Resolution Number 05-11-01-04RESOLUTION NO. 05-11-01-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
AND APPROVING A VESTING TENTATIVE TRACT MAP 16168 FOR
THE DEVELOPMENT OF 4 SINGLE FAMILY RESIDENTIAL LOTS AND
THREE LETTERED LOTS ON A 1.0 ACRE PARCEL LOCATED 700
FEET WEST OF ALIPAZ STREET AND 100 FEET SOUTH OF PASEO
TOSCANA (ASSESSOR'S PARCEL NUMBER 121-171-19; VILLAGE
ALIPAZ, LLC).
WHEREAS, Alipaz, LLC, requests approval of a subdivision map to
subdivide a 1.0 acre parcel into four single family residential lots, and three
lettered lots. The lots will be divided in the following manner: (Lot 1) 7,590 sq. ft.,
(Lot 2) 4,900 sq. ft., (Lot 3) 4,660 sq. ft. and (Lot 4) 4,900 sq. ft. The proposed
tentative tract map was originally approved on November 6, 2001 and expired on
November 6, 2003. The proposed tentative tract map will not result in any
significant physical changes to footprint of the previously approved site plan. The
property has a General Plan designation of "MHD" (Medium High Density 3.5 to
8.0 du/ac), and a Zoning Designation of RG 4,000 Residential Garden; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.345, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act
(CEQA) Guidelines, has issued a Mitigated 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 will be included in the final approving
resolution as conditions of approval; and,
WHEREAS, on November 6, 2001, the City Council adopted Resolution
No. 01-11-06-02 conditionally approving Tentative Tract Map 16168, Village
Alipaz, a subdivision of a 1.0 acre parcel into four residential lots; and,
WHEREAS, on November 6, 2003, the approved Tentative Tract Map
expired; and,
WHEREAS, the Planning Commission conducted a duly -noticed public
hearing on September 27, 2005, pursuant to the provisions of Section 9-2.335 of
the Title 9, Land Use Code, Administrative Policy 409, and Planning Department
Policy 510 to consider public testimony; and,
WHEREAS, On September 27, 2005, the Planning Commission
conducted a duly -noticed public hearing and approved Resolution 05-9-27-5
recommending adoption of a Negative Declaration and recommending City
Council approval of Tentative Tract Map 16168; and,
WHEREAS, the City Council conducted duly -noticed public hearing on
November 1, 2005 pursuant to the provisions of Section 9-2.335 of the Title 9,
Land Use Code, Administrative Policy 409, and Planning Department Policy 510
to consider public testimony,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the General Plan and Specific
Development Plan (SDP) 99-01 because the proposed residential use and
density is expressly allowed by the "2.4 Medium -High Density Residential' land
use designation and does not exceed the maximum permitted density of 5 to 8
dwelling units per gross acre; and,
2. The design and improvements of the proposed subdivision are consistent with
the applicable General Plan and Specific Development Plan (SDP) 99-01
because the lot sizes, setbacks, access, street width, and other design features
conform to applicable standards; and,
3. The site is physically suitable for the type of development because the site
topography, geologic characteristics, and soils conditions do not impose
constraints to residential use, the site has adequate access and infrastructure,
the site is free from environmental hazards, and there are no environmental
resource constraints to development; and,
4. The site is physically suitable for the proposed density of development because
the site has adequate developable area to accommodate four single family
residential lots, and access road, fire turnaround, and all required utilities and
easements needed to support the development; and,
5. The proposed project or the proposed improvements will not cause
environmental damage nor injure fish or wildlife or their habitat because it is not
located adjacent to an area that contains wildlife or habitat. The project site exists
as an empty lot except for a private well. It is surrounded by the Village Alipaz
subdivision to the north and a mobile home park to the south. No direct
connections to open areas or wildlife corridors exist in the immediate vicinity of
the parcel in question; and,
6. The proposed project or the type of improvements will not cause serious public
health problems because the four single family residential lots are similar to and
compatible with adjacent residential development to the north and south of the
project site; and,
7. The proposed project or the type of improvements will not conflict with
easements acquired by the public at large for access through, or the use of
property within the proposed subdivision because the private driveway will be
privately maintained by the HOA and all easements have been noted on the
vesting tentative map; and
8. The proposed project does not include any historic sites. In order to mitigate any
potential historic features that are discovered during the construction and in order
to ensure that they are appropriately mitigated, a condition that addresses
historical findings during construction has been included in the conditions of
approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano hereby recommends approval of the project and approval
of a Negative Declaration subject to the conditions of approval established by Exhibit A,
attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective immediately upon adoption. This project approval shall be valid for a period of
24 months from the date of approval of this resolution, and shall expire on November 1,
2007, unless a time extension is requested and approved or a final map is filed with the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 1 st day of November, 2005.
