Resolution Number 05-09-06-06RESOLUTION NO. 05-09-06-0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF
PETITION, DIRECTING NOTICE TO BE MAILED TO THE PROPERTY
OWNER AND SETTING A TIME AND DATE FOR PUBLIC HEARING
FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT DISTRICT
PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES
CODE OF THE STATE OF CALIFORNIA, DIVISION 17 "GEOLOGIC
HAZARD ABATEMENT DISTRICTS" TRACT 16634, WHISPERING
HILLS ESTATES (WHISPERING HILLS, LLC.).
WHEREAS, Exhibit A is a petition representing the entire real property to be
included within the proposed District (PRC 26550.5); and
WHEREAS, the City Clerk of the City of San Juan Capistrano has reviewed the
petition and declares it sufficient pursuant to Public Resources Code Division 17
"Geologic Hazard Abatement Districts" (PRC 26552 and 26553); and
WHEREAS, the City Council shall set a date for public hearing and cause a
notice to be mailed to the owner of the entire real property within the District (PRC
26557).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano directs and declares as follows:
SECTION 1. This resolution is made pursuant to Public Resources Code
Division 17,"Geologic Hazard Abatement Districts" (PRC 26558a).
SECTION 2. The City Clerk of the City of San Juan Capistrano has reviewed the
petition and declares it sufficient pursuant to Public Resources
Code, Division 17 "Geologic Hazard Abatement Districts" (PRC
26552 and 26553).
SECTION 3. A plan of control is presented with said petition which has been
reviewed and it has been determined that health, safety and
welfare require formation of a Geologic Hazard Abatement District
(PRC 26558b).
SECTION 4. A public hearing is set for October 4, 2005 at 7:00 p.m. in the City
Council Chambers, City Hall, City of San Juan Capistrano, 32400
Paseo Adelanto, San Juan Capistrano, to accept all public
testimony regarding said Geologic Hazard Abatement District (PRC
26558c).
1 09-06-2005
SECTION 5. City Clerk is hereby directed to notify the owner of the entire real
property included within the proposed Geologic Hazard Abatement
District pursuant to Public Resources Code Sections 26561, 26562
and 26563 (PRC 26558c).
PASSED, APPROVED, AND ADOPTED this 6th day of September 2005.
ATTEST:
STATE OF CALIFORN
CITY OF SAN JUAN
WYAVr HART, O.
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 05-09-06-06 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 6`h day of September 2005, by
the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: None
R. MONAHAN,
09-06-2005
PETITION FOR FORMATION OF
GEOLOGIC HAZARD ABATEMENT DISTRICT
PURSUANT TO DIVISION 17 (Commencing with Section 26500)
OF THE PUBLIC RESOURCES CODE
OF THE STATE OF CALIFORNIA
TO: THE CLERK OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO
The undersigned owners of land within the boundaries of the district proposed in
this Petition hereby request that the City Council initiate proceedings to form a Geologic
Hazard Abatement District pursuant to the provisions of Division 17 of the California
Public Resources Code Sections 26500 et seg.
(a) This Petition is made pursuant to Division 17 of the California
Public Resources Code with particular reference to Sections 26550.5, 26552 and
26553 of said Code.
(b) Opposite the signature of each of the petitioners is an indication of
the lot, tract and map number or other legal description sufficient to identify the
signature of the petitioner as that of an owner of land within the territory proposed
to be included within the proposed district.
(c) Opposite the signature of each petitioner is an indication of the
date on which said petitioner's signature was affixed to this Petition.
(d) The following documents are attached to this Petition and are
incorporated herein by this reference as if set forth in full in the Petition:
(i) As Exhibit "A-1" and "A-2", legal descriptions of the
boundaries of the territory proposed to be included within the proposed
district;
(ii) As Exhibit `B-1" and `B-2", maps of the boundaries of the
territory to be included within the proposed district; and
(iii) As Exhibit "C", a "Plan of Control" prepared by Michael
R. Stewart, CEG, Principal Geologist/Vice President, Leighton and
Associates, Inc., 3934 Murphy Canyon Road, Suite B205, San Diego,
California 92123-4425, an engineering geologist certified pursuant to
Section 7822 of the Business and Professional Code which describes a
geologic hazard (as such term is defined in Section 26507 of the California
Public Resources Code), its location and area affected thereby, and a plan
for the prevention, mitigation, abatement, or control thereof.
Exhibit A
This Petition is signed by the following owners of land within the territory
included within the proposed district:
PETITION
Exhibit A
Lot, Tract and Map Number or
Other Sufficient Legal Description
Date of
Signature of Owner, Typed or Printed
of Land Owned within Territory of
Signature by
Name of Owner and Mailing Address
Proposed District
Owner
Signature
All of the real property described on
1. See Schedule 1 Attached
Exhibit A attached to this Petition
2005
Typed or Printed Name of owner
Whispering Hills, LLC
Mailing Address
Whispering Hills, LLC
c/o Concorde Development
19700 Fairchild Road, Suite 120
Irvine, CA 92612
Signature
2.
