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03-0603_WILLIAM LYON HOMES , INC._Notice of Completion • This Documents electronically recorded by Cert Mail D RECORDED AT REQUEST OF AND RETURN TO: Recorded in Official Records, Orange county City of San Juan Capistrano Tom Daly, clerk-Recorder City Clerk's Office �gI�I�,I��U�� 32400 Paseo Adelanto 99 11 NO FEE San Juan Capistrano, CA 92657 2008000502096 09:36am 11/03/08 213 92 N12 1 RECORDING FEES EXEMPT DUE TO o.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the Subdivision Improvement Agreement between the City of San Juan Capistrano, California, and William Lyon Homes, Inc., whole mailing address is 4490 Von Karman Avenue, Newport Beach, California, developer of tract 16221 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 16221, IN THE CITY OF SAN JUAN CAPISTRANO: That work was completed by said developer on April 25, 2008,according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City of San Juan Capistrano at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner,at a regular meeting thereof held on the 21 st day of October, 2008, by Resolution No. 08-10-21-02. That upon said contract, Arch Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 21st da ci tober 2008. Margof onahan, Ci Cler City San an Capistra STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, MARGARET R. MONAHAN,the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penaltyof perjurythat 1) 1 have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 21 st day of O to r b 8. , Mar ar ahan, ity C er City of San unCapi r no VO RECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED, MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIiIIIIIIIiIIIIIII NO FEE Margaret R. Monahan, City Clerk 2005000028568 08:31am 01112105 City of San Juan Capistrano t» e2 Al2 38 32400 Paseo Adelanto 0.00 0.00 0.00 0.00 0-00 0.00 0.00 0.00 San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano This Space for Recorder's Use Only Title of Document: / Development Agreement for the Rancho Madrina Project between the City of San Juan Capistrano and William Lyon Homes, Inc. SD RECORDING REQUESTED AND WHEN RECORDED, RETURN TO: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Space Above This Line for Recorder's Use DEVELOPMENT AGREEMENT FOR THE RANCHO MADRINA PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WILLIAM LYON HOMES, INC. Exhibit A EFFECTIVE DATE: February 14, 2005 05-01-05 0898 Rancho Madrina Dev Agree Ex A.doc TABLE OF CONTENTS Page No. 5.1.3 City Council Hearings ............................................................................................................7 5.2 Cooperation in Securing Permits....................................................................................................7 6. DEVELOPMENT OF THE PROPERTY.................................................................................................8 6.1 Permitted Uses..............................................................................................................................8 6.2 Future Laws...................................................................................................................................8 6.3.1 Project EIR.............................................................................................................................8 6.4 Application of Subsequently Enacted Rules, Relations, Etc..........................................................8 6.6 Time For Construction and Completion of Project.........................................................................8 6.7 Residential Building Permit Allocation Plan ........................................................................9 6.8 Certificate of Completion................................................................................................................9 6.10 Cooperation in Securing Government Permits/Conflict of Laws................................................9 6.11 Mass Grading Authorized Following Tentative Map.........................................................................9 7. PUBLIC IMPROVEMENTS PROGRAM.................................................................................................9 7.1 Responsibility for Public Improvements ........................................................................................9 7.2 Acquisition/Condemnation of Off Site Property............................................................................9 7.3 Phasing of Public Improvements ...................................................................................................9 7.4 Improvements Scheduling .............................................................................................................9 7.5 Financing for Public Improvements..............................................................................................10 7.6 Sewer Capacity............................................................................................................................10 8. ANNUAL REVIEW...............................................................................................................................10 8.1 City and Owner Responsibilities..................................................................................................10 8.4 Review Letter...............................................................................................................................10 8.5 Estoppel Certificates ....................................................................................................................10 8.6 Failure of Periodic Review...........................................................................................................11 9. ENFORCED DELAY, DEFAULT,REMEDIES AND TERMINATION ...................................................11 9.3 Specific Performance Remedy....................................................................................................1 l _ ii_ TABLE OF CONTENTS Page No. 9.6 Applicable LawslAttomeys Fees...................................................................................................11 10. ENCUMBRANCES AND RELEASES ON PROPERTY....................................................................11 10.1 Discretion to Encumber................................................................................................................11 10.2 Entitlement to Written Notice of Default....................................................................................11 10.3 Property Subject to Pro Rata Claims.......................................................................................11 11. MISCELLANEOUS PROVISIONS....................................................................................................12 11.1 Rules of Construction...............................................................................................................12 11.2 Severability..............................................................................................................................12 11.3 Entire Agreement,Waivers, and Amendments.........................................................................12 11.4 Project as a Private Undertaking..................................................................................................12 11.5 Incorporation of Recitals..............................................................................................................12 11.6 Captions...................................................................................................................................12 11.7 Consent....................................................................................................................................12 11.8 Covenant of Good Faith and Fair Dealing................................................................................12 11.9 Covenant of Cooperation.........................................................................................................13 11.10 Further Actions and Instruments................................................................................................13 11.11 Operating Memoranda and Amendments...............................................................................13 11.11.1 Alteration of Permitted Uses.............................................................................................13 11.11.2 Increase in Density or Intensity..................................................................................13 11.11.3 Increase in Height and Size.............................................................................................13 11.11.4 Deletion of Reservation Requirements.............................................................................13 11.12 Successors and Assigns..........................................................................................................13 11.13 Notices.....................................................................................................................................14 11.14 Recording.................................................................................................................................14 11.15 Effective Date...........................................................................................................................14 -iii - DEVELOPMENT AGREEMENT RANCHO MADRINA THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("City"), and WILLIAM LYON HOMES, INC., a California corporation ("Owner"), and its successors or assigns. RECITALS A. On May 20, 2003, the City Council of City certified the Environmental Impact Report ("EIR") dated May 2003 approved for the following Project: (i) Comprehensive Development Plan ("CDP") 01-01, Honeyman Ranch (Rancho Madrina) establishing development and zoning standards to allow development of one-hundred and twenty-four (124) residential units within the planned community; and (ii)tentative tract map (TTM) 16221, allowing one-hundred and twenty-four (124) residential lots, and subsequently amended by the Record of Administrative Approval approved by the Planning Director on October 17, 2003 to allow one- hundred and nineteen (119) residential units. B. On June 3, 2003, the City Council of City enacted Ordinance No. 882, adopting CDP 01-01, Honeyman Ranch and adopted Resolution No. 03-06-03-01 conditionally approving Tentative Tract Map 16221; and on October 5, 2004 approved Final Map (FM) 16221. C. City and Owner desire to enter into this Development Agreement to further confirm their rights and obligations to each other regarding the EIR, CDP 01-01, TTM 16221, and FM 16221 and the Other Entitlements (defined below). 1. AGREEMENT. 1.1 Code Authorization. This Agreement is authorized by and in accordance with Government Code Sections 65864 through 65869.5 and related City Ordinances and policies. These laws and policies allow the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose of establishing certainty in the development process for both the City and the property owner. 1.2 Interest of Owner. Owner is the legal and/or equitable owner of approximately 78.6 acres of real property located in the City (the "Property"). legally described on Exhibit "A" and shown on Exhibit "B" attached hereto. The Property forms a portion of the Rancho Madrina Planned Community. Owner intends to develop the Property pursuant to CDP 01-01, TTM 16221, FM 16221 and the certified EIR (the "Project"). City and Owner wish to provide for the development of the Property and obtain certainty of development Entitlements and obligations in connection therewith. 1.3 Intent of Parties. The development of the Project is intended to implement specific land uses, provide public infrastructure and generate revenues to the City, all in promotion of the health, safety and general welfare of the residents of City. 1.3.1 Achievement of General and Comprehensive Development Plan Goals. Achieving of the goals of CDP 01-01 as well as the City General Plan and City policies requires the cooperation of Owner and City. As a result of the development of the Property, the City will benefit from added residential neighborhoods having a range of housing types, - t - significant increases to the real property tax base, and substantial improvements to public infrastructure and facilities including arterial streets, storm drainage facilities, and General Plan trails. 1.3.2 Consistency Finding. By approving and executing this Agreement, the City finds that its provisions are consistent with and in the furtherance of the City's General Plan and with CDP 01-01, and the City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the City's present and future residents, property owners and taxpayers. The Project has been analyzed and reviewed by the City as part of its process of granting development approvals, in view of the enacted land use standards and policies of the City embodied in its Existing Standards and in view of State law including, without limitation, CEQA. 1.4 Certainty of Process. The phasing, timing and development of the Project and the Public Improvements necessitate a significant commitment of resources, planning and effort by Owner and City, thus requiring certainty in the development process. In return for Owner's participation and commitment to the significant contribution of private resources, including substantial economic resources for public purposes, the City wishes to commit to certainty in the development process for the Property. 1.5 Planning Commission - City Council Hearings. On November 23, 2004, the Planning Commission of City, after giving notice pursuant to Government Code Section 65867, held a public hearing to consider Owner's application for this Agreement. On December 7, 2004, the City Council, after providing public notice as required by law, held a public hearing to consider Owner's application for the Agreement. 1.6 City Council Findings. The City Council has found that this Agreement is consistent with the General Plan and CDP 01-01, as well as all other applicable plans, ordinances, policies and regulations of the City. 1.7 City Ordinance. On 2004, the City Council adopted Ordinance No. approving this Agreement (the "Adopting Ordinance"). The Adopting Ordinance became effective thirty (30) days following City Council adoption (the "Effective Date"). 1.8 Consideration. The City has determined that this Agreement will further the goals and objectives of the City's land use planning policies, by eliminating uncertainty in planning for the orderly development of the Project, to the end that adequate long term plans regarding the provision of necessary infrastructure for existing and future city residents can be developed and implemented. Without limiting the generality of the foregoing, the benefits conferred by the Project pursuant to this Agreement will help increase traffic capacity for the road system of the City and will facilitate the installation of certain other significant public improvements, all of which will significantly promote the health, safety and general welfare of present and future residents of the City. In exchange for these benefits to the City and its residents, the Owner wishes to receive the assurances permitted by State law that the Owner may proceed to develop the Project in accordance with CDP 01-01, TTM 16221, FM 16221, and the certified Final EIR dated May 2004 , and at a rate of development subject to the terms and conditions of this Agreement. The rights, duties, obligations and assurances provided by the City and the Owner to each other in this Agreement are being provided pursuant to and as contemplated by State law, are -2 - bargained for and in consideration for the undertakings of the parties, and are intended to be and have been relied upon by the parties to their detriment, such that the Owner will be deemed to have a vested interest in CDP 01-01, which will be the controlling land use plan for the Project in combination with this Agreement. 2. DEFINITIONS. The following definitions apply only to their use within this Agreement and not to any other document or agreement pertaining to the Project, including CDP 01-01. These definitions are intended to have substantive effect. 2.1 The "Adopting Ordinance" refers to City Ordinance No. adopted by the City Council and authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this " Development Agreement" related to this Project. 2.3 The "Approval Date" refers to the date on which the City Council approved the Adopting Ordinance. 2.4 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases and assignments. 2.5 "CEQA" refers to the California Environmental Quality Act (Public Resources Code Sections 21,000, at seq.). 2.6 "City" refers to the City of San Juan Capistrano, California. 2.7 "City Council" refers to the city council of the City. 2.8 "Comprehensive Development Plan" refers to CDP 01-01 approved by City Council Ordinance No. 882 on June 3, 2003 , a copy of which is on file with the City Clerk. 2.9 "Cure Period" refers to the period of time permitted pursuant to Section 9 in this Agreement. 2.10 A "dam' or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" or "default" refers to any material default, breach or violation of the provisions of this Agreement. A "City Default" or "City default" refers to a Default by the City, while an "Owner Default" or"Owner default" refers to a Default by Owner. 2.12 The "Director" refers to the Director of Planning Services of the City or any successor to that title or a successor title. 2.13 The "Effective Date" refers to the effective date of the Adopting Ordinance. 2.14 The "EIR" refers to the Environmental Impact Report certified by the City Council on June 3, 2003 in connection with CDP 01-01, and TTM 16221. -3- 2.15 "Entitlements" refers to adoption of CDP 01-01, approval of TTM 16221, and future licenses, approvals and permits necessary or incidental to the development of the Project, whether discretionary or ministerial. Entitlements include, but are not limited to, comprehensive development plans, rezones, conditional use permits, tentative and final parcel maps, general plan amendments, site development plans, tentative and final subdivision map approvals, whether standard or vesting, project plans, grading permits, building permits, occupancy permits, actions pursuant to the California Environmental Quality Act, and this Agreement. 2.16 An "Exaction" refers to any fee, requirement, dedication, condition, restriction or limitation imposed by the City upon the development of the Property at any time. 2.17 "Exhibit" refers to an exhibit to this Agreement as listed in Section 3 below. All Exhibits are incorporated by reference as a substantive part of this Agreement. 2.18 "Existing Standards" refers to all the laws, statutes, codes, resolutions, policies, regulations and orders of the City affecting the permitted uses of the Property, the density or intensity of use, limits or controls on the rate, timing or sequence of development, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes, the design, improvement and construction standards for the Project, all as set forth in CDP 01-01 and, if not addressed in CDP 01-01, the ordinances, regulations, resolutions, rules and official policies of the City in effect on the Approval Date, including all Entitlements approved on or before the Approval Date. 2.19 "Future Laws" refers to all laws, statutes, ordinances, codes, resolutions, policies, rules, regulations and orders of the City enacted after the Approval Date, whether by City Council action, initiative, or otherwise which in any way affect the Project. "Future Laws" include but are not limited to changes to the Existing Standards and amendments to the General Plan. 2.20 "Future Entitlements" refers to all Project Entitlements, or amendments thereto, approved or adopted by the City after the Approval Date. 2.21 "General Fees" refers to all application fees, processing fees, utility connection fees, inspection fees, and development impact fees (including, but not limited to, general development fees, traffic impact fees, park fees and such other similar fees as may be enacted from time to time) generally applied throughout the City to development projects or types of development similar to the Project. 2.22 "General Plan" refers to the City's general plan in effect on the Approval Date of this agreement. 2.23 "Mortgage" refers to the lien of any mortgage, deed of trust, sale-leaseback agreement, lease, sublease or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security. 2.24 "Mortgagee" refers to the holder of a beneficial interest under a Mortgage or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. -4- 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.26 "Owner" refers to William Lyon Homes, Inc., a California corporation. 2.27 The "Parties" refers to the City and Owner and a "Party" shall refer to either of the Parties. 2.28 "Project" refers to the proposed development of the Property pursuant to CDP 01-01, TTM 16221, FM 16221 and the certified Final EIR. 2.29 "Project Plans" refers to specific residential and other construction plans which shall include elevations, landscaping and architectural designs and features consistent with CDP 01-01 and other Entitlements. 2.30 The "Prooertv" refers to the real property legally described on Exhibit "A" and depicted on Exhibit "B" to this Agreement. 2.31 The "Review Letter" refers to the letter in Section 8 below. 2.32 "Subdivision Mad' refers to Final Tract Map 16221 approved by the City Council on October 5, 2004. 2.33 The "Term" refers to the term of this Agreement as provided in Section 4.1 below. 3. EXHIBITS. The following Exhibits to this Agreement are incorporated herein by this reference,whether attached hereto or contained in the Technical Appendices: Exhibit "A": Legal Description of the Property Exhibit"B": Map of the Property 4. GENERAL PROVISIONS. 4.1 Term of Agreement. Unless otherwise extended, terminated or modified pursuant to this Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date and shall extend for a period of five (5)years following the Effective Date, and shall be subject to one five (5)year extension upon approval by the City Council. 4.2 Assignment. The rights and obligations of Owner under this Agreement may be assigned in writing in whole or in part as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of the Agreement and to the prior written consent of City, which shall not be unreasonably withheld. During the Term, any assignee shall have those rights, benefits and obligations of Owner under this Agreement as expressly assigned with respect to the portion of the Property owned by assignee. Immediately upon delivery by Owner to the City of the assignee's written assumption of Owner's rights and obligations under this Agreement with respect to any portions of the Property being assigned, Owner shall be released from all obligations as to any portions of the Property so assigned. -5- 4.3 Amendment or Cancellation of Agreement. This Agreement may be extended, canceled or amended from time to time by the mutual consent of the Parties, but only in the manner provided by the Government Code and the City's Ordinances. The "Agreement" shall include any amendment properly approved and executed. 4.4 Unforeseen Circumstances. If, as a result of facts, events or circumstances presently unknown and unforeseen, and which could not have been known or foreseen by the Parties, the City determines in good faith that the immediate physical health and safety of the City necessitate the modification, suspension or termination of the Agreement, the City shall: (i) give Notice to Owner of a. the City's intended action, and b. the reasons and factual basis for the City s determination; (ii) forward to Owner a minimum of thirty (30) days prior to a public hearing, all documents relating to that determination; (iii) give Notice to Owner at least thirty (30) days prior to the hearing date, of the time and place of the hearing; and (iv) hold a City Council hearing on the determination, at which hearing Owner shall have the right to present witnesses, reports, and oral and written testimony, and further have the right to examine witnesses, City staff, or other persons. The City shall have the obligation, based upon clear and convincing evidence, of establishing that: (i) the circumstances were unknown and unforeseen and could not have been known or foreseen; (ii) the immediate physical health or safety of the community require the suspension, modification or termination of the Agreement in contrast to any other alternative; and (iii) the City and Owner shall have developed an equitable program to adjust the obligations proportionately to meet the changed circumstances. This provision shall neither limit nor expand the rights or liabilities of either of the Parties with respect to the enforcement of the Agreement, the reimbursement of costs related to the Project, or the development of the Property. If the City Council fails to make such findings, then the Agreement shall not be terminated, modified or suspended. The unforeseen circumstances which justify the suspension, modification or termination of the Agreement shall not include changes in state or federal law. In the event of changes in state or federal law, the provisions of Section 4 below shall govem. -6 - 4.5 Enforcement. Unless amended or terminated as provided in Sections 4.3 and 4.4, the Agreement is enforceable by any Party or its assigns, notwithstanding any Future Laws which alter or amend the Existing Standards. 4.6 Relationship of the Parties. The contractual relationship between the City and Owner arising out of this Agreement is one of independent contractor and not agency. 4.7 Sale to Public: Automatic Termination. The provisions of Section 4.2 requiring prior approval shall not apply to sale or long term lease of individual, finally subdivided lots or parcels to members of the public for their use or occupancy. This Agreement shall automatically terminate with respect to such lot or parcel upon the occurrence of the two following events: (i) sale or long term lease to a member of the public and (ii) issuance of a certificate of occupancy for the building(s)constructed thereon. The provisions of this Section 4.7 shall be self-executing without the necessity of execution or recordation of any further document. 5. CONFLICTS OF LAW. 5.1 Conflict of City and State or Federal Laws. If state or federal laws or regulations enacted after the Approval Date (i) prevent compliance with any provision of the Agreement, (ii) require (as opposed to allow) changes in plans, maps or permits approved by the City, and (iii) the federal or state law or regulations are mandatory and controlling, then the Parties shall: 5.1.1 Notice and Copies. Provide the other Party with Notice and a copy of the law or regulation and a statement of the conflict between the law or regulation and the provisions of the Agreement and of the proposed course of action of the Party giving the Notice; and 5.1.2 Modification Conference. Within thirty (30) days following the Notice, meet and confer in good faith in a reasonable attempt to modify the Agreement to comply with the law or regulation. 5.1.3 City Council Hearings. Subsequent to the conference referred to in Subsection 5.1.2 above, whether or not the Parties agree on the effect of the law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City Council. Thirty (30) days' written notice of the hearing shall be given pursuant to Government Code Section 65867. The written notice shall identify the proposed modification, suspension or alternate course of action. The City Council, at the hearing, shall determine the exact modification or suspension or alternate course of action, if any, which is necessitated by such law or regulation. At the hearing, Owner shall have the right to offer oral and written testimony. Any modification or suspension of the Agreement or alternate course of action shall be taken only by the affirmative vote of not less than a majority of the authorized number of members of the City Council, and shall be subject to judicial review in conformance with Section 9.5 below. 5.2 Cooperation in Securing Permits. The City shall assist Owner in the securing of any permits, including permits from other public agencies, which may be required as a result of the modifications, suspensions or alternate course of action. - 7- 6. DEVELOPMENT OF THE PROPERTY. 6.1 Permitted Uses. Subject to Sections 4 and 5 above, during the Term, the rules, regulations and official policies governing the permitted uses of the Property, the density or intensity of use, the timing and phasing of development of the Project, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards for the Project shall be only those set forth in this Agreement, CDP 01-01, and TTM 16221. In the event of any inconsistencies, the provisions of CDP 01-01 and TTM 16221 shall prevail overall other Existing Standards and this Agreement. All future amendments of CDP 01-01 and TTM 16221 which are approved by the City Council and Owner shall be deemed consistent with this Agreement. 6.2 Future Laws. Future Laws shall not apply to the Property or the Project except as expressly provided in this Agreement or expressly required as opposed to permitted by State or federal law, except any fees due to the City at the time of building permit or grading permit issuance which shall be those fees in effect at that time. 6.3 Project EIR. The Parties intend that the EIR shall be the project EIR for all Entitlements and Future Entitlements for the Project, and no future environmental impact reports are required. Notwithstanding the foregoing, the City may conduct, if legally required in accordance with CEQA and the Existing Standards, an environmental review of Future Entitlements. The City may impose, if legally required by CEQA, additional reasonable and customary mitigation measures to mitigate significant adverse environmental effects which were not previously considered at the time of approval of CDP 01-01, the EIR and/or the Entitlements. 6.4 Application of Subsequently Enacted Rules. Regulations, Etc. Subject to Section 6.3, Future Laws may be applied to the Project only if they are not in conflict with or more restrictive than the Existing Standards and will not prevent, hinder, delay or financially impact development of the Property according to CDP 01-01 and the Entitlements and in the time frame desired by Owner. Provided, however, the City may apply future changes to the uniform codes such as the Uniform Building Code, Uniform Electrical Code and Uniform Mechanical, Plumbing and Fire Codes which are enacted by the City Council at it's legislative discretion based on public health welfare and safety considerations. 6.5 Time For Construction and Completion of Project. Owner and City cannot predict when or the rate or the order in which the Private Improvements will be developed, if at all. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion, and other similar factors. Therefore, Owner may develop the Project at the rate deemed appropriate in Owner's subjective business analysis. Notwithstanding the California Supreme Court decision in Pardee Constru tion Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the Parties' emphasize it is the intention and purpose of this Agreement that Owner shall have the right to develop the Project at such rate, and at such times as Owner deems appropriate. It is the intent of the parties hereto that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements for use approved, issued or granted within the City, or any portion thereof, shall apply to the Project to the extent such moratorium or other limitation is inconsistent or in conflict with this Agreement. The residential building permit allocation plan shall be governed by Section 6.6 hereinafter. -8 - 6.6 Residential Building Permit Allocation Plan. City has, by the adoption of Resolution 04-04-20-4 established an annual allocation of dwelling units for Owner's Project consisting of up to 90 dwelling units in year 2004 and 30 dwelling units in year 2005. This allocation authorizes the issuance of building permits for these dwelling units during the above stated calendar years. Notwithstanding Municipal Code Section 9-2.325, City hereby authorizes Owner, or its successors in interest, as a matter of right to obtain building permits for those allocated dwelling units which are not actually constructed during years 2004 and 2005, in other, future years on an as needed basis, to comply with the intent of this Agreement as specified in Sections 6.5 and 6.6 and otherwise. 6.7 Certificate of Completion. If requested by Owner or any Mortgagee after City's formal approval of the completion of any stage or portion of development of the Project, City shall provide Owner with an instrument certifying completion. The cert cation is a conclusive determination that the obligations of Owner under the Agreement with respect to the stage or portion of development so described has been met. The certification shall be in recordable form. Such Certificate of Completion is not a notice of completion as referred to in California Civil Section 3093. 6.8 Cooperation in Securing Government Permits/Conflict of Laws._ The City shall cooperate with Owner in submitting information which may be required by any other governmental agency in order to develop the Project in accordance with this Agreement. Owner will reimburse City for all reasonable costs incurred in providing such assistance. 6.9 Mass Grading Authorized Following Tentative Map. The mass grading of the Project, pursuant to an approved grading plan permit, may commence, at Owner's election, following approval of TTM16221. 7. PUBLIC IMPROVEMENTS PROGRAM. 7.1 Responsibility for Public Improvements. The Owner shall construct the on-site public improvements and construct or contribute the Project's pro-rata share of the off-site public improvements as required by the findings and conditions of CDP 01-01, TTM 16221, FM 16221 and the certified Final EIR. 7.2 Acquisition/Condemnation of Property for Off-site Improvements. If the City is unable or unwilling to acquire or condemn any necessary off-site property, rights of way, or easements per Government Code Section 66462.5, then, in accordance with said provision, the condition requiring such condemnation shall be subject to amendment to provide alternative mitigation. Such acquisition/condemnation shall be at Owner's expense, including attomeys'fees and court costs. 7.3 Phasing of Public Improvements. Although Owner may determine the timing of development of the Project as provided in Section 6.6 above, the Public Improvements may be completed in one or more phases as outlined above and as required to serve the particular increment of development as determined necessary by the City Engineer. 7.4 Improvements Scheduling. Dates or times of performance by either Parry may be subject to revision from time to time due to economic conditions and other causes as mutually agreed to by the Parties in writing. Such revisions are deemed to be within the framework of the Agreement and do not constitute amendments to the Agreement. -9- 7.5 Financing for Public Improvements. From time to time, Owner may propose to City use of public district financing, including but not limited to, community facilities districts, assessment districts, or other bonded indebtedness programs to facilitate the construction or acquisition of Public Improvements to be constructed and financed by the Project. City agrees to consider such proposals, if made under its Existing Standards in good faith. Nothing herein shall be deemed to preclude the use of public financing techniques reasonably acceptable to Owner and City. 7.6 Sewer Capacity. In further consideration of the mutual obligations contained herein, City agrees to use its best efforts to assure the availability of sufficient sewer capacity for construction, development and occupancy of the Property consistent with this Agreement. 8. ANNUAL REVIEW. 8.1 City and Owner Responsibilities. Within sixty (60) days after the end of each twelve (12) month period during the term of this Agreement, City shall commence a review of the extent of good faith substantial compliance by Owner with the terms of this Agreement (the "Annual Review"). At the conclusion of the Annual Review, the Citys finding of good faith compliance by Owner with the terms of the Agreement shall be conclusive up to the date of such finding for the purposes of future Annual Reviews or legal action between the Parties. Pursuant to Government Code Section 65865.1, as amended, and applicable City Ordinances, Owner shall have the duty to demonstrate its good faith compliance with the terms of the Agreement at the Annual Review. 8.2 Review Letter. If Owner is found to be in compliance with the Agreement after the Annual Review, City shall issue, upon written request by Owner, a letter to Owner (the "Review Letter") stating that, based upon information known or made known to the City Council, the City Planning Commission, and/or the City Manager, the Agreement remains in effect and Owner is not in Default. Owner may record the Review Letter in the Official Records of the County of Orange. 8.3 Estoppel Certificates. Either party may at any time, and from time to time, deliver written Notice to the other Party requesting that the other Party certify in writing that to the knowledge of the certifying Party: (i) The Agreement is in full force and effect and is a binding obligation of the Parties. (ii) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (iii) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if in Default, the nature and amount or description of any Default. A Party receiving a request under this provision shall execute and return a certificate within thirty (30) days following receipt of the request. The Director shall have the right to execute any certificate requested by Owner on behalf of City. A certificate given pursuant to this section may be relied on by assignees and Mortgagees. 10- 8.6 Failure of Periodic Review. City's failure to review at least annually (as described herein) Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by City as an Owner Default. 