, the applicant/sub-
divider shall submit Water Improvement Plans, including a Water Improvement
Phasing Plan, prepared by a California State Registered Civil Engineer to the
Assistant Utilities Director for review and approval. These plans shall include,
but shall not be limited to, the following water requirements: (UD)
_ 22. Domestic Water Improvements: The applicantisub-divider shall design the off-
site domestic water main connections and pipelines in accordance with City
water standards and American Water Works Association Standards, unless
otherwise determined by the Assistant Utilities Director. The applicant/sub-
divider shall connect to an existing water main in Calle Arroyo easement for the
public segment of the proposed off-site water main including the fire line,
domestic water meter, and backflow prevention devices on the project property.
On site water facilities including fire hydrants shall be privately operated and
maintained by the applicant/sub-divider. (UD)
_ 23. Tirador Well Water Line: the existing well water line shall be replaced and
relocated on the Street "A" in order to be connected in to the existing well water
line on Calle Arroyo or on to the segment of the existing line located along the
westerly property line parallel to the 1-5 Freeway. (UD)
24. Recycled Water Line: The development will construct its recycled water meter
to serve common HOA irrigation areas, at the intersection of Calle Arroyo and
Paseo Tirador for future connection to planned recycled water facilities.
25. Well Water Meter: The existing domestic water meter for the Well site is off of
the City main line which this segment after the proposed master meter for the
development will become private water main. City will not pay more than actual
water usage of the well site to the development once the City water meter is off
of the development private water line. (UD)
26. Street Improvement Plans. Prior to approval of the final map, the
applicant/subdivider shall submit to the City Engineer for review, and shall
obtain approval of, street improvement plans prepared by a Registered Civil
Engineer. These plans shall show all existing and proposed improvements
including, but not limited to, traffic calming devices, striping, signage,
signalization, storm drain, sewer, water, and all related appurtenances. The
street improvement plans shall conform to the following requirements: (PW)
a. Local Streets. All local streets within the project shall have a minimum curb -to -
curb width as specified by Municipal Code Section 9-4.527.
b. Catch Basins and Gutters. For street sections with grades less than or equal
to five percent, the maximum distance between catch basins shall not
exceed one 1000 feet. For streets sections with grades greater than five
U percent, the maximum distance between catch basins shall not exceed 750
feet. Catch basins shall be designed so that there is no driveway within 20
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Tirador Residential Proiect Pace 8 of 29
feet upstream of the catch basin and such that the basin will function as
anticipated. Cross gutters shall not be allowed at street intersections if a
storm drain is within 300 feet. Any deviation shall require the City Engineer's
review and approval.
c. Design Speeds for Streets. Street improvement plans shall be designed per
City standards. Arterial streets shall be designed for a minimum design
speed of 35 miles per hour (mph) and sight distances of 45 mph at all
intersections. All other streets shall have design speeds and sight distances
of 25 and 35 mph, respectively, and shall be designed to the satisfaction of
the City Engineer.
d. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk
or parkway which reduces the width to less than four feet, in compliance
with the American with Disabilities Act (ADA) requirements.
27. Street Lights. Street lights shall be provided, with Mission Bell fixtures on
marbelite poles. Any exception or deviation from the above requirements shall
be subject to review and approval by the City Engineer.
28. Traffic Improvement Plans. Prior to approval of the final map, the
applicant/subdivider shall submit a Traffic Improvement Plan (including at those
locations outlined in the MMRP) for all streets within the subdivision prepared
by a California State Registered Traffic Engineer or Civil Engineer to the City
Engineer for review and approval. These plans shall show the striping, signage,
signalization and all related appurtenances. Accompanying Traffic Control
Plans shall be required prior to commencement of any street improvement work.
Any exception or deviation to the above requirements shall be subject to review
and approval by the City Engineer. (PW&UD)
_ 29. Construction Cost Estimates. Prior to approval of the final map, the
applicant/subdivider shall submit an estimate of quantities and construction
costs of all proposed Works of Improvements (e.g.
Street/Sewer/Water/Drainage/Landscaping Irrigation etc.) associated with this
development prepared by a California State Registered Civil Engineer pursuant
to the City requirements to the City Engineer and Assistant Utilities Director for
review and approval. Said estimates shall include, but not be limited to, the costs
for construction of all on-site and off-site improvements for street, signing and
striping, traffic signals, street lights, storm drains, water, sewer, landscape,
irrigation systems, recreational trails, and the setting of survey monuments and
centerline ties. Labor cost of all cost estimates of facilities that will be dedicated
to the City for operation and maintenance shall comply with the California Labor
Code Section 1720-1743 with respect to the prevailing wages. Any exception to
or deviation from this condition shall be subject to review and approval by the
City Engineer and Assistant Utilities Director. (PW & UD)
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Tirador Residential Proiect Page 7 of 21
_ 30. Bonding and Securities. Prior to approval of the final map, the
applicant/subdivider shall execute a Subdivision Improvement Agreement with
the City and shall provide performance bonds/securities for 100 percent of each
estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials
Testing, Inspection, Construction Management, Surveying, etc.), as prepared
by a Registered Civil Engineer and approved by the City Engineer, Assistant
Utilities Director and City Attorney for all onsite and offsite improvements
including, but not limited to, street improvements, signing, signalization, striping
and street lights, storm drains, sewer, water, recreational trails, landscaping and
irrigation in rights-of-way, private slopes, and open space. In addition, the
applicant/subdivider shall provide labor and materials bonds/securities for 100
percent of the above estimated improvement costs, inclusive of the associated
soft costs, as determined by the City Engineer. Labor cost of all improvements
to be dedicated to City as public facilities to operate and maintain shall be per
prevailing wages rate per California Labor Code Section 1720-1743. An
additional bond, as determined by the City Engineer, shall be required for street
maintenance purposes to ensure the conditions of all local driveways/streets
within the subdivision, including the offsite emergency access road, are
acceptable to the City Engineer. (PW)
_ 31. OCFA Flow Demands. Prior to approval of the final map, the applicant/sub-
divider shall obtain from the Orange County OCFA Authority (OCFA) the
required fire flow demands and fire protection requirements to serve the
development within that final map and shall provide evidence of satisfactory
`--� OCFA flow. (UD)
32. Dedication of Water Facilities and Water Rights. Prior to approval of the final
map, the applicant/sub-divider shall dedicate on the final map, at no cost to the
City, all public water facilities, water rights and 20 feet wide unencumbered lot
(lettered lot), to the City for project improvements. (UD)
33. Public Facility Easements and Permits Obtained by Developer on Behalf of the
City of San Juan Capistrano. Prior to approval of the final map, the
applicant/sub-divider shall demonstrate to the satisfaction of the public utilities
purveyor that public facilities, such as drainage, sewer, and water, can be
designed and constructed to serve the needs of the property. Public Facilities,
to the extent practicable, shall be located within the right-of-way, or common
roadways. Public Facilities on private property will be by Easement and use
standard restrictions on the surface and subsurface use of the land articulated
utilizing Utilities Division 2016 Easement Deed Template. Public Facilities not
in roadway shall be in lettered lots dedicated to the City. In addition, easements
shall be 20 -foot wide, with a 12 -foot wide all weather road (decomposed granite
or better), without unpassable grade changes, and be connected to a road on
public Right of Way; or linked to another similarly constructed easement. Any
exception shall be subject to review and approval by the City Engineer and
Assistant Utilities Director. (PW & UD)
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Tirador Residential Proiect Pape 8 of 21
34. Tentative Map Compliance and Closure Calculations. Prior to approval of the
final map, the applicant/subdivider shall submit to the City Engineer and
Assistant Utilities Director for review, and shall obtain approval/recordation of,
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. Any exception or deviation to the above requirements shall be
subject to review and approval by the City Engineer. (PW & UD)
35. Homeowners Association -Maintained Improvements. Prior to approval of the
final map, the applicant/subdivider shall indicate on the final map that all
improvements, including but not limited to, streets, drainage, street lights, street
signage, striping improvements, the water quality best management practices
identified in the Water Quality Management Plan (WQMP), parks, graded
slopes, landscaping, and irrigation facilities within the interior of the subdivision
owned by the Homeowners Association, shall be maintained by the master
association and/or sub -association or shall make other provisions for
maintenance to be approved by the City. (PW)
36. Prior to approval of the final map, the applicant/subdivider shall submit a precise
grading plan(s) prepared by a California State Registered Civil Engineer to the
Development Services Director for City review and approval by the City
Engineer, Assistant Utilities Director, and Building Official. The precise grading
plan(s) shall be consistent with the approved rough grading plan and the
approved Tentative Tract Map.
