Resolution Number 00-4-18-2241
RESOLUTION NO. 00-4-18-2
APPROVING TENTATIVE TRACT MAP 15998 AND FLOODPLAIN
LAND USE PERMIT 00-01 (VILLAGE ALIPAZ. LLC(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP
15998 AND FLOODPLAIN LAND USE PERMIT 00-01 FOR A 13 -ACRE
PARCEL LOCATED ON THE EAST SIDE OF ALIPAZ STREET
APPROXIMATELY ONE-HALF MILE SOUTH OF DEL OBISPO STREET
(VILLAGE ALIPAZ, LLC)
WHEREAS, the applicant, Village Alipaz, LLC, 19700 Fairchild Road, Suite
120, Irvine, CA 92612, has submitted a proposal to subdivide an approximately 13 -acre
portion of a 22 -acre site into 104 single family residential lots; and,
WHEREAS, this proposal has been reviewed in accordance with the
California Environmental Quality Act, (CEQA, 1970). On October 5, 1999, the City's
Environmental Administrator reviewed this proposal and determined that it qualifies for
issuance of a mitigated negative declaration, and all mitigation measures are included as
conditions of approval in this draft resolution; and
— WHEREAS, on November 16, 1999, the City Council held a duly noticed
public hearing to consider testimony both in favor of, and in opposition to, Rezone
application 99-03, (adopting Specific Development Plan 99-01) and Vesting Tentative Tract
Map 15858 (phase one of the Village Alipaz development), and approved these
applications; and,
WHEREAS, on March 28, 2000 the Planning Commission held a duly
noticed public hearing to consider testimony both in favor of, and in opposition to, the
applicant's proposal, and forwarded a recommendation of approval for Vesting Tentative
Tract Map 15998 and Floodplain Land Use Permit 00-02; and
WHEREAS, on April 18, 2000 the City Council held a duly noticed public
hearing to consider testimony both in favor of, and in opposition to, the applicant's
proposal.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby find that:
Tentative Tract Maa
1. The proposed map is consistent with the goals and policies of the General
Plan in that the proposed use of single family residences, at a density of eight units per
acre is consistent with the project site General Plan Designation of 1.5 (Medium High
Residential). This designation permits residential development at a maximum density of
8 units per acre.
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2. Alipaz Street is identified as a Secondary Arterial Highway by the Circulation
Element Master Plan of Arterial Highways. As conditioned, the proposed cross-sections
for Alipaz Street are consistent with the development standards for secondary arterial
highways. Furthermore, the proposed entrance, including the private gate, have been
designed to prevent circulation interruption on Alipaz Street.
3. As conditioned, the site would be physically suitable for the proposed
development. The project site is relatively flat and has been previously graded for
agricultural purposes, as well as for the creation of a recreational vehicle storage lot on
the rear portion of the site. The project site is located within the AO Zone; a special flood
hazard area inundated by 100 year flood, as identified on Federal Emergency Agency Map
(FEMA) Flood Insurance Rate Map (FIRM) Panel 75 of 81. The proposal includes grading
plans which place the pad elevations a minimum of one foot above the base flood
elevation.
4. The proposal is for a tentative map for 104 units on 13 acres, which
combined with previously approved Tract Map 15858, will result in a 154 -unit single family
residential development on a 22 -acre parcel, with a density of 7.0 units per acre. The
project site is a relatively flat twenty-two acre parcel, fronting a secondary arterial highway.
The project site will therefore readily accommodate the proposed medium high density
development; requiring little landform alteration, and providing ready access to a secondary
arterial highway, and the infrastructure located within Alipaz Street.
5. The project site is located on a site which houses an existing R.V. storage
lot and a seasonally used strawberry field, and therefore the site does not contain any
significant fish or wildlife habitat. Furthermore, as conditioned, the project will comply with
the National Pollutant Discharge Elimination System Program, and therefore will not impact
off-site wildlife or fish habitat.
6. The proposal does not contain any improvements which would result in
serious public health problems. Additionally, as conditioned, the proposal will require the
preparation of a Phase Two Preliminary Environmental Site Assessment (PESA) and
completion of any mitigation measures identified in the PESA. Thus conditioned, future
residents will not be exposed to any potential hazards related the site's existing agricultural
and storage uses.
