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Resolution Number 98-2-17-3317 RESOLUTION NO. 98-2-17-3 APPROVING REVISED VESTING TENTATIVE TRACT MAP 14343 AND SUBDIVISION EXCEPTION - SAN JUAN MEADOW A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REVISED SUBDIVISION TRACT MAP AND SUBDIVISION EXCEPTION FOR A 136 -ACRE PARCEL LOCATED ALONG LA NOVIA AVENUE AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBERS 666-311-01, -02 AND -03 (SAN JUAN MEADOWS) WHEREAS, San Juan Meadows L.P. has requested approval of a revised tentative tract map to create two -hundred and seventy-five (275) single family detached dwellings, one - hundred and sixty-five (165) senior housing units, a dedicated public use site of 1.86 acres along Street "A", and approximately 70.2 acres of open area on an existing 135.63 acre site; and, 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); has issued a mitigated negative declaration and caused a Notice of Negative Declaration to be posted pursuant to the City's Environmental Review Guidelines; has included any applicable mitigation measures herein as conditions of approval, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA) ; and, WHEREAS, the Transportation Commission conducted a duly noticed public meeting on March 12, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended conditional approval and all conditions have been included herein; and, WHEREAS, the Parks, Recreation, and Equestrian Trails Commission conducted duly noticed public meetings on May and June, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended conditional approval and all conditions have been included herein; and, WHEREAS, the Planning Commission conducted duly noticed public hearings on September 23, and October 14, 1997 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended certification of the mitigated negative declaration. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 318 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Land Use Element, Open Space and Conservation Element, Circulation Element, Parks and Recreation Element, Noise Element, Public Safety Element and Public Facilities Element because the project: a.) includes residential development consistent with the General Plan's residential land use designations for the site, dedicates a 7.4 acre public use site and, preserves areas designated as open space by the General Plan, and, b.) provides a combination of general open space and recreation open space which comprises approximately 46% of the total site area whereas the Open Space and Conservation Element establishes a community wide goal of 30% open space; and, c.) includes provisions for widening La Novia Avenue to its ultimate width, extending Forster Canyon Drive between the Pacific Point site and La Novia Avenue, and with proposed mitigation measures and conditions of approval mitigates all project - related and cumulative traffic impacts associated with the project; and, d.) provides private recreation amenities consistent with the open space subdivision requirements of the Land Use Code, and will provide in -lieu park fees consistent with the Code to fund necessary improvements at General Plan -designated community parks within the City, and, e.) is required to provide appropriate noise attenuation for development along La Novia Avenue to protect future residents from traffic -related noise impacts; and, f) include provisions to re -close Forster Canyon Landfill consistent with State of California legislation administered by the California Integrated Waste Management Board, and will include methane and leachate control systems to protect the health and safety of future residents, and, g.) includes provisions for participating in the construction of a new potable water reservoir to serve the project and adjoining areas consistent with the Water Facility Master Plan. 2. The proposed project complies with all applicable provisions of the Land Use Code, including Title 9, Chapter 4, Subdivisions, and specifically Sections 9-4.103, Streets, highways, and alleys; Sections 94.104, Driveways; Sections 9-4.105, Pedestrian ways, bridges, and tunnels, and Sections 9-4.106 Bicycle and equestrian trails subject to the mitigation measures and conditions of approval contained in this resolution. 3. The proposed subdivision exception to Section 9-4.112, Slopes to allow 11/z: l slopes reinforced with "geogrid" whereas the Code requires a minimum 2:1 is consistent with the purpose and intent of the Land Use Code and meets the purpose and intent of Section 9-4.112 to at least an equivalent degree. -2- 92G BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the tentative tract map subject to the following mitigation measures and conditions of approval: MITIGATION MEASURES 1.0 Earth 1.1 All grading shall be performed in accordance with the preliminary recommendations associated with Site Preparation and Corrective Grading, Fill Material and Fill Placement, Water Level Monitoring and De -watering, Foundations and Pavement, and Settlement Monitoring, Surface Landfill Drainage, and Slope Landscaping presented in the report entitled, "Summary Report of Geotechnical Evaluation - Mesa Area and Forster Canyon Landfill', unless specifically revised or amended, and in accordance with all applicable codes and requirements adopted by the City of San Juan Capistrano. 1.2 All grading shall be performed in accordance with the recommendations contained in the City's Hillside Development Guidelines, which promote natural contour grading and discourage extensive grading, re -contouring, and earth movement. 1.3 All earthwork and grading operations shall be performed under the supervision of the geotechnical consultant. 1.4 The applicant shall prepare a geotechnical grading plan review to comment on the design of footings, foundations, slopes, remedial grading, sub -drains, etc., prior to the issuance of a grading permit. 5 Prior to the issuance of a grading permit, the applicant shall determine the cut and fill ratio required to minimize the amount of imported or exported soil materials needed. 6 After removal of all unsuitable surficial soils, all areas receiving fill shall be scarified, moisture -conditioned, and re -compacted to a minimum 90 percent relative compaction of the appropriate laboratory density. 7 Cut slopes shall be designed at a 2:1 (horizontal to vertical) or flatter slope ratio. Due to on-site geotechnical conditions, all cut slopes should be stabilized with an appropriate buttress to be designed prior to grading. 1.8 Fill slopes up to 70 feet in vertical height, constructed at a gradient of 2:1 or flatter, shall be stable against deep-seated arcuate failure. Fill slopes in excess of 70 feet in vertical height shall be analyzed and designed for gross stability on a case-by-case basis prior to grading. Fill slopes constructed at a gradient steeper than 2:1 shall be reinforced with a Geogrid-type material to improve stability. Analysis and appropriate Geogrid design shall be accomplished prior to grading. -3- 320 1.9 In accordance with Title 9 of the San Juan Capistrano City Code, any design fill -over - cut and cut -over -fill shall be converted to fill slope. 1.10 Heavy vegetation, including brush, grasses and sparse trees shall be removed prior to fill placement. 1.11 The nature and extent of unsuitable on-site fill and buried alluvial materials shall be further examined as part of future geotechnical investigations for the Mesa area, prior to the issuance of a grading permit. 1.12 To mitigate the potential settlement of compressible soils, these materials shall either be removed prior to fill placement or compacted in place. 