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PC Resolution-20-06-09-04PC RESOLUTION NO. 20-06-09-04 ADDENDUM TO MND FOR THE FARM SPECIFIC PLAN TENTATIVE TRACT MAP (TTM) 19-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION (MND) AND APPROVAL OF TENTATIVE TRACT MAP (TTM) 19063; THE FARM, FOR A NEW 169 SINGLE- FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 35 ACRES THAT COMPRISE TENTATIVE TRACT MAP (TTM) 19063 LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17, 121-182-53) (APPLICANT: ANDREW HAN, LENNAR)(THE FARM). Whereas, Andrew Han of Lennar Homes of California, Inc, 15131 Alton Parkway, Suite 365, Irvine, CA 92618 (the "Applicant"), has requested approval of Tentative Tract Map (TIM) 19-002; Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit (SP) 19-032, and Tree Removal Permit (TRP) 19-041 to allow the development of a 169 single-family detached, residential home subdivision on 35 acres that comprise Tentative Tract Map (TIM) 19063, The Farm located at 32382 Del Obispo Street, which is General Plan-designated Specific Plan/Precise Plan (SP/PP) and classified as Specific Plan/Precise Plan (SP/PP) on the Official Zoning Map and regulated by The Farm Specific Plan (SP 2018-1) (collectively, the "Project"); and, Whereas, Virginia A. Germann, successor trustee of the C. and I. Vermeulen Revocable Trust dated May 14, 1990 and Vermeulen Ranch Center, LLC, a California limited liability company, 55 Poppy Hills Road, Laguna Niguel, CA 92677, are the owners of real property located at Assessor's Parcel Numbers 121-182-17, 121- 182-53; and, Whereas, on June 11, 2018, the City Council approved a General Plan Amendr.nent to the land use designation (GPA 16-001 ), Code Amendment (CA) 18-004 and approved The Farm Specific Plan (SP 18-001 ), and a Development Agreement; and, Whereas, the Project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code, and Title 9 (Land Use), Chapter 4 (Subdivisions), Article 2 (Tentative Maps); and, Whereas, on May 15, 2018, pursuant to the California Environmental Quality Act (Pub. Res. Code § 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs. § 15000 et seq.: "State CEQA Guidelines"), the City Council adopted a Mitigated Negative Declaration for The Farm Project (SCH#2018031031) (the "MND"); and, PC Resolution 20-06-09-04 2 June 9 2020 Whereas, the MND adequately addressed and mitigated the potential environmental impacts associated with The Farm project, which included a Specific Plan for a residential community for 180 single-family units; and, Whereas, the MND was not legally challenged and thus is presumed valid in accordance with Public Resources Code section 21167.2 and section 15367 of the State CEQA Guidelines {Cal. Code Regs., tit. 14, § 15000 et seq .); and, Whereas, the City is the lead agency for purposes of the Project pursuant to Public Resources Code section 21067; and, Whereas, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an MND has been approved, the lead agency is required to prepare an addendum to a previously approved MND if some changes or additions to the MND are necessary but none of the conditions described in State CEQA Guidelines section 15162 calling for preparation of a subsequent MND have occurred; and, Whereas, the City's Environmental Administrator evaluated the Project by preparing an Addendum and based on that Addendum and all other information in the administrative record has determined that none of the circumstances identified in State CEQA Guidelines section 15162 have arisen as a result of the Project, and that an Addendum to the Final MND forThe Farm Project (SCH# 2018031031) is appropriate to analyze the reasonably foreseeable environmental impacts of the Modified Project; and, Whereas, the Addendum to the MND is attached to the Planning Commission's June 9, 2020, staff report; and, Whereas, the Addendum has been provided to and has been reviewed by the Planning Commission in connection with the previously approved MND, which is available for inspection at City Hall and on the City's website, and are incorporated herein by reference; and, Whereas, pursuant to State CEQA Guidelines section 15164, subdivision (c), the Addendum is not required to be circulated for public review, but can be attached to the adopted MND; and, Whereas, the Design Review Committee (DRC) reviewed the plans on September 26, 2019, January 23, 2020, March 12, 2020, and May 14, 2020 and recommended that the item move forward to the Planning Commission; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on June 9, 2020 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments; and, PC Resolution 20-06-09-04 3 June 9 2020 Whereas, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, as follows: SECTION 1. The above recitations are true and correct and adopted as the findings of the Planning Commission. SECTION 2. Compliance with the California Environmental Quality Act. As the advisory body for the Project, the Planning Commission has reviewed and considered the Addendum to Final MND (SCH#2018031031) for The Farm Project. The Planning Commission finds, and recommends the City Council find, that the Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project. The Planning Commission further finds, and recommends that the City Council find, that Addendum and the administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City's Local CEQA Guidelines. The Planning Commission further finds and determines, and recommends that the City Council find and determine, that the Addendum reflects the City's independent judgment. SECTION 3. Findings Regarding Environmental Impacts. Based on the substantial evidence set forth in the record, including but not limited to the Addendum, the Planning Commission finds, and recommends that the City Council find, that an addendum to the MND is the appropriate document for disclosing the minor changes and additions that are necessary to assess the potential environmental impacts of the Project. The Planning Commission finds, and recommends that the City Council find, that none of the conditions under State CEQA Guidelines section 15162 requiring the need for further subsequent environmental review have occurred because the Project as described in the Addendum: a) does not constitute a substantial change that would require major revisions of the previous mitigated negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b) does not constitute a substantial change with respect to the circumstances under which the Project is undertaken which