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21-0601_LENNAR HOMES OF CALIFORNIA INCORPORATED_Agenda Report_E8City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Joe Parco, P.E., City Engineer Jeremy Hohnbaum, P.E., Senior Civil Engineer DATE: June 1, 2021 SUBJECT: Public Improvement Agreement for Off-Site Improvements Within Public Right-of-Way for Tract 19063 (The Farm, 169 Residential Lots) (Applicant: Lennar Homes of California Inc.) RECOMMENDATION: 1.Approve the Public Improvement Agreement for off-site improvements within the public right-of-way for Tract 19063 as it conforms to the requirements set forth in the approved Tentative Tract Map 19063 Conditions; and, 2.Authorize the City Manager to execute the proposed Public Improvement Agreement for the Farm Development Tract No. 19063 and accept the corresponding securities. EXECUTIVE SUMMARY: The Farm Development is comprised of Tentative Tract Map (TTM) 19063 with a total of 169 lots for the development of single-family detached homes on an existing 35-acre parcel. The development is located at 32382 Del Obispo Street, along the east side of Del Obispo Street and north of Via Positiva. A location map is included as Attachment 1.On July 7, 2020, the City Council approved a predecessor TTM 19063 by Resolution No. 20-07-07-01 (Attachment 2). As part of the TTM 19063 entitlement the project was conditioned to construct on-site and off-site improvements. The off-site improvements consist of the realignment of underground utilities as well as street and traffic improvements within Del Obispo Street and the intersection of Alipaz Street and Via Positiva. The off-site improvements will ultimately be owned and maintained by the City. 6/1/2021 E8 City Council Agenda Report June 1, 2021 Page 2 of 4 To minimize construction-related impacts with adjacent schools and residents, construction of the off-site improvements is being scheduled while schools are on summer break. Consequently, to expedite the off-site construction work for summer 2021, the applicant (Lennar Homes) has coordinated with City staff to develop the proposed Public Improvement Agreement (Attachment 3). The developer has also posted the proper bonds for construction surety and paid the appropriate engineering fees to the City. Additionally, prior to commencing work Lennar will be required to apply for an Encroachment Permit that ensures appropriate coordination, traffic control and inspection services for work within the public right-of-way. DISCUSSION/ANALYSIS: On July 7, 2020, the City Council approved a predecessor TTM 19063 by Resolution No. 20-07-07-01. The project requires both on-site and off-site improvements to be constructed to facilitate the proposed development. Since then, the 35-acre site was rough graded in anticipation of approval of the Final Map. The Subdivision Improvement Plans associated with the on-site and off-site public improvements have been reviewed by the City Engineer and were found to be in substantial conformance with the TTM 19063. However, to construct the improvements on Via Positiva and Alipaz Street while minimizing construction and traffic-related impacts with nearby schools and residents, construction is being advanced (and limited) from June 8 to August 16, 2021. This schedule coincides with summer break for the adjacent schools. Construction of public improvements associated with these kinds of subdivision developments typically occurs after approval of a Final Map and execution of a Subdivision Improvement Agreement (SIA). The SIA outlines project conditions required by the developer as well as bonding requirements for all associated improvements. In order to mitigate construction-related impacts to schools and adjacent residents, Lennar is requesting to commence work prior to completion of the Final Map. Consequently, a Public Improvement Agreement (PIA) was developed to cover the conditions and bonding requirements that would have been addressed in an SIA. Lennar has approved the PIA, posted the proper bonds, and paid the appropriate engineering fees to the City. Accordingly, staff is recommending that the City Council approve the proposed PIA for off-site improvements as it conforms to the requirements set forth in the approved Tentative Tract Map 19063 conditions. FISCAL IMPACT: The improvements to be constructed for this subdivision will be funded by the project applicant. The public streets and public utilities being improved were previously maintained by the City and will continue to be maintained by the City. There is no fiscal impact to the City related to the construction or operation and maintenance of the proposed improvements. The applicant has posted the appropriate bonds and has paid the engineering fees required for the public improvements. City Council Agenda Report June 1, 2021 Page 3 of 4 ENVIRONMENTAL IMPACT: This project has been reviewed in accordance with 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). A Mitigated Negative Declaration for The Farm Project (SCH#2018031031) (the MND) was prepared and found to adequately address and mitigate the potential environmental impacts associated with The Farm project, which included a Specific Plan for a residential community for 180 single-family units. The MND was not legally challenged and thus was 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.). The MND was approved and adopted by City Council on May 15, 2018 (Attachment 4). 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; however, none of the conditions described in State CEQA Guidelines section 15162 calling for preparation of a subsequent MND have occurred. 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 for The Farm Project (SCH# 2018031031) is appropriate to analyze the reasonably foreseeable environmental impacts of the Modified Project. The Addendum to the Final MND was adopted by the City Council on July 7, 2020 (Attachment 5). PRIOR CITY COUNCIL REVIEW: • On July 7, 2020, the City Council adopted an addendum to a MND and approved TTM 19063 for a new 169 single-family detached, residential home subdivision on 35 acres. • On June 11, 2018, the City Council approved a General Plan Amendment 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. • 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). 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. City Council Agenda Report June 1, 2021 Page 4 of 4 COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On June 9, 2019, the Planning Commission held a duly noticed public hearing to consider the project applications including the consideration of 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. As described in the attached June 9, 2020, Planning Commission staff report (Attachment 6), staff conducted a thorough analysis of the proposed project applications. In addition, the project’s potential environmental impacts were analyzed through the preparation of an Addendum to the Mitigated Negative Declaration prepared and adopted pursuant to CEQA when The Farm Specific Plan was initially approved. As a result of this thorough analysis, staff concluded that all necessary findings for approval of the requested entitlement requests could be made and, therefore, recommended approval of the project applications. The Planning Commission supported staff’s recommendation and adopted the attached resolutions (Attachment 7) approving the subject applications and recommending that the City Council approve the Applicant’s Tentative Tract Map. In approving the subject applications, the Planning Commission determined that the Applicant’s proposed project is consistent with the development standards of The Farm Specific Plan. NOTIFICATION: Brett Hamara, Lennar Brian Hixson, PROACTIVE Engineering Consultants Catherine Thompson, Principal, Marco Forster Middle School Andrew Freeman, Assistant Principal, Marco Forster Middle School Jose Pedraza, Principal, Kinoshita Elementary School Suzanne Heck, Principal, Del Obispo Elementary School ATTACHMENT(S): Attachment 1: Location Map Attachment 2: Resolution No. 20-07-07-01 Attachment 3: Proposed Public Improvement Agreement Attachment 4: Final MND Attachment 5: Final MND Addendum Attachment 6: June 9, 2020 Planning Commission Staff Report Attachment 7: Resolution No. 20-06-09-04 ATTACHMENT 1, PAGE 1 OF 1 LOCATION MAP ATTACHMENT 2, PAGE 1 OF 35 ATTACHMENT 2, PAGE 2 OF 35 ATTACHMENT 2, PAGE 3 OF 35 ATTACHMENT 2, PAGE 4 OF 35 ATTACHMENT 2, PAGE 5 OF 35 ATTACHMENT 2, PAGE 6 OF 35 ATTACHMENT 2, PAGE 7 OF 35 ATTACHMENT 2, PAGE 8 OF 35 ATTACHMENT 2, PAGE 9 OF 35 ATTACHMENT 2, PAGE 10 OF 35 ATTACHMENT 2, PAGE 11 OF 35 ATTACHMENT 2, PAGE 12 OF 35 ATTACHMENT 2, PAGE 13 OF 35 ATTACHMENT 2, PAGE 14 OF 35 ATTACHMENT 2, PAGE 15 OF 35 ATTACHMENT 2, PAGE 16 OF 35 ATTACHMENT 2, PAGE 17 OF 35 ATTACHMENT 2, PAGE 18 OF 35 ATTACHMENT 2, PAGE 19 OF 35 ATTACHMENT 2, PAGE 20 OF 35 ATTACHMENT 2, PAGE 21 OF 35 ATTACHMENT 2, PAGE 22 OF 35 ATTACHMENT 2, PAGE 23 OF 35 ATTACHMENT 2, PAGE 24 OF 35 ATTACHMENT 2, PAGE 25 OF 35 ATTACHMENT 2, PAGE 26 OF 35 ATTACHMENT 2, PAGE 27 OF 35 ATTACHMENT 2, PAGE 28 OF 35 ATTACHMENT 2, PAGE 29 OF 35 ATTACHMENT 2, PAGE 30 OF 35 ATTACHMENT 2, PAGE 31 OF 35 ATTACHMENT 2, PAGE 32 OF 35 ATTACHMENT 2, PAGE 33 OF 35 ATTACHMENT 2, PAGE 34 OF 35 ATTACHMENT 2, PAGE 35 OF 35 1 PUBLIC OFFSITE IMPROVEMENTS AGREEMENT SUBJECT: TENTATIVE TRACT MAP 19063, OFFSITE IMPROVEMENTS THIS PUBLIC OFFSITE IMPROVEMENTS AGREEMENT (the “Agreement”) is made this ____day of __________2021 between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, State of California, hereinafter referred to as “City” and LENNAR HOMES OF CALIFORNIA INCORPORATED whose mailing address is 15131 Alton Parkway, Suite 365, Irvine California 92618, hereinafter referred to as “Developer.” City and Developer may collectively be referred to as the “Parties” and individually as a “Party.” WHEREAS, Developer is the owner of that certain parcel of land located at 32382 Del Obispo Street along the east side of Del Obispo Street north of Camino Del Avion, in the City of San Juan Capistrano, Orange County, as described in more detail at Exhibit A attached hereto and incorporated herein by reference (the “Property”), on which Developer proposes to develop a 169 single-family detached, residential home subdivision on 35 acres (the “Project”) and construct and install certain works of public improvement. The Developer must also construct certain offsite improvements, as set forth in Exhibit B attached hereto and incorporated herein by reference (together, the “Offsite Improvements”); and WHEREAS, Developer’s tentative map application for development of the Property was conditionally approved by Resolution No. 20-07-07-01 and is currently valid and in force as Vesting Tentative Tract Map 19063 (“VTTM 19063”); and WHEREAS, Developer desires to subdivide the Property pursuant to VTTM 19063, the City’s Municipal Code, and the Subdivision Map Act (Government Code Sections 66410 to 66500) to accomplish development of the Project; and WHEREAS, Developer has not entered into a Subdivision Improvement Agreement with the City (“SIA”) and has not yet obtained approval from the City of a Final Map; and WHEREAS, due to timing constraints and to minimize the impacts to the adjacent school districts, the Developer desires to construct and install the Offsite Improvements before entering into an SIA or obtaining approval of a Final Map; and WHEREAS, the City does not object to such ordering of performance but desires to assure that the Offsite Improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano, California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, this Agreement will not subdivide the Property, but rather is being entered into as an accommodation by the City to Developer in anticipation of an expected (but not guaranteed) subdivision of the Property at a later date; ATTACHMENT 3, PAGE 1 OF 19 2 NOW THEREFORE, in consideration of the approval and acceptance by the City Council of Offsite Improvements offered for other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows: 1. General Requirements: Developer shall comply with all the conditions of approval set forth in City Council Resolution No. 20-07-07-01 for Tentative Tract Map 19063 as they apply to the Offsite Improvements and shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the Offsite Improvements, set forth in Exhibit "B", to the satisfaction of the City Engineer. Such Offsite Improvements shall include but not be limited to the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement. 