9. DEFAULT& REMEDIES. 9.1 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. In addition, City and Owner agree that monetary damages are not available if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Owner if City fails to carry out its obligations under this Agreement, and City hereby agrees that Owner shall be entitled to seek specific performance in the event of a default by City hereunder. 9.2 Applicable Laws/Attomev's Fees. The Agreement shall be construed and enforced in accordance with the laws of the State of California. All statutory references are to California statutes. Should any action between the Parties be brought in any court of competent jurisdiction arising out of or in connection with the Agreement, the prevailing Party in the action shall be entitled to recover reasonable attorney's fees, court costs, and necessary disbursements in connection with this litigation. 10. ENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. The Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any Mortgage. City acknowledges that lenders providing financing may require modifications to the Agreement and City agrees, upon request, from time to time, to meet with Owner and/or representatives of lenders to negotiate in good faith any lender request for modification. City agrees to not withhold unreasonably its consent to any lender requested modification to the Agreement. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to City, shall be entitled to receive from City written Notice of any Owner Default at the same time Owner is provided with Notice pursuant to Section 8.4 above. 10.3 Property Subject to Pro Rata Claims. Any person or entity who/which comes into possession of any portion of the Property pursuant to foreclosure of a Mortgage or deed in lieu of foreclosure, shall take possession, on an average pro rata basis, subject to claims for payments or charges established by the Agreement against the Property and which accrue prior to the time the person or entity comes into possession. _ 11 _ 11. MISCELLANEOUS PROVISIONS. 11.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine;"shall"is mandatory;"may'is permissive. 11.2 Severability. If any non-material provision of the Agreement shall be adjudged by a court of competent jurisdiction to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision of the Agreement. In the event a material part of the Agreement is adjudged by a court of competent jurisdiction to be invalid, void or illegal, the entire Agreement is deemed to be unenforceable or void. For purposes of this Section 11.2, all provisions of Section 6 are deemed to be a "material part" of the Agreement. If any portion of the Agreement is adjudged to be unenforceable, that portion shall be deemed to be a statement of intention by the Parties and the Parties shall take all steps necessary to make valid the Agreement or that portion which is adjudged to be unenforceable. 11.3 Entire Agreement. Waivers. and Amendments. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties with respect to that subject matter. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate agents of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate agents of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the Effective Date, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing completion, revocation or termination signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 11.4 Project as a Private Undertaking. It is specifically understood by the Parties that: (a) the Project is a private development; (b) City has no interest in or responsibilities for or duty to third parties concerning any Private Improvements to the Property; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in the Agreement. 11.5 Incorooration of Recitals. The Recitals set forth in this Agreement are part of this Agreement. 11.6 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Agreement. 11.7 Consent. Where the consent or approval of a Party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 11.8 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. Each Party shall refrain from doing anything which would render its performance under this Agreement impossible. Each Party shall do everything which this Agreement contemplates that such Party shall do to accomplish the objectives and purposes of this Agreement. _ 12_ 11.9 Covenant of C000eration. The Parties shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than City. Owner reserves the right to challenge any ordinance, measure, moratorium, initiative, referendum or other limitation in a court of law to the extent deemed necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.10 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.11 Operating Memoranda and Amendments. The Parties acknowledge that the passage of time may demonstrate that changes are necessary or appropriate with respect to the details of each Party's performance under this Agreement. Because the parties desire to retain a certain degree of flexibility with respect to the details of each Party's performance pursuant to this Agreement, if and when the parties find that changes are necessary or appropriate, they will, unless otherwise required by law, effectuate such changes or adjustments through operating memoranda approved by the Owner and by the Director on behalf of the City. Each such operating memorandum will be attached hereto as an addendum and become a part hereof, and may be further changed from time to time as necessary or appropriate, as provided in this Section. No such operating memorandum will be deemed to be an amendment of this Agreement under Government Code Section 65868 and unless otherwise required by law, no such operating memorandum will require prior notice or hearing. Notwithstanding the foregoing, the following matters will not be considered as appropriate subjects of operating memoranda, but will be considered substantive amendments which must be reviewed by the Planning Commission of the City and approved by the City Council. . 11.11.1 Alteration of Permitted Uses. Alteration of the permitted uses of the Property except to the extent permitted by this Agreement or CDP 01-01. 11.11.2 Increase in Density or Intensity. Increase in the density or intensity of use or number of buildable lots except to the extent permitted by this Agreement or CDP 01-01. 11.11.3 Increase in Height and Size. Increase in the maximum height and size of permitted buildings except to the extent permitted by this Agreement or CDP 01-01 . 11.11.4 Deletion of Reservation Reguirements. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments approved by the Community Development Director of the City and except to the extent permitted by this Agreement or CDP 01-01. 11.12 Successors and Assigns. Subject to Section 4.2, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors-in-interest and assigns of the Parties to all or any portion of the Property, and shall run with and burden and benefit the Property, and all portions thereof. - 13- 11.13 Notices. All Notices between the Parties pursuant to this Agreement shall be in writing and shall be given by personal delivery (including Federal Express or other similar commercial overnight delivery services providing acknowledgments of receipt), by U.S. Postal Service registered mail, or by telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (i) For personal delivery, upon actual receipt; (ii) For U.S. Postal Service registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and (iii) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: To the City: City Clerk/City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Owner: William Lyon Homes, Inc. 4090 Von Karman Avenue Newport Beach, CA 92660 Attention: Tom Grable and John C. Condas, Esq. Nossaman, Guthner, Knox& Elliott, LLP 18101 Von Kerman Avenue, Suite 1800 Irvine, CA 92612 The addresses to which Notices shall be sent may be changed by giving written notice of change of address in the manner set forth above. 11.14 Recording. The City Clerk shall cause a copy of the Agreement to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the Effective Date. 11.15 Effective Date. This Agreement shall not take effect and no rights or obligations contained herein shall vest or inure to the benefit of any Party hereto until the Effective Date of the ordinance specified in Section 1.7 of this Agreement pursuant to Government Code Section 65867.5 and the completion of any referendum process initiated thereunder. [Signature page follows] - 14 - This Agreement has been executed by the Parties as of the date set forth next to their respective signatures. CITY OF SAN JUAN CAPISTRANO, a municipal corporation By: Wyatt H Mayor ATTEST: M R T MONAHAN, CITY CLERK A pr ed as form: JOHN SKANV, CITY ATTORNEY "OWNER" By: on behalf of William Lyon Homes, Inc. Thomas J. Mitchell Senior Vice President [Signatures To Be Notarized by Public Notary] STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On December 6, 2004 before me, Susan E Menard, Notary Public, personally appeared THOMAS J. MITCHELL personally known to me — OR — to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. AL SEAL w" +' SUSAN E.MENARD NOTARY PUBLIC-CALIFORNtA A COMMISSION#1447352 r ORANGE COUNTY My Commission Exp.October 26,2007 Signature �oC, Susan E Menard, Notary Public Commission #1447352 Commission Expires October 26,2007 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On January 5,2005, before me,Margaret R.Monahan,City Clerk,personally appeared Wyatt Har[, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. lift EAL) WITNESS my hand and official seal. Im • arg et R. Monahan, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Mayor Development Agreement Rancho Madrina Project Title Effective 2/14/2005 Signers are Representing City of San Juan Capistrano z�» �&® � 3 >\�� \? J�»`�\� �{��meq`\ \& . <��\\ ��{ � :�\�{z DEVELOPMENT AGREEMENT EXHIBIT A (Legal Description of Property) LOTS 1 - 119, "A" - 7" &"AN' -"QQ" OF TRACT 16221, RECORDED OCTOBER 14, 2004 IN BOOK 861 PAGES 6 THRU 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY OF ORANGE, CALIFORNIA. - SNEER 1 Of IS SHEETS AREA PY"' 5 TRACT NO. 16221 (WINS KI T IfN/I I,K IR1CI b. IWII) .LYS 19 LETRKD mrP n IN THE CITY OF SAN JUAN CAPl57RAN0 COUNTY OF ORANGE, STATE OF CALIFORNIA GREGORY A. HELMER T.$.. SIJA PF OATS Of SURVEY:AUGUST. 1003 NOTARY ACRNOINtrOGMENT.• (nAST AMERICAN TIME INSURANCE COMPANY) CASEYfNI LEGFNO SIA]F f!GL/(AN/A)4 ONVORWINES TW REFIRPROT 0-SAN DIEM GSITT FOR A MD EL[CNI[OW�T I1.[ODEDBD:rOR PALIC 8Y0,PAKUFIL 511/OF 0O R /N COUNTY OF ONAWE J} OB Kip ICS IK KICRCK[LINE rw A RD.IPA lw/RIDE PRIYME CAS( 1rw INNIC4.LAWsi MO HTO£K A INAYY AA.IK JRWR C5 W.AS II6IAVA/I W. 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AUGUST. 2003 3 b Y (W) gmIM 6 NPX-Il 'JO'10" JIM Y I R} I B 0/'.V'J/" M1.01' SCC y1Cq /I 9 31.410' 3LV.W' MJ'1f'11i W'Iv'31' IS5J.r0' ITL" N l 33.60' SL fflgl. /O y 661•�,�y /M 9FCI IS SJ ,J9 QM N � I/1 Yq SQ 875516' l) L WS 21-E S6.6I l 116.95'RJ7 l M.ff' g o o'o_' Rph 6 My 29'10• / 6C)' - ' Sa' a B � 'q'�-IM-11 113 AC DETAIL 4I4L AT IIW WRI JI O/5661' y` \ '19 =� tI \ / aA' • 511'3119Y 013' xW 13.89 b/M I➢/ 3la]J Y f PJ,b \'(f._^\ \\ POR OR. 27507292 \ y N Z' INST NO 93-0379364, 0R L 0 21- $ ?•: \�� 1149T NO NOT\\A PART �'�'yOII '9 \•w �✓;� \\ 2303300039957, \!l.ms ACJ / 8 n M72-M 40-N 12 E F Y. \\ \ / OR. 14234/1932LOT V z•srz'11'v'RI � lau \ armAC $ / IN5T NO. 1 !NSF N2 19990072141, \ m f6 g'•:� 109990137734, \\ \" \�/ OR 31 j9p� 21 0 a�U 'xA•b.\\ \ \I \ X31'53'061 �;/Q 6+21.31'1)'\` e \`TP. �$ ais.mmuf a.Pe ©sJ1'sa'm•r I� , '/t�. ,Mf R3 4N 6�.6'15B^�rX^^-(AbTP7LZ 8.\ \ q \ AM1 I j 6a _ -- 003 \ SF C laT 1Y.63_ Nl k_ (OT P"_��' (RAJ L T /L 05 JJ'/ILf \ ` 6NCR 3 IJ sa HEI 3 rw EA¢6vn Ic¢ro. \ s.6r I \ �\ SEE al Y(96CI!fa a6/3 O'L4,IMS rorz.d5 SJAIM LLC1Ilp6. 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IS m' m.4T' w SSW,.. 115 m' S6.J1' KO'JS'14'R�' {, IXYArt/ I'�'R'C C' 28 H'AS'M' ]Sm' AS.u' m 47'w'wT nN' (w) '�' SOFlasuL n m'12'JS' rrm.m' rm.22' r- - - - - - - - - - - - - - - - - - - - - - - - - - - - SHIFT 15 OF 15 SHEETS W mb' (HIITRACT NO. 16221 — -- — G ® 9.«611£[In RNlt6 IPGJn /q/A//KKL R IA.1CI m. 161]x1 M1H�LBIS rr9 LEII(.®mrs b IN THE CITY OF SAN JUAN CAPISTRANO r Is'Jru" m.m' II n' COUNTY OF ORANGE, STATE OF CALIFORNIA Ibm' 4172' SGIE i"-a• J a'JI'b" 0. 59.W' 51.W' Bs'n'w" m.m1m' GREGORY A. HELMER, L.S. 5134 PF WE OT SURVEY: AUGUST, 100.5 .A.m' b.n' > 9 '7'M IA.WSOm, 54A.W' '��• V6 . ' 5]' 9 IW'Wlll67'0]'m"" IS m' .C(D 10 11.10'41" A.W' S9X T KQY 12 NIB'W-my Jtw I+• ) I} NIe'M'JST 4s,v I) w9(CI]IM CAts"If" r5 .]'10'51" m.m' b.Al' ]) $F 9EL/J!W 81515 H HKIIYS mI[.95 LOTH!LO^.1//WE r1 Ab 6. mY51'AT f I GIW SIAI(W'I.IINIfNI WRS.[El1.b.VO IM[Y III° P5 IS A'25'19" SO.W' 13.m' 5) 4TJ9E[I IJIW ftYMUY MIIdY w/A ,6 W IJ C6'fiX UF .NIA m'mow,w,' . ' e5m' / IB 07'10'51' .19.W' 25.9' 19 07'W'9- 4r9 W' 1.11' / \ / 0 11'IN m b m 0 ' .17 21 n 07'6'07' 107.' bW n W-16 Jr 1A.W' 72.0X' x N P1 e5'J6'P[I" U1. M' A 71-42 41: I'1'41' w m' 6]59' �aI S X B'S9'31" rD W' IJ IN IW m' A 17' 31 M 0 71 f5 S) 11'N " .0.m' .IB' V A 24'.3M' 13.W' M / / 077.w 17 a �> 'bR / _ J9 Z-51 11' 11 m' rs 19' MJ•11 W7, set v'n'A" 173X sz JY \ rlRb)P R cc s''m / J / I sr I- L•no-m'Lv F�RKYL.c. B uF Ft� rot `\\\�� ?e;l •V 9JL �KM1 M141E M1S \\\ ^J\�PoR 8Z pP IN1'27MT _ 5 rl j•,p � P (�u I ��SI' \ 5911• (R.tl) Wm_ "BJ"/9'I xexn. 1J JA T B L A I cA mA/a'b• A y y x41'.1 vs" Qe� Z-1 \ 7 (RAO) / ©/;�A�� •Ie• 7 [ toT IbI IA\ G9AUY.G � r.bJx / 1pAoay7_WE WY J IER_(W)_RC1 yAip r Hrl'll'HFJ SEE SHEET 6 msl H♦ xJ TRAIL EASEMENT DETAIL l L- — — — — — — — — — — — — — — CITY OF S J C Fax: 949-493-1053 * 5k Transmit Conrt _ Report P, 1 Dec 5 2006 15:04 Fax/Phone Number Mode Start Time Page Result Note 9492529202 NORMAL 5, 15: 04 0' 00" 0 D. 0. 7 T Check condition of remote fax. facsimile TRANSMITTAL to: Heather Hart, William Lyon Property Management fax it: (949) 252-9202 re: Landscape Maintenance Agreement date: December 5, 2006 pages: 3, including this cover sheet. Per our phone conversation I'm faxing over a copy of the agreement. Thank you, Maria Morris Maria Morris Deputy City Clerk Cif„ of Qan it rnnicfrninn A ' 32400 PASEO ADELANTO 111( ellint MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 DTBtIISRED I 1961 (949)493.1171 1776 sAMALLEVATo (949)493-1053 FAX as DIANE L. THOATE www.sanjuancapistrano.org JOE S HART 5070 January 6, 2005 DAVID M.SWEROLIN Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Development Agreement for the Rancho Madrina Project between the City of San Juan Capistrano and William Lyon Homes, Inc. SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded document to this office. Thank you for your assistance, Marg t . Monahan Cit lerk Cc: Bill Ramsey, Principal Planner U.S. Postal Service CERTIFIED MAIL RECEIPT 0 a an O7Postage $ 36<3 Certified Fee F Return Receipt Fee Postmark (Endorsement Required) Here O O Restricted Delivery Fee O (Endorsement Required) O Total Postage 8 Fees $ a O] F To f1J r-a APG No,_....._...__...__.__...__.-- OBoxNarete,zla.a...__..______.__.. San Juan Capistrano: Preserving the Pascrd MMW� A60RD.. CERTIFICATE OF LIABILITY INSURANCE 12/31/2004 03/09/004) PRODUCER Lockton Insurance Brokers, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 725 S. Figueroa Street, 35th Fl. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License#0714705 ALTER THE COVERAGE AFFORDED BY THE PO1JCIESJaEL0W— Los Angeles CA 90017 (213)689-0065 INSURERS AFFORDING COVERAGE INSURED William Lyon Homes, Inc. INSURER A: Steadfast Insurance Company_ 1051526 4490 Von Karmen Ave. INSURER B: — Newport Beach CA 92660 INSURER C: INSURER D: INSURER E: COVERAGES OF THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DDMI LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 2S OOO OOO A X COMMERCIAL GENERAL LIABILITY HBP343667400 11/01/2001 12/31/2004 FIRE DAMAGE An ene Nre E 1 OOO OOO _ CLAIMS MADE (Y OCCUR MED EXP Am one erson s Excluded X Owners Contractors PERSONAL&ADV INJURY $ 25 000 000 GENERAL AGGREGATE f 25 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 25,000,000 PRO [7X1 POLICY 17 JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE (Ea eccieere) ALL OWNED AUTOS BODILY INJURY S XXXXXXX SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY accident) g XXXXXXX NON-OW NED AUTOS (Par accitlenU — ------- PROPERTY DAMAGE E XXXXXXX tper.ceai.M) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT s XXXXXXX__ ANY AUTO NOT APPLICABLE OTHER THAN EA AGC E XXXXXXX AUTO ON LY: AGO E XXXXXXX EXCESS LIABILITY EACH OCCURRENCE _ I XXXXXXX J OCCUR CLAIMS MADE NOTAPPLICABLE AGGREGATE E XXXXXXX UMBRELLA E XXXXXXX DEDUCTIBLE ID FORM XXXXXXX RETENTION E E XXXXXXX WORKERS COMPENSATION AND NOTAPPLICABLE WC STATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT E XXXXXXX E.L.DISEASE-EA EMPLOYEE E XXXXXXX EL.DISEASEE-POLICY L;NIIT $ XXXXXXX OTHER DESCRIPTION OF OPERATIONS/LOCATIONB/VEHICLEVEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re:Tract#16221.Certificate Holder is included as Additional Insured per Carriers endorsement STP-GL.I 13-A-CW(1/97)attached,with respect to their liability ansing out of the operations of the Named Insured. CERTIFICATE HOLDER X I ADDITIONAL INSURED,INSURER LETTER: A CANCELLATION 1982925 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Juan Capistrano DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL —N— DAYS WRITTEN 32400 Paseo Adelanto San Juan Capistrano CA 92675 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97) Fora.o•no...e.remy IN.umnc•IA.em.amo nume.rna.e le m.'PAewor..cnoe.ee....e wary mo aloin aoeo Wa rm'. ®ACORD CORPORATIO 1988 0 ZURICH Home Builders Protective Insurance Policy Endorsement Steadfast Insurance Company Dover,Delaware Administrative Offices-1400 American Lane,Schaumburg,Dlinois 60196-1056 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Poac No. ER.Date of Pol. I Ea .Date of Pol. 1 ER Date of End. I Producer Code Add'1 Prem. Return Prem HBP 3436674-00 11-01-2001 12-31-2004 Il-01-2001 75-428-000 -0- -0- NAMED INSURED: William Lyon Homes,Inc. (See Named Insured Endt.) ADDRESS: 4490 Von Karman Ave.,Newport Beach, CA 92660 Endorsement#020 This endorsement modifies insurance provided by the following: Home Builders Protective Insurance Policy Form Additional Insured — Scheduled - Owners, Lessees or Contractors - Broad Form This endorsement modifies insurance provided under the: Home Builders Protective Insurance Policy SCHEDULE Name of Person or Organization Any person or organization with whom you have agreed, through written contract, agreement or permit, executed prior to the loss, to provide additional insured coverage. (If no entry appears above,information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the SCHEDULE above whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured applies only to "bodily injury", "property damage" or "per- sonal and advertising injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The"bodily injury" or "property damage" results from your negligence; and 2. The"bodily injury", "property damage" or"personal and advertising injury" results directly from: a. Your ongoing operations; or Countersigned this _of Authorized Representative STF-GL113-A-CW(1/97) Page 1 of b. "Your work" completed as included in the P "P roducts-com leted operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to the additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or or- ganization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to the additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury" that results solely from negli- gence of the additional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an`occurrence"or offense that may result in a claim: 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy is- sued by another insurer under which the additional insured also has rights as an insured or additional in- sured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph I.n.(3) of SECTION V — HOME BUILDERS PROTECTIVE CONDITIONS Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. Countersigned this _of Authorized Representative STP-GL113-A-CW(1797) Page 2 of 2 RESOLUTION NO. 08-10-21-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16221, RANCHO MADRINA (WILLIAM LYON HOMES, INC.) WHEREAS, on October 5, 2004, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with WILLIAM LYON HOMES, INC, providing for the construction of certain public and private improvements within Tract 16221; and, WHEREAS, WILLIAM LYON HOMES, INC, has requested that the City determines that the street and traffic signal, storm drain, sewer,water, landscape and irrigation improvement work,within Tract 16221 are complete and the corresponding sureties be released accordingly. These sureties release are as follows: SURETY COVERAGE TYPE OF ORIGINAL AMOUNT ( Arch Insurance Company) IMPROVEMENT TO BE RELEASED Bond # SU5006854 Streets $1,268,250 Bond# SU5006855 Storm drain $820,780 Bond # SU5006853 Sewer $354,000 Bond #SU5010562 Landscape & Irrig. $2,188,700 Bond # SU5010559 Monumentation $83,000 Bond #SU6006212 Water(main bypass) $23,991 Bond # SU5006849 Water $753,977 Bond#SU5010563 Traffic signal & $218,000 striping Bond # SU5010564 Off-site Circulation $550,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and monumentation required to be performed by said developer have been completed. SECTION 2. That the completed work is approved. SECTION 3. That the surety described in chart above maybe fully released 35 days after recording of a Notice of Completion provided that no stop notices or full releases have been filed. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 21st day of October, 2008. cz:3, �— JOE ehTO, MA OR MAR ARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN,appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 08-10-21-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 21 st day of October 2008, by the following vote: AYES: COUNCIL MEMBERS: Hribar, Uso, Nielsen and Mayor Soto NOES: COUNCIL MEMBER: Njow� ABSTAINED: COU CIL MEMBER: Allevato MA AkIET R. MONAHAN, City Clerk 10/21/2008 AGENDA REPORT D7 TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tract 16221 Rancho Madrina (William Lyon Homes, Inc.) RECOMMENDATION By motion, 1. Adopt a Resolution accepting the public sewer and water improvement systems and the improvements for the private streets, storm drains, street monumentation and landscape & irrigation within Tract 16221; 2. Authorize the release of the bonds 35 days after recording; and, 3. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. SITUATION A. Summary and Recommendation William Lyon Homes, Inc. has requested the City to release the street, traffic signal, street monumentation, storm drain, sewer, water and landscape & irrigation bonds held by the City. These improvements have been inspected and satisfactorily completed. Staff recommends the release of the corresponding bonds. B. Background William Lyon Homes, Inc., developer of 119 residential homes on 78.46 acres of land subdivision in Tract 16221, has completed the improvement work as required by the Conditions of Approval and the Subdivision Improvement Agreements. The final Map, along with said Subdivision Improvement Agreement was approved by the City Council on October 5, 2004. AGENDA REPORT October 21, 2008 Page 2 With the completion of the improvements as noted in the summary above, the bond release is recommended as follows: SURETY COVERAGE TYPE OF ORIGINAL AMOUNT (Arch Insurance Company) IMPROVEMENT TO BE RELEASED Bond # SU5006854 Streets $1,268,250 Bond # SU5006855 Storm drain $820,780 Bond # SU5006853 Sewer $354,000 Bond #SU5010562 Landscape & Irrig. $2,188,700 Bond # SU5010559 Monumentation $83,000 Bond # SU5006212 Water (main bypass) $23,991 Bond # SU5006849 Water $753,977 Bond # SU5010563 Traffic signal &striping $218,000 Bond # SU5010564 Off-site Circulation $550,000 COMMISSION/BOARD REVIEW, RECOMMENDATIONS None FINANCIAL CONSIDERATIONS None NOTIFICATION William Lyon Homes, Inc. Rancho Madrina HOA AGENDA REPORT October 21, 2008 Page 3 RECOMMENDATION By motion, 1. Adopt the Resolution accepting the public sewer and water improvement systems and the improvements for the private streets, storm drains, street monumentation and landscape & irrigation within Tract 16221; 2. Authorize the release of the bonds 35 days after recording; and, 3. Direct the City Clerk to process recording of the Notice of Completion with the Orange County Recorder. Respectfully submitted: Prepared NasserA baszadeh, P.E. a $ o cair Public Works Director enior Engineer, Project Manager Attachments(s): 1. Resolution 2. Notice of Completion 3. Location Map RESOLUTION NO. 08-10-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16221, RANCHO MADRINA (WILLIAM LYON HOMES, INC.) WHEREAS, on October 5, 2004, the City of San Juan Capistrano entered into a Subdivision Improvement Agreement with WILLIAM LYON HOMES, INC, providing for the construction of certain public and private improvements within Tract 16221; and, WHEREAS,WILLIAM LYON HOMES, INC, has requested that the City determines that the street and traffic signal, storm drain, sewer,water, landscape and irrigation improvement work, within Tract 16221 are complete and the corresponding sureties be released accordingly. These sureties release are as follows: SURETY COVERAGE TYPE OF ORIGINAL AMOUNT ( Arch Insurance Company) IMPROVEMENT TO BE RELEASED Bond # SU5006854 Streets $1,268,250 Bond # SU5006855 Storm drain $820,780 Bond # SU5006853 Sewer $354,000 Bond # SU5010562 Landscape & Irrig. $2,188,700 Bond # SU5010559 Monumentation $83,000 Bond # SU5006212 Water(main bypass) $23,991 Bond # SU5006849 Water $753,977 Bond # SU5010563 Traffic signal & $218,000 striping Bond # SU5010564 Off-site Circulation $550,000 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: SECTION 1. That the works of improvement and monumentation required to be performed by said developer have been completed. ATTACHMENT 0 0 SECTION 2. That the completed work is approved. SECTION 3. That the surety described in chart above maybe fully released 35 days after recording of a Notice of Completion provided that no stop notices or full releases have been filed. SECTION 4. That the City Clerk is directed to forthwith forward a "Notice of Completion" to the County Recorder of the County of Orange for recording. PASSED, APPROVED, AND ADOPTED this 21st day of October, 2008. JOE SOTO, MAYOR MARGARET R. MONAHAN, CITY CLERK 0 0 RECORDED AT REQUEST OF AND RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92657 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 Margaret R. Monahan, City Clerk San Juan Capistrano, CA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN thatthe Subdivision Improvement Agreement between the City of San Juan Capistrano, California, and William Lyon Homes, Inc., whole mailing address is 4490 Von Karman Avenue, Newport Beach, California, developer of tract 16221 requires the developer to complete the following, to wit: CONSTRUCTION OF IMPROVEMENTS IN CONJUNCTION WITH THE DEVELOPMENT OF TRACT 16221, IN THE CITY OF SAN JUAN CAPISTRANO. That work was completed by said developer on April 25, 2008,according to plans and specifications and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that said work was accepted by the City of San Juan Capistrano at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 as public utility owner, at a regular meeting thereof held on the 21 st day of October, 2008, by Resolution No. 08-10-21 That upon said contract, Arch Insurance Company was surety for the bonds given by the said company as required by law. Dated at San Juan Capistrano, California, this 21 st day of October 2008. Margaret R. Monahan, City Clerk City of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN,the duly appointed and qualified City Clerk of the City Council of the City of San Juan Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury that 1) 1 have read the foregoing document and know the contents thereof, and the facts therein state are true of my own knowledge; 2) 1 declare the forgoing is true and correct; and 3) the foregoing Notice of Completion was duly and regularly ordered to be recorded in the Office of the Orange County Recorder by said City Clerk. Dated at San Juan Capistrano this 21st day of October 2008. Margaret R. Monahan, City Clerk City of San Juan Capistrano ATTACHMENT y21 ff ,_ IPA �. a `u� AIS^ s �p V: ::F � �� -��III /� �� '7•i i Iggg oN 14 J111�1��oDa�3 4„ c� 1r � \h . . 1 ia lij 32400 PASEO ADELANTO I� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,OA 92675 i (949)493-1171 ,j/ SAM W. HRIBAR O THOMAS WW. (949)493-1053 FAX Jam" In[o Alo11u0 [iiXlusX[o )96( MARK NIELSEN www.sanjuancapistrano.org 1776 JOESOTO • DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, October 21, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Notice of Completion, Acceptance of Improvements and Release of Surety for Tract 16221 Rancho Madrina (William Lyon Homes, Inc)" — Item No. D7. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, October 20, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Sam Shoucair, Senior Engineer. You may contact that staff member at (949) 443-6355 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.oro. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cit lerrsan'uancapistrano.org. or . Meg MCit le cc: s, Inc; Rancho Madrina HOA; Nasser Abbaszadeh, Public Shoucair, Senior Engineer San Juan Capistrano: Preserving the Past to Enhance the Future �� Pnntetl on 100%recycled paper AGENDA REPORT 1/5/2005 H1 TO: Dave Adams, City Manager' FROM: Molly Bogh, Planning Director SUBJECT: Consideration of an Ordinance Approving and Adopting a Development Agreement for the Honeyman Ranch — Rancho Madrina Project (William Lyon Company, Inc.) RECOMMENDATION: Following reading of the ordinance by title, By motion, adopt the Ordinance adopting a development agreement between the City of San Juan Capistrano and William Lyon Homes, Inc. related to the Honeyman Ranch — Rancho Madrina Project. SITUATION: The City Council approved first reading and introduction of the following Ordinance at the meeting of December 7, 2004. The Ordinance is entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH — RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) The Ordinance is presented to the City Council for second reading and adoption. The Ordinance will go into effect 30 days after it is adopted by the City Council. BACKGROUND At the December 7 City Council public hearing, three residents of the Belford Terrace neighborhood spoke and expressed concern over recent storm damage to the drainage channel and equestrian trail bordering the rear of their properties. Their properties back up to and share a common property line with the Rancho Madrina (Honeyman Ranch) project. The residents stated that a rainstorm during mid-November had washed out sandbag dams and silt fences that had been installed by the William Lyon Company to control erosion. The damage to the erosion control measures had resulted in both erosion and siltation along a 500 foot length of drainage channel at the rear of their properties. Soil erosion at the base of a Eucalyptus tree appeared to threaten the structural integrity of that tree (note: the Lyon Company has removed that tree to eliminate any threat to property). The residents also expressed concern that further erosion could damage their properties as well improvements (i.e. decks, fencing, landscaping, etc.). Agenda Report Page 2 January 5, 2005 On Tuesday, December 14, staff met with William Lyon Company representatives and Belford Terrace residents to inspect the drainage channel and discuss solutions to the erosion issue. Staff advised the Lyon representatives and residents that the City expected that erosion control would be repaired and that the channel would essentially be restored to its pre-storm condition. As a result of that meeting, Lyon representatives stated they were implementing immediate repairs to the erosion control system, and would direct their civil engineer to develop of plan that would provide long term channel stability. The Lyon Company has submitted a letter to the City which summarizes the Lyon Company's commitment to addressing these erosion and storm drainage issues raised by the Belford residents (see attachment). Lyon Company has also acknowledged that their proposed erosion control and channel stabilization work is subject to the grading bonds that Lyon Company has posted in conjunction with its grading plan and permit for the project. Staff has determined that the proposed improvements will satisfactorily address the erosion and drainage issues. The equestrian trail easement issue will be presented to the City Council at a future date for resolution. FINANCIAL CONSIDERATIONS: None NOTIFICATION: The Office of the City Clerk will also coordinate the necessary publication and posting of notices. RECOMMENDATION: Following reading of the ordinance by title, By motion, adopt the Ordinance adopting a development agreement between the City of San Juan Capistrano and William Lyon Homes, Inc. related to the Honeyman Ranch — Rancho Madrina Project. Respectfully submitted, �_JK�Ke Molly B h, Planning Director Attachments: 1. Ordinance 2. December 27, 2004 Letter from Thomas Grable, William Lyon Company ORDINANCE NO. 898 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH-RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) The City Council of the City of San Juan Capistrano hereby ordains as follows: SECTION 1. Recitals & Findings 1. William Lyon Homes, Inc. has requested approval of a Development Agreement, entitled "Development Agreement for the Rancho Madrina (formerly "Honeyman Ranch") Project Between the City of San Juan Capistrano and William Lyon Homes, Inc."; and, 2. On June 3, 2003, the City Council adopted Resolution 03-06-03-01 conditionally approving Tentative Tract Map 16221, Honeyman Ranch and enacted Ordinance 882, adopting Comprehensive Development Plan (CDP) 01-01, Honeyman Ranch Planned Community; and, 3. The City's Environmental Administrator has previously required preparation of an environmental impact report and on May 20, 2003, the City Council certified the Final Environmental Impact Report for Tentative Tract Map (TTM) 16221, Honeyman Ranch, and all project-related impacts have been previously disclosed and adequately mitigated, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, 4. The Planning Commission conducted a duly-noticed public hearing on November 9, 2004 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project. 5. - Minor modifications to Tentative Tract Map (TTM) 16221, Honeyman Ranch (Rancho Madrina) were administratively approved by the Planning Director on October 17, 2003 and reduced the total number of residential lots from 124 lots to 119 lots; and, 6. The City Council now finds it appropriate to establish a development agreement by reason of Capistrano Unified School District (CUSD) need to provide capital funding for planned public school expansion and construction; and, SECTION 2. Amendment. Pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the "DEVELOPMENT AGREEMENT FOR THE RANCHO 1 01-05-20005 MADRINA PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WILLIAM LYON HOMES, INC.", which is attached as Exhibit A, and incorporated herein i by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 5t'day of January, 2004. WYAY HART, MAYOR ATTEST: M RET R. MONAHAN, CITY CLERK 2 01-05-20005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 898 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 7`h day of December 2004 and that thereafter, said Ordinance was duly adopted and passed at the Special Meeting of the City Council on the 5`h day of January 2005 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, and Mayor Hart NOES COUNCILM BERS: None ABSENT: COUNCIL MB S erdlin MA G R. MONAHA , City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 1"day of December 2004, at least 5 days prior to adoption of the Ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH — RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) This Ordinance was introduced at the City Council meeting of December 7, 2004 and adopted at the January 5, 2005 meeting. This document wa posted in the ff7/7(/N--� ?ty Clerk Ah MARG'A"-rR' M6NAHAN, CITY CLERK San Jua Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 6'" day of January 2005, within 15 days after adoption of Ordinance No. 895, 1 caused to be posted a certified copy of Ordinance 895, adopted at the January 5, 2005 City Council meeting entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH — RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) This document was posted in the Office of the 9City Clerk I/� ✓ / M4RG RET R. MONAHAN, CITY CLERK an J an Capistrano, California RECORDING REQUESTED AND WHEN RECORDED, RETURN TO: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Space Above This Line for Recorder's Use DEVELOPMENT AGREEMENT FOR THE RANCHO MADRINA PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WILLIAM LYON HOMES, INC. Exhibit A EFFECTIVE DATE: February 14, 2005 1 05-01-04 F2 Rancho Madrina Dev Agree Ex A.doc TABLE OF CONTENTS Page No. 1. AGREEMENT........................................................................................................................................1 1.1 Code Authorization........................................................................................................................1 1.2 Interest of Owner...........................................................................................................................1 1.3 Intent of Parties..............................................................................................................................1 1.3.1 Achievement of General and Comprehensive Development Plan Goals................................1 1.3.2 Consistency Finding...............................................................................................................2 1.4 Certainty of Process......................................................................................................................2 1.5 Planning Commission -City Council Hearings...............................................................................2 1.6 City Council Findings.............. ....