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Resolution Number 91-5-7-1RESOLUTION NO. 91-5-7-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TRACT 12954 WITH REVISED CONDITIONS OF APPROVAL AND RESCINDING CITY COUNCIL RESOLUTION NO. 87-6-2-8 (MARBELLA DEVELOPMENT COMPANY) WHEREAS, the applicant, The Marbella Development Company, 27462 Calle Arroyo, Suite A, San Juan Capistrano, California, has submitted a request to modify Conditions of Approval Numbers 6(b) and 14 for Tract 12954, as contained in City Council Resolution No. 87-6-8-2, to add street trees as an exception to surety bond requirements and allow street trees to be planted on a lot -by -lot basis; and, WHEREAS, the Department of Community Planning and Development has determined that this project is Categorically Exempt (Class 5) from the California Environmental Quality Act; and WHEREAS, The City Council, at its regularly scheduled meeting of June 2, 1987, approved Resolution No. 87-6-2-8 conditionally approving Tract 12954; and WHEREAS, the Planning Commission, at its regularly scheduled meeting of March 26, 1991, recommended that the City Council approve revisions of Conditions of Approval Nos. 6b and 14 for Tract 12954. WHEREAS, City Council of the City of San Juan Capistrano hereby finds and determines as follows: a. The developer, Marbella Development Company, no longer has the authority to enter residential properties within Tract 12954 for the purposes of planting street trees and, therefore, that portion of the surety bond intended to ensure planting of street trees by the developer can no longer serve its intended purpose; and, b. The responsibility for planting street trees now lies with the individual lot owner/developer; and, C. The control of Certificates of Occupancy by the City and the deposits held by the Marbella Property Owners Association provide adequate assurance that the individual lot owner/ developer will plant required street trees; and, d. The change from a production housing project to an individual lot owner/developer project now makes it more practical to plant street trees on a lot -by -lot basis and, therefore, more practical to issue Certificates of Occupancy on a lot -by -lot basis. NOW, THEREFORE, BE IT RESOLVED, that, based upon the preceding findings, the City Council does hereby rescind Resolution 87-6-2-8 and approve Tract Map 12954, subject to the following conditions- -I- 1. Home Warrant - The provisions of Chapter 8-6 of the Municipal Code Home Warranty Ordinance) shall apply to any person, firm or corporation selling or offering for sale within the project three or more dwelling units -- not previously occupied for residential purposes -- _ during any twelve-month period. 2. CC&Rs - A set of conditions, covenants and restrictions (CC&Rs) shall be prepared and recorded for the project. The CC&Rs shall include at a minimum: a. Provisions on the use and maintenance, by the homeowners association, of recreation areas, other common areas, and slopes. b. The prohibition of radio or television antennas projecting above any roof eaves (pursuant to Section 9-3.609 of the Municipal Code). The CC&Rs shall be approved by the City Attorney prior to approval of a final map. 3. Grading Plan - The applicant shall submit a revised grading plan for the entire tentative tract map. Said plan shall be reviewed by the Design Review Commission for report and recommendation to the Planning Commission. The Planning Commission, upon receipt of said report from the Design Review Commission, shall consider and approve the revised grading plan prior to approval of a final map for recordation if found to be consistent with the following criteria: a. The area designated SPD (Specific Plan Development) District by CDP 86-4 shall only be graded for that area necessary to accommodate the third, seventh and eighth fairways and internal loop road providing access to the adjacent residential area. Grading for the remainder of the SPD District may be considered during grading plan review if an alternate design that would simulate the present topography is prepared. b. The grading plan shall incorporate variable slopes on all major manufactured slopes which simulate natural topography. C. Tops and toes of slopes shall be meandering such that straight edges are not created. d. Tops and toes of slopes shall be vertically rounded. The main landform features shall be reflected in the grading plan _ (maintenance of ridgeline and valley features). e. When blending manufactured slopes to natural topography, the grading plan shall emphasize the underlying natural area. For example, if a cut slope is across a knoll, the graded slope contours shall be bent to simulate the previous natural element (knoll). With ravines (generally a fill operation), the manufactured slope shall use conclave contouring that would visually simulate a ravine. -2- f. The grading plan shall be designated to ensure preservation of those trees shown on Exhibit 11 for preservation within the CDP. A report prepared by a City approved arborculturalist shall be submitted with the grading plan evaluating compliance with this condition. g. Particular attention to the grading concept shall be considered regarding the buffer and separation adjacent to the Malaspina neighborhood. h. The text of the above design criteria shall take precedence over the conceptual grading depicted on Tentative Tract Map 12954. 