Resolution Number 87-7-7-6RESOLUTION NO
87-7-7-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, MODIFYING CONDITIONS 23,
14d, AND 10a OF TENTATIVE TRACT 12633 (DIVIDEND
DEVELOPMENT CORPORATION)
WHEREAS, the applicant, Dividend Development Corporation, 3252 Holiday
Court, Suite 202, La Jolla, California 92037, has submitted a request to approve
modifications to an approved tentative tract map; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will have a significant effect on the environment, has required the
preparation of an Environmental Impact Report, which report has been certified as final
by the City Council per Resolution No. 86-6-17-2, and has otherwise carried out all
requirements of the California Environmental Quality Act; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
a. The project, as designed and conditioned, is consistent with all applicable
goals, objectives, and policies of the General Plan;
b. The project, as modified, conforms to all applicable requirements of
Title 9 of the City's Municipal Code (Land Use) and is consistent with the
approved residential concept plan Growth Management 86-1;
C. The project site is physically suitable for the type and density of the
proposed development;
d. 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;
e. The design and improvements of the proposed project will not cause
serious public health problems;
f. 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;
g. The design or improvements of the proposed project will not interfere
with the maintenance or preservation of an historical site as conditioned;
and,
WHEREAS, on June 17, 1986, the City Council adopted Resolution No. 86-6-
17-4 conditionally approving Tentative Tract 12633; and,
WHEREAS, the applicant, Dividend Development Corporation, requested
reconsideration of Condition Nos. 10a, 14d, and 23 of Resolution No. 86-6-17-4 regarding
fulfillment of dedication of open space easements, equestrian trail crossing, and turn
lane of San Juan Creek Road.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does here re -affirm approval of Tentative Tract 12633, subject to
the following conditions, including revised Condition Nos. 10a, 14d, and 23 as follows:
1. Home Warrak - 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 12 -month period.
2. CC&Rs - A set of conditions, covenants and restrictions (CC&Rs) shall
be prepared and implemented for the project. The CC&Rs shall include
at a minimum:
(a) Provisions on the use and maintenance, by the owners' association,
of recreation areas, other common areas, equestrian trails, and
slopes.
(b) Provisions regulating parking and traffic control on private streets.
The CC&Rs shall be approved by the Director of Community Planning
and Development prior to approval of a final map.
3. Grading. Plan - A preliminary grading plan for the project shall be
approved by the Planning Commission prior to approval of a final map.
4. Architecture - Architectural elevations shall be approved by the Planning
Commission prior to approval of a final map.
5. Landscape and Wall Plans - Landscape, street tree, and fence/wall plans
shall be prepared and implemented for the entire project. Preliminary
landscaping, street tree, and fence/wall plans, including the landscape
buffer adjacent to Paseo Riobo, 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
Community Planning and Development.
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) Street trees and all other non -erosion -control landscaping shall be
installed in accordance with a landscape phasing plan approved by
the Director of Community Planning and Development. No final
building inspection shall be conducted for any dwelling unit within a
given phase until all landscaping has been installed for that phase
and approved by the Department of Community Planning and
Development.
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7. Landscape Maintenance and Maintenance Easements - The developer 65
shall be responsible for adequately installing and maintaining all
landscaping until such maintenance may be assumed by the homeowners'
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' association.
8. Street Names - Street names shall be approved by the Director of
Community Planning and Development prior to approval of a final map.
9. Vehicular Access Rights - Vehicular access rights to San Juan Creek
Road, Avenida Siega, and Street "A" shall be released and relinquished to
the City except at street intersections.
10. Public Streets - The following public streets shall be designed,
constructed, and dedicated in accordance with Section 9-4.103 of the
Municipal Code:
(a) San Juan Creek Road - Ultimate right-of-way to secondary
standards shall be dedicated to the City from its present terminus
at Tract 9786 (Hidden Mountain) to the easterly tract boundaries;
street improvements to include two travel lanes and turn lanes,
where needed, from Tract 9786 to 50 feet east of its intersection
with Street "Q".
(b) Street "A" - Ultimate right-of-way for Street "A" to commuter
rural standards shall be dedicated to the City from its intersection
with San Juan Creek Road to the southern tract boundary.