----.....................................................................................2 1.7 City Ordinance ...............................................................................................................................2 1.6 Consideration.................................................................................................................................2 2. DEFINITIONS........................................................................................................................................3 3. EXHIBITS ..............................................................................................................................................5 4. GENERAL PROVISIONS......................................................................................................................5 4.1 Term of Agreement........................................................................................................................5 4.2 Assignment....................................................................................................................................5 4.3 Amendment or Cancellation of Agreement...................................................................................6 4.4 Unforeseen Circumstances............................................................................................................6 4.5 Enforcement ..................................................................................................................................7 4.6 Relationship of the Parties.............................................................................................................7 4.7 Sale to Public; Automatic Termination...........................................................................................7 5. CONFLICTS OF LAW ...........................................................................................................................7 5.1 Conflict of City and State or Federal Laws.....................................................................................7 5.1.1 Notice and Copies..................................................................................................................7 5.1.2 Modification Conference........................................................................................................7 TABLE OF CONTENTS Page No. 5.1.3 City Council Hearings............................................................................................................7 5.2 Cooperation in Securing Permits....................................................................................................7 6. DEVELOPMENT OF THE PROPERTY.................................................................................................8 6.1 Permitted Uses..............................................................................................................................8 6.2 Future Laws...................................................................................................................................8 6.3.1 Project EIR.............................................................................................................................8 6.4 Application of Subsequently Enacted Rules, Relations, Etc..........................................................8 6.6 Time For Construction and Completion of Project.........................................................................8 6.7 Residential Building Permit Allocation Plan ........................................................................9 6.8 Certificate of Completion................................................................................................................9 6.10 Cooperation in Securing Government Permits/Conflict of Laws................................................9 6.11 Mass Grading Authorized Following Tentative Map.........................................................................9 7. PUBLIC IMPROVEMENTS PROGRAM.................................................................................................9 7.1 Responsibility for Public Improvements ........................................................................................9 7.2 Acquisition/Condemnation of Off Site Property............................................................................9 7.3 Phasing of Public Improvements ...................................................................................................9 7.4 Improvements Scheduling .............................................................................................................9 7.5 Financing for Public Improvements..............................................................................................10 7.6 Sewer Capacity............................................................................................................................10 8. ANNUAL REVIEW...............................................................................................................................10 8.1 City and Owner Responsibilities..................................................................................................10 8.4 Review Letter...............................................................................................................................10 8.5 Estoppel Certificates ....................................................................................................................10 8.6 Failure of Periodic Review...........................................................................................................11 9. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION ...................................................11 9.3 Specific Performance Remedy....................................................................................................i l - ii - TABLE OF CONTENTS Page No. 9.6 Applicable Laws/Attorneys Fees...................................................................................................11 10. ENCUMBRANCES AND RELEASES ON PROPERTY....................................................................11 10.1 Discretion to Encumber................................................................................................................11 10.2 Entitlement to Written Notice of Default....................................................................................12 10.3 Property Subject to Pro Rata Claims.......................................................................................12 11. MISCELLANEOUS PROVISIONS....................................................................................................12 11.1 Rules of Construction...............................................................................................................12 11.2 Severability..............................................................................................................................12 11.3 Entire Agreement,Waivers, and Amendments.........................................................................12 11.4 Project as a Private Undertaking..................................................................................................12 11.5 Incorporation of Recitals.................. .................................. ........................................................12 11.6 Captions.............................................................. ....................................................................12 11.7 Consent....................................................................................................................................13 11.8 Covenant of Good Faith and Fair Dealing................................................................................13 11.9 Covenant of Cooperation.........................................................................................................13 11.10 Further Actions and Instruments................................................................................................13 11.11 Operating Memoranda and Amendments...............................................................................13 11.11.1 Alteration of Permitted Uses.............................................................................................13 11.11.2 Increase in Density or Intensity..................................................................................13 11.11.3 Increase in Height and Size.................................... ........................................................13 11.11.4 Deletion of Reservation Requirements.............................................................................14 11.12 Successors and Assigns..........................................................................................................14 11.13 Notices.....................................................................................................................................14 11.14 Recording.................................................................................................................................14 11.15 Effective Date...........................................................................................................................15 - iii - DEVELOPMENT AGREEMENT RANCHO MADRINA THIS DEVELOPMENT AGREEMENT ("Agreement') is entered into between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("City"), and WILLIAM LYON HOMES, INC., a California corporation ("Owner"), and its successors or assigns. RECITALS A. On May 20, 2003, the City Council of City certified the Environmental Impact Report ("EIR") dated May 2003 approved for the following Project: (i) Comprehensive Development Plan ("CDP") 01-01, Honeyman Ranch (Rancho Madrina) establishing development and zoning standards to allow development of one-hundred and twenty-four (124) residential units within the planned community; and (ii) tentative tract map (TTM) 16221, allowing one-hundred and twenty-four (124) residential lots, and subsequently amended by the Record of Administrative Approval approved by the Planning Director on October 17, 2003 to allow one- hundred and nineteen (119) residential units. B. On June 3, 2003, the City Council of City enacted Ordinance No. 882, adopting CDP 01-01, Honeyman Ranch and adopted Resolution No. 03-06-03-01 conditionally approving Tentative Tract Map 16221; and on October 5, 2004 approved Final Map (FM) 16221. C. City and Owner desire to enter into this Development Agreement to further confirm their rights and obligations to each other regarding the EIR, CDP 01-01, TTM 16221, and FM 16221 and the Other Entitlements (defined below). 1. AGREEMENT. 1.1 Code Authorization. This Agreement is authorized by and in accordance with Government Code Sections 65864 through 65869.5 and related City Ordinances and policies. These laws and policies allow the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose of establishing certainty in the development process for both the City and the property owner. 1.2 Interest of Owner. Owner is the legal and/or equitable owner of approximately 78.6 acres of real property located in the City (the "Property'). legally described on Exhibit "A" and shown on Exhibit "B" attached hereto. The Property forms a portion of the Rancho Madrin8 Planned Community. Owner intends to develop the Property pursuant to CDP 01-01, TTM 16221, FM 16221 and the certified EIR (the 'Project'). City and Owner wish to provide for the development of the Property and obtain certainty of development Entitlements and obligations in connection therewith. 1.3 Intent of Parties. The development of the Project is intended to implement specific land uses, provide public infrastructure and generate revenues to the City, all in promotion of the health, safety and general welfare of the residents of City. 1.3.1 Achievement of General and Comprehensive Development Plan Goals. Achieving of the goals of CDP 01-01 as well as the City General Plan and City policies requires the cooperation of Owner and City. As a result of the development of the Property, the City will benefit from added residential neighborhoods having a range of housing types, - 1 - significant increases to the real property tax base, and substantial improvements to public infrastructure and facilities including arterial streets, storm drainage facilities, and General Plan trails. 1.3.2 Consistency Finding. By approving and executing this Agreement, the City finds that its provisions are consistent with and in the furtherance of the City's General Plan and with CDP 01-01, and the City fu)ther finds and determines that execution of this Agreement is in the best interests of the public health,'safety and general welfare of the Citys present and future residents, property owners and taxpayers. The Project has been analyzed and reviewed by the City as part dUits process of granting development approvals, in view of the enacted land use standards and policies of the City embodied in its Existing Standards and in view of State law including, without limitation, CEQA. 1.4 Certainty of Process. The phasing, timing and development of the Project and the Public Improvements necessitate a significant commitment of resources, planning and effort by Owner and City, thus requiring certainty in the development process. In return for Owner's participation and commitment to the significant contribution of private resources, including substantial economic resources for public purposes, the City wishes to commit to certainty in the development process for the Property. 1.5 Planning Commission - City Council Hearings. On November 23, 2004, the Planning Commission of City, after giving notice pursuant to Government Code Section 65867, held a public hearing to consider Owner's application for this Agreement. On December 7, 2004, the City Council, after providing public notice as required by law, held a public hearing to consider Owner's application for the Agreement. 1.6 City Council Findings. The City Council has found that this Agreement is consistent with the General Plan and CDP 01-01, as well as all other applicable plans, ordinances, policies and regulations of the City. 1.7 City Ordinance. On 2004, the City Council adopted Ordinance No. approving this Agreement (the "Adopting Ordinance"). The Adopting Ordinance became effective thirty (30) days following City Council adoption (the "Effective Date"). 1.8 Consideration. The City has determined that this Agreement will further the goals and objectives of the City's land use planning policies, by eliminating uncertainty in planning for the orderly development of the Project, to the end that adequate long term plans regarding the provision of necessary infrastructure for existing and future city residents can be developed and implemented. Without limiting the generality of the foregoing, the benefits conferred by the Project pursuant to this Agreement will help increase traffic capacity for the road system of the City and will facilitate the installation of certain other significant public improvements, all of which will significantly promote the health, safety and general welfare of present and future residents of the City. In exchange for these benefits to the City and its residents, the Owner wishes to receive the assurances permitted by State law that the Owner may proceed to develop the Project in accordance with CDP 01-01, TTM 16221, FM 16221, and the certified Final EIR dated May 2004 , and at a rate of development subject to the terms and conditions of this Agreement. The rights, duties, obligations and assurances provided by the City and the Owner to each other in this Agreement are being provided pursuant to and as contemplated by State law, are -2 - bargained for and in consideration for the undertakings of the parties, and are intended to be and have been relied upon by the parties to their detriment, such that the Owner will be deemed to have a vested interest in CDP 01-01, which will be the controlling land use plan for the Project in combination with this Agreement. 2. DEFINITIONS. The following definitions apply only to their use within this Agreement and not to any other document or agreement pertaining to the Project, including CDP 01-01. These definitions are intended to have substantive effect. 2.1 The "Adopting Ordinance" refers to City Ordinance No. adopted by the City Council and authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this " Development Agreement" related to this Project. 2.3 The "Approval Date" refers to the date on which the City Council approved the Adopting Ordinance. 2.4 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases and assignments. 2.5 "CEQA" refers to the California Environmental Quality Act (Public Resources Code Sections 21,000, et seq.). 2.6 "City" refers to the City of San Juan Capistrano, California. 2.7 "City Council" refers to the city council of the City. 2.8 "Comprehensive Development Plan" refers to CDP 01-01 approved by City Council Ordinance No. 882 on June 3, 2003 , a copy of which is on file with the City Clerk. 2.9 "Cure Period" refers to the period of time permitted pursuant to Section 9 in this Agreement. 2.10 A "dam' or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" or "default" refers to any material default, breach or violation of the provisions of this Agreement. A "City Default" or "City default" refers to a Default by the City, while an "Owner Default" or"Owner default" refers to a Default by Owner. 2.12 The "Director" refers to the Director of Planning Services of the City or any successor to that title or a successor title. 2.13 The "Effective Date" refers to the effective date of the Adopting Ordinance. 2.14 The "EIR" refers to the Environmental Impact Report certified by the City Council on June 3, 2003 in connection with CDP 01-01, and TTM 16221. - 3- 2.15 "Entitlements" refers to adoption of CDP 01-01, approval of TTM 16221, and future licenses, approvals and permits necessary or incidental to the development of the Project, whether discretionary or ministerial. Entitlements include, but are not limited to, comprehensive development plans, rezones, conditional use permits, tentative and final parcel maps, general plan amendments, site development plans, tentative and final subdivision map approvals, whether standard or vesting, project plans, grading permits, building permits, occupancy permits, actions pursuant to the California Environmental Quality Act, and this Agreement. 2.16 An "Exaction" refers to any fee, requirement, dedication, condition, restriction or limitation imposed by the City upon the development of the Property at any time. 2.17 "Exhibit" refers to an exhibit to this Agreement as listed in Section 3 below. All Exhibits are incorporated by reference as a substantive part of this Agreement. 2.18 "Existing Standards" refers to all the laws, statutes, codes, resolutions, policies, regulations and orders of the City affecting the permitted uses of the Property, the density or intensity of use, limits or controls on the rate, timing or sequence of development, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes, the design, improvement and construction standards for the Project, all as set forth in CDP 01-01 and, if not addressed in CDP 01-01, the ordinances, regulations, resolutions, rules and official policies of the City in effect on the Approval Date, including all Entitlements approved on or before the Approval Date. 2.19 "Future Laws" refers to all laws, statutes, ordinances, codes, resolutions, policies, rules, regulations and orders of the City enacted after the Approval Date, whether by City Council action, initiative, or otherwise which in any way affect the Project. "Future Laws" include but are not limited to changes to the Existing Standards and amendments to the General Plan. 2.20 "Future Entitlements" refers to all Project Entitlements, or amendments thereto, approved or adopted by the City after the Approval Date. 2.21 "General Fees" -efers to all application fees, processing fees, utility connection fees, inspection fees, and development impact fees (including, but not limited to, genera! development fees, traffic impact fees, park fees and such other similar fees as may be enacted from time to time) generally applied throughout the City to development projects or types of development similar to the Project. 2.22 "General Plan" refers to the City's general plan in effect on the Approval Date of this agreement. 2.23 "Mortgage" refers to the lien of any mortgage, deed of trust, sale-leaseback agreement, lease, sublease or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security. 2.24 "Mortgagee" refers to the holder of a beneficial interest under a Mortgage or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. -4 - 4.3 Amendment or Cancellation of Agreement. This Agreement may be extended, canceled or amended from time to time by the mutual consent of the Parties, but only in the manner provided by the Government Code and the City's Ordinances. The "Agreement" shall include any amendment properly approved and executed. 4.4 Unforeseen Circumstances. If, as a result of facts, events or circumstances presently unknown and unforeseen, and which could .not have been known or foreseen by the Parties, the City determines in good faith that the immediate physical health and safety of the City necessitate the modification, suspension or termination of the Agreement, the City shall: (i) give Notice to Owner of a. the City's intended action, and b. the reasons and factual basis for the City's determination; (ii) forward to Owner a minimum of thirty (30) days prior to a public hearing, all documents relating to that determination; (iii) give Notice to Owner at least thirty (30) days prior to the hearing date, of the time and place of the hearing; and (iv) hold a City Council hearing on the determination, at which hearing Owner shall have the right to present witnesses, reports, and oral and written testimony, and further have the right to examine witnesses, City staff, or other persons. The City shall have the obligation, based upon clear and convincing evidence, of establishing that: (i) the circumstances were unknown and unforeseen and could not have been known or foreseen; (ii) the immediate physical health or safety of the community require the suspension, modification or termination of the Agreement in contrast to any other alternative; and (iii) the City and Owner shall have developed an equitable program to adjust the obligations proportionately to meet the changed circumstances. This provision shall neither limit nor expand the rights or liabilities of either of the Parties with respect to the enforcement of the Agreement, the reimbursement of costs related to the Project, or the development of the Property. If the City Council fails to make such findings, then the Agreement shall not be terminated, modified or suspended. The unforeseen circumstances which justify the suspension, modification or termination of the Agreement shall not include changes in state or federal law. In the event of changes in state or federal law, the provisions of Section 4 below shall govern. -6 - 4.5 Enforcement. Unless amended or Lerminated as provided in Sections 4.3 t and 4.4, the Agreement is enforceable by any Party or its assigns, notwithstanding any Future Laws which alter or amend the Existing Standards. Y 4.6 Relationship of the Parties. The contractual relationship between the City and Owner arising out of this Agreement is one of independent contractor and not agency. 4.7 Sale to Public: Automatic Termination. The provisions of Section 4.2 requiring prior approval shall not apply to sale or long term lease of individual, finally subdivided lots or parcels to members of the public for their use or occupancy. This Agreement shall automatically terminate with respect to such lot or parcel upon the occurrence of the two following events: (i) sale or long term lease to a member of the public and (ii) issuance of a certificate of occupancy for the building(s) constructed thereon. The provisions of this Section 4.7 shall be self-executing without the necessity of execution or recordation of any further document. 5. CONFLICTS OF LAO/ 5.1 Conflict of City and State or Federal Laws. If state or federal laws or regulations enacted after the Approval Date (i) prevent compliance with any prevision of the Agreement, (ii) require (as opposed to allow) changes in pians, maps or permits approved by the City, and (iii) the federal or state law or regulations are mandatory and controlling, then the Parties shall: 5.1.1 Notice and Copies. Provide the other Party with Notice and a copy of the law or regulation and a statement of the conflict between the law or regulation and the provisions of the Agreement and of the proposed course of action of the Party giving the Notice; and 5.1.2 Moorfication Conference. Within thirty (30) days following the Notice, meet and confer in good faith in a reasonablc atrernpt to modify the Agreement to comply with the law or regulation. 5.1.3 City Council Hearings. Subsequent to the conference referred to in Subsection 5.1.2 above, whether or not the Parties agree on the effect of the law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City Council. Thirty (30) days' written notice of the hearing shall be given pursuant to Government Code Section 65867. The written notice shall identify the proposed modification, suspension or alternate course of action. The City Council, at the hearing, shall determine the exact modification or suspension or alternate course of action, if any, which is necessitated by such law or regulation. At the hearing, Owner shall have the right to offer oral and written testimony. Any modification or suspension of the Agreement or alternate course of action shall be taken only by the affirmative vote of not less than a majority of the authorized number of members of the City Council, and shall be subject to judicial review in conformance with Section 9.5 below. 5.2 Cooperation in Securing Permits. The City shall assist Owner in the securing of any permits, including permits from other public agencies, which may be required as a result of the modifications, suspensions or alternate course of action. -7 - 6. DEVELOPMENT OF THE PROPERTY. . 6.1 Permitted Uses. Subject to Sections 4 and 5 above, during the Term, the rules, regulations and official policies governing the permitted uses of the Property, the density or intensity of use, the timing and phasing of development of the.Project, the maximum height and size of proposed buildings, .the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards for the Project shall be only those set forth in this Agreement, CDP,01-01, and TTM 16221. In the event of any inconsistencies, the provisions of CDP 01-01,and TTM 16221 shall prevail over all other Existing Standards and this Agreement. All future amendments of CDP 01-01. and TTM 16221 which are approved by the City.Council.and Owner shall be deemed consistent with this Agreement. 6.2 Future Laws. Future Laws shall not apply to the Property or the Project except as expressly provided in this Agreement or expressly required as opposed to permitted by State or federal law, except any fees due to the City at the time of building permit or grading permit issuance which shall be those fees in effect at that time. 6.3 Project EIR. The Parties intend that the EIR shall be the project EIR for all Entitlements and Future Entitlements for the Project, and no future environmental impact reports are required. Notwithstanding the foregoing, the City may conduct, if legally required in accordance with CEQA and the Existing Standards, an environmental review of Future Entitlements. The City may impose, if legally required by CEQA, additional reasonable and customary mitigation measures to mitigate significant adverse environmental effects which were not previously considered at the time of approval of CDP 01-01, the EIR and/or the Entitlements. 6.4 Application of Subsequently Enacted Rules, Regulations, Etc. Subject to Section 6.3, Future Laws may be applied to the Project only if they are not in conflict with or more restrictive than the Existing Standards and will not prevent, hinder, delay or financially impact development of the Property according to CDP 01-01 and the Entitlements and in the time frame desired by Owner. Provided, however, the City may apply future changes to the uniform codes such as the Uniform Building Code, Uniform Electrical Code and Uniform Mechanical, Plumbing and Fire Codes which are enacted by the City Council at it's legislative discretion based on public health welfare and safety considerations. 6.5 Time For Construction and Completion of Project. Owner and City cannot predict when or the rate or the order in which the Private Improvements will be developed, if at all. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion, and other similar factors. Therefore, Owner may develop the Project at the rate deemed appropriate in Owner's subjective business analysis. Notwithstanding the California Supreme Court decision in Pardee ConstrWction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the Parties' emphasize it is the intention and purpose of this Agreement that Owner shall have the right to develop the Project at such rate, and at such times as Owner deems appropriate. It is the intent of the parties hereto that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements for use approved, issued or granted within the City, or any portion thereof, shall apply to the Project to the extent such moratorium or other limitation is inconsistent or in conflict with this Agreement. The residential building permit allocation plan shall be governed by Section 6.5 hereinafter. -8- 6.6 Residential Building Permit Allocation Plan. City has, by the adoption of Resolution 04-04-20-4 established an annual allocation of dwelling units for Owner's Project consisting of up to 90 dwelling units in year 2004 and 30 dwelling units in year 2005. s This allocation authorizes the issuance of building permits for these dwelling units during the 3 above stated calendar years. Notwithstanding Municipal Code Section 9-2.325, City hereby authorizes Owner, or its successors in interest, as a matter of right to obtain building permits for those allocated dwelling units which are not actually constructed during years 2004 and 2005, in other,future years on an as needed basis, to comply with the intent of this Agreement as specified in Sections 6.5 and 6.6 and otherwise. 6.7 Certificate of Completion. If requested by Owner or any Mortgagee after City's formal approval of the completion of any stage or portion of development of the Project, City shall provide Owner with an instrument certifying completion. The certification is a conclusive determination that the obligations of Owner under the Agreement with respect to the stage or portion of development so described has been met. The certification shall be in recordable form. Such Certificate of Completion is not a notice of completion as referred to in California Civil Section 3093. 6.8 Cooperation in Securing Government Permits/Conflict of Laws._ The City shall cooperate with Owner in submitting information which may be required by any other governmental agency in order to develop the Project in accordance with this Agreement. Owner will reimburse City for ail reasonable costs incurred in providing such assistance. 6.9 Mass Grading Authorized Following Tentative Map. The mass grading of the Project, pursuant to an approved grading plan permit, may commence, at Owner's election, following approval of TTM16221. 7. PUBLIC IMPROVEMENTS PROGRAM. 7.1 Responsibility for Public Improvements. The Owner shall construct the on-site public improvements and construct or contribute the Project's pro-rata share of the off-site public improvements as required by the findings and conditions of CDP 01-01, TTM 16221, FM 16221 and the certified Final EIR. 7.2 Acquisition/Condemnation of Property for Off-site Improvements. If the City is unable or unwilling to acquire or condemn any necessary off-site property, rights of way, or easements per Government Code Section 66462.5, then, in accordance with said provision, the condition requiring such condemnation shall be subject to amendment to provide alternative mitigation. Such acquisition/condemnation shall be at Owner's expense, including attorneys' fees and court costs. 7.3 Phasing of Public Improvements. Although Owner may determine the timing of development of the Project as provided in Section 6.6 above, the Public Improvements may be completed in one or more phases as outlined above and as required to serve the particular increment of development as determined necessary by the City Engineer. 7.4 Improvements Scheduling. Dates or times of performance by either Party may be subject to revision from time to time due to economic conditions and other causes as mutually agreed to by the Parties in writing. Such revisions are deemed to be within the framework of the Agreement and do not constitute amendments to the Agreement. - 9- 7.5 Financing for Public Improvements. From time to time, Owner may propose to City use of public district financing, including but not limited to, community facilities districts, assessment districts, or other bonded indebtedness programs to facilitate the construction or acquisition of Public Improvements to be constructed and financed by the Project. City agrees to consider such proposals, if made under its Existing Standards in good faith. Nothing herein shall be deemed to preclude the use of public financing techniques reasonably acceptable to Owner and City. 7.6 Sewer Capacity. In further consideration of the mutual obligations contained herein, City agrees to use its best efforts to assure the availability of sufficient sewer capacity for construction, development and occupancy of the Property consistent with this Agreement. 8. ANNUAL REVIEW. 8.1 City and Owner Responsibilities. Within sixty (60) days after the end of each twelve (12) month period during the term of this Agreement, City shall commence a review of the extent of good faith substantial compliance by Owner with the terms of this Agreement (the "Annual Review"). At the conclusion of the Annual Review, the Citys finding of good faith compliance by Owner with the terms of the Agreement shall be conclusive up to the date of such finding for the purposes of future Annual Reviews or legal action between the Parties. Pursuant to Government Code Section 65865.1, as amended, and applicable City Ordinances, Owner shall have the duty to demonstrate its good faith compliance with the terms of the Agreement at the Annual Review. 8.2 Review Letter. If Owner is found to be in compliance with the Agreement after the Annual Review, City shall issue, upon written request by Owner, a letter to Owner (the "Review Letter") stating that, based upon information known or made known to the City Council, the City Planning Commission, and/or the City Manager, the Agreement remains in effect and Owner is not in Default. Owner may record the Review Letter in the Official Records of the County of Orange. 8.3 Estoppel Certificates. Either party may at any time, and from time to time, deliver written Notice to the other Party requesting that the other Party certify in writing that to the knowledge of the certifying Party: (i) The Agreement is in full force and effect and is a binding obligation of the Parties. (ii) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (iii) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if in Default, the nature and amount or description of any Default. A Party receiving a request under this provision shall execute and return a certificate within thirty (30) days following receipt of the request. The Director shall have the right to execute any certificate requested by Owner on behalf of City. A certificate given pursuant to this Section 8.5 may be relied on by assignees and Mortgagees. - 10 - 8.6 Failure of Periodic Review. City's failure to review at least annually (as described herein) Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by City as an Owner Default. 9. DEFAULT & REMEDIES. 9.1 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. In addition, City and Owner agree that monetary damages are not available if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Owner if City fails to carry out its obligations under this Agreement, and City hereby agrees that Owner shall be entitled to specific performance in the event of a default by City hereunder. 9.2 Applicable Laws/Attomev's Fees. The Agreement shall be construed and enforced in accordance with the laws of the State of California. All statutory references are to California statutes. Should any action between the Parties be brought in any court of competent jurisdiction arising out of or in connection with the Agreement, the prevailing Party in the action shall be entitled to recover reasonable attorney's fees, court costs, and necessary disbursements in connection with this litigation. 9.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. In addition, City and Owner agree that, monetary damages are not available if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Owner if City fails to carry out its obligations under this Agreement, and City hereby agrees that Owner shall be entitled to seek specific performance in the event of a default by City hereunder. 10. ENCUMBRANCESAND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. The Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any Mortgage. City acknowledges that lenders providing financing may require modifications to the Agreement and City agrees, upon request, from time to time, to meet with Owner and/or representatives of lenders to negotiate in good faith any lender request for modification. City agrees to not withhold unreasonably its consent to any lender requested modification to the Agreement. _ 11 _ 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to City, shall be entitled to receive from City written Notice of any Owner Default at the same time Owner is provided with Notice pursuant to Section 8.4 above. 