7. The project site does not contain any access easements for the public at
large. An existing ten -foot -wide access easement which runs along the south property line
and serves an adjacent piece of property will be rendered unusable by the projected phase
two grading. The applicant is proposing an on-site easement to compensate for the loss
of this easement.
8. The proposed site does not contain any above ground historic resources.
Additionally, as conditioned, Archeological/Paleontological monitoring will be required
during grading operations to insure that any subsurface historic resources are collected
and documented in an appropriate manner.
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Floodplain Land Use Permit
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1. The grading plans and documentation provided with the site and
development plans indicate that the project meets the requirements of Section 9-5.305 of
the Land Use Code.
BE IT FURTHER RESOLVED, that the City Council approves Vesting
Tentative Tract Map 15998 and Floodplain Land Use Permit 00-01, subject to the following
conditions:
1. The exhibit entitled "Easement Disposition Exhibit, Tract 15858 and 15998",
is for informational purposes only. Approval of Tentative Tract Map 15998, and related
land use entitlements, does not constitute acceptance of any of the proposals for
quitclaiming, selling or purchasing of easements or fee title properties.
2. Grading permits forthe edge treatment along the southern property line shall
incorporate a rear yard fence located on the property boundary line, and a 2:1 slope and
retaining wall over the adjacent access easement (refer to Exhibit 1). If the applicant is not
able to secure the required permission from affected easement and property holders for
this edge treatment design (refer to conditions 3 and 4, following), the applicant shall
submit revised plans for consideration by the City Council. Said plans shall be designed
to minimize the apparent mass of the property line wall through materials, design and
landscaping, or other appropriate method.
3. Prior to issuance of building or grading permits for the edge treatment along
the southern project boundary which encroaches onto the adjacent property, the applicant
and affected property holder shall record an easement permitting the construction of
proposed improvements.
4. Prior to recordation of final map, the applicant shall negotiate for the
reconstruction or relocation of water transmission facilities to relocate the facilities entirely
within their respective easements, or grant revised/additional easements to accommodate
the facilities in their existing locations. All costs associated with these alternatives,
including costs of removal and reconstruction of facilities or costs associated with preparing
and recording appropriate legal documents shall be at the sole expense of the applicant.
5. Prior to recordation of the final map for phase two, the applicant shall submit
proof, in the form of an executed agreement, recorded easement, or some other form
determined adequate by the Planning Director and City Engineer, that adequate secondary
access has been provided to Calle Rolando, Del Obispo Street (via the OCFCD
maintenance road) or an equivalent access acceptable to the Planning Director and City
Engineer.
6. PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL
a. Compliance. The Tract Map shall be developed in full compliance with
the State of California Subdivision Map Act and the City of San Juan Capistrano
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Municipal Code, except as authorized by the City Council and/or Planning
Commission. The attention of the Developer and his Engineer is directed to Section
9-2.3 and 9-4 of the Municipal Code (Engr.).
b. Pay Fees. The applicant shall fulfill all applicable fee requirements in
accordance with the City Municipal Code, Section 9-2.316 and post securities to
insure satisfactory performance (Engr.).
C. Storm Runoff, Hydraulic/hydrology Calculations. The applicant shall
submit to the City Engineer for review and obtain approval for a Storm Runoff study
prepared by a Registered Civil Engineer showing existing and proposed facilities,
hydraulic and hydrologic calculations and the methods of draining on-site and
tributary areas without exceeding the capacity of any affected street or facility. Said
study shall be consistent with the City's Master Drainage Plan in accordance with
all applicable City regulations, OCEMA design criteria, and standards (Engr.).
d. Properties in Flood Hazard Areas per (FEMA). 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
(Engr.).
e. Soils/Geology. The applicant shall submit to the City Engineer and
Building and Safety Manager for their review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist and/or
Soil Engineer to determine the seismic safety and soils stability of all proposed
grading and development improvements within the project and preliminary
pavement sections and substructure bedding/backfill recommendations (Engr.).
f. Traffic. The applicant shall submit to the City Engineer, for review and
obtain approval of final improvement plans for all traffic mitigation improvements
including both on and off-site as identified in the Traffic Study prepared under City
direction in accordance with Council Policy 311 (Engr.).