1.13 The applicant and contractor shall, to the satisfaction of the City, implement measures to minimize project erosion during the construction phase. Erosion control measures include, but are not limited to, the following: a. Place sand bags around the perimeter of the site prior to initial grading if grading is to be undertaken during the rainy season. b. Minimize the length of time soils lay exposed. C. Water down all exposed soils periodically. d. Re -vegetate graded slopes and other areas as early as possible under the direction of a licensed landscape architect. 1.14 All building plans shall be prepared and stamped by a qualified engineer to assure that new buildings will be constructed in conformance with the Uniform Building Code and City Code (i.e., specifically those standards pertaining to earthquake damage reduction). 1.15 If determined necessary by the City of San Juan Capistrano, the applicant shall submit an analysis of potential seismic effects on-site, including estimated values of peak ground motion, in accordance with accepted engineering standards. 1.16 The contractor shall stabilize the site prior to development. In order to preserve the natural slopes containing landslide debris, it is recommended that sufficient fill mass be placed in the toe area and, if necessary, the top of the slide mass be excavated. 2.0 Air 2.1 Project construction was identified as an impact area in need of careful control, particularly with respect to dust emissions and their regional PM -10 impact. The menu of recommended construction activity control measures includes: -4- 321 a. Water site and equipment morning and evening using non -potable water resources, where available. b. Pave on-site roads as soon as possible into the construction cycle. C. Operate street sweepers on paved roads adjacent to the site. d. Reestablish ground cover on construction site through seeding and watering, if disturbed sites are to be left unconstructed for more than 90 days. e. Terminate grading and travel on unpaved surfaces if winds exceed 25 mph. f. Wash off trucks leaving the site. g. Properly tune and maintain construction equipment. h. Encourage rideshare incentives for construction personnel. i. Encourage transit incentives for construction workers. Configure construction parking to minimize traffic interference. k. Schedule operations affecting roadways for off-peak traffic hours. 3.0 Water 3.1 Prior to issuance of the grading permit, the grading plan shall be submitted to the City Engineer for review and approval to ensure that surface runoff from the proposed project is directed away from the I-5 Freeway. 3.2 The applicant shall provide drainage improvements as shown in the Final Closure Plan for the Forster Canyon Landfill and the Forster Canyon Comprehensive Development Plan Amendment. 3.3 All necessary drainage facilities shall be constructed to intercept, remove, convey and discharge all surface water from the land to be developed. These facilities shall include streets, catch basins, drop inlets, lined ditches, terrace drains, down drains, pipes, culverts and appurtenant structures. 3A All local on-site facilities shall be designed for a 25 -year storm. The lowest finish floor elevation of all habitable structures shall be a minimum of one foot above the maximum water level resulting from a 100 -year storm. -5- 322 3.5 The on-site storm runoff from the proposed development shall be routed to existing freeway culverts in such a manner as to not exceed the hydraulic capacity of the culverts, based on a 100 -year storm. 3.6 The design of all drainage facilities shall be reviewed and approved by the City of San Juan Capistrano to ensure that storm water runoff created by the proposed development is adequately controlled. 3.7 All drainage facility inlets and outlets shall be protected with suitable structures and linings to prevent erosion. 3.8 An erosion control plan shall be prepared and erosion control procedures followed to mitigate the effects of storm flows during the construction stage. 3.9 A Storm Water Management Plan, utilizing Best Management Practices to control/reduce the discharge of pollutants to the maximum extent practicable in order to obtain a Storm Water Discharge Permit in accordance with the National Pollution Discharge Elimination System (NPDES) shall be prepared and approved by the Director of Public Works prior to grading of the site. 4.0 Plant life 4.1 Prior to issuance of the grading permit, grading, drainage and erosion control plans shall be submitted to the City for review by a qualified biologist. The biologist will examine the plan to document the avoidance of some of the coastal sage scrub and riparian habitats on the project site. If grading is to be conducted adjacent to sensitive habitat areas, then monitoring during the construction period may be recommended. The plans would also be examined to ensure that standard engineering practices are employed to reduce excess disturbance and sedimentation during construction of the project site. 4.2 Prior to issuance of the grading permit, a coastal sage scrub mitigation plan shall be developed to compensate for the loss of 5.72 acres of coastal sage scrub habitat. This plan shall include placement of approximately 3.85 acres of on-site coastal sage scrub into a permanent open space easement and/or as a dedication to the City as an addition to the current open space area. The plan will also include the development of an on-site restoration program, as detailed in the following permit conditions. Finally, if the on-site restoration program cannot provide sufficient compensation, then an off-site compensation program, such as sponsoring weed eradication in the area of the proposed southern NCCP reserve may be proposed. 4.3 Prior to issuance of the grading permit, the applicant shall prepare an on-site coastal sage scrub creation/enhancement plan for 7.59 acres or as determined in the mitigation plan. This plan will also include provisions for the creation/ enhancement of 0.11 acre of purple needlegrass grassland. The plan will note all 0 323 the localities for the restoration effort and the total suitable acreage that can be developed on the project site. This plan will detail all site preparation procedures, including grading and ripping, required for this project. A planting plan will also be prepared that will note the native species proposed for the project, type of material to be used (e.g., container stock or seed), number of each species required and the installation procedures to be used for each species. The type, grade, rate and application procedure for any fertilizers, mulch or amendment to be used in the program shall be specified. An irrigation plan will be prepared if any supplemental irrigation is to be used for the project. The plan will detail the type of system to be used and the duration of the irrigation planned for the mitigation site. 4.4 Prior to issuance of the grading permit, the landscape plan shall be reviewed by the City to ensure that invasive species are excluded from the plant palette. Site plans shall be reviewed to ensure that excess illumination from exterior lighting on-site does not intrude into habitat preservation areas. The fuel modification program shall be reviewed by a qualified biologist. 4.5 Prior to issuance of the grading permit, the applicant shall prepare a detailed study for the creation of 1.2 acres of mulefat scrub on the project site (and also possibly adjacent City property). A wetland delineation, utilizing the U.S. Army Corps of Engineer's 1987 "Field Guide for Wetland Delineation" shall be conducted to verify the total area of disturbance of wetlands and/or Waters of the United States. The study will then determine the potential hydrologic modifications that may be necessary (e.g., placement of an additional check dam) for the drainage found on the eastern border of the project site to accommodate creation of the wetland. This will include an hydrology analysis to determine if there are sufficient flows within this channel to maintain the current habitat and the proposed restoration site. This study will then review the total area for mulefat scrub restoration available in this channel. 