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11-0419_HAJECK FAMILY TRUST_License Agreement LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made this 19th day of April 2011, by and between the CITY OF SAN JUAN CAPISTRANO, (hereinafter referred to as "City"), and Michael J. Hajeck and Teresa Hajeck, Co-Trustees of The Hajeck Family Trost, UTAD May 9, 1998, and any and all future property owners, (collectively hereinafter referred to as "Owner"), of the real property commonly described as 28482 Avenida La Mancha, San Juan Capistrano, Orange County Assessor's Parcel No. 664-101-06, and legally described as Parcel 1 of Lot Line Adjustment 10-002 in Document No. 2030000515935 ("Lot Line Adjustment 10-002"), as further described in Exhibit A which is attached hereto (hereinafter referred to as the "Property"). RECITALS WHEREAS, the original developer of Tract 1182E previously granted to the City an open space easement, relinquishing certain development rights and limiting any owner of the Property's use of that portion of the Property delineated on the Orange County Assessor's Map its Book 664, Page 10, (hereafter referred to as the "Open Space"), identifying the Open Space as that portion of the Property which is north of the hatched lime that traverses the Property and is identified as the "Open Space District Boundary" which covenant of easement is incorporated herein by this reference; and, WHEREAS, Owner desires to constrict a series of retaining walls, riding area, equestrian barn and accessory structures (collectively "Improvements") for the purpose of providing shelter for privately-owned or leased horses on the Property as shown on the Site Plan that was submitted to the City for approval, composed of a Preliminary Grading Pian (page 1), Grading Sections and Details (page 2), and Planting Plan (page 3), prepared by Toal Engineering, Inc., Job No. 14103 dated September 15, 2010, which is incorporated herein as Exhibit B (the "Site Plan"); and, WHEREAS, City Is amenable to allowing the construction of the Improvements on the Property and Open Space as shown on the approved Site Plan, as well as the use of the Open Space, as described below. NOW, THEREFORE, BE IT RESOLVED between City and Owner as follows: 1. Grant of License. City hereby grants to Owner a license to constrict and use the approved Improvements upon the Open Space, and, agrees to the construction of the Improvements as shown on the approved Site Plan, and the use of the Open Space, except as limited below. 2. Retaining Walls. The series of retaining walls shall not exceed 9'-6" of exposed face above the finished grade immediately adjacent to the respective retaining wall. The series of retaining walls shall be located where shown on the approved Site Plan. 3. All Other Improvements. All other Improvements constructed on the Open Space shall be located where shown on the approved Site Plan. 4_ Use of Riding Area. Use of the riding area created by the retaining wails shall be limited to horses personally owned or leased by Owner, Owner's extended family, neighbors and/or friends. Owner shall not allow the use of the riding area for profit by any other third party. 5. Use of Barn. Use of the barn shall be limited to the housing and care of horses personally owned or leased by Owner, Owner's extended family, neighbors and/or friends. Owner shall not use the barn to board horses owned or leased by any third parties for profit. 6. Use of Accessory Structures. Use of the accessory structures shall not be for habitable purposes. 7. Use of Open„Space. The development and use of the Open Space shall comply at all times with the City Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to such development and/or use. 8. Future Changes to the Accessory Structures. Any future changes to the accessory structures must first be reviewed and approved by the Development Services Department prior to construction, in accordance with the Municipal Code of the City. 9. Equestrian Trail Right-of- Ila . At no time shall construction or service vehicles block the City maintained public equestrian trail right-of-way, either during construction or during use of the equestrian facility. 10. No Public Right-of-Way, The granting by the City of this license to Owner to use the Open Space portion of Owner's Property as provided for in this Agreement, does not include any express or implied public right-of-way over any portion of the Property, other than the public's existing rights to use (i) the equestrian trial right-of-way, and (ii) the existing transportation right-of-way on or immediately adjacent to that portion of the Property identified as Avenida La Mancha. 11. Hold Harmless Provision. In consideration for City's granting of the license provided for in this Agreement and authorization of the construction of said retaining walls, riding area, equestrian barn and accessory structures, Owner hereby holds the City harmless from any claim or liability arising out of the license granted herein for the Owner's construction, use or maintenance of the retaining walls, equestrian barn, and accessory structures located in the Open Space. 12, Other Reouirements. Approval of this Agreement by the City, does not expressly or impliedly relieve the Owner from complying with any other applicable Federal, State, County or City regulations or requirements. 13. Terre. The license granted herein, and this Agreement, shall continue indefinitely unless terminated by, either party in the event of a material breach of any provision of the Agreement. 14. Termination Notice. In the event either City or Owner believes that the other has breached any material provision in this Agreement, the non-breaching party shall provide written notice to the other clearly describing the nature of the alleged breach within thirty (30) days of said breach occurring. The party allegedly in breach shall then have ninety (90) days in which to cure said breach, during which time the party providing notice of an alleged breach may not take any other actions to terminate this Agreement. In the event that any breach cannot be cured within said ninety (90) day period, the breaching party shall not be deemed to be in breach if such party has commenced curing the breach, and such breach is cured in a reasonable period of time thereafter. In the event of a non-curable default by either party, the other party's remedies shall be limited to monetary damages. 15. Right to Enforce Agreement. Upon the breach of any provision of this Agreement, either party shall have the right to specifically enforce the provisions hereof, and/or to seek monetary damages for any such breach. 16. Assignment of License. This Agreement, and the license granted herein, shall be assignable by Owner, without the consent of the City, only in connection with a sale or encumbrance of the Owner's fee interest in the Property. In all other circumstances, the license, and this Agreement, may only be assigned by the Owner with the consent of the City. 17. Entire Agreement. This Agreement, and the documents incorporated herein by reference, contain the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement, which have not been fully expressed herein. (Signature Page Follows) IN WITNESS WHEREOF, this License Agreement is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by Owner on the date setfortih before the name of each. City of San Juan apistrano DATED: BY: Sam Alleva o; Mayor ` aria Morris, 'Ci y lerk APPROVED AS TO FORM: ) 1A, Omar Sandovbl, City Attorney ✓ 3 ZZt Michael J. Ha)eek, Co- r stee of the Hajeck Family-Trust dated May 9, 1998 Teresa ®eyries-l~lajeck, o- ustee of l-Iajeck Family Trust dated May 9, 1998 Exhibit A In the City of San Juan Capistrano,County of Grange, State of California,being Lot 33 of Tract No. 11826,as shown on a Map recorded in Boob 563, Pages 19 through 26 inclusive, of Miscellaneous Maps, Official Records of said®range County. EXCEPTING THEREFROM the portion more particularly described as follows: Beginning at the most Northerly comer of said Lot 33,thence along the Northeasterly boundary of said Lot 33 South 60°81'46" EAst 85.56 feet;thence leaving said boundary South 58°39'02" West 76,02 feet;thence South 56°10'53" West 115.61 feet to a point in the Northwesterly boundary of said Lot 33;thence along said boundary North 30°38'22"East 170.43 feet to the POINT OF BEGINNING. TOGETHER WITH a portion of Lot 34 in said Tract No. 11826 more particularly described as follows: Beginning at the most. Southeasterly corner of said Lot 34,thence along the Southerly boundary of said Lot 34 North 78°35'00"gest 103.28 feet;thence leaving said boundary North 22109'38" East 35.35 feet;thence North 47°56'19"East 55.86 feet;thence North 53134'34"East 128.82 feet;thence North 56°10'53"East 83.31 feet to a point in the Easterly boundary of said Lot 34; thence along said boundary South 30°38'22'"West 248.10 feet to the POINT OF BEGINN NG. Exhibit Exhibit B consists of three (3) pages which are attached hereto and made a part hereof and are more fully described as a Preliminary Grading Flan (page 1 of 3), Grading Sections and Details (page 2 of 3), and Planting Plan (page 3 of 3) prepared by Toal Engineering, Inc., ,fob leo. 14103 dated September 15, 20100 f � . .._. _. •, � ,� `ter N VA : ry Y : € : _ Y l , F x� _ - 7777 , / ' ; _ f y �w I � . n•. : i i Ei( 1 rj Ed --- _ .,._ ._.� _ _,........_........ __ F ... ._... - - - ,.,._-. _.- _..._.. S A TA - l�. .• - i PARC 4 'fa(F(,3 i 626 a GtbY GA.dFQR9�h �Rhi 3 r r f Y { v 1 i I : t , 31 r ' I' v 1 is r i { ✓.�jf 3 # ( d t t� r l IlY - � f' 1 � , - f , I -REl.1MNARY GRADING F1 AN f Fd„ ��TC�plh9 ? Ya E s, ver r 3rexs'o ` _ € - - .zcxua^.:ct,srruc.U.7r0 �u RESOLUTION NO. 11-04-19-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GRADING PLANS FOR PROPERTY LOCATED AT 28412 AVENIDA LA MANCHA (ASSESSORS PARCEL NUMBER: 064-101-06) (HAJECK RESIDENCE) Whereas, Eldon Blasco, applicant has requested approval of a grading plan modification to allow the construction of a series of mechanically-stabilized earthen(MSE), terraced retaining walls with a maximum height of 9'6" .and would have a maximum exposed height of 8'-0"feet along the northerly and westerly property lines within a "dedicated development rights" area located at 28412 Avenida La Mancha which is General Plan-designated "2.0-Very Low Density Residential (0-1.0 du/acre)"and classified as Residential Estate (RSE) 20,000 and General Opens Space zone districts on the Official Zoning Map; and, Whereas, the City Council approval of Tract 11826 included "dedicated development rights"to the City over portions of certain lots in the subdivision including the subject property to provide for natural slope and open space preservation and any development within the "dedicated development rights"area requires City Council approval of a license agreement; and, Whereas, the City Council has approved a license agreement, thereby authorizing improvements to be made to real property located at 28412 Avenida La Mancha, otherwise referred to as Assessor Parcel Number (APN): 664-101-06 Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas,the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 4 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines;" and, Whereas, the Planning Commission conducted a duly-noticed public hearing on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments and recommended approval to the City Council of the proposed project; and Whereas the City Council of the City of San Juan Capistrano conducted a duly-noticed public hearing on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. 1 4/19/2011 NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed retaining walls, .grading and barn structure are located outside the General Plan-mandated 200-foot ridgeline buffer setback and are not located in any creeks or other unique hillside features. The proposed retaining walls are terraced and are minimized to the extent possible to accommodate the proposed use. The applicant has proposed a terraced, mechanically stabilized .earth (MSE) wall that has a slight slope (batter) and would be an earthen brown color to minimize the visual impacts. Further the applicant has proposed rounded walls at the corners of the proposed retaining walls to reduce visual impacts, except for the fop wall that due to the nature of the specific type of arena requiring a forty--five (45) degree angle. The first wall has a maximum of a 2:1 slope transition from the natural grade. The walls have a maximum of a 2:1 slope at the base of the wall and the top of the previous wall. In the transition area between the natural grade and the base of the first wall the applicant has proposed acacia plantings for screening consistent with the surrounding hillsides in the neighborhood. The terraced areas between the walls would be planted with Boston Ivy and Agave landscaping to provide screening to the walls. The applicant has proposed the planting of one California Pepper in the area between the middle wall and upper wall in the area directly adjacent to the equestrian trail. Because the proposed wall is located outside any ridgeline protection areas, incorporates a slightly sloped wail with a color consistent with the existing hillside and proposes landscaping to minimizes the visual impacts, he City Council finds that the proposed project is consistent with the General Plan, Municipal Code and Design Guidelines; and, 2. The applicant has proposed a series of three retaining walls for the construction of a dressage arena and accessory barn structures. Prior City Council action has established an informal policy allowing the development of open space-related uses within the "dedicated development rights" area subject to cc+ approval of a license agreement. Because the proposed equestrian arena and barn are incidental structures consistent with the approving tract map resolution, the City Council finds that the proposed project, with staff-recommended conditions, is consistent with the original subdivision design and grading concepts; and, 3. The applicant has proposed a series of two and three terraced retaining walls, setback from the front property line, approximately 53'-0" and.twenty feet from the side property line. Approximately 35'-0" of the proposed retaining wall is located directly adjacent to a public trail. This segment of retaining wall has a maximum exposed height of T-6"would return and terminate into the hillside, thereby reducing potential visual impacts from the adjoining multi-use trail to the south. Due to the extent of the wall setback, the use of terraced retaining walls, and the grade transitions that would blend the landform into the adjacent properties, the City Council finds the proposed project is consistent with this finding; and, 2 4/19/2011 4. The proposed grading plan indicates a proposed residential structure on the previously-graded, designated residential pad area of the lot. The proposed residence is located in the area designated for construction and meets all set hack requirements for the applicable district. The proposed detached accessory structure is located in the "dedicated development rights" area which has provisions for the construction of detached accessory structures. The proposed principal and accessory structures meet all setback requirements for the applicable zoning districts including slope setbacks. The City Council finds that the proposed structures meet all setback.requirements consistent with this finding; and, . 5. The proposed project design includes an appropriate storm water drainage pian that has been reviewed by City Engineering staff and determined to adequately address the onsite drainage. This is accomplished through the use of surface drainage (v- ditches) which connect to underground storm drains. Further, the applicant has proposed a natural swale at the toe of the slope and an inceptor drain which is connected to the storm drain via drainage inlet.The applicant has employed the use of terraced walls to minimize the visual impacts'of the walls and further reduces the potential visual impacts with appropriate landscaping. A segment of the proposed retaining wail adjoins an existing multi-use trail. However, the proposed retaining wall does not impact the existing trail in any way. The City Council finds that the proposed project design is consistent with the intent of this finding. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council finds City of San Juan Capistrano hereby approves the subject project, subject to those. conditions of approval contained in Exhibit A, attached hereto and incorporated herein. PASSED, APPROVED AND ADOPTED this 19th day of April, 2011. SAM LLEVATO, MOOR ATTESTvI ' i - MAR.1A ,fl R l ,CITY IRK 3 4/19/2011 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 11-04-19-05 was. duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19t' day of April 2011, by the following vote: AYES OUNCIL MEMBERS: Freese, Reeve, Taylor, and Mayor pro tem Kramer NOES: OUNCIL MEMBER: None ABSE COUNCIL MEMBER: Mayor Ailevato r ,t I # e MART I tAftTI 4 4/19/2011 EXHIBIT A RESOLUTION # 11-04-19-05 City Council CONDITIONS OF APPROVAL PROJECT LOG #. GPM 10-004 PROJECT NAME: Hajeck Residence These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. The subject project is for construction of a series of terraced retaining wails along the northerly and westerly property lines located at 28412 Avenida La Mancha which is General Plan-designated "2.0-Very Low Density Residential (0-1.0 du/acre)"and classified as Residential Estate (RSE) 20,000 and General Opens Space zone districts on the Official Zoning Map. This project approval is based on and subject to the application materials prepared by Toal Engineers Engineers dated and revised to September 15, 2010 including site plan(s), preliminary landscape plan(s), and preliminary grading plan(s), These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, snaps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Community Development Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the, defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, Resolution ##11-04-19-05 Conditions of Approval GPM 10-004 Na eck Residence Page 2 of 10 engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. _ 6. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. & The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. Prior to the final building inspection the applicant shall resubmit a revised landscape plan for review and approval by the Design Review Committee (DRC). All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) The following conditions of approval shall be met prior to issuance of grading permits for the project. 1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code and the Water Department fee schedule, as last revised, and post securities to ensure satisfactory performance of proposed on-site and off- site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street, and all appurtenant improvements. (PW-ENG) 1.2 Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all applicable street improvements, signing and striping, street lights, storm drains, water, sewers, recreational trails, landscape, irrigation systems, setting of surrey monuments and centerline ties. (PW-ENG) 1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, 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%a of the above estimated improvement costs Resolution#11-04-19-05 Conditions of Approval GPM 10-004 Ha eck Residence Page.3 of 10 as determined by the City Engineer. (PW-ENG) 1.4 Grading Plans. Prior to issuance of a grading permit, the applicant shall submit the required number of copies of grading plans, prepared by a Registered Civil Engineer, to the Engineering and Building Department for review and approval by applicable departments. Conceptual grading plans shall be subject to .review by the Design Review Committee. Precise grading shall be consistent with the approved conceptual grading plan and site plan. These plans shall show, at minimum, the limits of grading,. the drainage, any applicable retention/detention basins, sewer, water, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended enough to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the orange County benchmark datura. All drainage roust be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System (NPDES) requirements. In addition, the grading plans shall show the following information. (PW-ENG/CD) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (CD) b. Show and identify all pedestrian access ways and traffic crossings on the site plan. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and. shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes. Where pedestrian aisles cross driveways, enhanced paving shall be used. (CD) C, Areas to be protected from grading in order to protect environmental resources (biological, cultural, or historical), and method of protection proposed during grading operations. (CD) d. Location, height, materials and colors of any retaining walls. (CD) e. Show the location and method of screening for all ground-mounted equipment on the site plan, including but not limited to air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view. Screening shall be compatible with main structures and include landscaping where appropriate. (CD) f. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (ENG/PLN) 1.5 Drainage Improvement plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and 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. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing down stream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this Resolution ##11-04-19-05 Conditions of Approval GPM 10-004 Ha'eck Residence Page 4 of 10 project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, 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. (PW-ENG) 1.6. Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary, areas without exceeding the. capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (PW-ENG) 1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements for the project and preliminary pavement sections and substructure bedding/backfill recommendations. (PW-ENG) 1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and shall obtain approval for Erosion and Sediment Control Plans, using Best Management Practices prepared by a Registered Civil Engineer. These plans shall show, in accordance with the NPDES Permit, all temporary and/or permanent erosion and sediment control measures, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition. (PW-ENG) 1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement permits, for importation/exportation of soil in excess of fifty cubic yards in' and out of the project site, the applicant shall submit to the City Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. The Haul Route Plan shall specify dates, times, and headways for hauling activities. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees to the Engineering Department. (PW-ENG) 1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, the applicant shall submit to the City Engineer and obtain approval for Traffic Control Plans and final improvement plans for all traffic mitigation improvements, including both on-site and offsite, as identified in the approved Traffic Study prepared pursuant to City Council Policy 310. Any exception shall be subject to review and approval by the City Engineer (PW-ENG). 1.11 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of Resolution #11-04-19-05 Conditions of Approval GPM 10-004 Na Teck Residence Page.5 of 10 the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (PW-ENG) 1.12 Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise grading permit, for any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building' pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design. (PW-ENG) 1.13 Flood Control Channel Work. Prior to issuance of grading and right-of-way improvement permits, for any portion of the project containing an earthen flood control channel, the applicant shall submit to the City Engineer, a clearance from the appropriate State, Federal, and local agency having jurisdiction over any changes to the channel. (PW-ENG) 1.14 Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of- way improvement permits, the applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. (PW-ENG) 1.15 FEMA Requirements to Revise Flood Insurance Rate Ma (FIRM). Prior to issuance of grading and right-of-way improvement permits, for any property wholly or partially located within the 100-year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA. (PW-ENG) 1.18 Drainage Barrier between Slopes and Streets. Prior to issuance of grading permit, the grading and street improvement plans shall indicate and show that all street sections located within 20 feet or less, from the toe of the slope of 10' in height or more, are protected from underground wafter seepage by providing a positive drainage barrier system in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. 1.17 Connection to City Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. (PW- ENG) 1.18 Existing. .Easements. Prior to issuance of a grading permit, applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW-ENG) Resolution ##11-04-19-05 Conditions of Approval GPM 10-004 Na eck Residence Page 6 of 10 1.19 Permission to Grade from Others. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer, for any necessary off-site grading, a notarized written permission from adjacent property owners affected by said off- site grading. (PW-ENG) 1.20 Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW-ENG) 1.21 Orange County Fire Authority OCFA Approval. Prior to grading, street improvement plans, location of fire hydrants in the public right of way, emergency access including the spine access road, traffic/parking study, and the on-site driveway and loading zone emergency access areas of the proposed project shall be reviewed and approved by the Orange County Fire Authority (OCFA). 0. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 2.1 Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City-adopted edition of the applicable building codes. (B&S) 2.2 Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Community Development Commission, Design Review Committee, and/or Community Development Director (as applicable). Plans shall address the following: (CD) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof-mounted and building- mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view and designed to be an integral component of the building design. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof-mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate. C. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached. d. Location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and Resolution #11-04-19-05 Conditions of Approval GPM 10-004 Ha eck Residence Page 7 of 10 fixtures shall be decorative and complementary to the building architecture. 2.3 Find Landscape Plans. Prior to issuance of building permits, final landscape plans shall be submitted for all entry statements, common areas, landscaped slopes, and other HOA-maintained areas to the Community Development Department for review and approval by the Design Review Committee. Final landscape plans shall show the following information and requirements: (CD) a. Type, location, and size of all proposed new plant material. Proposed landscaping shall incorporate water conservation techniques and drought resistant plants. b. All trees on site to be removed and retained. Tree removals shall comply with the City's Tree Permit requirements. C. Turf areas shall be limited in area in designed to minimize overspray. Turf areas shall be separated from non-turf areas by a mow strip or header. d. All slopes of 2.1 and greater shall be permanently landscaped for erosion control. e. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. f. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. g. Location, height, materials and colors of all proposed and existing walls and fences. h. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. i. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. j. Trees shall be located so as to provide shade throughout parking lots, with a minimum of one (1) tree per six (5) parking spaces. k. Landscape planters shall be a minimum interior width of five (5) feet. Where landscape fingers abut parking spaces, they shall not extend closer than three (3) feet to the aisle end of the adjacent parking space. A twelve (12) inch wide paved landing strip shall be provided inside the curb, wherever a landscaped planter is located adjacent to a parking space such that passengers exit a vehicle into the planter. L Sidewalks adjacent to bead-in spaces shall be a minimum width of seven (7) feet. M. All landscape islands which are located at the front of head-in parking spaces shall be designed with a minimum two and a half (2-112) foot area free from vegetation where the front of a vehicle may overhang the planter. n. All parking areas located adjacent to public. or private streets shall be screened by low-profile wall, berm, or landscaped area, at least three (3) feet in height, designed to shield vehicles and headlight glare. o. All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. 