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Resolution Number 92-8-18-2RESOLUTION NO. 92-8-18-2 VESTING TENTATIVE TRACT MAP 14343 (SAN JUAN MEADOWS SAN JUAN CREEK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14343 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) WHEREAS, the applicant, San Juan Creek Associates, has submitted Vesting Tentative Tract Map 14343, (proposing to subdivide approximately 148 acres into 275 single-family and attached residential units, create a site for 180 senior housing units, 33.5 Recreation Open Space Acres which would contain a golf course, 60.2 General Open Space Acres, the development of the Central Valley Road to connect Las Ramblas to La Novia, and allow certification of closure of the Forster Landfill, and reuse of its site as a golf course); together with General Plan Amendment 92-01 (a General Plan Amendment is proposed to substitute a senior housing use for the dedicated public institutional use); and Rezone 91-01, (an amendment to the Forster Canyon Planned community Comprehensive Development Plan) and Architectural Control 92-02 (a Site Development Review application for a townhouse development); and, WHEREAS, the Environmental Review Board determined that the project may have a significant effect on the environment, and has required the preparation of an Environmental Impact Report, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, public hearings have been duly advertised and held by the Planning Commission on May 4, 1992; and June 9, 1992 to review and receive public testimony on the application and Environmental Impact Report; and, WHEREAS, the Planning Commission of the City of San Juan Capistrano recommended approval of the General Plan Amendment pursuant to Planning Commission Resolution No. 92-6-9-4; and, WHEREAS, The City Council of the City of San Juan Capistrano conducted a duly noticed public hearing on July 21, 1992; and, WHEREAS, the City Council does hereby find and determine as follows: Environmental Impact Report 1. The Draft Environmental Impact Report, which incorporates responses to comments, adequately discloses the environmental impact of the project and identifies appropriate mitigation measures. 2. The Final Draft Environmental Impact Report has been prepared in conformance with the California Environmental Quality Act and has been forwarded to the City Council. -1- 3. All impacts will be mitigated to a level of insignificance in the form of plan changes or conditions of approval. 4. The Environmental Impact Report includes all correspondence, public testimony and staff reports. Tentative Tract Map 14343 1. The proposed project, as conditioned, and its design and improvements are consistent with the goals, policies, and objectives of the General Plan and with Comprehensive Development Plan 81-1 for the Forster Canyon Planned Community as amended which allows for 275 single-family detached and attached residential units. 2. The proposed project, as conditioned is consistent with Comprehensive Development Plan 81-1 as amended, zoning for Planned Community District and otherwise conforms to all applicable requirements of Title 9 (Land Use) of the City's Municipal Code. 3. The project site is physically suitable for the type and density of the proposed development. 4. The design and improvements of the proposed project will not cause substantial environmental damage; nor will said design or improvements cause avoidable injury to wildlife or their habitats due to mitigation measures being incorporated or conditioned to address project related impacts as identified in the Environmental Impact Report. 5. The design of the proposed project and the type of improvements as conditioned will not cause serious public health problems. 6. The design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of a historical site in that no such sites are on or in close proximity to the project. 8. The design and improvements as conditioned of the proposed project are consistent with the objectives of the Hillside Management District (Section 9.3505 of the Municipal Code). 9. The proposed project, as conditioned, is consistent with the criteria for tree preservation and removal pursuant to Section 9-2.309 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby certify the Environmental Impact Report based upon a -2- 109 finding that the document including responses to comments, adequately addresses the impacts of the project. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano approves Tentative Tract Map 14343 subject to the following conditions: 1. Expiration - In accordance with the California Government Code Section 66452.6, said tentative map shall expire concurrent with the Development Agreement approved by Ordinance No. 712 by the City Council. 