YIT
HART,AYOR
ATTEST:
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. 05-11-01-04 was duly adopted by
the City Council of the City of San Juan Capistrano at a regular meeting thereof, held
the 1 s` day of November 2005, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin & Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
MARRGARgTR. MONAH ill, ity Cle k
EXHIBIT A: CONDITIONS OF APPROVAL
Project #: TTM 16168
APPROVAL DATE:
EFFECTIVE DATE
EXPIRATION DATE
Project Name: Village Alipaz
November 1, 2005
November 1. 2005
November 1, 2007
These conditions of approval apply to Tentative Tract Map # 16168 to subdivide a 1.0
acre parcel into four single family residential lots, and three lettered lots. The lots will be
divided in the following manner: (Lot 1) 7,590 sq. ft., (Lot 2) 4,900 sq. ft., (Lot 3) 4,660
sq. ft. and (Lot 4) 4,900 sq. ft. The property has a General Plan designation of WHD"
(Medium High Density 3.5 to 8.0 du/ac), and a Zoning Designation of RG 4,000
Residential Garden and is generally located 700 feet west of Alipaz Street and 100 feet
south of Paseo Toscana (APN 121-171-19). Any proposed change of use or expansion
of the area or modifications to the site plan or structures shall be submitted to the City
Planning Department along with the required application and fee, for review. For the
purpose of these conditions, the term "applicant' shall also mean the developer, the
owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1. _ Tentative Tract Map # 16168 is granted to create four single family
residential lots, and three lettered lots on a previously approved 4 (four) lot
project on a 1.0 acre parcel zoned RG -4,000 located 700 feet west of
Alipaz Street and 100 feet south of Paseo Toscana (APN 121-171-19).
This approval is granted based on the application materials submitted by
Pardue, Cornwell, & Associates, Inc. on June 20, 2005 prepared by
Pardue, Cornwell, & Associates, Inc. including tentative tract map plans.
These plans and the proposed use of the site are approved as submitted
and conditioned herein, and shall not be further altered unless reviewed
and approved by the affected city departments. Minor modifications to this
approval which are determined by the Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. This approval shall become effective on
November 1, 2005 and shall expire November 1, 2007 (24) months after
the effective date of the approval unless the use or occupancy which is the
subject of this action has taken place and all conditions of approval have
been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval.
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 2 of 17
2. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. _ All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. _ The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with all pertinent
requirements in the San Juan Capistrano Municipal Code, including the
requirement that a business license be obtained by all entities doing
business in the City.
6. _ Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review and
approval by the Planning Department and Building and Safety
Department.
7. _ In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
8. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or
occurring incidental to the establishment or operation.
Project # TTM 16168, Village Alipaz
9. _ The applicant shall
and comply with all
agencies. The duty
applicant.
Final Conditions of Approval
Date: November 1, 2005
Page 3 of 17
pay all fees at the time fees are determined payable
requirements of the applicable federal, state, and local
of inquiry as to such requirements shall be upon the
10. _ The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents.