4. Architecture - Preliminary architectural elevations shall be approved by the Planning Commission prior to approval of a final map in accordance with Section 5.2.6 of the approved Comprehensive Development Plan 86- 4 (reference Condition No. 27). 5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans shall be prepared. Preliminary landscaping, street tree, and fence/wall plans shall be approved by the Planning Commission prior to approval of a final map. Following such plan approval, final working drawings shall be approved by the Director of the Department of Planning and implemented for the entire project. 6. Landscaping Installation - Landscaping shall be installed as follows: a. Erosion -control landscaping for all manufactured slopes shall be installed immediately after the certification of rough grading by the City. b. No final building inspection shall be conducted for any dwelling unit until street trees have been installed and approved by the Marbella Property Owners Association; and 7. Landscape Maintenance and Maintenance Easements - The developer shall be responsible for adequately installing and maintaining all landscaping until such maintenance may be assumed by the homeowners' or country club association. An open space maintenance easement shall be created over all major slopes that are within residential lots. Landscaping on said slopes shall be maintained by the homeowners'/country club association. 8. Street Names - Street names shall be approved by the Director of the Department of Planning prior to approval of a final map. 9. Vehicular Access Rights - Vehicular access rights to Rancho Viejo Road shall be released and relinquished to the City except at approved driveways and street intersections. -3- me 10. Dedication of Public Service Easement - A public service access easement shall be dedicated to the City of San Juan Capistrano between the north property line and Rancho Viejo Road. The alignment of the easement shall coincide with Street "A", Street "J", and the public service and utility easement to Stoneridge (north property line). Said easement between Street "J" and the north project boundary shall be for the exclusive purpose of utility and municipal public service access. Said easement shall be designed and improvement to the satisfaction of the City Engineer such that it will accommodate any public service vehicle (including, but not limited to fire trucks, maintenance trucks, etc.) and shall be accessible at all times to public agency personnel. 11. Geotechnical Study - A geotechnical feasibility study shall be completed to ne determithe seismic safety and soils stability of all proposed grading and development with the project. The report shall be reviewed and approved by the City Engineer and Building Official prior to approval of a final map. 12. Roadway Widths a. Street "A": (1) Street "A" from Rancho Viejo Road to Street "B" shall be 70 feet curb -to -curb with a bikeway/pedestrian trail (right-of- way 90 feet). (2) Street "A" from Street "B" to clubhouse entry shall be 50 feet curb -to -curb with bikeway/pedestrian trail (right-of-way of 70 feet). (3) Street "A" northerly of the club entry shall be 36 feet curb - to -curb with a bikeway/pedestrian trail (right-of-way 56 feet). b. Streets "B", "C", "D" and "E" shall be 36 feet curb -to -curb. With an additional five-foot easement on each side for utility and pedestrian purposes. C. Streets "F", "G", and "H" (single -loaded streets) shall be 28 feet curb -to -curb with an additional five-foot easement on each side for utility and pedestrian purposes. d. Street "I" from Street "A" to Lots 187 and 202 shall be 36 feet curb -to -curb and 30 feet curb -to -curb from Lots 187 and 202 to the _ cul-de-sac, with an additional five-foot easement on each side for utility and pedestrian purposes. e. All street improvements shall include standard curb, gutter and pedestrian areas clear of obstructions. The above right-of-way easement widths are the minimum necessary for either a private or public street. -4- 13. Soils Subsidence Program - A mutually agreed upon soils subsidence consultant shall evaluate the geotechnical and grading program to determine the necessity for implementation of a soils subsidence program. Said report shall be reviewed by the Director of the Department of Planning. A report shall be submitted with recommendation to the City Council on whether a soils subsidence program should be prepared and implemented for the project. If it is determined that said program is required, the developer shall implement a soils subsidence program for all residential lots. The soils subsidence program shall be submitted to and approved by the Director of the Department of Planning prior to issuance of residential building permits excepting model home complexes. However, in no instance shall final Certificates of Use and Occupancy be issued for the model homes until said program is executed. 14. Surety A reement - The applicant shall be required to execute an agreement and deposit a bond or other surety device guaranteeing the completion of the entire development (including, but not limited to completion of an 18 -hole championship golf course, rough grading for the entire project, landscaping, maintenance of the golf course etc. excepting housing units and street trees. this agreement shall also include a dust control program for the mass grading operation. Said agreement shall be executed prior to issuance any permits. The City Attorney and Director of Community Planning shall approve the form and surety amount prior to the execution of the agreement by the City. 15. Tree Preservation - Conceptual grading and site design shall be modified to ensure preservation of trees noted on the tree survey at locations (Exhibit 11 of CDP). 16. Access to the Specific Plan Development District - Access for the SPD District shall be from the northerly project boundary that will jointly serve adjacent properties. Said access to be signalized. 17. Horno Creek - Where Horno Creek is to be realigned, trees and shrub planting consistent with the existing vegetation shall be incorporated into the project design such that it increases and enhances the habitat area for Horno Creek. Said design to be incorporated into landscape plan (reference Condition No. 5). The applicant shall offer to dedicate and construct floodway improvements to Horno Creek. Said design and construction shall ensure that the development shall not adversely impact the upstream and downstream properties from flooding or contribute to increased flooding in such areas. Said floodway improvements shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. 18. Habitat Maintenance Program - The developer shall prepare and implement a habitat maintenance program for Horno Creek including both the area designated for preservation and realignment, said program to include a monitoring program to be implemented during realignment of the creek. This program shall be reviewed and approved by the Planning Commission prior to approval of a final map. -5- 19. Fire Station Relocation - The applicant shall offer to dedicate to the City a Public Institutional site of suitable size, not to exceed 4.6+ acres, for the fire station relocation purposes subject to the provisions of the CDP pertaining to the fire station site. If a smaller site is necessary for such purposes, the tentative and final maps shall be changed to enlarge the neighborhood commercial site of the project. 20. Signalization of Rancho Viejo Road at Street "A" - The applicant shall design and construct a four-way signalized intersection at Rancho Viejo Road and Street "A". 21. Signalization of Rancho Viejo Road at Junipero Serra - The applicant shall participate in the signalization of the intersection of Rancho Viejo Road at Junipero Serra. The applicant's participation shall be based upon pro -rata trip generation as determined by the City Engineer. 22. Bridge Widening of Rancho Viejo Road at Trabuco Creek - The applicant shall participate in the funding of the bridge widening of Rancho Viejo Road at Trabuco Creek. The applicant's participation shall be based upon pro -rata trip generation as determined by the City Engineer. 23. Improvements to Rancho Viejo Road - The applicant shall participate in the funding of roadway improvements for the widening of Rancho Viejo Road to secondary street standards, including a pedestrian/bikeway trail from northerly project boundary at Rancho Viejo Road to Junipero Serra. Participation shall be based upon a pro -rata trip generation as determined by the City Engineer. All improvements shall be constructed in accordance with a special design as approved by the City Engineer. 24. Street "A" Improvement - Street "A" from Rancho Viejo Road to the first side street shall include a median and two travel lanes, with necessary turning lanes per the City Engineer. 25. Bikeway and Equestrian/Hiking Trail Improvements - The applicant shall dedicate and improve the grade separated General Plan Bikeway per Section 9-4.106 of the Municipal Code adjacent to Street "A". Applicant shall also dedicate and improve the General Plan Equestrian/Hiking Trial per the alignment approved by the City. The developer shall execute an agreement with the City for maintenance provisions prior to approval of a final map. 26. Public Sewer Line - The applicant shall construct a public sewer line to connect with the existing line located in Horno Creek Road within Tract 6381 (Stoneridge) to the existing line in Rancho Viejo Road. 27. Equestrian Trail Alignment and Design - Specific design plans showing the proposed alignment and grade for the proposed General Plan trail to be dedicated to the City (reference Condition No. 24) shall be reviewed and approved by the Equestrian Commission prior to approval of a final map. I M. 28. Development Review of Future Plans - Subsequent site plans and other land use or zoning reviews will be required for the various components of this tentative tract pursuant to Municipal Code Section 9-2.305, Comprehensive Development Plan 86-4, and Council Policy No. 403. These reviews will include, but not be limited to, site plans for golf course, country club facilities, business park, and other non-residential uses, and all residential with a net density of eight units per acre or more; and shall be submitted to the Design Review Commission for recommendations to the Planning Commission (Section 5.2.5 of CDP 86- 4). Furthermore, all residential development with a net density less than eight units per acre is to be reviewed by the Planning Commission in accordance with Section 5.2.6 of CDP 86-4. Pursuant to applicable law and policy stated above, approval of this tentative subdivision map shall not be construed to limit plan modifications or requirements set as conditions on such subsequent review prior to recordation of the final map. It is understood by the parties that said conditions may result in modification of the tentative tract map. Compliance with said conditions that result in modification of the tentative tract map shall not require a new filing of said map. Such modifications may include alternative designs in order to preserve entitlements granted by Comprehensive Development Plan 86-4. Any modifications that result in substantial changes to the map shall require approval by the City Council. 29. Northern Archaeological Site - A test excavation shall be completed at the northerly archaeological site to evaluate its condition and importance. A report of the excavation findings to be submitted to the City prior to approval of a final map. 30. Archaeological/Paleontological Resources - If previously unknown resources are discovered during construction, the City shall be immediately notified by the on-site archaeologist or paleontologist. Recovery operations shall be conducted in accordance with the City's adopted guidelines for recovery of said resources. 31. Plumbing Design Fixtures - All future buildings shall incorporate the use of low -flow plumbing fixtures. 32. Community Access - The applicant shall implement a program acceptable by the Planning Commission and the City Council for limited automobile access whereby City of San Juan Capistrano residents may enter the project for viewing the golf course and Horno Creek. 33. Emergency Access - The developer shall design and construct an emergency access to Tract 11753 (Hunt Club Phase fl). Said design to be reviewed and approved by the City Engineer and the Orange County Fire Marshal. 34. Community Use of Lot B - Lot B, which includes Helicopter Hill, is a significant visual resource which should be accessible to both the general public and residents of the project. in order for the community to fully benefit from this scenic resource, the developer shall enter into an agreement with the City for providing access to and use of Lot B. Said -7- Ms: 0 0 agreement to define methods of access, types of improvements, indemnification, and hours of availability in the use, etc., of said lot by the City. 35. Minimum Maintenance of Golf Course - The developer shall enter into either an agreement, or include in the CC&Rs, standards for maintenance of the golf course and support buildings in a healthy and safe appearance consistent with plans and documents to be approved by the City. Any modifications to said agreement will require review and approval by the City Council. PASSED, APPROVED, AND ADOPTED this of May ,1991. ATTEST: 7th KENNETH E. FRIESS, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) day 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. 91-5-7-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 7th day of May , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSTAIN: None ABSENT: None (SEAL) (jI,-'t CHERYL JOHN N, Cl Y CLERK