4.6 Prior to issuance of the grading permit, the applicant shall prepare a riparian creationtenhancement plan that will detail all site preparation procedures, including grading and ripping, required for this project. A planting plan will be prepared that will note the native species proposed for the project, type of material to be used (e.g., container stock or seed), number of each species required and the installation procedures to be used for each species. The type, grade, rate and application procedure for any fertilizers, mulch or amendment to be used in the program shall be specified. An irrigation plan will be prepared if any supplemental irrigation is to be used for the project. The plan should detail the type of system to be used and the duration of the irrigation planned for the mitigation site. 4.7 Prior to issuance of the grading permit, the applicant shall prepare a monitoring and maintenance plan to ensure the success of the proposed native re -vegetation project. This plan will detail the responsible parties and procedures for 7- 324 maintaining the site. General information of the three- to five-year monitoring plan to document the success of the project shall be included in this plan. The plan will comply with all conditions and standards of the CDFG 1603 stream alteration agreement and the 10(a) permit. The plan will also include potential measures, including deed restrictions, to ensure that the land use of the site is restricted as open space only for wildlife habitat. Measures, such as bonding, to ensure completion of the mitigation program, should also be included in this plan. 4.8 Prior to issuance of the grading permit, the applicant shall prepare a construction monitoring plan to reduce the potential of impacts into the open space areas. This plan will include the provision for "Norplex" type of fencing along the margins of the open space areas and for a biologist to ensure that no equipment staging or grading occurs in the proposed open space areas. This plan will also require gnatcatcher monitoring during the construction period to ensure that the impacts from grading noise do not adversely affect gnatcatcher reproductive behavior. 4.9 A focused flora survey shall be conducted prior to grading, during April - May, to determine the presence/absence of the proposed threatened thread -leaved brodiaea (Brodiaea filifolia) on the site. The presence of any of the following plant species of special interest will also be recorded during the survey. Coulter's saltbrush mesa brodiaea Catalina Mariposa lily intermediate mariposa lily false Payson's jewelflower prostrate spineflower western dichondra Blochman's dudleya many -stemmed dudleya Palmer's grappling hook southern tarplant vernal barley Robinson's pepper grass small -flowered micorseris rough mullia California groundsel (Atriplex coulteri) (Brodiaea jolonensis) (Calochortus catalinae) (Calochortus weedii var intermedius) (Caulanthus hererophyllus var pseudosimulans) (Chorizanthe procumbens) (Dichondra occidentalis) (Dudleya Blochmaniae ssp blochmaniae) (Dudleya multicaulis) (Harpagonella palmeri) (Hemizonia parryi ssp australis (Hordeum intercedens) (Lepidium virginicum var robinsond) (Microseris douglasii var playtycarpha) (Mullia maritima) (Senecio aphanactis) 4.10 Prior to issuance of the grading permit, the applicant shall prepare a resource management plan for the permanent open space areas on the San Juan Meadows project site. This plan shall address potential measures for reducing human access into the open space areas, such as barrier plantings or fencing; maintenance provisions for the restoration areas, including trash removal; provisions for interpretive signage and the potential removal of invasive weeds, as required. -8- 6.0 Noise 325 6.1 Prior to approval of the final map, the applicant will prepare and submit an acoustic analysis of potential traffic noise impacts for all single-family lots situated along La Novia Avenue for review and approval by the Planning Director. The acoustic analysis will evaluate and recommend noise mitigation measures that reduce potential noise impacts to a level consistent with the City's Land Use Code noise regulations. Noise mitigation may include earth berm or acoustic wall design. Acoustic wall design may include clear plexiglass that provides noise attenuation, but maintains views from single-family lots. 6.2 Prior to building permit issuance, the applicant shall have constructed or received approval of performance bonds for the construction of noise mitigation approved by the City in conjunction with the review and approval of the acoustic analysis required during final map approval as determined by the Planning Director. 13.0 Transportation 13.1 The project shall construct the widening of La Novia Avenue adjacent to the site to provide westbound left -turn lanes at the two entries to San Juan Meadows including the access road to Lot 10 and Forster Canyon Drive (Street A ). 13.2 Prior to approval of the final map, the improvement plans for both entries off of La Novia Avenue shall be shown to include provision of adequate sight distance in accordance with OCEMA Standard Plan 1117. 13.3 Prior to approval of the final map, design techniques (e.g., limitation of landscaping height, retaining walls, etc.) to ensure adequate site distance at intersections on the inside of curves along Forster Canyon Drive shall be implemented in accordance with OCEMA Standard Plan 1117. 13.4 Prior to approval of the final map, the project shall contribute its fair share of the total intersection and other roadway improvement costs based on proportional peak hour traffic (% of project traffic during the peak hours divided by existing peak hour traffic volumes) to the following improvements (If improvement cost estimates are not available from the City, the project shall be responsible for preparing and submitting improvement cost estimates for review and approval by the City Engineer): 13.4.1 Signalization and Intersection Improvements at San Juan Creek Road/Valle Road (15.5 percent). 13.4.2 Signalization and Intersection Improvements to Valle Road/La Novia Avenue/I-5 Northbound Ramps (26.1 percent). 91 326 13.4.3 Signalization of Camino Las Ramblas/Via California (4.8 percent). 13.4.4 Signalization including a pedestrian/equestrian crossing of La Novia Avenue/Forster Canyon Drive (32.1 percent). 13.4.5 Signalization of La Novia Avenue/Calle Arroyo (6.1 percent). 13.4.6 Improvements to La Novia Bridge Across San Juan Creek (6.1 percent). 13.5 Prior to final map approval, the project shall be responsible for reimbursing the City for 18.7% of the cost for the constructed section of La Novia Avenue to Valle Road pursuant to the City's executed reimbursement agreement with Glendale Federal Bank dated December 5, 1989. 16.0 Utilities 16.1 In conjunction with tentative map processing, the applicant shall prepare and submit proposed revisions to CDP 81-02, Forster Canyon Planned Community so that document is consistent with the Capistrano Valley Water District (CVWD) Water Facilities Master Plan. 16.2 In conjunction with the final map application, the applicant shall submit public improvement plans that include all proposed water facilities necessary to serve the subject project consistent with the Capistrano Valley Water District's (CVWD) Water Facilities Master Plan. The applicant shall bear full financial responsibility for all required water facility improvements, pay all applicable CVWD development fees (as most recently revised), and shall post required performance bonds to assure construction of those facilities. The CVWD may enter into a reimbursement agreement with the applicant, consistent with District administrative guidelines, in order to reimburse the cost of water facility capacity which is in excess of that capacity required solely to serve the subject project. 