Resolution Number 95-2-21-2121
RESOLUTION NO. 95-2-21-2
APPROVING MODIFICATIONS TO RESOLUTION NO, 93-4-6-5.
VESTING TENTATIVE TRACT MAP 14398 (CONCORDE DEVELOPMENT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING CONDITIONS H-1 AND H-3
AND MODIFYING CONDITIONS A-6, A-14, C-19 AND H-2 OF RESOLUTION
NO. 93-4-6-5, APPROVING VESTING TENTATIVE TRACT MAP 14398
(CONCORDE DEVELOPMENT)
WHEREAS, the City Council of the City of San Juan Capistrano conditionally
approved Vesting Tentative Tract Map 14398 to subdivide approximately 99 acres into 79 residential
lots and three open space lots on April 6, 1993; and,
WHEREAS, conditions of approval H-1 and H-3 established standards for Slope
Failure Insurance; and,
WHEREAS, the applicant, Concorde Development, has requested modification of
those conditions; and,
WHEREAS conditions of approval H -I and H-3 were not required to accomplish
environmental mitigation; and,
WHEREAS, conditions of approval H-1 and H-3 were applied to the subject tract
map based upon information available at the time of original consideration by the City Council and
a subsequent construction -level geotechnical study has provided more detailed information allowing
a more focused consideration of geotechnical issues.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that conditions H-1 and H-3 of Resolution No. 93-4-6-5 are hereby rescinded and
conditions A-6, A-15, C-19 and H-2 are revised as follows:
A-6. Construction Mitigation Program - The applicant shall prepare and adhere to
a construction mitigation program. The Construction Mitigation Program
shall be approved by the Planning Director and Director of Engineering and
Building prior to issuance of grading permits and contain the following
controls:
a. Gradin - Continuous monitoring with slope inclinometer or tilt
meters for slope slippage on the north slope of Deep Canyon.
b. Surety for Damage to Existing Homes - A minimum of $5,000,000
surety instrument approved by the City Attorney and Building Official
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shall be in place during grading operations and shall remain in effect
until the release of all grading bonds for the subdivision. However, in
no instance shall this be less than six (6) months after completion of
all grading work.
C. Pre -construction Sun&y - Permission from homeowners on Dungarvin
Lane and the east side of Kinkerry Lane shall be solicited to conduct
a pre -construction survey. If permission is obtained, floor level
surveys and crack mapping shall be documented for comparison to
conditions after completion of grading.
d. Prior to consideration of the final grading plan (prior to final map),
prepared in accordance with Condition No. A-2 of City Council
Resolution No. 93-4-6-5, a Geotechnical Analysis shall be submitted
by the developer, to include a further test boring between LB -8 and
LB -9 to verify the temporary slope stability conclusions submitted to
the City in the Leighton and Associates Supplemental Geotechnical
Investigation, dated December 19, 1994. Said report shall be
reviewed by the City's Geotechnical Consultant, who shall prepare and
submit a report on their findings and recommendations concurrent
with the grading plan. If the conclusions of the Geotechnical
Investigation are not conclusively supported by the results of the test
boring, the project and study shall be returned to the City Council for
further consideration.
A-14. Soils Warranty Program - The applicant shall implement a Soils Warranty
Program (Slope Displacement Warranty Program) for all lots prior to
approval of the final map in accordance with Municipal Code Section 8-10.
The program shall include minimum financial security for the warranties in the
amount of twenty cents (20¢) per square foot of manufactured slopes greater
than 3:1 and four feet in height and a minimum 200 feet of natural areas
adjacent to all manufactured slopes (9.5 acres) in the form of insurance,
bonds, or cash deposit approved by the City Attorney.
The full amount shall be assigned to the project Homeowner Association until
such time as Association fees accumulate to an equal amount, at which time
the financial security instrument shall be released to the applicant.
C-19. Submit required securities or bonds to guarantee project completion including
construction of all improvements approved and required to complete the
subdivision per City of San Juan Capistrano standards and developer
agreements per the Engineer's estimate. Securities or bonds shall specifically
require grading at the base of the northern slope of Deep Canyon which affect
slope stability to be completed in a continuous operation. _
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H. City Indemnity - Developer shall defend, indemnify, and hold harmless the
City and its employees, elected and appointed officials, and subordinate
agencies, from any and all claims and liabilities arising out of City's approval
of any entitlement granted for this project. Developer shall execute an
indemnity agreement implementing this condition of approval prior to issuance
of a grading permit. Failure to do so shall, at the City's option, render null and
void the entitlement authorizing the developer to construct the project.
PASSED, APPROVED, AND ADOPTED this 21st day of
February 11995.
CAROL ASH, MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-2-21-2 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of February 1995, by the
following vote:
AYES: Council Members Jones, Hart, Cambpell, Swerdlin
and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) V p,
CHERYL JO SC , CITY CLERK
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