2.4 Surety for Tree Preservation. The applicant shall provide surety in the form of a bond or other method as approved by the City Planner and City Attorney, to Resolution#11-04-19-05 Conditions of Approval GPM 10-004 Ha'eck Residence Page 8 of 10 ensure that trees to be preserved and/or planted on the site are protected during construction and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy. (CD) The following conditions and requirements shall be met continuously during construction, following issuance of any grading & building permits and prior to issuance of any occupancy permits: 3.1 Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW-ENG) a. Erosion Control Plan b. Haul Route Plan C. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(CD) 3.2 Pre-construction Meeting. Contractor shall attend a pre-construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (PLN-B&S) 3.3 Drainage . Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW-ENG) a, if any drainage problem is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Engineer at no cost to the City, and submit a recorded instrument to insure the future of the solution. (PW-ENG) 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 supplemental Geotechnical Soils Report and additional fees. (PW-ENG) 3.4 Grading to be continuous operation. All grading work shall be performed in either one continuous operation or in phases that have been approved by the City. (PW-ENG; PLN-B&S) 3.6 Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (PW-ENG) 3.6 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal hpliday.(CD) 3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (CD) Resolution x`11-04-19-05 Conditions of Approval GPM 10-004 Ha jeck Residence Page 9 of 10 The Following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: 4.1 Com lete ail-_.[m provements to the City's Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved ,exceptions. In the case of a phased project, the provisions of this condition shall be applied to each phase (PW-ENG) 4.2 Provide As-Built M tars/Di ital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW-ENG) 4.3 Monumentation Restored and Corner Records Filed with County. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (PW-ENG) 4.4 Installation of Landsca in . Prior to approval of final inspection (of each phase) the developer shall install all landscaping and irrigation. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Community Development Department. (CD) 4.5 Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the City Planner. (CD) 4.6 Final Community Development Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Resolution #11-04-19-05 Conditions of Approval GPM 10-004 Na jeck Residence Page 10 of 10 Community Development Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Community Development Department shall not conduct a final inspection until any outstanding balance has been paid in full. (CD) Responsible Departments/Agencies: CD: Community Development Department CD-B&S: Community Development-Building & Safety PW-ENG: Public Works-Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority AF FIDAV T OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) PROOF OF PUBLICATION 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 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 � Count,of Oran e State of California, on June 7 1 "®Tllcm®F J ' pe, WEAR9 6 C' ''Oot sew aUAN dAPI$rt a 1984, Case No. A-122949 in and for the City of NOTICE IS 'HeFtftX IGIVE that on the 39th day ot': San Juan Capistrano, County of Orange, State of 'April 2011;at 600 PM,,,in the Criy Cour ci€Gharnber 32400 Paseo Adelantb SQn_JU.an Capistrapo California the at Corinc€1 vi€ll hotel a pubic fieanng on the following California; that the notice, of which the annexed ��ora�slaiati�®IlGrad,o��,��m � (GPM)10 404 t9aJsok Res deota is a true printed copy,has been published in each A raqueat for the eonstrucnnn of a&cies tee= verdure' retain ingwatts,alongg the,fr.nt am p e yyards with a maxi regular and entire issue of said newspaper and arum exposed;he€g :of t3 d3 located at Eocated at 28412; Avenida i-a:Manoha,located approximately 7tt2;1eat south ot:f aseo IsabeYa located adjacent to the-intersection of not in any supplement thereof on the following Avenida La Mancha andNia Mambrtno and more spacrficai ly-referred to:as Flsses'sor;Parcel Nurgi6er.664 101 3# dates,to wit: This project has been reviewed m accordance with the Cali forma�nvironrnentai Quality Act,(GQCA) The,Qity6 Fnvi ronmenial Adii m€strator ties datam€irJed that the roleat is April 7,2011 cateonoally exempt per Ssc4ian 95304 Class 4-Minor At- terat�ons to tand) of ihs CEQA Guidsirnes,agcL€g exempt;` €rare further env€rasimehtal:rev3ew "I certify (or declare) under the penalty of Thosedasiringto be heard in tavar of or opposition io thin item Will be even an oppaitundy to do$o during.such hear perjury udder the laws of the State of California in8: Writtep,inforr€atiac€pp'erta€' l9 to this'Itam must be sub, . m€teed to the kC.ity Clerk by 5 Ott A m.;on Monday pole, 201# at 32400:Paseq AdBlarrlo San Juan Cappistrano GA that the foregoing is true and correct": 9126759.,'And€viduais dasrriig to submit late widen tMorma tio{j'at the meeting must,or ly,r uesfsuch action Executed at Santa Ana,Orange County, For further'in icismabb.n piease contact Justin Kirk senior en ; California On Managemt-Analys€ ate(949# 4935361 by="email .at. jk€ik@sapjuar€cap€stranc qrgaria orris or bytaz at(949)661,-5451. Date: April 7,201I A Ia neo Rls,olry cLr RK Capistrano-VsIS®y News Apnl 7,:2011 =935374;3:.;,: l U7 gnature Cap trano Valley News , 625 N.Grand Ave. Santa Ana,CA 92701' (714)796-2209 4 -. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange j PROOF OF PUBLICATION 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 parry to or interested 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©range, State of California, on June 7, 1984, Case No. A-122949 in and for the City of . ' lt�iiCE P.O... i 1PSG . CI a+1F �i 1uAt�CAA�?1f:1 RAdL48 San Juan Capistrano, County of Orange, State of 1 a.*116C i$ @1ERSB OWE t1r that on the 39th day vi, California; that the notice, of which the annexed Apnl 2017, e M P M in the. Ai.Council chain .... Paseo Adelanto, an Juan Capistrano;Saltfo?n€a the C fty. is a true printed copy,has been published in each G6666€1 Will fiafd a public hearmg�n the tollovnng Coctsid�eatlofi'af�raaling Pian ltindlitCmi�oen PIM1I9fii64 HRjov k�es8t9®ncs regular and entire issue of said newspaper and request tar the construct€on of a renes terraced verdure reta'n wa{ts aI.. gthe front and ssds yards wdh a max not in any supplement thereof on the following mum exposed heiglt1"of a 4 located It so t s f+vemd8"La Mancha,;located apprax€matety.;, di Faso Isabstia, looat�d adlacent to Sha-intersection:oi; dates,to wit: Avenida La":Mancha and Via Manikinno'and more spaaficai IY referred to as Assessor Parce!Ptumber 664?41i April 7,2011 This gro'eet ins been Yev€e,wed in so with the kali fora€a Environmental..Qualn'Act(CEQA) Tlie GEW �onmentai#5dministrator has determmetl that'.the prole d.I Gcrtify (or declare) under the penalty of categonslally exsmptper Seatan't5344 Class 4 tmorAl• ter ahons J. l antl)of ilia GEQA Cwdehnes +tS as arsYnpt perjury under the laws of the State of California fro fu anvlronmental rev€ew. Those dastrmgg to"tie heartl in favor of or aiposttion to,tis. „ i€tam w€IS be.Slveman opportunity to do sa unn sueir hear- that the foregoing is true and correct mg WritfF3h ur€armatidn ppertaining to t. item must ba,s ab- m tied to ilia Grty Clerk by 6 04=p m on Mcnday ApnL S8, Executed at Santa Ana,Orange County, 2011 at 82.400 Paseo'Adeianto, San Juan Capistran5>'eA 92&75 Individuals desiring to submit late wnttan mfofi7aa- California, on tion atxhstnset€ng must or 1! sucfa act on Par iurthsr tnformat'onplease contact Justin €irk Senear s Management Analyst. at (949} 4436381 b e-ma=S: "at: Date: April 7,2011 lklrk(gsatfjuancap€straTso org or by fax at(gag)667 SM1St,, 16.f is Moms MARikMORRIS,CITY GLEF11 Cap�rana Valley Mews April 7 201f=- 9353 03 ignature Cap trano Valley News r , 625 N.Grand Ave. m Santa Ana,CA 92701 :w� (714)796-2209 3/31/2011 11:16 OCRFGXI [ 2/2 NOTICE OF PUBLIC HEARING CITY OF STAN JUAN CAPISTRANO NOTICE IS HERSBY GIVEN, that on the 13th day of April.2011,at G_00 P .in tN,City Cou7rorl Cnamdee,32400 - Paseo Adelan&n,San.Auan Gapisxano,Gut€fuvnia, ine City Cpurcil will tlofd a p=ab[kc nearsng ar>the[d!lr;wrn C Consideration of Gradinq Plan Modification ;QPM)1"04 Hal eck Residence A request fo! iTiH const jctiorr of e Selie5 feEraced verdura retaining walls alt4'1a to from and side yards wilt a max',- . Aunt exposed heigi5k crti's" :coated at located at 2341? - Avenida La`Asnchia,I[:;aied ep'1)oxima�ely 742 feet sooTi of Paseo isaballa, ici adjacent to the iraersec4on o1 Avenida La Mancha and Via Manib,,inu�id more sped5cal- 1y referred to as Asaessor Parcel Number 664-10!-a. n p7dect has baen reviewed in accordance wi t the Calt- fornia Environmental Qostl¢N Act fC-FGA1. Th?Ciiy's E w raimsntal Administrator has deterrrvrled trial Ede ttr-weat is - oaw,,orwally exemiA Ger Se0cr 163D4,CIasS 4(Ninon Ai- larGaOns P:Land,of the CGQA Guideiine5 and Es(2xfr ict from fur?her review Those dosirinLj tr,be heard En favor of or©p Si6iaz to,uals ae rr€w=II be;divan an o0poi€unity to de so durnq such'mar- _ mQ. Written infamatipn E7erLti:!Iin,q U'D(his i€em must be sab- €riiited to the City Clerk by 5.09 Fest,on Monday,Apri118, 201at 22A©0 Paseo Adeianto, San Alan CSIs ano, CA 92675 Ind',IdUals deS ii tc smE)lit',iYjw*r€Itrn i 6cn at 4te rmeonq must ovally requW such ac90=7. For fUi;he: inrcrmeti C" please contact Ju8tin Kirk, SGni .Bnagen,.*N A-WFVSi 2t (343} 445-6381, ii P-mall itt IKirKCa586€1WanCaplSlr3710 oq,or by fax at 19481 15 i1 5A51 ISfM�'ia Nen€t9 - MAIYIAtlCHRIS,0I1Y01-tRK Capistrano Valley News April 7,20':1 28537€33 3/31/2011 11:16 OCRFAI L 1/2 ORANGEC0 I "I Y TLEGISTUCL COMMUNICATIONS Fax Message o: Fax: 19494931053 Subject: att:n: Chrsityl .Tall Date: 03131/2011 11: 15:38 AM Pages: 2 , including cover page From: Jennifer Chavez E-mail: Jchavez(�ocregister.cozn. Phone: Fax: 714-347-2578 Company: Orange County Register Address: 625 N. Grand Ave. Santa Ana, CA. 92701 NOTICE OF TRANSMITTAL CAPISTRANO VALLEY NEWS Legal Publications CHARGE TO ACCOUNT NO. 0041125000 FOR PUBLICATION ON: THURSDAY, APRIL 7, 2011 DOCUMENT TO BE PUBLISHED: NOTICE OF PUBLIC HEARING - Grading Pian Modification (GPM) 10-004 Hajeck Residence PROOF OF PUBLICATION Please send to: City Clerk's Division, City Hall 32400 Paseo Adelanto San Juan Capistrano, CA 92075 (949) 493-1171 AUTHORIZED BY: f Marl" M, Tris, City �irk DATE: March 25, 2011 Date of Public Hearing - 04/19/2011 Date notice published - 04/07/2011 Date affidavit received - Date notice posted in designated posting places (3) - 04/07/2011 Date of mailing notice to interested parties - 04107/20 X 6,�,V- Qapvo— t1�� . U.1Ar NOTICE OF PUBLIC HEARING l iib CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 19th day of April, 2011, at 6:00 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: Consideration of Grading Plan Modification (GPM) 10-004 Hajeck Residence A request for the construction of a series terraced verdura retaining walls along the front and side yards with a maximum exposed height of 8'-0" located at located at 28412 Avenida La Mancha, located approximately 782 feet south of Paseo Isabella, located adjacent to the intersection of Avenida La Mancha and Via Mambrino and more specifically referred to as Assessor Parcel Number 664-101-31 This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the project is categorically exempt per Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines and is exempt from further environmental review. Those desiring to be heard in flavor 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 5:00 p.m., on Monday, April 18, 2011 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 please cont ct�4dl' t n Kirk, Senior Management Analyst at (949) 443- 6381, by e-mail at jkirk@sanjuanca listr � .` rg, or by fax at (949) 661-5451 MARL M )RIS, C11"Y, CLERK FOR OFFICE USE ONLY: STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) AND PUBLICATION I, MARIA MORRIS, declare that I am the duly appointed and qualified City Clerk of the City of San Juan .Capistrano; that on April 7, 2011, 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 April 7, 2011, the above Notic was,Apublished in the Capistrano Valley News newspaper. I declare under penalty of p(4rju at he foregoing is true and correct. MA I R IS, CITY CLRK of an Ju n Capistno, California STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss AFFIDAVIT OF MAILING CITY OF SAN JUAN CAPI.STRANO ) 1, Kristen Lewis, hereby declare that on April 7, 2011, 1 delivered to the Post Office at 32124 Paseo Adelanto, San Juan Capistrano, CA 92693, a postcard to the attached list of recipients. This postcard is a Notice of Public Hearing for a meeting on April 19, 2011. 1 declare under penalty of perjury that the foregoing is true and correct. Dated this 7th April, 2011. KRISTEN LEWIS, ADMINISTRATIVE SPECIALIST City of San Juan Capistrano, California City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Resident 31501 PASEO CHRISTINA SAN JUAN CAPISTRANO, CA 92675 PUBLIC HEARING NOTICE CITY MANAGERS DEPARTMENT PUl3L.IC HEARING NOTICE City of San Juan Capistrano Dear Resident/Property Owner: NOTICE IS HEREBY GIVEN, that on the 19th day of April, 2011, at 6:00 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: Consideration of Grading Plan Modification (GPM) 10-004 Hajeck Residence A request for the construction of a series terraced verdura retaining walls along the front and side yards with a maximum exposed height of 8'-0" located at located at 28412 Avenida La Mancha, located approximately 782 feet south of Paseo Isabella, located adjacent to the intersection of Avenida La Mancha and Via Mambrino and more specifically referred to as Assessor Parcel Number 664-101-31 This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the project is categorically exempt per Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines and is exempt from further environmental review. 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 5:00 p.m., on Monday, April 18, 2011 at 32400 Paseo Adelanto, San Juan Capistrano, CA 9275. Individuals desiring to submit late written information at the meeting must orally request such action. For further information please contact Justin Kirk, Senior Management Analyst at (949) 443-6381; by e-mail at jkirk@sanjuancapistrano.org, or by fax at (949) 661-5451. /s/Maria Morris City Clerk Resident PROP—ADDRESS PROP_CITY,PROP_STATE PROP_ZIP Resident 31506 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31512 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31516 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31501 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31497 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31515 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31505 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31511 PASEO CHRISTINA SAN JUAN CAPISTRANO,CA 92675 Resident 31641 VIA CERVANTES SAN JUAN CAPISTRANO,CA 92675 Resident 31682 VIA CERVANTES SAN JUAN CAPISTRANO,CA 92675 Resident 31671 PASEO ISABELLA SAN JUAN CAPISTRANO,CA .92675 Resident 31681 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 28311 VIA FERNANDO SAN JUAN CAPISTRANO,CA 92675 Resident 31642 VIA CERVANTES SAN JUAN CAPISTRANO,CA 92675 Resident 31661 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 31662 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 31672 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 31682 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 31692 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 31702 PASEO ISABELLA SAN JUAN CAPISTRANO,CA 92675 Resident 28332 VIA FERNANDO SAN JUAN CAPISTRANO,CA 92675 Resident 28322 VIA FERNANDO SAN JUAN CAPISTRANO,CA 92675 Resident 28312 VIA FERNANDO SAN JUAN CAPISTRANO,CA 92675 Resident 28312 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28352 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28412 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28482 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28582 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28521 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28551 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28581 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 31882 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31902 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31922 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31942 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31952 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31962 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31972 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31971 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31961 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31941 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31911 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 31881 PASEO SAGRADO SAN JUAN CAPISTRANO,CA 92675 Resident 28481 VIA MAMBRINO SAN JUAN CAPISTRANO,CA 92675 Resident 28451 VIA MAMBRINO SAN JUAN CAPISTRANO,CA 92675 .Resident 28432 VIA MAMBRINO SAN JUAN CAPISTRANO,CA 92675 Resident 28452 VIA MAMBRINO SAN JUAN CAMSTRANO,CA 92675 Resident 28484 VIA MAMBRINO SAN JUAN CAPISTRANO,CA92675 Resident 28481 AVENIDA LA MANCHA SAN JUAN CAMSTRANO,CA 92675 Resident 28451 AVENIDA LA MANCHA SAN JUAN CAMSTRANO,CA 92675 Resident 28431 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28411 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28391 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28371 AVENIDA EA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28351 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28331 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28311 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 28291 AVENIDA LA MANCHA SAN JUAN CAPISTRANO,CA 92675 Resident 31531 VIA SANTA MARIA SAN JUAN CAPISTRANO,CA 92675 Resident 31531 VIA SANTA MARIA SAN JUAN CAPISTRANO,CA 92675 Resident 31495 JULIANA FARMS RD SAN JUAN CAPISTRANO,CA 92675 Resident 28223.VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28272 ViA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28296 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28295 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28291 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28281 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28271 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28261 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28251 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28231 VIA RUEDA SAN JUAN CAPISTRANO,CA 92675 Resident 28311 PASEO CORRALES SAN JUAN CAPISTRANO,CA 92675 Resident 28321 PASEO CORRALES SAN JUAN CAPISTRANO,CA 92675 Resident 28331 PASEO CORRALES SAN JUAN CAPISTRANO,CA 92675 Resident 28322 PASEO CORRALES SAN JUAN CAPISTRANO,CA 92675 Resident 28381 PASEO ESTABLO SAN JUAN CAPISTRANO,CA 92675 Resident PO BOX 3898 DANA POINT,CA 92629 Resident 1010 N ROSS ST 200 SANTA ANA,CA 92701 Resident 11620 PINEY SPRING RD POTOMAC,MD 20854 Resident 19100 VON KARMAN AVE 620 IRVINE,CA 92612 Resident 67 CIUINTESSA OR LAS VEGAS,NV 89141 Resident 19100 VON KARMAN AVE 620 IRVINE,CA 92612 Resident 28482 CALLS PINON SAN JUAN CAPISTRANO,CA 92675 Resident PO BOX 1149 SAN JUAN CAPISTRANO,CA 92693 Resident 227 20TH ST 100 NEWPORT BEACH,CA 92663 Resident 31301 ANDRES PICO RD SAN JUAN CAPISTRANO,CA 92675 Resident 748 N POPLAR ST ORANGE,CA 92868 Resident 19800 MACARTHUR BLVD 700 IRVINE,CA 92612 Resident 14525 SW MILLIKAN WAY BEAVERTON,OR 97005 Accell Property Management 23046 Avenida de Carlota,Suite 700 Laguna Hills,CA 92653 AMMCOR 1062 Calle Negocio,Suite F San Clemente,CA 92673 Classic Property Management 16470 Bake Pkwy Irvine,CA 92618-4665 CMC Management Company PO BOX 909 Brea,CA 92822-0909 CMC Management Company 2492 Walnut Ave.Suite 120 Tustin,CA 92780 co unk-name from CIS 4490 Von Karman Newport Beach,CA 92660 Coastal Resource Management 27132 Paseo Espada"B"Suite 1201 San Juan Capistrano,CA 92675 Common Interest Management Co. 3551 Camino Mira Costa"N" San Clemente,CA 92672 Excel Property Management 23046 Avenida de Carlota Ste 700 Laguna Hills,CA 92653 Irvine Association Services P.O.Box 4811 Irvine,CA 92616 Sycamore Plaza 32118 Paseo Adelanto 11 AF San Juan Capistrano,CA 92675-3620 Keystone Pacific Property Mgmt,lnc. 16845 Von Karman,#200 Irvine,CA 92606 Laguna Shores Property Management 26131 Marguerite Suite D Mission Viejo,CA 92692 Farella Braun&Martel LLP,Attn:Mark D.Petersen 235 Montgomery Street,Russ Building San Francisco,CA 94104 Marbella Golf&Country Club 30800 Golf Club Drive San Juan Capistrano,CA 92675 MCM,LLC 1900 East Warner Ave,Suite 1 P Santa Ana,CA 92705 Mission Management Co 27285 Las Ramblas Ste 170 Mission Viejo,CA 92691 Casas Capistrano Association, Inc. PO Box 82 San Juan Capistrano,CA 92693-0082 Los Corrales Homeowners Review Committee 28251Paseo Corrales San Juan Capistrano,CA 92675 Malaspina Homeowners Association 26801 Paseo Atrevida San Juan Capistrano,CA 92675 Mission Glen Homeowners Association P.O. Box 189 San Juan Capistrano,CA 92693-0189 Rancho San Juan Estates 26112 Paseo Minero San Juan Capistrano,CA 92675 Saddleback Capistrano Homeowners Assoc. P.O-Bax 73 San Juan Capistrano,CA 92693-0073 San Juan Hills Community Assoc 27212 B Via Capote San Juan Capistrano,CA 92675 San Juan Hills Community Assoc. 27112-C Paseo Burladero San Juan Capistrano,CA 92675 SJHILLS EAST HOA 1 27433 Ave Larga San Juan Capistrano,CA 92675 SJHILLS EAST HOA 2 P.O-Box 795 San Juan Capistrano,CA 92693-0831 SJHILLS EAST HOA 3 31996 Via La Plata San Juan Capistrano,CA 92675 SJHILLS EAST HOA 4 27212 B Via Ca pate San Juan Capistrano,CA 92675 SJHILLS EAST HOA 5 32097 Via Buena San Juan Capistrano,CA 92675 SJHILLS EAST HOA 7 32163 Via Bar rida San Juan Capistrano,CAA 92575 Tierra Del Caballo Homeowners Association 28525 Paseo Diana San Juan Capistrano,CA 92675 Vista Fuente-Casitas Capistrano III HOA 26515 Calle Lorenzo San Juan Capistrano,CA 92675-1672 Verde San Juan Estates 1525 W.Commonwealth Ave. Fullerton,CA 92.833 Optimum Property Management 17731 Irvine Blvd Suite 212 Tustin,CA 92780 PCM 23726 Birtcher Dr Lake Forest,CA 92630 Progressive Community Management 27405 Puerta Real Suite 300 Mission Viejo,CA 92691-6372 S&L Management P.O.Box 238 San Juan Capistrano,CA 92693 San Juan Hills Golf 32120 San Juan Creek Road San Juan Capistrano,CA 92675 Sea Breeze Management Co. 39 Argonaut,#100 Aliso Viejo,CA 92656-1423 Total Property Management 2 Corporate Park,#200 Irvine,CA 92606 TPMS 1536 E.Warner Ave.,Suite A Santa Ana,CA 92705 Trans Pacific Property Mgmt,inc. 15661 Red Hili Ave Suite 201 Tustin,CA 92780 TSD Management PO BOX 4878 Orange,CA 92863-4878 TSG Independent 27129 Calle Arroyo Ste 1802 San Juan Capistrano,CA 92675 Dana Pacific Management Services 32565 Golden Lantern#6370 Dana Point,CA 92629 William Lyon Property Management Co. 26451 Camino de Vista San Juan Capistrano,CA 92675 San Juan Hills Community Assoc.##Vi West 29101 Paseo Lomita Laguna Niguel,CA 92677 Serra Plaza 31877 Del Obispo St.,Suite 209 San Juan Capistrano,CA 92675 Rob Vardon,Capistrano Valley News 22481 Aspan Street Lake Forest,CA 92630 Gil Reza,Los Angeles Times 1375 Sunflower Ave Costa Mesa,CA 92626--1697 Michael Cornado,The Register 625 North Grand Avenue Santa Ana,CA 92701 Jonathan Volzke,Capistrano Dispatch PO Box 595 San Juan Capistrano,CA 92693-0595 Chamber of Commerce 32421 La Mantanza Street San Juan Capistrano,CA 92675 Honorable Council Member Laura Freese 26332 Paseo Toscana San Juan Capistrano,CA 92675 Honorable Council Member John Taylor 31661 Los Rios San Juan Capistrano,CA 92675 Honorable Council Member Derek Reeve 25745 Anchor Circle San Juan Capistrano,CA 92675 Honorable Mayor Sam Allevato 31481 Paseo Campeoa San Juan Capistrano,CA 92675 Honorable Mayor Pro Tem Larry Kramer 28371 Paseo Establo San Juan Capistrano,CA 92675 4/19/2011 AGENDA REPORT E2 TO: Dave Adams, Interim City Manager FROM: Grant Taylor, Development Services Director SUBJECT: Consideration of Grading Plan Modification (GPM) 10-004, Hajeck Residence; a Request for Approval of Development Plans for the Construction of a Series Terraced Retaining Walls Along the Front and Side Yards with a Maximum Exposed Height of 9'-6" Located at 28412 Avenida La Mancha (APN 664-101-06) RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and then by motion, 1. Approve the attached license agreement. 2. Adopt the attached resolution thereby approving Grading Plan Modification (GPM) 10-004, to permit the construction of a series of retaining walls along the front and side yards of real property located at 28412 Avenida La Mancha otherwise referred to as Assessor Parcel Number (APN 664-101-06). SITUATION: The proposed project consists of the construction of a series of terraced retaining walls along the front and side yards of an undeveloped residential lot within that.portion of the lot where the development rights have been previously dedicated to the City. The applicant has proposed the importation of 3,950 cubic yards (CY) of soil. The proposed retaining walls would have a maximum height of 9'6" and would have a maximum exposed height of 8'-0", The proposed project is located in a private gated community and is adjacent to private streets as well as a public equestrian trail. The applicant has received approval from the Hidden Mountain Estates Homeowner's Association, as well as the contiguous and adjacent property owners. Summary and Recommendation: The proposed equestrian use and development of a dressage arena and barn is consistent with prior City Council approvals which have limited development in the "dedicated development rights" area to equestrian uses and incidental structures. Therefore staff would recommend conditional approval of the proposed project. Agenda Report Page 2 April 19, 2011 Background: The proposed project is located in Hidden Mountain Estates, a gaffed residential community. The applicant has received approval from the adjacent property owners as well as the Hidden Mountain Estates Homeowner's Association. No site work has previously been performed associated with this request. The subject grading is located on a portion of the lot that is part of an Open Space Preservation easement through the dedication of development rights to the City as part of the final map for Hidden Mountain Estates, and is zoned General Open Space (GOS). The tract map approving resolution included specific conditions of approval that required the dedication of portions of certain lots for open space preservation purposes, with provisions that allow for the specific development of open space-related uses of the land (see Attachment 3, City Council Resolution 82-9-7-1). Specifically, the conditions allow "keeping of horses" and incidental detached accessory uses/structures. Staff reviewed similar requests and has identified the following cases for comparison (note: all the following prior cases involve lots in the Stoneridge Subdivision which are also subject to "dedicated development rights." To staff's knowledge, the . proposed project is the first request that the City has received to allow improvements within the Hidden Mountain Estates "dedicated development rights" area): On August 18, 1981, the City Council reviewed a request by James Carmack, a proposal to construct both an equestrian barn and single family residence in the dedicated development rights area of Lot 31, Tract 6381 (reference Site Plan Review (SPR) 81-02). Finding that the project was inconsistent with the intent of the "OS" District, in particular the proposal to construct a residence in the "dedicated development rights" area, the City Council denied that project. On August 17, 1982, the City Council considered a license agreement to allow grading and private barns within the dedicated development rights area for Loft 40 (29901 Hillside Terrace), Lot 41 (29891 Hillside Terrace), and Lot 42 (29871 Highview Circle) of Tract 6381. Each of the proposed barns would be approximately 340 square feet and would accommodate no more than two horses. Council conditionally approved the license agreement. On August 4, 1987, the City Council considered a license agreement on behalf of Mr. Beck requesting approval to allow grading and construction of an 880 square foot covered equestrian paddock in the dedicated development rights area of Lot 35, Tract 6381 (reference Site Plan Review (SPR) 87-05). The'Council conditionally approved the license agreement. On December 6, 1988, the City Council considered a license agreement on behalf of Mr. Jerry Harper requesting approval to allow grading and construction of a private barn and riding arena in the dedicated development rights area of Lot 31, Tract 6381 Agenda Report Page 3 April 19, 2011 (reference Site Plan Review (SPR) 88-06). The Council conditionally approved the license agreement. On January 24, 1989, the Planning Commission approves( the site plan by a 3-2 vote to allow construction of a 1,320 square foot equestrian barn with 3,800 square feet of roof coverage and a 120' by 60' riding arena. The Commission vote split over the issue of building size and intensity. Dissenting Commissioner's stating that the size of the proposed structure was not compatible with the residential scale of the neighborhood. On March 6, 1990, the City Council conditionally approved a license agreement by Robert Mayer to allow construction of an 880 square foot covered equestrian paddock in the dedicated development rights area of Lot 36, Tract 6381 (reference Conditional Use Permit (CUP) 89-12). On February 9, 1999, the Planning Commission conditionally approved a Conditional Use Permit (CUP 98-08) and on March 16, 1999, the City Council approved a license agreement to allow Pat and Soto Kafetzopoulos to construct a 2,412 square foot private stable on that portion. of their lot where all development rights have been dedicated to the City. The 1.95 acre parcel is located on the west side of Highview Circle with that portion of the lot fronting Highview Circle zoned "ES" (small estate) and the rear portion of the lot including the proposed stable location zoned "OS" (open space). The proposed equestrian use and development of a dressage arena and barn is consistent with prior City Council approvals which have limited development in the "dedicated development rights" area to equestrian uses and incidental structures. Environmental Processinw. This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the project is categorically exempt per Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines and is exempt from further environmental review. Findings, Grading Plan Modification. Section 9-2.323 of the Title 9, Land Use Code establishes the following findings required for approval of a Grading Plant Modification: (1) Are the proposed grading modifications consistent with the General Plan Land Use Code Desi n Guidelines and applicable specific plan or comprehensive development, including but not limited to requirements for rid eline protection, natural landform grading, minimizing use and height of retaining walls and effective use of landscaping for erosion control and aesthetics? The proposed retaining walls, grading and barn structure are located outside the General Plan-mandated 200-foot ridgeline buffer setback and are not located in any creeks or other unique hillside features. The proposed retaining walls are terraced and are minimized to the extent possible to accommodate the proposed use. The applicant has proposed a terraced, mechanically Agenda Report Page 4 April 19, 2011 stabilized earth (MSE) wall that has a slight slope (batter) and would bean earthen brown color to minimize the visual impacts. Further the applicant has proposed rounded walls at the corners of the proposed retaining walls to reduce visual impacts, except for the top wall that due to the nature of the specific type of arena requiring a forty-five (45) degree angle. The first wall has a maximum of a.2:1 slope transition from the natural grade. The walls have a maximum of a 2:1 slope at the base of the wall and the top of the previous wall. In the transition area between the natural grade and the base of the first wall the applicant has proposed acacia plantings for screening consistent with the surrounding hillsides in the neighborhood. The terraced areas between the walls would be planted with Boston Ivy and Agave landscaping to provide screening to the walls. The applicant has proposed the planting of one California Pepper in the area between the middle wall and upper wall in the area directly adjacent to the equestrian trail. Because the proposed wall is located outside any ridgeline protection areas, incorporates a slightly sloped wall with a color consistent with the existing hillside and proposes landscaping to minimizes the visual impacts, staff recommends that the City Council find that the proposed project is consistent with the General Plan, Municipal Code and Design Guidelines. (2) Are the proposed grading modifications generally consistent with the approved site Ianpreliminary grading Ian landscape plan, grading standards and design concepts of the original project as approved by the reviewing authority? The grading concept for Tract 11826, Hidden Mountain Estates established specific building pad areas for residential development and used the "dedicated development rights" restriction to preserve the natural slopes on individual lots in the subdivision. The applicant has proposed a series of three retaining walls for the construction of a dressage arena and accessory barn structures. Prior City Council action has established an informal policy allowing the development of open space-related uses within the "dedicated development rights" area subject to City Council approval of a license agreement. Because the proposed equestrian arena and barn are incidental structures consistent with the approving tract map resolution, staff recommends the City Council find that the proposed project, with staff-recommended conditions, is consistent. with the original subdivision design and grading concepts. (3) Will the proposed grading remain consistent and compatible with immediately- ad'acent lofts or units including but not limited to blending of slopes with adjacent property boundaries rounding of slopes at both top and bottom to blend the grading into the existing terrain and a design which harmonizes the design with the natural contours of the property and surrounding lots? The applicant has proposed a series of two and three terraced retaining walls, setback from the front property line, approximately 53'-0" and twenty feet from the side property line. Approximately 35'-0" of the proposed retaining wall is located directly adjacent to a public trail. This segment of retaining wall has a maximum exposed height of 7'-6" would return and terminate into the hillside, thereby reducing potential visual impacts from the adjoining multi-use trail to the south. Due to the extent of the wall setback, the use of terraced retaining walls, and the grade transitions that would blend the landform into the adjacent properties, staff recommends that the City Council find that the proposed project is consistent with this finding. Agenda Report Page 5 April 19, 2011 (4) The proposed modified grading plan shows the location of any proposed buildin footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title? The proposed grading plan indicates a proposed residential structure on the previously-graded, designated residential pad area of the lot. The proposed residence is located in the area designated for construction and meets all set back requirements for the applicable district. The proposed detached accessory structure is located in the."dedicated development rights" area which has provisions for the construction of detached accessory structures. The proposed principal and accessory structures meet all setback requirements for the applicable zoning districts including slope setbacks. Staff recommends that the City Council find that the proposed structures meet all setback requirements consistent with this finding. (5) Will the proposed modified grading cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views trail easements or other aspects of development? The proposed project design includes an appropriate storm water drainage plan that has been reviewed by City Engineering staff and determined to adequately address the onsite drainage. This is accomplished through the use of surface drainage (v-ditches) which connect to underground storm drains. Further, the applicant has proposed a natural swale at the toe of the slope and an inceptor drain which is connected to the storm drain via drainage inlet. The applicant has employed the use of terraced walls to minimize the visual impacts of the walls and further reduces the potential visual impacts with appropriate landscaping. A segment of the proposed retaining wall adjoins an existing multi-use trail. However, the proposed retaining wall does not impact the existing trail in anyway. Staff recommends that the City Council find that the proposed project design is consistent with the intent of this finding. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Design Review Committee has reviewed this item twice previously and has forwarded the item to the Planning Commission with a neutral recommendation, however acknowledged the proposed project is consistent with the Municipal Code, Design Guidelines and previous DRC recommendations. The Planning Commission during its January 11, 2011 regular meeting adopted a resolution recommending approval of the proposed grading plan modification (see attachment 4, Planning Commission meeting minutes from January 11, 2011). FINANCIAL CONSIDERATIONS: There are no financial impacts to the City. Agenda Report Page 6 April 19, 2011 NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) within one thousand (1000) feet of the project, has been published in the Capistrano Valley News at least ten (10) days prior to the bearing, and has been posted at three public locations (see Attachment 5, Public Hearing Notice). Copies of this agenda item have been provided to the applicant and their representative. RECOMMENDATION: Open the public hearing, receive public testimony, close the public hearing, and then by motion, 1. Approve the attached license agreement. 2. Adopt the attached resolution thereby approving Grading Plan Modification (GPM) 10-004, to permit the construction of a series of retaining walls along the front and side yards of real property located at 28412 Avenida La Mancha otherwise referred to as Assessor Parcel Number (APN 664-101-06). Respectfully submitted, Prepared by: 4esniior Grant Tayl r, n Development Services Director Management Analyst Attachment(s): 1. License Agreement 2. Draft Resolution 3. City Council Resolution 82-9-7-1 4. Planning Commission meeting minutes from January 11, 2011 5. Public Hearing Notice Enclosure: 1. Large Scale Plans LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made this day of April 2011, by and between the CITY OF SAN JUAN CAPISTRANO, (hereinafter referred to as "City"), and Michael J. Hajeck and Teresa Hajeck, Co-Trustees of The Hajeck Family Trust, UTAD May 9, 1998, and any and all future property owners, (collectively hereinafter referred to as "Owner"), of the real property commonly described as 28482 Avenida La Mancha, San Juan Capistrano, Orange County Assessor's Parcel No. 664-101-06, and legally described as Parcel 1 of Lot Line Adjustment 10=002 in Document No. 2010000515936 ("Lot Line Adjustment 10-002"), as further described in Exhibit A which is attached hereto (hereinafter referred to as the "Property") RECITALS WHEREAS, the original developer of Tract 11826 previously granted to the City an open space easement, relinquishing certain development rights and limiting any owner of the Property's use of that portion of the Property delineated on the Orange County Assessor's Map in Book 664, Page 10, (hereafter referred to as the "Open Space"), identifying the Open Space as that portion of the Property which is north of the hatched line that traverses the Property and is identified as the "Open Space District Boundary", which covenant of easement is incorporated herein by this reference; and, WHEREAS, Owner desires to construct a series of retaining walls, riding area, equestrian barn and accessory structures (collectively "Improvements") for the purpose of providing shelter for privately-owned or leased horses on the Property as shown on the Site Plan that was submitted to the City for approval, composed of a Preliminary Grading Plan (page 1), Grading Sections and Details (page 2), and Planting Plan (page 3), prepared by Toal Engineering, Inc., Job No. 14103 dated September 16, 2010, which is incorporated herein as Exhibit B (the "Site Plan"); and, WHEREAS, City is amenable to allowing the construction of the Improvements on the Property and Open Space as shown on the approved Site Plan, as well as the use of the Open Space, as described below. NOW, THEREFORE, BE IT RESOLVED between City and Owner as follows: 1. Grant of License. City hereby grants to Owner a license to construct and use the approved Improvements upon the Open Space, and, agrees to the construction of the Improvements as shown on the approved Site Plan, and the use of the Open Space, except as limited below. 2. Retaining Walls. The series of retaining walls shall not exceed 9'-6" of exposed face above the finished grade immediately adjacent to the respective retaining wall. The series of retaining walls.shall be located where shown on the approved Site Plan. ATTACHMENT 1 3. All Other Improvements. All other Improvements constructed on the Open Space shall be located where shown on the approved Site Plan. 4. Use of Riding_Area. Use of the riding area created by the retaining walls shall be limited to horses personally owned or leased by Owner, Owner's extended family, neighbors and/or friends. Owner shall not allow the use of the riding area for profit by any other third party. 5. Use of Barn. Use of the barn shall be limited to the housing and care of horses personally owned or leased by Owner, Owner's extended family, neighbors and/or friends. Owner shall not use the barn to board horses owned or leased by any third parties for profit. 6. Use of Accessory Structures. . Use of the accessory structures shall not be for habitable purposes. 7. Use of Open Space. The development and use of the Open Space shall comply at all times with the City Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to such development and/or use. 8. Future Chan es to the Accessoa Structures. Any future changes to the accessory structures must first be reviewed and approved by the Development Services Department prior to construction, in accordance with the Municipal Code of the City. 9. Equestrian Trail Ri ht-of-Wa . At no time shall construction or service vehicles block the City maintained public equestrian trail right-of-way, either during construction or during use of the equestrian facility. 10. No Public Right-of-Way. The granting by the City of this license to Owner to use the Open Space portion of Owner's Property as provided for in this Agreement, does not include any express or implied public right-of-way over any portion of the Property, other than. the public's existing rights to use (i) the equestrian trial right-of-way, and (ii) the existing transportation right-of-way on or immediately adjacent to that portion of the Property identified as Avenida La Mancha. 11, Hold Harmless Provision. In consideration for City's granting of the license provided for in this Agreement and authorization of the construction of said retaining walls, riding area, equestrian barn and accessory structures, Owner hereby holds the City harmless from any claim or liability arising out of the license granted herein and Owner's construction, use or maintenance of the retaining walls, equestrian barn, and accessory structures located in the Open Space. 12. Other Requirements. Approval of this Agreement by the City, does not expressly or impliedly relieve the Owner from complying with any other applicable Federal, State, County or City regulations or requirements. 13. Term. The license granted herein, and this Agreement, shall continue indefinitely unless terminated by either party in the event of a material breach of any provision of the Agreement. 14, Termination Notice. In the event either City or Owner believes that the other has breached any material provision in this Agreement, the non-breaching party shall provide written notice to the other clearly describing the nature of the alleged breach within thirty (30) days of said breach occurring. The party allegedly in breach shall then have ninety (90) days in which to cure said breach, during. which time the party providing notice of an alleged breach may not take any other actions to terminate this Agreement. In the event that any breach cannot be cured within said ninety (90) day period, the breaching party shall not be deemed to be in breach if such party has commenced curing the breach, and such breach is cured in a reasonable period of time thereafter. In the event of a non-curable default by either party, the other party's remedies shall be limited to monetary damages. 3 15. Right to Enforce Agreement. Upon the breach of any provision of this Agreement, either party shall have the right to specifically enforce the provisions hereof, and/or to seek monetary damages for any such breach. 16. Assignment of License. This Agreement, and the license granted herein, shall. be assignable by Owner, without the consent of the City, only in connection with a sale or encumbrance of the Owner's fee interest in the Property. In all other circumstances, the license, and this Agreement, may only be assigned by the Owner with the consent of the City. 17. Entire Agreement. This Agreement, and the documents incorporated herein by reference, contain the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement, which have not been fully expressed herein. 4 IN WITNESS WHEREOF, this License Agreement is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by Owner on the date setforth before the name of each. City of San Juan Capistrano DATED: BY: Sam Allevato, Mayor ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Michael J. Hajeck, Co-Trustee of the Hajeck Family Trust dated May 9, 1998 Teresa Devries-Hajeck, Co-Trustee of Hajeck Family Trust dated May 9, 1998 Exhibit A In the City of San Juan Capistrano, County of Orange, State of California,being Lot 33 of Tract No. 11826,as shown on a Map recorded in Book 563,Pages 19 through 26 inclusive,of Miscellaneous Maps,Official Records of said Orange County.. EXCEPTING THEREFROM the portion more particularly described as follows: Beginning at the most Northerly comer of said Lot 33,thence along the Northeasterly boundary of said Lot 33 South 60"0146" East 85.56 feet;thence leaving said boundary South 58039'02"West 76.02 feet;thence South 56"10'53" West 115.61 feet to a point in the Northwesterly boundary of said Lot 33;thence along said boundary North 3013 8'22"East 170.43 feet to the POINT OF BEGINNING. TOGETHER WITH a portion of Lot 34 in said Tract No. 11825 more particularly described as follows: Beginning at the most Southeasterly corner of said Lot 34,thence along the Southerly boundary of said Lot 34 North 78°35'00" West 103.28 feet;thence leaving said boundary North 22°09'38"East 35.35 feet;thence North 47°56'19"East 55.86 feet;thence North 53°34'34" East 128.82 feet;thence North 561'1:0'53"East 83.31 feet to a point in the Easterly boundary of said Lot 34;thence along said boundary South 30°38'22"West 248.10 feet to the POINT OF BEGINNING. EXHIBIT A Exhibit B Exhibit B consists of three (3) pages which are attached hereto and made a part hereof and are more fully described as a Preliminary Grading Plan (page 1 of 3), Grading Sections and Details (page 2 of 3), and Planting Plan (page 3 of 3) prepared by Toal Engineering, Inc., Job No. 14103 dated September 15, 2010. EXHIBIT B ?'HxC#i -@Y f K �.! E'r k[�i t.;� ~� `. r •,.. \;,�� ..��a � l � �t _.,�fi� � �� .. 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PRELMNARY GRADING PLAN ` ' dcc r F PA(e1TING PLAN VaHe� E Hoer ra�zs W4"8-Hsi=- w _ ..... .., .. _ _. RESOLUTION NO. 11-04-19-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GRADING PLANS FOR PROPERTY LOCATED AT 28412 AVENIDA LA MANCHA (ASSESSORS PARCEL NUMBER: 664-101-06) (HAJECK RESIDENCE) Whereas, Eldon Blasco, applicant has requested approval of a grading plan modification to allow the construction of a series of mechanically-stabilized earthen (MSE), terraced retaining walls with a maximum height of 9'6" and would have. a maximum exposed height of 8'-0"feet along the northerly and westerly property lines within a "dedicated development rights" area located at 28412 Avenida La Mancha which is General Plan-designated "2.0-Very Low Density Residential (0-1.0 dulacre)"and classified as Residential Estate (RSE) 20,000 and General Opens Space zone districts on the Official Zoning Map; and, Whereas, the City Council approval of Tract 11826 included "dedicated development rights"to the City over portions of certain lots in the subdivision including the subject property to provide for natural slope and open space preservation and any development within the"dedicated development rights"area requires City Council approval of a license agreement; and, Whereas, the City Council has approved a license agreement, thereby authorizing improvements to be made to real property located at 28412 Avenida La Mancha, otherwise referred to as Assessor Parcel Number (APN): 664-101-06 Whereas, the proposed project has been processed pursuant to Section 9- 2.301 , Development Review of the Land Use Code; and, Whereas,the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act(CEQA)and determined that the project qualifies for a Class 4 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA Guidelines;" and, Whereas, the Planning Commission conducted a duly-noticed public hearing on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments and recommended approval to the City Council of the proposed project; and Whereas the City Council of the City of San Juan Capistrano conducted a duly-noticed public hearing on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. Page 1 ATTACHMENT 2 CC Resolution 11-04-19-XX 2 April 19, 2011 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 retaining walls, grading and barn structure are located outside the General Plan-mandated 200-foot ridgeline buffer setback and are not located in any creeks or other unique hillside features. The proposed retaining walls are terraced and are minimized to the extent possible to accommodate the proposed use. The applicant has proposed a terraced, mechanically stabilized earth (MSIR) wall that has a slight slope (batter) and would be an earthen brown color to minimize the visual impacts. Further the applicant has proposed rounded walls at the corners of the proposed retaining walls to reduce visual impacts, except for the top wall that due to the nature of the specific type of arena requiring a forty-five (45) degree angle. The first wail has a maximum of a 2:1 slope transition from the natural grade. The walls have a maximum of a 2:1 slope at the base of the wall and the top of the previous wall. In the transition area between the natural grade and the base.of the first wall the applicant has proposed acacia plantings for screening consistent with the surrounding hillsides in the neighborhood. The terraced areas between the walls would be planted with Boston ivy and Agave landscaping to provide screening to the walls. The applicant has proposed the planting of one California Pepper in the area between the middle wall and upper wall in the area directly adjacent to the equestrian trail. Because the proposed wall is located outside any ridgeline protection areas, incorporates a slightly sloped wall with a color consistent with the existing hillside and proposes landscaping to minimizes the visual impacts, he City Council finds that the proposed project is consistent with the General Plan, Municipal Code and Design Guidelines; and, 2. The applicant has proposed a series of three retaining walls for the construction of a dressage arena and accessory barn structures. Prior City Council action has established an informal policy allowing the development of open space-related uses within the "dedicated development rights" area subject to ccs- approval of a license agreement. Because the proposed equestrian arena and barn are incidental structures consistent with the approving tract map resolution, the City Council finds that the proposed project, with staff-recommended conditions, is consistent with the original subdivision design and grading concepts; and, 3. The applicant has proposed a series of two and three terraced retaining walls, setback from the front property line, approximately 53'-0" and twenty feet from the side property line. Approximately 35'-0" of the proposed retaining wall is located directly adjacent to a public trail. This segment of retaining wall has a maximum exposed height of 7'-6"would return and terminate into the hillside, thereby reducing potential visual impacts from the adjoining multi-use trail to the south. Due to the extent of the wall setback, the use of terraced retaining walls, and the grade transitions that would blend the landform into the adjacent properties, the City Council finds the proposed project is consistent with this finding; and, Page 2 CC Resolution 11-04-19-XX 3 Aril 19 2011 4. The proposed grading plan indicates a proposed residential structure on the previously-graded, designated residential pad area of the lot. The proposed residence is located in the area designated for construction and meets all set back requirements for the applicable district.The proposed detached accessory structure is located in the "dedicated development rights" area which has provisions for the construction of detached accessory structures. The proposed principal and accessory structures meet all setback requirements for the applicable zoning districts including slope setbacks. The City Council finds that the proposed structures meet all setback requirements consistent with this finding; and; 5. The proposed project design includes an appropriate storm water drainage plan that has been reviewed by City Engineering staff and determined to adequately address the onsite drainage. This is accomplished through the use of surface drainage (v- ditches) which connect to underground storm drains. f=urther, the applicant has proposed a natural swale at the toe of the slope and an inceptor drain which is connected to the storm drain via drainage inlet. The applicant has employed the use of terraced walls to minimize the visual impacts of the walls and further reduces the potential visual impacts with appropriate landscaping. A segment of the proposed retaining wall adjoins an existing multi-use trail. However, the proposed retaining wall does not impact the existing trail in any way. The City Council finds that the proposed project design is consistent with the intent of this finding. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council finds City of San Juan Capistrano hereby approves the subject project, subject to those conditions of approval contained in Exhibit A, attached hereto and incorporated herein. PASSED, APPROVED AND ADOPTED this 19th day of April, 2411. PASSED, APPROVED, AND ADOPTED this day of 2011. SAM ALLEVATO, MAYOR ATTEST: Page 3 CC Resolution 11-04-19-XX 4 Ari[ 19 2011 MARIA MORRIS, CITY CLERK Page 4 RESOLUTION # 11-04-19-XX City Council CONDITIONS OF APPROVAL PROJECT LOG #: GPM 10-004 PROJECT NAME: Hajeck Residence These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. The subject project is for construction of a series of terraced retaining walls along the northerly and westerly property lines located at 28412 Avenida La Mancha which is General Plan-designated "2.0-Very Low Density Residential (0-1.0 dufacre)"and classified as Residential Estate (RSE) 20,000 and General Opens Space zone districts on the Official Zoning Map. This project approval is based on and subject to the application materials prepared by Toal Engineers Engineers dated and revised to September 15, 2010 including site plan(s), preliminary landscape plan(s), and preliminary grading plan(s), These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does.not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Community Development Commission, or City Planner, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent EXHIBIT A Resolution#t11-01-11-02 Conditions of Approval GPM 10-004 Nafeck Residence Pane 2 of 10 requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 8. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. Prior to the final building inspection the applicant shall resubmit a revised landscape plan for review and approval by the Design Review Committee (DRC). All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) The following conditions of approval shall be met prior to issuance of grading permits for the project. 1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code and the Water Department fee schedule, as last revised, and post securities to ensure satisfactory performance of proposed on-site and off- site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street, and all appurtenant improvements. (PW-ENG) 1.2 Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all applicable street improvements, signing and striping, street lights, storm drains, water, sewers, recreational trails, landscape, irrigation systems, setting of survey monuments and centerline ties. (PW-ENG) 1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bands/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, 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% of the above estimated improvement costs as determined by the City Engineer. (PW-ENG) Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Ha'eck Residence Page 3 of 10 1.4 Gradin_q Plans. Prior to issuance of a grading permit, the applicant shall submit the required number of copies of grading plans, prepared by a Registered Civil Engineer, to the Engineering and Building Department for review and approval by applicable departments. Conceptual grading plans shall be subject to review by the Design Review Committee. Precise grading shall be consistent with the approved conceptual grading plan and site plan. These plans shall show, at minimum, the limits of grading, the drainage, any applicable retention/detention basins, sewer, water, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended enough to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the orange County benchmark datum. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System (NPDES) requirements. In addition, the grading plans shall show the following information: (PW-ENG/CD) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (CD) b. Show and identify all pedestrian access ways and traffic crossings on the site plan. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes. Where pedestrian aisles cross driveways, enhanced paving shall be used. (CD) C. Areas to be protected from grading in order to protect environmental resources (biological, cultural, or historical), and method of protection proposed during grading operations. (CD) d. Location, height, materials and colors of any retaining walls. (CD) e. Show the location and method of screening for all ground-mounted 1 equipment on the site plan, including but not limited to air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view. Screening shall be compatible with main structures and include landscaping where appropriate. (CD) f. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (ENG/PLN) 1.5 Drainage Improvement plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and 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. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing down stream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, in a manner acceptable to Resolution#11-41-11-02 Conditions of Approval GPM 10-004 Ha'eck Residence Page 4 of 10 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. (PW-ENG) 1.6 Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (PW-ENG) 1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements for the project and preliminary pavement sections and substructure bedding/backfill recommendations. (PW-ENG) 1.8 Erosion & Sediment Control Pians. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and shall obtain approval for Erosion and Sediment Control Plans, using Best Management Practices prepared by a Registered Civil Engineer. These plans shall show, in accordance with the NPDES Permit, all temporary and/or permanent erosion and sediment control measures, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition. (PW-ENG) 1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement permits, for importation/exportation of soil in excess of fifty cubic yards in and out of the project site, the applicant shall submit to the City Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. The Haul Route Plan shall specify dates, times, and headways for hauling activities. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees to the Engineering Department. (PW-ENG) 1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, the applicant shall submit to the City Engineer and obtain approval for Traffic Control Plans and final improvement plans for all traffic mitigation improvements, including both on-site and off-site, as identified in the approved Traffic Study prepared pursuant to City Council Policy 310. Any exception shall be subject to review and approval by the City Engineer(PW-ENG) 1.11 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (PW-ENG) Resolution #11-01-11-02 Conditions of Approval GPM 10-004 Ha'eck Residence Page 5 of 10 1.12 Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise grading permit, for any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design. (PW-ENG) 1.13 Flood Control Channel Work. Prior to issuance of grading and right-of-way improvement permits, for any portion of the project containing an earthen flood control channel, the applicant shall submit to the City Engineer, a clearance from the appropriate State, Federal, and local agency having jurisdiction over any changes to the channel. (PW-ENG) 1.14 Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of- way improvement permits, the applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. (PW-ENG) 1.15 FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to issuance of grading and right-of-way improvement permits, for any property wholly or partially located within the 100-year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA. (PW-ENG) 1.105 Drainage Barrier between Slopes and Streets. Prior to issuance of grading permit, the grading and street improvement plans shall indicate and show that all street sections located within 20 feet or less, from the toe of the slope of 10' in height or more, are protected from underground water seepage by providing a positive drainage barrier system in accordance with City Standard Drawing-No. 350. Any exception shall be subject to review and approval by the City Engineer. 1.17 Connection to Cily Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. (PW- ENG) 1.18 Existing Easements. Prior to issuance of a grading permit, applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW-ENG) 1.19 Permission to Grade from Others. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer, for any necessary off-site grading, a Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Hq eck Residence Page 6 of 10 notarized written permission from adjacent property owners affected by said off- site grading. (PW-ENG) 1.20 Drainage Acceptance tetter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW-ENG) 1.21 Orange County Fire Authority (OC1=A) Approval. Prior to grading, street improvement plans, location of fire hydrants in the public right of way, emergency access including the spine access road, traffic/parking study, and the on-site driveway and loading zone emergency access areas of the proposed project shall be reviewed and approved by the Orange County Fire Authority (OCFA). The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 2.1 Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply with the latest City-adopted edition of the applicable building codes. (B&S) 2.2 Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Community Development Commission, Design Review Committee, and/or Community Development Director(as applicable). Plans shall address the following: (CD) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof-mounted and building- mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and backflow devices. All equipment shall be screened from public view and designed to be an integral component of the building design. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof-mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate. C. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached. d. Location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Haieck Residence Pape 7 of 10 2.3 Final Landscape Plans. Prior to issuance of building permits, final landscape plans shall be submitted for all entry statements, common areas, landscaped slopes, and other HOA-maintained areas to the Community Development Department for review and approval by the Design Review Committee. Final landscape plans shall show the following information and requirements: (CD) a. Type, location, and size of all proposed new plant material. Proposed landscaping shall incorporate water conservation techniques and drought resistant plants. b. All trees on site to be removed and retained. Tree removals shall comply with the City's Tree Permit requirements. C. Turf areas shall be limited in area in designed to minimize overspray. Turf areas shall be separated from non-turf areas by a mow strip or header. d. All slopes of 2:1 and greater shall be permanently landscaped for erosion control. e. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. f. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. g. Location, height, materials and colors of all proposed and existing walls and fences. h. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. i. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. j. Trees shall be located so as to provide shade throughout parking lots, with a minimum of.one (1) tree per six (6) parking spaces. k. Landscape planters shall be a minimum interior width of five (5) feet. Where landscape fingers abut parking spaces, they shall not extend closer than three (3) feet to the aisle end of the adjacent parking space. A twelve (12) inch wide paved landing strip shall be provided inside the curb, wherever a landscaped planter is located adjacent to a parking space such that passengers exit a vehicle into the planter. I. Sidewalks adjacent to head-in spaces shall be a minimum width of seven (7)feet. m. All landscape islands which are located at the front of head-in parking spaces shall be designed with a minimum two and a half (2-112) foot area free from vegetation where the front of a vehicle may overhang the planter. n. All parking areas located adjacent to public or private streets shall be screened by low-profile wall, berm, or landscaped area, at least three (3) feet in height, designed to shield vehicles and headlight glare. o. All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. 2.4 Surety for Tree Preservation. The applicant shall provide surety in the form of a bond or other method as approved by the City Planner and City Attorney, to ensure that trees to be preserved and/or planted on the site are protected during construction and remain viable and healthy for twenty-four (24) months after Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Ha ick Residence Page 8 of 10 issuance of a final certificate of occupancy. (CD) The following conditions and requirements shall be met continuously during construction, following issuance of any grading & building permits and prior to issuance of any occupancy permits: 3.1 Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW-ENG) a. Erosion Control Plan b. Haul Route Plan C. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(CD) 3.2 Pre-construction Meeting. Contractor shall attend a pre-construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (PLN-B&S) 3.3 Drainage Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW-ENG) a. If any drainage problem is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Engineer at no cost to the City, and submit a recorded instrument to insure the future of the solution. (PW-ENG) 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 supplemental Geotechnical Soils Report and additional fees. (PW-ENG) 3.4 Grading to be continuous operation. All grading work shall be performed in either one continuous operation or in phases that have been approved by the City. (PW-ENG; PLN-B&S) 3.5 Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (PW-ENG) 3.6 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(CD) 3.7 Tem ora Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (CD) The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Ha'eck Residence Pa e 9 of 10 the project site, as specified below: 4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. In the case of a phased project, the provisions of this condition shall be applied to each phase (PW-ENG) 4.2 Provide As-Built Mylars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW-ENG) 4.3 Monumentation Restored and Corner Records Filed with County. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (PW-ENG) 4.4 Installation of Landscaping. Prior to approval of final inspection (of each phase) the developer shall install all landscaping and irrigation. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Community Development Department. (CD) 4.5 Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The. term of the deferral shall be as determined by the City Planner. (CD) 4.6 Final Community Development Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Community Development Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Community Resolution#11-01-11-02 Conditions of Approval GPM 10-004 Hp 'eck Residence Pae 10 of 70 Development Department shall not conduct a final inspection until any outstanding balance has been paid in full. (CD) Responsible Departments/Agencies: CD: Community Development Department CD-B&S: Community Development-Building & Safety PW-ENG: Public Works-Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority RESOLUT' NO. 82-9-7-1 i G TENTATIVE TRACT 11826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11826 (BLACK MOUNTAIN VILLAS) WHEREAS, the applicant, Black Mountain Villas, 2643 Fourth Avenue, San Diego, California; has submitted Tentative Tract Map 11826, proposing to subdivide approximately 48+ acres of land into 36 residential lots and one common lot, located on Assessor' s Parcel No. 664-100-01; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly issued a negative declaration for the project, which report has been certified as final by the City Council, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the tentative tract map to the City Council recommending approval, and, WHEREAS, a public hearing has been duly advertised and held to review and receive public testimony on the application; and, WHEREAS, the City Council of the City of San Juan Capistrano finds and determines- as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the 1.2 Low Density Residential and 2.0 General Open Space designation on the General Plan Map and is otherwise consistent with all other Elements of the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of Title 9 of the City's Municipal Code (Land Use) and is consistent with the approved residential concept plan. 3. The project site is physically suitable for the type and density of the proposed development. R 4. The design and improvements of the proposed project will. ..not cause substantial environmental damage; . .. ..... .. ........ .. . nor will said design or improvements avoidably injure wildlife or their habitat. -1- ATTACHMENT 3 5. Thi. - resign .or improvements of �e proposed project wi1I not cause serious public t�alth problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. ` NOW, THEREFORE, BE IT RESOLVED, that the City Council v of the City of San Juan Capistrano does hereby approve Tentative Tract 1182.6, subject to the following conditions : 1. Home Warrant : The provisions of Chapter 8-6 of the Municipal Code (Home Warranty ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units -- .not - previously occupied for residential purposes - during any twelve-month period. 2. CC&Rs: A set of Conditions, Covenants and . Restrictions (CC&Rs) shall be prepared, and implemented ' for the project. The CC&Rs shall include at a minimum: (a) Provisions on the use and maintenance, by the homeowners ' association, of recreation areas, other common areas, and slopes . (b) The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal. Code) . The CC&Rs shall be approved by the City Attorney prior to approval of a final map. 3. Equestrian/hiking trail alignments and improvements shall be reviewed and approved by the Equestrian Commission prior to approval: of a final map. All General Plan trail alignments shall be dedicated to the City as a use easement. ® 4. The_DexelopX(-� .-.Constraint-s- Map shall be incorporated into the design of the final map. CC&Rs shall be preparedand ..approved ..as to .farm by the Director of Community Planning and Development and City Attorney to insure the design restrictions for individual lots by the Development Constraints Map are recorded against the property. -2- 5. Th. , .pplicant shall irrevocab" offer to the City an _.open space easement over individual lots for that area shown on the tentative: tract map. Such an easement is designed to allow accessory structures and uses which mould be consistent with the equestrian/estate nature of the area. Those uses which would be permitted are as follows: (a) The keeping of horses in accordance with the provisions of Section 9-3. 620 of the Municipal Code. (b) Swimming pools and spas in accordance with the provisions of Section 9-3.606 and consistent with the adopted Hillside Development Guidelines for Custom Homes (restricted grading) . (c) Tennis courts in conformance with the provisions of 9-3. 607 (e) of the Municipal Code. (d) Detached accessory structures incidental to the above uses. (e) Any residential and/or habitable structures,- including guest rooms, workshops, etc. , shall beprohibited within the open space easement. 6. Development rights for those portions of lots within the OS (open Space) District skull be dedicated to the City. 7.' The final grading plan shall be designed consistent with the tentative tract. Final plans to be reviewed and approved by the Director of Community Planning and Development. S. The private streets shall be designed and constructed in,accordance with Section 9-4.103 of the Municipal Code. 9. Water transmission and distribution facilities shall be designed, constructed, and dedicated in accordance with Section 9-4. 109 of the Municipal Code and the requirements of Orange County Water Works District No. 4. Such distribution facilities and appurtenances shall be approved by the County r 1 Fire Marshal. 10. All manufactured slopes shall be designed and constructed in accordance_with Sec.tion .9-3.505 and 9-4.112 of the Municipal: Code. -3- ll. Dri` . ...,ways, pedestrian ways, ut .-Ity undergrounding, street lights, drainage facilites, and sanitary sewers shall be located and constructed in accordance with Article 9-w4. 1 (Design Standards and Requirements) of •the Municipal Code and adopted City policy. 12. All required- fees shall be paid prior to approval of a final map. 13. Developer shall locate, design and construct the master plan drainage facility in accordance with Article 9- 4. 1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. 14. The emergency access road shall take temporary access to Paseo Establo as per existing easements. Said improvements of the access easement over Lots 6 and 7 of Tract 9373 shall be designed at the minimum width necessary, with an all-weather surface. (excluding A.C. pavement) . The street light and utility boxes shall be. relocated to provide unobstructed access to the emergency easement. A barrier designed consistent with an equestrian environment shall be installed to prevent use of the access road by other than authorized vehicles. The improvement of this segment of the access road should not occur until the first building is under construction for Lots 1-70 of Tract 9786. Design to be approved by the City . Engineer. Upon development of the adjacent parcel identified as Parcel "H, " Glendale Federal planned Community, the emergency access easement shall be connected to the street system in Parcel H. With the connection to Parcel H, that portion of the emergency access road through Lots 6 and 7 of Tract 9373 shall be vacated. The minimum width shale. be 20 feet, with minimum turn radius of 37.5 feet. Any changes in the emergency access road shall be only to upgrade the roadway to a through- street design. 15. Landscaping shall be. installed as follows: (a) Erosion control landscaping for all graded area shall be installed immediately after the certification of rough grading by the City. (b) Street trees and all other non-erosion- control landscaping shall be installed in , . . .accordance with a _landscape .phasing _plan approved by the Director of community Planning. and Development. No final building inspection shall be conducted for any dwelling unit until all landscaping has been installed and approved by the Department of Community Planning and Development. -4- (c) Landscape planting adjacent to the emergency access road shall be installed at the time of its construction. Said planting shall be designed consistent with the street tree master plan. 16. The developer shall be responsible for adequately installing and maintaining all landscaping and equestrian trails until such maintenance may be assumed by the homeowners ` association. In addition., an easement over major slopes shall ...<__ be, granted to the homeowners ' - association to provide access for slope stability and landscape maintenance. 17. A homeowners' association shall be established for the maintenance of all private streets, slope maintenance, emergency access roads, and equestrian trails. A set of CC&Rs shall be submitted for approval by the City Attorney that establishes the duties and responsibilities of the association prior to approval of the final map. 18. Street names shall be approved by the Director of Community Planning and Development prior to approval of a final snap. 19. Vehicular access rights to all primary, secondary, and commuter highways shall be released and relinquished to the City except at street intersections. 20. All grading operations shall be commenced between April 15 and October 15 of the calendar year. A grading sequencing plan shall be approved prior to approval of a final map by the Director of Community Planning and Development and the City .Engineer. The grading plan and subsequent permit issuance shall be consistent with Title 8, Chapter 5, . Grading Code of the City of San Juan Capistrano, as amended by Ordinance No. 467, including the provision that if any grading operations would st-` be in progress subsequer' ;:to October 15, an ero! on control plan shah. be '�: aplemented in accordance with said Grading Code. PASSED, APPROVED AND ADOPTED this 7th' day of September , 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None F. BUC HE , MAYOR ATTEST: CITY CLERK ` STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRAN© ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy 'of Resolution No. 82-9-7-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on- the 7th day of September , 1982 �. (SEAL) MARY ANN ANOVER, CITY CLERK �6- i ti E PC Meeting Minutes 4 JanuaU 11 20311 i 2. Gradin Plan Modification GPM 10-004 Ha'eck Residence, a request.for..approvaI of development plans to construct a series terraced retaining walls along the front and side yards with a maximum exposed height of 8'-0n located at 28412 Avenida La Mancha APN 564-101-06 (Applicant: Eldon E. Blasco Pro'ect Manager: Justin Kirk Senior Management Analyst). Staff presentation & recommendation Justin Kirk, Senior Management Analyst made the staff presentation advising the Commission to adopt the attached resolution recommending City Council approval of Grading Plan Modification 10-004 in conjunction with Council consideration of the license agreement. Commission Questions i Commissioner Williams asked if the proposed retaining walls would be precedent setting based on what the City had approved for other previous projects within the "dedicated development rights" areas and Mr. Kirk responded that such projects had been designed to comply with the Hillside Management criteria which are no longer in effect. } Mr. Williams asked about the purpose of the slope preservation provision and Mr. Kirk responded that the provision was established in the Conditions, Covenants & Restrictions (CC&Rs) and administered by the Homeowners Association (HOA) to maintain the rural character of the hillside areas. i i Mr. Williams asked if a residence was proposed for the existing building pad and Mr. Kirk s responded that there was. He noted that the house was necessary as the principal use of the property and the equestrian arena and barn could only be developed as accessory uses during or after development of the house but not before. Applicant Presentation Mr. Michael Hajeck, the property owner made the presentation to the Planning Commission and advised them that the proposed project consists of the construction of a series of terraced retaining walls along the front and side yards of an undeveloped i residential lot within that portion of the lot where the development rights have been previously dedicated to the City. The applicant has proposed the importation of 3,950 cubic yards (CY) of soil. The proposed retaining walls would have a maximum height of 9'6" and would have a maximum exposed height of 8'-0". The proposed project is located in a private gated community and is adjacent to private streets as well as a public equestrian trail. The applicant has received approval from the Hidden Mountain Estates Homeowner's Association, as well as the contiguous and adjacent property owners. i Commissioner Tatarian asked about the long-term vision for the property and Mr. Hajeck responded the vision was to develop a custom residence with equestrian buildings and a riding arena but nothing more. Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing and closed the public hearing. No one provided public testimony. 3 3 Page 1 ATTACHMENT 4 .............. PC Meeting Minutes 5 January 11, 2011 Commission Discussion Commissioner Williams said that this use is allowed and appropriate, but thought the proposed grading was very aggressive. He also thought the height of the walls needed to be reduced. Commissioner Williams stated that the proposed retaining walls would create an enormous amount of fill resulting in almost 400 dump truck trips to the property and he questioned whether the HOA and neighbors were fully cognizant of that impact. Commissioner Kerr said that because the Homeowners Association (HOA) had approved the project plans and the neighbors were supportive, she would support the project and thought the equestrian facilities would be an asset to the neighborhood, Commissioner Ratcliffe said this project seems to be larger. She said the people that use the adjoining multi-use public trail would potentially be affected by this which was a concern. Otherwise the use was fine. Commissioner Neely stated that while he shared Commissioner Williams concern, he was leaning toward Commissioner Kerr's supporting perspective. Commissioner Mocalis asked if the City had approved the residential plan and Mr. Kirk replied the approval was pending. ' Commissioner Tatarian stated that because San Juan Capistrano is an equestrian community, he thought the proposed equestrian use should "trump" the was design and grading issue. Chairman Cohen stated that landscaping would be necessary to blend the walls into the site and supported the staff recommendation of conditional approval. Adoption of.Resolution Commissioner Kerr made a motion to move staff's recommendations, second by Commissioner Mocalis. The motion passed by a 6-1 vote. PC RESOLUTION NO. 11-01-11-02 GRADING PLAN MODIFICATION (GPM) 10-004, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF GRADING PLANS FOR PROPERTY LOCATED AT 28412 AVENIDA LA MANCHA (ASSESSORS PARCEL NUMBER: 664-101-06) HAJECK RESIDENCE) AYES: Chairman Cohen, Vice-Chair Ratcliffe, Commissioner Tatarian, Commissioner Kerr, Commissioner Mocalis, and Commissioner Neely NOES: Commissioner Williams ABSTAIN: Page 2 JUAN NOTICE OF PUBLIC HEARINGrtttro3r, �' � aaatdtE � 1951 1776 CITY OF SAN JUAN CAPISTRANO NOTICE IS HEREBY GIVEN, that on the 19th day of April, 2011, at 6:00 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: Consideration of Grading Plan Modification (GPM) 10-004 Hajeck Residence A request for the construction of a series terraced verdura retaining walls along the front and side yards with a maximum exposed height of 8'-0" located at located at 28412 Avenida La Mancha, located approximately 782 feet south of Paseo Isabella, located adjacent to the intersection of Avenida La Mancha and Via Mambrino and more specifically referred to as Assessor Parcel Number 664-101-31 This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). The City's Environmental Administrator has determined that the project is categorically exempt per Section 15304, Class 4 (Minor Alterations to Land) of the CEQA Guidelines and is exempt from further environmental review. 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 5:00 p.m., on Monday, April 18, 2011 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 please contact JUstih Kirk, Senior Management Analyst at (949) 443- 6381, by e-mail at jkirk@sanjuanca istron '. rg, or by fax at (949) 661-5451 J � MARIAN M�RAIS, CITY CLERK ATTACHMENT 5 2400 PASEO ADELANTO MEMBEM OF THE.CITY COUNCIL SAN JUAN CAPISTRANO,CA SRPe9 ALLEi/A7C3 (9 x9)493-1171 ,n oaPo-sairo LAURA FREESE (949)493-1053 FAX ' fsrAg i��re �� LARRY KRWEIR ww .sa,7juaneaphtr•cano,org 977 DEREKMrV� JOHN TAYLOR TRANSMITTAL TO: Michael Hajeek PO Box 1149 San Juan Capistrano, CA 92693 DATE: June 28, 20'11 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: License Agreement— 28482 Avenida La Mancha Enclosed: (1) Original License Agreement - 28482 Avenida La Mancha If you have any questions regarding this agreement, please contact Ayako Rauterkus, Management Analyst at (949) 443-6325. San Juan Capistrano: Preserving the Past to . nhance the Future Kristen Lewis From: Justin Kirk Sent: Monday, June 27, 2011 3:57 PM To: Kristen Lewis Cc: Christy JakI Subject: RE: Hajeck License Agreement Kristen; 28482 is the correct address, I had used the other as I had pulled it off the CITY GIS, and thought that it was correct. For mailing please use: Michael Hajeck PO Box 1149 SJC, CA 92691 The residences are still under construction and will not be able to receive mail... Senior Management Analyst Utilities Department City of San Juan Capistrano .............. ............. ............. ............ ......... From: Kristen Lewis Sent: Monday, June 27, 2011 3:13 PM To. Justin Kirk Cc. Christy JakI Subject: Hajeck License Agreement Hi Justin, The Hajeck License Agreement says the address is 28482 Avenida La Mancha while the other documents use 28412. Is this a typographical error, and if so, which is correct? Thank you! Kristen Leivis Gly of Sun Plan capfurallo 3200 Pasco AtIclaa-lo San Juan, ftipisimac. (A 92675 (94,9) 443-63V8 \ (9 9) 493-1053 fal Chris JAI From: Justin Kirk Sent: Monday, April 25; 2011 10:02 AM To: Christy Jakl Cc: Grant Taylor; Maria Morris Subject: RF: Resolution - Hajack Residence Christy, They will be routed to the City Attorney to sign this afternoon still waiting on the applicant to sign the approved agreements.Thanks for your fallow up! X-hlz' � Senior Management Analyst Utilities Department City of Sari Juan Capistrano: From: Christy Jakl Sent: Monday, April 25, 20119:58 AM To: Justin Kirk Cc; Grant Taylor, Maria Morris Subject: Resolution - Hajack Residence Good Morning, Attached a signed/approved copy of the Hajack Residence resolution approved at 4/1.9 CC meeting. We have not received two original copies of the License Agreement related to this item. What is the status on the agreement? Thanks!! Christi Jakl [deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax