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.
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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
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LOCATION MAP
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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
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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
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(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.
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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.
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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.
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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
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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
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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
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(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:
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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
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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;
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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
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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
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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,
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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
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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.
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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
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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
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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
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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
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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
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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)
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Resolution # 20-06-09-04 Final Conditions of Approval
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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.
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Resolution # 20-06-09-04 Final Conditions of Approval
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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
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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
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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
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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
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Resolution # 20-06-09-04 Final Conditions of Approval
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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
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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
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(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
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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
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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
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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,
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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;
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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