37. Dedications and Maintenance Responsibility. Prior to approval of the final map,
the applicant/subdivider shall indicate on the final map, to the satisfaction of the
City Engineer, all appropriate dedication and access rights, stating their
purposes and their maintenance responsibilities. (PW & UD)
38. CC&Rs. Prior to approval of the final map, the applicant/subdivider shall submit
for review, and shall obtain the approval of, the Development Services Director,
City Engineer, Public Works & Utilities Director, and City Attorney, a set of
Covenants, Conditions and Restrictions (CC&Rs). Said CC&Rs shall be
recorded with the final map and shall include, but not be limited to, the following:
a. Creation of a Homeowners Association and/or a Sub -Association for the
purpose of providing for control over the uniformity of boundary fencing, and
the perpetual maintenance responsibility of areas including, but not limited
to, all common areas, open space, project entries, slopes, fuel modification
zones, private medians and greenbelts, private parks, irrigation systems,
landscaped areas, walls, driveways, parking areas, structures, private
streets, street lights, drainage facilities, and all other areas to be owned and
maintained by the Homeowners Association and/or Sub -association. All
improvements, including but not limited to, streets, restoration of enhanced
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pavement over the public water and sewer facilities after repairing of said
facilities by the City, drainage, street lights, street signage, striping
improvements, parks, graded slopes, landscaping, and irrigation facilities
within the interior of the subdivision designated as private shall remain
private and shall be maintained by the Homeowners Association and/or
Sub -association, or shall make other provision for maintenance, as
approved by the City Council.(PW)
b. The establishment of setback and height requirements for additions and
accessory structures that conform to the development standards of the
San Juan Capistrano Land Use Code. (DSD)
c. A statement indicating that proposed amendments to any of the CC&Rs
which impact, change or modify any Conditions of Approval, or other City
regulations or requirements, shall be submitted for review to the
Development Services Director and that, if the Director determines that the
amendment adversely affects any project conditions of approval or other
City regulations or requirements, the amendment will then require City
Council approval prior to the amendment becoming valid. (DSD)
d. OCFA prevention and defense provisions including: 1) an OCFA lane
map, if required by the OCFA Chief; 2) provisions which prohibit parking in
OCFA lanes and a method of enforcement; 3) a method for keeping OCFA
protection access easements unobstructed; and 4) a requirement for
approval of the OCFA Chief for modifications such as installation of speed
humps or bumps, control gate changes, or parking changes. (OCFA)
e. Provisions for maintenance by the homeowners association of the water
quality best management practices identified in the Water Quality
Management Plan (WQMP), of all private drainage facilities, including
retention/detention basins, that are made a part of the National Pollutant
Discharge Elimination System (NPDES) permit issued by the City, and for
inspection of basins annually. The HOA shall have a line item in the annual
budget for the implementation of the required operations and maintenance
identified in the approved Water Quality Management Plan. (PW)
f. A provision that gives the City the right to assume inspection and
maintenance of any NPDES facilities, if the City determines that the
homeowners association has not maintained said facilities in accordance
with the permit requirements, and that, in such event, the homeowners
association shall be financially responsible to pay City for the costs the City
incurs in such maintenance role. (PW)
g. A provision that requires City approval of any amendment to the CC&Rs that
will, in any manner, affect the maintenance, function, or integrity of NPDES
facilities. (PW)
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h. A statement indicating that by July first of every year, annual fiscal year reports
will be furnished to the City in compliance with the reporting requirements of
codes and ordinances adopted by the City with respect to the NPDES
program. (PW)
A provision requiring that all landscape contractors properly train their field
crews so as to prevent improper pruning/trimming or ornamental
maintenance of the California native plants, and providing an enforceable
penalty which the HOA may impose on the landscape contractor for violation
of this provision including but not limited to replacement of plant material with
comparably sized new plant material. (PW)
A provision that the homeowners association (HOA) would be responsible for
the cost of replacement and restoration of any enhanced paving or stamped -
concrete removed by the City for the purpose of maintaining, replacing,
repairing, or otherwise conducting work on underground utilities including
but not limited to waterlines, sanitary sewer lines, and storm drainage lines
within the proposed private streets. (UD)
k. A provision that the homeowners association (HOA) would be responsible for
the cost of maintenance, replacement, and/or restoration of the multi -use
trail along the southern boundary of the development.
I. A provision that the homeowners association (HOA) will require that prior
to completing any landscape improvements on the property, the
applicant/owner shall submit a preliminary landscape plan to the
homeowners association's Architectural Review Board for review and
approval and shall meet the following standards:
Front yard and side yards visible from the street shall be landscaped
with a drought tolerant and California -friendly plant palette as approved
by the City.