2. CC&Rs - The developer shall submit a set of conditions, covenants, and restrictions for the project. Said CC&Rs shall be approved by the Director of Planning, the City Engineer, and the City Attorney prior to approval of a final map. The CC&Rs shall be recorded in conjunction with the final map and shall include at a minimum: a. Provision for maintenance of common open space, project entry, and slopes by the homeowners association. b. Maintenance of private drainage facilities and fuel modification zones within the project by the homeowners association or equivalent. C. The prohibition of building construction or ornamental landscaping within the drainage facility/fuel modification zone maintained by the homeowners association. d. A statement that advises private lot owners that this subdivision is surrounded by undeveloped natural open space owned by the City of San Juan Capistrano and that no maintenance, improvements or irrigation is currently planned for these lands. e. The prohibition of radio or television antennas projection above any roof eaves per Section 9-3.609 of the Municipal Code. f. A stipulation that all homes build within the project shall incorporate the use of low -flow plumbing fixtures. g. If there is a conflict between a parkway street tree within the public right-of-way and a proposed driveway access for a lot, then the lot owner must obtain permission from the City Engineering and Building Department to relocate the tree. h. CC&R provisions and restrictions shall not be altered without prior City approval by the Planning Director, who may refer such documents to the City Council. 3. Traffic Improvements - Prior to approval of the final map, the following conditions shall be satisfied, either by completion or by posting a surety bond or other suitable guarantee together with a subdivision -3- improvement agreement. In addition, the subdivision improvement agreement shall contain a specific time schedule for the completion of all required traffic improvements. Said agreement to be approved by the City Council prior to, or concurrent with the final map: a. The applicant shall dedicate all right-of-way and design and construct Street "A" (Forster Canyon Road) to the City Engineer's satisfaction as a commuter road with a 60 -foot right-of-way per the Comprehensive Development Plan standards. The length of street constructed south from La Novia Avenue shall be dependent upon the progress of TMC Development to the south. If, in conjunction with both projects, then in full length. If disjointed, then to just south of the driveway to the golf club and the remainder to be bonded. b. Prior to the issuance of building permits, the applicant shall complete the improvements on Valle Road from the I-5 ramps to La Novia Avenue. C. Prior to the issuance of the one-hundredth occupancy permit for the most easterly portion of units 2 and 3, the applicant shall construct "C" Street (to allow for dual access to the project) and the improvements on Valle Road from "C" Street to the 1-5 ramps. d. The applicant shall design and construct, and to the satisfaction of the City Engineer, all other streets with pavement being a minimum of 36 feet (curb to curb) and having a 10 -foot parkway and 5 -foot sidewalk located 5 feet from the curb on each side of the street; have a 25 -mph minimum design speed with sight distance for 35 -mph at all intersections. (Parkways, which shall be a minimum of 10 feet in width, shall include all public or private landscaped areas and walkways adjacent to the roadway which serve as an adjunct to the street right-of-way for utilities, street landscaping and pedestrian circulation.) Roadways within the townhouse development (units 5 and 6) which connect the local streets with the dwelling units may be designed as 26 -foot wide access drives provided that (1) the units are clustered into access courts, (2) visitor parking is provided as required by code at a ratio of .5 spaces per unit and evenly distributed throughout the development, and (3) the principal access to the units is oriented to a greenbelt rather than to the access drives. e. The applicant shall dedicate 84 feet of right-of-way within the tract and design and construct to full width, and to the City Engineer's satisfaction, La Novia Avenue from Valle Road to its easterly/northerly property line. This shall include the necessary taper east of the property to match the existing road. This shall include right -turn lane improvements for accessing the existing Recreational Vehicle driveway just to the east of the tract. -4- 111 f. The applicant shall design and construct, to the satisfaction of the City Engineer, "M" Street in Unit 5 with a cul-de-sac for turnarounds and emergency vehicles. g. The applicant shall design, to the satisfaction of the City Engineer, corner lots such that driveways shall not have less than 10 feet of full curb height between the edge of a catch basin and a driveway. h. The applicant shall design and construct, and to the satisfaction of the City Engineer, a traffic signal at Valle Road/San Juan Creek Road. Construction costs to the applicant will be determined by the City's Fair Share Policy. i. The applicant shall provide funds, per the City's Fair Share Policy, for the improvements to the La Novia Avenue bridge over San Juan Creek. The applicant shall provide funds, per the City's Fair Share Policy, for the signalization of La Novia Avenue/Calle Arroyo. k. The applicant shall provide funds, per the City's Fair Share Policy, for the signalization of Camino Las Ramblas/Via California. ,-- 1. The applicant shall design all curb and sidewalks to meet the design of the City Municipal Code. M. The applicant shall provide adequate sight distance at all construction access points as based upon the requirements of construction vehicles. Grading permits will only be issued for the construction of these access points upon satisfactory compliance with the sight distance standards. n. The applicant shall design and construct, to the satisfaction of the City Engineer, any potential gated entry streets to conform to gated entry design per Municipal Code, Section 8-13.102 and Orange County Environmental Management Agency Standard 1107. Stacking for entry will not be permitted on Forster Canyon Road. o. The applicant shall design and construct, and to the satisfaction of the City Engineer, the modification of the I-5 ramps at Valle Road/La Novia Avenue. Construction costs to the applicant will be determined by the City's Fair Share Policy. p. The applicant shall design and construct to City Standards, and to the satisfaction of the City Engineer, Valle Road from the I-5 ramps/La Novia Avenue to San Juan Creek Road. Construction costs to the applicant will be determined by the City's Fair Share Policy. r. The applicant shall design and construct, and to the satisfaction of the City Engineer, a traffic signal at La Novia Avenue/Street A (Forster Canyon Road). -5- 112 S. The applicant shall design and construct, and to the satisfaction of the City Engineer, a traffic signal at I-5 ramps/La Novia Avenue/Valle Road. Construction costs to the applicant will be determined by the City's Fair Share Policy. t. All construction vehicles will use the Valle Road/La Novia Road/I-5 ramp intersection . The applicant shall submit (for approval by the Director of Planning and Director of Engineering and Building) a signing package for directing construction traffic. U. The applicant shall design and construct Street "A" to transition from 74 feet (including a 9 -foot wide bike trail) to a reduced right- of-way due to a separation of the equestrian trail through Lot G in order to reduce grading impacts as Street "A" passes through the knoll separating this project from Pacific Point. Equestrian Improvements - Prior to approval of the final map, the following conditions shall be satisfied, either by completion by posting a surety bond or other suitable guarantee together with a subdivision improvement agreement. a. The precise alignment of the proposed equestrian trail in the vicinity of Lot "D" shall be situated so as to minimize grading impacts to the adjoining drainage swale. b. The existing access road through the City's open space area be integrated with the proposed equestrian trails for this project so as to minimize hillside grading impacts. C. The applicant shall secure an easement from the owners of off-site properties through which trails are proposed. All costs associated with easement acquisition shall be the applicant's sole responsibility. d. The applicant shall provide an interim trail connection from the southerly terminus of Lot "G" into the valley area south of the project and east of McCracken Hill which would provide a trail access point. The applicant shall obtain approval from the Pacific Point/TMC Development property owner to establish such an interim connection and the trail connection shall be improved with a maximum grade of ten percent (10%). The applicant shall also establish, in conjunction with the Pacific Point/TMC Development property owner, a precise alignment for the Forster Canyon trail connection between the two projects. e. The applicant's improvement plans shall incorporate the westerly alignment of the trail segment adjoining Lot "D" and the southerly alignment of the trail segment through the City's open space area. f. Certain segments of the proposed trails situated on relatively steep terrain shall be permitted with a width of ten (10) feet. However, 10 should alignments be adjusted during the improvement plan design which would allow a twenty (20) foot width, trails shall be designed to such a width. g. The applicant shall provide a trails signing and striping plan in conjunction with the submission of final tract map improvement plans consistent with the provisions of the City's "Design Manual for Equestrian and Hiking Trails" and more specifically Exhibits "7111 "K", "L", and "M" of said document. Said plan is to be approved by the City Engineer prior to the final map. h. The applicant's final tract map improvement plans shall provide fencing along the street side of the proposed trail where is adjoins La Novia Avenue and Forster Canyon Drive and along the downslope side of trail segments consistent with the City's "Design Manual for Equestrian and Hiking Trails" and more specifically Exhibit "H" of said document. Where the proposed trail