will require major revisions to the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and c) does not contain new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous negative declaration was adopted showing any of the following: (i) the Project would have one or more significant effects not discussed in the previous negative declaration; (ii) significant effects previously examined would be substantially more severe than shown in the negative declaration; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the project proponent declined to adopt such measures; or (iv) mitigation measures or alternatives considerably different from those analyzed in the previous negative declaration that PC Resolution 20-06-09-04 4 June 9, 2020 would substantially reduce one or more significant effects on the environment, but which the project proponent declined to adopt. SECTION 4. Adoption of Addendum to the Final MND for The Farm Project fSCH#20180310311. The Planning Commission hereby recommends that the City Council approve and adopt the Addendum to the Final MND for The Farm Project (SCH#2018031031 ). SECTION 5. Approval of TTM. With regards to Tentative Tract Map (TTM) 19063, the Planning Commission does hereby make the following findings as established by Section 9-4.223 of Title 9, Land Use Code of the City of San Juan Capistrano, and the State Subdivision Map Act. 1. The proposed map is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the General Plan designates the project site, "Specific Plan/Precise Plan" and which is governed by The Farm Specific Plan approved by the City Council in June 2018 governs development of the project site. Consistency with the Specific Plan ensures consistency with the City's General Plan. The Farm Specific Plan designated the site for single-family residential with a maximum of 180 dwelling units; and whereas the proposed project includes 169 single-family residential lots. Tentative Tract Map (TTM) 19063 has been reviewed and determined consistent with The Farm Specific Plan, which at the time of adoption was determined consistent with the City of San Juan Capistrano General Plan. 2. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan because The Farm Specific Plan established development standards, design guidelines, and requirements for community amenities. The proposed plan of 169 single-family residences includes a 0.5-acre park accessible to the public (Harvest Park), a 0.5-acre private recreation facility, and a community trail open to the public. The single-family residential lots include a mix of lot sizes and a mix of single-story and two-story structures. The community design utilizes two different lot configurations; one has 50'/52' by 88 .5', and another has 55' by 104'/106'. The proposed plans have been reviewed and determined consistent with the development standards and design guidelines presented in The Farm Specific Plan. Furthermore, Tentative Tract Map (TTM) 19063 has been reviewed and determined that the community design, including project entry locations, backbone streets, public trail, public park, and private recreation facility are consistent with The Farm Specific Plan and City of San Juan Capistrano General Plan. 3. The site is physically suitable for the type of development because The Farm Specific Plan designated the site for single-family residential with a maximum of 180 dwelling units; and whereas the proposed project includes 169 single-family residential lots. Tentative Tract Map (TTM) 19063 has been reviewed and determined consistent with The Farm Specific Plan, which at the time of adoption was determined consistent with the City of San Juan Capistrano General Plan. PC Resolution 20-06-09-04 5 June 9 2020 4. The site is physically suitable for the proposed density of development because the proposed density of 169 single-family residential lots is less than the maximum density of 180 lots established in The Farm Specific Plan•: The Mitigated Negative Declaration (MND) for The Farm Specific Plan adopted by the City on June 11, 2018 determined the maximum density of 180 units is physically suitable for the site. Since the proposed project is less dense, the same finding of suitability is appropriate. Furthermore, Tentative Tract Map (TTM) 19063 has been reviewed and determined physically suitable for the proposed density of development based on the adoption and associated findings of Mitigated Negative Declaration (State Clearinghouse No. 2018031031) and Addendum No. 1 to the Mitigated Negative Declaration. 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 on June 11, 2018, the City of San Juan Capistrano adopted a Mitigated Negative Declaration (MND) for The Farm Specific Plan and filed a Notice of Determination on June 14, 2018. The adoption of the MND determined the project site physically suitable for development ·and with implementation of mitigation measures no significant impacts to the environment, including fish and wildlife habitat, would occur. Tentative Tract Map (TTM) 19063 was further reviewed pursuant to CEQA and as a result of minor changes associated with the proposed project, an Addendum to the adopted MND was prepared. The Addendum determined Tentative Tract Map (TTM) 19063 would not cause any new or more severe impacts and no new mitigation measures are required, and no significant impacts to fish and wildlife habitat would occur. 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 no public access easements exist on the subject property, therefore, Tentative Tract Map (TTM) 19063 would not conflict with existing easements that would restrict public access. The proposed project includes a public access easement for the trail along the spine road and the 0.5-acre Harvest Park. 7. In assessing the feasibility of passive or natural heating or cooling opportunities in the proposed subdivision design, the applicant has prepared and submitted materials which consider the local climate, contours, configuration of the parcel(s) to be subdivided and other design and improvement requirements. Providing for passive or natural heating or cooling opportunities will not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in effect at the time the tentative map was filed. The lot layout of the subdivision has taken into consideration the maximizing of the north/south orientation. The topography of the site has been considered in the maximization of passive or natural heating and cooling opportunities. In addition, the applicant has designed the project with