2. Security: A. Developer shall, at all times beginning with the execution of this agreement, guarantee Developer's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said Offsite Improvements in the amount of 100% of the estimated cost of construction of the Offsite Improvements as shown in Exhibit "B"; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the Offsite Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 100% of the estimated cost of construction of the Offsite Improvements as shown in Exhibit "B"; and B. In order to guarantee and warranty the Offsite Improvements and in addition to the security instruments referenced in Paragraph 2(A) above, Developer shall, prior to the City Engineer’s acceptance of the Offsite Improvements and recordation of a Notice of Completion, provide to City a Warranty Bond for the Offsite Improvements warranting the accepted Offsite Improvements for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Offsite Improvements shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "B", or a suitable amount determined by the City Engineer. ATTACHMENT 3, PAGE 2 OF 19 3 (i) City Engineer shall release the Faithful Performance Bond upon Developer's written request following acceptance by the City Engineer of the Offsite Improvements and Developer's delivery to City of the Warranty Bond for Offsite Improvements. City Engineer shall release the Warranty Bond for Offsite Improvements upon Developer's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Developer's completing the Offsite Improvements, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Developer's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 2.2 Security Devices In-Lieu of Bonds. Subject to City’s approval, which may be withheld in the City’s sole discretion, Developer may elect to substitute an irrevocable letter of credit or certificate of deposit to secure all obligations under this Agreement and as otherwise specified to be secured by the Security Instruments. Such irrevocable letter of credit or certificate of deposit shall be provided on City approved forms. ATTACHMENT 3, PAGE 3 OF 19 4 3. Time of Completion: All of the Offsite Improvements shall be completed within twenty-four (24) months from the effective date of this Agreement (except for improvements within Via Positiva and Alipaz Street which shall be substantially completed by August 16, 2021). The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Developer. Developer shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Section 19 of this Agreement. In the event that Developer fails to complete the Offsite Improvements within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Developer, or its surety as herein provided. The City may require Developer, or its surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Offsite Improvements. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Developer's time for completion of the Offsite Improvements shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, epidemics, pandemics, material and labor shortages, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Developer or its contractor detailing the grounds for Developer's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Offsite Improvements (or separable portion thereof), Developer shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 4. [Reserved] 5. Utility Deposits - Statement: Prior to the commencement of any work to be performed under this Agreement, the Developer must file a written statement with the City Clerk and City Engineer, signed by the Developer, to the effect that Developer has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation to the Property. ATTACHMENT 3, PAGE 4 OF 19 5 6. Permits - Compliance with Law: Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction of the Offsite Improvements, give all necessary notices and pay all fees and taxes required by law. 7. Definitions and Ownership of Offsite Improvements: The term "Offsite Improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Developer subject to approval by the City Engineer. All offsite improvements not within the road right of way will be in an easement provided to the City by the Developer, prior to the City’s acceptance of work. No work on said offsite improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public offsite improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefor, upon acceptance of said Offsite Improvements by the City Engineer. 8. Obligations of Developer: Notwithstanding the fact that Developer's plans and specifications, completion of the Offsite Improvements, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Developer of satisfactorily performing said work or the related obligations hereunder. The construction of the Offsite Improvements shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Developer or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Developer warrants that its plans and specifications conform at a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. Developer shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Offsite Improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. ATTACHMENT 3, PAGE 5 OF 19 6 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of Offsite Improvement, which Developer shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable Offsite Improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Superintendence by Developer: Developer shall give personal superintendence to the Offsite Improvements, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Developer. In the event the Developer is not exercising satisfactory superintendence, the City Engineer may order suspension of all work on the Offsite Improvements until the deficiency is adequately corrected. 11. Repair and Replacements: Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Developer shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Developer shall pay the cost of inspections. City's ATTACHMENT 3, PAGE 6 OF 19 7 inspector shall have the authority to stop any and all work on the Offsite Improvements not in accordance with the requirements contained or referenced in this Agreement. The inspection of the Offsite Improvements work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Offsite Improvements shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Offsite Improvements will be considered as complete shall be that date on which the City Engineer accepts the Offsite Improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required Offsite Improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the Offsite Improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Developer, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and Developer's contractor(s). 14. Changes in the Work: The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in Section 2 of this Agreement, may order extra work or may make changes by altering or deleting any portion of the Offsite Improvements as specified herein or as deemed ATTACHMENT 3, PAGE 7 OF 19 8 necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Developer or Developer's contractor(s) in writing (by Correction Notice) at the time a determination has been made to require changes in the Offsite Improvements. No field changes performed or proposed by Developer or its contractor(s) shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Offsite Improvements have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Injury or Damage: Neither the City nor any of its officers or agents shall be liable to Developer or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Developer or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in connection with the Offsite Improvements or any part thereof. 17. Insurance, Indemnifications and Release: A. Commercial General Liability (i) The Subdivider shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies rated A- VII or better by AM Best. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: 1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage ATTACHMENT 3, PAGE 8 OF 19 9 (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. B. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Subdivider shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies rated A- VII or better by AM Best. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents additional insured status. (iv) Subject to approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self- insured retention. C. Workers’ Compensation/Employer’s Liability (i) Subdivider certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Subdivider has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Subdivider shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated ATTACHMENT 3, PAGE 9 OF 19 10 under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Subdivider shall require all subconsultants/subcontractors to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. D. Pollution Liability At all times during the performance of the work under this Agreement the Subdivider shall maintain Pollution Liability insurance, in a form and with insurance companies reasonably acceptable to the City and in an amount indicated herein and shall be written on a policy form coverage specifically designed to protect against any pollution generated by the Subdivider and it’s Contractors. E. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Commercial General Liability $7,500,000 per occurrence and in the aggregate. $10,000,000 aggregate limit for products/completed operations. Automobile Liability $5,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease Worker’s Compensation Statutory Limit Pollution Liability $5,000,000 per occurrence (ii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. F. Evidence Required Prior to execution of the Agreement, the Subdivider shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. G. Policy Provisions Required (i) Subdivider shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, ATTACHMENT 3, PAGE 10 OF 19 11 except that the Subdivider shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Subdivider shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Subdivider’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Subdivider shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Subdivider shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) Worker’s compensation insurance coverages shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, or shall specifically allow Subdivider or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Subdivider hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants/subcontractor. (v) Further the limits set forth herein shall not be construed to relieve the Subdivider from liability in excess of such coverage, nor shall it limit the Subdivider’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. H. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, that satisfy the following minimum requirements: 1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. I. Additional Insurance Provisions ATTACHMENT 3, PAGE 11 OF 19 12 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Subdivider, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Subdivider pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Subdivider or City will withhold amounts sufficient to pay premium from Subdivider payments. In the alternative, City may cancel this Agreement. (iii) The City requires evidence that the Subdivider and their Subcontractors have insurance policies in effect throughout the duration of the Project, and the City is named as an additional insured. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. J. The Developer hereby releases and agrees to defend, indemnify and hold the City, its elected and appointed officials, employees, volunteers, and agents harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, to the extent resulting directly or indirectly from the performance or nonperformance of any or all work of Developer to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement. 18. Liability of Developer: The Developer agrees that the use for any purpose and by any person of any and all of the easements and Offsite Improvements herein specified shall be at the sole and exclusive risk of the Developer or others than the City at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Developer's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required Offsite Improvements. ATTACHMENT 3, PAGE 12 OF 19 13 19. Developer's Expenses: The Developer shall compensate the City for all actual costs reasonably incurred in having its authorized representatives provide the usual and customary engineering services beyond the specified "Time of Completion" referenced in Section 3 of this Agreement. Said actual costs include: inspection of Offsite Improvements, engineer design review, plan check and project development process. Developer agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Developer's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Offsite Improvements by the Developer, the City Engineer shall certify that the Offsite Improvements have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work: If, within a period of one year after the City Engineer accepts the Offsite Improvements performed under this Agreement, any of the Offsite Improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Developer shall, without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repairs, plus an amount equivalent to the current general City overhead costs. 23. Warranty: Without limiting the foregoing, Developer warrants and guarantees: materials used and workmanship performed on the Offsite Improvements for a period of one (1) year after completion and acceptance thereof by the City. All security instruments shall be submitted to the City in accordance with Section 2 of the Agreement. The warranty provided herein shall not be in lieu of, but ATTACHMENT 3, PAGE 13 OF 19 14 shall be in addition to, any warranties or other obligations otherwise imposed by law. 24. Default: 24.1 Remedies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Developer's default hereunder, in the event Developer shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Developer shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Developer and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: In the event of any litigation arising out of Developer’s performance or non-performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorneys’ fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition, a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval and acceptance of the Offsite Improvements by the City Engineer, the Developer shall file with the Orange County Recorder a Notice of Completion of the Offsite Improvements herein specified. 26. Filing of Offsite Improvement Plans: ATTACHMENT 3, PAGE 14 OF 19 15 Upon completion of the job and prior to final acceptance of the Offsite Improvements by the City, the Developer shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all Offsite Improvement plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Developer without written consent of City. 28. Good Faith Improver; Waiver: Developer hereby agrees that if the Agreement is terminated for any reason other than Developer’s termination pursuant to a default of City, Developer waives, to the maximum legal extent, any rights it may have under Code of Civil Procedure Sections 871.1 through 871.5, inclusive, and Code of Civil Procedure Section 741 and all other state or federal statutes or judicial decisions of similar effect. With regard only to the matters being released herein, Developer waives the provisions of Section 1542 of the California Civil Code, and any other similar statute, rule or case law. Developer has read and understands Section 1542, and has consulted with counsel regarding its terms. Section 1542 provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. ______ (Initials) [Signatures on following page] ATTACHMENT 3, PAGE 15 OF 19 16 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Developer herein named on the _ __ day of ___ ___, 2021, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. DEVELOPER CITY OF SAN JUAN CAPISTRANO By: By: John Taylor, Mayor Name: _____________________ Its: ATTEST: (Attach Notary Acknowledgement) Maria Morris, City Clerk ATTEST: APPROVED AS TO FORM: Jeffrey C. Ballinger, City Attorney BEST BEST & KRIEGER LLP Attachments: Exhibits “A” and “B” ATTACHMENT 3, PAGE 16 OF 19 17 PUBLIC OFFSITE IMPROVEMENTS AGREEMENT TRACT 19063 EXHIBIT "A" PROJECT VICINITY MAP ATTACHMENT 3, PAGE 17 OF 19 18 PUBLIC OFFSITE IMPROVEMENTS AGREEMENT TRACT 19063 EXHIBIT "B" OFFSITE IMPROVEMENTS : Improvement Schedule I.D. Type of Improvements Estimated Construction Cost or Bond Amount Exhibit 1 Grading, On-Site Drainage, Erosion and Sediment Control Processed through the Building Division Exhibit 2 Public Street $ Exhibit 3 Public Storm Drain $ Exhibit 4 Traffic Signals $ Exhibit 5 Public Water $ Exhibit 6 Water and related appurtenances $ Exhibit 7 Sanitary Sewer $ Total Works of Improvement $ Each estimate shall include a line item for inspection, material testing, administration, survey, and construction management. Prepared by: Engineer of Record ATTACHMENT 3, PAGE 18 OF 19 19 PUBLIC OFFSITE IMPROVEMENTS AGREEMENT TRACT 19063 EXHIBIT “B” cont. SUMMARY Performance Street (100%) Storm Drain (100%) Traffic Signals (100%) Public Water (100%) Water and related appurtenances (100%) Sanitary Sewer (100%) Total Performance Labor & Material Street (100%) Storm Drain (100%) Traffic Signals (100%) Public Water (100%) Water and related appurtenances (100%) Sanitary Sewer (100%) Total - Labor & Material TOTAL SECURITY ATTACHMENT 3, PAGE 19 OF 19 ATTACHMENT 4 The Farm Specific Plan Final MND https://sanjuancapistrano.org/Departments/Development-Services/Planning- Zoning/Environmental-Documents/Farm-Specific-Plan ATTACHMENT 4, PAGE 1 OF 1 ATTACHMENT 5 The Farm Specific Plan MND Addendum https://sanjuancapistrano.org/Departments/Development-Services/Planning- Zoning/Environmental-Documents ATTACHMENT 5, PAGE 1 OF 1 TO : FROM : DATE : SUBJECT: City of San Juan Capistrano Agenda Report Planning Commission Development Services Department F2 Submitted by: Sergio Klotz, AICP, Assistant Director ~ P re~ared by: David C?ntreras , Principal Plan_ner ~ Reviewed by: Joel RoJas, Deve lopment Services Director ~~~ June 9, 2020 Consideration of 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 request for approval of a new gated 169-unit residential subdivision, on a 35-acre site located at 32382 Del Obispo Street (APN 121-182-17, 121-182-53) (Applicant: Andrew Han, Lennar). RECOMMENDATION : 1) Adopt a resolution recommending that the City Council approve an Addendum to the Mitigated Negative Declaration for the Farm Project; and approve Tentative Tract Map 19-002 (Attachment 1); and, 2) Adopt a resolution approving Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit (SP) 19-032, and Tree Removal Permit (TRP) 19-041 (Attachment 2). APPLICANT/OWNER: Applicant: Andrew Han Lennar Homes of California, Inc 15131 Alton Parkway Suite 365 Irvine, CA 92618 Property Owner: Virginia A. Germann Vermeulen Ranch Center, LLC 55 Poppy Hills Road Laguna Niguel, CA 92677 Architect: Mike Cantrell WHA 2850 Redhill Ave . Suite 200 Santa Ana, CA 92705 ATTACHMENT 6, PAGE 1 OF 23 PC Agenda Report June 9, 2020 Page 2 of 23 EXECUTIVE SUMMARY: Andrew Han, representing Lennar ("Applicant"), requests approval of development plans for a gated 169-lot single-family detached, residential home subdivision on 35 acres that comprise Tract Map (TTM) 19-002. The proposed project entails subdividing the approximately 35-acre site into 169 single-family lots ranging in size from approximately 4,285 to 9,419 square feet, as well as a 0.5-acre public park located adjacent to a 20-foot wide multi-use public trail, private recreation facility, and private roads. The project entitlements required include Tentative Tract Map (TTM) 19-002 to create 169 residential lots; Architectural Control (AC) 19-020 to review the site plan, architectural design of the structures, lighting, site amenities and landscape; Grading Plan Modification (GPM) 19-020 for review of onsite grading and elevations to create building pads, streets, and trails; Sign Permit (SP) 19-032 for review of community identification signs; and Tree Removal Permit (TRP) 19-041 for the removal of 38 trees on the property. The applicant has provided the proposed development plans for consideration as Enclosure 1. Staff has analyzed the applicant's request and believes that all the findings of fact for the various entitlements necessary for approval can be made. As a result, staff is recommending approval of all the requested entitlements for the proposed project. BACKGROUND: General Location: 32382 Del Obispo Street. The project site is bordered on the south by Via Positiva, Del Obispo Street to the north, Kinoshita Elementary School to the west and Rancho Alipaz Mobile Home Park to the east. Assessor's Parcel Number: 121-182-17, 121-182-53 Environmental Determination: Addendum to Final MND Prior Entitlements: Existing General Plan Land Use Designation: Zoning Designation: Use of Property: The Farm Specific Plan Specific Plan/Precise Plan (SP/PP) Specific Plan/Precise Plan (SP/PP), The Farm Specific Plan (SP 2018-1) Vacant Surrounding Property Information: ATTACHMENT 6, PAGE 2 OF 23 PC Agenda Report June 9, 2020 Page 3 of 23 Direction General Plan Land Use Norlh Public & Institutional /Medium High Density South Community Park /Agri- Business East Medium Hiqh Density West Aqri-Business DISCUSSION/ANALYSIS Project Description: Zoning Use Public & Institutional Church/Residential /Mobile Home Park Agri-Business/ Sports Park/Farm Specific Plan 85-01 Multiple Family Residential Farm Market Commercial In 2018, the City Council approved The Farm Specific Plan and a Development Agreement which governs the subject 35-acre site. The Farm Specific Plan identifies the allowed residential use, development standards, community facilities, circulation and aesthetic requirements. Key elements of the Specific Plan include: • Maximum of 180 residential units; • Farm Road, community spine road connecting Del Obispo Street to Via Positiva; • 0.5-acre Harvest Park, adjacent to a shared-use community trail; • Community trail alongside Farm Road; • A new traffic signal at the tract entrance and Del Obispo Street; • Design guidelines including a suggested style of Classic California Spanish. The applicant proposes to develop the 35-acre site with "The Farm Project" which consists of 169 residential units, a public park (Harvest Park) and a multi-use public trail ("project"). The project is designed in a contemporary farmhouse architectural style. Harvest Park. Community Trail. and Community Recreation: The Farm gated community provides two vehicular entrances, with the main entrance at Farm Road and Del Obispo Street and the secondary entrance at Farm Road and Via Positiva. The Farm Road serves as a spine road through the community, connecting Del Obispo Street and Via Positiva. Adjacent and parallel to the Farm Road is a 20-foot wide public multi-purpose trail, separated from the Farm Road by an 8-foot wide landscaped parkway. The multi-use trail allows the public to have pedestrian, bicycle and equestrian access through the proposed community from Del Obispo Street to Via Positiva. The public trail also provides direct public access to Harvest Park, a 0.5-acre public park located across from the Via Positiva tract entrance. Harvest Park is designed to provide both passive and active recreation. A large open turf area, tot lot, and play mounds provide opportunities for unstructured active play for children. A picnic area, charcoal grills, shade structure, and ample shade trees provide opportunities for passive recreation and relaxation. A private 0.5-acre community center would be located across from Harvest Park. The private facility would only be accessible to residents of the Farm. The ATTACHMENT 6, PAGE 3 OF 23 PC Agenda Report June 9, 2020 Page 4 of 23 main feature of the community center is a large lap pool and adjacent spa. Large pool decks and shade structures provide space for lounging; additional soft seating, a fireplace, and BBQ area provide gathering areas; and a pool equipment building also includes restrooms and showers. The recreation facility also includes an informal meeting room. Entryways: The primary vehicular entrance to the community is located along Del Obispo Street and features both resident and visitor entry lanes with enhanced paving. The entry design includes a center island with a focal tree, kiosk for guests, resident lane, and community signage. The gates are uniquely designed to slide into the center island, minimizing space constraints while maintaining the aesthetic appeal of the community entry. From Del Obispo Street, the public can access the multi-use trail, which leads through the community and to the secondary entry on Via Positiva. The Via Positiva entry has similar features but on a slightly smaller scale and on a less trafficked road. As with the entry along Del Obispo, the public would gain access to the multi-purpose trail from Via Positiva. Both entries are designed with sufficient queuing space to avoid having cars impede the travel lanes of Del Obispo or Via Positiva while waiting to enterthe community. Additionally, both entries are designed with a turn-around, capable of accommodating trucks, in case a vehicle turns into the entry but does not proceed through the gates into the community. Mobile Home Park Boundary: Along the eastern boundary of the subject site, the southern half is shared with the Rancho Alipaz Mobile Home community. Along that interface, the project proposes single- story and two-story homes set back a minimum of 20 feet away from property line and a new 6-foot high perimeter block wall along the property boundary. Individual homeowners would control backyard improvements that may include trees and plants. Currently, a low height block wall and row of densely planted trees separate the Rancho Alipaz community from the project site. A boundary survey indicates the existing wall and row of dense trees are set back from the property line onto the Rancho Alipaz property. The tree canopies and roots spread to the Farm property. The approximate eight feet of separation between the proposed perimeter wall on the Farm property and the existing wall/row of trees on the Rancho Alipaz property will serve as a buffer between the two developments, and the existing trees will provide natural screening. The Applicant plans to avoid impacts to the trees during construction except for trimming of tree canopies. If any tree roots are impacted during construction due to their extension onto the Farm property, the Applicant plans to replace the trees to maintain the visual screening between the two communities. Architecture/Site Design : The proposed single-family units range from approximately 1,546 to 2,847 square feet. The Specific Plan provides that "The Farm will be designed in a Classic California Spanish style and or styling consistent with an agricultural theme in keeping with San Juan ATTACHMENT 6, PAGE 4 OF 23 PC Agenda Report June 9, 2020 Page 5 of 23 Capistrano's landmark architectural heritage." The project is designed in a contemporary farmhouse architectural style which will include three elevation styles: Contemporary Farmhouse, San Juan Farmhouse, and Farmhouse. The "Contemporary Farmhouse" elevation is characterized by architecture that provides a more vertical presence in the front of the house, clean lines to provide a more modern look, and clean stucco finish with accents that incorporate farmhouse elements. The "San Juan Farmhouse" elevation provides a blend between the Contemporary Farmhouse and Farmhouse elevations. While retaining a strong street presence and use of clean stucco, the San Juan Farmhouse uses warm-colored brick veneers, pitched roofs, and horizontal multi-paned windows. The stucco echoes the Contemporary Farmhouse sentiment while the darker accent colors create a distinguished San Juan Farmhouse style. The "Farmhouse" elevations are recognized by their siding materials, shake-style gable roofs, metal seam accents, and multi-paned windows. Grading: Grading will occur in a single phase and is anticipated to require roughly 7 months to complete. The grading plan has been designed to achieve as close to balanced grading as possible, while minimizing retaining walls. As shown on the proposed grading plans (Enclosure 1 ), earthwork volumes total 42,500 cubic yards of cut and 78,000 cubic yards of fill, leaving the project site approximately 35,500 cubic yards short. A portion of the site will be left low to accommodate spoils from foundations, driveways, and utility trenches, which will generate approximately 29,500 cubic yards of fill. Therefore, when the lot and utility spoils are accounted for, the project site would be only 6,000 cubic yards short, which will require importing fill dirt. The import of fill dirt will occur during grading operations. Given the site's topographic relief, some retaining walls are proposed at property boundaries where fencing on top of the walls is necessary for safety and/or privacy. Parking: The Specific Plan does not provide parking standards but rather states that the "Final Parking Plan to be provided at the time a Development Application is submitted" and also provides that the "For sign, parking, fence, swimming pool, and similar regulations for The Farm Specific Plan see Article 5 Supplementary District Regulations of the Land Use Code." Municipal Code Section 9-3.535 requires single-family residences to provide 2.0 off-street parking spaces per dwelling unit in a garage; and 0.8 spaces per dwelling unit visitor parking. The following parking summary concludes that the project will provide the required parking. ATTACHMENT 6, PAGE 5 OF 23 PC Agenda Report June 9, 2020 Page 6 of 23 Garaqe Spaces Guest Spaces ADA Space (Rec Center) TOTAL Garage Spaces Guest Spaces (street) Guest Spaces (driveway) ADA Space (Rec Center) TOTAL Required Reauirement 169 169 1 Provided Prooosed 169 240 169 1 Per Unit Total 2.0 338 0.8 135 -1 474 Per Unit Total 2.0 338 -240 2.0 338 -1 917 The applicant has submitted a Parking & Phasing Plan (Enclosure 1) which identifies the on-street parking areas and provides the parking calculation summary. Landscape : The Specific Plan includes specific details, cross sections and tree palettes for the implementation of landscaping for common areas, including both entries, along Farm Road and the multi-purpose trail, Harvest Park, the community recreation facility, and perimeter streets along Del Obispo, Via Positiva and Alipaz. The proposed landscape palette (Enclosure 1) incorporates a variety of drought-tolerant plant material with the goal of providing different colors, textures, and structure to provide a visually interesting and rich landscape program. Along Farm Road and into Harvest Park, the landscape plan depicts a dense street tree program that not only provides visual interest and community identity, but also provides shade for trail and park users. The front and rear yards of each lot will be individually landscaped to allow homeowner's the opportunity to customize the look of their property per the approved plant palette for each of the three elevation plan types. CC&R's will dictate the timing of landscape installation, plant material restrictions to remain water-wise, and obligations for future homeowner maintenance. Common areas, Harvest Park, Community Recreation Facility, and the gated entries will be maintained by the HOA. Furthermore, the proposed landscape plan is designed to comply with these provisions and to implement the Specific Plan's conservation and sustainability features which include: 1. Utilization of "smart" weather-based irrigation controllers. 2 . Exclusion of landscape materials that are listed on the Invasive Plant Inventory of the California Invasive Plant Council. 3 . Inclusion of California or Mediterranean Species requiring occasional or little watering. 4 . Utilization of bubblers or low-flow sprinklers for all non-turf areas. ATTACHMENT 6, PAGE 6 OF 23 PC Agenda Report June 9, 2020 Page 7 of 23 Li ghting: Lighting is proposed within the project site and is designed to be implemented in a manner that precludes potential adverse effects of light overspill. Exterior lighting is required to be shielded and directed away from adjacent land uses. The lighting plan identifies the use of the Mission Bell streetlight with an LED fixture mounted on a 25-foot tall concrete pole. Fe nc ing: Fencing and gates would provide aesthetic appeal and security, as well as privacy for abutting land uses. A majority of the project perimeter would include a block wall, and interior fencing would include split rail, tubular steel, with pilasters. Both community entrances would include decorative stone entry walls and gates. Si gnage : The project includes metal community identification signs at each community entry gate and at Harvest Park. The sign verbiage consists of "The Farm" and "Harvest Park." All signs will be painted Iron Ore (black). The Specific Plan establishes the following development standards which are applicable to the proposed project. Staff has evaluated the project for compliance with these standards as follows: The Farm Specific Plan Development Requirement Standard Required Proposed Satisfied? Minimum Lot 4,000 square foot (s.f.) 4,285 s.f. min . YES Size: Minimum 34 lots (20%) provide Front & Rear At least 20% (34 lots) of the a minimum 18-foot Setbacks: units will be 1 story with: front setback and Min. front yard of 18 feet. minimum 16-foot rear Min. rear yard of 16 feet. setback YES At least 80% ( 135 lots) of 135 lots (80%) provide units will be 2 story with: a minimum 20-foot Min. front yard of 20 feet. front setback and Min. rear yard of 20 feet. minimum 20-foot rear setback. Minimum 1 story: 5' min. 1 story: 5' min. Side YES Setback: 2 story: 10'-5' min. 2 story: 10'-5' min . Maximum 35' max 31'-0" max . YES Height: ATTACHMENT 6, PAGE 7 OF 23 PC Agenda Report June 9, 2020 Page 8 of 23 Maximum Lot Coverage: Minimum Parking: 1-story: 0.50 2-story: 0.35 2 Garage spaces/unit (338 required) 0.8 Visitor spaces/unit (135 required) For Planning Commission Approval: .4 7 max. 1-story YES .35 max. 2-story 338 Garage spaces provided YES 240 Visitor spaces provided The proposed project requires Planning Commission approval of an Architectural Control for the proposed structures, site amenities and landscaping; a Grading Plan Modification for the on site grading; a Sign Permit for the Project's signage, and a Tree Removal Permit for the removal of onsite trees. Provided below is staff's analysis of the proposed project's compliance with the required findings for these applications. Architectural Control (AC): The proposed single-family units range from approximately 1,546 to 2,84 7 square feet. The Specific Plan provides that "The Farm will be designed in a Classic California Spanish style and or styling consistent with an agricultural theme in keeping with San Juan Capistrano's landmark architectural heritage." The project is designed in a contemporary farmhouse architectural style which will include three elevation styles: Contemporary Farmhouse, San Juan Farmhouse, and Farmhouse. All three styles are consistent with the City's heritage agricultural theme. The units would range in height between 23 and 31 feet. As shown in Enclosure 1, building pop-outs and offsets as well as variations in building heights, materials, and colors would be added to offset the buildings' massing, provide human scale, and provide relief to and variation in the building form and style. The final design and architectural style of the buildings were reviewed and approved by the City's Design Review Committee on May 14, 2020 and are subject to review and approval by Planning Commission. The project's landscape design would feature a California native/Friendly plant palette. A comprehensive landscape plan for the proposed project would include a variety of new trees, shrubs, and groundcover along the multi-use trail, Harvest Park, Community Recreation Facility, community entries and along the edges of Del Obispo and Via Positiva. Proposed tree types would include but not be limited to olive, pine, sycamore, California pepper, and citrus trees. The implemented landscape concept would enhance the appearance of the project site and its surroundings, provide shade and visual interest, define entry/access points, accentuate site and architectural features, and provide screening. Decorative pavers (e.g., creek-bed cobble, flagstone paving) would be placed to highlight key areas of the project site, such as in cross walks, and in the community entry gates. Enhanced paving would be used in the community recreation facility and in Harvest Park. Mission Bell concrete light poles are proposed within the community; and will include LED lighting. Pedestrian access within the project includes 4 and 6-foot-wide lighted ATTACHMENT 6, PAGE 8 OF 23 PC Agenda Report June 9, 2020 Page 9 of 23 pedestrian walkways throughout the site and a 20-foot wide multi-use trail. Access pathways throughout the site would comply with the Americans with Disabilities Act (ADA). Section 9.2.313 of the City's Land Use Code states that "Architectural Control Review" is required for "residential projects with a gross density of eight (8) units per acre and/or that propose new construction of three (3) or more dwelling units on a lot, parcel, or development site." Further this section identifies the regulatory standards, and allows the Planning Commission to grant approval so long as the following findings can be made: 1. The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan; 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element; 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved; 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City; 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation; 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics. If these findings can be made, then it is appropriate to approve the Architectural Control application. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report and attached resolution. In analyzing the proposed Architectural Control, staff believes the following findings of fact warrant approval of the proposed modifications: 1. The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan 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, maintains consistency with the architectural design requirement through the Contemporary Farmhouse architectural design, and complies with the development standards related to building setbacks, building heights, and parking requirements. Furthermore, the proposed project maintains consistency with and implements the following Specific Plan Design Guidelines, General Design Objectives: A. Establish high-quality, pedestrian friendly and functional site arrangement for residences parking and landscaping areas; ATTACHMENT 6, PAGE 9 OF 23 PC Agenda Report June 9, 2020 Page 10 of 23 B. Provide stylistically authentic and creative architectural design solutions that convey a sense of timelessness and elegance; C. Create visual interest by utilizing architectural and landscape concepts that maintain a sense of harmony and proportion along street frontages and other areas of the project exposed to public view; D. Provide adequate open space; E. Provide adequate on-site and street parking; F. Utilize high quality details and materials; 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the project is consistent with the following policies and objectives of the Community Design Element: Community Design Goal 1: Policy 1.2: "Encourage high-quality and human scale design in development to maintain the character of the City;" and, The proposed Contemporary Farmhouse architectural style provides high- quality materials and finishes with a maximum building height of 31 feet which is less than the maximum allowable height of 35 feet. Further, the project includes the decorative community entry walls, fencing, pilasters, and enhanced paving which provides a high-quality appearance to the project. The landscape plan includes trees and shrubs along the entire length of the spine road, along the edges of Del Obispo Street, Alipaz Street and Via Positiva and within Harvest Park and the community recreation facility. Further, the landscape plan provides a plant palette for each plan type that is complementary to the architectural details on the buildings. Community Design Goal 2: Policy 2.1: "Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping." Acknowledging San Juan Capistrano's rich farming history, the proposed Contemporary Farmhouse architectural theme complements the City's architectural and historic character. Providing one and two-story options, the homes are simple with character. The exterior siding as well as the pitched roofs bring a distinguished farmhouse appearance, whereas the warm stucco color and simple detail, complements the farmhouse style. The Farm includes three unique but cohesive elevation styles: Contemporary ATTACHMENT 6, PAGE 10 OF 23 PC Agenda Report June 9, 2020 Page 11 of 23 Farmhouse, San Juan Farmhouse, and Farmhouse. In addition to the elevation details, the landscape elements will unify the three architectural styles. Split-rail fence, characteristic of the area, will line the park and multi- use trail. Drought-tolerant native and adapted plant species suitable to the City's climate will also enhance the community, providing visual interest and harmony throughout. With the three distinct but complementary architectural styles blended with the landscape design, the project will result in a cohesive development. As discussed further below, the project conforms to the City's adopted Architectural Design Guidelines, which substantially implement the General Plan Community Design Element. Further, the project conforms to The Farm Specific Plan design standards, which are in conformance with the City's Architectural Design Guidelines. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the project has been designed to accommodate the required project building elements, as set forth in The Farm Specific Plan, and because the development characteristics meet all of the development standards established in The Farm Specific Plan, including required building setbacks, building heights, open areas, massing, landscaping, parking and site access. Further, the project site is of sufficient size and shape to accommodate 169 single family residential lots and the associated public and private amenities as detailed in The Farm Specific Plan. The proposal complies with the development standards as set forth in The Farm Specific Plan, and therefore accommodates yard, open space, setbacks, parking, access, private recreation, and public park and trail. Architectural Control (AC) 19- 020 has been reviewed and determined consistent with The Farm Specific Plan, which ensures the property has adequate size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features such as public park and trail and private recreation facilities. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because as demonstrated within this staff report, the proposed project and use of materials and the detailed plant palette that has been designed for each of the three architectural plan types compliments the design elements of Farmhouse style architecture, as required by The Farm Specific Plan. The enhanced paving details and landscaping conveys a sense of "richness of detail" and complements the building elevation design. Furthermore, the project will be consistent with the adopted Architectural Design Guidelines because the following design principles are applicable to the proposed project: Design Issue/ Principal 1: Human Scale. The proposed project has a well- balanced pedestrian orientation and human scale. The pedestrian circulation experience is provided via the City multi-use trail which connects from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. The trail will be lined with trees and landscaping; and enhanced paving ATTACHMENT 6, PAGE 11 OF 23 PC Agenda Report June 9, 2020 Page 12 of 23 is located throughout the pedestrian pathways . Des ign Issue/ Principal 5: Her itage and Tradition . The proposed project reflects the history and tradition of San Juan Capistrano. The Farmhouse architectural style complies with The Farm Specific Plan which contains development standards and design guidelines that reinforce specific site planning, architectural design, lighting and landscape design. Des ign Issue/Pr inciple 6 : Richness of Details and Materials. The applicant proposes to incorporate enhanced paving which enhance the architectural details of the project and provide an enhanced overall pedestrian experience. The applicant also proposes to install landscaping along the perimeter of the subdivision as required by The Farm Specific Plan. Design Issue/ Principle 8: Linkages and Connections. The proposed multi-use trail provides pedestrian circulation access from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. The trail will be lined with trees and landscaping; and enhanced paving is located throughout the pedestrian pathways. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the site development concept provides a spine road that connects both community entrances and connects to the community private streets. The proposed multi-use trail provides pedestrian circulation access from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. Further, Architectural Control (AC) 19-020 has been reviewed and determined the site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation as prescribed in The Farm Specific Plan. 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed buildings will use colors and materials that are found through San Juan Capistrano. The architectural design, landscape, and project design features were reviewed by the Design Review Committee for consistency with The Farm Specific Plan and which recommended approval of the project. Further, Architectural Control (AC) 19-020 has been reviewed and determined to be consistent with the requirements set forth in The Farm Specific Plan. Grading Plan Modification (GPM): Grading will occur in a single phase and is anticipated to require roughly 7 months to complete. The grading plan has been designed to achieve as close to balanced grading as possible, while minimizing retaining walls. As shown on the proposed grading plans, earthwork volumes total 42,500 cubic yards of cut and 78,000 cubic yards of fill, leaving the project site approximately 35,500 cubic yards short. A portion of the site will be left low to accommodate spoils from foundations, driveways, and utility trenches, ATTACHMENT 6, PAGE 12 OF 23 PC Agenda Report June 9, 2020 Page 13 of 23 which will generate approximately 29,500 cubic yards of fill. Therefore, when the lot and utility spoils are accounted for, the project site would be only 6,000 cubic yards short, which will require importing fill dirt. The import of fill dirt will occur during grading operations. Given the site's topographic relief, retaining walls are necessary in multiple locations. In many of those locations, retaining walls occur on property boundaries and fencing on top of the walls is necessary for safety and/or privacy. Section 9.2.323 of the Land Use Code requires that grading modifications to previously graded sites be subject to the review and approval of the Planning Director for minor changes, and subject to the review and approval by the Planning Commission for major changes. The Planning Director has determined that the proposed grading is major grading which requires Planning Commission approval. Prior to approving any modifications to an existing grade, the reviewing authority shall determine that such grading modifications comply with the following design standards: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics; 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority; 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots; 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title; 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development. If these findings can be made, then it is appropriate to approve the Grading Modification request. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report and attached resolution. 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the proposed grading plan is consistent with the general grading principles and design included in The Farm ATTACHMENT 6, PAGE 13 OF 23 PC Agenda Report June 9, 2020 Page 14 of 23 Specific Plan. No ridgelines exist on the project site and landform modification has already taken place during site improvement for prior nursery uses, rendering the project site a generally flat site. The proposed grading plan has been designed to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Landscaping has been incorporated into the Landscape Plans to minimize erosion and provide screening from adjacent properties. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority because the site is a vacant lot and will be graded to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Grading along the eastern edge of the project site (Mariners Church and Rancho Alipaz Mobile Home properties) and southwestern portion of the site (Kinoshita Elementary School property) has been designed to match existing grades. In addition, the approximate eight feet of separation between the proposed perimeter wall on the Farm property and the existing wall/row of trees on the Rancho Alipaz Mobile Home Park property will serve as a buffer between the two developments, and the existing trees will provide natural screening. The proposed grading plan is consistent with the general grading principles and design included in The Farm Specific Plan. 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading will remain consistent and compatible with immediately-adjacent lots. Grading which takes place adjacent to property lines is proposed to tie in directly to the adjacent properties so that the new development does not impact the adjacent properties. Further, the grading plan has been designed to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Grading along the eastern edge of the project site (Mariners Church and Rancho Alipaz Mobile Home Park properties) and southwestern portion of the site (Kinoshita Elementary School property) has been designed to match existing grades. In addition, the approximate eight feet of separation between the proposed perimeter wall on the Farm property and the existing wall/row of trees on the Rancho Alipaz Mobile Home Park property will serve as a buffer between the two developments, and the existing trees will provide natural screening. Retaining walls will be necessary in limited locations to accommodate the edge conditions with the existing retail nursery use. 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title because all building footprints have been designed with setbacks consistent with the development standards presented in The Farm Specific Plan. The grading and building footprint design also accommodate minimum setbacks from tops and toes of slopes. ATTACHMENT 6, PAGE 14 OF 23 PC Agenda Report June 9, 2020 Page 15 of 23 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the changes are subject to Plan Check review by the City's Engineering Department to ensure that grading will not result in any negative impacts to hydrology, water quality as required by local and state laws. Prior to issuance of grading or building permit, the applicant must demonstrate to the satisfaction of the Public Works Director that the proposed grading will not result in any negative impacts to hydrology, and water quality as required by local and state laws. The grading modifications do not impact views or trail easements. Sign Permit {SP): The Specific Plan does not provide sign standards but rather provides that "For sign, parking, fence, swimming pool, and similar regulations for the The Farm Specific Plan see Article 5 Supplementary District Regulations of the Land Use Code." Municipal Code Section 9-3.543 provides standards for permanent subdivision signs. Residential subdivision signs (permanent) are permitted up to 24 square feet in size and 6'-0" tall; up to a maximum aggregate 48 sq. ft. per project entry, maximum 2 signs per entry. The project includes 1 subdivision sign at each community entry and 1 sign at the public park- Harvest Park. The table below provides a summary of the proposed subdivision signs. The Harvest Park sign measuring 24.6 square feet in sign area is not defined as a subdivision sign per the City's Municipal Code. Furthermore, the Municipal Code does not provide standards for public park signs. As such it is at the City's discretion to evaluate the proposed design and size of the proposed park sign. Although the park sign differs from other public park signs, it is consistent with the design of the subdivision sign, conforms with the community's architectural theme, and is consistent with The Farm Specific Plan, Section V, Architectural Design Guidelines which provides "Choose materials to complement the overall project design and context. Building materials should convey a sense of quality and permanence". Table 1-0, Subdivision Sign Requirements Sign Code Proposed Maximum Area 24 sq. ft./aggregate 48 sq. ft max at each One 15 sq. ft. sign at entry each entry Maximum 6'-0" above finished grade 6' Height above finished grade External illumination. External No lighting proposed illumination where the sign copy is either illuminated by an external light source Illumination that illuminates the sign copy or by backlighting where the illumination of the sign is from a light source internal to the sign copy (letters) and where the light is projected onto the wall surface upon ATTACHMENT 6, PAGE 15 OF 23 PC Agenda Report June 9, 2020 Page 16 of 23 Colors Materials Driveway Visibility which the sign is attached. External light sources are to be integrated into the architectural or landscape features of a project such that it is not generally visible to the general public from the public right- of-way. External illuminated signs shall have subdued lighting. The use of halogen as a light source shall be prohibited. N/A Iron Ore (Black) N/A Metal • No barrier which impedes vision Signs located outside of above heiqht of 3 feet the site visibility triangle Land Use Code Section 9-2.343(b )(3) of the municipal code establishes findings required to be met in order to approve of a sign permit. Staff has analyzed the findings below: 1. The proposed sign(s) is consistent with the design criteria of Section 9-3.543, Signs, the Community Design Element, and the Design Guidelines. 2. The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the development project in which the sign is to be located. 3. The sign will not be detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, be compatible with surrounding areas and be consistent with the City's adopted Architectural Design Guidelines. 4. In order to achieve maximum limits of sign area, there must be a finding that the sign is appropriate within the context of the project and compatible with the surrounding area. Numerical requirements are only guidelines and not guarantee. If all of the findings can be met, then it is appropriate to grant approval of the sign. Conversely, the inability would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the signage, staff determined the following criteria warrant approval of the subdivision signs: 1. The proposed signs are consistent with the design criteria of Section 9-3.543, Signs, the Community Design Element, and the Design Guidelines because the signs are in compliance with the applicable design standards and are in compliance with the Community Design Element Policy 1.2 Encourage high quality and human scale design in development to maintain the character of the City, because the signs are designed with high quality materials (metal), and are designed to assist, vehicular traffic and circulation orientation, and placed to avoid impacting visibility for passing drivers. 2. The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the ATTACHMENT 6, PAGE 16 OF 23 PC Agenda Report June 9, 2020 Page 17 of 23 development project in which the sign is to be located because as provided in Table 1-0 of the staff report, the proposed subdivision signs conform to the required sign standards. The Harvest Park sign measuring 24.6 square feet in sign area is not defined as a subdivision sign per the City's Municipal Code. Furthermore, the Municipal Code does not provide standards for public park signs. Although the park sign differs from other public park signs, it is consistent with the design of the subdivision sign, conforms with the community's architectural theme, and is consistent with The Farm Specific Plan, Section V, Architectural Design Guidelines which provides "Choose materials to complement the overall project design and context. Building materials should convey a sense of quality and permanence''. 3. The signs will not be detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, be compatible with surrounding areas and be consistent with the City's adopted Architectural Design Guidelines because the subdivision signs are proposed to be located at the community entries at Del Obispo Street and Via Positiva and within an area outside of the visibility triangle necessary for safe vehicular travel, which ensures that the signs do not create a hazard to adjacent properties, and is generally consistent with the Design Guidelines, which require the signs to be complementary to the architecture and design of the project site. 4. In order to achieve maximum limits of sign area, there must be a finding that the sign is appropriate within the context of the project and compatible with the surrounding area. Numerical requirements are only guidelines and not guarantee. The proposed project includes subdivision entry signs at the project entry on Del Obispo Street and the project entry on Alipaz Street. The entry subdivision signs have been designed consistent with the lighting and design standards included in The Farm Specific Plan and Municipal Code Section 9-3.543. Consistency with the adopted Specific Plan and Municipal Code standards ensures compatibility with the surrounding area. The size, design, materials, and lighting are compatible with surrounding residential neighborhoods and businesses. The proposed signs were also considered by the Design Review Committee, which recommended approval. Signage associated with the proposed project has been reviewed and determined to be appropriate within the context of the project and compatible with the surrounding area. Tree Removal Permit (TRP): The City's code identifies that a permit is required for tree removal when the trunk is 6" in diameter or greater at 3' above grade. While a major portion of the project site is void of vegetation as a result of prior commercial nursery activity, the perimeter of the site contains trees that are proposed to be removed in order to allow for the development of the residential project. Such trees include, but not limited to Pepper trees, Chinese Elm, Cherry Plum, Jacaranda, Gum Tree and Palm trees. Tree locations are shown on the tree survey of Enclosure 1, Sheet L-38. The trees that are proposed to be removed are not listed as heritage trees pursuant to the City's Tree Removal Permit ordinance. The trees are not candidates for transplanting and are not desired in the proposed residential community. Removal of the trees would not cause impacts to surrounding property owners or other ATTACHMENT 6, PAGE 17 OF 23 PC Agenda Report June 9, 2020 Page 18 of 23 aesthetic considerations. Furthermore, as detailed on the Landscape Plans, the proposed project includes installation of a substantial number of trees appropriate to the area. Landscaping would also include shrubs and groundcover. Therefore, the following findings could be made to support approval of the proposed Tree Removal Permit. Municipal Code Section 9-2.349 notes that tree removal associated with a development project that is subject to other discretionary land use approvals may be permitted in conjunction with the other discretionary approvals by the reviewing authority. Municipal Code Section 9-2.349(e) establishes four factors to be considered in evaluating whether or not a TRP may be approved. The Municipal Code states "that the reviewing authority may approve the removal of trees as part of a discretionary review or tree removal permit application, based on an affirmative finding that one or more of the following criteria are met as substantiated by evidence in the record." 1. The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate height, diameter of trunk or canopy, or root zone of the tree, or excessive trees exist on the site requiring thinning to maintain tree health; 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance; 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations; 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area. If one of these findings can be made, then it is appropriate to grant the tree removal permit. Conversely, the inability to make at least one of these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the tree removal permit request, staff believes that the following findings of fact warrant approval of the tree removal permit: 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance because non- native trees and trees that are not in keeping with the community character such as the Gold Medallion Tree will be replaced with low water use and native trees such as the Western Sycamore. The proposed detailed Landscape Plans include the installation of a substantial number of trees appropriate to the area. Landscaping would also include shrubs and groundcover. 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations because the applicant is proposing to install new trees throughout the site, along the entire length of the spine road, along the edges of ATTACHMENT 6, PAGE 18 OF 23 PC Agenda Report June 9, 2020 Page 19 of 23 Del Obispo Street, Alipaz Street and Via Positiva and within Harvest Park and the community recreation facility. The removal of trees will temporarily impact views, the public streetscape and aesthetics; those impacts, however, will be mitigated by the installation of the replacement trees. The proposed landscaping improvements will be consistent with the landscaping already existing on neighboring properties and throughout San Juan Capistrano. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area because the installation of the proposed tree species, including but not limited to Pepper trees, Chinese Elm, Cherry Plum, Olive, Jacaranda, Gum Tree and Palm trees are appropriate to the site, as it will create cohesion and consistency within the new development as well as surrounding properties and streetscape located on the northside of Del Obispo Street, adjacent to the Oliva residential development. For Recommendation to the City Council: The proposed project requires City Council approval of a Tentative Tract Map to subdivide the existing site into 169 single family residential parcels and 45 lettered lots. Provided below is staff's analysis of the proposed project's compliance with the required findings for this application as the Planning Commission's recommendation to the City Council on this application is required. Tentative Tract Map (TTM): The applicant is proposing to subdivide the 35-acre vacant property into 169 single family residential parcels. Forty-five lettered lots would be created for roadway, open space, and common area, public park and easement purposes. The project is required to comply with parcel development standards of The Farm Specific Plan. Tentative map approvals are governed by Section 9-4.223 of the City's Municipal Code. A tentative map may be granted when it can be shown that the following findings can be established: 1 . The proposed map is consistent with the General Plan and any applicable specific plan or comprehensive development 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. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 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. 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. ATTACHMENT 6, PAGE 19 OF 23 PC Agenda Report June 9, 2020 Page 20 of 23 7. The design of a subdivision shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.1 8. the design of the subdivision or type of improvements is not likely to cause serious public health problems.2 If these findings can be made, then it is appropriate to approve the Tentative Tract Map application. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation of approval contained in this report and attached resolution. In analyzing the proposed Tentative Tract Map, staff believes the following findings of fact warrant approval of the proposed modifications: 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 1 Govt. Code Sec. 66473.1 (a). 2 Govt. Code Sec. 664 7 4(f). ATTACHMENT 6, PAGE 20 OF 23 PC Agenda Report June 9, 2020 Page 21 of 23 The Farm Specific Plan, which at the time of adoption was determined consistent with the City of San Juan Capistrano General Plan. 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 ATTACHMENT 6, PAGE 21 OF 23 PC Agenda Report June 9, 2020 Page 22 of 23 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. 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 and 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. COMMITTEE AND COMMISSION REVIEW: On May 14, 2020, the Design Review Committee conducted a formal review of the revised-proposed development design plans and forwarded the project to the Planning Commission for consideration. On March 12, 2020, the Design Review Committee conducted a Worksession to review the conceptual development design plans. On January 23, 2020, the Design Review Committee conducted a Worksession to review the conceptual development design plans. On September 26, 2019, the Design Review Committee conducted a Worksession to review the conceptual development design plans. ENVIRONMENTAL IMPACT: On May 15, 2018, the City Council adopted Resolution 18-05-15-01 thereby adopting the Mitigated Negative Declaration (the "MND") and the Mitigation Monitoring and Reporting Program for the project (SCH# 2018031031) pursuant to CEQA and the State CEQA Guidelines (Attachment 3). When a project is modified after an MND for the project has been approved, pursuant to State CEQA Guidelines section 15164(b), a lead agency must prepare an addendum to a previously adopted negative declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. The City's Environmental Administrator has determined that none of the circumstances identified in State CEQA Guidelines section 15162 have arisen as a result, ATTACHMENT 6, PAGE 22 OF 23 PC Agenda Report June 9, 2020 Page 23 of 23 that an Addendum to the MND for The Farm Specific Plan project (SCH# 2018031031) is appropriate to analyze the reasonably foreseeable environmental impacts of the project. The reasons supporting this determination are set forth in the Addendum, which is attached to this staff report as Attachment 4. The Addendum to the MND for the project is available on the City's website at: https://san j uancapistrano. org/Departments/Development-Services/Plan n i ng- Zon i ng/Environmenta 1-Docu ments NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, and Resolution 10-08-17-03, a public notice was placed in the Capistrano Valley News at least ten (10) days prior to the public hearing, posted on the City's website, and posted at San Juan Capistrano City Hall. In addition, pursuant to City Council Resolution 10-08-17-03, notification of the proposed Project was mailed to every property owner in the City since the proposed project is a residential project of over 100 units and was posted on the site. The agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. ATT ACHM ENT(S): Attachment 1-PC Resolution (Addendum to MND & TTM 19-002) Attachment 2-PC Resolution (AC 19-020, GPM 19-020, SP 19-032, and TRP 19-041) Attachment 3-Final MND (available on the City's website) Attachment 4-MND Addendum (also available on the City's website) ENCLOSURES : Enclosure 1 -Development Plans (June 1, 2020, WHA.) ATTACHMENT 6, PAGE 23 OF 23 PC 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 (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 to allow the development of a 169 single-family detached, residential home subdivision on 35 acres that comprise Tentative Tract Map (TTM) 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 Amendment 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, ATTACHMENT 7, PAGE 1 OF 42 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 for The 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, ATTACHMENT 7, PAGE 2 OF 42 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 ATTACHMENT 7, PAGE 3 OF 42 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 (SCH#2018031031). 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. ATTACHMENT 7, PAGE 4 OF 42 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. ATTACHMENT 7, PAGE 5 OF 42 ATTACHMENT 7, PAGE 6 OF 42 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 (15th) day after the date of the Planning Commission’s approval. ATTACHMENT 7, PAGE 7 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 8 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 7:00 a.m. to 6:00 p.m. Saturday 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. ATTACHMENT 7, PAGE 9 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 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) ATTACHMENT 7, PAGE 10 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 provision of a positive drainage barrier system, at the applicant/subdivider's cost, in accordance with City Standard Drawing No. ATTACHMENT 7, PAGE 11 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 12 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 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 ATTACHMENT 7, PAGE 13 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 Plans. 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 ATTACHMENT 7, PAGE 14 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 sp eed 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 ATTACHMENT 7, PAGE 15 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 10 of 27 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) through(j) 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 1720-1743 with respect to the prevailing wages. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer and 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 ATTACHMENT 7, PAGE 16 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 11 of 27 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 (ALTA) 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-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 ATTACHMENT 7, PAGE 17 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 18 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 19 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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) i. 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 ATTACHMENT 7, PAGE 20 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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) l. 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) ATTACHMENT 7, PAGE 21 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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. ATTACHMENT 7, PAGE 22 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 23 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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. ATTACHMENT 7, PAGE 24 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 19 of 27 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 ATTACHMENT 7, PAGE 25 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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. ___ Mitigation 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. ___ Drainage 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. ATTACHMENT 7, PAGE 26 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm Date: June 9, 2020 Page 21 of 27 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 Calculations. 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. ATTACHMENT 7, PAGE 27 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 applicant/subdivider shall pay a cash deposit 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 import/export. 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 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 ATTACHMENT 7, PAGE 28 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ph ase 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. ATTACHMENT 7, PAGE 29 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 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 building permits. (PW) 61. ___ Water Availability. Prior to the issuance of any building or grading permits by the Development Services Department, the applicant / developer shall consult with the Utilities Department to determine the availability of water for their project 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 applicant/subdivider 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 applicant/subdivider 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 1st home within the project (other than model homes), the applicant/subdivider's surveyor shall set monuments related to the subject property(ies) and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the City Engineer and filed with the ATTACHMENT 7, PAGE 30 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 applicant/subdivider 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 1st 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 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 applicant/subdivider shall submit a letter to the Development Services Director, signed by a Registered Landscape Architect, stating that all materials for all landscaped areas have been installed in accordance with the approved plans for each development phase, and shall demonstrate to the satisfaction of the Development Services Director that all landscaped areas have been landscaped per the a pproved 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 applicant/subdivider shall begin installation of a new traffic signal at the project driveway on Del Obispo and Via Vermeulen. The applicant/subdivider 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 applicant/subdivider 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 applicant/subdivider 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 applicant/subdivider to the satisfaction of the City that the unforeseen conditions that are causing the ATTACHMENT 7, PAGE 31 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 ATTACHMENT 7, PAGE 32 OF 42 Resolution # 20-06-09-04 Final Conditions of Approval Project # TTM 19-002, The Farm 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 = Building and Safety UD = Utilities Engineering DSD = Development Services PW = Public Works Engineering OCFA = Orange County Fire Authority Applicant Acceptance of Conditions of Approval: By: ________________________________ ____________________ Andrew Han Date ATTACHMENT 7, PAGE 33 OF 42 PC RESOLUTION NO. 20-06-09-05 ARCHITECTURAL CONTROL (AC) 19-020 GRADING PLAN MODIFICATION (GPM) 19-020 SIGN PERMIT (SP) 19-032 TREE REMOVAL PERMIT (TRP) 19-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 19- 020, GRADING PLAN MODIFICATION (GPM) 19-020, SIGN PERMIT (SP) 19-032 ANDTREE REMOVAL PERMIT (TRP) 19-041; 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 (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 to allow the development of a 169 single-family detached, residential home subdivision on 35 acres that comprise Tentative Tract Map (TTM) 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) (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 Amendment 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, as the project is currently proposed, the Applicant seeks to develop the entire 35-acre site with a new 169-unit single-family detached residential community along with associated improvements (“The Farm” or “Project”); and, Whereas, the proposed Project is being processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Architectural Control, Grading Plan Modification, Tree Removal Permit, and Sign Permit applications were filed concurrently, so the Planning Commission reviewed all applications, and, ATTACHMENT 7, PAGE 34 OF 42 PC Resolution 19-06-09-05 2 June 9, 2020 Whereas, pursuant to section 21067 of the Public Resources Code, and, section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed Project; and, Whereas, on June 9, 2020, the Planning Commission approved a resolution a resolution recommending City Council approval of an Addendum to the Final MND for The Farm Project (SCH# 2018031031) for the Modified Project, which includes AC 19- 020, GPM 19-020, SP 19-032, and TRP 19-041. The Addendum fully disclosed the changes and additions that were made to The Farm MND to make it applicable to the Project, including AC 19-020, GPM 19-020, SP 19-032, and TRP 19-041; 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, 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. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano has recommended that the City Council approve the Addendum to the Final MND for the proposed project by way of PC Resolution No. 20- 06-09-04. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.313 Architectural Control, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan 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, maintains consistency with the architectural design requirement through the Contemporary Farmhouse architectural design, and complies with the development standards related to building setbacks, building heights, and parking requirements. Furthermore, the proposed project maintains consistency with and implements the following Specific Plan Design Guidelines, General Design Objectives: A. Establish high-quality, pedestrian friendly and functional site arrangement for residences parking and landscaping areas; B. Provide stylistically authentic and creative architectural design solutions that convey a sense of timelessness and elegance; C. Create visual interest by utilizing architectural and landscape concepts that maintain a sense of harmony and proportion along street frontages and other areas of the project exposed to public view; ATTACHMENT 7, PAGE 35 OF 42 PC Resolution 19-06-09-05 3 June 9, 2020 D. Provide adequate open space; E. Provide adequate on-site and street parking; F. Utilize high quality details and materials; 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the project is consistent with the following policies and objectives of the Community Design Element: Community Design Goal 1: Policy 1.2: “Encourage high-quality and human scale design in development to maintain the character of the City;” and, The proposed Contemporary Farmhouse architectural style provides high-quality materials and finishes with a maximum building height of 31 feet which is less than the maximum allowable height of 35 feet. Further, the project includes the decorative community entry walls, fencing, pilasters, and enhanced paving which provides a high-quality appearance to the project. The landscape plan includes trees and shrubs along the entire length of the spine road, along the edges of Del Obispo Street, Alipaz Street and Via Positiva and within Harvest Park and the community recreation facility. Further, the landscape plan provides a plant palette for each plan type that is complementary to the architectural details on the buildings. Community Design Goal 2: Policy 2.1: “Encourage development which complements the City’s traditional, historic character through site design, architecture, and landscaping.” Acknowledging San Juan Capistrano’s rich farming history, the proposed Contemporary Farmhouse architectural theme complements the City’s architectural and historic character. Providing one and two‐ story options, the homes are simple with character. The exterior siding as well as the pitched roofs bring a distinguished farmhouse appearance, whereas the warm stucco color and simple detail, complements the farmhouse style. The Farm includes three unique but cohesive elevation styles: Contemporary Farmhouse, San Juan Farmhouse, and Farmhouse. In addition to the elevation details, the landscape elements will unify the three architectural styles. Split‐rail fence, characteristic of the area, will line the park and multi‐use trail. Drought‐tolerant native and adapted plant species suitable to the City’s climate will also enhance the community, providing visual interest and harmony throughout. With the three distinct but complementary architectural styles blended with the landscape design, the project will result in a cohesive development. ATTACHMENT 7, PAGE 36 OF 42 PC Resolution 19-06-09-05 4 June 9, 2020 As discussed further below, the project conforms to the City’s adopted Architectural Design Guidelines, which substantially implement the General Plan Community Design Element. Further, the project conforms to The Farm Specific Plan design standards, which are in conformance with the City’s Architectural Design Guidelines. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the project has been designed to accommodate the required project building elements, as set forth in The Farm Specific Plan, and because the development characteristics meet all of the development standards established in The Farm Specific Plan, including required building setbacks, building heights, open areas, massing, landscaping, parking and site access. Further, the project site is of sufficient size and shape to accommodate 169 single family residential lots and the associated public and private amenities as detailed in The Farm Specific Plan. The proposal complies with the development standards as set forth in The Farm Specific Plan, and therefore accommodates yard, open space, setbacks, parking, access, private recreation, and public park and trail. Architectural Control (AC) 19‐020 has been reviewed and determined consistent with The Farm Specific Plan, which ensures the property has adequate size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features such as public park and trail and private recreation facilities. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because as demonstrated within this staff report, the proposed project and use of materials and landscaping compliments the design elements of Farmhouse style architecture, as required by The Farm Specific Plan. The enhanced paving details and landscaping conveys a sense of “richness of detail” and complements the building elevation design. Furthermore, the project will be consistent with the adopted Architectural Design Guidelines because the following design principles are applicable to the proposed project: Design Issue/ Principal 1: Human Scale. The proposed project has a well-balanced pedestrian orientation and human scale. The pedestrian circulation experience is provided via the City multi-use trail which connects from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. The trail will be lined with trees and landscaping; and enhanced paving is located throughout the pedestrian pathways. Design Issue/ Principal 5: Heritage and Tradition. The proposed project reflects the history and tradition of San Juan Capistrano. The Farmhouse architectural style complies with The Farm Specific Plan which contains development standards and design guidelines that reinforce specific site planning, architectural design, lighting and landscape design. Design Issue/Principle 6: Richness of Details and Materials. The ATTACHMENT 7, PAGE 37 OF 42 PC Resolution 19-06-09-05 5 June 9, 2020 applicant proposes to incorporate enhanced paving which enhance the architectural details of the project and provide an enhanced overall pedestrian experience. The applicant also proposes to install landscaping along the perimeter of the subdivision as required by The Farm Specific Plan. Design Issue/ Principle 8: Linkages and Connections. The proposed multi-use trail provides pedestrian circulation access from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. The trail will be lined with trees and landscaping; and enhanced paving is located throughout the pedestrian pathways. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the site development concept provides a spine road that connects both community entrances and connects to the community private streets. The proposed multi-use trail provides pedestrian circulation access from Del Obispo Street to Via Positiva; and which provides a connection to Heritage Park. Further, Architectural Control (AC) 19‐020 has been reviewed and determined the site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation as prescribed in The Farm Specific Plan. 6. The proposed use and design of the project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed buildings will use colors and materials that are found through San Juan Capistrano. The architectural design, landscape, and project design features were reviewed by the Design Review Committee for consistency with The Farm Specific Plan and which recommended approval of the project. Further, Architectural Control (AC) 19‐020 has been reviewed and determined to be consistent with the requirements set forth in The Farm Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.323 Grading plan review and modification, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the proposed grading plan is consistent with the general grading principles and design included in The Farm Specific Plan. No ridgelines exist on the project site and landform modification has already taken place during site improvement for prior nursery uses, rendering the project site a generally flat site. The proposed grading plan has been designed to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Landscaping has been incorporated into the Landscape Plans to minimize erosion and ATTACHMENT 7, PAGE 38 OF 42 PC Resolution 19-06-09-05 6 June 9, 2020 provide screening from adjacent properties. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority because the site is a vacant lot and will be graded to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Grading along the eastern edge of the project site (Mariners Church and Rancho Alipaz Mobile Home properties) and southwestern portion of the site (Kinoshita Elementary School property) has been designed to match existing grades. In addition, the approximate eight feet of separation between the proposed perimeter wall on the Farm property and the existing wall/row of trees on the Rancho Alipaz Mobile Home Park property will serve as a buffer between the two developments, and the existing trees will provide natural screening. The proposed grading plan is consistent with the general grading principles and design included in The Farm Specific Plan. 3. The proposed grading will remain consistent and compatible with immediately-adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading will remain consistent and compatible with immediately-adjacent lots. Grading which takes place adjacent to property lines is proposed to tie in directly to the adjacent properties so that the new development does not impact the adjacent properties. Further, the grading plan has been designed to minimize the use of retaining walls to the extent possible and accommodate edge conditions with existing uses. Grading along the eastern edge of the project site (Mariners Church and Rancho Alipaz Mobile Home Park properties) and southwestern portion of the site (Kinoshita Elementary School property) has been designed to match existing grades. In addition, the approximate eight feet of separation between the proposed perimeter wall on the Farm property and the existing wall/row of trees on the Rancho Alipaz Mobile Home Park property will serve as a buffer between the two developments, and the existing trees will provide natural screening. Retaining walls will be necessary in limited locations to accommodate the edge conditions with the existing retail nursery use. 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title because all building footprints have been designed with setbacks consistent with the development standards presented in The Farm Specific Plan. The grading and building footprint design also accommodate minimum setbacks from tops and toes of slopes. 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the changes are subject to Plan Check review by the City’s Engineering Department to ensure that grading will not result in any negative impacts to hydrology, water quality as required by local and state ATTACHMENT 7, PAGE 39 OF 42 PC Resolution 19-06-09-05 7 June 9, 2020 laws. Prior to issuance of grading or building permit, the applicant must demonstrate to the satisfaction of the Public Works Director that the proposed grading will not result in any negative impacts to hydrology, and water quality as required by local and state laws. The grading modifications do not impact views or trail easements. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.343 Sign Permit, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed signs are consistent with the design criteria of Section 9- 3.543, Signs, the Community Design Element, and the Design Guidelines because the signs are in compliance with the applicable design standards and are in compliance with the Community Design Element Policy 1.2 Encourage high quality and human scale design in development to maintain the character of the City, because the signs are designed with high quality materials (metal), and are designed to assist vehicular traffic and circulation orientation, and placed to avoid impacting visibility for passing drivers. 2. The proposed sign conforms to all numerical size, height, and other requirements of Section 9-3.543, Signs, and to any approved sign program adopted for the development project in which the sign is to be located because as provided in Table 1-0 of the staff report, the proposed subdivision signs conform to the required sign standards. The Harvest Park sign measuring 24.6 square feet in sign area is not defined as a subdivision sign per the City’s Municipal Code. Furthermore, the Municipal Code does not provide standards for public park signs. Although the park sign differs from other public park signs, it is consistent with the design of the subdivision sign, conforms with the community’s architectural theme, and is consistent with The Farm Specific Plan, Section V, Architectural Design Guidelines which provides “Choose materials to complement the overall project design and context. Building materials should convey a sense of quality and permanence”. 3. The sign will not be detrimental to the public health, safety, or welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct the view of other legal signs, be compatible with surrounding areas and be consistent with the City's adopted Architectural Design Guidelines because the subdivision signs are proposed to be located at the community entries at Del Obispo Street and Via Positiva and within an area outside of the visibility triangle necessary for safe vehicular travel, which ensures that the signs do not create a hazard to adjacent properties, and is generally consistent with the Design Guidelines, which require the signs to be complementary to the architecture and design of the project site. 4. In order to achieve maximum limits of sign area, there must be a finding that the sign is appropriate within the context of the project and compatible with the surrounding area. Numerical requirements are only guidelines and not guarantee. The proposed project includes subdivision entry signs at the project entry on Del Obispo Street and the project entry on Alipaz Street. The entry subdivision signs have been designed consistent with the lighting and design standards included in The Farm Specific Plan and Municipal Code Section 9‐3.543. Consistency with the adopted Specific Plan and ATTACHMENT 7, PAGE 40 OF 42 PC Resolution 19-06-09-05 8 June 9, 2020 Municipal Code standards ensures compatibility with the surrounding area. The size, design, materials, and lighting are compatible with surrounding residential neighborhoods and businesses. The proposed signs were also considered by the Design Review Committee, which recommended approval. Signage associated with the proposed project has been reviewed and determined to be appropriate within the context of the project and compatible with the surrounding area. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as established by Section 9-2.349 Tree Removal Permits, of Title 9, Land Use Code of the City of San Juan Capistrano: 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance because non-native trees and trees that are not in keeping with the community character such as the Gold Medallion Tree will be replaced with low water use and native trees such as the Western Sycamore. The proposed detailed Landscape Plans include the installation of a substantial number of trees appropriate to the area. Landscaping would also include shrubs and groundcover. 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations because the applicant is proposing to install new trees throughout the site, along the entire length of the spine road, along the edges of Del Obispo Street, Alipaz Street and Via Positiva and within Harvest Park and the community recreation facility. The removal of trees will temporarily impact views, the public streetscape and aesthetics; those impacts, however, will be mitigated by the installation of the replacement trees. The proposed landscaping improvements will be consistent with the landscaping already existing on neighboring properties and throughout San Juan Capistrano. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area because the installation of the proposed tree species, including but not limited to Pepper trees, Chinese Elm, Cherry Plum, Olive, Jacaranda, Gum Tree and Palm trees are appropriate to the site, as it will create cohesion and consistency within the new development as well as surrounding properties and streetscape located on the northside of Del Obispo Street, adjacent to the Oliva residential development. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Architectural Control (AC) 19-020, Grading Plan Modification (GPM) 19-020, Sign Permit (SP) 19-032, and Tree Removal Permit (TRP) 19-041 subject to those conditions of approval that are applicable to these entitlements as established by Exhibit A of PC Resolution 20-06-09- 04, including the provision that this approval is contingent upon the City Council approving Tentative Tract Map (TTM) 19-002, and that if TTM 19-002 is denied by the City Council, this Resolution and these approvals are deemed null and void. ATTACHMENT 7, PAGE 41 OF 42 ATTACHMENT 7, PAGE 42 OF 42