10.3 Property Subject to Pro Rata Claims. Any person or entity who/which comes into possession of any portion of the Property pursuant to foreclosure of a Mortgage or deed in lieu of foreclosure, shall take possession, on an average pro rata basis, subject to claims for payments or charges established by the Agreement against the Property and which accrue prior to the time the person or entity comes into possession. 11. MISCELLANEOUS PROVISIONS. 11.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall'is mandatory; "may'is permissive. 11.2 Severability. If any non-material provision of the Agreement shall be adjudged by a court of competent jurisdiction to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision of the Agreement. In the event a material part of the Agreement is adjudged by a court of competent jurisdiction to be invalid, void or illegal, the entire Agreement is deemed to be unenforceable or void. For purposes of this Section 11.2, all provisions of Section 6 are deemed to be a "material part" of the Agreement. If any portion of the Agreement is adjudged to be unenforceable, that portion shall be deemed to be a statement of intention by the Parties and the Parties shall take all steps necessary to make valid the Agreement or that portion which is adjudged to be unenforceable. 11.3 Entire Agreement. Waivers. and Amendments. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties with respect to that subject matter. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate agents of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate agents of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the Effective Date, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing completion, revocation or termination signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 11.4 Project as a Private Undertaking. It is specifically understood by the Parties that: (a) the Project is a private development; (b) City has no interest in or responsibilities for or duty to third parties concerning any Private Improvements to the Property; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in the Agreement. 11.5 Incorporation of Recitals. The Recitals set forth in this Agreement are part of this Agreement. 11.6 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Agreement. _ 12 _ 11.7 Consent. Where the consent or approval of a Party is required in or necessary under this Agreement,the consent or approval shall not be unreasonably withheld. 11.8 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. Each Party shall refrain from doing anything which would render its performance under this Agreement impossible. Each Party shall do everything which this Agreement contemplates that such Party shall do to accomplish the objectives and purposes of this Agreement. 11.9 Covenant of Cooperation. The Parties shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than City. Owner reserves the right to challenge any ordinance, measure, moratorium, initiative, referendum or other limitation in a court of law to the extent deemed necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.10 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.11 Operating Memoranda and Amendments. The Parties acknowledge that the passage of time may demonstrate that changes are necessary or appropriate with respect to the details of each Party's performance under this Agreement. Because the parties desire to retain a certain degree of flexibility with respect to the details of each Party's performance pursuant to this Agreement, if and when the parties find that changes are necessary or appropriate, they will, unless otherwise required by law, effectuate such changes or adjustments through operating memoranda approved by the Owner and by the Director on behalf of the City. Each such operating memorandum will be attached hereto as an addendum and become a part hereof, and may be further changed from time to time as necessary or appropriate, as provided in this Section. No such operating memorandum will be deemed to be an amendment of this Agreement under Government Code Section 65868 and unless otherwise required by law, no such operating memorandum will require prior notice or hearing. Notwithstanding the foregoing, the following matters will not be considered as appropriate subjects of operating memoranda, but will be considered substantive amendments which must be reviewed by the Planning Commission of the City and approved by the City Council. . 11.11.1 Alteration of Permitted Uses. Alteration of the permitted uses of the Property except to the extent permitted by this Agreement or CDP 01-01. 11.11.2 Increase in Density or Intensity. Increase in the density or intensity of use or number of buildable lots except to the extent permitted by this Agreement or CDP 01-01. 11.11.3 Increase in Height and Size. Increase in the maximum height and size of permitted buildings except to the extent permitted by this Agreement or CDP 01-01 . - 13 - 11.11.4 Deletion of Reservation Requirements. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments approved by the Community Development Director of the City and except to the extent permitted by this Agreement or CDP 01-01. 11.12 Successors and Assigns. Subject to Section 4.2, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors-in-interest and assigns of the Parties to all or any portion of the Property, and shall run with and burden and benefit the Property, and all portions thereof. 11.13 Notices. All Notices between the Parties pursuant to this Agreement shall be in writing and shall be given by personal delivery (including Federal Express or other similar commercial overnight delivery services providing acknowledgments of receipt), by U.S. Postal Service registered mail, or by telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (i) For personal delivery, upon actual receipt; (ii) For U.S. Postal Service registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and (iii) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: To the City: City Clerk/City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Owner: William Lyon Homes, Inc. 4090 Von Karman Avenue Newport Beach, CA 92660 Attention: Tom Grable and John C. Condas, Esq. Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 The addresses to which Notices shall be sent may be changed by giving written notice of change of address in the manner set forth above. 11.14 Recording. The City Clerk shall cause a copy of the Agreement to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the Effective Date. - 14 - 11.15 Effective Date. This Agreement shall not take effect and no rights or obligations contained herein shall vest or inure to the benefit of any Party hereto until the Effective Date of the ordinance specified in Section 1.7 of this Agreement pursuant to Government Code Section 65867.5 and the completion of any referendum process initiated thereunder. [Signature page follows] - 15- This Agreement has been executed by the Parties as of the date set forth next to their respective signatures. CITY OF SAN JUAN CAPISTRANO, a municipal corporation By: JOE SOTO, MAYOR ATTEST: MARGARET MONAHAN, CITY CLERK Approved as form: JOHN SHAW, CITY ATTORNEY "OWNER" By: on behalf of William Lyon Homes, Inc. [Signatures To Be Notarized by Public Notary] William I*m Rmie.S,Inc. December 27, 2004 Mr. William A. Ramsey, AICP VIA FAX: (949) 661-5451 Principal Planner City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Belford Terrace Drainaee Response Dear Mr. Ramsey, i This is in response to the City Council meeting on December 7, 2004 at which three neighbors from the adjacent Belford Terrace neighborhood to Rancho Madrina spoke about their concerns over the recent storms and the impact to the drainage course at the rear of their lots. On Tuesday, December 14,2004, you and 1, along with several members of the William Lyon Homes team including our project engineer from RBF Consulting, walked the length of the drainage course with those same Belford Terrace homeowners. The following is a summary of our analysis and findings along with our proposed interim and long-term solutions. Our field solutions to the drainage course should mitigate further occurrences. The City approved rough grading plan for Tract 16221 definitively shows that William Lyon Homes, Inc. has greatly reduced the amount of drainage area that used to flow off the former Honeyman Ranch into the Belford Terrace drainage course. Before we completed the grading on the northeast portion of our property there was 17.1 acres of tributary drainage area. After we graded the property we reduced the drainage area to 4.2 acres---an overall reduction of 75%. On October 20, 2004 and October 27, 2004 there were two unusual back-to-back storm events that according to our engineers at RBF, was at or near 100-year storm flows for a short burst on both of these dates. We recorded in our Storm Water Pollution Prevention Program (SWPPP) log on the jobsite that more than three inches of rain in a three-hour span occurred during both l> storms. The amount of water draining through the site was at a significantly higher volume and velocity than even what we are required to provide in the way of protection published in our Best Management Practices (BMPs) filed with the State of California Region Water Quality Control Board. ` f' 4490 Von Karman Avenue, Newport Beach, California 92660-2008 • (949) 833-3600 • FAX(949)476-2178 (t! ATTACHMENT 2 .' Mr. William A. Ramsey, AICP Rancho Madrina/Belford Terrace Drainage December 27, 2004 Page Two As a result of the unusual storm flow we had a concentration of silt coming from the northwest tributary to the Belford Terrace drainage course that caused an overrun on a series of gravel bag placements within the drainage course between our property and the adjacent Belford Terrace properties. In short, these storm events were anomalies----unusual events that are not expected to occur with any degree of regularity. One of the concerns that brought up during our field visit was our removing several large eucalyptus trees from our slope, from the upper drainage course and hillside on the adjacent Maurer property. The trees were removed as a requirement of the Orange County Fire Authority for fuel modification purposes. During the October storm events, the perception of the Belford Terrace neighbors was that the removal of these trees contributed to the velocity of water and silt discharged into the drainage course. We have determined that the trees removed from the Maurer property were not significant contributing factors since the gravel bag placements in the upper drainage course on the adjacent Maurer property held in place and did not exhibit significant amounts of silt backup behind the placements. We did observe that there is an area of previously existing trees that were located in an ungraded portion of our site in the vicinity of our northerly cut slope below the Capistrano Acres Mutual. Water Company water tank. These trees were removed during grading but the natural slope remained in place and there is evidence that this is where some of the concentrated storm flow started. There is also some evidence of silt that came from the edge of our property where we had cleared some trees above Belford Terrace. The gravel bag placements in this area were compromised by the severe water flow and silt backup. We are proposing both interim and long-tern solutions to better provide the ongoing but efficient drainage flow and better protect against erosion to adjacent properties. On an interim basis we have already added additional gravel bag placements and silt fences. We will continue to maintain these erosion control devices until the permanent landscaping in the northwest tributary (due to be installed in Spring 2005) is firmly established to diffuse and reduce the stonnwater flow from that area. To afford the Belford Terrace properties located in and adjacent to the drainage course an additional measure of protection we have removed one eucalyptus tree in the drainage course t that had been undermined and was at risk of falling. Another eucalyptus tree was identified as possibly needing to be removed also but now appears that trimming it would suffice. We will perforin some minor regrading at the confluence of the northwest tributary to the Belford Terrace drainage course on our property where it meets at the Maurer property. In addition we will perform some minor regrading in the drainage course running through the adjacent Belford Terrace properties and install erosion control turf reinforcement matting. This matting is a product that consists of a porous woven fabric that provides soils stabilization while allowing for natural vegetation growth. We will perform the minor regrading and will install the matting upon authorization from the individual Belford Terrace homeowners. f -2- i i Mr. William A. Ramsey, AICP Rancho Madrina/Belford Terrace Drainage December 27, 2004 Page Three In addition to these new improvements in the Belford Terrace drainage course, we had previously extended a section of V-ditch near the base of our slope Lot Z of final Map 16221 (formerly Lot H of Tentative Tract Map 16221). We will be extending this V-ditch even further south to reroute some of the slope drainage farther downstream. The above improvements, whether they be new or additional improvements, upgraded improvements, temporary or permanent in nature, will be done either as field implemented redlined changes or delta plan changes to the City approved rough grading and erosion control plan. For now, the areas of these improvements are generally depicted on the attached exhibits for your reference. William Lyon Homes will work very closely with the City and our neighbors to ❑nplcment measures protecting the neighboring properties from increased amounts of stormwater discharge into the Belford Terrace drainage course that is determined to be our responsibility. However, as an added measure of security for the City's benefit, I respectfully would like to remind you that the City holds a rough grading bond (bond no. SU5004461) in the amount of$635,590.00 to ensure that the erosion control improvements are done correctly and to the City's satisfaction pursuant to the approved plans. Additionally, when our permanent slope landscaping plans are approved we will be posting a similar bond for those improvements as well. Hopefully this clarifies the issue that was called to all of our attentions on December 7, 2004 with an action plan to address the situation. Please give me a call if you need any further information regarding this matter. Thank you for your consideration. Very truly yours, WILLIAM LYON HOMES, INC. Thomas G. Grable� Project Manager Cc: Gene Strojek Matt Zaist Paul Colby Fabio Escobar, RBF Consulting t Richard Gottron, 31171 Harmony Hall Court, SanJuan Capistrano, CA 92675 i Jim Saffie, 31181 Hannony}Mall Court, San Juan Capistrano, CA 92675 3 -3- Mr. William A. Ramsey, A1CP Rancho Madrina/Belford Terrace Drainage December 27, 2004 Page Four David Farrell, 31 191 Harmony Hall Court, San Juan Capistrano, CA 92675 R. Robert Reiss, 31201 Harmony Hall Court, San Juan Capistrano, CA 92675 Michael Mosich, 31205 Harmony Hall Court, San Juan Capistrano, CA 92675 Attachments 1 i 's t I t i r -4- � F= '.r e >'i r � aac' $. •eb r R r Alk LF rR E 4 t qjb- r r � • r r •r r r • • I �� r� r . . - - A 0 . - • - • - - - . - • - �r _„x, 41 . 1. tiw 1 VI✓pfT'� is ; t •, � -•+..cam• � • '� $ h I 1 I I• I� I I I• AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) County of Orange ss. 1005 !AN 18 P 3: 2l ) I am a citizen of the United States and a resident i of the County aforesaid; I am over the age of eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of - Ao WOMF California,on June 7, 1984, Case No. A-122949 c 18=4A= W"XW*0 cly in and for the City of San Juan Capistrano, MWOMMI « TMrame AMMM A - County of Orange,State of California;that the nrower PMJJWM rror what notice,of which the annexed is a true printed bd~0000 C1Y#SM�w° CgMW.no°w a adrMX 1i1 Hmws,Me. nw dwY.kpiharit aaarsft copy,has been published m each regular and sw ,a mJ° ��wrAOss`'i tea:�+� e.'a.wo�p. WwilltM�llgbP �Mb OII 1,kranY.such r entire issue of said newspaper and not in any bktriwwltp Miblesfa lmafb«baht supplement thereof on the following dates,to W M""1 11M Oft " WWW bythe Wi01*V AYES Cou &WwnbM:MA��'BMftd8.Soto.8 wit: NOES: CaxwY Membaa: Nana ANENT:-Couna Meftm:Swr , January 13,2005 A cwr~copy of tba oampIMw rl or th OQdbanw a Spp�pp�D P*rWWp=r"djq w Cly QKW mry WobMxMtl ham#MoffmaM w °a" "I certify(or declare)under the penalty of Date& wa"Y 6,2W5 W WM"R.MWAWA Cly 0" perjury under the laws of the State of California , y leytt�,",,,,,,ytg;20M 3_W that the foregoing is true and correct": -- Executed at Santa Ana,Orange County, California, on Date: January 13,2005 Signatur Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, JANUARY 13, 2005 DOCUMENT TO BE PUBLISHED: CITY OF SAN JUAN CAPISTRANO - ADOPTION OF ORDINANCE NO. 898 PROOF OF PUBLICATION: Please send to: City Clerk's Office, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ✓/ fax (949) 493-1053/telephone (949) 493-1171 AUTHORIZED BY: / L MAR AR MONAHAN, I CLER14 DATE: January 6, 2005 Date notice published - 01/13/05 Date affidavit received Date notice posted in designated posting places (3) - 01/13/05 CITY OF SAN JUAN CAPISTRANO ADOPTION OF ORDINANCE NO. 898 Notice is hereby given that on January 5, 2005 the City Council adopted Ordinance No. 898, entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH — RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) Ordinance No. 898 approves a development agreement between the City of San Juan Capistrano and William Lyon Homes, Inc. The development agreement secures the planning entitlements for the project development and establishes a (5) years agreement term. It provides the developer with the ability to pursue public district financing, such as a community facility district, assessment district or other district financing vehicles for improvements of pubic benefit. Ordinance No. 898 was adopted by the following vote: AYES Council Members: Allevato, Bathgate, Soto, & Mayor Hart NOES: Council Members: None ABSENT: Council Members: Swerdlin A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. Dated: January 6, 2005 /s/ Margaret R. Monahan, City Clerk Publish: Capistrano Valley News, January 13, 2005 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) R E C E! VI F0 ) ss. County of Orange ) H04 DEC 21 P 3: 5U I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested Proof of Publication of in the above entitled matter. I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Famaum Court of the County of Orange, State of Cr"A California, on June 7, 1984, Case No. A-122949 tlr w 20 M Y1°rarao.nsM04= in and for the City of San Juan Capistrano, w or nr am www awuw County of Orange, State of California; that the NECmv�wMn.M notice,of which the annexed is a true printed c.°`pr'�°v�ww �..mq�onaaw:w. copy,has been published in each regular and ThM m.%www�ra�� =%Wk..Z. AewWPnrrR rq eeYb entire issue of said newspaper and not in any wens°tsl yya.YYs�.ve.nlM. w ppAdw gr ds.lup- r vNn tlM.bMyio PureP AW Ewhwi wnnCwig,such w supplement thereof on the following dates,to ma VOWWIt`ar o pt"bKWR wit: A ,M no coMtVN.W Cd the .Ordk� Y Prepand Aerneo.6�n Juan Cev� c y December 16,2004 MW b. .am VW aww .t. h/Margret R.Morlelun,city Olrw "I certify(or declare)under the penalty of Pub :oww.no wvs.y N° Downes l8,2W4 perjury under the laws of the State of California that the foregoing is We and correct': Executed at Santa Ana,Orange County, California, on Date: December 16,2004 Signatur Capistrano Valley News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, DECEMBER 16, 2004 DOCUMENT TO BE PUBLISHED: PUBLIC NOTICE — ORDINANCE SUMMARY (Rancho Madrina —William Lyon Company) PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 493-1171 AUTHORIZED BY: v DATE: December 9, 204 Date notice published 12/16/04 Date affidavit received Date notice posted in designated posting places (3) - 12/16/04 CITY OF SAN JUAN CAPISTRANO INTRODUCTION OF AN ORDINANCE Notice is hereby given that on December 7, 2004 the City Council approved the introduction of an Ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH — RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) On January 4, 2005 the City Council of the City of San Juan Capistrano will consider the adoption of this ordinance. This ordinance approves a development agreement between the City of San Juan Capistrano and William Lyon Homes, Inc. The development agreement secures the planning entitlements for the project development and establishes a (5) years agreement term. It provides the developer with the ability to pursue public district financing, such as a community facility district, assessment district or other district financing vehicles for improvements of pubic benefit. A certified copy of the complete text of the Ordinance is posted and may be read in the City Clerk's Department, 32400 Paseo Adelanto, San Juan Capistrano, and/or a copy may be obtained from that office at a nominal charge. Dated: December 8, 2004 /s/ Margaret R. Monahan, City Clerk Publish: Capistrano Valley News, December 16, 2004 12/7/2004 F2 AGENDA ITEM TO: Dave Adams, City Manager FROM: Molly Bogh, Planning Director j SUBJECT: Consideration of a Development Agreement for Tract Map 16221, a tract Map to Develop 119 Single-Family Detached (SFD) Lots on a 78.6 Acre Parcel Located Along the East Side of Rancho Viejo Road and About 200 Feet North of Ortega Highway (APN# 650-141-01, 04, & 14; 650-152-09; 650-552-03, 04, 06, & 07)(Rancho Madrina-Honeyman Ranch) RECOMMENDATION . By motion: Open the public hearing, receive public testimony, close the public hearing, and following the reading of the title of an Ordinance adopting a Development Agreement for Tract Map 16221, Rancho Madrina-Honeyman Ranch, approve first reading and the introduction of the ordinance. SITUATION A. SUMMARY AND RECOMMENDATION William Lyon Company has requested that the City approve a Development Agreement for the Honeyman Ranch project(now being developed under the name "Rancho Madrina"). The substantive provisions of the agreement would guarantee the Lyon Company could develop the subdivision under City requirements in effect at the time the map received final approval; and have assurance that building permits will be issued concurrently with the provision of infrastructure through project build-out. Staff recommends City Council approval of the agreement (see Attachment 1, Draft Ordinance Approving the Rancho Madrina Development Agreement). B. BACKGROUND 1. General Plan Designation: The property is General Plan-designated "VLD" (Very Low Density Residential 0-1.0 du/ac), "LD" (Low Density Residential 1.0-2.0 du/ac), "MLD" (Medium Low Density Residential 2.0-3.5 du/ac), and "MD" (Medium Density Residential 3.5-5.0 du/ac). The property is also partially bisected by a General Plan-designated "major ridgeline." CC Agenda Item 2 December 7, 2004 2. Zoning Designation: The property is classified as "PC" (Planned Community) on the Official Zoning Map and subject to the provisions of Comprehensive Development Plan 01-01, Honeyman Ranch. 3. Environmental Review: Staff reviewed the proposed project for compliance with the California Environmental Quality Act and determined that the potential environmental impacts of the project have been previously addressed through the Final Environmental Impact Report certified by the City Council for this project on May 20, 2003 (reference City Council Resolution 03-5-20-2 Certifying the Final Environmental Impact Report for TTM 16221, Honeyman Ranch). 4. Community Redevelopment Agency: Not applicable. 5. Prior Entitlements: On June 3, 2003, the City Council conditionally approved Tentative Tract Map (TTM) 16221 Honeyman Ranch for the development of 124 single family detached (SFD)home lots (see Attachment 2, City Council Resolution 03-6-3-1 Approving Tentative Tract Map 16221). At that time, the City Council also approved Ordinance No. 882 Amending the Official Zoning Map and Adopting Comprehensive Development Plan 01-01, Honeyman Ranch. On April 20, 2004, the City Council approved residential building permit allocations for qualifying projects including Tract 16221 (see Attachment 3, City Council Resolution 04-04-20-4, Approving 2005-2007 Numerical Limits and 2004-2007 Residential Allocation Schedule.) On July 2, 2004, the City Council, in response to a similar request by SJD Partners for the Pacifica San Juan project, approved an amended Development Agreement for that project with the same substantive provisions as the subject Agreement. C. Project Description -The project consists of a proposed Development Agreement (see Attachment 1, Exhibit A, Development Agreement for the Rancho Madrina Project). The agreement contains the following substantive provisions: • The Agreement incorporates, by reference, the planning entitlement approvals granted by the City Council on June 3, 2003 including adoption of Comprehensive Development Plan (CDP)01-01, and approval of Tentative Tract Map 16221. The tract map, subsequently revised to reduce the total number of lots from 124 to 119 and to realign a subdivision street, was approved on October 17, 2003. • Section 4.1 establishes a five (5)year term forthe Agreement with provisions for a five (5)year extension (note: the effective date of the agreement would commence thirty (30) days after second reading of the ordinance.) CC Agenda Item 3 December 7, 2004 • Section 6.6 allows the project to secure residential building permits in successive years, on an as needed basis, for those allocated dwelling units which are not actually constructed in any given year. This provision complements Section 7.5, Financing for Public Improvements. D. Staff Analysis The proposed Development Agreement would secure the planning entitlements for the project developer, would establish a five (5) year agreement term, and would provide the project developer with the ability to pursue "public district financing"(i.e. community facility district, assessment district, or other district financing). The project's ability to pursue"public district financing"is directly affected by the project's residential building permit allocations under the City's Growth Management ordinance. Section 6.6 of the Agreement allows the developer to continue to receive building permits for units within the subdivision in future years notwithstanding the allocations granted by the City Council on April 20, 2004. This provision would allow potential "public district financing" of capital improvements. The City adopted a residential growth management ordinance in 1977 with the stated purposes of 1) controlling and directing future growth within the City so that the community characteris preserved 2) enhancing and preserving the characterof existing neighborhoods and 3) insuring rational and orderly growth so that public services and infrastructure can be provided to new development. This ordinance allows the City to establish a maximum annual limit on the number of residential building permits that may be issued. The ordinance also gives the City the authority to allocate permits to individual development projects (see Attachment 4, Section 9- 2.325, Growth Management). On April 20, 2004, the City Council granted the subject project a maximum of 90 residential building permits for 2004 and 30 permits for 2005. City-maintained capital facilities which would serve the Honeyman Ranch project include arterial streets, water services, sanitary sewer, and storm drainage. Capistrano Unified School District (CUSD)would provide public school services to serve school-age children within the project. The City Council resolution certifying the Environmental Impact Report and approving Tract 16221 required the developer to construct certain capital improvements or pay impact fees. These capital improvements would insure rational and orderly growth so that public services and infrastructure can be provided to new development" consistent with the primary objective of the ordinance. While the payment of school district impact fees provides some capital funding, it is not sufficient to finance construction of new school facilities in the District. Capistrano Unified School District (CUSD), in an effort to meet growing facility demands, is working to secure the necessary capital funding to finance the expansion of public school facilities to meet a growing student population in the CC Agenda Item 4 December 7, 2004 District. The District is presently constructing a new high school in the City, planning the construction of a new middle school, and planning the expansion of San Juan Elementary and Ambuehl Elementary Schools. Bond financing is necessary for the District to generate the significant level of funding needed to build new schools and expand exiting schools. Bonds are essentially loans that rely on new development as a funding source to generate the revenues necessary to pay for and eventually "retire" the bonds. The City's Growth Management ordinance, which sets annual permit limits and allocates annual residential building permits, provides no certainty to bondholders that the new homes necessary to generate the bond-related revenues will be constructed in a timely manner. Under growth management, at best, bond interest rates are set at a premium resulting in the District having to pay more for the same facilities (or constructing fewer improvements facilities with the same money). At worst, bond underwriters may refuse to support the issuance of bonds for the District. Consequently, the provisions of the Growth Management ordinance are an unintended impediment to the formation of "public financing districts" for School District improvements. In terms of addressing capital facility needs, the project developer is required to construct certain off-site street improvements to mitigate the project's direct impacts to the City's street system, and is required to pay Capistrano Circulation Fee Program (CCFP) fees to fund future street improvements planned under the General Plan Circulation Element and the City's "Master Plan of Streets and Highways." In terms of water services, the project is required to pay water capacity fees to address capital facility impacts to the City's water system. For sanitary sewer services, the project is required to pay sewer capacity fee for its fair-share capacity in the South Orange County Wastewater Authority (SOCWA) treatment plant. At the time the tract map was reviewed, the City evaluated the project's capital facility impacts on various public services and the City's ability to provide adequate public services (i.e. public streets, water, sewer, public schools, storm drainage,fire, and police). The City determined that adequate capital facilities were either available or would be available to serve the proposed project subject to the construction of certain improvements. In addition, the City's Seven Year Capital Improvement Program (CIP) provides a funding and planning mechanism for constructing new facilities and meeting the cumulative capital facility demand of new projects. Consequently, the project will be served by adequate capital facilities. Conclusion Given the preceding analysis and findings that adequate infrastructure will be provided to serve the proposed project regardless of the timing of issuance of building permits, staff recommends the City Council determine that the proposed Development Agreement is consistent with applicable provisions of the General CC Agenda Item 5 December 7, 2004 Plan including the Circulation Element and the Public Services Element with respect to the adequacy of public capital facilities to serve the project. Staff also recommends the City Council determine the Agreement is consistent with the objectives of the City's Growth Management ordinance, because the orderly provision of public services and infrastructure to support new homes has been assured through project conditions of approval and mitigation measures. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS At their November 23, 2004 meeting, the Planning Commission unanimously approved a motion recommending City Council approval of the development agreement. FINANCIAL CONDIERATIONS None. PUBLIC NOTIFICATION Pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearings of Title 9, a public hearing notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls)within five-hundred (500)feet of the project, has been published in the Capistrano Valley News, and posted at three public locations (see Attachment 4, Public Hearing Notice). Copies of this agenda item have been provided to the following parties: William Lyon Homes, Inc.* % Thomas Grable 4490 Von Karman Ave. Newport Beach, CA 92660 John C. Condas, Esq.* Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 Respectfully submitted, Prepared by, Molly IN William A. Ramsey, AICP� Planning Director Principal Planner PAPlanning\Archive\TTM PROJECTS\T16221-DevAgree-Honeyman\ti6221-DevAgree-PCai-2004nov23-fnal.doc CC Agenda Item 6 December 7, 2004 Attachments: 1, Attachment 1, Draft Ordinance Approving the Rancho Madrina Development Agreement 2, City Council Resolution 03-6-3-1 Approving Tentative Tract Map 16221 3, City Council Resolution 04-04-20-4, Approving 2005-2007 Numerical Limits and 2004- 2007 Residential Allocation Schedule 4, Public Hearing Notice ORDINANCE NO. xxx AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH-RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC.) The City Council of the City of San Juan Capistrano hereby ordains as follows: SECTION 1. Recitals & Findings 1. William Lyon Homes, Inc. has requested approval of a Development Agreement, entitled "Development Agreement for the Rancho Madrina (formerly "Honeyman Ranch") Project Between the City of San Juan Capistrano and William Lyon Homes, Inc."; and, 2. On June 3, 2003, the City Council adopted Resolution 03-06-03-01 conditionally approving Tentative Tract Map 16221, Honeyman Ranch and enacted Ordinance 882, adopting Comprehensive Development Plan (CDP) 01-01, Honeyman Ranch Planned Community; and, 3. The City's Environmental Administrator has previously required preparation of an environmental impact report and on May 20, 2003, the City Council certified the Final Environmental Impact Report for Tentative Tract Map (TTM) 16221, Honeyman Ranch, and all project-related impacts have been previously disclosed and adequately mitigated, and the City has otherwise complied with all applicable provisions of the California Environmental Quality Act; and, 4. The Planning Commission conducted a duly-noticed public hearing on November 9, 2004 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony on the proposed project. 5. Minor modifications to Tentative Tract Map (TTM) 16221, Honeyman Ranch (Rancho Madrina) were administratively approved by the Planning Director on October 17, 2003 and reduced the total number of residential lots from 124 lots to 119 lots; and, 6. The City Council now finds it appropriate to establish a development agreement by reason of Capistrano Unified School District (CUSD) need to provide capital funding for planned public school expansion and construction; and, 1 ATTACHMENT SECTION 2. Amendment. Pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the "DEVELOPMENT AGREEMENT FOR THE RANCHO MADRINA PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WILLIAM LYON HOMES, INC.", which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 4th day of January, 2004. MAYOR ATTEST: MARGARET R. MONAHAN, CITY CLERK PAPlanning\Archive\TTM PROJECTS\T16221-DevAgree-Honeyman\t16221-DevAgreeordinance.doc 2 RECORDING REQUESTED AND WHEN RECORDED, RETURN TO: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Space Above This Line for Recorder's Use DEVELOPMENT AGREEMENT FOR THE RANCHO MADRINA PROJECT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WILLIAM LYON HOMES, INC. EFFECTIVE DATE: 2004 EXHIBIT A t16221-Devft ree-final.doc TABLE OF CONTENTS Page No. 1. AGREEMENT........................................................................................................................................1 1.1 Code Authorization........................................................................................................................1 1.2 Interest of Owner...........................................................................................................................1 1.3 Intent of Parties..............................................................................................................................1 1.3.1 Achievement of General and Comprehensive Development Plan Goals................................1 1.3.2 Consistency Finding...............................................................................................................2 1.4 Certainty of Process......................................................................................................................2 1.5 Planning Commission -City Council Hearings...............................................................................2 1.6 City Council Findings.....................................................................................................................2 1.7 City Ordinance...............................................................................................................................2 1.8 Consideration.................................................................................................................................2 2. DEFINITIONS........................................................................................................................................3 3. EXHIBITS ..............................................................................................................................................5 4. GENERAL PROVISIONS......................................................................................................................5 4.1 Term of Agreement........................................................................................................................5 4.2 Assignment....................................................................................................................................5 4.3 Amendment or Cancellation of Agreement...................................................................................6 4.4 Unforeseen Circumstances............................................................................................................6 4.5 Enforcement ..................................................................................................................................7 4.6 Relationship of the Parties.............................................................................................................7 4.7 Sale to Public; Automatic Termination...........................................................................................7 5. CONFLICTS OF LAW ...........................................................................................................................7 5.1 Conflict of City and State or Federal Laws.....................................................................................7 5.1.1 Notice and Copies..................................................................................................................7 5.1.2 Modification Conference........................................................................................................7 TABLE OF CONTENTS Page No. 5.1.3 City Council Hearings............................................................................................................7 5.2 Cooperation in Securing Permits....................................................................................................7 6. DEVELOPMENT OF THE PROPERTY.................................................................................................8 6.1 Permitted Uses..............................................................................................................................8 6.2 Future Laws...................................................................................................................................8 6.3.1 Project EIR.............................................................................................................................8 6.4 Application of Subsequently Enacted Rules, Relations, Etc..........................................................8 6.6 Time For Construction and Completion of Project.........................................................................8 6.7 Residential Building Permit Allocation Plan ........................................................................9 6.8 Certificate of Completion................................................................................................................9 6.10 Cooperation in Securing Government Permits/Conflict of Laws................................................9 6.11 Mass Grading Authorized Following Tentative Map.........................................................................9 7. PUBLIC IMPROVEMENTS PROGRAM.................................................................................................9 7.1 Responsibility for Public Improvements ........................................................................................9 7.2 Acquisition/Condemnation of Off Site Property............................................................................9 7.3 Phasing of Public Improvements...................................................................................................9 7.4 Improvements Scheduling .............................................................................................................9 7.5 Financing for Public Improvements..............................................................................................10 7.6 Sewer Capacity............................................................................................................................10 8. ANNUAL REVIEW...............................................................................................................................10 8.1 City and Owner Responsibilities..................................................................................................10 8.4 Review Letter...............................................................................................................................10 8.5 Estoppel Certificates ....................................................................................................................10 8.6 Failure of Periodic Review...........................................................................................................11 9. ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION ...................................................11 9.3 Specific Performance Remedy....................................................................................................11 _ ii_ TABLE OF CONTENTS Page No. 9.6 Applicable Laws/Attomey's Fees ...................................................................................................I 1 10. ENCUMBRANCES AND RELEASES ON PROPERTY....................................................................11 10.1 Discretion to Encumber................................................................................................................11 10.2 Entitlement to Written Notice of Default....................................................................................12 10.3 Property Subject to Pro Rata Claims.......................................................................................12 11. MISCELLANEOUS PROVISIONS....................................................................................................12 11.1 Rules of Construction...............................................................................................................12 11.2 Severability..............................................................................................................................12 11.3 Entire Agreement,Waivers, and Amendments.........................................................................12 11.4 Project as a Private Undertaking..................................................................................................12 11.5 Incorporation of Recitals..............................................................................................................12 11.6 Captions...................................................................................................................................12 11.7 Consent....................................................................................................................................13 11.8 Covenant of Good Faith and Fair Dealing................................................................................13 11.9 Covenant of Cooperation.........................................................................................................13 11.10 Further Actions and Instruments................................................................................................13 11.11 Operating Memoranda and Amendments...............................................................................13 11.11.1 Alteration of Permitted Uses.............................................................................................13 11.11.2 Increase in Density or Intensity..................................................................................13 11.11.3 Increase in Height and Size.............................................................................................13 11.11.4 Deletion of Reservation Requirements.............................................................................14 11.12 Successors and Assigns..........................................................................................................14 11.13 Notices.....................................................................................................................................14 11.14 Recording.................................................................................................................................14 11.15 Effective Date...........................................................................................................................15 DEVELOPMENT AGREEMENT RANCHO MADRINA THIS DEVELOPMENT AGREEMENT ("Agreement') is entered into between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("City"), and WILLIAM LYON HOMES, INC., a California corporation ("Owner"), and its successors or assigns. RECITALS A. On May 20, 2003, the City Council of City certified the Environmental Impact Report ("EIR") dated May 2003 approved for the following Project: (i) Comprehensive Development Plan ("CDP") 01-01, Honeyman Ranch (Rancho Madrina) establishing development and zoning standards to allow development of one-hundred and twenty-four (124) residential units within the planned community; and (ii) tentative tract map (TTM) 16221, allowing one-hundred and twenty-four (124) residential lots, and subsequently amended by the Record of Administrative Approval approved by the Planning Director on October 17, 2003 to allow one- hundred and nineteen (119) residential units. B. On June 3, 2003, the City Council of City enacted Ordinance No. 882, adopting CDP 01-01, Honeyman Ranch and adopted Resolution No. 03-06-03-01 conditionally approving Tentative Tract Map 16221; and on October 5, 2004 approved Final Map (FM) 16221. C. City and Owner desire to enter into this Development Agreement to further confirm their rights and obligations to each other regarding the EIR, CDP 01-01, TTM 16221, and FM 16221 and the Other Entitlements (defined below). 1. AGREEMENT. 1.1 Code Authorization. This Agreement is authorized by and in accordance with Government Code Sections 65864 through 65869.5 and related City Ordinances and policies. These laws and policies allow the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose of establishing certainty in the development process for both the City and the property owner. 1.2 Interest of Owner. Owner is the legal and/or equitable owner of approximately 78.6 acres of real property located in the City (the 'Property"). legally described on Exhibit "A" and shown on Exhibit "B" attached hereto. The Property forms a portion of the Rancho Madrina Planned Community. Owner intends to develop the Property pursuant to CDP 01-01, TTM 16221, FM 16221 and the certified EIR (the 'Project'). City and Owner wish to provide for the development of the Property and obtain certainty of development Entitlements and obligations in connection therewith. 1.3 Intent of Parties. The development of the Project is intended to implement specific land uses, provide public infrastructure and generate revenues to the City, all in promotion of the health, safety and general welfare of the residents of City. 1.3.1 Achievement of General and Comprehensive Development Plan Goals. Achieving of the goals of CDP 01-01 as well as the City General Plan and City policies requires the cooperation of Owner and City. As a result of the development of the Property, the City will benefit from added residential neighborhoods having a range of housing types, - 1 - significant increases to the real property tax base, and substantial improvements to public infrastructure and facilities including arterial streets, storm drainage facilities, and General Plan trails. 1.3.2 Consistency Finding. By approving and executing this Agreement, the City finds that its provisions are consistent with and in the furtherance of the City's General Plan and with CDP 01-01, and the City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of the City's present and future residents, property owners and taxpayers. The Project has been analyzed and reviewed by the City as part of its process of granting development approvals, in view of the enacted land use standards and policies of the City embodied in its Existing Standards and in view of State law including, without limitation, CEQA. 1.4 Certainty of Process. The phasing, timing and development of the Project and the Public Improvements necessitate a significant commitment of resources, planning and effort by Owner and City, thus requiring certainty in the development process. In return for Owner's participation and commitment to the significant contribution of private resources, including substantial economic resources for public purposes, the City wishes to commit to certainty in the development process for the Property. 1.5 Planning Commission - City Council Hearings. On November 23, 2004, the Planning Commission of City, after giving notice pursuant to Government Code Section 65867, held a public hearing to consider Owner's application for this Agreement. On December 7, 2004, the City Council, after providing public notice as required by law, held a public hearing to consider Owner's application for the Agreement. 1.6 City Council Findings. The City Council has found that this Agreement is consistent with the General Plan and CDP 01-01, as well as all other applicable plans, ordinances, policies and regulations of the City. 1.7 City Ordinance. On 2004, the City Council adopted Ordinance No. approving this Agreement (the "Adopting Ordinance"). The Adopting Ordinance became effective thirty (30) days following City Council adoption (the "Effective Date"). 1.8 Consideration. The City has determined that this Agreement will further the goals and objectives of the City's land use planning policies, by eliminating uncertainty in planning for the orderly development of the Project, to the end that adequate long term plans regarding the provision of necessary infrastructure for existing and future city residents can be developed and implemented. Without limiting the generality of the foregoing, the benefits conferred by the Project pursuant to this Agreement will help increase traffic capacity for the road system of the City and will facilitate the installation of certain other significant public improvements, all of which will significantly promote the health, safety and general welfare of present and future residents of the City. In exchange for these benefits to the City and its residents, the Owner wishes to receive the assurances permitted by State law that the Owner may proceed to develop the Project in accordance with CDP 01-01, TTM 16221, FM 16221, and the certified Final EIR dated May 2004 , and at a rate of development subject to the terms and conditions of this Agreement. The rights, duties, obligations and assurances provided by the City and the Owner to each other in this Agreement are being provided pursuant to and as contemplated by State law, are -2 - bargained for and in consideration for the undertakings of the parties, and are intended to be and have been relied upon by the parties to their detriment, such that the Owner will be deemed to have a vested interest in CDP 01-01, which will be the controlling land use plan for the Project in combination with this Agreement. 2. DEFINITIONS. The following definitions apply only to their use within this Agreement and not to any other document or agreement pertaining to the Project, including CDP 01-01. These definitions are intended to have substantive effect. 2.1 The "Adopting Ordinance" refers to City Ordinance No. adopted by the City Council and authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this " Development Agreement" related to this Project. 2.3 The "Approval Date" refers to the date on which the City Council approved the Adopting Ordinance. 2.4 All forms of use of the verb "assign" and the nouns "assignment" and "assignee" shall include all contexts of hypothecations, sales, conveyances, transfers, leases and assignments. 2.5 "CEQA" refers to the California Environmental Quality Act (Public Resources Code Sections 21,000, et seq.). 2.6 "City" refers to the City of San Juan Capistrano, California. 2.7 "City Council" refers to the city council of the City. 2.8 "Comprehensive Development Plan" refers to CDP 01-01 approved by City Council Ordinance No. 882 on June 3, 2003 , a copy of which is on file with the City Clerk. 2.9 "Cure Period" refers to the period of time permitted pursuant to Section 9 in this Agreement. 2.10 A "dam' or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" or "default" refers to any material default, breach or violation of the provisions of this Agreement. A "City Default" or "City default" refers to a Default by the City, while an "Owner Default" or"Owner default" refers to a Default by Owner. 2.12 The "Director" refers to the Director of Planning Services of the City or any successor to that title or a successor title. 2.13 The "Effective Date" refers to the effective date of the Adopting Ordinance. 2.14 The "EIR" refers to the Environmental Impact Report certified by the City Council on June 3, 2003 in connection with CDP 01-01, and TTM 16221. -3- 2.15 "Entitlements" refers to adoption of CDP 01-01, approval of TTM 16221, and future licenses, approvals and permits necessary or incidental to the development of the Project, whether discretionary or ministerial. Entitlements include, but are not limited to, comprehensive development plans, rezones, conditional use permits, tentative and final parcel maps, general plan amendments, site development plans, tentative and final subdivision map approvals, whether standard or vesting, project plans, grading permits, building permits, occupancy permits, actions pursuant to the California Environmental Quality Act, and this Agreement. 2.16 An "Exaction" refers to any fee, requirement, dedication, condition, restriction or limitation imposed by the City upon the development of the Property at any time. 2.17 "Exhibit" refers to an exhibit to this Agreement as listed in Section 3 below. All Exhibits are incorporated by reference as a substantive part of this Agreement. 2.18 "Existing Standards" refers to all the laws, statutes, codes, resolutions, policies, regulations and orders of the City affecting the permitted uses of the Property, the density or intensity of use, limits or controls on the rate, timing or sequence of development, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes, the design, improvement and construction standards for the Project, all as set forth in CDP 01-01 and, if not addressed in CDP 01-01, the ordinances, regulations, resolutions, rules and official policies of the City in effect on the Approval Date, including all Entitlements approved on or before the Approval Date. 2.19 "Future Laws" refers to all laws, statutes, ordinances, codes, resolutions, policies, rules, regulations and orders of the City enacted after the Approval Date, whether by City Council action, initiative, or otherwise which in any way affect the Project. "Future Laws" include but are not limited to changes to the Existing Standards and amendments to the General Plan. 2.20 "Future Entitlements" refers to all Project Entitlements, or amendments thereto, approved or adopted by the City after the Approval Date. 2.21 "General Fees" refers to all application fees, processing fees, utility connection fees, inspection fees, and development impact fees (including, but not limited to, general development fees, traffic impact fees, park fees and such other similar fees as may be enacted from time to time) generally applied throughout the City to development projects or types of development similar to the Project. 2.22 "General Plan" refers to the City's general plan in effect on the Approval Date of this agreement. 2.23 "Mortgage" refers to the lien of any mortgage, deed of trust, sale-leaseback agreement, lease, sublease or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security. 2.24 "Mortgagee" refers to the holder of a beneficial interest under a Mortgage or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. -4 - 2.25 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.26 "Owner" refers to William Lyon Homes, Inc., a California corporation. 2.27 The "Parties" refers to the City and Owner and a "Party" shall refer to either of the Parties. 2.28 "Project" refers to the proposed development of the Property pursuant to CDP 01-01, TTM 16221, FM 16221 and the certified Final EIR. 2.29 "Project Plans" refers to specific residential and other construction plans which shall include elevations, landscaping and architectural designs and features consistent with CDP 01-01 and other Entitlements. 2.30 The "Property" refers to the real property legally described on Exhibit "A" and depicted on Exhibit "B" to this Agreement. 2.31 The "Review Letter" refers to the letter in Section 8 below. 2.32 "Subdivision Mad' refers to Final Tract Map 16221 approved by the City Council on October 5, 2004. 2.33 The "Term" refers to the term of this Agreement as provided in Section 4.1 below. 3. EXHIBITS. The following Exhibits to this Agreement are incorporated herein by this reference,whether attached hereto or contained in the Technical Appendices: Exhibit "A": Legal Description of the Property Exhibit "B": Map of the Property 4. GENERAL PROVISIONS. 4.1 Term of Agreement. Unless otherwise extended, terminated or modified pursuant to this Agreement, the term of this Agreement (the "Term") shall commence on the Effective Date and shall extend for a period of five (5) years following the Effective Date, and shall be subject to one five (5)year extension upon approval by the City Council. 4.2 Assignment. The rights and obligations of Owner under this Agreement may be assigned in writing in whole or in part as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of the Agreement and to the prior written consent of City, which shall not be unreasonably withheld. During the Term, any assignee shall have those rights, benefits and obligations of Owner under this Agreement as expressly assigned with respect to the portion of the Property owned by assignee. Immediately upon delivery by Owner to the City of the assignee's written assumption of Owner's rights and obligations under this Agreement with respect to any portions of the Property being assigned, Owner shall be released from all obligations as to any portions of the Property so assigned. - 5 - 4.3 Amendment or Cancellation of Agreement. This Agreement may be extended, canceled or amended from time to time by the mutual consent of the Parties, but only in the manner provided by the Government Code and the City's Ordinances. The "Agreement" shall include any amendment properly approved and executed. 4.4 Unforeseen Circumstances. If, as a result of facts, events or circumstances presently unknown and unforeseen, and which could not have been known or foreseen by the Parties, the City determines in good faith that the immediate physical health and safety of the City necessitate the modification, suspension or termination of the Agreement, the City shall: (i) give Notice to Owner of a. the City's intended action, and b. the reasons and factual basis for the City's determination; (ii) forward to Owner a minimum of thirty (30) days prior to a public hearing, all documents relating to that determination; (iii) give Notice to Owner at least thirty (30) days prior to the hearing date, of the time and place of the hearing; and (iv) hold a City Council hearing on the determination, at which hearing Owner shall have the right to present witnesses, reports, and oral and written testimony, and further have the right to examine witnesses, City staff, or other persons. The City shall have the obligation, based upon clear and convincing evidence, of establishing that: (i) the circumstances were unknown and unforeseen and could not have been known or foreseen; (ii) the immediate physical health or safety of the community require the suspension, modification or termination of the Agreement in contrast to any other alternative; and (iii) the City and Owner shall have developed an equitable program to adjust the obligations proportionately to meet the changed circumstances. This provision shall neither limit nor expand the rights or liabilities of either of the Parties with respect to the enforcement of the Agreement, the reimbursement of costs related to the Project, or the development of the Property. If the City Council fails to make such findings, then the Agreement shall not be terminated, modified or suspended. The unforeseen circumstances which justify the suspension, modification or termination of the Agreement shall not include changes in state or federal law. In the event of changes in state or federal law, the provisions of Section 4 below shall govern. -6- 4.5 Enforcement. Unless amended or terminated as provided in Sections 4.3 and 4.4, the Agreement is enforceable by any Party or its assigns, notwithstanding any Future Laws which alter or amend the Existing Standards. 4.6 Relationship of the Parties. The contractual relationship between the City and Owner arising out of this Agreement is one of independent contractor and not agency. 4.7 Sale to Public: Automatic Termination. The provisions of Section 4.2 requiring prior approval shall not apply to sale or long term lease of individual, finally subdivided lots or parcels to members of the public for their use or occupancy. This Agreement shall automatically terminate with respect to such lot or parcel upon the occurrence of the two following events: (i) sale or long term lease to a member of the public and (ii) issuance of a certificate of occupancy for the building(s) constructed thereon. The provisions of this Section 4.7 shall be self-executing without the necessity of execution or recordation of any further document. 5. CONFLICTS OF LAW. 5.1 Conflict of City and State or Federal Laws. If state or federal laws or regulations enacted after the Approval Date (i) prevent compliance with any provision of the Agreement, (ii) require (as opposed to allow) changes in plans, maps or permits approved by the City, and (iii) the federal or state law or regulations are mandatory and controlling, then the Parties shall: 5.1.1 Notice and Copies. Provide the other Party with Notice and a copy of the law or regulation and a statement of the conflict between the law or regulation and the provisions of the Agreement and of the proposed course of action of the Party giving the Notice; and 5.1.2 Modification Conference. Within thirty (30) days following the Notice, meet and confer in good faith in a reasonable attempt to modify the Agreement to comply with the law or regulation. 5.1.3 City Council Hearings. Subsequent to the conference referred to in Subsection 5.1.2 above, whether or not the Parties agree on the effect of the law or regulation upon this Agreement, the matter shall be scheduled for hearing before the City Council. Thirty (30) days' written notice of the hearing shall be given pursuant to Government Code Section 65867. The written notice shall identify the proposed modification, suspension or alternate course of action. The City Council, at the hearing, shall determine the exact modification or suspension or alternate course of action, if any, which is necessitated by such law or regulation. At the hearing, Owner shall have the right to offer oral and written testimony. Any modification or suspension of the Agreement or alternate course of action shall be taken only by the affirmative vote of not less than a majority of the authorized number of members of the City Council, and shall be subject to judicial review in conformance with Section 9.5 below. 5.2 Cooperation in Securing Permits. The City shall assist Owner in the securing of any permits, including permits from other public agencies, which may be required as a result of the modifications, suspensions or alternate course of action. - 7 - 6. DEVELOPMENT OF THE PROPERTY. 6.1 Permitted Uses. Subject to Sections 4 and 5 above, during the Term, the rules, regulations and official policies governing the permitted uses of the Property, the density or intensity of use, the timing and phasing of development of the Project, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards for the Project shall be only those set forth in this Agreement, CDP 01-01, and TTM 16221. In the event of any inconsistencies, the provisions of CDP 01-01 and TTM 16221 shall prevail over all other Existing Standards and this Agreement. All future amendments of CDP 01-01 and TTM 16221 which are approved by the City Council and Owner shall be deemed consistent with this Agreement. 6.2 Future Laws. Future Laws shall not apply to the Property or the Project except as expressly provided in this Agreement or expressly required as opposed to permitted by State or federal law, except any fees due to the City at the time of building permit or grading permit issuance which shall be those fees in effect at that time. 6.3 Project EIR. The Parties intend that the EIR shall be the project EIR for all Entitlements and Future Entitlements for the Project, and no future environmental impact reports are required. Notwithstanding the foregoing, the City may conduct, if legally required in accordance with CEQA and the Existing Standards, an environmental review of Future Entitlements. The City may impose, if legally required by CEQA, additional reasonable and customary mitigation measures to mitigate significant adverse environmental effects which were not previously considered at the time of approval of CDP 01-01, the EIR and/or the Entitlements. 6.4 Application of Subsequently Enacted Rules, Regulations, Etc. Subject to Section 6.3, Future Laws may be applied to the Project only if they are not in conflict with or more restrictive than the Existing Standards and will not prevent, hinder, delay or financially impact development of the Property according to CDP 01-01 and the Entitlements and in the time frame desired by Owner. Provided, however, the City may apply future changes to the uniform codes such as the Uniform Building Code, Uniform Electrical Code and Uniform Mechanical, Plumbing and Fire Codes which are enacted by the City Council at it's legislative discretion based on public health welfare and safety considerations. 6.5 Time For Construction and Completion of Project. Owner and City cannot predict when or the rate or the order in which the Private Improvements will be developed, if at all. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion, and other similar factors. Therefore, Owner may develop the Project at the rate deemed appropriate in Owner's subjective business analysis. Notwithstanding the California Supreme Court decision in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the Parties' emphasize it is the intention and purpose of this Agreement that Owner shall have the right to develop the Project at such rate, and at such times as Owner deems appropriate. It is the intent of the parties hereto that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements for use approved, issued or granted within the City, or any portion thereof, shall apply to the Project to the extent such moratorium or other limitation is inconsistent or in conflict with this Agreement. The residential building permit allocation plan shall be governed by Section 6.5 hereinafter. -8 - 6.6 Residential Building Permit Allocation Plan. City has, by the adoption of Resolution 04-04-20-4 established an annual allocation of dwelling units for Owner's Project consisting of up to 90 dwelling units in year 2004 and 30 dwelling units in year 2005. This allocation authorizes the issuance of building permits for these dwelling units during the above stated calendar years. Notwithstanding Municipal Code Section 9-2.325, City hereby authorizes Owner, or its successors in interest, as a matter of right to obtain building permits for those allocated dwelling units which are not actually constructed during years 2004 and 2005, in other, future years on an as needed basis, to comply with the intent of this Agreement as specified in Sections 6.5 and 6.6 and otherwise. 6.7 Certificate of Completion. If requested by Owner or any Mortgagee after City's formal approval of the completion of any stage or portion of development of the Project, City shall provide Owner with an instrument certifying completion. The certification is a conclusive determination that the obligations of Owner under the Agreement with respect to the stage or portion of development so described has been met. The certification shall be in recordable form. Such Certificate of Completion is not a notice of completion as referred to in California Civil Section 3093. 6.8 Cooperation in Securing Government Permits/Conflict of Laws._ The City shall cooperate with Owner in submitting information which may be required by any other governmental agency in order to develop the Project in accordance with this Agreement. Owner will reimburse City for all reasonable costs incurred in providing such assistance. 6.9 Mass Grading Authorized Following Tentative Map. The mass grading of the Project, pursuant to an approved grading plan permit, may commence, at Owner's election, following approval of TTM16221. 7. PUBLIC IMPROVEMENTS PROGRAM. 7.1 Responsibility for Public Improvements. The Owner shall construct the on-site public improvements and construct or contribute the Project's pro-rata share of the off-site public improvements as required by the findings and conditions of CDP 01-01, TTM 16221, FM 16221 and the certified Final EIR. 7.2 Acquisition/Condemnation of Property for Off-site Improvements. If the City is unable or unwilling to acquire or condemn any necessary off-site property, rights of way, or easements per Government Code Section 66462.5, then, in accordance with said provision, the condition requiring such condemnation shall be subject to amendment to provide alternative mitigation. Such acquisition/condemnation shall be at Owner's expense, including attorneys'fees and court costs. 7.3 Phasing of Public Improvements. Although Owner may determine the timing of development of the Project as provided in Section 6.6 above, the Public Improvements may be completed in one or more phases as outlined above and as required to serve the particular increment of development as determined necessary by the City Engineer. 7.4 Improvements Scheduling. Dates or times of performance by either Party may be subject to revision from time to time due to economic conditions and other causes as mutually agreed to by the Parties in writing. Such revisions are deemed to be within the framework of the Agreement and do not constitute amendments to the Agreement. -9- 7.5 Financing for Public Improvements. From time to time, Owner may propose to City use of public district financing, including but not limited to, community facilities districts, assessment districts, or other bonded indebtedness programs to facilitate the construction or acquisition of Public Improvements to be constructed and financed by the Project. City agrees to consider such proposals, if made under its Existing Standards in good faith. Nothing herein shall be deemed to preclude the use of public financing techniques reasonably acceptable to Owner and City. 7.6 Sewer Capacity. In further consideration of the mutual obligations contained herein, City agrees to use its best efforts to assure the availability of sufficient sewer capacity for construction, development and occupancy of the Property consistent with this Agreement. 8. ANNUAL REVIEW. 8.1 City and Owner Responsibilities. Within sixty (60) days after the end of each twelve (12) month period during the term of this Agreement, City shall commence a review of the extent of good faith substantial compliance by Owner with the terms of this Agreement (the "Annual Review"). At the conclusion of the Annual Review, the City's finding of good faith compliance by Owner with the terms of the Agreement shall be conclusive up to the date of such finding for the purposes of future Annual Reviews or legal action between the Parties. Pursuant to Government Code Section 65865.1, as amended, and applicable City Ordinances, Owner shall have the duty to demonstrate its good faith compliance with the terms of the Agreement at the Annual Review. 8.2 Review Letter. If Owner is found to be in compliance with the Agreement after the Annual Review, City shall issue, upon written request by Owner, a letter to Owner (the "Review Letter") stating that, based upon information known or made known to the City Council, the City Planning Commission, and/or the City Manager, the Agreement remains in effect and Owner is not in Default. Owner may record the Review Letter in the Official Records of the County of Orange. 8.3 Estoppel Certificates. Either party may at any time, and from time to time, deliver written Notice to the other Party requesting that the other Party certify in writing that to the knowledge of the certifying Party: (i) The Agreement is in full force and effect and is a binding obligation of the Parties. (ii) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (iii) No Default in the performance of the requesting Party's obligations under the Agreement exists or, if in Default, the nature and amount or description of any Default. A Party receiving a request under this provision shall execute and return a certificate within thirty (30) days following receipt of the request. The Director shall have the right to execute any certificate requested by Owner on behalf of City. A certificate given pursuant to this Section 8.5 may be relied on by assignees and Mortgagees. - 10 - 8.6 Failure of Periodic Review. City's failure to review at least annually (as described herein) Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by City as an Owner Default. 9. DEFAULT & REMEDIES. 9.1 Specific Performance Remedv. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. In addition, City and Owner agree that monetary damages are not available if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Owner if City fails to carry out its obligations under this Agreement, and City hereby agrees that Owner shall be entitled to specific performance in the event of a default by City hereunder. 9.2 Applicable Laws/Attomev's Fees. The Agreement shall be construed and enforced in accordance with the laws of the State of California. All statutory references are to California statutes. Should any action between the Parties be brought in any court of competent jurisdiction arising out of or in connection with the Agreement, the prevailing Party in the action shall be entitled to recover reasonable attorney's fees, court costs, and necessary disbursements in connection with this litigation. 