Resolution Number 90-4-17-5RESOLUTION NO. 90-4-17-5
VESTING TENTATIVE TRACT 13846, BARKLEY - MARBELLA TERRACE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A COMBINATION
VESTING TENTATIVE TRACT MAP AND RESIDENTIAL CONCEPT
PLAN FOR MARBELLA TERRACE (BARKLEY)-
WHEREAS, the applicant, L.P. Barkley and Associates, 66 Fairlake, Irvine,
California, has submitted combined Vesting Tentative Tract Map 13846 and residential
concept plan, proposing to subdivide approximately 26 acres of land, identified as Lot 38
of Tract 11753, into hillside estate lots; and,
WHEREAS, the City Council has determined that the project will have a
significant effect on the environment, has accordingly required preparation of an
environmental impact report, has certified said report as final and complete, and has
otherwise carried out all requirements of the California Environmental Quality Act; and,
WHEREAS, the City's Planning Commission has forwarded the combined
vesting tentative map and residential concept plan to the City Council recommending
approval; and,
WHEREAS, a public hearing has been duly advertised in the Capistrano Valley
News and held to receive and review public testimony on the project; and,
WHEREAS, the City Council finds and determines as follows:
The proposed project, as conditioned, and its design and improvements
are consistent with the 1.1 "Very Low Density Residential," maximum
one dwelling unit per acre designation on the General Plan Map and with
the goals, policies, and objectives of the General Plan.
2. The proposed project, as conditioned, is consistent with the RS(20,000)
(Single Family, 20,000 -square -foot lot size) RS(1) (Single Family, one -
acre lot size), RS(2) (Single Family, two -acre lot size), RS(3) (Single
Family, three -acre lot size), and RS(4) (Single Family, four -acre lot size)
zoning on the property 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
avoidably injure wildlife or their habitat.
5. The design of the proposed project or the type of improvements 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 an historical site.
Be
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby approve combined Vesting Tentative Tract Map 13846
and residential concept plan, subject to the following conditions:
MExpiration - In accordance with the California Subdivision Map Act, this
map shall expire 24 months from the date of tentative map
approval.
2. 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.
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 Community Planning and Development, 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. The prohibition of building construction and/or the installation of
ornamental landscaping within that portion of any lot over which an
open space easement is being dedicated to the City.
b. Provision for the maintenance by the homeowners association of
common open space and slopes.
C. The prohibition of tennis courts within the project.
d. The prohibition of radio or television antennas projecting above any
roof eaves per Section 9-3.609 of the Municipal Code.
e. Maintenance of private drainage facilities within the project by the
homeowners association or equivalent.
f. The prohibition of free-standing retaining walls (i.e. which are not
also building walls over six feet in height.
g. A stipulation that all homes built within the project shall
incorporate the use of low -flow plumbing fixtures.
h. A requirement that all residences and associated walls, fences,
decks, or other structural elements adhere to the design philosophy
and architectural standards outlined in the Marbella Golf and
Country Club's "Marbella Property Association Architectural
Review Committee's Regulations and Guidelines for Design and
Construction Standards."
i. The prohibition of street parking throughout the subdivision in
accordance with the Air Quality Management Plan (AQMP) in
effect for the region. In addition, the CC&Rs shall include a
statement that the subdivision is subject to the regional AQMP,
including possible transportation control measures.
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j. The incorporation of this Resolution's conditions of approval into
the CC&Rs as running with each lot.
The CC&Rs shall also include a stipulation that the preceding CC&R provisions
and restrictions shall not be altered in the future without prior City approval.
4. Final Landscape Plans
a. Prior to issuance of a grading permit, final landscape plans,
including slope landscaping, street trees, equestrian trail screening,
interim landscaping of graded pads, and irrigation systems, shall be
approved by the Director of Community Planning and Development.
b. Landscaping along the west side of the equestrian trail shall be of
above -standard size and intensity in order to effectively buffer the
trail from the golf course and the homes on Via Festivo.
C. The final landscape plan shall include a 20 -foot landscaped buffer
with low canopy trees and shrubs arranged in an informal and
varied pattern along the eastern property boundary adjacent to the
portions of lots 10 and 11 proposed for development. The aim of
this landscape buffer shall be to soften the edge of the
development blocking inappropriate views, while allowing windows
for some longer views farther down the ravine.
d. The final landscape plans shall include a site habitat restoration
program incorporating landscaping species that can support existing
wildlife in the area. Said program shall be approved by the
Director of Community Planning ad Development. Also, a report
shall be submitted to the Planning Commission regarding the
habitat restoration program prior to issuance of a grading permit
for the project.
e. The final landscape plans shall be consistent with the street
improvement plans for the project.
5. Landscaping Installation - Landscaping shall be installed by the developer
as follows:
a. Erosion -control landscaping and irrigation for all manufactured
slopes and interim grass or groundcover for all graded pads shall be
installed within one month after the certification of rough grading
by the City.
b. Street trees and all other non -erosion -control landscaping and
irrigation shall be installed and approved by the Director of
Community Planning and Development in accordance with the
project improvement agreement.
6. Landscape Maintenance - The developer shall be responsible for
adequately installing and maintaining all landscaping until such
maintenance is assumed by the individual lot buyers or by the
homeowners' association.
7. Tree Preservation - The developer shall prepare a tree
protection preservation program for the eucalyptus trees within the
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project and on adjacent Lot D of the Marbella project, describing
selective trimming of the trees for safety purposes and showing
protection from grading operations, street improvements, utility lines,
and other construction impacts. The tree protection/preservation plan
shall be approved by the Director of Community Planning and
Development prior to issuance of a grading permit.
8. Archaeo10 - Prior to issuance of a grading permit, the
subdivider developer shall provide evidence to the Director of
Community Planning and Development that a certified archaeologist will
be on site during clearing and grubbing operations within the ravine and
eucalyptus grove area. The archaeologist shall have the authority to halt
or redirect work should any archaeological resources be discovered. If
additional or unexpected archaeological features are discovered, the
archaeologist shall report such findings to the project developer and the
Director of Community Planning and Development. If the archaeological
resources are found to be significant, the archaeological observer shall
determine appropriate actions, in cooperation with the
subdivider/developer and the City, for exploration and/or salvage.
Excavated finds shall be offered to the City, or its designee, on a first
refusal basis. The subdivider/developer may retain said finds if written
assurance is provided that they will be properly preserved in Orange
County, unless such finds are of special significance, or a museum in
Orange County indicates the desire to study and/or display them, in
which case items shall be donated to the City or its designee. These
actions, as well as final mitigation and disposition of the resources shall
be subject to the approval of the Director of Community Planning and
Development.
9. Street Names - Street names shall be proposed by the developer and shall
be approved by the Director of Community Planning and Development
prior to approval of a final map.
10. Equestrian Trails - The portion of the equestrian trail adjacent to Lots 1
and 2 shall be realigned further from the existing lots along Via Festivo.
This shall be done without increasing the limits of grading for Lots 1 or
2. Possible design measures to accomplish this change shall include the
use of low retaining walls, a reduction in pad sizes for Lots 1 and 2,
and/or similar measures. Also, landscaping along the west side of the
equestrian trail shall be of above -standard size and intensity in order to
effectively buffer the trail from the homes on Via Festivo. The trail
alignment adjacent to the 12th fairway shall be modified to the extent
possible in order to eliminate conflicts with golf course and homes. Said
plan and landscape plan shall be approved by the Director of Community
Planning and Development.
11. Final Grading Plan - The developer shall submit a final grading plan to _
the City Engineer and the Building Official, consistent with Exhibit R-2,
attached hereto at the time of submittal of street improvement plans
and/or a final tract map. The final grading plan and accompanying
hydrology calculations shall be prepared by a civil engineer. The final
grading plan shall show:
a. Street "A", sewer, water, storm drain facilities, and all proposed
grading.
b. The extent of topography sufficient to determine drainage impacts
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to adjacent properties.
C. All manufactured slopes at 2:1 or flatter, designed and constructed
per Municipal Code Sections 9-3.505 and 9-4.112
d. Manufactured slopes smoothly blending with existing topography.
Tops and toes of slopes shall be rounded and hard edges and angles
shall be avoided.
e. Brow ditches, cross slope drains, and down drains only on those
portions of manufactured slopes absolutely requiring such
structures for erosion control.
The final grading plan shall be approved by the City Engineer and the
Land Use Manager prior to issuance of a grading permit.
12. Offsite Grading - Prior to approval of a final map, the developer shall
submit notarized written permission authorizing any grading beyond the
boundaries of the project from the applicable property owner.
13. Geotechnical Study - A geotechnical feasibility study shall be submitted
by the developer to determine the seismic safety and soils stability of all
proposed grading and development within the project and preliminary
pavement sections and substructure bedding/backfill requirements. The
report shall be approved by the City Engineer and the Building Official
prior to issuance of a grading permit.
14. Soils Subsidence Program - The developer shall implement a soils
subsidence program for all residential lots. The program shall be
approved by the Director of Community Planning and Development prior
to approval of a final map.
15. Private Streets - The developer shall show the following private streets
on the grading plan and shall design and construct said streets in
accordance with Section 9-4.103 of the Municipal Code:
a. Street "A" to its ultimate width at the entry of 50 feet curb -to -
curb with two 21 -foot street sections and an eight -foot curb -to -
curb median, then 26 feet curb -to -curb up to the cul-de-sac. In
addition to the above, there shall be a seven -foot pedestrian and
public utility easement behind the curb on the southwest side and a
three-foot pedestrian and public utility easement on the northeast
side.
b. Feeder drives serving more than one lot to a width of 20 feet of
pavement.
C. Driveways serving only one lot to a width of 12 feet of pavement.
16. Street Improvement Plans - The developer shall submit street
improvement plans, prepared by a civil engineer and conforming to
Municipal Code Section 9-4.103, at the time of first submittal of the
final map and grading plan. Said plans shall be approved by the City
Engineer prior to issuance of a grading permit.
17. Driveways and Street Lights - Street improvement plans shall include the
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following to be furnished and installed by the developer:
a. P.C.C. driveway approaches per City/OCEMA Standard 101 -0 -OC.
Locations and dimensions shall be subject to approval by the City
Engineer.
b. A wheelchair ramp at the corner of Street "A" and Golf Club Drive,
with a modified ramp width of eight feet.
C. Street lights with Mission Bell fixtures on marbelite poles, or other
decorative street lights conforming to City standards, at the
intersection of Street "A" and Golf Club Drive, at the curves in
Street "A", and at the cul-de-sac at the end of Street "A".
d. Street trees consistent with final landscape plans.
18. Water and Sewer Improvements - Water and sewer improvements shall be
designed and constructed by the developer per Municipal Code Section 9-
4.109 and 9-4.111 respectively.
19. Storm Drains - Drainage facilities shall be designed and constructed by
the developer per City Master Drainage Plan and City Standards.__Also�___._
prior to approval of a final map, the subdivider shall submit a recorded
instrument providing for connection of private storm drains from the
project into City storm drain facilities.
20. Utilities and Other Improvements - Utilities shall be undergrounded by
the developer per the Municipal Code. All utility undergrounding and all
driveways, pedestrianways, street lights, and drainage facilities shall be
located and constructed per Municipal Code Article 9-4.1.
21. Cross -Gutters - Cross gutters shall be prohibited unless approved by the
City Engineer.
22. Dedications and Open Space - The following dedications shall be made to
the City of San Juan Capistrano by the subdivider on the final map:
a. Public utility easements throughout the project as necessary.
b. All equestrian trails within the project.
C. Necessary easements for emergency and public security ingress and
egress purposes.
d. An open space easement for the areas shown outside the limits of
grading as shown on Exhibit R-2, attached hereto.
23. Limits of Grading - Grading shall be limited to those areas outside the
Open Space shown on the tentative map. Those expansion areas so
designated may be graded if the Director determines such grading will
not result in exposing additional cut or fill slopes and will maintain the
spirit and intent of all grading restrictions placed on this subdivision.
24. Certification of Rough Grading Prior to Issuance of First Building Permit
In order to ensure conformance of project grading as required by
Condition 23 above, with the EIR mitigation measures, and with the
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General Plan, rough grading in conformance with said concept shall be
completed by the subdivider/developer and certified by the City prior to
issuance of the first building permit for home construction within the
subdivision. Further, the requirement for completion of rough grading by
the subdivider and a stipulation permitting only minor additional finish
grading in conjunction with home construction shall be recorded against
the title of each lot within the subdivision prior to recordation of a final
map.
25. Confirmation of Access - Prior to recordation of a final map, the
subdivider shall provide evidence of legal access to the property, as
shown on the tentative map, to the satisfaction of the City Attorney.
26. Defense Against Legal Actions - The developer shall defend and hold
harmless the City with respect to any legal actions filed to challenge any
of the land use or development approvals granted by the City regarding
this project.
27. im ort of Fill for Grading - Prior to the issuance of a grading permit, the
subdivider developer shall identify the location of any sites from which
extra fill will be imported and the route of haul to the project site and
provide such information for the review and approval of the City.
Note: Conditions 28 through 40, following, require approval of site and/or
building plans by the Director of Community Planning and Development prior
to issuance of a building permit or grading permit, as specified in parentheses
after the condition:
28. Building Scale and Walls - The owner/developer of each lot shall design
the lot development so that the scale of proposed buildings are
compatible with existing landforms, that horizontal architectural
elements are emphasized, and that primarily vertical architectural
features such as large, unbroken wall faces or towers are avoided
(building permit).
29. Building Designs for Lots 1-7, 9, 14, and 15 - The owners/ developers of
lots 1-7, 9, 14, and 15 shall design the lot development so that visually
unbroken two-story structures are avoided. A horizontal architectural
element, whether structural or finish, shall visually separate the first and
second stories. Alternately, the second story shall be stepped back
(building permit).
30. Siting and Driveways for Lots 7-14 - The owner/developer of Lots 7-14
shall design the lot development so that structure siting for those lots is
toward the extreme rear of the graded lots, with structures sited directly
against or into the hillside slopes. Also, driveways serving those lots
shall be masonry units, concrete or textured concrete. Masonry color is
limited to tan, beige, or light earth tones. Concrete must be tinted to
match the same range of tones (building permit).
31. Roof Pitch - The owner/developer of each lot shall design the lot
development so that roof pitch is a maximum of 3.5:12 (building permit).
32. Retaining Walls - The owner/developer of each lot shall design the lot
development so that retaining walls visually integrated with building
design are limited to six feet in height. Retaining walls not associated
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with structures and facing either the Marbella Golf and Country Club or
the residences within The Hunt Club or on the Aja property shall be
limited to four feet in height. Also, where retaining walls are needed,
crib walls or stepped terrace walls with plantings shall be used wherever
feasible (grading permit).
33. Outdoor Lighting - The owner/developer of each lot shall submit a
lighting plan showing exterior lighting compliance with Municipal Code
Section 9-3.614 and showing that all exterior light sources are directed
away from the Marbella Golf and Country Club and/or residences within
The Hunt Club. Exterior lighting shall be low level and low wattage.
Floodlighting of structures, trees, or plantings for purely display purposes
shall be avoided (building permit).
34. Sign Program - The subdivider shall submit a sign program as part of the
final landscape plans for the project. The color, material and size of any
signage shall be appropriate in relation to adjacent development (grading
permit).
35. Exterior Colors - The owner/developer of each lot shall design the lot
development so that colors to be used on exterior buildings, fences, and
walls shall be as outlined within the Marbella Golf and Country club_ _
design regulations and guidelines, with the following exception:
structures located on lots 7-14 shall be limited to Peach, Villa
(peach/brown), and Hacienda (light brown) (building permit).
36. Landscaping of Graded Areas in Conjunction with Development of Each
of graded areas associated with residences, roads, or driveways
immediately upon completion of grading and compaction (building
permit).
37. Preservation of Hillside Vegetation - The subdivider and the
owner developer of each lot shall design the overall project grading and
the development of each lot so that natural vegetation on slopes behind
residences shall be limited to that required by grading and by fire
protection (grading permit).
38. Landscaping Along Roads and Driveway s - The subdivider and the
owner developer of each lot shall design the overall project landscape
plan and the landscape plans for individual lots so that landscaping along
roads and driveways emphasize informal and varied massing rather than
linear or regular placement. Trees with mature heights of over 30-35
feet shall be avoided (grading permit).
39. Hillside Guidelines - The owner/developer of each lot shall design the
development of the lot so that the City of San Juan Capistrano's
Guidelines for Hillside Custom Homes are adhered to (building permit).
40. Section 404 Re uirements Re Ravine Drainage Course - The
subdivider developer shall provide evidence that an agreement with the
State Department of Fish and Game pursuant to Section 1601-03 of the
Fish and Game Code and/or a permit from the U.S. Army Corps of
Engineers pursuant to Section 404 of the Clean Water Act has been
obtained or that no such agreement/ permit is required (grading permit).
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Engineers pursuant to Section 404 of the Clean Water Act has been
obtained or that no such agreement/permit is required (grading permit).
41. Fire Protection - Fire protection measures shall be implemented as
follows:
a. Prior to recordation of a final tract map, the subdivider shall
submit water improvement plans for adequate fire protection and
financial security for the installation per Municipal Code Section 9-
4.109.
b. Prior to the issuance of any building permits for combustible
construction, evidence that a water supply for fire protection is
available shall be submitted by each lot owner/developer and
approved per the Municipal Code. Fire hydrants shall be in place
and operational to meet required fire -flow prior to the
commencement of any construction with combustible materials.
C. Prior to the issuance of a grading permit for the project, a fuel
modification plan and program shall be prepared by the
subdivider/developer and approved by the County Fire
Department. The plan shall show special treatment necessary to
achieve an acceptable level of risk in regard to the exposure of
structures to flammable vegetation and shall address the method of
removal and installation, mechanical or hand labor to be used, and
provisions for its continued maintenance. The approved fuel
modification plan shall be completed to the satisfaction of the Fire
Department prior to the issuance of a use and occupancy permit for
each lot.
d. Prior to the issuance of any certificate of use and occupancy within
the subdivision, Street 'A', as identified on the tentative tract map,
shall be red -curbed and posted "No Parking -- Fire Lane" per
Section 10.207 of the 1985 Uniform Fire Code in a manner meeting
the approval of the County Fire Department.
PASSED, APPROVED, AND ADOPTED this
of April , 1990.
17th
day
in
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, GEORGE SCARBOROUGH, Acting 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. 90-4-17-5 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 17th day
of April 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland
and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
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EXHIBIT R-2 215
LIMITS OF GRADING
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