consideration for building construction techniques, such as overhanging eaves, location of windows, insulation, exhaust fans; planting of trees for shade purposes and the height of the buildings on the site in relation to adjacent development. PC Resolution 20-06-09-04 6 June 9 2020 8. That the design of the subdivision or type of improvements is not likely to cause serious public health problems because the proposed subdivision, and subsequent improvements, are subject to the provisions of the San Juan Capistrano Municipal Code (e.g., the Land Use Code) and the California Building Code. Other health ahd safety related requirements, as mandated by law, would apply where applicable to ensure the public health and welfare (e.g., asbestos abatement, seismic safety, flood hazard management). The project is not located on a hazardous materials site, flood hazard area, nor is it located on a site having unsuitable soil conditions. The project would not place any occupants or residents near a hazardous materials site or involve the use or transport of hazardous materials or substances. The area surrounding the property is fully developed with similar uses indicating that sewers and other services are available and adverse impacts to the public health or safety are not likely to occur as a result of the design and improvement of the site. Therefore, the design of the subdivision and the proposed improvements are not likely to cause serious public health problems. SECTION 6. The Planning Commission hereby recommends City Council approval of Tentative Tract Map (TTM) 19063 for the entire Project, subject to those conditions approval which are attached hereto as Exhibit "A" and incorporated herein. SECTION 7. Notice of Determination. The Planning Commission directs City staff to prepare, execute, and file a Notice of Determination with the Orange County Clerk within five (5) working days of the City Council approval of the Modified Project. SECTION 8. Custodian of Records and Location of Documents. The MND and the Addendum are on file and available for public review at City Hall, located at 32400 Paseo Adelanto, San Juan Capistrano, California. The custodian of the record of proceedings is the Development Services Director. 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. RESOLUTION #: 20-06-09-04 EXHIBIT A CONDITIONS OF APPROVAL Project#: Tentative Tract Map (TTM) 19-002; Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit (SP) 19-032, and Tree Removal Permit (TRP) 19-041 Project Name: The Farm (Lennar) APPROVAL DATE: Pending City Council Approval 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. These conditions are organized by chronological order in the development process as well as responsible City Department. The responsible department is noted in parenthesis after each condition. The applicant is subject to the requirements and provisions of Development Agreement (DA) No. 18-001. When in conflict, the terms of the Development Agreement shall prevail. Tentative Tract Map (TTM) 19-002; Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit (SP) 19-032, and Tree Removal Permit (TRP) 19-041; The Farm: a gated 169-unit residential subdivision located at 32382 Del Obispo Street (APN 121-182-17, 121-182-53) General Conditions: 1. The above referenced entitlement approvals are granted for a residential development. This approval is granted based on the application materials submitted by Lennar Homes of California, Inc., including a tentative tract map, architecture, grading, utilities, landscape, lighting, and sign permit dated June 1, 2020. These plans and the proposed use of the site are approved as submitted and conditioned herein and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved tentative tract map, and which do not intensify or change the use or require any deviations from City Code may be approved by the Development Services Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (151h) day after the date of the Planning Commission's approval. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 2 of 27 2. Approval of this application does not relieve the applicant from complying with other applicable Federal , State, County, and City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. 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 Council, Planning Commission, or City Planner. 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. 5. 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 Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. 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, then the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes , or any public nuisances arising or occurring incidental to the establishment or operation. 8. 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 3 of 27 agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. All applicable approvals with an exception of approvals of water and sewer improvements, and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases or release of securities, as specified in these conditions. Approval of water and sewer improvements and inspections shall be on file with the Utilities Department or other water and sewer utility purveyor. 10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery 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. 11 . Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 12. The applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. 13. The applicant shall request approval from the City for any deviation from the approved plans. 14. As part of the TTM development, the applicant has submitted various preliminary technical studies, including a Preliminary Drainage Study, Preliminary Sewer Study, Preliminary Water Quality Management Plan, Water Study, Preliminary Geotechnical Evaluation and Design Recommendation, and Sewer Model Analysis. These preliminary studies have been reviewed by the City and found to be consistent with general industry engineering standards and practices. The development of the final improvement plans shall be consistent with the preliminary technical plans and reports and will be subject to review by City staff and third-party reviewers. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Pa e 4 of 27 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT: 15. 