crosses La Novia Avenue, motorcycle barriers shall be provided to preclude motor vehicle access at these crossing points. i. The applicant's final tract map improvement plans shall provide for storm water management consistent with the City's "Design Manual for Equestrian and Hiking Trails" which minimize trail maintenance costs. The applicant shall be required to reconstruct the existing segment of the Forster Canyon trail which traverses the old Forster Canyon Road across Lot "K". Construction Mitigation Program - The applicant shall be required to prepare and adhere to a strict construction mitigation program for all areas. The construction mitigation plan shall address the impacts of production home development. The plan shall be reviewed by the Director of Planning and the Director of Engineering and Building Safety and approved by the City Council prior to issuance of any grading permits and shall contain the following controls: a. Gradin (1) Movement on and off the site of heavy earth moving equipment. (2) Location of equipment storage and service areas together with limits on hours of operation. (3) Daily access to the site by workers including hours of work, travel routes, limits on noise and dust etc. (4) Supervision of all earthwork and grading by a geotechnical consultant. -7- b. Construction of Production Homes (1) Required access to the project site. (2) Hours of operation, including maintenance activities. _. (3) Method for dust and noise control. (4) Security of construction site. (5) Method and timing of street and site cleaning. (6) Plan for separation of construction traffic and related activities from completed and occupied residential units. (7) Designation of area for equipment maintenance. (8) Lighting and noise standards for use of the equipment maintenance area after normal construction hours. (9) A construction phasing program which states the timing of construction for portions of the project as well as other improvements such as streets, landscaping, and recreational facilities. C. Enforcement (1) The Director of Engineering and Building may modify the construction mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent residential property. (2) The applicant shall pay for the cost of acquiring a project enforcement officer to work under the direction of the City to ensure compliance with the construction mitigation program. (3) If it is determined that the developer is in violation of the approved construction mitigation program, then the Director of Engineering and Building is authorized to shutdown the project by reason of said violation. 6. Final Landscape Plans - Prior to issuance of a grading permit, final landscape plans, including slope landscaping and erosion control, irrigation, street trees, equestrian and hiking trails, and fuel modification shall be approved by the Director of Engineering and Building. Street trees shall also be approved as part of the Street Improvement Plans by the Director of Engineering and Building. 7. Fuel Modification Plan - A fuel modification plan shall be submitted in conjunction with the final project landscape plans prior to approval of the final map, and shall be designed and Installed by the developer In 115 accordance with Ordinance No. 682, Section 9-3.628 of the Municipal Code. 8. Landscaping Installation - Landscaping shall be installed by the developer as follows: a. Installation of erosion -control landscaping and irrigation and landscaping including trees for all manufactured slopes shall be approved by the Director of Engineering and Building and installed immediately after City certification of rough grading. b. Installation of street trees and all non -erosion -control landscaping and irrigation shall be approved by the Director of Engineering and Building prior to the first occupancy. At the same time fuel modification zones shall be established and approved by the Director of Engineering and Building and the Fire Marshal. C. A landscaping easement shall be established along the upper edge of the slope along Lots 17 through 35 of Unit 3. Landscaping, including trees of moderate height, shall be placed toward the top of the slope in a clustered and informal manner in front of lot line intersection at irregular intervals along this easement. d. Low landscaped berms (approximately three feet in height above pad elevation) shall be employed to conceal parking areas for the senior housing along its west and northwest boundaries. 9. Landscape Maintenance - The developer shall be responsible for adequately installing and maintaining all landscaping and fuel modification zones until such maintenance is assumed by the individual lot owners and/or the homeowners association. The developer shall prepared, for approval by the Director of Engineering and Building prior to final map approval, criteria for the maintenance of manufactured slopes, natural slopes, and fuel modification zones by the homeowners association. 10. Project and Street Names - The name of the project and all street names shall be proposed by the developer and shall be approved by the Director of Planning prior to approval of a final map. 11. Final Grading Plans - The developer shall submit a final grading plan to the Director of Engineering and Building, including hydrology calculations prepared by a civil engineer, at the time of submittal of street improvement plans and/or a final tract map. All manufactured slopes shall by designed and constructed per Municipal Code Sections 9- 3.505 and 9-4.112. The final grading plan shall be approved by the Director of Engineering and Building and the Director of Planning prior to the final map. Grading activities shall preserve the natural landform through the implementation of sensitive site planning and grading techniques, circulation and architectural design techniques, as well as innovative landscape treatments of the ridgeline and slope. SZ 116 The grading plan shall be based upon stabilization techniques, consistent with the General Plan, and associated cut and fill necessary to create a natural appearance. In addition, the substantial manufactured slopes proposed adjacent to La Novia Avenue, in the northwest corner, and along the eastern edge of the site shall employ contour grading, particularly emphasizing variable slopes. The aim shall be to create a slope which appears to be natural in appearance. 12. Knoll Treatment - The applicant has proposed a design change for the knoll. The knoll area is to be preserved and improved with a recreation facility for the single-family neighborhood. The recreation area is to be developed on gently sloping topography in order to soften the grade change from the single-family area. Development plans for the recreation area shall be submitted as part of the Area Plans to be reviewed and approved by the Planning Commission. Said plan review shall include a photo digitized view of the proposed development concept. 13. Other Dedications - The following dedications shall be made to the City of San Juan Capistrano on the final map: a. Public utility easements throughout the project as necessary. b. All equestrian/hiking trails. C. Necessary easements for the emergency access road and public security ingress and egress. d. Easements to allow City access for maintenance of drainage facilities and access to fuel modification zones within the homeowners association jurisdiction. e. Access rights except at approved driveways and street intersections. 14. Affordable Housing - Prior to approval of any Final Map, the developer shall comply with the housing opportunities program requirements for the Forster Canyon Planned Community as outlined in Chapter VII Section B of Comprehensive Development Plan 81-1, and in accordance with the Housing Element of the General Plan. As an alternative to the provisions provided above, the developer may contribute an in -lieu fee to a housing trust fund created by the City's nonprofit housing corporation for assisting the creation of very low, low and moderate income housing opportunities within the City. If the developer selects the in -lieu fee option, the required fees shall be paid at the time of building permit issuance. 15. Parks - Prior to approval of the final map, the following conditions as recommended by the Parks and Recreation Commission shall be satisfied, either by completion or by posting a surety bond or other suitable guarantee together with a subdivision improvement agreement: -10- 7. TL a. The City shall not grant parkland dedication credit for the proposed golf course based on findings that the golf course use does not address current nor future recreation needs in the City as identified by the General Plan and would eliminate the opportunity for critically needed funding for the City's primary community park sites which will serve the future residents of the San Juan Meadows project. b. The City shall require that the project be responsible for payment of fees in -lieu of dedication to meet the requirements of Article 9- 4.300 of the Land Use Code based on the level of approved development and the fees in effect at the time that payment would occur. 16. Environmental Review Fees - In accordance with Assembly Bill 3158, Chapter 1706 of the State Statutes of 1990, the developer is required to pay $875.00 to the County Clerk (plus a $25.00 processing fee) or to the State Office of Planning and Research, for review of the Environmental Impact Report by the State Department of Fish and Game. The fee must be paid at the time of filing of a Notice of Determination. 17. Tree Removal - Significant trees have not been identified for review and trees to be removed shall be subject to separate City reviews and authorization. 18. Erosion Control - The applicant and contractor shall minimize project erosion during the construction phase by such measures as minimizing soil exposure time, watering exposed soils, and re -vegetating graded slopes. 19. New Buildings - All new buildings shall be constructed in conformance with the Uniform Building Code and City Code (specifically those standards relating to earthquake damage reduction). 20. Landfill Closure - Prior to issuance of any grading permits, other than required for closure, the applicant shall implement the following provisions contained in the Final Closure Plan for the Forster Canyon Landfill: a. Provide final cover in accordance with appropriate design standards, materials, and procedures. b. Conduct final grading in accordance with the excavation plan, grading design, and settlement analysis. All excavation will be performed in accordance with Southern California Air Quality Management District Rule 1150 "Excavation of Landfill Sites" and the County of Orange Environmental Health Department requirements. C. Construct final drainage in accordance with the proposed drainage control system plan. -11- 115 d. Install the landfill gas control and migration system. e. Implement the liquid management plan. f. Provide landscaping and irrigation in accordance with the proposed landscape materials, installation procedures, and irrigation system. 21. Landfill Closure Conformance - Prior to issuance of grading permit, the applicant shall ensure that the Final Closure Plan is in conformance with California Code of Regulations (CCR), Title 23, Chapter 15; CCR Title 14, Chapter 3; and is approved by the County of Orange Environmental Health Department and Regional Water Quality Control Board. No final map shall be issued until landfill closure improvements have been inspected and accepted by the applicable State and County agencies. 22. Landfill Drainage - Prior to the issuance of grading permits, the applicant shall provide drainage improvements as shown in the Final Closure Plan for the Forster Canyon Landfill and the Forster Canyon Comprehensive Development Plan Amendment. All necessary drainage facilities shall be constructed to intercept, remove, convey and discharge all surface water, from the land to be developed. The design of all drainage facilities shall be reviewed and approved by the City of San Juan Capistrano to ensure that storm water runoff created by the proposed development is adequately controlled. An erosion control plan shall be prepared and erosion control procedures followed to mitigate the effect of storm flows during the construction stage. 23. Financing - Any and all improvement district indebtedness incurred to construct infrastructure shall be fully retired at the close of escrow for each individual unit. Improvement district bonded indebtedness shall not be passed on to individual lot owners. This will insure that individual property owners will not have long term property tax assessments above that for other residents of the City. 24. Major Manufactured Slopes a. Major manufactured slopes are not to be included in any homeowner's lot, but must be a separate lettered lot to be owned _ and maintained by the homeowner's association, including all drainage structures and facilities. b. Major manufactured sloped must be covered by a slope warranty program in accordance with the provisions of the Municipal Code. 25. Soils Subsidence Program - Prior to approval of Final Map the applicant shall establish a soil subsidence program in the form of a written -12- 119 agreement between the developer and the City. Said agreement shall implement the warranty provisions of Title 8, Chapter 11 of the Municipal Code. 26. Geological Hazard Abatement District - In addition to a Soils Subsidence Program, a Geological Hazard Abatement District shall be formed. 27. Visual Impact - In conjunction with Planning Commission review and approval of the grading plan (mass grading) and grading permit, the proposed grading and development of the Senior Housing site, lots 23 through 37 of Unit 2, and the knoll area (Lot "E") shall be subject to a photo -digitized View Analysis as required by the Comprehensive Development Plan. 28. Gradin - Notes on the map shall be modified to require compliance with grading standards for 2:1 slopes and contour grading and eliminate references such as "where possible" or "where applicable". 29. Mesa Residential (MR) District Compliance - Prior to approval of final map, Unit 4 shall be redesigned to comply with MR District regulations requiring that 15% of the lots shall have a minimum of 5,000 square feet; 60% of the lots shall have a minimum of 6,000 square feet and 25% of the lots shall have a minimum of 7,000 square feet. Because Unit 4 is not in substantial compliance with the MR District Regulation of minimum lot area, it shall be redesigned either by a reduction in the number of total lots, grading modification and/or by a modification of the edge of the landfill. Those lots which have a lot size of between 5,000 and 6,000 square feet shall only be located adjacent to the golf course and Lot E only. PASSED, APPROVED, AND ADOPTED this 18th day of August ,1992. ATTEST: CITY CLERKO -13- 120 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.g2-R-itt_2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of August , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris, and Vasquez ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHt ON, PTY CLERK -14-