Resolution Number 05-08-16-03RESOLUTION NO. 05-08-16-0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE TRACT MAP 16572,
HIDDEN CREEK ESTATES (APN 121-050-01).
WHEREAS, Jim Adam requests approval of a tentative tract map to create eight (8)
lots for the development of single-family detached homes on an existing 2.5 acre parcel,
and proposed lots would vary in size between 11,200 and 18,800 gross square feet (GSF).
The project site is located along the west side of Camino Capistrano about 0.78 miles north
of Junipero Serra Road. The project also proposes to acquire portions of existing public
right-of-way, originally associated with Old Highway 101, by fee -simple ownership or
easement, from the City of San Juan Capistrano. The project would secure access via a
proposed private street from the Camino Capistrano; 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 initial study prepared
pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a negative
- declaration pursuant to Section 15070 of those guidelines; has caused a Notice of
Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has
otherwise complied with all applicable provisions of the California Environmental Quality
Act (1970); and all mitigation measures have been included herein; and,
WHEREAS, the Cultural Heritage Commission conducted a duly -noticed public
meeting on March 22, 2005 pursuant to the provisions of Title 9, Land Use Code, Section
9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department
Policy 510 to consider public testimony on the proposed project and has considered all
relevant public comment,
WHEREAS, the Design Review Committee conducted public meetings on May 5
and June 16 to review the projects site plan, landscape plan, and architectural design
concepts; and,
WHEREAS, the Planning Commission conducted a duly -noticed public hearing on
July 26, 2005 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5,
and Planning Department Policy 510 to consider public testimony on the proposed project,
considered all relevant public comments, and recommended City Council approval.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
-- Juan Capistrano does hereby make the following findings:
08-16-2005
The proposed map is consistent with the applicable provisions of the General Plan, —_
specifically the Land Use Element because the project proposes residential use and
a density consistent with that Element; the Circulation Element because frontage
improvements will be consistent with Camino Capistrano's "secondary arterial"
designation; the Cultural Resources Element because the site has been assessed
and a portion of Old State Route 101 will be preserved; and the Noise Element
because site mitigation and building siting will provide exterior areas with less than
65 dBA (CNEL), subject to the recommended conditions of approval and mitigation
measures.
2. The design or proposed improvements of the proposed subdivision is consistent
with applicable General Plan provisions because the design of frontage
improvements and the private street are consistent with the Circulation Element,
and the subdivision design and the proposed home design have been reviewed by
the Design Review Committee and will be consistent with the Community Design
Element and the Architectural Design Guidelines.
3. The site is physically suitable for the type of proposed development because the
site topography, geologic characteristics, and soils conditions do not impose
constraints to residential use; and because the site directly fronts and has access to
Camino Capistrano, a designated secondary arterial.
4. The site is physically suitable for the proposed density of development because the
site topography, geologic characteristics, and soils conditions do not impose
constraints to the density and the site is served by public water, public sewer, and
other necessary public services (i.e. electricity, natural gas, and telephone).
5. The design of the subdivision or the proposed improvements will not cause
environmental damage nor injure fish orwildlife ortheir habitat because the existing
site consists of a former orchard and provides no habitat for State or Federally -
protected wildlife species.
6. The design of the subdivision or the type of improvements will not cause serious
public health problems because proposed noise mitigation measures will assure
that the project is consistent with the standards of the General Plan Noise Element.
The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through, orthe use of property
within the proposed subdivision because no planned public infrastructure will
traverse the project site.
8. The design of the subdivision or improvements will not interfere with the
maintenance or preservation of a historical site because the subdivision design will
be compatible with the existing historic sites, the Swanner Residence and the
Williams Residence to the south, and will preserve a segment of locally historic
State Route 101.
08-16-2005
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby approves a mitigated negative subject to those mitigation
measures established by Exhibit A, CONDITIONS OF APPROVAL TO CITY COUNCIL,
Tentative Tract Map (TTM)16572, Hidden Creek Estates attached hereto and incorporated
herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby approves the project subject to those conditions of
approval established by Exhibit A, CONDITIONS OF APPROVAL TO CITY COUNCIL,
Tentative Tract Map (TTM)16572, Hidden Creek Estates attached hereto and incorporated
herein.
PASSED, APPROVED AND ADOPTED this 16`h day of August 2005
7
WYATT ART, MAYOR
ATTEST:
08-16-2005
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 05-08-16-03 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 16`h day of August 2005, by
the following vote:
AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, & Mayor Hart
NOES: COUNCILPEM R: Pathgate
AB$IAAN: COUNCIIL MEMBER: /None
City Clerk
EXHIBIT A
_ CONDITIONS OF APPROVAL
TO CITY COUNCIL RESOLUTION NO. 05-08-16-03
Tentative Tract Map (TTM) 16572, Hidden Creek Estates
General Conditions:
All building and/or grading permit plans and physical development of the project
site shall be in substantial conformance with the project plans as approved by the
Planning Commission in conjunction with this discretionary application and
including "Tentative Tract Map (TTM) 16572, Hidden Creek Estates, revised to
July 2005, Sawaya Engineering Consultants, Inc. (5 sheets)." Minor modifications
to the Tentative Tract Map that are determined by the Planning Director to be in
substantial compliance with the PC -approved and that do not intensify nor
change the use nor require any deviations from City standards, may be approved
by the Planning Director pursuant to Title 9, Land Use Code, Section 9-2.303,
Administrative Approvals. (PLN)
2. Approval of this application does not relieve the applicant from complying with
other applicable federal, state, County of Orange or City regulations or
requirements. (PLN)
3. The applicant, its agents, and assignees shall defend, indemnify, and hold
harmless the City of San Juan Capistrano, its elected and appointed officials and
employees, and its contract consultants, from any claim, action or proceeding to
attack, set aside, or void or annul any land use approval associated with this
project, including but not limited to California Environmental Quality Act
requirements, under the Municipal Code, Title 9, Land Use Code. Upon notice
provided by the City to the applicant, its agents, or assignees, of service of
process of such claims or actions, the project proponent, it agents, and
assignees, shall immediately act to provide an appropriate defense to such
claims or actions. (PLN)
4. The applicant or successor(s) in ownership, shall be responsible for informing all
subcontractors, consultants, engineers, other business entities providing services
related to the project, or any subsequent owner should the project be sold, of
their responsibilities to comply with these conditions and all pertinent
requirements in the San Juan Capistrano Municipal Code, including, but not
limited to, the requirements for all contractors to obtain a City business license,
and for approval by the Planning Department of a Temporary Use Permit for
construction trailers and staging areas. (PLN)
5. The applicant shall pay all fees at the time fees are determined payable,
including any required supplemental plan check fees due to plan revisions, and
any fees required by the applicable federal, state, County of Orange, and other
local agencies. (PLN)
6. Should any discrepancy arise between these conditions and subsequent
conditions established by final revised plans approved for any subsequent phase,
those conditions established as part of the later approval shall prevail.
CC Resolution 05-08-16-03 Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 2 of 14 pages
7. The applicant or successor(s) in ownership, shall be responsible for the on-going
maintenance and upkeep of the developed and undeveloped portions of the site,
in accordance with the City's Municipal Code. (PLN)
Planning Conditions:
8. Final Landscaping Plans. Prior to the issuance of any grading permit, the
applicant shall submit final landscaping plans for review and approval by the
Design Review Committee. The final landscape plans shall be consistent with the
preliminary landscaping plan reviewed by the Design Review Committee. Prior to
Design Review Committee review, the final landscape plan shall be designed to
maximize the preservation of existing specimen trees (24 inches or greater in
diameter) with a condition rating of at least 55% by the Arborist's Tree Survey
(dated February 3, 2005 by Michael Mahoney) and assessed by the arborist to
be "transplantable", either in-situ or through relocation on-site. (PLN)
a. All proposed specimen trees to be planted along the Camino Capistrano
frontage shall be situated on the project site outside the public right-of-way.
The applicant shall enter into a landscape maintenance agreement with the
City to maintain the existing trees along the Camino Capistrano frontage of
the project site which serve as a visual buffer to the project.
c. The applicant shall preserve the remnant 1880s wagon either on-site or
relocated off-site, and if preserved on-site, shall be situated in the landscaped
common area between the proposed private street and Camino Capistrano.
9. Tree Removal Permits. No tree removal permit shall be issued for the removal of
any existing tree on the project site with a diameter of 24 inches or greater and
with a condition rating of at least 55% by the Arborist's Tree Survey (dated
February 3, 2005 by Michael Mahoney) until such time that the Design Review
Committee has approved the final landscape plan. The City may issue tree
removal permits for those tree designated for relocation on-site, trees designated
for removal, and for any tree 24 inches or greater in diameter with a condition
rating of less than 55% by the Arborist's Tree Survey, including the existing 60"
Sycamore tree, which will be evaluated by an arborist in order to preserve the
tree in place, if possible. (PLN)
10*. Prior to building permit issuance, the applicant/developer shall submit final
building architectural plans, color & material board, and perimeter wall -fencing
plans for review and approval by the Design Review Committee. The color &
material board shall incorporate a palette which is compatible with the
surrounding natural setting. Building permit plans shall be in substantial
compliance with the DRC -approved architectural plans, color & material board,
and perimeter wall -fencing plans.
11.* Prior to building permit issuance, the applicant/developer shall submit final
landscape plans for review and approval by the Design Review Committee. To
the extent possible, proposed trees along the Camino Capistrano frontage will be
sited in a "triangulated" pattern to create a more natural appearance. The entry
median shall be planted with Coast live oak, Willow, or similar California native
species.
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval. August 16, 2005
page 3 of 14 pages
-- 12*. Prior to issuance of any grading permit, the applicant/developer shall submit a
tree preservation management plan prepared by a certified arborist identifying
the specific protective measures to be taken prior to and during grading operation
to protect existing specimen trees designated for preservation.
13* The applicant shall either construct the proposed project outside of the
breeding/nesting season (identified as February 15 through August 31) or
provide noise attenuation such that noise levels do not exceed 60 dBA Hourly
Leq at the margin of potential habitat. In the event construction occurs during
breeding/nesting season, the applicant shall retain the services of an acoustical
consultant to conduct noise monitoring during grading and construction in order
to identify specific methods of noise attenuation. In addition, the applicant shall
also retain the services of a biologist to assist in the noise monitoring and
methods of attenuation. The biological consultant will also be responsible for
coordinating with the applicable regulatory agencies (i.e., U.S. Fish and Wildlife
Service and California Department of Fish and Game), as a courtesy, and
providing the Planning Director with a brief report summarizing noise attenuation
methods/nesting bird survey results.
14*. Prior to issuance of a grading permit, the applicant shall submit to the Planning
Department documentation that a Register of Professional Archeologists (RPA) -
qualified archaeologist has been retained to monitor site clearing, grading, and
excavation activities.
15*. The qualified archaeologist shall be present at pre -construction meetings to
advise construction contractors about the sensitive nature of cultural monitoring
requirements. A qualified monitor (defined as an individual with a bachelors
degree in anthropology with archaeological monitoring experience), supervised
by the qualified archaeologist, may be used to observe on- and off-site
construction activities that result in grading, and/or excavating on or below the
original ground surface (including during project -related off-site utility [natural
gas, electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). Should non -human cultural resources be discovered, the
monitor shall have the power to temporarily halt or divert construction activities
until the qualified archaeologist can determine if the resources are significant
and, if significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall be
halted or diverted until the provisions of §7050.5 of the Health and Safety Code
and §5097.98 of the Public Resources Code have been implemented.
16*. During construction/grading activities, a native American monitor shall be
retained to observe construction/grading activities that result in grading,
excavating, and/or trenching on or below the original ground surface (including
during project -related off-site utility [e.g., natural gas, electricity, sewer, water,
drainage, communications, etc. and roadway improvements). The Native
American monitor shall consult with the archaeological monitor regarding objects
and remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the Native
American monitor shall verify that the archaeologist has notified the coroner.
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 4 of 14 pages
17*. Prior to issuance of any grading permit or building permit, the project shall submit
a detailed soils report containing site-specific design parameters and foundation
design which address all California Building Code (CBC) requirements including
potential liquefaction. The soils report shall be subject to review and approval by
the Building & Code Enforcement Manager or his designee. No building or
grading permit shall be issued until the soils report has been approved by the
City and all grading plans and/or building plans have been determined to be
consistent with the design recommendations of the City -approved report.
18*. An erosion and sediment control plan shall be prepared and submitted for review
and approval prior to issuance of any grading permit. The plan shall outline
methods that shall be implemented to control erosion from graded or cleared
portions of the site, including but not limited to straw bales, sandbags, soil
binders, diversion fences, desilting basins, etc. The Plan shall be prepared in
accordance with the City's grading ordinance, the City's water quality ordinance,
the latest NPDES Permit and to the satisfaction of the City Water Quality
Engineer.
19* The Stormwater Pollution Prevention Plan (SWPPP) shall emphasize structural
and non-structural Best Management Practices (BMPs) in compliance with
NPDES Program requirements. Specific measures shall include:
• Siltation of drainage devices shall be handled through a maintenance
program to remove silt/dirt from channels and parking areas.
• Surplus or waste material from construction shall not be placed in drainage
ways or within the 100 -year floodplain of surface waters.
• All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall
be protected in a reasonable manner to eliminate any discharge to waters of
the State.
• During construction, temporary gravel dikes shall be used as necessary to
prevent discharge of earthen materials from the site during periods of
precipitation or runoff.
• Stabilizing agents such as straw, wood chips and/or soil sealant/dust palative
shall be used during the interim period after grading in order to strengthen
exposed soil until permanent solutions are implemented.
• Re -vegetated areas shall be continually maintained in order to assure
adequate growth and root development.
20* Noise sources associated with construction, repairs, remodeling, or the grading
of any real property shall be limited to 7:00 a.m. to 6:00 p.m. on Monday through
Friday, and from 8:30 a.m. to 4:30 p.m. on Saturday. Construction is prohibited
on Sundays and Federal holidays.
21* All construction equipment shall be equipped with available noise suppression
devices and properly maintained mufflers, including "new technology" equipment
capable of attenuating exhaust noises by use of improved mufflers where
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 5 of 14 pages
- feasible. All internal combustion engines will be equipped with mufflers as
specified by the vehicle manufacturer. All construction equipment will be
maintained in good mechanical condition so as to minimize noise created by
poorly maintained engines, drive -trains or similar components (e.g. regular
engine tune up, engine oil changes, drive train and track adjustment, and moving
parts lubrication).
22* Prior to final map approval, the applicant shall submit draft Conditions,
Covenants & Restrictions (CC&Rs) to the Planning Department for review and
approval. Said CC&Rs shall include a provision requiring that all home
purchasers, as a condition of closing escrow, shall execute a notarized Noise
Disclosure Statement acknowledging the site's noise characteristics. The
Disclosure shall be in a form approved by the City. In addition, prior to issuance
of any occupancy permit, the applicant shall execute a Noise Disclosure
Statement. A copy of the executed Noise Disclosure Statement shall be provided
to the Planning Department.
23* Prior to final map approval, the applicant shall submit improvement plans
including the construction of an 8'-0" solid masonry wall along the Orange County
Transportation Authority (OCTA) railroad. The wall shall include adequate wall
"returns" at the north and south boundary of the project site. Prior to the issuance
of any building permit for residences with the exception of a building foundation
permit, the applicant shall complete construction of the 8'-0" solid masonry wall.
24* Prior to any building permit issuance for individual residences on Lots 1 through
6, the applicant shall prepare and submit a site-specific noise impact analysis of
interior noise levels to determine building -specific mitigation of Interstate -5 noise
impacts. Prior to any building permit issuance for individual residences on Lots 7
and 8, the applicant shall prepare and submit a site-specific noise impact
analysis of both interior and exterior noise levels to determine site-specific
mitigation of Interstate -5 noise impacts. The analysis shall be prepared by a
licensed engineer specializing in acoustic analysis and shall be in a form
acceptable to the Planning Director or their designee. The analysis for Lots 1-6
will include building -specific noise mitigation measures to maintain interior noise
levels at or below 45 dBA (CNEL). The analysis for Lots 7 and 8 will include
building -specific noise mitigation measures to maintain interior noise levels at or
below 45 dBA (CNEL) and site-specific noise mitigation measures to maintain
exterior noise levels within a portion of the private outdoor space at or below 65
dBA. Building permit plans for proposed residences shall be consistent with the
Planning Department -approved noise impact analysis and required noise
attenuating measures.
Prior to any building permit issuance for individual residences on all lots (Lots 1
through 8), the applicant shall prepare and submit a site specific noise impact
analysis of interior noise levels to determine the impact of Interstate -5 on interior
noise. The analysis shall be prepared by a licensed engineer specializing in
acoustic analysis and shall be in a form acceptable to the Planning Director or
their designee. The analysis will include building -specific noise mitigation
measures which will maintain interior noise levels at or below 45 dBA (CNEL).
Building permit plans for proposed residences shall be consistent with the
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 6 of 14 pages
Planning Department -approved noise impact analysis and required noise
attenuating measures.
25* Prior to occupancy permit issuance, the applicant shall complete the installation
of all noise attenuating measures as specified in the Planning Department -
approved noise impact analysis subject to inspection and verification of the
Planning Director or their designee.
Engineering & Building Department Conditions:
26. Compliance. Prior to final map approval, the Parcel Map shall be developed in
full compliance with the State of California Subdivision Map Act and the City of
San Juan Capistrano Municipal Code and the Capistrano Valley Water District
Standard Specifications as last revised 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.).
27. Pay Fees and Post Sureties. Prior to final map approval, the applicant shall fulfill
all applicable engineering fee requirements, as last revised, in accordance with
the City Municipal Code, Section 9-5, the Capistrano Valley Water District
Schedules of Rates and Charges, as last revised, and post securities to insure
satisfaction performance of proposed grading, drainage, erosion and sediment
control, sewer, water, street and all appurtenant improvements (Engr.).
28. Tentative Map Compliance and Closure Calculations. Prior to final map
approval, the applicant shall submit to the City Engineer for review and shall
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.).
29. Fire Hydrants. Prior to final map approval, the applicant shall submit to the Fire
Authority evidence that the location of the nearest fire hydrant is in compliance
with applicable requirements (Engr. & PW).
30. CC&Rs & Home Owners Association Maintained Improvements. Prior to final
map approval, the applicant shall submit for review and shall obtain approval of
the City's Planning Director, for Covenants, Conditions and Restrictions (CC&Rs)
and/or Homeowner's Agreements which shall indicate the common access road
easement and all areas and facilities to be maintained or owned and maintained
by the Homeowners Association (Engr.).
31. Private Drive Easement. Prior to final map approval, the applicant shall indicate
on the Final Map that the proposed 28' wide common access street will be
serving the eight residential lots of this Tentative Tract 16572. The map notation
shall designate the access street as private and the Covenants, Conditions and
Restrictions (CC&Rs) shall include the maintenance obligations of the Home
Owners Association (Engr.).
32. Street Access Release. Prior to final map approval, the applicant shall indicate
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval. August 16, 2005
page 7 of 14 pages
- 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
Camino Capistrano except at the proposed access street intersection (Engr.).
33. Right-of-way Dedication. Prior to final map approval, the applicant shall
dedicate to the City the necessary right-of-way, along the Camino Capistrano
frontage to accommodate an eighty foot minimum street right-of-way width in
accordance with City's Secondary Rural Arterial Standard Section (Engr.).
34. Post Bond/Provide Securities. Prior to final map approval, the applicant shall
provide labor and material bonds or securities to insure installation of the
improvements listed below. Said bonds or securities shall be in the amount of
100% of the estimated improvement cost for each, but not limited to, of the
following: street improvements, street Monumentation, street lights, storm drains,
sewer, landscaping and irrigation. Said bonds or securities may be released
upon successful completion of said improvements. In addition, the applicant
shall provide performance bonds or securities in the amount of 100% of the
estimated improvement costs to insure the efficacy of said improvement.
Improvement cost estimates shall be prepared by a Registered Civil Engineer
and approved by the City Engineer and City Attorney. Release of bonds or
securities shall be in accordance with the terms of the Subdivision Improvement
Agreement associated with TTM 16572, if applicable, or as determined by the
City Engineer (Engr.).
35. 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 City of the final
County Surveyor approved digital map in a .PXF format. All Digital Submissions
Submission Standards. (Eng r.).
36. Street Improvement Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer, for review
and obtain approval for, Street Improvement Plans, prepared by a Registered
Civil Engineer. These plans shall show all existing and proposed easements,
improvements and right-of-way dedications, including but not limited to the
following:
a) A southbound, 100 -foot right -turn lane, into the project. The right -turn
lane shall be a minimum eight feet wide. All tapers and transitions shall
be per Caltrans standards.
b) A northbound, 100 -foot left -turn lane, into the project. The left -turn lane
shall be a minimum eleven feet wide. All tapers and transitions shall be
per Caltrans standards.
C) All radii at the intersection of Camino Capistrano and the private street
shall be a minimum 25 -foot radius.
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval. August 16, 2005
page 8 of 14 pages
d) The geometrics of the private street shall be designed to accommodate
the turning radii for a "Single Unit" vehicle with parked vehicles.
e) Street width for the private street shall be a minimum 28 feet with parking
allowed on one side only.
f) Old Highway 101 shall be retained to the maximum extent possible.
g) Dedication of street right-of-way along Camino Capistrano frontage to
accommodate an 80 foot minimum right-of-way width in accordance with
City's Secondary Rural Arterial Standard Section.
h) The existing bicycle lanes along Camino Capistrano shall be maintained
and incorporated in the street design.
PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS
37. All Construction Work Requires a Permit. Prior to issuance of grading and right-
of-way improvement permits, any and every improvement work, whether
performed on-site or off-site, requires a Right -of -Way Encroachment Permit
issued by the Engineering Division. The purpose of such permit is to ensure the
integrity of all existing improvements affected by the permit's construction
activities (Engr.).
38. Soils/Geology Report. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer and Building
Official 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.).
39. Storm Runoff, Hydraulic/Hydrology Calculations. Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for 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, standards and Orange County
Public Facilities & Resources Department (OCPF&RD) design criteria (Engr.).
40. Grading Plans. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer for review and obtain
approval for Grading Plans prepared by a Registered Civil Engineer. These plans
shall show the limits of grading, drainage, perimeter walls with footings contained
within the tract boundaries, sewer, water and frontage parkway 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 properly conveyed
denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 9 of 14 pages
to the street in compliance with the National Pollutant Discharge Elimination
System (NPDES) standards and requirements, or to a City approved drainage
facility. Any exception shall be subject to review and approval by the City
Engineer (Engr.).
41. Erosion & Silt Control Plans. Prior to issuance of grading and right-of-way
improvement permits, 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 and proper precautions to
prevent public trespass onto certain areas where impounded water may create a
hazardous condition. In order to control pollutant run-off, the applicant shall
demonstrate to the satisfaction of the City Engineer that all water quality best
management practices incorporated into the development of this land subdivision
shall be designed in accordance with the National Pollutant Discharge
Elimination System (NPDES) standards, and the requirements of Sections
F.1.b(2)(b) and F.1.b(2)(c) of the San Diego Regional Water Quality Control
Board Order No. R9-2002-0001 and the City's water quality ordinance and Local
Implementation Plan (Engr.).
42. Water Quality Requirements and Compliance. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer
for review and shall obtain approval for a Water Quality Management Plan
(WQMP), specifically identifying structural and non-structural Best Management
Practices (BMPs) that will be used on-site to control predictable pollutant runoff.
The applicant shall obtain and follow the City of San Juan Capistrano's WQMP
outline and instructions. The applicant shall also comply with all the requirements
of the latest NPDES Permit, the City's Water Quality Ordinance and the Clean
Water Act (Engr.).
43. Dry Utilities (Electricity. Telephone, Cable TV, Gas). Prior to issuance of right-
of-way improvement permits, 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. Any exception shall be subject to review and approval by the City
Engineer (Engr.).
44. Sewer and Water Improvement Plans. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall submit to the City Engineer, for
review and obtain approval for, Sewer and Water Plans prepared by a
Registered Civil Engineer. These plans shall be specific to the project and shall
reflect consistency with the City's Sewer and Water Master Plans, City's
standards, specifications and codes and the Capistrano Valley Water District
(Engr.).
45. Orange County Fire Authority Conditions. Prior to issuance of grading and right-
of-way improvement permits, in the event that compliance with Orange County
Fire Authority standards for access, turn around and other elements requires
modifications to the Tentative Tract Map, the map must be modified accordingly
at applicant cost. Any changes to the Tentative Tract Map to meet such
standards must be in accordance with all applicable City codes, ordinances and
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval. August 16, 2005
page 10 of 14 pages
conditions (Engr.).
46. Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation / exportation of soil in and out of the project
site, the applicant shall submit to the City Engineer for review and obtain
approval for, a Haul Route Plan specific to the project and in compliance with all
applicable City standards (Engr.).
47. Obtain Haul Route Permit. Prior to issuance of grading and right-of-way
improvement permits, for importation / exportation of soil in and out of the project
site, the applicant shall submit a permit application, provide security deposit and
obtain a Haul Route Permit from the Engineering Division which will specify the
dates and times and head ways for hauling activities (Engr.).
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
48. Filing with County Surveyor the Corner Records. Prior to issuance of Certificate
of Occupancy, 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.).
49. Complete all Improvements to the City's Satisfaction. Prior to issuance of
Certificate of Occupancy, the applicant shall complete, to the satisfaction of the
City Engineer, all facility improvements necessary to serve the development in
accordance with the approved plans and approved exceptions, including but not
limited to the following: (Engr.).
a) A southbound, 100 -foot right -turn lane, into the project.
b) A northbound, 100 -foot left -turn lane, into the project.
C) All radii at the intersection of Camino Capistrano and the private street
shall be a minimum 25 -foot radius.
d) The private street shall be constructed to accommodate the turning radii
for a "Single Unit" vehicle with parked vehicles on one side.
e) Street width for the private street shall be a minimum 28 feet with parking
allowed on one side only.
f) The existing bicycle lanes along Camino Capistrano shall be maintained.
PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE
SECURITIES
50. Provide As -Built Molars/Dioital Format. The applicant shall submit to the City
Engineer for review and obtain approval for the reproducible "As Built" Plans of
all improvement works completed and accepted. Said plans shall be prepared by
a Registered Civil Engineer. The applicant shall also submit digital copies of all
"As Built" plans in accordance with the latest edition of the City of San Juan
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 11 of 14 pages
Capistrano Digital Submission Standards (Engr.)
51. 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.).
Orange County Fire Authority (OCFA) Conditions:
52. Emergency Access & Fire Hydrant Location and Underground Fire Protection.
a) Prior to the recordation of the subdivision map the applicant shall submit
a fire hydrant location plan to the Fire Chief for review and approval.
b) Prior to the issuance of a building permit, the applicant shall submit
evidence of the on-site fire hydrant system to the Fire Chief and indicate
whether it is public or private. If the system is private, it shall be reviewed
and approved by the Fire Chief prior to building permit issuance, and the
applicant shall make provisions for the repair and maintenance of the
system in a manner meeting the approval of the Fire Chief. Please
contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy
of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground
Piping."
C) Prior to the issuance of any certificate of occupancy, all fire hydrants shall
have a blue reflective pavement marker indicating the hydrant location on
the street as approved by the Fire Chief, and must be maintained in good
condition by the property owner. Please contact the OCFA at (714) 744-
0499 or visit the OCFA website for a copy of the "Guideline for Installation
of Blue Dot Hydrant Markers."
53. Water Availability (Emergency Access & Fire Hydrant Location). Prior to the
recordation of the subdivision map the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
Protection" form shall be signed by the applicable water district and submitted to
the Fire Chief for approval. If sufficient water to meet fire flow requirements is
not available an automatic fire extinguishing system may be required in each
structure affected.
54. Automatic Fire Sprinkler Systems.
a) Prior to the recordation of a subdivision map, a note shall be placed on
the map stating that all residential structures exceeding 5,500 square feet
(per amendment) and all structures exceeding fire department access
requirements shall be protected by an automatic fire sprinkler system in a
manner meeting the approval of the Fire Chief.
b) Prior to the issuance of a building permit, the applicant shall submit plans
for any required automatic fire sprinkler system in any structure to the Fire
* denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 12 of 14 pages
Chief for review and approval. Please contact the OCFA at (714) 744-
0499 for additional information.
C) Prior to the issuance of a certificate of occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief.
55. Fire Access Roads.
a) Prior to the recordation of the subdivision the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
feet of all portions of the exterior of every structure on site. Please contact
the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of
the "Guidelines for Emergency Access, or Bulletin number 08-99, "Fire
Department Access Requirements for A Single Family Residence."
b) Prior to the issuance of a precise grading permit or building permit, the
applicant shall submit and obtain approval of the Fire Chief and City Staff
of plans for all public or private access roads, streets and courts. The
plans shall include plan and sectional views and indicate the grade and
width of the access road measured flow -line to flow -line. When a dead-
end street exceeds 150 feet or when otherwise required, a clearly marked
fire apparatus access turnaround must be provided and approved by the
Fire Chief. Applicable CC&Rs or other approved documents shall contain
provisions which prohibit obstructions such as speed bumps/humps,
control gates or other modifications within said easement or access road
unless prior approval of the Fire Chief is granted. Please contact the
OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access."
56. Fire Lane Markings.
a) Prior to the issuance of any grading or building permits, the applicant
shall submit plans and obtain approval from the Fire Chief for fire lanes
on required fire access roads less than 36 feet in width. The plans shall
indicate the locations of red curbs and signage and include a detail of the
proposed signage including the height, stroke and colors of the lettering
and its contrasting background. Please contact the OCFA at (714) 744-
0499 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access Roadways and Fire Lane Requirements," or Bulletin
06-99, "Fire Lane Requirements on Private & Public Streets Within
Residential Developments."
b) Prior to the issuance of any certificate of occupancy, the fire lanes shall
be installed in accordance with the approved fire lane plan. The CC&Rs
or other approved documents shall contain a fire lane map, provisions
prohibiting parking in the fire lanes, and an enforcement method.
57. Combustible Construction Letter. Prior to the issuance of a building permit for
combustible construction, the builder shall submit a letter on company letterhead
stating that water for fire -fighting purposes and all-weather fire protection access
roads shall be in place and operational before any combustible material is placed
denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval. August 16, 2005
page 13 of 14 pages
on site. Building permits will not be issued without OCFA approval obtained as a
result of an on-site inspection. Please contact the OCFA at (714) 744-0499 to
obtain a copy of the standard combustible construction letter.
Public Works Department
WATER DIVISION CONDITIONS:
PRIOR TO FINAL MAP APPROVAL BY CITY COUNCIL
58. The applicant shall pay all applicable Domestic and Non -Domestic Water
Development Charges in accordance with the City's Schedule of Rates and
Charges, as last revised and in compliance with the City water standard
specifications. (PW)
59. The applicant shall be responsible to dedicate all water rights, public water
facilities, and any required water easements to the City, at no cost to the City, in
accordance with City water standard specifications. These water rights, public
water facilities, and water easements shall be dedicated to City on the Final Map.
(PW)
60. The applicant shall be responsible to provide an engineer's construction cost
estimate of the water facilities to be dedicated to the City and said cost estimate
will be used as the basis for the calculation of a portion of the fees and the surety
amount. (PW)
61. The applicant shall be responsible to post the required surety bond, or other
acceptable form of security to guarantee completion of the water facilities that are
to be dedicated to the City. (PW)
PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS:
62. The applicant shall be responsible to obtain, from the Orange County Fire
Authority (OCFA) the required fire flow demands and fire protection requirements
to serve said Tentative Tract Map (TTM) 16572. (PW)
63. The applicant shall submit to the City Engineer and Water Engineering Manager
the proposed water system that shall connect to the existing 24 -inch CML&C
water transmission main that is located in Camino Capistrano. The connection to
the 24 -inch water main shall include the cut -in installation of 2-24 inch main line
valves with 1-2 inch blow off assembly and 1-2 inch air/vac assembly on either
side of the 24 -inch main line valves. All cut -in constructed water facilities shall be
welded CML&C steel pipeline with cathodic protection bonding wires installed in
accordance with AWWA standard specifications. The connection branch into the
tract shall have a minimum of a 12 -inch resilient wedge gate valve and 12 -inch
C-900, CL -200 water main pipeline. This 12 -inch pipeline shall incorporate the
installation of a 12 -inch resilient wedge gate valve with a 12 -inch C-900, CL -200
water main extended to the southerly boundary of the subject tract. (PW)
64. The applicant shall submit to the City Engineer and the Water Engineering
Manager for review, and shall obtain approval for, sewer and water plans
prepared by a Registered Civil Engineer. These plans shall be specific to the
denotes a mitigation measure established by the Mitigated Negative Declaration
CC Resolution 05-08-16-x Conditions of Approval
TTM 16572, Hidden Creek Estates Date of Approval: August 16, 2005
page 14 of 14 pages
project and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, City water standard
specifications, and the Rules and Regulations for users of Non -Domestic Water.
The sewer plans shall indicate that all proposed sewer manholes shall be lined
with polyurethane, or equal approved material, at the applicant's cost to the
satisfaction of the City Engineer. (PW)
PRIOR TO ISSUANCE OF BUILDING PERMITS:
65. Prior to the issuance of building permits, the applicant shall complete the
construction of all the domestic and non-domestic water system's and irrigation
facilities required to serve the subject project in compliance with City municipal
codes and the City's water standard specifications. (PW)
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
66. Prior to the acceptance of water, sewer, storm drain, and street improvements
and release of performance securities, the applicant shall submit to the City
Engineer and the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from the
signed plans of all the domestic water system, and the landscape irrigation
system, sewer, storm drain, and street improvements. These "Record Drawings"
are also required to be provided to the City in digital format, in accordance with
the "City of San Juan Capistrano Digital Submission Standards". (PW)
Responsible Agencies: ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
PD = Police Services Department
AM = Archeological Monitor
PM = Paleontological Monitor
MLD = Most Likely Descendent
PC =Planning Commission
DRC = Design Review Committee
CHC = Cultural Heritage Commission
* denotes a mitigation measure established by the Mitigated Negative Declaration