g. Off-site/On-site Improvements Participation. The applicant shall enter
into an agreement with the City to construct and/or contribute the project's fair share
financial participation for the improvements identified in the City approved traffic
study performed by the City's consulting engineer, under the guidelines outlined in
Administrative Policy #310, summarized as follows:
• Alipaz and Camino Del Avion - Install traffic signal
• Valle & La Novia/1-5 NB - Install traffic signal
• 1-5 SB & Ortega Highway - Add 2nd WB left -turn lane
• 1-5 NB & Ortega Highway - Add NB lane
The developer's responsibility shall be in accordance with City Council
policy #111 "Fair Share Methodology and Developer's Reimbursement", as
approved by the City Engineer. In the event that the applicant and the City are
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unable to reach agreement as to the applicant's responsibility, the City Council shall
have final authority in determining appropriate obligation. (Engr.)
h. The existing sewer and public utility lines, located adjacent to the
western bank of Trabuco Creek, at the eastern border of this site, shall be free and
clear from any permanent obstacles within their respective easements. The
easement widths shall be shown on tentative maps for phase three of the site and
shall allow for a minimum width of ten feet from centerline of pipe to the rear
property line of the proposed lots.
i. Utility Access Over Private Streets. The final map shall include
irrevocable offers to dedicate easements for access and maintenance purposes
over all private streets for all utility providers, including but not limited to, the City of
San Juan Capistrano, the Capistrano Valley Water District, the San Juan Basin
Authority, San Diego Gas and Electric, The Gas Company, Cox Communication,
and Pacific Bell.
j. Access and Maintenance Easements for CVWD Wells One and Two.
The final map shall include easements for access and maintenance purposes for
CVWD Wells One and Two. Said easements shall include a minimum of width of
20 feet of unimpeded vehicular access and 12 feet on all sides for maintenance
purposes. These easements shall connect the CVWD parcels to the access
easements within the private streets.
k. The hydro -pneumatic tank, associated with Well Two, shall be
relocated to the San Juan Capistrano Sports Park or other location acceptable to
the City of San Juan Capistrano. All costs associated with the relocation, including
actual relocation of the tank, any and all pipelines associated with the relocation,
and any additional utility lines, shall be the sole responsibility of the applicant.
I. Grading. The applicant shall submit to the City Engineer and Building
and Safety Managerfortheir review and obtain approval for Grading Plans prepared
by a Registered Civil Engineer consistent with conceptual grading plans approved
by the Planning Commission/City Council with this Resolution. These plans shall
show the limits of grading, drainage, sewer, water and parkway/street
improvements. The extent of the topography shall be extended enough to
determine the drainage impacts to adjacent properties. The elevations shall
correspond with the Orange County benchmark datum. All drainage must be
conveyed to the street or a City approved drainage facility in City approved
dedicated easements (Engr.).
M. Permission to Grade from Neighbor. The applicant shall submit to the
City Engineer and to the Building and Safety Manager, for any necessitated off-site
grading, a notarized written permission from adjacent property owners affected by
said off-site grading (Engr.).
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n. Erosion. The applicant shall submit to the City Engineer and Building
and Safety Manager for their review and obtain approval for Erosion/Silt Control
Plans prepared by a Registered Civil Engineer. These plans shall show all
temporary and/or permanent erosion control devices, 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 (Engr.).
o. Drainage. The applicant shall submit to the City Engineer for review
and obtain approval for Drainage Plans specific to the project which show the
removal and replacement of existing drainage facilities and reflect consistency with
the City's Drainage Master Plan. Mitigation of deficient down -stream drainage
system directly impacted by this proposal shall be borne by this development.
These plans shall show locations of all existing and proposed facilities and
corresponding easements (Engr.).
P. Dry Utilities (Elect., Telephone, Cable TV, Gas). The applicant shall
submit to the City Engineer, for review and obtain approval for, Electrical, Gas,
Telephone and Cable Television Installation Plans to ensure compatibility with
existing and proposed improvements (Engr.).
q. Sewer and Water. The applicant shall submit to the City Engineer, for
review and obtain approval for, Sewer and Water Plans prepared by a Registered
Civil Engineer. These plans shall be specific to the project which reflect consistency
with the City's Sewer and Water Master Plans, City's standards, specifications and
codes and the Capistrano Valley Water District (Engr.).
r. Sewer Manholes to be Lined. The Sewer Plans shall indicate that all
proposed sewer manholes shall be lined with polyurethane, or equal approved
material, at the developer's cost (Engr.).
