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Resolution Number 92-6-2-42oR�q RESOLUTION NO. 92-6-2-4 APPROVAL OF TENTATIVE TRACT MAP 14379 (WITTENBERG-LIVINGSTON, INC.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 14379, A 24 -LOT SUBDIVISION OF A 35.5 -ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET (WITTENBERG-LIVINGSTON, INC.) WHEREAS, the applicant, Wittenberg -Livingston, Inc., 120 Newport Center Drive, Suite 220, Newport Beach, CA 92660, has submitted an application for a zone change from the GM (Growth Management) District to the ES (Small Estate) District, and a 24 -lot, custom home -site subdivision of a 35.5 -acre parcel located at the northern terminus of Alipaz Street; and, WHEREAS, the City's Environmental Review Board has reviewed this proposal in accordance with the California Environmental Quality Act and determined that an Environmental Impact Report be prepared and forwarded to the City Council for certification. The Draft Environmental Impact Report determined that all impacts of the proposed project can be mitigated to a level of insignificance; and, WHEREAS, the City's Traffic and Transportation Commission reviewed this project on January 8, 1992, and recommended approval, subject to conditions; and, WHEREAS, the City's Equestrian and Recreational Trails Commission reviewed this project on February 24, 1992, and recommended approval, subject to conditions; and, WHEREAS, the Planning Commission of the City of San Juan Capistrano reviewed this project on May 4, 1992, and recommended approval, subject to conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby find and determine as follows: a. The proposed map, as conditioned, is consistent with the development standards for the ES (Small Estate) District as contained in Section 9.3-424 (Development Standards) of the Municipal Code. Access will be provided to the abutting property, and a fuel modification program and tree replacement are required. The proposed reduction in roadway widths is necessary to reduce grading and is consistent with the Municipal Code, which permits a reduction in roadway width during the Development Review Process. b. The design and improvements of the proposed map, as conditioned, are consistent with the General Plan in that the proposed equestrian trails will provide vital links to other General Plan equestrian trails, will provide necessary dedications for the future extension of Alipaz Street, will provide for buffering and appropriate open space between the extension of Alipaz and the houses on Via Belardes north of Calle Rio Vista, and will utilize materials compatible with the natural surroundings in the construction of the retaining walls. -1- C. The proposed site is physically suited for the type of proposed development in that the portion of the site proposed for development is gently sloping and located outside the limits of the 100 -year floodplain. Additionally, the preliminary soils report establishes that this property is suitable for development. d. The project site is physically suited for the proposed density of development in that the project site is located in an area adjacent to medium- to low-density residential uses and equestrian uses and the development is consistent with the General Plan Designation of 1.4 (Medium Density Residential). e. An environmental impact report for the proposed project has been prepared. The EIR indicates that all adverse impacts associated with this project can be mitigated to a level of insignificance. f. The design of the subdivision is not likely to cause any serious public health problems in that the project has been designated outside the limits of the 100 -year floodplain. Additionally, the environmental impact report for this proposed project has not identified any adverse health impacts associated with this project. g. The proposed project, as conditioned, will not interfere with any existing or proposed public right-of-way in that necessary dedications for the Alipaz Street right- of-way will permit the future extension of that street, and reciprocal agreements will increase future emergency access when the property to the north is developed. h. The proposed project will not interfere with the maintenance or preservation of any historical site, in that according to the EIR prepared for this proposal, the project site offers limited potential for significant archaeological/ paleontological resources, and as conditioned, any phase of development of the site which may disturb such resources will require monitoring. BE IT FURTHER RESOLVED, that the City Council does hereby approve Tentative Tract 14379, subject to the following conditions: 1. Alipaz Extension - The applicant shall make dedications for the right-of- way of Alipaz Street on the Final Map. Said dedications shall be subject to the approval of the City Engineer and the recommendation of the Director of Planning Services. 2. Alternate Entry Design - Prior to approval of the Final Map, the applicant shall submit an alternate entry design for the proposed project that would be compatible with the future extension of Alipaz Street. The applicant shall also post a bond for the removal of the original entrance to the project and the construction of the new entrance. The design of the improvements and the adequacy of the bond shall be subject to approval by the Director of Planning Services and the City Engineer. 3. Access to Finney Property - An irrevocable offer of easement dedication along the private street and between Lots 11 and 12 would serve as access to the Finney property west of Trabuco Creek and shall be included on the Final Map. Said easement shall be subject to approval by the Director of Planning and the City Engineer. This easement shall be subject to the following restrictions: a. The easement shall not be effective until a Certificate of Occupancy is granted for a single-family residence on the Finney property, and -2- 235 said easement shall be limited to serving single-family residential and accessory uses. b. The Finney property shall be annexed into the Homeowners Association, and shall be subject to the CC&R's of Pepperwood Estates and subject to all Homeowners Association fees of Pepperwood Estates, prior to approval of a residential building permit. C. The developer of the Finney property shall be responsible for the construction of improvements necessary to access said property. d. No commercial traffic shall be permitted on said access. 4. Entry Gate Design - The entry gate shall be redesigned in order to meet the design criteria of the Municipal Code Section 8.13-101. Said redesign shall be subject to the approval of the Director of Planning and the City Engineer. 5. Entry Buffer - Prior to Final Map approval the applicant shall submit a revised cross-section for the extension of Alipaz Street for the intersection of Calle Rio Vista which provides for a landscape buffer, including a 5 -foot sidewalk behind the homes on Via Belardes. 6. Retaining Wall Surface Treatment - Prior to approval of the Final Map, the applicant shall submit working drawings for the retaining walls at the entry to the site. Said plans shall be approved by the Director of Planning and the City Engineer. 7. Fuel Modification Plan - Additional information for the fuel modification plan, including the methods of thinning, location of trees and a breakdown of which plants are to be used in each zone, shall be submitted and approved by the Director of Planning and the City Engineer prior to the approval of the Final Map. 8. 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 Homeowners Association. The developer shall prepare a landscape establishment and maintenance plan, subject to the approval of the Director of Planning and the City Engineer, prior to Final Map approval. 9. Gradin - If deemed necessary by the City Engineer, the City may require the applicant to mass grade all lots. Such grading shall provide for building pads on each lot and minimize the removal of existing significant trees and vegetation. The grading plan shall be subject to review and approval by the Director of Planning and the City Engineer prior to Final Map approval. 10. Orange County Flood Control Pro ert - The applicant shall obtain a legal right to access across the Orange County AWControl property to the project site prior to Final Map approval. Proof of said legal right shall be reviewed and approved by the City Engineer. 11. Emergency Access - An emergency ingress/egress easement shall be dedicated over the 20 -foot storm drain easement along the northern portion of Lot 15 prior to Final Map approval. Said easement shall be subject to the approval of the Director of Planning and the City Engineer. The surface material of this easement shall be approved by a representative of the Orange County Fire Department. -3- �� 12. Archaeological Monitoring - The applicant shall provide City -approved on-site monitoring of all grading activities by a qualified paleontological field inspector and archaeologist. 13. CC&R's - The applicant shall submit a draft of the Covenants, Conditions and Restrictions CC&R's), homeowner's agreement or equivalent to the City of San Juan Capistrano Engineering Division at the time of Final Map/plan submittal for checking and shall contain provisions for the following: a. Private on-site drainage facilities shall be maintained by the Homeowners Association or equivalent. b. Maintenance of the fuel modification zones and landscaped areas, including the buffer zone behind the Via Belardes residences, shall be maintained by the Homeowners Association. C. The Homeowners Association shall provide for the maintenance for the equestrian feeder trails. 14. Equestrian Linkage, Lots 7-15 - Prior to Final Map approval an equestrian feeder trail easement connecting the rear yards of Lots 7-15 shall be dedicated to the City. Said easement shall be subject to approval by the Director of Planning and the City Engineer. 15. Equestrian Trail Design - The trail drainage lines shall be designed so that no manhole covers encroach within the trail alignment. 16. Equestrian Trail Barriers - The equestrian trail and motorcycle barriers shall provide gates and access to maintenance and emergency vehicles consistent with the Equestrian Trails Design Manual. 17. Equestrian Crosswalk - The equestrian trail crosswalk shall have only vertical stripes and be consistent with the Municipal Code. 18. Lot "B" Equestrian Easement - An easement for equestrian feeder trail purposes shall be dedicated to the City, on the final map, over open space Lot "B". Said easement is to provide access to the Trabuco Creek General Plan Trail for the possible realignment of the Recreational Feeder Trail, if the extension of Alipaz Street is constructed. 19. Storm Drain Outlet - The storm drain outlet into the creek shall be designed to protect the trail from flooding. 20. Dedication - The following dedications shall be made on the Final Map approval subject to the approval of the City Engineer. a. Dedicate a 15 -foot diagonal corner cut-off at the corner of private street intersections. b. Dedicate appropriate easements to City for emergency and public security ingress and egress purposes. -4- 2tR,7 C. Drainage facilities shall be provided with necessary easements for main line facilities not within public right-of-way where required by the City Engineer and in accordance with the Master Plan of Drainage. d. Dedicate equestrian easements for equestrian feeder trails 20 feet wide. e. Sewer facilities shall be provided with necessary easements for main line facilities. 21. The applicant shall submit a concept plan showing the location of the proposed building pads, the size of the pads, the setbacks for garages and homes, etc., for Planning Commission approval, prior to Final Tract Map approval. 22. The map shall be revised to clearly indicate the designated use for each lettered (common) lot, other than the private street, as " open space." 23. Prior to the issuance of grading permits, the applicant shall provide confirmation that the Capistrano Valley Water District has adequate capacity to serve the project's needs. PASSED, APPROVED, AND ADOPTED this 2nd Of June , 1992. ATTEST: /�. �a i�..� • a / -5- day 2 0,18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 1, 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. 92-6-2-4 adopted by the City Council of theCity of San Juan Capistrano, California, at a regular meeting thereof held on the 2na day of June , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: Councilman Harris (SEAL) CHERYL JOHNSOX, CITY CLERK IM.