Failure of any lot owner to comply with these landscape provisions shall
be deemed a violation of the Conditions, Covenants & Restrictions
(CC&Rs) and shall be punishable accordingly under the violations &
penalties section of the CC&Rs
39. Submission of Digital Map. Prior to recordation of the final map, the
applicant/subdivider shall submit for review, and shall obtain approval from the
Orange County surveyor, of a digitized map pursuant to Orange County
Ordinance 3809 of January 28, 1991. The applicant/subdivider shall pay for all
cost of said digital submittal, including supplying digital copies to the City, of the
final County Surveyor approved digital map in DXF format. In addition, the
applicant/subdivider shall provide the City with digitized copies of all
improvement (as -built) plans. (PW&UD)
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40. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval of the
final map, the applicant/subdivider shall submit concurrently with the
Street/Sewer/Water/Drainage Improvement Plans, all Electrical, Gas,
Telephone and Cable Television installation plans to the City Engineer for
review and approval, to ensure compatibility with existing and proposed
improvements. All utility lines with junction structures shall be underground. Any
deviation from these requirements shall be subject to prior City Engineer review
and approval. (PW&UD)
41. Public Facility Easements to be in Lettered Lots Maintained by HOA. Prior to
approval of the final map, the applicant/subdivider shall demonstrate to the
satisfaction of the City Engineer that public facilities, such as drainage, sewer,
and water, are designed to be located within the right-of-way. Any deviation
shall require prior authorization from the City Engineer and Utilities Engineer. If
facilities are proposed in easements, said facilities shall be placed in lettered
lots easements with minimum 20 -foot wide paved maintenance road and their
surfaces shall be maintained by the Homeowner's Association. Any exception
shall be subject to review and approval by the City Engineer and Utilities
Engineer. (PW&UD)
42. After transfer of a portion of APN 666-131-08, City property, per separate
agreement, the developer's property and the acquired property shall be merged
together to create one larger, developer's property.
_ 43. The Tract Map shall identify u � LOT Bo u � ," and LOT A with clear indications of
which area is designated the lot.
44. The tract map shall include the following labels:
a. 0.14 -acre northern portion of APN 666-131-08 shall be identified as
"PROPERTY OWNED BY CITY OF SAN JUAN CAPISTRANO TO BE
TRANSFERRED TO DEVELOPER PER SEPARATE AGREEMENT"
b. Proposed property line to separate 0.14 -acre northern portion from APN
666-131-08 shall be identified as "LIMITS OF FUTURE FINAL TRACT
(FUTURE TRACT BOUNDARY AFTER TRANSFER, PER SEPARATE
AGREEMENT)"
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S):
_ 45. Payment of Fees. Prior to issuance of grading or right-of-way improvement
permits, the applicant/subdivider shall pay all applicable fee requirements in
accordance with the City Municipal Code, as last revised and the City Schedules
of Rates and Charges, as last revised. (PW&UD)
46. Permits Required. Prior to the commencement of any grading or construction
activity not provided for in previously approved permits, a permit shall be
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required. All improvement work, whether performed on-site or off-site, shall
require a permit to ensure the integrity and safety of all existing and proposed
improvements affected by construction activities. (PW & UD)
_ 47. Public Trail Access. Prior to commencement of any grading or construction
activity, the developer shall construct a temporary trail that maintains public trail
accessibility through the project site during project grading and construction and
is contingent upon the following requirements:
a. The temporary trail must be constructed and be operational prior to closing
the existing trail to the public;
b. The temporary trail location shall be along the southern boundary of the
development site adjacent to San Juan Creek;
c. The temporary trail must have an asphalt surface;
d. The temporary trail shall not be less than 10 feet in width to provide adequate
space for two-way public use, however, if necessary, some sections of the
trail can be reduced to 8 -feet in width with City staff approval;
e. Prior to construction of the temporary trail, the developer shall submit a
temporary trail signage plan for City review and approval;
f. The temporary trail may be closed for a maximum of three months to allow
for construction of the new permanent public trail. During this 3 -month time
period, an alternative 8 -foot wide asphalt public trail through the project site
shall be provided by the developer unless the following circumstances
prevent the construction of said alternative trail:
L The developer demonstrates to City staffs satisfaction that adjoining
property owners are not willing to grant temporary access easements to
allow a temporary trail to traverse their property; or
ii. The developer demonstrates to City staffs satisfaction that alternative trail
alignments through the development site during construction are unsafe
for trail users.
g. If an alternative trail through the project site cannot be provided during the
3 -month construction of the permanent public trail, the developer shall
submit a trail detour plan, prepared by a registered engineer, for the City's
review and approval that routes trail users around the project site by using
the public streets of La Novia Avenue, San Juan Creek Road, and Camino
Capistrano.
48. Encroachment Permit Haul Route. A Public Encroachment Permit is required
for a Haul Route for any import/export of earth material in excess of fifty (50)
cubic yards to or from the site. Prior to the commencement of hauling earth to
or from the site, applicant shall, if applicable, submit the Haul Route for review
and approval by the City Engineer. (PW)
49. Grading Plans. Prior to issuance of grading or right-of-way improvement
permits, the applicant/subdivider shall submit the required number of copies of
grading plans prepared by a California State Registered Civil Engineer to the 17
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Development Services Director for City review and approval by the City
Engineer for the entire project site. Such plan shall be in substantial
conformance with the grading concept shown on the approved Tentative Tract
Map.