Improvements shall be in accordance with Section 9-4.103 of the
Municipal Code. Said improvements shall be installed from San
Juan Creek Road to 50 feet southerly of its intersection with
Street "H".
11. Private Streets - The private streets shall be designed and constructed in
accordance with Section 9-4.103 of the Municipal Code.
12. Geotechnical Study - A geotechnical feasibility study shall be completed
to determine the seismic safety and soils stability of all proposed grading
and development within the project. This shall include the fill material
located within the San Juan Creek Flood Plain area which has not been
certified for compaction. The report shall be reviewed and approved by
the Building Official prior to approval of a final map. Development of
all areas in the tract consistent with the CDP shall be subject to any
remedial grading required by the Building Official as a result of the
geotechnical study.
13. Utility Easements - All utility easements shall be identified as public
utilities water, sewer, electrical, telephone, etc.) or storm drain.
14. Equestrian Trail
(a) The equestrian trail crossing of Street "A" shall be relocated at a
street intersection.
(b) Width of the equestrian trail shall be a minimum of 20 feet.
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66 (c) Dedication and design of the equestrian trail shall be in accordance
with Section 9-4.106 of the Municipal Code. Said standard
improvements shall include restricted trail entries per the adopted
"Equestrian/Hiking Trail Design Manual" at all street intersections.
(d) The crossing at San Juan Creek Road shall be signalized thereby
eliminating conflicts with moving vehicles.
(e) The following provisions shall be included within the CC&Rs for the
subdivision:
(1) Provision for maintenance of all equestrian trails by the
homeowners' association.
(2) Provision requiring prior City approval of any amendment to
the CC&Rs that will, in any manner, affect the integrity of
the equestrian trail system or its level of maintenance.
(3) Provision requiring that all tract maintenance conform to the
"Maintenance Standards" as per the City's adopted
"Equestrian/Hiking Trail Design Manual".
(4) Provision within the CC&Rs that gives the City the right to
assume maintenance of the equestrian trails if the City
determines, after a duly noticed hearing, that the
homeowners' association has not maintained the equestrian
trail at the minimum standards per the adopted
"Equestrian/Hiking Trail Design Manual". Further, if the City
assumes maintenance of the trail system, all costs, including
administrative, shall become a lien on each residential lot
within the subdivision.
15. Parcel 2 Access - Access to Parcel 2 shall be at the intersection of San
Juan Creek Road and Street "Q".
16. San Diego Pipeline - The lot lines for parcels 210 - 212 shall be revised in
such a manner that the San Diego Pipeline easement is not included
within said lots. Furthermore, disclosure of the pipeline shall be
provided as required by the City, including statements in the CC&Rs and
Real Estate report. All manufactured slopes shall be located outside the
pipeline easement.
17. Off -Site Improvement Participation - The applicant shall enter into a
development agreement to participate in the following off-site
improvement projects in an amount equal to the subdivision's
contribution to ultimate traffic volumes: _
(a) Future traffic signalization of San Juan Creek Road and La Novia
Avenue.
(b) Future widening of San Juan Creek Road to secondary standards
between La Novia Avenue and Camino Santo Domingo.
(c) Future traffic signalization of La Novia Avenue at Calle Arroyo.
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19. Drainage - The applicant shall satisfy the following conditions regarding
drainage:
(a) The applicant shall submit a final grading plan and hydrology
calculations prepared by a registered civil engineer with submittal
of street improvement plans and/or final map. The extent of
topography of the grading plan shall be sufficient to determine
drainage impacts to adjacent properties.
(b) The applicant shall furnish a storm run-off study showing existing
and proposed facilities and the method of draining the area of the
subdivision and any tributary areas without exceeding the capacity
of any on-site or off-site street.
(c) Drainage facilities shall be provided with necessary easement,
where required. All facilities shall be designed in accordance with
the Master Plan of Drainage and Municipal Code standards.
(d) Any connections to City storm drains from private on-site drains
shall be approved by the City Engineer. A recorded hold -harmless
agreement is required for private storm drain connections to City
facilities.
(e) Private on-site storm drains shall be maintained by the
homeowners' association.
(f) All work done within the Orange County Flood Control District
easement shall be designed in accordance with the ultimately
reviewed adopted San Juan Creek Specific Plan under permits from
said agency. The developer shall recognize that the ultimate
design standards for San Juan Creek may require adjustments to
the development portion of Parcels 1 and 2.
20. Street Lights - The applicant shall furnish and install mercury vapor
street lights with Mission Bell fixtures on Marbelite poles per City
standards. The applicant shall pay applicable advanced energy fees.
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18. Off -Site Improvements - The applicant shall enter into an agreement
with the City for the design and construction of the following off-site
improvements:
(a) La Novia Avenue - Design and construct La Novia Avenue between
San Juan Creek Road and Calle Arroyo, including street section,
bridge approach, and bridge to full secondary arterial standards.
(b) San Juan Creek Road between La Novia Avenue and Camino Santo
Domingo - San Juan Creek Road between La Novia Avenue and
Camino Santo Domingo shall be improved to provide a minimum of
two through travel lanes and a continuous left -turn lane.
Improvement plans shall be submitted for this road segment
improvement for review and approval as to design to the City
Engineer.
Said agreement shall provide for methods of funding the project and
timing of improvements in relationship to development or occupancy
within the tract.
19. Drainage - The applicant shall satisfy the following conditions regarding
drainage:
(a) The applicant shall submit a final grading plan and hydrology
calculations prepared by a registered civil engineer with submittal
of street improvement plans and/or final map. The extent of
topography of the grading plan shall be sufficient to determine
drainage impacts to adjacent properties.
(b) The applicant shall furnish a storm run-off study showing existing
and proposed facilities and the method of draining the area of the
subdivision and any tributary areas without exceeding the capacity
of any on-site or off-site street.
(c) Drainage facilities shall be provided with necessary easement,
where required. All facilities shall be designed in accordance with
the Master Plan of Drainage and Municipal Code standards.
(d) Any connections to City storm drains from private on-site drains
shall be approved by the City Engineer. A recorded hold -harmless
agreement is required for private storm drain connections to City
facilities.
(e) Private on-site storm drains shall be maintained by the
homeowners' association.
(f) All work done within the Orange County Flood Control District
easement shall be designed in accordance with the ultimately
reviewed adopted San Juan Creek Specific Plan under permits from
said agency. The developer shall recognize that the ultimate
design standards for San Juan Creek may require adjustments to
the development portion of Parcels 1 and 2.
20. Street Lights - The applicant shall furnish and install mercury vapor
street lights with Mission Bell fixtures on Marbelite poles per City
standards. The applicant shall pay applicable advanced energy fees.
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68 21. Soils Subsidence Insurance - The applicant shall participate in a program
to ensure against damage from soils subsidence. Prior to issuance of a
grading permit for the subdivision, the applicant shall enter into a
program of soils subsidence insurance as established by the City.
22. Arborculturalist - The landscape plan shall be reviewed by an
arborculturallst to evaluate the survival and maintenance of trees and
shrubs upon maturity. A report shall be submitted to the Director of
Community Planning and Development with findings and
recommendations. The Director may use that report to modify the
approved landscape plan.
23. Open Space Easements - Open space conservation easements over Lots B
and C shall be accepted by fee title by the City of San Juan Capistrano.
24. Construction Access and Phasing - The developer, prior to issuance of
any permits, shall submit a haul route, construction access and phasing
program to the Director of Community Planning and Development for
review and approval. Said plan shall depict the extent of grading and
public improvements which are to be constructed for each separate phase
of development. Furthermore, the developer shall provide and utilize a
separate haul route and construction access road other than San Juan
Creek Road.
25. Access Easement - Paseo Riobo - The tentative tract map shall be
revised to provide for widening of the Paseo Riobo Road easement in
areas where it is less than 20 -feet wide in order to maintain it as a
continuous 20 -foot easement adjacent to the tract.
26. Fees - All required fees shall be paid prior to issuance of a final map.
PASSED, APPROVED, AND ADOPTED this 7th day
of JulV1987.
ANTHONY L LAND, MAYOR
ATTEST:
CITY CLERK,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO
I, MARY ANN HANOVER, 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. 87-7-7-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of July , 1987, by the following vote:
AYES: Councilmen Friess, Buchheim, Hausdorfer and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY ANN NOVER, CITY CLERK
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