16.3 In conjunction with the final map application, the applicant shall submit public improvement plans that include provisions for extending non -potable water service to the project to meet all landscape irrigation needs of the project, including the landfill cover. The design and construction of non -potable water service shall meet all applicable Water District standards. 16.4 Prior to issuance of any building permits, the applicant shall have completed construction of all necessary water facilities to serve the proposed project as determined by the Capistrano Valley Water District (CVWD). -10- 327 16.5 The project shall share the cost of improvements necessary to support the project and shall enter into a "Water Facilities Construction and Service Agreement" with the Capistrano Valley Water District (CVWD). 17.0 Human Health 17.1 Prior to issuance of any building permit, the project shall implement the following provisions contained in the Final Closure Plan for the Forster Canyon Landfill. a. Provide final cover in accordance with appropriate design standards, materials, and procedures. b. Conduct final grading in accordance with the excavation plan, grading design, and settlement analysis. C. Construct final drainage in accordance with the proposed drainage control system plan. d. Provide the landfill gas control and migration system. e. Implement the liquid management plan. Provide landscaping and irrigation in accordance with the proposed landscape materials, installation procedures, and irrigation system. g. Comply with the sequence and phasing for providing improvements. 17.2 Prior to issuance of any building permit, the project shall ensure that the Final Closure Plan is in conformance with California Code of Regulations (CCR), Title 23, Chapter 15, CCR, Title 14, Chapter 3; and is approved by the County of Orange Environmental Health Department and Regional Water Quality Control Board. 17.3 The City, prior to approval of future tract maps and plans, shall establish and require adequate setbacks and buffer around the landfill to separate the landfill area from future proposed developments. 18.0 Aesthetics 18.1 The manufactured slopes proposed in the northwest corner of the site within Unit 9, the Life Center church, and the senior housing area shall employ contour grading, particularly emphasizing variable slopes. The aim shall be to create a slope that appears to be natural in appearance. 328 18.2 Proposed cut slopes against the hills along the east edge of the site shall employ contour grading, particularly emphasizing variable slopes. Upper edges of the grades shall blend with the existing natural hillsides. Hard edges or angles shall be avoided. Tops and toes of slopes shall be rounded. 18.3 Final building design and massing for the senior housing shall strongly emphasize horizontal architectural elements. Visually unbroken two-story expanses of structures shall be avoided, and no purely vertical architectural elements shall be employed. 18.4 A landscaping easement shall be established along the upper edge of the sloe along Lots 10 through 24 of Unit 6, Lot 1 of Unit 9, and Lots 19 through 23 of Unit 3. Landscaping, including trees of moderate height, shall be placed toward the top of the slope in a clustered and informal manner in front of lot line intersections at irregular intervals along this easement. The goal of this mitigation measure shall be to visually punctuate the extremely linear mass of structures along the northern project, as viewed from viewpoints to the north. 18.5 Dwelling colors for the project shall adhere to medium to light tones of the recommended colors: browns, sepias, ochres and grays. Bright white and light pastel colors shall be avoided. Roof materials shall similarly avoid bright colors. CONDITIONS OF APPROVAL A Transportation & circulation 1. La Novia Avenue a. Prior to any final map approval, the project shall design the realignment of the I-5 NB ramps/La Novia Avenue/Valle Road intersection consistent with City standards as determined by the City Engineer, and shall post the required surety to guarantee construction. Prior to issuance of any building permit, the project shall construct improvements to realign the I-5 NB ramps/La Novia Avenue/Valle Road intersection to the satisfaction of the City Engineer. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. The proposed reconstruction of the I-5/La Novia/Valle Road intersection shall include a minimum 75 degree alignment between Valle Road and La Novia Avenue consistent with City public facility standards. Final improvement plan design shall minimize the acquisition of right-of-way from -12- 329 the Terrace Mobilehome Park necessary to accommodate proposed street improvements. 1.b. Prior to any final map approval, the applicant shall design the La Novia Avenue widening, between Valle Road and the Glendale Federal Planned Community, to the ultimate geometric section (eighty-four [84] foot right-of- way) to the satisfaction of the City Engineer and shall post the required surety to guarantee construction. In conjunction with the final map recordation, the project shall dedicate the required right-of-way. Prior to issuance of any building permit, the project shall construct the La Novia Avenue widening to the satisfaction of the City Engineer consistent with City -approved improvement plans. La Novia Avenue improvements shall also include a right turn lane for the recreational vehicle (RV) storage lot entrance east of the tract. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. 1. c. Prior to any final map approval, the applicant shall design signal improvements for the La Novia Avenue/Street "A" (Forster Canyon Drive) intersection. Prior to issuance of the any building permit, the project shall complete signalization improvements to the La Novia Avenue/Street "A" (Forster Canyon Drive) intersection consistent with City -approved plans and the satisfaction of the City Engineer. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved/future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. 2. Prior to any final map approval, the project shall establish an alignment for Street "A" (Forster Canyon Drive) in conjunction with the developer of Tentative Tract Map 14196, Pacific Point/TMC consistent with City standards as determined by the City Engineer. Prior to any final map approval, the project shall design improvement plans for the full geometric section for Street "A" (Forster Canyon Drive), consistent with City standards and subject to the satisfaction of the City Engineer, consisting of a "commuter" section (Land Use Code, Chapter 9-4, Figure 4-4) with a General Plan (20 foot) "pedestrian way/bike trail" (Land Use Code, Chapter 9-4, Figure 4-5). The landscape easement shall be five (5) foot in width, and shall be maintained by the homeowners association. Prior to final map approval, the project shall provide surety, 13- 330 in a form satisfactory to the City Engineer, to guarantee construction of Street "A" between La Novia Avenue and the Pacific Point/TMC project. In conjunction with the final map, the project shall dedicate necessary right-of-way for Street "A" (Forster Canyon Drive) consistent with the approved geometric design. Prior to issuance of any building permit, the project shall construct Street "A" (Forster Canyon Drive) to the satisfaction of the City Engineer consistent with City -approved improvement plans. These improvements are considered on-site and shall not be subject to reimbursement agreement per City Council Policy 111. 4. Prior to any final map approval, the applicant shall design the Valle Road widening, between La Novia Avenue and San Juan Creek Road, to the ultimate geometric section (commuter arterial) to the satisfaction of the City Engineer and shall post the required surety to guarantee construction. Prior to issuance of any building permit, the project shall construct the Valle Road widening to the satisfaction of the City Engineer consistent with City -approved improvement plans. The project may enter into a reimbursement agreement, pursuant to City Council Policy 111, Fair Share Methodology and Developer Reimbursements, for that portion of the improvements which are the responsibility of other approved and/or future projects. In the event the road improvement is completed by the City or other development project, the applicant shall pay their fair share of the actual cost of improvements to the City. Prior to acceptance of the final map for processing, the developer/property owner shall amend Comprehensive Development Plan 81-01, Forster Canyon P.C. to incorporate all geometric street sections as approved by the City Council. 6. The geometric design for proposed local streets including Streets F, G, L, N, O, & P shall consist of 40 feet of right-of-way, 32 feet of travelway, 5 feet/3 feet parkways, and 5 feet public utility/landscape easements directly abutting the right-of-way. The geometric design for proposed local streets including Streets A, B, C, D, E, H, I, J, K, & M shall consist of 46 feet of right-of-way, 36 feet of travelway, 5 feet parkways, and 5 feet public utility/landscape easements directly abutting the right-of- way. Prior to final map approval, the subdivider shall submit homeowners association incorporation documents and financial/reserve analysis documentation which demonstrates that the project homeowners will have the financial capability to maintain all private streets to comparable public standards. 9. Prior to final map approval, the subdivider shalt design all driveways to comply with Section 9-4.104, Driveways of the Land Use Code. Finish materials shall be asphalt, concrete, or other non -erodible material subject to approval of the City Engineer or his designee. l4- 331 10. Prior to final map approval, and in the event a public/private park site is developed for the landfill cover area, the City may require the subdivider to include a pedestrian way in compliance with Section 9-4.105, "Pedestrian ways, bridges, and tunnels" of the Land Use Code. The alignment and finish materials shall be subject to approval of the City Engineer or his designee. 11. Prior to final map approval, the subdivider shall design and post surety for the installation of a signalized pedestrian/equestrian crossing at the intersection of La Novia Avenue and Forster Canyon Drive (Street 'W'). The crossing shall be designed consistent with standards established by the City Engineer or his designee. The signalized crossing shall be completed and operational in conjunction with completion of the equestrian trail. B. Parks. recreation, & trails 1. As part of the final map improvement plans, the subdivider shall design and bond for the construction of a combined pedestrian/bike trail along La Novia Avenue consistent with Section 9-4.104, Figure 4-5 of the Land Use Code. The pedestrian/bike trail shall be completed and operational in conjunction with the widening of La Novia Avenue. The project shall also design and bond for construction of trail fencing and motorcycle barriers at locations to be determined by _ the City Engineer. 2. As part of the final map improvement plans, the subdivider shall design and bond for the construction of an combined pedestrian/bike trail along Forster Canyon Drive (Street "A") consistent with Section 9-4.104, Figure 4-5 of the Land Use Code. The pedestrian/bike trail shall be completed and operational in conjunction with the construction of Forster Canyon Drive (Street "A:'). The project shall also design and bond for construction of trail fencing and motorcycle barriers at locations to be determined by the City Engineer. 3. The project shall be required to pay park in -lieu fees, consistent with Section 9-4.308 of the Land Use Code, in the amount of $1,780,213 (one million, seven -hundred and eighty thousand, two -hundred, and thirteen dollars) based on a demographic multiplier of 1.8 persons per household for age -restricted, senior housing. In the event the City would accept surface easements and approve a `community park' site, the project's required park in -lieu fees shall be $1,780,213 (one million, seven - hundred and eighty thousand, two -hundred, and thirteen dollars) less the value of constructed public park improvements. The value of public park improvements will be subject to review and approval by the City Council as part of the City's review of the preliminary community park plan. 4. Prior to any final map approval, the project shall negotiate the terms of an irrevocable offer of dedication (IOD) of a surface rights easement over a portion of the landfill cover (Lot "J") to the City of San Juan Capistrano for potential development of 15- 332 public, community park facilities in a form acceptable to the City Attorney. The irrevocable offer of dedication (IOD) shall be subject to review and approval by the City Council. The surface rights easement shall exclude that area required and designated for the HOA -maintained, neighborhood park. 5. Prior to any final map approval, the project shall submit preliminary site plans for proposed recreation facilities, public and/or private, and related improvements over the landfill cover. The preliminary site plans will be subject to Parks, Recreation, & Equestrian Commission, Planning Commission, and City Council review and approval. Should the City Council decide to develop a public, community park site, the City will establish specific recreation facility programming prior to the applicant preparing and submitting preliminary plans for proposed recreation facilities. Furthermore, the project shall submit construction cost estimates for all park capital improvements, a proposed annual maintenance program and budget, and proposed insurance documentation and provisions to protect against potential liability claims. 6. Prior to any final map approval and in conjunction with preliminary site planning, the applicant shall conduct a detailed analysis of parking needs and provide parking design and improvements commensurate with the level of proposed recreation uses and anticipated use of public dedication site. Furthermore, parking shall be designed to provide the ability for future expansion to meet the on-going operational needs of _ the park. 7. In conjunction with final map recordation, the project shall dedicate a minimum 7.74 acre surface rights easement, for private neighborhood park purposes, to the homeowners association with San Juan Meadows L.P. or the County of Orange retaining fee ownership. The Conditions, Covenants, & Restrictions (CC&Rs) shall establish a mechanism for homeowners association (HOA) maintenance of the park. Prior to final map approval, the project shall provide surety, in a form acceptable to the City Engineer, to guarantee the installation of the private neighborhood park improvements. C. Engineerine 1. Compliance. Prior to final map approval, the Tract Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. The attention of the Developer and his Engineer is directed to Section 9-2.3 and 9-4 of the Municipal Code. (Engr.) 2. Payment of Fees. Prior to final map approval, the project shall fulfill all applicable fee requirements in accordance with the City Municipal Code, Section 9-2.316 and post surety to insure construction of improvements. (Engr.) -16- 333 3. Storm Runoff, Hydraulic/hydrology Calculations. Prior to final map approval, the project shall submit to the City Engineer, for review and approval, 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.) 4. Soils/Geology. Prior to final map approval, the project 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.) Sewer. Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (Engr.) 6. Grading. Prior to final map approval, the project shall submit to the City Engineer and Building and Safety Manager for their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. 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. (Engr.) Drainage Barrier Between Slopes and Streets. Prior to final map approval, all street sections located within 20 feet or less, from the toe of a slope of 10' in height or more, shall be protected from underground water seepage by cut-off drainage barriers, to the satisfaction of the City Engineer. Any exception shall be subject to review and approval by the City Engineer. Permission to Grade Off-site. Prior to final map approval, the project 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.) _ 9. Erosion. Prior to final map approval, the project 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 -17- 334 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.) 10. Drainage. Prior to final map approval, the project shall submit to the City Engineer for review and obtain approval for Drainage 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. (Engr.) 11. Drainage Easement in Lettered Lot Maintained by HOA. Prior to final map approval, drainage facilities shall be designed to be located within the right-of-way. Any deviation shall require prior approval from the City Engineer. If drainage facilities are proposed in easements not within the right-of-way, said easements shall be placed in lettered lots owned and maintained by the Homeowner's Association. (Engr.) 12. Connection to City Storm Drain Must be Recorded and Filed. Prior to final map approval, any proposed connections to City storm drains from private on-site drains must be approved by the City Engineer. A recorded instrument is required for private storm drain connections to City storm drain facilities and must be filed with the City Engineer. (Engr.) 13. Dry Utilities (Elect., Telephone, Cable TV, Gas). Prior to final map approval, the project 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.) 14. Sewer and Water. Prior to final map approval, the project 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. (Engr.) 15. Sewer Manholes to be Lined. Prior to final map approval, 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.) 16. Street Improvements. Prior to final map approval, the project shall submit to the City Engineer, for review and obtain approval for, Street Improvement Plans, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including storm drain, sewer and water. (Engr.) 17. Design Speeds for Streets. Prior to final map approval, Street Improvement Plans shall be designed and constructed per City standards. Arterial streets shall be designed for a minimum design speed of 35 miles per hour (mph) and sight distance 18- 335 of 45 mph at all intersections. All other streets shall have 25 and 35 mph respectively. (Engr.) 18. Tentative Map Compliance and Closure Calculations. Prior to final map approval, the project 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.) 19. Street Access Release. Prior to final map approval, the project 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 La Novia Avenue and Forster Canyon Drive (Street "A") except at street intersections and City approved driveway locations". (Engr.) 20. CC&R. Prior to final map approval, the project shall submit conditions, covenants, and restrictions (CC&R) for review and approval by the City Engineer, Planning Director, and the City Attorney. The conditions, covenants, and restrictions shall be recorded with the final map and shall include, at a minimum, the following: a. Homeowners Association maintenance of all common open space, project entries, manufactured slopes, private storm drainage facilities, and fuel modification zones. b. Prohibition on building construction or ornamental landscaping within storm drainage facilities, and fuel modification zones. C. A statement that the tract is bordered by City of San Juan Capistrano natural, undeveloped open space lands and that the City has no plans for the maintenance, improvement, or irrigation of these lands. d. Prohibition on radio and television antennas projecting above any roof eaves per Section 9-3.609 of the Land Use Code. e. A provision that all homes shall be constructed to include water -conserving (low -flow) plumbing fixtures. Removal or relocation of any street trees within the public right-of-way or easement for the purpose of constructing private lot driveway access, shall require approval by the City Engineer or his designee. g. Any proposed amendments to the CC&R document shall be subject to review and approval by the Planning Director, who may refer such amendments to the City Council for action. -19- 336 h. The Developer shall provide in the CC&R document that any future rental of residential units in the development shall be controlled and managed by one management company to insure the most efficient mange of the property. The management company shall be selected by the homeowners association board of directors. 21. Post Bond/Provide Securities. Prior to final map approval, the project 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, signing and striping, equestrian & hiking trails, street lights, storm drains, sewer, water, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the project shall provide labor and materials bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer. (Engr.) 22. Deposit for Off-site Improvement Participation. Prior to final map approval, the applicant shall provide the Engineering Division with a Certificate of Deposit or cash deposit in an amount based on a pro -rata share of traffic generated and as determined by the City Engineer for the applicant's participation in the design and construction of improvements referenced in "Resolution 96-1-6-x, Approving a Mitigated Negative Declaration", Mitigation Measure 13.1 and conditions la., lb., 1 c., 4., and 11. of this resolution. (Engr.) 23. Traffic Signal Construction Participation. Prior to final map approval, the applicant shall provide the Engineering Division with a Certificate of Deposit or cash deposit as a participation for the design and construction of traffic signals at those intersections referenced in Mitigation Measure 13.4. The level of participation shall be based on peak hour traffic generation as determined by the City Engineer based on the project traffic study. (Engr.) 24. Submission of Digital Map per County Requirement. Prior to recordation of the Final Map, the project 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 project shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .DXF format. 25. Submit Mylar of Final Map. The project shall submit to the City Engineer a reproducible copy/mylar of the project's recorded Final Map. (Engr) 26. NPDES Industrial Permit for Grading in Excess of 5 Acres. The project 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 -20- 337 development/construction activity in excess of 5 acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (Engr) 27. Filing with County Surveyor the Comer Records. The project'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.) 28. Complete all Improvements to the City's Satisfaction. The project shall complete, to the satisfaction of the City Engineer, all facility improvements necessary to serve the development in accordance with the approved plan and approved exceptions. (Engr.) 29. The project shall design corner lots so that driveways shall have a minimum of ten (10) feet of full curb height between the edge of any catch basin and the driveway subject to approval by the City Engineer. (Engr.) 30. The project shall design all curbs and sidewalks consistent with the design standards of the San Juan Capistrano Municipal Code. (Engr.) 31. The project shall provide adequate sight distance at all construction access points based upon the requirements of the construction vehicle. Grading permits will only be issued for these access points based on compliance with the City's sight distance standards. (Engr.) 32. The project shall file and process an application, consistent with Section 8-13.102, "Regulations Governing Gate -guarded Neighborhoods", for any proposal for gate - guarded entries. The design of gate -guarded entries shall conform to Orange County Environmental Management Agency (OCEMA) standard 1107. Vehicle storage/stacking at such entries shall not be permitted within La Novia Avenue nor Forster Canyon Drive (Street "A"). (Engr.) 33. Equestrian improvements. Prior to approval of any final map, the project shall provide surety, in a form acceptable to the City Engineer, to guarantee construction of the following improvements. Prior to the issuance of any occupancy permit, the project shall complete all trail improvements consistent with City -approved improvement plans, to the satisfaction of the City Engineer: a. The existing unimproved access road through the City's open space area south of the tract shall be integrated with the proposed trails for this project so as to minimize hillside grading impacts. b. The project shall secure any necessary easements from owners of off-site properties through which traits are proposed. All costs associated with easement acquisition shall be the project's sole responsibility. -21- 338 C. The project shall construct the Alternative 3, westerly alignment trail connection from City open space to Forster Canyon Drive (Street "A"). Said connection may require construction on the Pacific Point/TMC property, and may be interim or permanent, depending on the status of development of the Pacific Point/TMC property. In areas where grades exceed 10%, General Plan trails may be reduced from twenty (20) feet to ten (10) feet in width, to minimize grading impacts. If grades exceed 10%, the project shall submit a preliminary trail grading plan for engineering review and approval. d. In areas where trails are adjacent to private property, HOA open space, or public/private roadways, the project shall install fencing per the City's Trail Design Manual. The project shall construct motorcycle barriers at all intersection of trails and public/private roadways. 34. Slope Warranty and Geologic Hazard Abatement: Prior to approval of any final map, the project shall comply with the provisions of Title 9, Chapter 10, Soil Subsidence Remediation Program subject to the satisfaction of the Engineering & Building Director and the Planning Director. If de -watering or other active systems for landslide stabilization are required by the City based on more detailed geotechnical investigation, provision shall be included in the Geologic Hazard Abatement District for the residents to fund and the City to operate such an active system. D. Orange County Fire Authority 1. Water Improvement Plans. Prior to the recordation of a subdivision map, the project shall submit water improvement plans to Fire Chief for review and approval to ensure adequate fire protection and financial security is posted for the installation. The water system design, location of valves, and the distribution of the fire hydrants will be evaluated and approved by the Fire Chief. 2. Fire Hydrants. Prior to the recordation of any Subdivision map or the issuance of any building permits, whichever occurs first, the project shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private, the system shall be reviewed and approved by the Fire Chief prior to issuance of building pen -nits. Provisions shall be included by the project for the repair and maintenance of the system, in a manner meeting the approval of the Fire chief. 3. Automatic Fire Extinguishing Systems. Prior to the recordation of a subdivision map, a note shall be placed on the map stating that all "Flag Lots", R-1 buildings, or and building exceeding fire department access requirements, shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. 4. Fire Access. Prior to the recordation of a subdivision map, the project shall obtain approval of the Fire Chief of all fire protection access easements and shall dedicate -22- 339 them to the City. The CC&R's shall contain provisions which prohibit obstructions within the fire protection access easement. The approval of the Fire Chief is required for any modifications such as speed bumps, control gates or other changes in within said easement. 5. Fuel Modification. a. Prior to the recordation of any subdivision map, the project shall obtain the Fire Chiefs approval, in consultation with the Manager, Environmental and Project Planning of a conceptual fuel modification plan and program. Contact the Orange County Fire Authority Development Review Section at (714) 744- 0477 for requirements and clearance of this condition. b. Prior to the issuance of any grading permits, the project shall obtain the Fire Chiefs approval, in consultation with the Manager Environmental Project Planning, of a precise fuel modification plan and program -n. The plan shall indicate the proposed means of achieving an acceptable level of risk to structures by vegetation. Include the method (mechanical or hand labor) for removal of combustible vegetation and the planting of drought tolerant fire resistant plants. _ C. Prior to the issuance of building permits, the developer shall have completed, under the supervision of the Fire Chief, that portion of the approved fuel modification plan determined to be necessary by the Fire Chief before the introduction of any combustible materials into the project area. d. Prior to the issuance of any certificate of use and Occupancy, the remainder of the fuel modification shall be installed and completed under the supervision of the Fire Chief. Further, the installed fuel modification shall be established to a degree meeting the approval of the Fire Chief. The CC&R's shall contain provision for maintaining the fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year. 6. Street Plans. Prior to the issuance of any grading permits, the project shall submit and obtain approval of preliminary plans for all streets and Courts, public or private, from the Fire Chief in consultation with the Manager, Traffic Engineering. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end street exceeds 150 feet or when other conditions require it. -23- 340 Street Markings a. Prior to the issuance of any grading permits, the project shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the freight, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The CC&R's shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. Access Gates. Prior to the issuance of any grading permits, the project shall submit and obtain the Fire Chiefs approval of the construction details for any access gate. Contact the Orange County Fire Authority Plan Review Section at (714) 744-0403 for a copy of the "Guidelines for Fire Authority Emergency Access". Combustible Gas Mitigation. Prior to the issuance of a grading permit, the project shall submit and obtain the Fire Chiefs approval of a combustible gas/methane assessment and mitigation plan. 10. Combustible Construction Letter. Prior to the issuance of any building permits for combustible construction, the developer shall submit and obtain the Fire Chiefs approval of a letter and plan stating that water for fire fighting purposes and an all weather fire access road shall be in place and operational as required by the Uniform Fire Code before any combustible materials are placed on the site. 11. Water Availability. Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system shall be installed in each structure, in a manner meeting the approval of the Fire Chief. 12. Fire Sprinkler System. Prior to the issuance of any building permits on those lot(s)/parcel(s) determined applicable by the Fire Chief, plans for the automatic fire Sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate Of use and occupancy. 13. Building Use Letter. Prior to the issuance of any building permits, the project shall submit a detailed letter of intended use for each building to the Fire Chief for review and approval. -24- 341 14. Architectural Plan. Prior to approval of a site development/land use permit, or the issuance of a building permit, whichever occurs first, the project shall Submit plans for the review and approval of the Fire Chief. The project shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. 15. Fire Hydrant Markers. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a 'Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. 16. Fire Alarm System. Prior to installation, plans for the fire alarm system shall be submitted to and approved by the Fire Chief. This system shall be operational prior to the issuance of a Certificate of Use and Occupancy. E. Landfill Closure The City shall not record any final map nor approve any building permit, with the exception of model home complex as provided below, until the project has provided written evidence that the Old Forster Canyon Landfill has been closed consistent with the approved Closure Plan and to the satisfaction of appropriate regulatory State agencies (i.e. Local Enforcement Agency) with jurisdiction over landfill closure. However, the City may issue the necessary building and grading permits required solely for closure of the Old Forster Canyon Landfill. The City may issue building permits for the model home complex, not to exceed a maximum of twelve dwelling units, prior to certification of closure of the landfill. However, the City shall not issue any occupancy permits for the model home complex until the final map has been approved by the City Council and recorded. Prior to approval of the any final map, the project shall provide written evidence of a long-term maintenance agreement, which will provide for perpetual monitoring and maintenance of the landfill facilities, consistent with all applicable State requirements and legislation, in a form acceptable to the City Council. F. Fiscal Any proposed community park site, and surface rights easement for such a park site, over the landfill cover (Lot "J") shall exclude the landfill face slope. 2. Any consideration by the City to grant the subdivider a credit for completed park improvements against in -lieu fees, shall take into account the relatively higher annual maintenance costs related to landfill settlement and the potential damage to park -25- 342 improvements. Consequently, the credit for park improvements will be correspondingly lower to account for higher annual maintenance costs. Prior to any final map approval, the project shall enter into a agreement to participate in a Mello -Roos financing district for the sole purpose of providing capital funds to the Capistrano Unified School District (CUSD) to fund the acquisition of new school sites which will serve the proposed development. That agreement to participate in a Mello -Roos financing district shall be in a form acceptable to the City of San Juan Capistrano and CUSD. Prior to issuance of any occupancy permit, the project will have established, executed, and recorded all necessary legal documentation to implement said Mello -Roos financing district. G. Subdivision Exception The use of over -steepened 1'/�:1 slopes shall only be permitted for the northwest fill slope of the senior housing site in order to conform to the existing 1'/2:1 slope in the Terrace Mobilehome Park. Prior to final map approval, over -steepened 1'/2:1 slopes shall be subject to detailed geotechnical analysis and review by the City Engineer. Such slopes shall be reinforced with geogrid or comparable material as required by the detailed geotechnical analysis. Proposed retaining walls for the senior housing site shall be prohibited along La Novia Avenue. H. Geotechnical Stability Prior to building permit issuance, the project shall regrade the existing natural slope on Lot "G" above the Capistrano Terrace Mobilehome Park consistent with the approved tentative tract map and detailed soils/geotechnical analysis prepared in conjunction with the grading plan. The slope shall consist of a manufactured 2:1 slope with terrace/down drains as required by the Land Use Code. If necessary as determined by the City, the project shall reconstruct the existing retaining wall at the base of the existing slope forming Lot "G". Prior to any final map approval, the project shall submit a preliminary grading plan and detailed geotechnical/soils report evaluating that grading plan as well as existing, ancient, landslide conditions, subject to the satisfaction of the Building Official. The report shall address the full range of geotechnical and soils issues, including deep landslide (gross site) stability, surficial slide stability, manufactured slopes, off-site grading and proposed improvements and shall include specific recommendations to satisfactorily address all geotechnical and soils issues. The grading limits for grading within City open space as shown on the approved tentative tract map shall be the maximum limits of such grading. Any farther encroachment, beyond that depicted on the approved tentative tract map, shall require City Council review and approval. The project shall also submit an operations/management plan for any deep landslide (gross stability) remediation system. Prior to any final map approval, the preliminary -26- grading plan, off-site grading within City open space, the detailed geotechnical/soils report, landslide (deep and surficial) remediation and the operations/management plan for any landslide remediation system shall be subject to City Council review and final action. The City Council may only approve the deep landslide (gross stability) remediation system based on findings that the proposed system is practically & functionally sound, is the most appropriate method to assure landslide stabilization, and would not result in undue public health and safety risks to future residents. In the event a de -watering system or similar type of "active" landslide stabilization system is required to stabilize the deep (gross stability) landslide, the operation and maintenance of that system shall be made a part of the Geologic Hazard Abatement District. If activated, the Geologic Hazard Abatement District would be funded solely by the residents of the project and operated by the City. PASSED, APPROVED, AND ADOPTED this 17th day of February 11998. ATTEST: 0 CI CLERK -27- 343 344 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. 98-2-17-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 17th day of February 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO ON ITY CLERK -28-