Following City approval of the rough grading plan, and prior to approval of the
final map, the applicant/subdivider shall submit a precise grading plan(s)
prepared by a California State Registered Civil Engineer to the Development
Services Director for City review and approval by the City Engineer and Building
Official. The precise grading plan(s) shall be consistent with the approved rough
grading plan and the approved Tentative Tract Map.
These plans shall conform to the City and Orange County grading plan
standards and depict, at minimum, all existing features, the limits of grading, the
drainage, retention/detention basins, sewer facilities, water facilities, existing
easements and right-of-way boundaries, trails, parkways, streets and all
appurtenant improvements. The extent of the topography shall be extended
sufficiently beyond the tract's boundaries to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond with
the Orange County benchmark datum. All drainage design must depict proper
conveyance to the on-site street or a City approved drainage facility with
appropriate pre-treatment facilities or Best Management Practices (BMP) in
place pursuant to the National Pollutant Discharge Elimination System (NPDES)
permit requirements.
All grading plans shall be subject to review by a third -party geotechnical
consultant retained by the City to ensure geotechnical stability to the satisfaction
of the City Engineer. (DSD, PW & UD)
50. Grading Access and Haul Route Plan. Prior to issuance of grading or right-of-
way improvement permits, the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of: (PW)
a. An on-site plan showing location of the access point, for the earth moving
and grading equipment and for workers vehicles entering and exiting the site.
b. An off-site haul route plan for soil importation/exportation circulation and for
heavy construction related deliveries. The haul route plan shall specify the
dates and times and headways for hauling activities in compliance with all
applicable City standards. The City Engineer may require a security deposit
in conjunction with approval of the haul route plan.
c. Prior to commencement of haul activities, the applicant shall obtain a Haul
Route Permit and pay required fees.
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51. All existing and proposed easements as listed on the TTM shall be shown on
grading plans and disposition of the existing easements in respect to the
proposed development shall be determined. If an easement is to be quitclaimed,
a copy of the quitclaimed document shall be provided to the City Engineer.
52. Erosion & Sediment Control Plans. Prior to issuance of grading or right-of-way
improvement permits, the applicant/subdivider shall submit an
Erosion/Sediment Control Plan for the regulation and control of pollutant run-off
by using Best Management Practices (BMPs), prepared by a California State
Registered Civil Engineer to the City Engineer for review and approval. The plan
shall show all temporary and permanent erosion control devices, effective
planting of graded slopes, practical accessibility for maintenance purposes and
proper precautions and fences to prevent public trespass onto certain areas
where impounded water may create a hazardous condition. A Stormwater
Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and
the project shall be issued a WDID number through the Regional Water
Resources Control Board and the project downloaded into the SMARTS
program.
In order to control pollutant run-off, the applicant/sub-divider shall demonstrate
to the satisfaction of the City Engineer that all water quality best management
practices shall be designed in accordance with the National Pollutant Discharge
Elimination System (NPDES) standards, and the requirements of California
Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-
0009 (as amended by 2010-0014-DWQ and 2012-0006-DWQ) and City
guidelines and regulations, and shall show evidence satisfactory to the City
Engineer that a permit has been obtained. (PW)
_ 53. General Construction Permit. Prior to issuance of grading or right -of- way
improvement permits, the applicant/subdivider 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 development/
construction activity in excess of one acre of land. Evidence that this
requirement has been met shall be submitted to the City Engineer. (PW&UD)
54. Water Quality Management Program.
a. Prior to issuance of a grading permit, the applicant/subdivider shall submit
concurrently with the grading plans, erosion control plans, and drainage plans
a Final Water Quality Management Program (WQMP), as prepared by a
California State Registered Civil Engineer, to the City Engineer for review and
approval. All erosion and sediment control measures as specified in said
approved WQMP shall be implemented during the grading operation to the
satisfaction of the City Engineer. (PW)
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55. Drainage Improvement Plans. Prior to issuance of grading or right-of-way
improvement permits, the applicant/subdivider shall submit Drainage
Improvement Plans as prepared by a California State Registered Civil Engineer
to the City Engineer for review and approval. The Drainage Improvement Plans
shall be specific to the project, and be consistent with the City's Drainage Master
Plan. These plans shall show locations of all existing and proposed facilities.
Detention/retention basins shall be designed to accommodate the 100 -year
storm flow with engineered secondary overflow devices. An engineered
secondary overflow shall also be provided for storm drain systems designed
with sump conditions to preclude flooding of private properties. All drainage
must be conveyed to the on-site street or a City approved drainage facility.