9.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. In addition, City and Owner agree that, monetary damages are not available if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Owner if City fails to carry out its obligations under this Agreement, and City hereby agrees that Owner shall be entitled to seek specific performance in the event of a default by City hereunder. 10. ENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. The Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion of the Property or any improvement on the Property by any Mortgage. City acknowledges that lenders providing financing may require modifications to the Agreement and City agrees, upon request, from time to time, to meet with Owner and/or representatives of lenders to negotiate in good faith any lender request for modification. City agrees to not withhold unreasonably its consent to any lender requested modification to the Agreement. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to City, shall be entitled to receive from City written Notice of any Owner Default at the same time Owner is provided with Notice pursuant to Section 8.4 above. 10.3 Property Subject to Pro Rata Claims. Any person or entity who/which comes into possession of any portion of the Property pursuant to foreclosure of a Mortgage or deed in lieu of foreclosure, shall take possession, on an average pro rata basis, subject to claims for payments or charges established by the Agreement against the Property and which accrue prior to the time the person or entity comes into possession. 11. MISCELLANEOUS PROVISIONS. 11.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine;"shall'is mandatory; "may'is permissive. 11.2 Severability. If any non-material provision of the Agreement shall be adjudged by a court of competent jurisdiction to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision of the Agreement. In the event a material part of the Agreement is adjudged by a court of competent jurisdiction to be invalid, void or illegal, the entire Agreement is deemed to be unenforceable or void. For purposes of this Section 11.2, all provisions of Section 6 are deemed to be a "material part" of the Agreement. If any portion of the Agreement is adjudged to be unenforceable, that portion shall be deemed to be a statement of intention by the Parties and the Parties shall take all steps necessary to make valid the Agreement or that portion which is adjudged to be unenforceable. 11.3 Entire Agreement, Waivers. and Amendments. This Agreement constitutes the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties with respect to that subject matter. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate agents of City or of Owner. All amendments to this Agreement must be in writing signed by the appropriate agents of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Within ten (10) days following the Effective Date, a copy of this Agreement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing completion, revocation or termination signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 11.4 Project as a Private Undertaking. It is specifically understood by the Parties that: (a) the Project is a private development; (b) City has no interest in or responsibilities for or duty to third parties concerning any Private Improvements to the Property; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in the Agreement. 11.5 Incorporation of Recitals. The Recitals set forth in this Agreement are part of this Agreement. 11.6 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Agreement. - 12 - 11.7 Consent. Where the consent or approval of a Party is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 11.8 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. Each Parry shall refrain from doing anything which would render its performance under this Agreement impossible. Each Party shall do everything which this Agreement contemplates that such Party shall do to accomplish the objectives and purposes of this Agreement. 11.9 Covenant of Cooperation. The Parties shall cooperate with and assist each other in the performance of the provisions of this Agreement, including assistance in obtaining permits for the development of the Property which may be required from public agencies other than City. Owner reserves the right to challenge any ordinance, measure, moratorium, initiative, referendum or other limitation in a court of law to the extent deemed necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.10 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Parry, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.11 Operating Memoranda and Amendments. The Parties acknowledge that the passage of time may demonstrate that changes are necessary or appropriate with respect to the details of each Parry's performance under this Agreement. Because the parties desire to retain a certain degree of flexibility with respect to the details of each Party's performance pursuant to this Agreement, if and when the parties find that changes are necessary or appropriate, they will, unless otherwise required by law, effectuate such changes or adjustments through operating memoranda approved by the Owner and by the Director on behalf of the City. Each such operating memorandum will be attached hereto as an addendum and become a part hereof, and may be further changed from time to time as necessary or appropriate, as provided in this Section. No such operating memorandum will be deemed to be an amendment of this Agreement under Government Code Section 65868 and unless otherwise required by law, no such operating memorandum will require prior notice or hearing. Notwithstanding the foregoing, the following matters will not be considered as appropriate subjects of operating memoranda, but will be considered substantive amendments which must be reviewed by the Planning Commission of the City and approved by the City Council. . 11.11.1 Alteration of Permitted Uses. Alteration of the permitted uses of the Property except to the extent permitted by this Agreement or CDP 01-01. 11.11.2 Increase in Density or Intensity. Increase in the density or intensity of use or number of buildable lots except to the extent permitted by this Agreement or CDP 01-01, 11.11.3 Increase in Height and Size. Increase in the maximum height and size of permitted buildings except to the extent permitted by this Agreement or CDP 01-01 . - 13 - 11.11.4 Deletion of Reservation Requirements. Deletion of a requirement for the reservation or dedication of land for public purposes, except for minor boundary adjustments approved by the Community Development Director of the City and except to the extent permitted by this Agreement or CDP 01-01. 11.12 Successors and Assigns. Subject to Section 4.2, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors-in-interest and assigns of the Parties to all or any portion of the Property, and shall run with and burden and benefit the Property, and all portions thereof. 11.13 Notices. All Notices between the Parties pursuant to this Agreement shall be in writing and shall be given by personal delivery (including Federal Express or other similar commercial overnight delivery services providing acknowledgments of receipt), by U.S. Postal Service registered mail, or by telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (i) For personal delivery, upon actual receipt; (ii) For U.S. Postal Service registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and (iii) For telegram, upon the transmission of the telegram. Notices shall be addressed as follows: To the City: City Clerk/City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Owner: William Lyon Homes, Inc. 4090 Von Karman Avenue Newport Beach, CA 92660 Attention: Tom Grable and John C. Condas, Esq. Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman Avenue, Suite 1800 Irvine, CA 92612 The addresses to which Notices shall be sent may be changed by giving written notice of change of address in the manner set forth above. 11.14 Recording. The City Clerk shall cause a copy of the Agreement to be recorded with the Office of the County Recorder of Orange County, California within ten (10) days following the Effective Date. - 14- 11.15 Effective Date. This Agreement shall not take effect and no rights or obligations contained herein shall vest or inure to the benefit of any Party hereto until the Effective Date of the ordinance specified in Section 1.7 of this Agreement pursuant to Government Code Section 65867.5 and the completion of any referendum process initiated thereunder. [Signature page follows] - 15- This Agreement has been executed by the Parties as of the date set forth next to their respective signatures. CITY OF SAN JUAN CAPISTRANO, a municipal corporation By: JOE SOTO, MAYOR ATTEST: MARGARET MONAHAN, CITY CLERK Approved as form: JOHN SHAW, CITY ATTORNEY "OWNER" By: on behalf of William Lyon Homes, Inc. [Signatures To Be Notarized by Public Notary] DEVELOPMENT AGREEMENT EXHIBIT A (Legal Description of Property) LOTS 1 - 119, "A"- 7" & "AA"- "QQ" OF TRACT 16221, RECORDED OCTOBER 14, 2004 IN BOOK 861 PAGES 6 THRU 20 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY OF ORANGE, CALIFORNIA. � J SHEET I W M6 SHEETS TRACT NO. 1622180 in0"X01'M AKA' Ie 9I " was 9u5r a (ft IW KI(Y la a(,`S ID Iss111 /N THE Ll7Y Of SAN JUAN CAPISIRANO, GK LCIILIEDfors 15 COUNTY OF ORANGE. STATE 0! CALIFORNIA nK SEE, BEING A SUBDIVISION OF PARCELS A THROUGH II OF THAT CERTAIN CERTIFICATE OF COMPLIANCE 11eMUEHr/ RECORDED MARCH 10, 1000 AS INSTRUMENT N0. 10000111689, TOGETHER WITH PARCEL 1 07 TIME PNx CERTAIN LOT LINE ADJUSTMENT NO. 01-103111-01 RECORDED IOEY 6. 1001 AS INSTRUMENT NO. 1001098695, BOTH OF OTFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID cSN".CAL y N"¢A% m ORANGE COUNTY. By GREGORY A. NC(MCR, I.S. SISI RwOAA 0!SURVEY, AUGUST 1003 IXTUry OWNCRSNIP CERN!/[ATC K. M 1!6x5/!410,YIIL Kt aMllrs/AV/rE ANI ACOA llI INTERS!lx M Luo mKKO vy^•V'�SURVCIOR'S STA7CNENi' BY MIS MV,m KA9Y 6YMA IO TAY TAM I/w REO Ar'I"Cl MID IW K914I/M/N Ix15 MV`WAS IMAMED MY ME wLM'R 11 OI(ECl/w u0 IS F40 YM A 11110 SRKr Ix IK OISIIKIIK ANTI',I/K AM K K fV,=1.1110 M..rw 1.,R.96E5 xupq OXF%MANW IIIN IK KWIKKNIS 0"IN A /V W MV ACT ANT LCIAL W/AAME II IK VfEA FM0 ND WWOJ MDA0, WIXESr 6 WILLIAM LYDM WV.WI 1N N r,Xµ1 l KMBY SIA!(MIr ALL 144ENIS AMW K KW KMOY G(o1G1C 10 IK CITY CE SW.UAN GPISIflVD 11 IK.,TDA, IK rya/!IPS lN,S A °,w MAI MI MILE MW YI lx STN N611/OS Mq MA/y10 KNI[MS AS AF11C/FNI IO IXH(/K AMTI ID S.SIMZO AGYMMS TER/ADKSE EGRESS AW Rd/L UTILITY RM REL S,Al 9GN w 910 GYP l KREBY STATE 1µI M/5 FINAL NIP SflSIAV114LY 14ywf6 10 M ODIIILMALY MAIXi TD T(MAIIK NV B GYMMS rw.1 YMIII IA6ff5S u0 EGYSS, Y 1 IbI pJE3I 11.SIIC MICA SYSTEM AID ARMLMµLQS A10 SWIIAMY¢TEM g4Jp5CS oAR All M IVITE SIKrs I° E99N w SAID 1W. 4 C LISG[Ms RP P. "1rLHA". MADfl�i Li s.AS 9 w 911 To 0.GYKM ELM 1x1111,SI.WI.CNINY%R S,AS 51(X1.SAID NV w£fdLI I KLKx,L S SISI �XEZWI In LlaA4 rIDlKS .REE U,EVI r aMCIWL NAV-rMlblK EAsrKMs(w IMNss.Et]Ess NO WhNLsrIUNFsrIC tM u KCI ITS.uD VMVA IM'4S AwYE Aro.(N GM1g4O IM IOIA4 IIW MRWII L RA 1.AS 9MV w FID NM. I. CA.M FYU.Y AKx PL995E.As srow w.1D MP COUNTY SURVEYORS STATEMENT 1.1 SIAIE.1/.I CYAMIKO MISNVAIDNIK.INTIREL WWIIG M9Y/SIpS6 C IK WA TER WICN51MLLLCO WIIN/N IK DIS71WTIW B?Mx I IK ST THIS IMCT. /K96/VISIwMAP KI PAW MEN CAJUN 11."I AM FrlffICD MID YV IS aONICALLI [SNTc/w A,tw To M MICr MA^&TIDAVY a IED MIS_ Mra . ASI K GID m KKBY..A.!NIT Sr I.m1CK0 BY ITIS WP 111...A YEMY NIDI filfl5 rlq NIM®AREA pC 11 111..CXIRiq 1X11.1.11.9W(MLN MIM IK(AM LM IL ( b2'W1H,DW A OXNIJI,Y 9RKYw.L 5 K6 A LCI(M/.IIW l5 MLLE BI M M M (IRF'""INNI MFEW"/5 Nl LO DES LWIN IED A CXPfflAY1fID MIMI 11.IME WAx LSA. W iW MMY mG.¢MD Mt NKY/ISN IO ,I C11r C,SAN Aur CAPISMAAI NL KII01CLA4ACITY ENGINEERS STATEMENT Ab aQSTATAN ASESS R1w15 IS A.VILA AM III AI STMT I VT11I/GKID A .AVT NQR mIMS1 KIERV STATE WE/NIVC EXNIIKO WS NW KD MK 1CLNI IT N ME 9AAIMNINLY M OWN(R LWWW X I1M OL IwII IIW,Yl^. 11 W.I.,, AS 11110 I"...IK/60 YD L✓MpSO BY M CI IT KAW/M CCWIA/pf MMI REI MO//51M 6 IK A®I V)SIW AMP ACT ND CITY WILLIAM LYON HOMES, INC. sAn/vlvW 9ruulWs MK HW caa/m I/MND IK Nw IS RPxI wt l m ll.REL ArK I.TA G7W%MLnw a CYS roI 1.EYD Io Rr M.1..M MEED MIs_ N Er .Xp. MINI NMF' /PIM MK' ININ!I'ILE 4.1111, RENEFICMPY WELL'..M Ilex A.I1 111.(EnlR3¢CCMIa Jr.ASI) BANK ONE, NA, cm rwrKrx W M CITY D,SAr.AMI LAP". A MAN.BVNIAG IAI. ffK11ClAGY LAMENT TEED DF.1 KCVCCO AS/NSIRgEI M CITY CLERKS CERT!!/CArE� D"p"r/C14 MCR95. SIAM T CAL rZ1A BY, BY I',,DE SAN JLY/S IMIq 55 MINI N/IIDEE M/Mr E Cd MY DE O M l K.fl"9Y((X111,1X11 INISWP MS NEYME°Iw MYMNN I°IK C111.1 1 LE M CITY TRUSI[E w SW J/4/C.ISrMAO AT I MDL.KCII.MAF15'TOD W M_MAY OF .M ND IMI IKKOW MID""C"0/0,o,AM(MGP mr PASA°ND FIRST AMERICAN TITLE INSURANCE COMPANY, ENIEWED, AAMVIF...I Aro DID.1..16 M uIC Ra En To MPAIEKmr,, A GI/rIXN1A CGBpLIIW DE.1.11.IDM SIgCI 0.96 E5 .VIE.O.Aro uN1C0/p10. 141511(O(EM LEEO O"Ixal MCtMdm IPTARF A.1m!AS INSIRJENT A0, Xg1.y 1353!41.Q DTIC/4 M1[LOIDS ND DID 40 KYIPI W HlM(1 D'IK[III(!9,AMM W)SIMYT A. IK(AAKNIS Iw INRSS,EDWSS AM 0.&!C UI)LIIY XM'LYS AS LEDI(AY0 dl. BI B /K G SII[Tw(4/41[1 ND RHIN ffIXRI IY llkiY SS AM!DAR, IR/Nr Nf1E' MEM IMI(' T. SMAI.11 SII[WA YS. SYS ICY REN 441(X4,25'AN)SWII.v ffKP IWY$S MIxI I1ILC MIM II ILC Mw REL RiIVELA 519[15,... C M GYIEMS M X16/C S.MA.W IN/L g ,AS 20/G Em. 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I6TSrJ .WHKa L02 r19 ! ® 9e6ACL lA RW/15 IC1lIX ® 1(A ft10116 LC61N mr[m0 mrs a IN THE OF OF SAN JUAN F C CALIFORNIA — ------- P.r COUNTY OF ORANGC, STAY OF lORNr e9're'u' n.9' n.fifi' ro sa'n'e" mr.0/" rn m' T IJ'r x AL m' M.%' m ."1'22 ]N.OY r9]A' 213 0 1-M:V- II9.W' ID11' ]I W .", TNOr' R.JI' GREGORY A NELNER, L.S. 5154 OArE O<SURVEY:AUGUST, 1005 1 ]r'v'W' a.W' r2]r' 21 ue"m'm'r Iwo! Vo p'm'zz' m' S9.11: }J Is'IJ"d" 19.W' IJ.01' fi e5.m' M6,11: 21 W'le'11 19W' Ib' ] _ } 1}'J9'J: IVO.W' B0 BJ' $ 01'S1'I]' 119.W' ,.q' JIo \ \ 0 1!'22'9' 1W.W' 95.re' u'zrm- zm.W" a.rs' n aw'm" \ �\ ro m'zr'm- 1e.W' n.ss' m a's9'%- rro.W' ss66' 8 Ml M 12 7-M1W' (W) 2WW' u2s' ^�, ayi /JbAI- 'SfF I] 07-M 13T Ia0) 1.W' J, 1.31M" J6.m" m'zr'D- 9m" n.m' L .'WMtl'9'%t � •dip v xrrm%T IRM!' 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M IN9•W'Y I 19.1' 19 (App$y 140 72.W' IJ.)9' �`I �.�� •\!?I x ro W'W'N" i) )r"n'ST r]Jm' B]v' \ r�unM Ac- as q] sFF / \ro"<..yr rr `� •zJn.m',.IW ss' �lnoY.c.c. lel �I� _\°_999Dr 1 MT_ (AWR / ] lM>.a"i r YF \ _S: S6FF) nv]�11 m /4 M1�fA C resp' > py ¢y"n.l !x,117-W.W_�j /–X_{�♦ s�rpt RS \ j �.b'?\ �1"r�\ rea•o]41'1 lE NY1'1I'I7T ]W'42 45" / / 6 R^u>'/ ��• I O\ °@hI yi rs' t� \�iuol'�Wr �O�]� .... // \RbMA `� AG_I/ N% \ r.'SB'NT '( /PAv,y im. ]ar j sl y� �'t�® .w1•o]'m r\`m,k/ r�!awl lwa7✓R c�i _ — JN� � P'.n IS/p��pd A�� \ ��'�' \�y.Rc. ® �� '/: _ v 3 Y ll•u'rs'r� �.R Ax rm 511/ x]Je TRAIL EASEMENT DETAIL l l L- — — — — — — — — — — — — — — — — — — — — -- RESOLUTION NO. 03-06-03-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND HILLSIDE MANAGEMENTAPPLICATION FORTHE DEVELOPMENT OF 124 SINGLE-FAMILY.DETACHED HOME LOTS ON AN EXISTING 78.6 ACRE PARCEL LOCATED ALONG THE EAST SIDE OF RANCHO VIEJO ROAD NORTH OF ORTEGA HIGHWAY (ASSESSOR'S PARCEL NUMBERS 650-141-01, 04, & 14; 650-152-09; 650-552-03, 04, 06, & 07)(HONEYMAN RANCH-WILLIAM LYON HOMES, INC.)(TTM 16221, HM 01-02) Whereas, the ' lafit Lyon Company requests approval of planning entitlements for an existing 7W acre site located along the east side of Rancho Viejo Rd. north of Ortega Highw y to develop one-hundred and twenty-four (124) single-family detached home lots. The proposed zone change application would change the zoning district designation from "HR" (Hillside Residential) to"PC" (Planned Community)and establish a Comprehensive Development Plan(CDP)forthe property. The property is General Plan- designated 'VLD" (Very Low Density Residential 0-1.0 du/ac), "LD" (Low Density Residential 1.0-2.0 du/ac),"MLD." (Medium Low Density Residential 2.0-3.5 du/ac), "MD" (Medium Density Residential 3.5-5.0 du/ac), and a General Plan-designated 'major ridgeline" bisects a portion of the site; and, Whereas,the proposed project has been processed pursuant to Section 9-2.345, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuantto Section 15081 of those Guidelines;has issued the Notice of Preparation(NOP)pursuant to Section 15082 of those guidelines,has overseen the preparation of the Draft Environmental Impact Report (DEIR) prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and all mitigation measures will be included in the final approving resolution as conditions of approval; and, Whereas, the Cultural Heritage Commission conducted a duly-noticed public meeting on Tuesday, November 26, 2002 pursuant to the provisions of Administrative Policy 409, and Planning Department Policy 510 to consider public testimony and recommended conditional approval of the proposed project including relocation of the Arley Leck House; and, Whereas, the Parks, Recreation, & Equestrian Commission conducted a duly- noticed public meeting on Monday,November 18,2002 and December 16,2002 pursuant to the provisions of Administrative Policy 409, and Planning Department Policy 510 to -1- ATTACHMENT 2 review the proposed project and consider public testimony,and recommended conditional approval of the proposed project; and, Whereas,the Transportation Commission conducted a duly-noticed public meeting on Wednesday, December 11, 2002 and Wednesday, January 8; 2003 pursuant to the provisions of Administrative Policy 409,and Planning Department Policy 510 to review the proposed project and consider public testimony,and recommended denial of the proposed project; and, Whereas, the Design Review Committee conducted public meetings on February 20 and March 20, 2003 to review the proposed project and consider public testimony, recommended approval of the proposed architectural and landscape concept, and forwarded the Committee's comments on broader site planning issues to the Planning Commission for consideration; and, Whereas, the Planning Commission conducted duly-noticed public hearings on March 11, and April 8, 2003 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code, Administrative Policy 409, and Planning Department Policy 510 to consider public testimony. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed project is consistent with the policies and objectives of the.General Plan Land Use Element because the project will result in the development of residential land uses and structures consistent with the density limits established by the Land Use Element designations and the City's slope density policy; and, 2. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for improving Rancho Viejo Road consistent with the "Master Plan of Streets and Highways (MPSH)"; and, 3. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for providing emergency vehicle access to that neighborhood; and, 4. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for providing alternative access to the Ortega Highway neighborhood thereby improving general traffic safety by reducing subdivision street traffic on Ortega Highway; and, 5. The proposed project is consistent with Title 8, Article 13 of the Municipal Code which establishes design standards for gate-guarded neighborhoods subjectto the conditions of approval contained herein; and, -2- 6. The proposed project is consistent with the policies and objectives of the General Plan Circulation Element because the project includes provisions for establishing trails and recommended conditions of approval would provide for feeder trails to existing residential neighborhoods which would result in transportation alternatives; and, 7. The proposed project is consistent with the policies and objectives of the General Plan Conservation and Open Space Element because the project includes provisions for establishing the "Belford-Marbella Trail"through the proposed tract; and, 8. The proposed project is consistent with the policies and objectives of the General Plan Parks&Recreation Element because the project is not designated for public land dedication and does not propose public parkland dedication. The conditions of approval herein include provisions for payment of park in-lieu fees; and, 9. The proposed project is consistent with Section 9-4.106, Bicycle and equestrian trails because conditions of approval incorporate the required trail design standards; and, 10. The proposed project is consistent with Article 9-4.3,Parkland Land Requirements because conditions of approval require payment of in-lieu fees consistent with the methodology established by these provisions. 11. The proposed project will be consistent with the General Plan Cultural Resources Element because preservation of the Arley Lack House is consistent with CuNral Resources Goat 1 which states that the City will "preserve and protect historical, archaeological, and paleontological resources." 12. The proposed project will be consistent with the General Plan Cultural Resources Element preservation on-site, or through relocation of the Arley Lack House is consistent with Policy 1.1 which states that the City will 'balance the benefits of development with the project's potential impacts to existing cultural resources"and Policy 1.2 which states that the City will 'identify, designate, and protect buildings and sites of historic importance." NOW,THEREFORE,BE IT FURTHER RESOLVED,thatthe City Council of the City of San Juan Capistrano hereby approves the project subject to the following conditions of approval: Parkg &Recreation Commission conditions of approval (note: trail imnrovemenfs- related conditions are included in the Engineering&Building conditions ofapprovan P-1. Prior to the City releasing any final map for recordation, the project shall pay the applicable park in-lieu fees consistent with the provisions of Article 9-4, Park Land -3- Requirements of Title 9, Land Use Code(i.e., 126 lotsluniits x 3.2 residents per unit x 5 acres/1000 residents x$725,000/acre= $1,461,600). Planning Department conditions of approval L-1 Prior to final map approval, the project shall secure approval of a preliminary site plan to relocate and rehabilitate the Arley Lack House off-site (note:relocation of the Arley Leck House to the Los Rios"SP"Specific Plan area requires approval of a Site Plan Review and Landmark Alteration application by the Cultural Heritage Commission and the Planning Commission).In conjunction with grading operations, the project shall relocate the Lack House to the approved off-site location. L-2 The project shall install an electronic-operated gate located along the existing private access easement that provides the "Ortega Highway Neighborhood" with access via Ortega Highway.The gate shall be controlled through a proprietary card reader system which shall be managed by the Honeyman Ranch Homeowners Association property management company. The conditions, covenants, and restrictions shall include a provision restricting the Issuance of gate cards for the Ortega Neighborhood gate to the seven(7)Ortega property owners only and shall prohibit issuance to all Honeyman Ranch residents.The final location and specific design of the gate shall be subject to the review and approval of the City Engineer or his designee. The gate shall be installed and operational concurrently with the opening and availability of Street"G"access to the neighborhood While it is the City's intent that the gate be used primarily for the purpose of emergency and service access only to the Ortega Highway Neighborhood,the City recognizes that the Ortega Highway Neighborhood property owners retain the right to use the gate for general access purposes. The project shall establish appropriate provisions and legal documentation for maintenance of the gate by the Honeyman Ranch homeowner's association in a manner acceptable to the City Attorney or his designee. The gate shall be maintained closed at all times to prevent access by any party other than Ortega Highway Neighborhood property owners. L-3 Prior to or with the submission of the first final subdivision map, the project will prepare and submit a preliminary design plan for the Rancho Viejo Road Corridor which includes the proposed location and design of the following elements: gate- guarded (including paving, control boxes, project identification sign, gates, etc.), street and slope landscaping, privacy walls, retaining wails, utility vaults and which shall be subject to review and approval by the Design Review Committee for consistency with the approved conceptual plan and design guidelines. Prior to approval of the first final subdivision map, the project shall submit final improvement plans for the Rancho Viejo Road corridor which shall be subject to -4 review and approval by the Planning Director or his designee. Lots along Rancho Viejo Road shall be developed with a combination of one and two-story residences. Prior to approval of the first final subdivision map,the project shall submit model home architectural plans, and a materials and color board which shall be subject to Design Review Committee (DRC) review and approval. I L-4 Prior to issuance of building permits,the project will prepare and submit preliminary site plans for proposed Lots 118-123 which shall be subject to Planning Director review and approval for compliance with the City's Conservation and Open Space Element and specifically, hillside development guidelines. The Planning Director may refer such plans to the Planning Commission for review and action. L-5 The Design Guidelines shall be revised to require that the landscape plan incorporate a native plant palette for those manufactured slopes directly adjoining undisturbed areas subject to the review and approval of the Design Review Committee. L-6 Prior to approval of any final map, the project shall record a legal instrument providing for the relocation (vacation and dedication) of the private access easement which presently serves the Maddy and Bill Waters property located at 31050 Avenida Los Cerritos (650-552-05). A certified copy of the recorded instrument shall be provided to the City. Otherwise,the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9- 2.3.03(a)(9)of Title 9, Land Use Code. Otherwise,the modified tentative tract map shall be subject to Pianning Commission review and City Council approval. L-7 Prior to approval of any final map, the project shall record a legal instrument providing for the necessary vacation and dedication of private access easements which presently serve properties along Woods Lane. A certified copy of the recorded instrument shall be provided to the City. Otherwise, the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9-2.3.03(a)(9) of Title 9, Land Use Code. Otherwise, the modified tentative tract map shall be subject to Planning Commission review and City Council approval. L-8 Prior to approval of any final map, the project shall record a legal instrument providing forthe necessary vacation and/or dedication of private access easements for the Ortega Highway neighborhood which are necessary to implement proposed Street"J". A certified copy of the recorded instrument shall be provided to the City. Otherwise, the project shall prepare and submit a modified tentative tract map for City review and approval. The Planning Director may approve the modified tentative tract map pursuant to Section 9-2.3.03(a)(9)of Title 9, Land Use Code. Otherwise, the modified tentative tract map shall be subject to Planning Commission review -5- and City Council approval. Should the project pursue an alternative tract map design which eliminates access for the Ortega neighborhood via Streets'G'and"J; "the requirement for modifications to the private access easements shall become null and void. L-9 Prior to approval of any final tract map, the project shall submit preliminary design plans for the gate-guarded entrance including all signage, hardscape and landscaping,which shall be subject to review and approval by the Design Review Committee, The proposed gate-guarded entrance shall be n:-designed to align with the existing centerline of the Avenida los Cerritos intersection subject to the review and approval of the City Engineer or his designee. L-10 Adequate space shall be accommodated for on-site source separation of solid waste during both pre-construction and post-construction activity. Also,all building site plans shall provide an area for recycling space allocation as required by Land Use Code Section 9-3.629. Prior to the issuance of grading permits,the applicant shall submit a written waste management plan and site plan depicting the location of solid waste receptacle(s) to accumulate on-site generated solid waste for recycling purposes. Prior to issuance of the final Certificate of Occupancy, the applicant shall submit solid waste generation, disposal, and recycling records. L-11 Prior to final map approval,the improvements plans shall provide for development of passive, "west pocket parks throughout the proposed project.The number and location of passive, "vest pocket" parks shall be as indicated on the approved tentative tract map. The*vest pocket'parks shall provide passive open space and may include benches,paths,ornamental landscaping and similar improvements,but shall not include any active recreation facilities.The final map landscape plans shall include a landscape palette which incorporates an orange grove element. Engineering & Building conditions of approval THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FIRST FINAL MAP OR EACH FINAL MAP BY THE CITY COUNCIL: 1.1. Street and Development Names. Prior to approval of each final map within the boundaries of this Tentative Tract Map, the applicant shall submit to the City's Planing Director for review, and shall obtain approval for, the name of the development or developments and the names of all proposed streets within the tentative tract's boundaries. All approved street names shall be indicated on the Final Map. (Ping. & Engr.) 1.2. Compliance with Map Act and Municipal Code. Prior to approval of each final map, the tract map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code,except as authorized by the City Council and/or Planning Commission.The -6- attention of the applicant and his engineer are directed to Section 9-2.3 and 94 of the Municipal Code. (Engr.) 1.3. Payment of Fees and Posting of Sureties. Prior to approval of each final map the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Codes, as last revised, the Capistrano Valley Water District Schedules of Rates and Charges, as last revised, and post securities to insure satisfaction performance of proposed on-site and off-site improvements,including but not limited to,grading,drainage,landscape and irrigation,erosion and sediment control, sewer,water, street,traffic circulation and all appurtenant improvements. (Engr.) 1.4. Storm Runoff,Hydraulic/hydrology Calculations.Prior to approval of each final map or issuance of any grading permit,whichever occurs first,the applicant shall submit to the City Engineer for review, and shall obtain approval for, a Storm Runoff Management Plan prepared by a Registered Civil Engineer. The Runoff Management Plan shall show existing and proposed facilities, shall provide for acceptance of historic drainage from adjacent upstream properties, shall show hydraulic and hydrology studies and calculations and the methods of draining on- site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system.Said study shall be consistent with the Citys Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Facilities & Resources F Department (PF&RD)design criteria, and standards. (Engr.) 1.5. Soils/Geoloay. Prior to approval of each final map or grading permit, whichever occurs first,the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval for, a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soils Engineer to determine the seismic safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. (Engr.) 1.6. Wastewater Study. Prior to first final map approval,the applicant shall submit to the City Engineer for review, and shall obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (Engr.) 1.7. Grading Plans. Prior to approval of the first final map or issuance of any grading permit,whichever occurs first,the applicant shall submit to the Planning Director for City review and approval, Mass Grading Plans for the entire project site. Prior to grading permit issuance, City staff shall prepare a grading impact assessment and 7- impose appropriate conditions of approval on the grading permit consistentwith City Council Policy 422, Standards for Grading Projects to Minimize Impacts. Such grading plans shall be in substantial conformance with the grading concept shown on the approved tentative map and consistent with the requirements of the Comprehensive Development Plan and that all graded slopes throughout the project are blended into the natural terrain. Following City approval of the mass grading plans, and prior to approval of each final map, the applicant shall submit to the City Engineer and Building Official for their review, and shall obtain approval for, final grading plans prepared by a Registered Civil Engineer consistent with the approved mass grading plan.These plans shall demonstrate that all existing overhead power poles within the project property and along its frontage with Rancho Viejo Road will be undergrounded.The plans shall also show,at minimum,the limits of grading,the removal of all overhead utility poles, vacation of corresponding easements and the exact location of proposed underground utilities as approved by the utility agency.Additionally,the plans shall also show the drainage improvement, the private retention/detention basin,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. A minimum of two feet, measured horizontally shall be maintained between the toe of slopes and the back of sidewalk. The elevations shall correspond with the Orange County benchmark datum. All drainage must be properly conveyed to City approved drainage facilities in accordance with the requirements of the California Regional Water Quality Control Board,San Diego Region. Runoff from Lot"H"shall .be intercepted and conveyed onto a drainage system to minimize impact on down- stream adjoining properties.All grading plans shall be subject to review by a third- party Geotechnical consultant retained bythe Cityto ensure adequate Geotechnical stability to the satisfaction of the City Engineer. Any exception shall be subject to review and approval by the City Engineer(Ping. & Engr.) 1.8. Drainage Barrier Between Slopes and Streets. Prior to approval of each final map or issuance of any grading permit, whichever occurs first, 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's cost, in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (Engr.) 1.9. Water Quality/National Pollutant Discharge Elimination System (NPDFS). Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of five or more acres of land, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stornwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent(NOI) submitted to the State Water Resources Control Board and a copy -8- of the subsequent notification of the issuance of a Waste Discharge Identification (W DI)Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan(SW PPP).A copy of the current SW PPP shall be kept at the project site and be available for City review on request. Prior to issuance of any grading and/or right-0f--way improvement perrnits, the applicant shall submit to the City Engineer and Building Official for their review,and shall obtain approval for,Erosion/Sediment Control Plans and programs,prepared by a Registered Civil Engineer,for the regulation and control of pollutant run-off by using Best Management Practices (BMP's). These plans 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 shall demonstrate to the satisfaction of the City Engineer and Building Official that all water quality best management practices incorporated into the development of this land subdivision shall be designed in accordance with the NPDES standards, and the requirements of Sections F:1.b(2xb)and F.I.b(2xc)of the San Diego Regional Water Quality Control Board Order No. R9-2002-0001 and the Citys water quality ordinance and Local Implementation Plan. Prior to the issuance of any grading or building permits and/or prior to recordation upon subdivision of land, the applicant shall submit to the City for review and approval a Water Quality Management Plan (WQMP)that: • Addresses Site Design BMP's such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas • Incorporates the applicable Routine Source Control BMPs as defined in the DAMP • Incorporates Treatment Control BMPs as defined in the DAMP • Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs, • Identifies the entity that will be responsible for long-tens operation and maintenance of the Treatment Control BMPS, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Prior to grading or building permit Gose-out and/or the issuance of a certificate of use or a certificate of occupancy,the applicant shall: -9- • Demonstrate thatall structural best management practices(BMPs)described in the projects WQMP have been constructed and installed in conformance with approved plans and specifications, • Demonstrate that applicant is prepared to implement all non-structural BMPs described in the projects WQMP, • _ Demonstrate that an adequate number of copses of the projects approved WQMP are available onsite, • Submit for review and approval by the City an Operations and Maintenance (-&M)Plan for all structural BMPs. Any deviation from above requirements shall be subject to City Engineer review and approval. (Engr.) 1.10. Erosion Landscape & Irrigation Plans. Prior to approval of each final map or issuance of any grading permit,whichever occurs first,the applicant shall submit to the City Engineer for review,and shall obtain approval for,landscape and irrigation plans prepared by a Landscape Architect.Said plans shall specify that all plants be drought tolerant and have low fertilizer requirements. The plans shall also specify that all irrigation be controlled to minimize runoff.