11. _ All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
12. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
-- accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
13. _ Construction Cost Estimate. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review, and obtain approval
for, an estimate of quantity and construction costs prepared by a
Registered Civil Engineer. Said estimate shall include costs for
construction of all applicable grading, erosion control and water quality
devices, street improvements, signing and striping, street lights, storm
drains, water, sewers, recreational trails, landscape, irrigation systems,
setting of survey monuments and centerline ties. (ENG)
14. _ Post Bond/Provide Securities. Prior to issuance of a grading permit, the
applicant shall provide Performance Bonds/securities for 100% of each
estimated improvement cost as prepared by a Registered Civil Engineer
and approved by the City Engineer and City Attorney for each applicable,
but not limited to, street improvements, signing, signalization, striping and
street lights; storm drains, sewer, recreational trails, landscaping and
irrigation in rights-of-way, private slopes and open space. In addition, the
applicant shall provide Labor and Materials Bonds/securities for 100% of
the above estimated improvement costs as determined by the City
Engineer. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 4 of 17
15. _ Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Precise grading shall be
consistent with the approved conceptual grading plan and site plan. These
plans shall show, at minimum, the limits of grading, the drainage, any
applicable retention/detention basins, sewer, water, trails, parkways,
streets and all appurtenant improvements. The extent of the topography
shall be extended enough to determine the geological and drainage
impacts to adjacent properties. The elevations shall correspond with the
orange County benchmark datum. All drainage must be treated prior to
being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. (ENG/PLN)
In additional, the grading plans shall show the following information:
a. Location, height, materials and colors of any retaining walls. (PLN)
b. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment
shall be screened from public view. Screening shall be compatible
with main structures and include landscaping where appropriate. (PLN)
16. _ Drainage Improvement plans. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review and obtain approval
for Drainage Improvement Plans, specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans shall show
locations of all existing and proposed facilities. All drainage must be
treated prior to being conveyed to the street or a City approved drainage
facility in accordance with the National Pollutant Discharge Elimination
System. If an existing down stream drainage facility is inadequate, or, in
the opinion of the City Engineer, is not sufficiently save to properly carry
the proposed and altered discharge generated by this project, the
applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner
acceptable to the City Engineer. Any deviation from such requirements
shall be subject to City Engineer review and approval. Every proposed
drainage system shall be placed within its proper easement and
appropriately dedicated. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 5 of 17
17. _ Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a
precise grading permit, the applicant shall submit to the City Engineer for
review and obtain approval for a Storm Runoff Management Plan,
prepared by a Registered Civil Engineer showing existing and proposed
facilities, hydraulic and hydrologic study and calculations and the methods
of draining on-site and tributary areas without exceeding the capacity of
any impacted street or facility and without negatively affecting existing
downstream drainage systems and properties. Said study shall be
consistent with the City's Master Drainage Plan in accordance with all
applicable City regulations, OCEMA design criteria, and standards. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
18. _ Soils/Geology. Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist
and Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (ENG)
19. Erosion & Sediment Control Plans. Prior to issuance of grading and right-
of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for Erosion and Sediment
Control Plans, using Best Management Practices prepared by a
Registered Civil Engineer. These plans shall show, in accordance with the
NPDES Permit, all temporary and/or permanent erosion and sediment
control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent
public trespass onto certain areas where impounded water may create a
hazardous condition. (ENG)
20. _ Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty
cubic yards in and out of the project site, the applicant shall submit to the
City Engineer for review and obtain approval for, a Haul Route Plan
specific to the project and in compliance with all applicable City standards.
The Haul Route Plan shall specify dates, times, and headways for hauling
activities. Prior to commencement of haul activities, the applicant shall
obtain a Haul Route Permit and pay required fees to the Engineering
Department. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 6 of 17
21. _ Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading and right-of-way improvement permits, the applicant shall submit
to the City Engineer for review and obtain approval for a program
complying with the requirements of the California Integrated Waste
Management Act of 1989 to reduce construction and demolition debris
through recycling. (ENG)
22. _ Connection to City Drain must be Documented and Filed. Prior to
issuance of grading permit, any proposed connections to existing public
storm drains system, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to exiting plans where points of
connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (ENG)
23. _ NPDES — 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 (BMP's) 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 & Local
Implementation Plan and the Clean Water Act. (ENG)
24. _ NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of
one (1) acre, the applicant shall submit a Notice of Intent (NOI) To the
California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with
development/construction activity in excess of one (a) acre of land.
Evidence that this requirement has been met shall be submitted to the
City Engineer. (ENG)
25. _ Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way,
emergency access including the spine access road, traffic/parking study,
and the on-site driveway and loading zone emergency access areas of the
proposed project shall be reviewed and approved by the Orange County
Fire Authority (OCFA).
_ Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 7 of 17
26. _ Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, 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)
16168 and shall provide evidence of satisfactory fire flow. (PW)
27. _ Utility and Access Easement Through Lot B of Tract 15998. Prior to the
issuance of grading and right-of-way improvements permits, the applicant
shall design and submit to the City Engineer and Water Engineering
Manager the proposed water, sewer, storm drain and street improvements
that system that are entirely within the 22.84' wide easement as dedicated
on the Final Tract Map 15998. The design of said facilities shall be in
compliance with City, County Health, State Health, and State of California
Water Well Standards for the required separation from the existing water
well facility. (PW)
a. The sewer main and storm drain shall be a sealed main free of any joints
continuously from the point of connection in Paseo Toscana to the south
through Lot B of tract 15998 to a location within the proposed VTTM
16168. This location to terminate the sealed sewer main and storm drain
shall be at the first manhole within VTTM 16168 or to a location that is in
compliance with City, County Health, State Health, and State of California
Water Well Standards for the required separation from the existing water
well facility.
b. The applicant shall be responsible to design and submit any required stem
wall, retaining wall, or barrier between the access road improvements and
the City's existing well site facilities and improvements.
28. _ County Surveyor Requirement. Prior to any construction, existing
controlling monumentation shall be protected by tying it out and filing
Corner Records with the County Surveyors Office showing those ties prior
to construction. The applicant shall replace said monumentation in the
new surface following construction, and again file a Corner Record with
the County Surveyors Office showing the final monumentation. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
The following condition shall be completed prior to scheduling the Tentative
Tract Map for City Council review and approval:
29. _ Revisions to Vesting Tentative Tract Map. Prior to scheduling the Vesting
Tentative Tract Map for review by the City Council, the applicant shall
submit a revised Vesting Tentative Tract Map sheet showing the correct
locations of all public water service facilities, lots, and easements, as
approved by the Water Department. (PW)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 8 of 17
The following conditions shall be completed prior to Final Map Approval:
30. _ Street Improvement Plans. Prior to final map approval, the applicant shall
submit to the City Engineer, for review and obtain approval for, Street
Improvement Plans prepared by a Registered Civil Engineer. Said plans
shall be designed per City standards and shall show all existing and
proposed improvements, including but not limited to street grades, street
lights, applicable striping, signage, sewer, water, and all related
appurtenances. Any exception shall be subject to review and approval by
the City Engineer. (ENG)
31. _ Compliance with Map Act and Municipal Code. Prior to approval of each
final map, the tract map shall be prepared and submitted 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 applicant and
his engineer are directed to Section 9-2.3 and 9-4 of the Municipal Code.
(ENG)
32. _ Building Height Locations. Prior to approval of final map, the applicant
shall provide a notation on the final map that indicates which parcel will be
constructed with a 1 (one) story building. (PLN)
33. _ Dedications and Maintenance Responsibility. Prior to approval of final
map, the applicant shall indicate on the final map, to the satisfaction of the
City Engineer, all appropriate dedication and access rights, stating their
purposes and their maintenance responsibilities. (ENG)
34. _ Access Rights Dedication. The final map shall indicate that all access
rights shall be granted to the City for the purpose of allowing access over
private drives within the development for all City vehicles, including police,
fire, and other emergency vehicles. (ENG)
35. _ Sewer and Water Plans. Prior to final map approval, 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 project
and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, City water standard
specifications, and in compliance with State of California water well
standards. 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. (ENG/PW)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 9 of 17
36. _ CC & R's. Prior to final map approval, the applicant shall submit the
Planning Director, City Engineer, and City Attorney for review, and shall
obtain the approval for, a set of Covenants, Conditions and Restrictions
(CC&R's). Said CC&R's shall be recorded with the final map and shall
include, but not be limited to, the following:
a. Creation of a Homeowner Association (HOA) for the purpose of providing
for control over the uniformity of boundary fencing, and the perpetual
maintenance responsibility of areas including, but not limited to, all
common areas, open space, project entry, slopes, fuel modification zones,
irrigation systems, landscaped areas, walls, driveways, parking areas,
structures, street lights, drainage facilities, and all other areas to be owned
and maintained by the HOA. All improvements, including but not limited
to, streets, drainage, street lights, street signage, striping improvements,
parks, graded slopes, landscaping, and irrigation facilities within the
interior of the subdivision designated as private shall remain private and
shall be maintained by the HOA, or shall make other provision for
maintenance, as approved by the City Council. (ENG)
b. The establishment of setback and height requirements for additions and
accessory structures conforming to the development standards for the
project and the San Juan Capistrano Land Use Code. (PLN)
C. A statement indicating that open space (as provided in lettered Lot B on
the tentative map) shall be reflected on the final map by the Homeowners
Association, or other entity approved by the City, as designated open
space with no structures allowed in perpetuity and maintained by a
Homeowner Association or other entity approved by the City, and that no
development or encroachment shall be permitted within the designated
Lot B. (PLN)
d. A statement indicating that proposed amendments to any of the CC&R's
shall be submitted for review to the Planning Director and that, if the
Director determines that the amendment affects any project conditions of
approval or other City regulations or requirements, the amendment will
then require City Council approval prior to the amendment becoming valid.