If an existing downstream drainage facility, whether it is a storm drain pipe, an
open drainage channel, or an inlet basin, is inadequate or does not meet current
City standards or, in the opinion of the City Engineer, is unsafe to properly carry
the existing discharge and the proposed discharge generated by this project,
the applicant/subdivider shall then, at applicant/subdivider's cost, design and
implement alternative methods of improvement for properly conveying such
discharge, free of debris, in a manner acceptable to the City Engineer. Any
deviation from these requirements shall be subject to City Engineer review and
approval. Every proposed drainage system shall be placed within its proper
easement and appropriately dedicated.
The base of all slopes over ten feet in height located within 20 feet of a street
section or which are adjacent to another lot shall be provided with toe drains or
other drainage devices approved by the City Engineer, in order to prevent water,
mud or debris from damaging or flowing onto such streets or lots. (PW)
56. Trash Enclosure and Waste Management. Prior to issuance of a grading permit
applicant shall submit plans and details showing enclosed and covered (Solid
Roof) trash and waste management areas/bins. Trash enclosure space shall
accommodate refuse, recycling, and organic waste collection containers and
meet requirements per CalRecycle AB 1826 and SB 1383, and CalGreen
Building Code Chapter 5, Section 5.410. Trash enclosures shall have a drain
connected directly to the sanitary sewer system.
Trash and waste and asbestos management plans shall be approved by the
Utilities Department, Solid Waste and Recycling Division. Applicant shall also
provide a written approval letter from CR&R for trash and waste and asbestos
management areas and haul off plans. Sufficient access shall be provided to
allow solid waste handling truck access and turning radii.
57. Connection to Public Drains must be Documented and Filed. Prior to issuance
of grading or right-of-way improvement permits, the applicant/subdivider shall
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demonstrate to the satisfaction of the City Engineer that any proposed
connections to an existing public drainage system, from on-site drains, must be
approved by the City Engineer and Orange County Flood Control District (as
applicable). All documentation and revisions to existing plans, where points of
connections are permitted, shall be provided and submitted by the applicant's
engineer at applicant's expense, prior to acceptance of improvements and
release of performance securities. (PW&UD)
58. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading or
right-of-way improvement permits, the applicant/subdivider shall submit to the
City Engineer for review, and shall obtain approval of, a program complying with
the requirements of the California Integrated Waste Management Act of 1989
to reduce construction and demolition debris through recycling. (PW)
_ 59. Soils/Geology. Prior to issuance of grading or right-of-way improvement
permits, the applicant/subdivider shall submit to the City Engineer, Assistant
Utilities Director, and Building Official for their review, and shall obtain approval
of, a Soils Report/Geotechnical Feasibility Study prepared by a Registered
Geologist and Soils Engineer to determine the seismic safety and soils stability
of all proposed development improvements for the project and any affected
adjacent properties and to provide preliminary pavement sections and
substructure bedding/backfill recommendations. (PW&UD)
60. Mitigation of Drainage and Grading Problems. Prior to issuance of grading or
right-of-way improvement permits, the applicant/subdivider shall adhere to the
following conditions during the entire grading and construction operation: (PW)
a. If any drainage problem is anticipated or occurs during construction, the
applicant/subdivider shall provide and implement a solution acceptable to the
City Engineer, at no cost to the City, and shall submit a recorded instrument
to ensure the durability of the solution.
b. Any grading work beyond the limits of grading shown on the approved grading
plans shall require a written approval from the City Engineer and shall be
subject to a supplemental Geotechnical Soils Report and additional fees.
_ 61. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic Calculations.
Prior to issuance of grading or right-of-way improvement permits, the
applicant/subdivider shall submit a Drainage Plan which includes the Hydraulic
/Hydrology calculations as prepared by a California State Registered Civil
Engineer to the City Engineer for review and approval. The Drainage Plan shall
show existing and proposed facilities, provide for acceptance of historic
drainage from adjacent upstream properties, show hydraulic and hydrology
studies and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
affecting existing downstream drainage system. Said study shall be consistent
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with the City's Master Drainage Plan and in accordance with all applicable City
regulations, Orange County Hydrology and Orange County Public Works design
J criteria and requirements. (PW)
62. Construction Phasing and Mitigation Program. Prior to issuance of grading or
right-of-way improvement permits, the applicant/subdivider shall prepare and
adhere to a Construction Phasing and Mitigation program, approved by the
Development Services Director and Building Official containing, but not limited
to, the following controls: (PW & DSD)
a. Grading:
1. Comply with California Code of Regulations Title 8 Section 1529,
Asbestos, for removal and disposal of existing water line on the site. (UD)
2. Haul route for the movement of on and off-site of heavy earth -moving
equipment.
3. Location of assembly and storage/service areas for heavy earth -moving
equipment and limits of hours of operation.
4. Control of worker access to site, including hours of work, limits on noise
sources, and dust and soil import/export.
5. Compliance with environmental mitigation measures, including stockpiles
and dust impacts.
6. A schedule and the method of performing the grading, stockpiling and
u
construction of all improvements in each phase.
b. Enforcement:
1. The Development Services Director and City Engineer may modify the
Construction Phasing and Mitigation Program as they deem necessary if
on-site observations indicate that construction activities are creating a
nuisance to adjacent property.
2. The applicant/subdivider shall hire a project enforcement person
approved by the City Engineer to ensure compliance with the Construction
Phasing and Mitigation Program.
3. Violation of the City -approved "Construction Phasing and Mitigation
Program" shall be subject to enforcement action pursuant to Section 9-
1.201, Violations and Penalties of the Title 9, Land Use Code.
63. Design of Water Facilities. Prior to issuance of grading permits, the
applicant/subdivider shall design all domestic and non-domestic water facilities
in compliance with City water standard specifications. If a water improvement
phasing plan is to be implemented, the phasing plan shall be submitted with the
improvement plans to the Assistant Utilities Director for review and approval.
(UD)
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64. Property Transfer. Developer shall execute all documents to obtain ownership
of the northern portion of APN 666-131-08 as depicted in the approved
Purchase and Sales Agreement and the acquired property shall be
incorporated into the project's grading plan. (PW)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
_ 65. Federal Emergency Management Agency (FEMA) Compliance. Prior to the
issuance of any Building Permits applicant shall receive approval from FEMA
for a Conditional Letter of Map Revision based on Fill (CLOMR-F) or a
Conditional Letter of Map Revision (CLOMR) whichever is applicable and
required per FEMA. Architectural and structural plans shall be prepared in
accordance with the most recent version of the City of San Juan Capistrano
Floodplain Management regulations, all NFIP and FEMA floodplain
requirements, and FEMA Title 44 Chapter I Part 60 requirements including but
not limited to Subparagraphs 60.3(c)(3)(ii) and 60.3(c)(4) of the NFIP
regulations. (PW)
_ 66. Development Plans. Prior to issuance of the first building permit for each
development phase, the applicant/subdivider shall submit development plans to
the Development Services Director for City review and approval. Plans to be
reviewed shall be as applicable to the particular development phase under
review and, in general, shall include grading plans (unless previously approved i
by the City), final site and landscape plans, park plans (if applicable to the
development phase), architectural elevations, wall/fence plans, project entry
and gate plans, sample material boards, and other plans as specified by the
Development Services Director. Landscaping plans shall provide at least one
street tree per residential lot. Final plans shall be in substantial compliance with
preliminary plans approved as part of the development review process. (DSD)
_ 67. Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in
accordance with a schedule in the Subdivision Improvement Agreement to be
executed in conjunction with City approval of the first final map, the
applicant/subdivider shall pay fees, in the amount prescribed by the City Council
at the time of issuance, as required by the CCFP, at issuance of each building
permit. (PW)
_ 68. Public Water and Sewer Plans. The applicant/subdivider shall submit Public
Water and Sewer improvement Plans to the Utilities Department for City review
and approval. (UD)
69. Water Availability. Prior to the issuance of any building or grading permits by
the Development Services Department, the applicant/developer shall consult
with the Utilities Department to determine the availability of water for their project
i
and will secure a final "will serve" water capacity allocation. (UD)
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70. Completion of Water Facilities. Prior to issuance of building permits for each
building phase, the applicant/subdivider shall complete the construction of all
domestic and non-domestic water (irrigation) facilities as indicated and required
to serve the subject project in compliance with the City Municipal Code and the
City water standards, and American Water Works Association Standards. Any
exception to, or deviation from this condition shall be subject to review and
approval by the Assistant Utilities Director. (UD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY:
71. Affordable Housing Requirement. The applicant/subdivider shall meet the
General Plan Housing Element's affordable housing requirement by either (1)
prior to the issuance of a "Certificate of Occupancy" for each market rate
dwelling unit, paying an in -lieu housing fee to the City pursuant to Section 9-
5.103, "Housing in -lieu fee" of Title 9, Land Use Code in effect at that time; or,
(2) prior to the issuance of the 1 st building permit for a market rate dwelling unit,
providing for the development of a minimum of 10% of the total number of units,
totaling fourteen (14) units as affordable housing units subject to a City -
approved and recorded Affordability Agreement restricting the rental and/or sale
of such units to qualifying "low income" and/or "very -low income" households for
a period of not less than ten (10) years. The applicant/subdivider shall be
responsible for securing the required planning application approvals for the
development of such affordable housing, and shall secure the required building
permits prior to the issuance of the 1 st building permit for any market rate
housing units, and shall complete construction and secure all "Certificates of
Occupancy" for the affordable housing units prior to the issuance of any
"Certificates of Occupancy" for the market rate units. (DSD)
72. Monumentation. Prior to issuance of a certificate of occupancy for the 1 st home
within the project (other than model homes), the applicant/subdivider's surveyor
shall set monuments related to the subject property(ies) and re-establish any
damaged or destroyed monumentation during construction. Monumentation,
street centerline ties and appropriate corner records shall be submitted to the
City Engineer and filed with the County Surveyor in compliance with AB 1414
and Sec. 8771 of the Business and Professions Code. (PW&UD)
73. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy for the 15t home within the project (other than model
homes), or prior to acceptance of the Works of Improvements and release of
the performance and labor and materials securities by the City, whichever
occurs first, the applicant/subdivider shall complete, to the satisfaction of the
City Engineer, all Works of Improvements as defined within the Subdivision
Improvement Agreement and related plans required of this development and
u necessary to serve the development, including any required off-site
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improvements, in accordance with the City approved Construction Phasing and
Mitigation Program, the approved Improvement Plans, and approved
exceptions at the sole cost of applicant. (PW&UD)
_ 74. Installation of Landscaaina and Irrigation System. Prior to issuance of a
certificate of occupancy for the first home within each development phase
(other than model homes), the applicant/subdivider shall submit a letter to the
Development Services Director, signed by a Registered Landscape Architect,
stating that all materials for all landscaped areas have been installed in
accordance with the approved plans for each development phase, and shall
demonstrate to the satisfaction of the Development Services Director that all
landscaped areas have been landscaped per the approved landscape and
irrigation plans. The applicant shall provide as -built landscape and irrigation
plans that identify all deltas (changes) to the Utilities Engineering and
Development Services. (DSD & UD)
75. Water Qualitv Manamement Plan (WQMP) Operations and Maintenance
Recordation. Prior to issuance of a certificate of occupancy for the first home,
the applicant/subdivider shall provide proof of recordation of the WQMP
Operations and Maintenance section of the Water Quality Management Plan.
(UD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE
OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES:
76. Provide "Record Drawing"/"As-Built" Molars. Prior to acceptance of the Works
of Improvements and release of performance ' securities, the
applicant/subdivider shall submit Record Drawings of all on-site and off-site
Works of Improvements (e.g. Water/Sewer/Drainage/Street/Irrigation/
Landscape, etc.) to the City Engineer and Utilities Engineer for review and
obtain approval for the reproducible "Record Drawing"/'As-Built" mylar plans
that call out any deviations from the approved signed plans of all the
improvement works constructed and completed. Said "Record Drawings"/'As-
Built" mylar plans shall be prepared by a California State Registered Civil
Engineer. Also, the applicant/subdivider shall submit digital copies of all Record
Drawings, at no cost to the City, in accordance with the latest edition of the "City
of San Juan Capistrano Digital Submission Standards". (PW&UD)
_ 77. Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of Works of
Improvements and release of performance and materials and labor securities,
the applicant/subdivider shall submit a videotape, or video file, filmed in the
presence of a City Staff representative/inspector, of all sewer and drainage
improvements to the City Engineer & Assistant Utilities Director for review and
approval. The videotape/video file shall become the property of the City.
(PW&UD)
Resolution 20-07-21-02 Conditions of Approval
Tirador Residential Project Page 21 of 21
78. Private fire hydrants within the development shall be painted in RED color. (UD)
THE FOLLOWING CONDITIONS SHALL BE MET CONTINUOUSLY DURING
CONSTRUCTION AND PRIOR TO ISSUANCE OF ANY CERTIFICATE OF
OCCUPANCY:
79. Compliance With Mitigation and Monitoring Program. At all times relevant,
Applicant shall comply with the Mitigation Monitoring Program ("MMRP")
adopted in connection with FEIR SCH No. SCH# 2019050015 in connection
with the Project.
68. Compliance with OCFA protection conditions. The applicant or responsible party
shall submit the plan(s) listed below to the Orange County Fire Authority for
review. Approval shall be obtained on each plan prior to the event specified.
a. Prior to issuance of a precise grading permit:
fuel modification plan (service code PR124)
fire master plan (service code PR145)
o Note: Determine the required fire flow and provide a current
water availability form signed by a water district representative
showing that the available fire flow is greater than or equal to
the required fire flow.
o Note: The fire access roads may not exceed a 10% (5.7
degree) grade.
b. Prior to issuance of a building permit:
e fire sprinkler system (service codes PR405)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD -Building & Safety Division
PW: Public Works Department
UD: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Date:
Signature -Authorized Representative
Watt Communities
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