(Engr.) 1.11. Drainage Improvement Plans. Prior to approval of each final map or issuance of any grading permit, whichever occurs first, the applicant shall submit to the City Engineer for review, and shall obtain approval for, Drainage Improvement Plans 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 an engineered secondary overflow devices.A secondary overflow shall be also provided for storm drain systems designed with sump conditions to preclude flooding of adjoining private an public 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. All drainage must be properly conveyed to a City approved drainage facility.If an existing downstream drainage facility is inadequate, or in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the anticipated discharge generated by this project, the applicant shall then, at applicant cost, design and implement alternative methods of improvement to properly convey such cumulative discharge, free of debris,in a manner acceptable to the City Engineer.Any deviation from such requirements shall be subject to City Engineer review and approval.Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (Engr.) -10- 1.12 Public Facility Easement in Lettered Lot Maintained by HOA. Prior to approval of each final map, the applicant shall demonstrate to the satisfaction of the City Engineer that public facilities, such as drainage,sewer and water, are designed to be located within the right-of-way. Any deviation shall require prior authorization from the City Engineer.If facilities are proposed in easements,said easements shall be placid_ in lettered lots and their surfaces shall be maintained by the --Homeowner's Association. Any exception shall be subject to review and approval by the City Engineer. (Engr.) 1.13 Connection to Public Drains must be Documented and Filed. Prior to approval of each final map, the applicant shall demonstrate to the satisfaction of the City Engineer that any proposed connections to existing public drainage system,from on-site drains, must be approved by the City Engineer. (Engr.) 1.14 Dry Utilities (Electric. Telephone. Cable TV. Gas) Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, Electrical, Gas,Telephone and Cable Television installation plans to ensure compatibility with existing and proposed improvements. All utility facilities shall be underground.Vaults,transformers,juncture boxes,or any similar devices shall not be permitted above ground.Any proposal for above-ground utilities shall be subject to City Engineer review and approval. (Engr.) 1.15 Sewer and Water Plans. Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, sewer and water plans prepared by a Registered Civil Engineer.These plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City standards, specifications and codes, and the Capistrano Valley Water District. The sewer plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicants cost to the satisfaction of the City Engineer(Engr.) 1 16 Street Improvement Plans. Prior to approval of each final map, the applicant shall submit to the City Engineer for review, and shall obtain approval for, 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, side walk, curb & gutter, handicapped ramp, striping, signage, signalization,storm drain, subdrain barrier interceptor,sewer,water and all related appurtenances. Any encroachment into adjacent properties shall require applicant to provide, in writing, all necessary recorded easement documentation and authorization. The street improvement plans shall conform to the City Standards and to the following requirements. a. Street Widths Measurement. Street widths with standard curb i£gutter are measured form curb face to curb face. Street widths with rolled curb are measured form flow line to flow line. -11- b. Catch Basins and Gutters.For street sections with grades less than or equal to five percent, the maximum distance between catch basins shall not exceed one 1000 feet. For streets sections with grades greater than five percent,the maximum distance between catch basins shall not exceed 750 feet.Catch basins shall be located so that there is no drivewaywithin 20 feet upstream of the catch basin and such that the catch basin will function as intended. Cross gutters shall not be allowed at street intersections if a storm drain is within 300 feet. C. Sidewalks, Sidewalks shall be constructed on both sides of the main spine street but shall not be required along any residential cul-de-sac. Along cul- de-sac streets, the project shall design and install a grassy swale, in compliance with NPDES clean water requirements. d. No Obstructions in Sidewalks. In compliance with the American with Disabilities Act (ADA) requirements, there shall be no obstruction in any sidewalk or parkway which reduces the width to less than four feet. e. Potential Gated Entries. Streets that may serve as potential gated entries shall be designed in accordance with Municipal Codes 8-13.101 at seq. to accommodate such improvements in conformance with City standards. There shall be a minimum of two lanes at the call box, entering into the project,with a minimum width of 14 feet each.There shall be a minimum of two lanes at the call box,exiting the project,a combined left-tum and through lane, and a right-tum lane. The tum-around radius shall be a minimum 30 feet.A minimum of 100 feet shall be provided between the projection of the cross-street curb face and the proposed call box. f. Street Lights. Street lights shall be provided, with Mission Bell fixtures on marbelite poles. g. Decorative pavement Noise.The applicant shall use decorative paverswhich shall be "non-raised" so as to prevent pavement noise impacts and control vehicular tire noise. Pavement treatment shall be subject to the review and approval of the City Engineer. h. Ganado Road Connection to Street"F".The subject street connection shall be designed, constructed, and maintained so as to provide emergency access only between the proposed project and the Ganado-Galano neighborhood. L Rancho Viejo Road Improvement and Widening. the applicant shall submit to the City Engineerfor review,and shall obtain approval for,separate street improvement plans for Rancho Viejo Road, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed right-of-way, _12- street improvements and widening to a secondary arterial standard including but not limited to the provision of a north-bound right tum deceleration lane and a south-bound left tum lane, concrete side walk, bicycle path, curb & gutter, handicapped ramp, equestrian trail, striping, signage, signalization, storm drain, subdrain barrier interceptor, sewer, water and all related appurtenances. The street improvement plans shall conform to the City Standards and requirements. Any exception or deviation from the above requirements shall be subject to review and approval by the City Engineer(Engr.) 1.17 Traffic Improvement Plans. Prior to approval of the first final map, the applicant shall submit to the City Engineer, for review, and shall obtain approval of, traffic improvement plans prepared by a Registered Traffic Engineer. These plans shall show the striping, signage, signalization and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work.Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (Engr.) 1.18 Tentative Map Compliance and Closure Calculations.Priorto approval of each final map, the applicant 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 Engineer. (Engr.) 1.19 Homeowners Association-Maintained Improvements.Priorto approval of eachfinal map;the applicant shall indicate on the final map that all improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, lettered lots, graded slopes, landscaping, and irrigation facilities Within the interior of this subdivision, designated as private,shall be maintained by the master association and/or sub-association or shall make other provisions for maintenance to be approved by the City. (Engr.) 1.20 Dedications and Maintenance Responsibility. Prior to approval of each final map, the applicant 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. (Engr.) 1.21 Public Land Dedications. The applicant shall dedicate, at no cost to the City,and indicate on the Final Map, the ultimate right-of-way for Rancho Viejo Road in accordance with the Master Plan of Arterial Highways which shall also accommodate a thirteen foot (13'-0") wide deceleration lane designed to City Standards and per City-approved plans (Engr.). -13- 1.22 Access Release. Prior to first final map approval, the applicant shall release and relinquish to the City, on the Final Map, all vehicular access rights to Rancho Viejo Road except at street intersections and City approved driveway locations. (Engr.). 1.23 Trail and Bikeway Dedications. Prior to approval of the applicable final map(s),the applicant shall dedicate the required trail and bikeway easements on the final map or maps. Any deviation to the trail requirements shall be subject to review and approval by the City Engineer. The applicant shall construct all bikeway and trail improvements, at no cost to the City, in accordance with the applicable City Standards and the Equesbian/Hiking Trail Design Manual or to the satisfaction of the City Engineer. Trails are to be fenced and motorcycle barriers provided wherever vehicular access is possible. Sureties shall be provided for 100%of the construction cost of the trails and bikeway. Trail and bikeway grades shall not exceed 8% except at street crossings where they shall not exceed 5%. Prior to approval of the first final map, the developer shall provide evidence of SDG&E approval of the proposed trail and private street improvement plans located. within the existing SDG&E easement,and any corresponding public trail easements to be conveyed to the City. Belford-Marbella General Plan Trail: Prior to approval of the applicable final map(s), the applicant shall submit improvement plans forthe proposed Belford-Marbella Trail. Said trail,within Lots N, G and J of Tentative Tract 16221,shall be graded to connect to the existing trails within Lots 55 and 56 of Tract 9382 and Lot D of Tract 12954. Said trail shall be improved to a 20'width, except within cross-slope areas exceeding 15% wherein the trail.shall be designed to a 10' width. However, all General Plan trail easements shall be 20'wide and dedicated on the applicable final map to the City. Prior to grading plan or final map approval,the proposed alignment within Lot J. shall be staked in the field and reviewed and approved by the City Engineer. The type of paving at street crossings shall be reviewed and approved by the City Engineer. Prior to approval of the applicable final map(s),the applicant shall provide surety for construction of the Belford-Marbella Trail. Said trail shall be graded during the mass grading of the site. Within two years of issuance of the first building permit or prior to issuance of the final occupancy permit for Lots 76-87, whichever occurs first, the applicant shall complete construction of the entire "Belford-Marbella" Trail improvements. If deemed necessaryby the City Engineer,improvements at the two street crossings may be postponed until the street improvements are installed. Woods Lane Feeder Trail: Priorto applicable final map approval,the applicant shall submit improvement plans for the Woods Lane Feeder Trail,connecting the Woods Lane neighborhood to the Marbella-Belford General Plan Trail. The trail shall extend from Lot M, though Lot J of Tentative Tract Map 16221, connecting to the -14- Marbella-Belford General Plan Trail. The feeder trail shall be 10' in width,within a 10'wide easement, dedicated on the Final Map to the City. Rancho Vieio Road Feeder Trail: Prior to applicable final map approval, the applicant shall submit improvement plans for the Rancho Viejo Road Feeder Trail; within Lots A and M of Tentative Tract 16221, extending from Ganado Road, north to the Woods Lane Feeder Trail. The feeder trail shall be incorporated within the 13'-0" multi-purpose trail easement. Ortega Neighborhood Feeder Trail: Prior to applicable final map approval, the applicant shall submit improvement plans forthe Ortega Neighborhood FeederTrail located between Lots 54 and 55 and within Lots 67 and N of Tentative Tract 16221. The feeder trail shall connect Street G to the Marbella-Belford General Plan Feeder Trail. The feeder trail shall be 10'in width within a 10' easement dedicated on the applicable final map to the City. The following maintenance provisions shall be included within the CC&R's for Tentative Tract Map 16221 and shall apply to all General Plan trails and feeder trails: a. Provision for maintenance of the Belford-Marbella General Plan Trail and all Feeder Trails within the tract (or tracts) by all Homeowner's Associations within Tentative Tract 16221. b. Provision requiring City approval of any amendment to the CC&R's that will, In any manner,affect the integrityof the General Plan or FeederTrail design standards or level of maintenance. C. Provision requiring that all trail maintenance conform to the maintenance standards per the City's adopted Equestrian/Hiking Trail Design Manual. d. Provision within the CC&R's that gives the City the right to assume maintenance of the equestrian/hiking trails if the City determines that the Homeowner's Association has not maintained the trails at the minimum standard,as defined by the Equestrian/Hiking Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs, including administration, shall become a lien on each property or residential lot within the subdivision. Rancho Vieio Bikeway:The applicant shall dedicate realigned easements at street intersections on the applicable final map. Realignment of the Bikeway and replacement of the existing asphalt bikeway with concrete shall be shown on the Street Improvement plans. Striping and signage for the bikeway shall be included on the Striping Improvement Plan. -15- 1.24 CC & R's. Prior to approval of each final map, the applicant shall submit the Planning Director, City Engineer,and City Attorney for review,and shall obtain the approval for, a set of Covenants, Conditions and Restrictions (CC&R's). Said CC&R's shall be recorded with the final map and shall include,but not be limited to, the following: a. Creation of a Homeowner Association(HOA) 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,the equestrian trail along Rancho Viejo frontage, slopes, fuel modification zones, private medians and greenbelts, irrigation systems, landscaped areas, detention basins, walls, driveways, parking areas, structures, private streets, street lights,drainage facilities,and all other areas to be owned and maintained by the HOA and/or Sub-association.All improvements,including but not limited to, streets, 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 HOA and/or Sub-association, or shall make other provision for maintenance, as approved by the City Council. (Engr.) b. The establishment of setback and height requirements for additions and accessory structures conforming to the development standards of the Comprehensive Development Plan for the project and the San Juan Capistrano Land Use Code. (Ping.) C. A statement indicating that open space (as provided in the lettered lots on the tentative map) shall be retained as indicated on the final map by the Homeowners Association,or other entity approved by the City,as designated open space with no structures allowed in perpetuity and maintained by a HomeownerAssociation and/orthe Sub-association or other entity approved by the City, and that no development or encroachment shall be permitted within the designated open space, except as permitted for the Open Space district in the project's Comprehensive Development Plan. (Ping.) d. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the Planning Director and that,if the Director determines that the amendment affects any project conditions of approval or other City regulations or requirements,the amendment will then require City Council approval prior to the amendment becoming valid. (Ping.) e. Fire prevention and defense provisions including: 1) a fire lane map, if required by the Fire Chief; 2) provisions which prohibit parking in fire lanes and a method of enforcement; 3) provisions for maintenance of fuel modification zones including the removal of all dead and dying vegetation -16- and the inspection and correction of any deficiencies in the irrigation system three times a year,4)a method for keeping fire protection access easements unobstructed; and 5) a requirement for approval of the Fire Chief for modifications such as installation of speed humps or bumps, control gate changes, or parking changes. (Fire) f. Criteria for maintenance of and prohibition of building constriction or ornamental landscaping within private drainage facility easements, slopes and fuel modification zones within the project by the HOA(Engr.) g. A Surficial Soil Remediation Program consistent with the Title 9, Chapter 10 of the Municipal Code. (Engr.) h. Provisions for maintenance by the homeowners association 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 open channels and catch basins annually. In addition, a provision shall be included which establishes a separate fund for the sole purpose of maintaining such facilities. (Engr.) I. 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 a that, in such event, the homeowners association shall be financially responsible to pay City for the costs the City incurs in such maintenance role. (Engr.) j. A provision that requires City approval of any amendment to the CC&R's that will, in any manner,affect the maintenance,function, or integrity of NPDES facilities. (Engr.) k. A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program. (Engr.) 1.25 Construction Cost Estimates,Prior to approval of each final map,the applicant shall submit to the City Engineer for review,and shall obtain approval for,an estimate of quantities and construction costs prepared by a Registered Civil Engineer of all proposed improvements associated with this development. Said estimates shall include, but not be limited to,the costs for construction of all street improvements, signing and striping, traffic signals, street lights, on-site and off-site storm drains, water and sewers,landscape, irrigation systems,recreational trails,and the setting of survey monuments and centeriine ties. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) -17- 1.26 Bonding and Securities. Prior to approval of each final map, the applicant shall execute a Subdivision Improvement Agreement with the City and 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 for improvements including, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes, and open space. In addition,the applicant shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs, as determined by the City Engineer. (Engr.) 1.27 Soils Subsidence Remediation Program. Prior to approval of the first final map, the applicant shall comply with the provisions of Title 9, Chapter 10, Soils Subsidence Remediation Program to the satisfaction of the City Engineer. Said program shall include the formation of a Geological Hazard Abatement District,for any catastrophic soil displacement.The program shall also include the incorporation into the Conditions, Covenants and Restrictions (CC&R's) of the Master Home Owners Association or sub-associations, the remediation to surficial soil displacement, as required by separate condition, herein. (Engr.) 1.28 Submission of Digital Mag,Prior to recordation of the Final Map,the applicant 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 shall pay.for all cost of said digital submittal,.induding supplying digital copies to the City,of the final County Surveyor approved digital map in DXF format. In addition, the applicant shall provide the City with digitized copies of all improvement(as-built) plans. (Engr.) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMITS: 2.1 Permits Required.Priortothecornmencementof anykind of gradingorconstruction activity,a permit shall be required.All improvement work,whether performed on-site or off-site,shall require a.pennit to ensure the integrity and safety of all existing and proposed improvements affected by the permit's construction activities. (Engr.) 2.2 Mvlar of Final Map, Prior to issuance of grading and right-of-way improvement permits subsequent to final map recordation,the applicant 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. (Engr.) -18- 2.3 Source Reduction and Recycling Act of 1989 (CIWMB) Prior to the issuance of grading permits,the applicant shall submit a written waste management plan,in a form acceptable to the City, and show on the gradingisite plans, the location of receptacle(s)to accumulate on-site generated solid waste for recycling purposes. The project shall provide adequate space to accommodate on-site source separation of solid waste during both pro and post-construction activity. , Prior to issuance of any building permits,the building permit site plans shall depict the areas for recycling space allocation consistent with Section 9-3.537 of Title 9, Land Use Code. Prior to issuance of any Certificate of Occupancy the applicant shall submit solid waste generation,disposal,and recycling records for constriction-generated waste. (EngrJC.M.) 2.4 Grading Access and Haul Route Plan. Prior to issuance of mass grading and right- of-way improvement permits, the applicant shall submit to the City Engineer for review, and shall obtain approval of: (Engr.) a. An ort-site plan showing location of the access point, for the earth moving and grading equipments and for workers' vehicles entering and exiting the site. b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards.The City Engineer may require a security deposit in conjunction.with approval of the haul route_plan. 2.5 Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-of-way improvement permits, the applicant shall adhere to the following conditions during the entire grading and construction operation (Engr.): a. If any drainage problem is anticipated or occurs during construction, the applicant 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. 2.6 Construction Phasing and Mitigation Program. Prior to issuance of grading and right-of-way improvement permits,the applicant shall pay a cash deposit forerosion 19 control and dean up purposes in an amount to be determined by the Building Official, and shall prepare and adhere to a Construction Phasing and Mitigation Program,approved bythe Planning Directorand Building Official containing,but not limited to, the following controls: (Engr. & Ping.) a. Grading Activity- 1. Haul route for the movement of on and off-site of heavy earth-moving equipment. 2. Location of assembly and storagetservice 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 importlexport. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. Compliance with the City policy on grading impacts,including"Impact Analysis"and a landscape schedule to insure early implementation of planting along existing residential frontages 6. A schedule and the method of performing the grading,stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Planning Director and Engineering and Building Director may modify the Construction Phasing and Mitigation program standards if on-site observations indicate that construction activities are creating a nuisancelo adjacent property. 2. The applicant shall hire a project enforcement person approved bythe Engineering and Building Director to ensure compliance with the Construction Phasing and Mitigation Program. 3. If the City determines that the applicant is in violation of the approved construction Phasing and mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. THE FOLLOWING CONDITION SHALL BE SATISFIED PRIORTO ISSUANCE OF BUILDING PERMITS: _ZQ_ 3.1 Payment of Fees.. Prior to the issuance of Building Permits (other than model homes), the applicant shall fulfill all applicable engineering fee requirements, including but not limited to the Capistrano Circulation Fee Program,SewerCapacity Fees,Agricultural Preservation Fees in accordance with the City Municipal Codes and Policies as last revised. (Engr.) 3.2 Fair-Share Circulation Improvement Participation for Rancho Vieio Road-Ortega i hwa . In accordance with the executed Subdivision Improvement Agreement, and prior to issuance of the first(1") building permit,other than model homes,the applicant shall pay for the project's pro-rata share of traffic generated, as determined in the City-approved traffic study, for the following improvement. This financial participation shall be in addition to paying Capistrano Circulation Fee Program(CCFP)fees. The applicants financial participation shall include right-of- way acquisition, design, and construction including, but not limited to, grading, streets, sidewalks, landscaping, retaining walls, drainage structures, utility relocation, and traffic signal improvements in accordance with the City's Master Plan of Streets and Highways. This condition is necessary because the Environmental Impact Report (EIR) traffic impact analysis identified this improvement as a cumulative impact mitigation measure but the improvement has not been anticipated by or included in the Capistrano Circulation Fee Program (CCFP)program. (Engr.). Location: Rancho Viejo Road @ Ortega Highway: Financial Participation: towards the construction of a second northbound left-tum lane on Rancho Viejo Road. 3.3 Off-Site Circulation Improvement Construction Requirements (subject to partial financial reimbursement). In accordance with a schedule established by the executed Subdivision Improvement Agreement,and priorto issuance ofthe building permit indicated in the table below,for other than model homes, the applicant shall design and construct and be initially responsible for all the cost of the off-site rmprovemen is ow ev Ultima e a con iguratrons in accordance with the City's 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 obtained by the applicant,with City's assistance, at no initial cost to the City. Upon a written request from the applicant,the City will enter into a Partial Financial Compensation Agreement to partially repay the applicant from the Capistrano Circulation Fee Program(CCFP)over a period of time after the completion of the last improvement of the items listed below in accordance with the CCFP'.s Methodology$Developer Financial Compensation Policy, as implemented and last revised. The applicant shall provide performance bondstsecurities 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 shall provide labor and materials bondstsecurities for 100 percent of the above estimated improvement 21 costs as determined by the City Engineer. Any deferral in the timing of this condition,due to unforseen delays caused by outside regulatory agencies,shall be subject to review and approval by the City Engineer. (Engr.) Location Improvement Timing of Improvements a. Ortega Construct an eastbound The applicant shall apply for Highway @ 1-5 right-tum lane on Ortega Caltrans encroachment permit Southbound. Highway for traffic within thirty (30) days following Ramps movement from Ortega approval of any final map. Highway eastbound to 1-5 southbound. Complete construction of improvements prior to issuance of the seventy-sbdh(7601)building permit. b 1 - 5 Construct an additional The applicant shall apply for Northbound Off- northbound lane on the 1-5 Caltrans encroachment permit Ramp @ Ortega Off-Ramp and restripe to within thirty, (30) days following Highway: provide two right tum approval of the project's final lanes. map. Complete construction of improvements prior to issuance of the seventy-sixth(7e)building permit. c . Ortega Construct an eastbound Begin construction of Highway @ Del right-tum lane on Ortega improvements prior to the Obispo Street: Highway for traffic issuance of the first(1")building movements from Ortega permit Complete construction of eastbound to.Del Obispo ,improvements prior to issuance southbound. of the-thirty-eighth (38°') building permit. THE FOLLOWING-CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 4.1 Filing of Propeelly Comer Survey Records. Prior to issuance of a certificate of occupancy for the first home within the project (other than model homes), the applicant's surveyor shall file the appropriate property comer survey records with the County Surveyor and show written confirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code. Any deviation from this condition shall be subject to approval by the City Engineer. (Engr.) -22- 4.2 Completion of all Improvements to the Citys Satisfaction. Prior to issuarcaafa certificate of occupancy(C of ")for the first home within each construction phase of the project (other than model homes), the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required of this development to serve each construction phase, including the undergrounding df overhead utility in accordance with City-approved improvement plans. AN construction shall be completed in accordance with the City approved Constructron Phasing and Mitigation Program. Any deferral in the timing of this condition shd be subject to review and approval of the City Engineer. (Engr.) Prior to final map approval,the applicant shall provide a cash bond for the costal resurfacing the entire Rancho Viejo Road street section along the full frontages Tract 16221.Following completion of all project construction,the City Engineer shA inspect the pavement condition of Rancho Viejo Road. If the City Engin determines that the road requires resurfacing, the applicant shall resurface #a entire Rancho Viejo Road street section fronting Tract 16221. (Engr.) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES 5.1 Provide As-Built Mylars. Prior to acceptance of the works of improvements and release of performance securities, the applicant shall submit to the City Engineer for review,and shall obtain approval of,the reproducible"as-built"mylar plans ofal on-site and off-site improvement works completed and accepted. Said plans shod be prepared by a Registered Civil Engineer.Also,the applicant shall submit digits copies of all as-built plans that call out any deviations from the City approved plaw& including all domestlawater system,non-domestic water system,and the landscape irrigation system in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards' (Engr.) 5.2 -Videotape of Sewers and Storm Drain Pipes.Prior to acceptance of improvemenh and release of performance securities, the applicant shall submit to the Clig Engineer for review, and shall obtain approval for, a video tape, filmed in 1he presence of a City Staff representative/inspector, of all sewer and drainage improvements. The videotape shall become the property of the City. (Engr.) 5.3 Monumentation and Comer Records. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all requ'msti monumentation and re-establish any damaged ordestroyed monumentation duriq construction.Monumentation,street centerline ties and appropriate comer recorft shall be submitted to the City Engineer and filed with the County Surveyor fa compliance with AB 1414 and Sec. 8771 of the Business and Professions Com (Engr.) -23- THE FOLLOWING CONDITIONS SHALL BE ONGOING UNTIL SATISFIED: 6.0 Legal Defense. The applicant, its agents, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees; and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA,rezoning approvals,subdivision map approvals,orother applicable City Municipal Code Title 9 land use approvals.Upon notice provided by City to the applicant, its agents, or assignees,of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. (Ping. & Engr.) Public Works (water facility) conditions of approval PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL: 1.1 The applicant shall pay all applicable Domestic and Non-Domestic (Recycled) Water Development Charges, as last revised, and post the required securities in compliance to Capistrano Valley Water District(CVWD)standard specifications. 1.2 The applicant shall be responsible to dedicate ali water rights,public water facilities, and any required water easements to CVWD at no cost to CVWD, in accordance CVWD standard specifications. These water rights,publicwaterfaclli6es,and water easements shall be dedicated to CVWD on the Final Map. 1.3 The applicant shall be responsible to dedicate Lot 125 to CVWD at no cost to CVWD,fora proposed water Booster Pump Station and a water Pressure Reducing Station and/or other water related facilities.The minimum pad area shall be a least 50'wide x 65'deep. 1 A The applicant shall be responsible to dedicate a water 5046ot wide easement to CVWD„at no cost to CVWD,from Rancho Viejo Road through the open space lot to Lot 125 and from said lot to proposed Street B and Lot M. 1.5 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD,through Lot M. 1.6 The applicant shall be responsible to obtain a minimum of 20-foot wide water easements from the affected property owners for a high pressure water main from Golf Club Drive to the subject tract. The alignment shall be in a paved road, or in undeveloped. areas with a slope of less than 1:4 (rise:run), or other condition acceptable to CVWD Engineer. _P4_ 1.7 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD, from Street H to Street J. 1.8 The applicant shall be responsible to dedicate a water easement to CVWD, at no cost to CVWD, from Street F and through Lot F to existing Ganado Road. 1.9 The applicant shall dedicate Lot 125(booster pump station)to the City/CVWD free and clear of any encumbrances and Lot 125 shall be exempt of conditions of the HOA CCR's. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS: 2.1 The applicant shall be responsible to obtain,from the Orange County Fire Authority the required fire flow demands and fire protection requirements to service said Tentative Tract Map (TTM) 16221. 2.2 The applicant shall be responsible for the design and permitting of domestic and non-domestic (recycled) water systems in accordance with CVWD standard specifications, and professionally-accepted engineering principles and practices. 2.3 The applicant shall be responsible to provide two sources of water supply for all of the proposed TTM 16221 water pressure zones. The proposed water system shall integrate with the surrounding water systems. 2.4 The applicant shall be responsible for the design of water improvements necessary to provide for domestic water facilities adequate to provide the required fire protection water facilities and domestic water demands. The applicant shall submit a hydraulic analysis which supports said water demands. 2.5 During grading operations the applicant shall be responsible to construct any necessary water main caps or plugs with thrust blocks and temporary water mains In compliance with CVWD standard Specifications that would be necessary to avoid a disruption of water service to existing customers related to the proper removal and legal disposal of any conflicting water main pipelines. 2.6 The applicant shall submitto the City Engineer and CVW D Engineer,for review and obtain approval for the Sewer and Water Plans prepared by a Registered Civil Engineer. These plans shall include, but not limited to the requirements related to water improvements. 2.7 The applicant shall enter into an improvement and reimbursement agreement for the reconstruction of surrounding offsite waterfaciliities related to the improvements for TTM 16221. -25- GENERAL WATER DISTRICT ISSUES 3-1. The water main pipelines for both domestic and non-domestic (recycled) water facilities within the tract's improvements shall have a minimum diameter of 8-inch for looped systems and 12-inch diameter for single source water systems, unless otherwise determined by the CVWD Engineer. . 3-2. All water main pipelines, through open space areas, shall be fully welded steel water mains that are cement mortar lined & coated (CML&C) with a suitable cathodic protection corrosion resistant water system as approved by the CVWD Engineer. 3-3. The applicant shall responsible to design the following domestic water main connections and.pipelines, unless otherwise determined by the CVWD Engineer. a) The applicant shall be responsible for the design of water Improvements to serve the domestic water facilities that are adequate to provide the required fire protection water facilities and domestic water demands. The applicant shall submit a hydraulic analysis which supports the ability to provide said water demands. b) The applicant shall be responsible to design water improvements and connections to Rancho Vie)o Road through Lot M,TTM 16221. c) The applicant shall be responsible to design the water mains, connections, and provide the required water easements from the north end of Ganado Road and along easterly boundary of proposed TTM 16221 with water main connections to.the proposed TTM 16221 water system. d) The applicant shall be responsible to design water facilities that will require a connection to the 575 Hydraulic Gradient(HGL)pressure zone at Golf Club Drive and Via Festivo. The applicant shall provide a hydraulic analysis and calculations to validate the suitability of the proposed water system. e) The applicant shall be responsible to design all required pressure reducing stations (PRS) with the necessary piping and appurtenances required to serve an acceptable range of water pressure. This shall include, but shall not be limited to,the following: I) A PRS between the existing 575 HGL and the proposed 450 HGL to be located at Golf Club Drive and Via Festivo. ill A PRS between the properties upper and lowerwater pressure zones. -26- iii) A PRS between the proposed TTM 16221 tower water pressure zone and the existing 314 HGL to be located in Lot F,TTM 16221, near the northern terminus of Ganado Road. NOW DOMESTIC (RECYCLED)WATER IMPROVEMENTS 4-1. The applicant shall be responsible to design the following non-domestic (recycled) water main connections and pipelines,unless other wise determined by the CVWD Engineer. a) The landscapefirrigation improvements shall be in accordance to the municipal code for Water Conservation Landscape, section 9-3.617 and CVWD's`Rules and Regulations For Users of Non-Domestic Water". b) A 12-inch non-domestic(recycled)water main pipeline to serve the irrigated slopes and landscape areas with individual private booster pumps installed after the certain water meters that are to serve landscape areas above 250' in elevation. c) A suitably sized Reduced Pressure Principal Assembly connection from the proposed domestic water main pipeline to the proposed non-domestic (recycled)water main pipeline. a) Construct a connection to the eAsting non-domestic(recycled)water main located in Rancho Viejo Road and connect to the proposed non-domestic (recycled)water system to serve TTM 16221. 