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 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. (DSD) 16 . Compliance with Map Act and Municipal Code. Prior to approval of the final map, the tract/parcel 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. (PW, UD) 17. Payment of Fees. The applicant/subdivider shall fulfill all applicable fee requirements prior to the granting of any approval, the issuance of any permit, or the taking of any other action requiring the payment of such fees in accordance with the Development Agreement 18-001, City Municipal Codes, as last revised, and the City Municipal Fee Schedules, as last adopted. The applicant/subdivider shall pay a park in-lieu fee in accordance with the provisions of Section 9-4.519, Parkland and Section 9-5.107, Parkland in-lieu fee of the Municipal Code for the lots in the final map. (PW&UD) 18. Storm Runoff. Hydraulic/Hydrology Calculations. Prior to approval of the final map, the applicant shall submit to the City Engineer for review, and shall obtain approval of, a Drainage Report and Water Quality Management Plan (WQMP) prepared by a Registered Civil Engineer. The applicant 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 all applicable City regulations, requirements, and Orange County design criteria, and standards. (PW) Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 5 of 27 19 . Soils/Geology. Prior to approval of the final map the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, any updates or amendments to the Soils Report/Geotechnical Feasibility Study as prepared by a Registered Geologist and Soils Engineer that was submitted prior to issuance of grading permits which provides further information that determines 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. The report shall identify opportunities or challenges for infiltration as required in the NPDES permit. Infiltration tests shall be performed per the County of Orange Technical Guidance document and results provided in the report. (PW&UD) 20. Grading Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer and Building Official for City review and approval, a rough grading plan for the entire project site. Such plan(s) shall be in substantial conformance with the grading concept shown on the approved tentative map. Following City approval of the rough grading plan(s), and prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, final precise grading plans prepared by a Registered Civil Engineer consistent with the approved rough grading plan. These plans shall show, at minimum, the limits of grading, the drainage, retention/detention basins, sewer, water, 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 must be conveyed to the street or a City approved drainage facility. 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.) 21 . Drainage Barrier Between Slopes and Streets. Prior to approval of the final map, the grading and street improvement plans shall show that all street sections located within 20 feet or less from the toe of a slope of 10 feet or more in height are protected from underground water seepage by prov1s1on of a positive drainage barrier system, at the applicant/subdivider's cost, in accordance with City Standard Drawing No. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 6 of 27 350. Any exception shall be subject to review and approval by the City Engineer. (PW) 22 . Erosion & Sediment Control Plans. Prior to approval of the final map, 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 concurrently with the related subdivision improvement plans. 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. In order to control pollutant run-off, the applicant/subdivider 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. R9-2009-0002 and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PW&UD) 23. Drainage Improvement Plans and Reports. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer and Utilities Assistant Director for review and shall obtain approval of Drainage Improvement Plans and Reports specific to the project, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Detention/retention basins shall be designed to accommodate the 100- year storm flow with engineered secondary overflow devices. A secondary overflow may be also provided for storm drain systems designed with sump conditions to preclude flooding of private properties. All proposed street catch basins shall be lined with curb inlet filters or equal devices which meet the National Pollutant Discharge Elimination System (NPDES) requirements and the City Engineer. Storm drain junction structures and catch basins shall be provided with access manholes as deemed necessary by the City Engineer and Utilities Assistant Director. All drainage must be conveyed to the street or a City approved drainage facility. If, due to the increased flows directly caused by the Project, 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Pa e 7 of 27 current City standards or, in the opinion of the City Engineer and Utilities Assistant Director, is unsafe to properly carry the existing discharge and the proposed discharge generated by this project, the applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvement for properly conveying such discharge, free of debris, in a manner acceptable to the City Engineer and Utilities Assistant Director. 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 residential lots shall be provided with concrete 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&UD) 22 . 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 and Utilities Assistant Director 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 Assistant Director. 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. Lot 76 has been approved by the Utilities Department to have a 19-foot wide easement. Any other exception shall be subject to review and approval by the City Engineer and Utilities Assistant Director. (PW&UD) 23. 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 and Utilities Assistant Director 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) 24. Sewer Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the and Utilities Assistant Director for review, and shall obtain approval of, sewer improvement plans prepared by a Registered Civil Engineer. These plans shall be specific to the Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 8 of 27 project and shall reflect consistency with the City Sewer Master Plans, City Standards Plans and Specifications, and City Municipal Codes. Any deviation from these requirements shall be subject to prior Utilities Assistant Director and City Engineer review and approval. (PW&UD) 25 . Water Improvement Pla ns. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review and shall obtain approval of water improvement plans including a water improvement phasing plan, prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City Water Master Plans, the City Water Standards Plans and Specifications, and City Municipal Codes. Any deviation from these requirements shall be subject to prior Utilities Assistant Director and City Engineer review and approval. (PW&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, flood control, 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. Gated Entries. Streets that serve as gated entries shall be designed wide enough and in accordance with Municipal Codes 8-13.101 et seq. to accommodate such improvements in conformance with City standards. The minimum number of lanes at the call box, entering into the project, is two with a minimum width of 14 feet each. The minimum number of lanes at the call box, exiting the project, may be one with a minimum width of 16 feet. The design of the radius/turn- around shall be wide enough to handle large turning radius delivery vehicles. The minimum distance, from the projection of the cross- street curb face to the call box shall be a minimum 100 feet. The City accepts the 92-foot setback for the gated entrance at the Via Positiva entrance in accordance with traffic study conducted by LLG . Any deviation to these requirements shall require a special authorization from the City Engineer. c. Street Widths. All street widths within the project site shall be 36 feet from flow line to flow line including the Farm Road with four-foot Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 9 of 27 sidewalk on both sides. The Farm Road shall have a four-foot sidewalk on the opposite of the street where the multi-use is constructed. d. Curb Heights. A four-inch rolled curb shall be constructed on all residential streets; a six-inch standard curb shall be constructed on both sides of Farm Road. e. Traffic Improvements. The application/sub-divider shall furnish and install a traffic signal at the intersection of Del Obispo and primary entrance to the project and signal synchronization between the project driveway and Via Vermeulen. The traffic signal at Alipaz Street and Via Positiva shall be modified to accommodate the widening of the west side of Alipaz Street. f. Curb returns Curb returns shall have a 25-foot radius to accommodate a trash and fire truck and to construct an ADA ramp. Any deviation from the standard 25-foot radius shall be approved by the City Engineer. g. 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 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. h. Design Speeds for Streets. Street improvement plans shall be designed per City standards. Arterial streets shall be designed for a minimum design speed of 50 miles per hour (mph) and sight distances of 50 mph at all intersections. The Farm Road design speed should be 35 MPH and all other local streets should have a design speed of 30 MPH. The final design speed shall be based on the intersection and roadway _ geometrics, sight distance, and shall be designed to the satisfaction of the City Engineer. · i. Sidewalks. Sidewalks shall be provided on both sides of all local residential streets where houses are constructed on both sides. Sidewalks shall be in compliance with the approved TTM and along the west side of Alipaz Street and eastside of Del Obispo Street directly adjoining the project site. Any deviation to such standards shall require a special authorization from the City Engineer. j. No Obstructions in Sidewalks. There shall be no obstruction in any Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 10of27 sidewalk or parkway which reduces the width to less than four feet, in compliance with the American with Disabilities Act (ADA) requirements. Exceptions to conditions (a) throughU) may apply provided they are in substantial compliance with the approved Tentative Tract Map and Specific Plan. 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/sub-divider shall submit a Traffic Improvement Plan for all off- site and on-site streets within the subdivision prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. These plans shall show the striping, signage, signalization, lane additions and all related appurtenances. Accompanying the 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 all on-site and off-site improvement plans, 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 etc .. ) associated with this development prepared by a California State Registered Civil Engineer pursuant to the City requirements to the City Engineer and Utilities Assistant 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 Utilities Assistant Director. (PW&UD) 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 11of27 costs (e.g. Materials Testing , Inspection, Construction Management, Surveying, etc .. ), as prepared by a Registered Civil Engineer and approved by the City Engineer, Utilities Assistant 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, public easements, 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. An additional bond, as determined by the City Engineer and Public Works and Utilities Director, shall be required for street maintenance purposes to insure the conditions of all local residential streets within the subdivision are acceptable to the City Engineer and to all affected HOAs until the last house is completed. (PW&UD) 31 . Fire Flow Demands. Prior to approval of the final map, the applicant/subdivider shall obtain from the Orange County Fire Authority (OCFA) the required OCFA fire flow demands and OCFA protection requirements to serve the development within that final map and shall provide evidence of satisfactory fire flow to OCFA and to the City Utilities Department (UD). 32 . Dedication of Water Facilities. Prior to approval of the final map, the applicant/subdivider shall dedicate on the final map, at no cost to the City, all public water facilities, water rights, and the required easements not less than 20 feet wide unencumbered lot (letter lot) easements, to the City for project improvements. (PW&UD) 33 . Tentative Map Compliance and Closure Calculations. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a final map in substantial compliance with the approved tentative map. Said map shall be accompanied with traverse closure calculations, a plotted American Land Title Association (AL TA) survey and an updated Title Search Report. Any exception or deviation to the above requirements shall be subject to review and approval by the City and Utilities Assistant Director. (PW&UD) 34. Homeowners Association-Ma intained 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 12 of 27 (WQMP), parks, graded slopes, landscaping, and irrigation facilities within 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) 35 . 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) 36. Street Easements Prior to approval of the final map, the applicant/sub- divider shall dedicate on the final map, 42-feetof public right-of-way from the centerline of Alipaz Street between the northerly project boundary and Via Positiva. 37. Public Utility Easements Prior to approval of the final map, the applicant/sub-divider shall dedicate on the final map, a seven-foot public utility easement on both sides of the residential streets, except the Farm Road. 38. Trail and Bikeway Dedications. Prior to approval of each final map, the applicant/subdivider shall dedicate a 20 foot-wide multi-use trail on the Farm Road to be shown as a lettered lot on the final map. Trail shall be designed to City trail standards, improve, and dedicate, at no cost to the City, the trails listed below and shall show the easement dedications on the final map. Any deviation from the trail requirements shall be subject to prior review and approval by the City Engineer. (PW.) Trails shall be improved, and easements dedicated to the City for all public hiking, equestrian and bicycle trails located within parcels belonging to the HOA or within parcels which are privately owned. Trails within existing or proposed City-owned parcels and/or open space do not require separate trail easements. Said dedicated trails shall include: The applicant/subdivider shall construct all street and trail improvements within the preceding dedications in accordance with the applicable City Standards and Trail Design Manual or to the satisfaction of the City Engineer, subject to the limitations imposed by outside agencies for habitat preservation and/or by mitigation requirements, as approved by the City Engineer. City standard trail fencing shall be installed, except as otherwise required by state or federal resource agencies. Also, wire Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 13 of 27 fencing in open space areas may be substituted upon approval by the City Engineer. The applicant/subdivider shall adhere to the requirements of the Development Agreement. When a conflict arises between the conditions and requirements set forth in the Development Agreement, the Development Agreement requirements shall take precedence. 39. 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, Utilities Assistant 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 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 14 of 27 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) a 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. Criteria for maintenance of and prohibition of building construction or ornamental landscaping within private drainage facility easements and slopes within the project by the HOA. (PW) f. A Soils Subsidence Remediation Program consistent with the Title 9, Chapter 3, Article 5, Section 9-3.545, Soils Subsidence Remediation of the Municipal Code. (PW) g. 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) h. A provision that gives the City the right to assume 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) 1. 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) j. 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 15 of 27 requirements of codes and ordinances adopted by the City with respect to the NPDES program. (PW) k. 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) I. 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) m. 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. 40 . 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) Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 16 of 27 41 . Off-Site Circulation Improvement Requirements (If Applicable). In accordance with the schedule in the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the final map, the applicant/subdivider shall design and construct and be 100 percent responsible for the cost of the off-site improvements established in the Mitigation Monitoring Reporting Program (MMRP) to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicant/subdivider at no cost to the City. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW) 42. Off-Site Circulation Improvement Requirements Subject to Partial Reimbursement (If Applicable). 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 final map, the applicant/subdivider shall design and construct and be initially responsible for all the cost of certain off-site improvements established in the Mitigation Monitoring Reporting Program (MMRP) to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicant/subdivider at no initial cost to the City. The City, upon a written request from the applicant/subdivider, will enter into a reimbursement agreement to partially repay the applicant/subdivider in accordance with the provisions of the Capistrano Circulation Financing Program (CCFP). However, if any of these improvements are constructed by another party, the applicant/subdivider shall pay for the project's pro-rata "fair share" of the cost of the design and construction of the street, intersection and traffic signal improvements to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way acquisition, based on the proportion of traffic generated by the project, as determined in a City-approved traffic study. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 17 of 27 The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer, Utilities Assistant Director, and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer and Utilities Assistant Director. (PW&UD) The following conditions of approval shall be met prior to issuance of any grading and/or right-of-way/encroachment improvement permit(s): 43. Pay Fees and Post Sureties. Prior to issuance of a grading permit, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code and the Utilities Department fee schedule, as last revised, and post bonds/securities for 100 percent of each estimated improvement cost associated with grading, drainage, and erosion control within the private property as well as any improvement within the public right of way to ensure satisfactory performance of proposed improvements, as prepared by a Registered Civil Engineer and approved by the City Engineer and Utilities Assistant Director for improvements including, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, private slopes, open space, on-site and off-site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street, and all appurtenant improvements. Rough grading permits may be issued prior to fulfilling surety requirements for work performed within the public right of way provided the work in the public right of way is approved under a separate permit issued subsequent to fulfilling surety requirements related to that permit. (PW, UD) 44. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and 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.) 45. Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously approved permits, a permit shall be required. All improvement work, whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 18 of 27 existing and proposed improvements affected by construction activities. (PW) 46. Grading Plans. Prior to issuance of a rough or precise grading and 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 (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) 47. Grading Access and Haul Route Plan. Prior to issuance of grading and 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's and for workers vehicles entering and exiting the site. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 19of27 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. 48. Erosion & Sediment Control Plans. Prior to issuance of grading and right- of-way improvement permits, the applicant/subdivider shall submit an Erosion/Sediment Control Plan for the regulation and control of construction 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. In order to control pollutant run- off, the applicant/subdivider 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. R9-2009-0002 and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PW&UD) 49. General Construction Permit. Prior to issuance of grading and 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) 50 . Water Quality Management Plan. Prior to issuance of a rough grading permit, the applicant/subdivider shall submit concurrently with the rough grading plans, erosion control plans, and drainage plans a Water Quality Management Plan (WQMP), as prepared by a California State Registered Civil Engineer, to the City Engineer for review and approval. All erosion and Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 20 of 27 sediment control measures shall be implemented throughout the entire grading operation to the satisfaction of the City Engineer. (PW&UD) 51 . Miti.gation of Drainage and Grading Issues. The applicant/subdivider shall adhere to the following conditions during the entire grading and construction operation: (PW.) a. If any drainage issue 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 Engineering and Building Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. 52. Drai nage Reports. Prior to issuance of a grading and right-of-way improvement permit, the applicant/subdivider shall submit Drainage Reports as prepared by a California State Registered Civil Engineer to the City Engineer and Utilities Assistant Director for review and approval. The Drainage Reports shall be specific to the project and be consistent with the City's Drainage Master Plan. These reports 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. A secondary overflow shall be also 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 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 # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 21of27 The base of all slopes over ten feet in height located within 20 feet of a street section or which are adjacent to residential lots 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&UD) 53 . Connection to Public Drains must be Documented and Filed. Prior to issuance of grading and 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 storm drains, must be approved by the City Engineer and Utilities Assistant Director. 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) 54. Soils/Geology. Prior to issuance of a grading and right-of-way improvement permit, the applicant/subdivider shall submit to the City Engineer 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 and/or utility bedding/backfill recommendations. Report shall provide guidance on implementation of Low Impact Development as required under the NPDES permit. Infiltration test must be performed as described in the County of Orange Technical Guidance Document for the development of the Water Quality Management Plan. Said rReport must provide recommendations on opportunities or challenges for infiltration on site. (PW&UD) 55. Stormwater Management Plan . Hydraulic/Hydrologic Calcu lations . Prior to issuance of grading and right-of-way improvement permits the applicant/subdivider shall submit a Stormwater Management Plan (SWMP) which includes the Hydraulic /Hydrology calculations as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The SWMP 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. The study shall provide calculation showing compliance with the Hydromodification requirements of the NPDES permit. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 22 of 27 Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Works design criteria and standards. (PW&UD) 56. Construction Phasing and Mitigation Program. Prior to issuance of grading and right-of-way improvement permits, the applicanUsubdivider shall pay a cash qeposit for restoration and cleanup purposes in an amount to be determined by the Building official, and 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. Haul route for the movement of on and off-site of heavy earth-moving equipment. 2. Location of assembly and storage/service areas for heavy earth-moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil imporUexport. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. 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 applicanUsubdivider 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 23 of 27 Mitigation Program" shall be subjeCt to enforcement action pursuant to Section 9-1.201, Violations and Penalties of the Title 9, Land Use Code. 57. Design of Water Facilities. Prior to approval of precise grading permits, the applicant/subdivider shall design all domestic and non- domestic water facilities in compliance with City water standard plans and specifications. If a water improvement phasing plan is to be implemented, the phasing plan shall be submitted with the improvement plans to the City Utilities Engineer for review and approval. (UD) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY RESIDENTIAL BUILDING PERMIT(S): 58 . 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 affect 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 seventeen (17) 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 thirty (30) 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 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) 59. 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 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. Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 24 of 27 Final plans shall be in substantial compliance with preliminary plans approved as part of the development review process. (DSD) 60. Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in accordance with the schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the applicanUsubdivider shall pay fees, in the amount prescribed by the City Council at the time of issuance, as required by the CCFP at issuance of building permits. (PW) 61. Water Availability. Prior to the issuance of any building or grading permits by the Development Services Department, the applicant I 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) 62. Completion of Water Facilities. Prior to issuance of building permits for each building phase, the applicanUsubdivider shall complete the construction of all domestic and non-domestic water facilities as indicated, in compliance to City water standard plans and specifications, unless otherwise provided in the Water Improvement Phasing Plan. Any exception to, or deviation from this condition shall be subject to review and approval by the Utilities Assistant Director. (UD) 63. Mylar of Final Map. Prior to issuance of the 1st building permit, the applicanUsubdivider shall submit to the City Engineer a reproducible copy/Mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW&UD) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY CERTIFICATE(S) OF OCCUPANCY: 64. 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 Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 25 of 27 County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (PW&UD) 65 . Completion 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 and Utilities Assistant Director, all Works of Improvements as defined within the Subdivision Improvement Agreement and related plans required of this development and necessary to serve the development as they relate to the pt home, 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) 66. Installation of Landscapinq 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) 67. Traffic Signalization. Prior to issuance of a certificate of occupancy for the first home (other than model homes), the applicanUsubdivider shall begin installation of a new traffic signal at the project driveway on Del Obispo and Via Vermeulen. The applicanUsubdivider shall synchronize the new traffic signal with the existing traffic signal at Via Vermeulen. The Traffic Signal shall be constructed and completely synchronized prior to issuance of the 15th certificate of occupancy. Should any unforeseen conditions occur during the construction of the traffic signal improvements that would prevent the applicanUsubdivider from meeting this deadline, the applicant can be issued more than 15 certificates of occupancy prior to the completion of the traffic signal improvements if it can be demonstrated that 1) the applicanUsubdivider has initiated construction of the traffic signal improvements at least 6 months prior to the request for the first certificate of occupancy, 2) it can be demonstrated by the applicanUsubdivider to the satisfaction of the City that the unforeseen conditions that are causing the Resolution # 20-06-09-04 Project # TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 26 of 27 delay are beyond the control of the applicant/subdivider, and 3) the applicant/subdivider continues to make substantial progress towards the completion of the traffic signal improvements. All of the above requirements must be met to the satisfaction of the City Engineer. 68 . Street Improvements. Prior to issuance of a certificate of occupancy for the first home within each development phase (other than model homes), complete streets improvements, including street lights, sidewalks, curb and gutter on Del Obispo Street and Alipaz Street along the project frontage, Farm Road, residential street providing access to individual lots, and connect to Via Positiva. Remove existing driveway on Del Obispo Street, and repair any curb and gutter and/or sidewalk damaged during construction along Del Obispo Street, Alipaz, and Via Positiva. 69 . Water Quality Management Plan 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. (PW) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE, LABOR AND MATERIALSECURITIES: 70. Provide "Record Drawing"/"As-Built" Mylars. Prior to acceptance of the Works of Improvements and release of performance, labor and materials 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 Assistant Director 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" 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) 71 . 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, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage Resolution # 20-06-09-04 Project# TTM 19-002, The Farm Final Conditions of Approval Date: June 9, 2020 Page 27 of 27 improvements to the Utilities Assistant Director for review and approval. The videotape shall become the property of the City. (PW&UD) OCFA PROTECTION CONDITIONS: Plan Submittal: 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 approval of a tentative map or issuance of precise grading permit, whichever comes first; or, at the discretion of the planning department, prior to approval at public hearing if this precedes map approval or grading permit issuance: • fuel modification plan (service code PR124) Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading permit is not required: • 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. • gates (service code PR180) o Note: The entry gates must be set back at least 60-feet from the public streets. The plan appears to meet this requirement. Show the set-back distance on the plan. Prior to issuance of a building permit: • fire sprinkler system (service codes PR405) Responsible Department/Agencies: B&S UD DSD PW OCFA = Building and Safety = Utilities Engineering = Development Services = Public Works Engineering = Orange County Fire Authority Applicant Acceptance of Conditions of Approval: By: Andrew Han Date