S. Street Improvement. The applicant shall submit to the City Engineer,
for review and obtain approval for, Street and Signal Improvement Plans, prepared
by a Registered Civil Engineer. These plans shall show all existing and proposed
improvements including storm drain, sewer and water (Engr.).
t. Sidewalk on Both Sides of Streets. The Street Improvement Plans
shall show sidewalks to be provided on both sides of all streets, and shall also
indicate a three foot wide public utility easement on each side of the street. (Engr.).
U. Tentative Map Compliance and Closure Calculations. The applicant
shall submit to the City Engineer for review and obtain approval for a Final Map in
substantial compliance with the approved Tentative Map. Said Map shall be
accompanied with traverse closure calculations and an updated Title Search Report
(Engr.).
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V. HOA Maintained Improvements. The applicant shall indicate on the
Final Map that all streets, drainage, street lights, street signs and striping
improvements within the interior of this subdivision designated as private shall be
maintained by the Home Owner's Association or other provisions for maintenance
which may be subsequently approved by the City (Engr.).
W. Dedications and Maintenance Responsibility. The applicant shall
indicate on Final Map, as determined by the City Engineer, all appropriate offers of
dedication and access rights stating their purposes and their maintenance
responsibilities (Engr.).
X. Public Land Dedications. The applicant shall indicate and show on the
Final Map dedication of right-of-way for Alipaz Street in accordance with the Master
Plan of Highways and City Standards.
Y. Street Access Release. The applicant shall indicate and show on the
Final Map the following release: "Subdivider hereby releases and relinquishes to the
City of San Juan Capistrano, all vehicular access rights to Alipaz Street except at
street intersections and City approved driveway locations (Engr.).
Z. Post Bond/Provide Securities. 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, but not limited to, street improvements, traffic signals, signing
and striping; street lights; storm drains, sewer, water, landscaping and irrigation in
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 (Engr.).
aa. Submission of Digital Map per County Requirement. Prior to
recordation of the Final Map, the applicant shall submit for review and obtain
approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to
Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all
cost of said digital submittal including supplying digital copies to the Ci of the final
County Surveyor approved digital map in a .DXF format. In addition, the applicant
shall provide digital copies of all improvement plans and as-builts in the digital
format.
bb. Developer Deposit Account. Prior to approval of final map, the
developer shall pay any outstanding balance in the Developer Deposit Account
assigned to this application (Planning).
cc. Conditions, Covenants and Restrictions (CC&R's). The developer shall
obtain approval for CC&R's from the Planning Director, Engineering and Building
Director and City Attorney. CC&R's which shall not be amended without similar
approval, shall be recorded with the final map and shall include (Planning):
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i. Identification and provision for maintenance of common open
space, project entry statement, and slopes by the Homeowners Association.
ii. Criteria for maintenance of private drainage facilities, slopes
and fuel modification zones within the project by the Homeowners
Association (HOA).
iii. Prohibition of building construction or ornamental landscaping
within the drainage facility and slope areas maintained by the HOA.
iv. Prohibition of all radio or television antennas projecting above
roof eaves except for those specifically permitted in accordance with Section
9-3.609 of the Municipal Code and exempted by the State of California.
V. Rental of Individual units shall be controlled and managed by
one management company to insure the most efficient management of the
property.
dd. The applicant shall dedicate all water rights to the Capistrano Valley
Water District in accordance with District requirements
7. At the time of submittal of the first final map for approval, the applicant shall
pay all domestic and non-domestic water fees applicable to the project.
8. PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY
IMPROVEMENT PERMITS
a. Building Pad Elevations in Flood Areas. The applicant shall provide
to the Engineering and Building Director a letter of verification from the Flood
Insurance Administration (FIA) confirming thatthe proposed building pad elevations
are designed above the minimum specific elevation required by FIA (Engr.).
b. Submit Mylar of Final Map. The applicant shall submit to the City
Engineer a reproducible copy/mylar of the project's recorded Final Map (Engr.).
C. Recycling/Reduce Debris Act of 1989 (CIWMA). 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 (Engr.).
d. NPDES Industrial Permit for Grading in Excess of 5 Acres. The
applicant shall submit a Notice of Intent (NOI) to the California State Water
Resource Control Board for coverage under the State National Pollutant Discharge
Elimination System Program (NPDES) General Permit for storm water discharges
associated with development/construction activity in excess of 5 acres of land.
Evidence that this requirement has been met shall be submitted to the City
Engineer. The developer shall also comply with the standards of the "Erosion and
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Sediment Control/Field Manual", dated July 1999, and Guidelines for Construction
Projects" published by the California Water Quality Control Board, San Francisco
Bay Region (Engr.).
e. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM).
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 (Engr.).
f. Construction Mitigation Program. The developer shall prepare and
adhere to a construction and grading mitigation program (designed to address
impacts to both existing residents, motorists on Alipaz Street, and occupied units
within the proposed development) approved by the Planning Director and
Engineering and Building Director containing the following controls:
Grading:
i. Haul route for the movement of on and off-site of heavy earth-
moving equipment.
ii. Location of assembly and storage/service areas of heavy earth-
moving equipment and limits of hours of operation.
iii. Worker controlled access to site, including hours of work, limits
on noise sources, and dust and soil import/export.
iv. Compliance with environmental mitigation measures.
Enforcement:
i. The Planning Director and Engineering and Building Director
may modify the construction mitigation program standards if on-site
observations indicate that construction activities are creating a nuisance to
adjacent property developments.
ii. The developer shall hire a project enforcement person
approved by the Engineering and Building Directorto ensure compliance with
the Construction Mitigation Program.
iii. If it is determined that the developer is in violation of the
approved construction mitigation program, the Planning Director and/or the
Engineering and Building Director are authorized to shut down the project by
reason of said violation.
g. Archeological/Paleontological Monitoring Contract. The developer
shall provide the Building and Safety Division with an executed consultant services
contract with a SOPA-certified archeologist (Society of Professional Archeologists)
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responsible for supervising on-site archeological and/or paleontological monitoring
consistent with applicable City Council Policy (Planning)
h. Consistency of Final Grading, Building and Landscape Plans. Prior to
issuance of permits, the Planning Director shall ensure that all final plans are
consistent with conceptual plans and conditions of approval per this Resolution
(Planning).
i. Lighting Plan. The final lighting plan shall be reviewed and approved
by the Planning Director upon a finding of compliance with applicable provisions of
the Municipal Code and plans/conditions of this Resolution (Planning).
j. Sewer Lateral Connections. Sewer laterals for homes located on "E"
street shall be provided with sewer service by a local, eight inch public sewer line,
and not by the twenty-one inch sanitary sewer outfall line as indicated on proposed
tentative tract map.
k. Grading projects shall post cash or other liquid security equal to the
estimated cost to install erosion control devices and systems that are shown on the
approved grading plan. If the required erosion control devices or systems are not
installed as required by the Building Official, the security shall be forfeited and the
funds used by the City to complete or maintain the erosion control devices or
systems. If the funds are forfeited, additional funds shall be posted before the
grading project will be allowed to continue.
I. All grading projects shall provide a restoration and completion bond
as provided by City Ordinance in an amount as determined by the Building Official.
In the event of non-compliance with conditions of approval or standards for
conducting grading, the Building Official shall declare the grading project to be in
default and the Bonding Company is to be placed on notice of the intention to
foreclose on the bonds.
M. All grading permits shall contain a time limit for the completion of the
grading and the installation of erosion control planting including interim and final
landscaping. Failure to complete the grading in the time specified shall be grounds
for declaring the project in default and a foreclosure of the completion or restoration
bond shall be processed by the Building Official.
n. All grading plans shall show the location of any stockpiling areas and
the plan shall identify areas where stockpiling is to be excluded. Stockpiling areas
shall be located such that adjacent properties are not impacted from dust migration
or visual intrusions. If the location of stockpiling areas are to be moved or relocated,
a revised plan shall be approved prior to commencing the stockpiling.
o. Grading contractors shall be advised by City inspection staff that
grading is to be accomplished in such a manner that impacts to surrounding
properties are minimized and that the grading project will be subject to vigorous
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inspection controls to insure that the job produces minimal adverse conditions on
the residents and property owners of the city.
9. PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT
a. The developer shall complete construction of the full frontage half
section improvements including painted median and a 150 -foot southbound left -turn
lane into the project. (Engr.)
b. Housing Opportunity Program. The developer shall comply with the
provisions of Section 9-3.632 of the Municipal Code (Planning).
C. On-site Collection facilities for Recyclable Materials. Each residence
shall incorporate 133 cubic feet of storage area, either interior or exterior, within
minimum dimensions of 84 inches in width, by 39 inches in depth, by 72 inches in
height. Storage areas shall not be visible from adjacent public or private right-of-
ways or properties.
d. The applicant shall construct full enclosures for wells (CVWD Well 1
and Well 2 and SJBA Well 4), and provide a bond for the future construction of an
enclosure for Well 1. Said enclosures shall incorporate materials consistent with
the homes within the project site, including stucco walls, full pitch s -tile roofs, and
color palettes adopted from the proposed color board. Costs associated with the
design and construction of said enclosures shall be at the sole expense of the
applicant. Final design of said structures shall be approved by the Planning Director
and the Public Works Director.
e. The applicant shall be responsible for the relocation of all water lines,
owned by Capistrano Valley Water District and San Juan Basin Authority, into the
private street alignments and provide the required easements and quitclaim
documents for such relocations to the satisfaction of both parties and the City
Engineer.
f. The applicant shall be responsible for the reconstruction of all piping
and appurtenances from the wells to the relocated water lines to the satisfaction of
Capistrano Valley Water District, San Juan Basin Authority, and the City Engineer.
10. PRIOR TO ISSUANCE OF FIRST CERTIFICATE OF OCCUPANCY
a. Filing with County Surveyor the Corner Records. The applicant's
surveyor shall file the appropriate corner records with the County Surveyor and
show written affirmation indicating compliance with the County Recorder, as
required by Section 8771 of the Business and Professions Code (Engr.).
b. Utility Undergrounding. The applicant shall underground, at no cost
to the City, the overhead utility lines within the property and its frontage to the
satisfaction of the City Engineer.
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C. Complete all Improvements to the City's Satisfaction. The applicant
shall complete, to the satisfaction of the City Engineer, all facility improvements
(including, but not limited to, utility undergrounding) necessary to serve the
development in accordance with the approved plan and approved exceptions
(Engr.).
d. The developer shall convert the southbound right -turn lane to a
through lane at Camino Capistrano and Del Obispo Street. (Engr.)
e. Home Warranty Program. The developer shall obtain approval from
the Planning Director for a Home Warranty Program in conformance with the
Municipal Code. Any surety or deposit of funds for individual units must be in the
possession of the City prior to the issuance of any certificate of occupancy
(Planning).
g. Installation of Landscaping. The developer shall install all street trees
and non -erosion control landscaping and irrigation, including fuel modification zones
for the relevant phase of project construction. The developer shall provide a
licensed Landscape Architect certification that the landscape materials and irrigation
system (tested forfull coverage) has been installed in compliance with the approved
landscape plan (Planning).
h. The applicant shall design and construct, at the applicant's sole
expense, the following improvements:
• A traffic signal and appurtenances at the intersection of the
project entrance and Alipaz Street.
• Sidewalk on the west side of Alipaz Street, from the project
entry to the Sports Park Entry
• Traffic signal and striping modifications at the intersection of
Del Obispo Street and Camino Capistrano.
Design and construction of these facilities shall be subject to the
approval of the City Engineer. (Eng.)
11. PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF
PERFORMANCE SECURITIES
a. Provide As -Built Mylars. The applicant shall submit to the City
Engineer for review and obtain approval for the reproducible mylar "As Built" Plans
of all improvement works completed and accepted. Said plan shall be prepared by
a Registered Civil Engineer (Engr.).
b. Monumentation Restored and Corner Records Filed with County. The
applicant's surveyor shall set all required monumentation and/or re-establish any
damaged or destroyed 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 (Engr.).
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C. Video Tape Sewers and Storm Drain Pipes. The applicant shall
submit to the City Engineer for review and obtain approval for a video tape, filmed
in the presence of a City Staff representative/inspector, of all sewer and drainage
improvements. The video shall become the property of the City (Engr.).
d. City Approved Plans and Specifications. City approved plans and
specifications approved herein shall be considered precise. Any deviations from
these plans, including subsequent revisions that may be overlooked during the plan
review process, shall be subject to final approval or rejection by the Planning
Director. If, in the opinion of the Planning Director, subsequent changes are
significant, the Planning Director may refer said change back to the Planning
Commission for final approval.
12. In places where the conditions of approval or mitigation measures contained
herein conflict, the more restrictive condition shall apply, subject to determination of the
Planning Director.
Mitigation Measures:
Mitigation Measure #1 -Prior to issuance of a grading permit, which would permit
trenching or grading at a depth of eighteen inches or greater, the applicant will retain the
services of a SOPA (Society of Professional Archeologists) -certified archeologist who will
monitor all grading and excavation for potential impacts on cultural resources including
archeological, paleontological, and historic resources. The applicant will provide an
executed contract for services with a SOPA-certified archeologist including a scope -of -work
which provides for comprehensive monitoring; a contingency for assessment, recovery,
and/or evaluation; and the preparation of a technical memoranda or report. In the event
cultural resources are encountered during grading, the monitor may cease grading
operations, consistent with City Council policy, to allow for the assessment, recovery,
and/or evaluation of any cultural resources.
Mitigation Measure #2 - Prior to issuance of a grading permit, the applicant shall
submit a "Subsurface Geotechnical Investigation" completed by a licensed engineering
geologist professionally certified by the State of California to conduct such work subject to
approval by the Chief Building Official. The proposed preliminary grading design will be
based upon the analysis and recommendations contained in that "Subsurface
Geotechnical Investigation". Any change in recommendations and/or design shall be
subject to review and approval by the City Engineering and Building Department. The
"Subsurface Geotechnical Investigation" shall include a discussion of potential liquefaction
and shall include specific grading design recommendations.
Mitigation Measure #3 - Prior to issuance of any permits for development of the
project site the applicant shall prepare a Phase Two Preliminary Environmental Site
Assessment (PESA), and complete any environmental remediation as required by said
studies. Furthermore, the project site shall be certified as meeting all standards
established by the State Environmental Protection Agency.
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Mitigation Measure #4 - The proposed storm water drainage system design shall _
comply with the City's adopted "storm water management regulations and policies" and
subject to review and approval by the City Engineer or his designee.
Mitigation Measure #5 - Prior to issuance of a grading permit the applicant shall
prepare grading plans which place the pad elevations a minimum of one foot above the
base flood elevation. The applicant shall also submit, to the Engineering Division for
submittal to FEMA, a FIRM Map Revision application removing the subject site from the
AO Floodplain Area.
Mitigation Measure #6 - Prior to approval of subsequent tentative maps which
encompass the existing water transmission facilities an acoustic analysis shall be prepared
which analyses existing noise and provides adequate design and construction standards
which reduce noise at proposed property lines to permits a maximum value noise level of
45 dBA between the hours of 10 PM to 7 AM and 55 dBA between the hours of 7 AM to
10 PM consistent with Section 9-3.615 (Noise) of the Land Use Code. If these standards
cannot be met through design and construction standards, adequate setbacks between
proposed property lines and the existing water transmission facilities shall be established
by the tentative map to meet these standards.
Mitigation Measure #7 - Prior to certification of the mitigated negative declaration,
the applicant shall submit a traffic study, subject to review and approval by the Planning
Director, The Director of Engineering and Building Services, which includes mitigation
measures determined to reduce traffic generation impacts to a level of insignificance
(Completed).
ATTEST:
CI CLERI
PASSED, APPROVED, AND ADOPTED this 18th day of April, 2000.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, 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. 00-4-18-2, adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 18th day of April, 2000, by the following
vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSENT: None
(SEAL)
CHERYL J061INSON, CITY CLERK
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W
EXHIBIT A