2005
Typed or Printed Name of Owner
Mailing Address
Signature
3 •
2005
Typed or Printed Name of Owner
Mailing Address
Signature
4.
e
2005
Typed or Printed Name of Owner
Exhibit A
SCHEDULEI
By: WHISPERING HILLS, LLC, a Delaware
limited liability company, as managing
member
Exhibit A
EXHIBITS `B-1" AND `B-2"
PROPERTY DECRIPTION EXHIBITS VTTM 16634
Exhibit A
EXHIBIT "C"
Plan of Control
1. Site Description and Geologic Hazard. The site proposed for development
of Vesting Tentative Tract 16634 in the City of San Juan Capistrano is located within a
large regional area known to contain geologic hazards. Topographically, the area is
characterized by a series of relatively steep natural slopes, ridgelines and deep canyon
areas. The geologic unit which underlies the site is the late Miocene to early Pliocene
aged Capistrano Formation. Geologic hazards known to exist in this general area include
ancient landslides, thick deposits of compressible alluvium in canyon bottoms, and
colluvial soils on natural slope areas. In addition, a series of inactive faults have been
mapped throughout the region. The soils which comprise the Capistrano Formation in
general consist of siltstones, sandstones, and claystones. In particular, the siltstone and
claystone units are prone to slope instability when exposed in a slope face. These soils
are also generally highly expansive and can cause distress to at -grade improvements if
not addressed.
Prior to development of Vesting Tentative Tract 16634, a geotechnical investigation was
performed in accordance with the current standards of care for the geotechnical
profession in Southern California and the guidelines of the City of San Juan Capistrano.
This investigation identified geologic hazards on the site and provided recommendations
to mitigate the known geotechnical hazards. Site mitigation will include removal and
recompaction of potentially compressible soils in areas of proposed development,
complete removal of ancient landslides, the stabilization of selected proposed cut slopes,
control of surface runoff, installation of subdrains to minimize the accumulation of
ground water and reinforcement of fill slopes having inclinations steeper than gradients
of 2:1 (horizontal to vertical). Geologic mapping and observation during site grading to
identify the known and possible other geologic hazards will be performed.
In addition, other geologic hazards resulting in part from site development will be
present. Infilling of deep canyon areas (which will buttress natural slopes) creates a
potential for some fill settlement. Recommended mitigation for fill settlement will likely
include placement of the fill at moisture contacts above the soils optimum moisture
content, increased compactive effort (i.e., fills placed at greater than 90 percent minimum
relative compaction), installation of subdrains and the installation and monitoring of
settlement monuments to determine the time period required to allow settlement of the
deep fills to occur prior to construction. In addition to anticipated differential settlement,
the onsite soils are likely to be very highly expansive. Soils such as these are likely to be
prone to some slope creep when exposed in and/or near a slope face. In order to
minimize the effects of possible slope creep and expansive soils, structural setbacks from
tops of slopes, increased or special reinforcement of foundations and slabs, and
presaturation of slab subgrade soils are recommended. Anticipated differential
Exhibit A
settlements and applicable geotechnical parameters are also provided to the project —_
structural and civil engineers for their consideration.
Site development will also include the construction of a number of lots at the base of
steep, narrow small tributing canyons. Geotechnical analysis indicates the mud flow
hazards on the site are considered low. However, the mud flow potential is greater
during times of intense rainfall episodes and especially after the slopes are disturbed or
denuded by fire. To minimize the potential adverse affects of mudflows, a series of
debris fences and catchment areas may be utilized.
A more complete discussion of the site geology hazards that may impact the site are
presented in the geotechnical reports for the project. These reports are on file and
available for review at the City of San Juan Capistrano.
2. Geologic Hazard Potential. The City has recognized that geologic hazards
do exist in the area and approved the geotechnical reports which provide
recommendations and solutions to these concerns. The city has also recognized that the
recommended solutions are based on the current level of technology and standards of
care. In addition, the recommendations presented in the project geotechnical reports are
intended to reduce the potential for future geotechnical concerns but cannot eliminate all
future risk. Recognizing that there will always be a potential for a geologic hazard to
occur, the city has requested that a hazard abatement district be established to correct any
future problems that may occur on the site.
3. Plan for Control. In the event that a geologic hazard were to occur, a plan
for control and mitigation of the condition shall be established. Because all known
geologic hazards will be mitigated in accordance with current standards during
construction, the hazards which may require future mitigation or control are unknown.
Therefore, in the event a geologic hazard is identified, the plan for control will be to
retain a qualified geotechnical consultant approved by the city to develop a plan of
control appropriate for the identified hazard which describes in detail, the geologic
hazards, their location and affected area and a plan for prevention, mitigation, abatement
and control of such hazards. Potential techniques in this regard include identification and
monitoring of slide areas, slide removal and recompaction, and if and to the extent
appropriate, the construction of debris basins, benches, retaining walls and other
buttressing devices.
-2-
Exhibit A