4-2. For Lot 127,the applicant shall be responsible for designing a 6-inch sewer lateral with clean out for the future site improvements,unless otherwise determined by the CVWD Engineer. PRIOR TO ISSUANCE OF BUILDING PERMITS: 5.1 The applicant shall complete all design, construction, dedication of property and easements, and comply with the terms of any Developer Agreements and detailed in prior sections of the resolution. If a water improvement construction phasing plan is to be implemented,the phasing plan shall be submitted to the City Engineer and CVW D Engineer for approval. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 6.1 Prior to the acceptance of water improvements and release of performance securities,the applicant shall submit to the City Engineer and CVWD Engineer for review and obtain approval for reproducible"Record Drawing"Mylar Plans that call out any deviations from the signed plans of all the domestic water system, non- -27- domestic (recycled)water system, the landscape irrigation system, and Lot 127, TTM 16221 improvements. These "Record Drawings" are also required to be provided to the City and CVW D in digital format,in accordance with the"City of San Juan Capistrano Digital Submission Standards". Orange County Fire Authority conditions of approval F-1. Prior to the recordation of a final map, the applicant shall submit to the Fire Chief evidence that the location of the nearest fire hydrant is in compliance with applicable requirements. F-2. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Orange County Fire Authority Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. F-3 Prior to the recordation of a final, a note shall be placed on the map stating that all multifamily residential structures;all single-family structuresexceeding 5,500 square feet per amendment; and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system,in a manner meeting the approval of the Fire Chief. F-4 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the OCFA for review and approval. F-5 Prior to the issuance of a certificate of use and occupancy,this system shall be operational in a manner meeting the approval of the Fire Chief. F-6 Prior to the recordation of a final map,the applicant shall obtain approval of the Fire Chief for all fire protection access easements and shall dedicate them to the County. F-7 Prior to the issuance of any grading permits,the applicant shall submit and obtain approval of plans for all roads,streets and courts, public or private, from the Fire Chief in consultation with the City Staff. The plans shall include the plan view, sectional view,and indicate the grade and width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be approved by the Fire Chief and if needed,clearly marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions which prohibit obstructions such as speed bumpsthumps, control gates or other modifications,vdthin said easement or access road unless prior approval of the Fire Chief is granted. -28- F-8 Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. F-9 Prior to the Issuance of any certificate of use and occupancy,the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&ITs, or other approved documents, shall contain a fire lane map and provisions which prohibit parking in the fire lanes. The method of enforcement shall be documented. F-10 Prior to the issuance of a preliminary grading permit,the applicant shall obtain the approval of the Fire Chief, in consultation with the City Staff, of a conceptual fuel modification plan and program. F-11 Prior to the issuance of any precise grading permit, the applicant shall obtain the approval of the Fire Chief, in consultation with the Manager, Subdivision and Grading Services,of a precise fuel modification plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. F-12 Prior to the issuance of a building permit,the dev eloper shall have completed,under s the supervision of the Fire Chief,that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into,the project area. Approval shall be subject to on-site inspection. F-13 Prior to the issuance of any certificate of use and occupancy,the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire Chief. The CC&R's, or other approved documents, shall contain provisions for maintaining the fuel modification zones including the removal of all dead and dying vegetation subject to triennial inspections. F-14 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire Chiefs approval for the construction of any gate across required fire authority access roads/drives. Contact the Orange County Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." F-15 Prior to the Issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and the all weather fire protection access roads shall be in place and -29- operational before any combustible material is placed on-site. Approval shall be subject to an on-site inspection prior to the issuance of a building permit PASSED, APPROVED AND ADOPTED tthis 3'"day of une 2003. HN ATTEST: RGARET R. MONAHAN, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF SAN JUAN CAPISTRANO ) I,MARGARET R.MONAHAN,appointed City Clerk of the City of San Juan Capistrano,do hereby certify that the foregoing Resolution No.03-06-03-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the V day of June 2003, by the following vote: AYES: COUNCIL MEMBERS: Hart, Swerdlin,and Mayor pro tem Soto NOES: COUNCIL MEMBERS: Bathgate and Mayor Gelff ABSTAIN: COUNCIL MEMBERS: None ET R. MONAHAN, City Clerk -30- RESOLUTION NO. 04-04-20-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING NUMERICAL LIMITS FOR CALENDAR YEARS 2005-2007 AND APPRVING A RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 2004-2007 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) WHEREAS, Section 9-2.325, Growth Management of Title 9, Land Use Code establishes the City's Residential Growth Management Regulations and regulates the allocation of residential building permits within the City; and, WHEREAS, Section 9-2.325, Growth Management of Title 9, Land Use Code requires that the City annually establish Numerical Limits for each of the succeeding three calendar years and a Residential Allocation Schedule for residential building permits to be issued for the current calendar year and the succeeding three calendar years; and, WHEREAS, the potential environmental impacts of the Residential Growth Management Program have been disclosed in the Certified Environmental Impact Report (EIR) prepared in conjunction with the adoption of the 1999 General Plan Update and the adoption of Ordinance No. 869, an ordinance amending Title 9, Land Use Code, in accordance with the California Environmental Quality Act (1970); and, WHEREAS, the Planning Commission has previously considered the environmental determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission conducted a duly noticed public meeting on March 9, and March 23, 2004 pursuant to Section 9-2.335, Public Hearing Procedures of the Municipal Code to consider testimony on the proposed numerical limits and residential allocation schedule; and, WHEREAS,the City Council conducted a duly noticed public meeting on April 20,2004 pursuant to Section 9-2.335, Public Hearing Procedures of the Municipal Code to consider testimony on the proposed numerical limits and residential allocation schedule. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed Numerical Limits, as reflected in Exhibit "A", are consistent with the policies and objectives of the General Plan, in that they reasonably accommodate the number of building permits necessary to comply with the Housing Element's housing production objectives established by the Regional Housing Needs Assessment (RHNA), an integral component of the Department of Housing and Community Development Department-approved Housing Element; and, f ATTACHMENT 3 0 2. The Numerical Limits will provide building permit allocations consistent with the provisions of Section 9-2.325, Residential Growth Management of the Municipal Code; and, 3. The Residential Allocation Schedule, as depicted in Exhibit"A", provides equitable and appropriate building permit allocations within the previously established numerical limits by the City Council for 2004 and the recommended numerical limits for 2005-2007; and, 4. The Residential Allocation Schedule is consistent with the policies and objectives of the San Juan Capistrano General Plan especially the Public Services Element relating to the provision of adequate capital infrastructure to support new residential development; and, 5. The Residential Allocation Schedule provides for reasonable build-out schedules for those projects eligible for building permit allocations. NOW, THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of San Juan Capistrano does hereby establish 2005-2007 Numerical Limits in accordance with Section 9-2.325(e)(2) of Title 9, Land Use Code as follows: l t miss= 2005 392 2006 400 2007 400 NOW,THEREFORE, BE IT FURTHER RESOLVED,thatthe City Council of the City of San Juan Capistrano does hereby establish the 2004-2007 Residential Allocation Schedule as provided by Exhibit'W',attached hereto and incorporated herein, in accordance with the requirements of Section 9-2.325 of Title 9, Land Use Code. PASSED, APPROVED AND ADOP 2 a of April 2004. b JOE OT MAYOR ATTEST: U M ARET R. MONAHAN, CITY CLERK 2 04-20-2004 EXHIBIT A 2005-2007 NUMERICAL LIMITS AND 2004-2006 RESIDENTIAL ALLOCATION SCHEDULE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RESIDENTIAL GROWTH MANAGEMENT PROGRAM Calendar Year 2004 2005 2006 2007 ANNUAL NUMERICAL LIMIT: 155 392 400 400 PREVIOUSLY ALLOCATED PROJECTS: DUs Permits Permits • Approve Issued Needed d Tract Map 13436, Glendale Federal 132 0 132 20 80 32 0 (Lomas San Juan),Area C-2 Tract Map 14343, San Juan Meadows 275 0 275 0 0 43 100 Tract Map 14196, Pacific PointSunCal 416 0 416 0 282 134 0 Subtotal 823 0 823 20 362 209 100 Remaining Building Permit Allocations 135 30 191 300 NEW PROJECTS: 2004 2005 2006 2007 Tract Map 16221, Honeyman Ranch 119 0 119 90 30 0 0 • 0 0 0 0 0 0 0 Subtotal 119 0 119 90 30 0 0 Total (All Allocations) 110 392 209 100 Remaining Building Permit Allocations 45 0 191 300 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-04-20-04 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting • thereof, held the 20'h day of April 2004, by the following vote: AYES: COUNCIL MEMBERS: Alrevato, Swerdlin, Hart and Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate M R ARET R. MONAHAN, City Clerk NOTICE OF PUBLIC HEARING 161. V76 ' CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 7th day of December, 2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Development Agreement for Tract Map 16221, Honeyman Ranch (Rancho Madrina) William Lyon Company has requested approval of a development agreement for Tract Map 16221. The Development Agreement would allow annual residential building permit allocations for this project, under the City's growth management ordinance, to be used in subsequent years. This provision provides assurance of the development schedule needed to meet the financial commitment necessary to support a community facilities district to finance certain public infrastructure (i.e. public schools & City capital improvements). The final tract map, approved by the City Council on October 5, 2004, allows the development of one- hundred and nineteen (119)single-family detached homes on an existing 78.60 acre site. The property is General Plan-designated "VLD" (Very Low Density Residential), "LD" (Low Density Residential), "MLD" (Medium Low Density Residential), and "MD" (Medium Density Residential). The property is zoned "PC" (Planned Community) and subject to Comprehensive Development Plan 01-01, Roma rco-Honeyman Planned Community. The property is located along the east side of Rancho Viejo Road about 200 feet north of Ortega Highway. This project has been previously reviewed in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Administrator required preparation of an environmental impact report.The Final Environmental Impact Report(FEIR)for this project was certified by the City Council on May 25, 2003. The City has prepared an Initial Study and determined that all project impacts have been previously addressed by the certified EIR. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:30 p.m., on Monday, December 6, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information, you may contact William Ramsey, AICP, Princi aal2Planner at (949) 443-6334. 1 Z/�_, _ MA G RET R. MONAHAN, CITY CLERK ATTACHMENT 4 1 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. tC9a NOV 30 P 2: 1u County of Orange ) I am a citizen of the United States and a resident _! , of the County aforesaid;I am over the age of eighteen years, and not a party to or interested Proof of Publication of in the above entitled matter.I am the principal clerk of the Capistrano Valley News , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of NOTICE or California,on June 7, 1984, Case No.A-122949 PUBLIC HEARING 4.Mr14#SM JnAN CAPMUMO in and for the City of San Juan Capistrano, Count of Orange,State of California;that the NOTICE a HMMY GIVEN. flet on the 7tli d° m YDecember,2004,m 7:00 P.M.in the C'M1My council Chamber 32400 Paeao Adelwfto,San Juan Capatraro,Calli the notice,of which the annexed is a true printed City CounciJ will t old a public hearing on the followl g: DawbPmarrt ser Trael wan 14{7!41, copy,has been published in each regular and William Lyon Compeny has requested Duel d a devel- entire issue of said newspaper and not in an ,eg loan!for Tract appal.oerelopmem Y Agreeeeing would allow annual residential build permit e4 locations for this project,under the C"growth menegw supplement thereof the following dates,to Ment ordinance,W be used m wtuactnet years.This l» PP ereoon g mon prwidw�pe,rranoe of Me dewalopmern schedule need. ed to meet dCmrtinancial commitment necessary to support a Wll: commundy facilities district to finance certain pudic lyre, structure re.public schools 8 City capital improvements). November 25,2004 The final tract map,approved by the I Council on Colo. bar 5.2004,allows IM development ons-hundred and nineteen(119)sinpN-femity detached homes on an e�amaYnpp 75.60 acre s8e.Tho property is General PlandeelIggnmed ."W. (Very Low Dia Residential), 'DD' (lav Oiatiy "I certify(or declare)under the penalty of MLD' m taw Dewy Resider Is Zoned.PCsed Dow (peened Wopment an 01-0umty)and subject to Plane envie under the laws of the State of California . owr01ty Is locates�g a°, asas.t side of RRar, perjury cho Vrojo Roel abaN 200 lest north of Ortega Highway. that the foregoing is true and correct": This gged has been prewwua reviewed in axordanos wind the Calibmle EmironmariW O,wliy Act(CES and the City's Environmental Aciministralor required preparation Executed at Santa Ana,Orange County, of an am4nonmamm i mCd report.The calm Ewximamal Impart Report 190 this was nf0 by Pu California,on �„d by� pEJ`p. a haweeeen Date: November 25,2004 l;k�q�1 sm must be wlb�, Q,n an oorldesmng to be p�p�WormadiDn pEorrtunity to fewe a ois_tlutng ssuchh hw W 6, -92400 P®eo A elepiib;;rtainmg to�Sonan Mond nc;aPlmano. W 6,zoom r CA 928he,Individg m st ora lg re eu st s let.wrtilen Inbrmtr W m the meeting mum yaraeulN request such action. For further inf Planner et(M914436194. Rammy, AICP,Pt Signature Capistrano Valley News - ' Published:Caplstranu valley News.November 25,2!104 625 N.Grand Ave. 6451149 _ _ 3sn Santa Ana,CA 92701 (714)796-7000 ext.2209 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: Thursday, November 25, 2004 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING — Honeyman Ranch Development Agreement PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 493-1171 AUTHORIZED BY: DATE: November 1 , 2 04 Date of Public Hearing - 12/07/04 Date notice published 11/25/04 Date affidavit received - Date notice posted in """ ��, designated posting places (3) - 11/24/04 yW�[ Date notice posted on property - N/A (�l Date of mailing notice to interested parties - 11/24/04 Date notice transmitted to City Manager's Office - 11/16/04 NOTICE OF PUBLIC HEARING aunonno num 1961 1776 ' , • CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 7th day of December, 2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council will hold a public hearing on the following: Development Agreement for Tract Map 16221, Honeyman Ranch (Rancho Madrina) William Lyon Company has requested approval of a development agreement for Tract Map 16221. The Development Agreement would allow annual residential building permit allocations for this project, under the City's growth management ordinance, to be used in subsequent years. This provision provides assurance of the development schedule needed to meet the financial commitment necessary to support a community facilities district to finance certain public infrastructure (i.e. public schools & City capital improvements). The final tract map, approved by the City Council on October 5, 2004, allows the development of one- hundred and nineteen (119)single-family detached homes on an existing 78.60 acre site.The property is General Plan-designated "VLD" (Very Low Density Residential), "LD" (Low Density Residential), "MLD" (Medium Low Density Residential), and "MD" (Medium Density Residential). The property is zoned "PC" (Planned Community) and subject to Comprehensive Development Plan 01-01, Roma rco-Honeyman Planned Community. The property is located along the east side of Rancho Viejo Road about 200 feet north of Ortega Highway. This project has been previously reviewed in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Administrator required preparation of an environmental impact report. The Final Environmental Impact Report(FEIR)for this project was certified by the City Council on May 25, 2003. The City has prepared an Initial Study and determined that all project impacts have been previously addressed by the certified EIR. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:30 p.m., on Monday, December 6, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information, you may contact William Ramsey, AICP, Princi /al Planner at (949) 443-6334. 12 ZA--, MA Fj G RET R. MONAHAN, CITY CLERK FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARGARET R. MONAHAN, declare that I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that on November 24, 2004, 1 caused the above Notice to be posted in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Community Center Reception Area; Orange County Public Library AND, that on November 25, 2004, the above Notice was published in the Capistrano Valley News newspaper. I declare under penalty of perjury that the foregoing is true and correct. MAPGAAET R. MO AN, CITY CLERK City of San Juan C strano, California +; PUBLIC HEARING NOTICE e h� '�-�f�/�"� City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN,that on the 7th day of December, 2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California,the City Council will hold a public hearing on the following: Development Agreement for Tract Map 16221, Honeyman Ranch (Rancho Madrina) William Lyon Company has requested approval of a development agreement for Tract Map 16221.The Development Agreement would allow annual residential building permit allocations for this project,under the City's growth management ordinance,to be used in subsequent years. This provision provides assurance of the development schedule needed to meet the financial commitment necessary to support a community facilities district to finance certain public infrastructure(i.e. public schools&City capital improvements). The final tract map, approved by the City Council on October 5, 2004, allows the development of one-hundred and nineteen (119) single- family detached homes on an existing 78.60 acre site. The property is General Plan-designated "VLD" (Very Low Density Residential), "LD" (Low Density Residential), "MLD" (Medium Low Density Residential), and "MD" (Medium Density Residential). The property is zoned "PC" (Planned Community) and subject to Comprehensive Development Plan 01-01, Romarco-Honeyman Planned Community. The property is located along the east side of Rancho Viejo Road about 200 feet north of Ortega Highway. This project has been previously reviewed in accordance with the California Environmental Quality Act(CEQA) and the City's Environmental Administrator required preparation of an environmental impact report. The Final Environmental Impact Report (FEIR) for this project was certified by the City Council on May 25, 2003. The City has prepared an Initial Study and determined that all project impacts have been previously addressed by the certified EIR. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:30 p.m., on Monday, December 6, 2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information,you may contact William Ramsey,AICP, Principal Planner at(949)443-6334. /s/Margaret R. Monahan City Clerk ?3tti` PUBLIC HEARING NOTICE i City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN, that on the 7th day of December,2004, at 7:00 P.M. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California,the City Council will hold a public hearing on the following: Development Agreement for Tract Map 16221, Honeyman Ranch (Rancho Madrina) William Lyon Company has requested approval of a development agreement for Tract Map 16221.The Development Agreement would allow annual residential building permit allocations for this project, under the City's growth management ordinance,to be used in subsequent years. This provision provides assurance of the development schedule needed to meet the financial commitment necessary to support a community facilities district to finance certain public infrastructure(i.e. public schools&City capital improvements). The final tract map, approved by the City Council on October 5, 2004, allows the development of one-hundred and nineteen (119) single- family detached homes on an existing 78.60 acre site. The property is General Plan-designated "VLD" (Very Low Density Residential), "LD" (Low Density Residential), "MLD" (Medium Low Density Residential), and "MD" (Medium Density Residential). The property is zoned "PC" (Planned Community) and subject to Comprehensive Development Plan 01-01, Romarco-Honeyman Planned Community. The property is located along the east side of Rancho Viejo Road about 200 feet north of Ortega Highway. This project has been previously reviewed in accordance with the California Environmental Quality Act(CEQA) and the City's Environmental Administrator required preparation of an environmental impact report. The Final Environmental Impact Report (FEIR) for this project was certified by the City Council on May 25, 2003. The City has prepared an Initial Study and determined that all project impacts have been previously addressed by the certified EIR. Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to do so during such hearing. Written information pertaining to this item must be submitted to the City Clerk by 5:30 p.m.,on Monday, December 6,2004 at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Individuals desiring to submit late written information at the meeting must orally request such action. For further information,you may contact William Ramsey,AICP, Principal Planner at(949)443-6334. /s/Margaret R. Monahan City Clerk Use Avery TEMPLATE 5160® AVERY® 516e T 16221,Rancho Madrina 650-595-06 650-611-02 Meeting: City Council GOLF VILLAS OF MARBELLA NGP REALTY SUB Date: Dec 7,2004 2501 N SEPULVEDA BLVD#200 2951 28TH ST#3000 Avery 5160 MANHATTAN BEACH,CA 90266 SANTA MONICA, CA 90405 650-151-14 650-151-11 650-151-22 SOUTH COAST CHRISTIAN ORTEGA RANCH LLC ORTEGA RANCH LLC PO BOX 4647 3 PARK PLZ# 1490 1 ADA#250 MISSION VIEJO, CA 92690 IRVINE,CA 92614 IRVINE,CA 92618 650-151-22 650592_92 0202 650-592-03 ORTEGA RANCH LLC CITY OF SAN Ar nor MARBELLA PLAZA L P 1 ADA#250 355 BRISTOL ST#C IRVINE, CA 92618 SAN 14;-n N n A nrcmn AINO CA 9 5 COSTA MESA,CA 92626 650-594-25 650-594-24 650-591-16 SUKUT MYRON C RODRIGUEZ BRUCE MARBELLA PROPERTY OWNERS 31071 MARBELLA VIS 31052 MARBELLA VIS 24422 AVENIDA DE LA CARLOTA# SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 460 LAGUNA HILLS,CA 92653 650-594-20 650-594-19 650-594-23 ANDERSON JAMES E JR PITTENGER BRUCE R TESTMAN THOMAS R 30992 VIA MIRADOR 30982 VIA MIRADOR 31042 MARBELLA VIS SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-142-02 650-591-12 650-190-02 ROMAN CATHOLIC BISHOP OF NGP REALTY SUB CORAL FARMS L P 2811 E VILLA REAL DR 2951 28TH ST#3000 14841 YORBA ST#200 ORANGE,CA 92867 SANTA MONICA,CA 90405 TUSTIN,CA 92780 650 `x-591-.-gin 650 611--04 650-611-03 MARBELLA PROPERTY OWNERS 3951 28TlI STu�no on A-a A vPNIP A P LA CAR I OTA #460 39 ARGONAUT# 100 SANTA AIGNIG A CA 90 405 LAGUNA HI re CA 92653 ALISO VIEJO, CA 92656 938-05-470 938-05-471 938-05-472 TANNER OLIVIA F KELLY MICHAEL J SNYDER DAVID A 35 PLAZA CALOROSO 36 PLAZA CALOROSO 37 PLAZA CALOROSO SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-211-35 650-141-01 650-201-12 HLB PROP WILLIAM LYON HOMES INC STEVENS LEROY C 27201 ORTEGA HWY 4490 VON KARMAN AVE 27401 ORTEGA HWY SAN JUAN CAPISTRANO, CA 92675 NEWPORT BEACH,CA 92660 SAN JUAN CAPISTRANO,CA 92675 938-05-467 650-212-09 650-212-08 BARNES SHIRLEY A NELSON RALPH E STAUFF CORA D TRUST 32 PLAZA CALOROSO 31521 GANADO RD 31511 GANADO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 Jam Free Printing AVERY® www.averycom 1-800-GO-AVERY(462-8379) Use Avery TEMPLATE 5160® a AVERY® 51600 650-212-05 650-212-07 650-212-04 WREDE KRIS L VASQUEZ MARIA T DAVIS BARBARA A TRUST 31461 GANADO RD 31501 GANADO RD 31451 GANADO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-212-06 650-212-10 650-211-33 PENICK NEAL D SCHNITZLER ROBERT J HLB PROP 31471 GANADO RD 31531 GANADO RD 27201 ORTEGA HWY SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-211-27 650-211-34 650 211 X11 32 RAMIREZ JENNIFER G&J INVEST COMPANY HLB PROP 31522 GALANO WAY 27201 ORTEGA HWY 27201 ORTEGA HWY SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN n 1nN r n PISTR n NO CA 92675 938-05468 650-211-26 650-211-05 REAL DEV INC FRECHETTE ERIK G MORGAN LAEL 27 PLAZA CALOROSO 31512 GALANO WAY PO BOX 19107 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675 ARLINGTON,TX 76019 650-211-22 650-211-09 650-211-20 PORTER WALTER 0 RICE ROBERT M LUHNOW FERN L 31472 ORO PL 31461 GALANO WAY 31452 GALANO WAY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 650-211-24 650-211-03 650-211-10 MITCHELL MARC B HEDDLESTEN MARSHALL D& SCHMIDT JON 31478 ORO PL JACQUELYN E& SCH IDT JON WAY SAN JUAN CAPISTRANO, CA 92675 31442 GANADO RD SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-211-25 650-211-08 650-211-07 NICK WENDELL O MACK-BLECKER SUZANNE HILE STEVEN H 31502 GALANO WAY 31352 CAMPANA WAY 31501 GALANO WAY SAN JUAN CAPISTRANO,CA 92675 LAGUNA NIGUEL, CA 92677 SAN JUAN CAPISTRANO, CA 92675 650-211-23 650-211-06 650-211-04 HERNANDEZ ELARION M RUSSELL C&C TRUST BOSHMAN KELLY ALEXANDER 31476 ORO PL 31521 GALANO WAY 31462 GANADO RD SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-211-21 650-201-15 650-201-14 BRANHAM LARRY E RICH JAMES E REISING WILLIAM E 31462 GALANO WAY 802 S BAYFRONT 32222 CAMINO CAPISTRANO#A SAN JUAN CAPISTRANO, CA 92675 NEWPORT BEACH,CA 92662 SAN JUAN CAPISTRANO,CA 92675 650-201-13 650-212-03 650-212-01 TRUE ALAN LYNN HUNN MICHAEL POTTER JAMES G PO BOX 51057 31441 GANADO RD 31411 GANADO RD IRVINE,CA 92619 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 Jam Free Printing a AVERY® www.aver 1800462-8379) Use Avery®TEMPLATE 5160° AVERY® 51600 650-212-02 650-152-07 650-152-01 SCARANTINO SAL P KRAMER RICHARD B CHRISTENSEN CONNIE M 31421 GANADO RD 31352 AVENIDA LOS CERRITOS PO BOX 577 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92693 65015208 650-152-02 650-152-06 WILLIAM 1-YON 14OMPS POLLAK JOHN D SEWELL GREG 4490 VON;v A RM-A N A vs 31332 AVENIDA LOS CERRITOS 31331 AVENIDA LOS CERRITOS �rcxxxnnn r nn A GH C 9� SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-152-05 650-211-17 650-211-18 RYAN EDWIN L ROSARIO ROBERTO WEBB WILLIAM S 31311 AVENIDA LOS CERRITOS 31412 GALANO WAY 31422 GALANO WAY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 650-211-02 650-211-15 650-211-12 BOESSLER HARRY R RECUPERO MICHAEL J HARRIS MILES L 31432 GANADO RD 31391 GALANO WAY 31421 GALANO WAY SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 650-211-11 650-211-14 650-211-16 PEREZ OLIVIA T MARANO GREG&MELISSA SANDERS JOHN C 31431 GALANO WAY 31401 GALANO WAY 31392 GALANO WAY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-211-13 650-211-19 650-211-01 BENT BRIAN PEREZ MARCOS T MORGAN MICHAEL S 31411 GALANO WAY 31432 GALANO WAY 31422 GANADO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-201-04 650-201-02 650-201-10 SHREWSBURY W ALLISON BANK ONE TRUST CO TR BOUCHER JANET L 27442 ORTEGA HWY PO BOX 810490 27361 ORTEGA HWY SAN JUAN CAPISTRANO, CA 92675 DALLAS,TX 75381 SAN JUAN CAPISTRANO,CA 92675 650-201-03 650-201-07 650-201-09 YURIVILCA SAUL P&LUCY SCARANTINO JOAN DOZIER JAMES R 27444 ORTEGA HWY 27441 ORTEGA HWY 27379 ORTEGA HWY SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-201-08 650-201-11 650-192-23 SPINELLA JOHN A PORTER CHARLES ANGEL DANIEL 27377 ORTEGA HWY 27371 ORTEGA HWY 31261 BELFORD DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-462 938-05-510 938-05-511 WHITLINGER RICHARD&C TRUST LEWIS TOM BUSCHE DONALD 27 PLAZA CALOROSO 57 PLAZA BRISAS 58 PLAZA BRISAS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 Jam free Printing AVERY® www.avery.com 1-800-GO-AVERY(462-8379) Use Avery*TEMPLATE 5160® AVERY® 5160° 650 552 0747 650-552-05 650-201-01 A711-1-TAM LYON HOMES Pic ROMAD INVESTS SEIDEL WILLIAM P 4490 vnwr v n W 1 n Nr A'TE PO BOX 670 27453 ORTEGA HWY NrnlxrnO T BEACH CA 92669 NORCO,CA 92860 SAN JUAN CAPISTRANO,CA 92675 650 5=5206 6500 529444 650-152-03 WILLIAM 1-YON HOMES 114C WILLIAM LYON HOMES SOKOL JOSEPH P 4 490 vONr v n nn,r n Nt AVE 4490 vnwr v n R-MA Nr n vn 31312 AVENIDA LOS CERRITOS N-FlxrPO T-REACH,CH n n 0060 NEWPORT BEACH,CLT C n 92660 SAN JUAN CAPISTRANO,CA 92675 650-201-05 650-201-06 650-192-14 SOTO YGNACIO P JR OLDRIDGE PHILLIP W FARELL DAVID A PO BOX 32 1165 ARDEN RD 31191 HARMONY HALL CT SAN JUAN CAPISTRANO,CA 92693 PASADENA, CA 91106 SAN JUAN CAPISTRANO,CA 92675 650-192-16 650-192-15 650-192-17 MOSICH MICHAEL N REISS R ROBERT AVILA LOUIS C 31205 HARMONY HALL CT 31201 HARMONY HALL CT 10433 SPY GLASS HILL RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 WHITTIER, CA 90601 650-192-13 650-192-12 650-192-21 SAFFIE JIM GOTTRON RICHARD G MC NEILLY VANCE H 31181 HARMONY HALL CT 31171 HARMONY HALL CT 31231 BELFORD DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-192-20 650-192-22 650-192-10 MUNOZ GARY B BRANDELLI ALBERT JR LEFNER JOHN M 30032 AVENTURA 31251 BELFORD DR 31182 HARMONY HALL CT RANCHO SANTA MARGARITA,CA SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 92688 650-192-07 650-192-09 650-192-18 ESSER THOMAS W FAULKNER BRIAN&LANETTE WOLF JUDY 31222 BELFORD DR 31212 BELFORD DR 31215 BELFORD DR SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-192-06 650-192-19 650-192-05 CLARK GARLAND F JONES THOMAS A WOOD KAREN G 31226 BELFORD DR 31221 BELFORD DR 31232 BELFORD DR SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-191-35 650-191-34 650-192-08 ANDERSON MARK J GONNERMAN GARY A BAUER GEORGE P 31181 CASA GRANDE DR 31171 CASA GRANDE DR 31216 BELFORD DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 650-191-32 650-191-33 650-192-11 WELLS JAMES D EWING FAMILY TRUST ROACH STEPHEN M 31151 CASA GRANDE DR 31161 CASA GRANDE DR 31172 HARMONY HALL CT SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 Jam Free Printing AVERY® 1-800-GO-AVERY 462-8379) Use Avery. *TEMPLATE 5160° AVERY® 51600 650-190-01 938-05-512 938-05-520 CORAL PROPERTIES ROACHE DONNA I CUNNINGHAM MELVIN 14841 YORBA ST#200 59 PLAZA BRISAS 73 PLAZA CUESTA TUSTIN, CA 92780 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-518 938-05-519 938-05-521 LAI JOHN T Y&JESSIE T S DOUGLAS RONALD C NELSON JUDITH L 71 PLAZA CUESTA 73497 MARIPOSA DR 74 PLAZA CUESTA SAN JUAN CAPISTRANO, CA 92675 PALM DESERT,CA 92260 SAN JUAN CAPISTRANO,CA 92675 938-05-522 938-05-523 938-05-524 GOULD EUGENE BONLARRON EDWARD C BRUTOCAO LOUIS 75 PLAZA CUESTA 76 PLAZA CUESTA 2532 DUPONT DR SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 IRVINE,CA 92612 938-05-525 938-05-526 938-05-546 KAMBESTAD JANE D SCHOENLAUB LILLIAN T MC VEY EDWARD V 78 PLAZA CUESTA 79 PLAZA CUESTA 93 PLAZA 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92675 SAN JUAN CAPISTRANO,CA 92675 938-05-552 938-05-553 938-05-550 LESSER BERNARD BEGELMAN HAROLD NELSON BEVERLY P 99 PLAZA DE LAS FLORES 100 PLAZA DE LAS FLORES 97 PLAZA DE LAS FLORES SAN JUAN CAPISTRANO, CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-548 938-05-547 938-05-549 DEVLIN PAUL A DEPARTMENT OF VETS AFFAIR HOOP WILLIAM R 95 PLAZA DE LAS FLORES 94 PLAZA DE LAS FLORES 96 PLAZA DE LAS FLORES SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-551 938-05461 938-05-454 MIKESELL BONNIE JEAN CARRIER LOUIS M JR HORANY LOUIS G 98 PLAZA DE LAS FLORES 18952 CRIMSON CIR 19 PLAZA CALOROSO SAN JUAN CAPISTRANO,CA 92675 HUNTINGTON BEACH,CA 92646 SAN JUAN CAPISTRANO,CA 92675 938-05-455 938-05-456 938-05-457 SMALLWOOD EVELYN J WHITSITT KIMBERLY G CARNEGIE MARY D PO BOX 6806 21 PLAZA CALOROSO 50 RANDALL CT INCLINE VILLAGE,NV 89450 SAN JUAN CAPISTRANO, CA 92675 OLDSMAR, CA 92675 938-05-458 938-05-479 938-05-480 WANNENMACHER 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PRESTON C ROSTAGNO DONALD R CHRISTIANSEN LILLIAN ANN 53 PLAZA BRISAS 54 PLAZA BRISAS 55 PLAZA BRISAS SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-509 938-05-463 938-05-464 MERRELL ALFRED L SMITH WILLIAM E SCHREIBER RONALD W 56 PLAZA BRISAS 28 PLAZA CALOROSO 31103 RANCHO VIEJO RD SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-473 938-05465 938-05-466 USAMI MASATAKA NAVABPOUR RASSOUL WEINBERG STANLEY LEE 38 PLAZA CALOROSO 30 PLAZA CALOROSO 31 PLAZA CALOROSO SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05474 938-05475 938-05476 CLEUGH DAVID MICHAEL TYNER THOMAS E GLADDEN GARY W 39 PLAZA CALOROSO 40 PLAZA CALOROSO 41 PLAZA VIVIENDA SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 938-05-477 938-05478 938-05469 SPEED CHRISTINE A TRUST CLARK JAMES B STAIB JOYCE MARIE 316 COLLINS AVE 43 PLAZA VIVIENDA 34 PLAZA CALOROSO NEWPORT BEACH,CA 92662 SAN JUAN CAPISTRANO,CA 92675 SAN JUAN CAPISTRANO,CA 92675 William Lyon Homes, Inc. David Doomey, Deputy Superintendent % Thomas Grable Capistrano Unified School District 4490 Von Karman Ave. 32972 Calle Perfecto Newport Beach, CA 92660 San Juan Capistrano, CA 92675-4792 e09L5 0AH3AV a 009LS 31V1dVJ31 atiany asn i 32400 PASEO ADE_ANTO ,✓ SAN JUAN CAPISTRANO,CA 92675 1/L� in(ORvoAA1EA MEMBERS OF THE CITU COUNCIL (949)493-1171 [STAAusem X96( SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L.BATHGATE N'k'Ih'.SCl YIf LlCfI1CO�J]Sh"OYt0.01"� MATT HART JOE D M. TO December 8, 2004 DAVID M.SWERDLIN NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On December 7, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of a Development Agreement for Tract Map 16221, a Tract Map to Develop 119 Single-Family Detached (SFD) Lots on a 78.6 Acre Parcel Located Along the East Side of Rancho Viejo Road and About 200 Feet North of Ortega Highway (APN 650-141-01, 0" Item No. F2. The following action was taken at the meeting: First reading and introduction of an Ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE HONEYMAN RANCH-RANCHO MADRINA PROJECT (WILLIAM LYON COMPANY, INC If you have any questions regarding this action, please contact William A. Ramsey, Principal Planner at 443-6334 for more detailed information. ha ky i M ona n, C C ity Clerk Enclosed: Cc: Thomas Grable, William Lyon Homes, Inc.*; John C. Condas, Nossaman, Guther, Knox & Elliott, LLP*; Molly Bogh, Planning Director; William A. Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future J� 32400 PASEO ADELANTO /d+ SAN JUAN CAPISTRANO,CA 92675 jy 00 FOAMED MEMBERS OF THE CITY COUNCIL (949)49a.1171 BSBBnISBEB 1961 SAM ALLEVATO (949)493-1053 FAX • 1776 . DIANE L.HATHGATE H,ti w sanjuan capis trano.of WYATT HART JOE DAVIDD M.M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 7, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of a Development Agreement for Tract Map 16221, a Tract Map to Develop 119 Single-Family Detached (SFD) Lots on a 78.6 Acre Parcel Located Along the East Side of Rancho Viejo Road and About 200 Feet North of Ortega Highway (APN 650-141- 01, 0" — Item No. F2 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, December 6, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member William A. Ramsey, Principal Planner. You may contact that staff member at (949) 443-6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Thomas Grable, William Lyon Homes, Inc.*; John C. Condas, Nossaman, Guther, Knox & Elliott, LLP*; Molly Bogh, Planning Director; William A. Ramsey, Principal Planner * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future r , 35400 PASEO ADELANTO �� ® A MEMBERS OF THE CRY COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493.1171 //,,jj SAM ALLEVATO (949)4931053 FAX • IaIVMItN THOMAS W.HRIBAR FSIAl11SMi1 1961 MARK NIELSEN wevw.sanjuancapistrano.org I776 JOE SOTO • • DR.LONDRES USO October 27, 2008 Clerk-Recorder's Office County of Orange P.O. Box 238 Santa Ana, California 92701 Re: Document for Recording — Notice of Completion Construction Improvements in Conjunction with the Development tract 16221 SENT VIA CERTIFIED MAIL The noted document is enclosed for recording: When placed of record, please return the recorded documents to this office. Thank you for your assistance. Very truly yours, Maria Morris Deputy City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future i, PriNetl on 100%recycled paper