(PLN)
e. A provision that gives the City the right to assume maintenance of any
NPDES facilities, if the City determines that the homeowners association
has not maintained said facilities in accordance with the permit
requirements, and that, in such event, the homeowners association shall
be financially responsible to pay City for the costs the City incurs in such
maintenance role. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 10 of 17
f. A provision that requires City approval of any amendment to the CC&R's
that will, in any manner, affect the maintenance, function, or integrity of
NPDES facilities. (ENG)
g. A statement indicating that by October first of every year, annual fiscal
year reports will be furnished to the City in compliance with the reporting
requirements of codes and ordinances adopted by the City with respect to
the NPDES program. (ENG)
37. _ Water Improvement Agreement. Prior to final map approval, the applicant
shall execute a Water Improvement Agreement with the City. (PW)
38. _ Water Development Charges. Prior to final map approval, the applicant
shall pay all applicable 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)
39. _ Dedication of Water Rights. Prior to final map approval, 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)
40. _ Construction Cost Estimate. Prior to final map approval, 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)
41. _ Required Surety Bond. Prior to final map approval, 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)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
42. _ Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all the domestic water system
and irrigation facilities required to serve the subject project in compliance
with City municipal codes and the City's water standard specifications.
(PW)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 11 of 17
43. _ Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for
review and approval. Final Landscape Plans shall show the following
information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought
resistant plants as required by the Design Review Committee (DRC).
b. Turf areas shall be designed to minimize overspray. Turf areas shall be
separated from non -turf areas by a mow strip or redwood header.
C. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
d. Backflow devices shall be located so as to be visually inconspicuous, or
screened with landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used as required by the Design Review Committee (DRC).
f. Location, height, materials and colors of all proposed and existing walls
and fences.
g. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices, etc.
h. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures as required by
the Design Review Committee (DRC).
i. Screening of all retaining walls from surrounding neighborhood and distant
views.
44. _ Architectural Building Plans. Prior to the issuance of a building permit, the
applicant shall submit architectural plans for the review and approval of
the Fire Chief if required per the "Orange County Fire Authority Plan
Submittal Criteria Form." Please contact the OCFA at (714) 573-6100 for
a copy of the Site/Architectural Notes to be placed on the plans prior to
submittal. (OCFA)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 12 of 17
45. _ Automatic Fire Sprinkler Systems. Prior to the issuance of a building
permit, the applicant shall submit plans for the required automatic fire
sprinkler system in all structures to the Fire Chief for review and approval.
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Please contact the OCFA at (714) 573-6100 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." (OCFA)
46. _ Fire Access Roads. Prior to the issuance of building permits, the applicant
shall submit a Fire Master Plan and obtain approval of the Orange County
Fire Authority for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure on site. 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 the contrasting background. The plans shall also indicate the
location(s) of all fire hydrants proposed for the project. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access." (OCFA) --
47. _ Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
and combustible liquids, solids or gases to be stored, used or handled on
site. These materials shall be classified according to the Uniform Fire
Code and a document submitted to the Fire Chief with a summary sheet
listing the totals for storage and use for each hazard class. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Completing Chemical Classification Packets." (OCFA)
48. _ Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City adopted edition.
(B&S)
49. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and
floor plans to the Building and Safety Department for review and approval
by all applicable departments. Such plans shall be fully dimensioned and
in substantial conformance with those plans approved by the Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 13 of 17
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including but
not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design. All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
C. Elevations shall note that all gutters and downspouts shall be concealed
unless painted to match the surface to which it is attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
e. Exterior building finish and colors as approved by the Design Review
Committee.
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -distributing activity until the use has been
released for occupancy,
50. _ Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Water Quality Management Plan
C. Haul Route Plan
d. Traffic Control Plan
e. Construction Debris Recycling Plan
f. Temporary Use Permit for construction trailer and staging areas. (PLN)
51. , Preconstruction Meeting. Contractor shall attend a pre -construction
meeting with the Building and Safety Department prior to commencement
of any construction on the site. (B&S)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 14 of 17
52. _ Drainage Problems. During the entire grading a construction operation,
the applicant shall adhere to the following conditions to address
unforeseen drainage issues: (ENG)
a. If any drainage problem is identified or does occur during construction, the
applicant shall provide and implement a solution acceptable to the City
Engineer at no cost to the City, and submit a recorded instrument to insure
the future of the solution. (ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (ENG)
53. _ Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have bee approved by
the City. (ENG/B&S)
54. _ Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
55. _ Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30
p.m. on Saturday. Construction activity shall not be permitted on Sundays
or any Federal holiday. (PLN)
56. _ Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission to
use or occupy the project site, as specified below:
57. Complete all improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 15 of 17
58. _ Provide As -Built Molars/Digital Format. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer for review and obtain approval for the
reproducible "As Built" Duplicate Mylar Plans of all improvement works
completed and accepted. Said plan shall be prepared by a Registered
Civil Engineer. Additionally, the applicant shall submit digital copies of all
"As Built" plans, at no cost to the City, in accordance with the latest edition
of the City of San Juan Capistrano Digital Submission Standards. (ENG)
59. _ Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during
construction. Monumentation and corner records shall be submitted to the
City Engineer and filed with the County Surveyor in compliance with AB
1414 and Section 8771 of the Business and Professional Code. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
60. _ Financial Liability for Loss of Use of Water Well Facility. The applicant
shall be financially liable for loss of operation in the event the development
construction activities or operations of the developer of VTTM 16168
impair the use and/ or operation of the well site facility located in Lot B of
Tract 15998. (PW)
61. _ Record Drawings. Prior to the acceptance of water, sewer, storm drain,
and street improvements and release of performance securities, the
applicant shall submit to 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, non-
domestic (recycled) water system, and the landscape irrigation system,
sewer, These "Record Drawings" are also required in digital format, at no
cost to the City, in accordance with the latest edition of the "City of San
Juan Capistrano Digital Submission Standards." (PW)
62. _ Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer, for review and obtain approval for, a video
tape, filmed in the presence of a City Staff representative/inspector, of all
sewer and drainage improvements. The video shall become the property
of the City. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 16 of 17
63. _ Curb and Gutter Repair. Prior to acceptance of improvements and release
of performance securities, any existing sections of curb and gutter
damaged during construction may require to be repaired or replaced by
the applicant, depending on the condition of these improvements prior to
and after construction. (ENG)
64. _ Solid Waste Reduction/Recycling Management Program. Prior to approval
of final inspection of each phase, the project applicant shall coordinate
with City staff and develop and implement a Solid Waste
Reduction/Recycling Management Program for the project site. Features
of the program shall include, but not be limited to: 1) distribution of
separate receptacles for recyclables and trash throughout the project site;
2) separate dumpsters for recyclables and trash; 3) signs posted near all
receptacles conveying information regarding recyclable materials; 4)
sorting of trash collected throughout the project site by facilities staff prior
to dispensing in dumpsters; and, 5) restrictions on product type that will be
offered at concessions or vending throughout the project site. (PLN/ENG)
65. _ Installation of Landscaping. Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. The
developer shall provide a certification, from a licensed Landscape
Architect, stating that the landscape materials and irrigation system
(tested for full coverage) have been planted and installed in compliance
with the approved landscape plans. Final Landscape Plan shall be
installed to the satisfaction of the Planning Department. (PLN)
66. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
67. _ Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final —
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
Final Conditions of Approval
Date: November 1, 2005
Project # TTM 16168, Village Alipaz Page 17 of 17
The following ongoing conditions shall be complied with at all times after
completion of the project:
68. _ Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
69. _ Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code; specifically, Section 9-3.531. (PLN)
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority