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PC Resolution-20-06-09-01PC RESOLUTION NO. 20-06-09-01 Tentative Tract Map (TTM) 17-002 & Floodplain Land Use Permit (FP) 20-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFY THE TIRADOR RESIDENTIAL PROJECT FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2019110154) ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM, APPROVE TENTATIVE TRACT MAP (TTM) 17-002 AND FLOODPLAIN LAND USE PERMIT {FP) 20-001 FOR THE TIRADOR RESIDENTIAL PROJECT LOCATED AT 27000 CALLE ARROYO, CONTINGENT ON THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR THE PROJECT WHEREAS, Watt Communities (the "Applicant") is proposing the Tirador Residential Project ("Project"), a 16.1-acre residential project at 27000 Calle Arroyo, which is General Plan designated Planned Community and General Open Space and Zoned Planned Community, Comprehensive Development Plan 78-01 , Sector B-3. The Project entitlements required for the Project include, among other approvals, Floodplain Land Use Permit (FP) 20-001 and Tentative Tract Map (TTM) 17-002 to develop a 132- unit residential community; 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 three (3) lettered lots ranging in size from 20, 119 (0.46 acres) to 217,334 (4.99 acres) square feet and two numbered lots ranging from 192,802 (4.43 acres) to 266,295 (6.11 acres) square feet. The lots have been designed to accommodate the proposed 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 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, subsection (e); and WHEREAS, the Planning Commission has authority to review and make recommendations to the City Council regarding approval of tentative tract maps and floodplain land use permits; and WHEREAS, the Commission may recommend approval of a tentative tract map or floodplain land use permit if the corresponding findings can be made; and WHEREAS, the City prepared a Draft Environmental Impact Report ("Draft EIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The Draft EIR was made available to the public for review and comment for 45 days between March 4, 2020, and 6114 7 .80018\32994672.1 PC Resolution 20-06-09-01 2 June 9. 2020 April 17, 2020; and, WHEREAS, a Final EIR ("Final EIR") is being prepared and includes the Draft EIR, all technical reports prepared in connection with the Draft EIR, comments on the Draft EIR, responses to those comments, and all appropriate revisions to the Draft EIR; and WHEREAS, on May 28, 2020, the City gave notice of the Planning Commission's public hearing by advertisement in a newspaper of general circulation; and WHEREAS, the Planning Commission conducted a duly-noticed public hearing on June 19, 2020, to consider the proposed Project and its environmental findings, the EIR, and all evidence presented before and during the hearing and contained in the administrative record, and afforded members of the public an opportunity to comment upon the proposed Project and the EIR; and, WHEREAS, the Planning Commission has carefully considered the application, 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 FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does resolve, determine, find and order as follows: SECTION 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. SECTION 2. FINDINGS. The San Juan Capistrano Planning Commission hereby finds, based on consideration of the whole record before it, including the City's Local CEQA Guidelines, the Final EIR, the Project, and testimony heard at the public hearing, as follows: 1. Revi ew Period: The City provided a 45-day public review period for the Draft EIR; and 2. Compliance with Law: The Draft EIR was prepared, processed, and noticed in accordance with CEQA (Public Resources Code Section 21000 et seq.), the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq.) and the City's Local CEQA Guidelines. The Planning Commission recommends that the City Council certify the EIR; and 3. Independ en t Judgment: The Final EIR reflects the City's independent judgment and analysis; and 4. Mitigation Monitori ng Prog_ram: The Draft EIR includes mitigation measures to 61147.80018\32994672.1 PC Resolution 20-06-09-01 3 June 9 2020 reduce significant impacts of the Project. Therefore, the Planning Commission recommends that the City Council adopt the Mitigation Monitoring and Reporting Program (MMRP) in accordance with State CEQA Guidelines section 15097. The MMRP shall be designed to ensure compliance with mitigation measures during Project implementation in that changes to the Project and/or mitigation measures will be incorporated into the Project and fully enforceable through permit conditions, agreements or other measures. SECTION 3. LOCATION OF DOCUMENTS. The Final EIR and Project-related documents are on file and available for public review at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The City Clerk is the custodian of these documents. SECTION 4. TENTATIVE MAP FINDINGS. 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 Planning Commission 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 61147.80018\32994672.1 PC Resolution 20-06-09-01 4 June 9 2020 30 dwelling units per acre 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, 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 for 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. SECTION 6. FLOODPLAIN LAND USE PERMIT FINDINGS. 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 Planning Commission 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 61147.80018\32994672.1 PC Resolution 20-06-09-01 5 June 9 2020 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 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. 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. SECTION 6. ACTIONS. The Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council approve Tentative Tract Map (TTM) 20-001 and Floodplain Land Use Permit (FP) 18-001 for the Project, subject to the Conditions of Approval established by Exhibit A, attached hereto and incorporated herein, and contingent upon the City Council certifying the Final EIR for the Project. 61147.80018\32994672.1 PC Resolution 20-06-09-01 6 June 9 2020 SECTION 7. EFFECTIVE DATE & FINAL APPROVAL: This resolution takes effect on the expiration of the 15-day appeal period if no appeal application has been filed. The appeal period expires at 5:30 pm, Wednesday, June 24, 2020. This project approval is valid for a period of 12 months from the effective date of approval of this resolution, and it expires on June 24, 2021, unless a time extension request or building permit application related to this approval is submitted to the City prior to that date. SECTION 8. PROTEST OF FEES, DE DI CATIONS, 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 gth day of June, 2020. Harri Sergio otz, AICP, Assistant Development Services Director/Secretary 61147.80018\32994672.1 EXHIBIT "A" P .C. RESOLUTION 20-06-09-01 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: June 9, 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. Approval of these applications is contingent upon the City Council approving the FP 20-001 and TIM 17-002. If FP 20-001 and TIM 17-002 are denied by the City Council, the approval of the above referenced applications is deemed null and void. 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 modificatioris 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 2 of 21 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 Council, Planning Commission, or Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning 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 Saturday 7:00 a.m. to 6:00 p.m. 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 3 of 21 conditions of approval and all pertinent requirements in the San Juan 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 Development 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 4 of 21 duplicate existing development and street names in the City and are consistent with City Council policy 417. All approved street names shall be indicated on the Final Map. 17. Compliance with Map 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 applicant/subdivider'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) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 5 of 21 21. Water Improvement Plans. Prior to approval of the final map, the applicanUsub- 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 applicanUsub-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 applicanUsub- 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 applicanUsub-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 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 applicanUsubdivider 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 percent, the maximum distance between catch basins shall not exceed 750 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 6 of 21 feet. Catch basins shall be designed so that there is no driveway within 20 feet upstream of the catch basin and such that the basin will function as anticipated. Cross gutters shall not be allowed at street intersections if a storm drain is within 300 feet. Any deviation shall require the City Engineer's review and approval. 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 1720-17 43 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) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval 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 1720-17 43. 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) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 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 withir:i the interior of the subdivision owned by the 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 9 of 21 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 amendmentto the CC&Rs that will, in any manner, affect the maintenance, function, or integrity of NPDES facilities. (PW) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 10 of 21 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) 1. 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) j. A provision thatthe 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: • The HOA Architectural Review Board shall encourage front yard and side yards visible from the street to 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. Sub mission 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) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 11of21 40. Dry Utilities (Electric, Telephone, Cable lV, 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 "LOT 'B"' 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 AGREEEMNT" 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 12 of 21 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 provide a trail closure plan, identifying the approximate dates when the trail cannot be accessed by the public, and the proposed signage which will be posted to notify the public of the closure and alternative route. The developer shall maintain accessibility through the site to the greatest extent possible. 48. Encroachment Permit Haul Route. A Public Encroachment Permit is required for a Haul Route for any imporUexport 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 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 (NP DES) permit requirements. All grading plans shall be subject to review by a third-party geotechnical Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 13 of 21 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. 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) Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 14 of 21 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 Natlonal 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) b. Prior to issuance of grading permit, the applicant/subdivider shall submit a final WQMP as prepared by a California State Registered Civil Engineer to the City Engineer for review approval. (PW) 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. Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 15 of 21 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 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 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 to improvements and release of performance securities. (PW&UD) 58. Recycl ing/Reduce Debris Act of 1989 (C IWMA}. 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. Soi ls/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) Resolution 20-06-09-01 Tiradbr Residential Pro;ect Conditions of Approval Page 16 of 21 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 insure the durability of the solution. b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City 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 with the City's Master Drainage Plan and in accordance with all applicable City regulations, Orange County Hydrology and Orange County Public Works design 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 waterline 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. Resolution 20-06-09-01 Tirador .Residential Project Conditions of Approval Page 17 of 21 6. A schedule and the method of performing the grading, stockpiling and 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) 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 18 of 21 review and, in general, shall include grading plans (unless previously approved 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 Utilities Department for City review and approval. (UD) 69. Water Availabilitv. 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 and will secure a final "will serve" water capacity allocation. (UD) 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 1st 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 Resolution 20-06-09-01 Tirador Residential Project Conditions of Approval Page 19 of 21 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 1st 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 pt home within the project (other than model homes), the applicanUsubdivider'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. Com pletion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the 1st 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 applicanUsubdivider 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 necessary to serve the development, including any required off-site improvements, in accordance with the City approved Construction Phasing and Mitigation Program, the approved Improvement Plans, and approved exceptions, and at the sole cost of applicant. (PW&UD) 74 . Installation of Landscaping and Irrigation System. Prior to issuance of a certificate of occupancy for the first home within each development phase (other than model homes), the applicanUsubdivider 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 Quality Management Plan Operations and Maintenance Recordation . Prior to issuance of a certificate of occupancy for the first home, the applicanUsubdivider 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: Resolution 20-06-09-01 Tirador Residential Proiect Conditions of Approval Page 20 of 21 76. Provide "Record Drawing"/"As-Built" Mylars. 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) 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. 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. Resolution 20-06-09-01 Tirador Residential Project Prior to issuance of a building permit: Conditions of Approval Page 21of21 • 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: Signature-Authorized Representative Watt Communities Print Name & Title: Date: -------- -------------------------