Resolution Number 88-1-5-2395 -
RESOLUTION NO. 88-1-5-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 12423, PARCEL E AREA PLAN, AND COMPOSITE
DEVELOPMENT PLANS (GLENDALE FEDERAL/LOMAS SAN JUAN)
WHEREAS, the applicant, Glenfed Development Corporation, 16601 Ventura
Boulevard, Encino, California, has submitted Tentative Tract Map 12423 and
accompanying Parcel E Area Plan and Composite Development Plans, proposing to
subdivide approximately 55 acres of land located in the Glendale Federal Planned
Community (Lomas San Juan) into residential and common lots to provide for the
construction of 267 attached dwelling units; and,
WHEREAS, the City Planning Commission has forwarded the tentative tract
map and accompanying Composite Development Plans to the City Council recommending
approval; and,
WHEREAS, the City Council of the City of San Juan Capistrano finds and
determines as follows:
1. The proposed project, as conditioned, and its design and improvements
are consistent with the 1.4 (Medium Density Residential) designation on
the General Plan Map and is otherwise consistent with all other Elements
of the General Plan.
2. The proposed project, as conditioned, conforms to all applicable
requirements of Title 9 of the City's Municipal Code (Land Use) and is
consistent with the Comprehensive Development Plan (CDP 81-2)
approved by the City Council for the entire Glendale Federal Planned
Community on November 3, 1981.
3. The grading design and project density are tailored to the hillside
character of the property, therefore, the project site is physically
suitable for the type and density of the proposed project.
4. From information provided in the project's environmental impact report,
the City Council finds that:
a. 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.
b. The design or improvements of the proposed project will not cause
serious public health problems.
C. The design or improvements of the proposed project will not
interfere with the maintenance or preservation of an historical
site.
5. 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.
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WHEREAS, on December 3, 1985, the City Council adopted Resolution No.
85-12-3-5 conditionally approving Tentative Tract Map 12423; and
WHEREAS, the applicant, Glenfed Development Corporation, has requested an
extension of time for Tentative Tract Map 12423; and
WHEREAS, the City Council conducted a duly advertised and noticed public r
hearing on January 5, 1988; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby extend the approval of Tentative Tract Map 12423, the
Parcel "E" Area Plan, and accompanying preliminary grading, landscape, and
architectural plans, for a period of 12 months, to and including December 3, 1988,
subject to the following conditions:
1. Home Warranty: 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 implemented 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, slopes, and
recreational vehicle storage areas.
(b) Provisions regulating parking and traffic control on private streets.
(c) 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. Soils Subsidence Insurance: The developer shall participate in a program
to insure against damage from soils subsidence. Prior to the issuance of
a grading permit for work within Parcel E, the developer shall enter into
a program of soils subsidence insurance as established by the City. The
insurance elements shall include, but not be limited to named insureds,
coverage, deductibles, and premiums. Once the insurance program has
been put in place by the City, the developer shall have the right to show
cause within 10 calendar days to the City Council why any part of the _
insurance program is not feasible. The Planning Commission and City
Council shall review the insurance program prior to its implementation
within this project.
4. Grading Plan: A preliminary grading plan for the project shall be
approved by the Director of Community Planning and Development prior
to City Council approval of a final map and after the Director's
determination that said grading plan is consistent with the grading
concepts approved with this tentative map.
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5. Grading Phasing: No certificate for residential occupancy within the
tentative tract shall be issued until rough grading of all of Parcel E is
completed to the satisfaction of the Director of Community Planning and
Development.
6. Architecture: Final building plans shall be approved by the Director of
Community Planning and Development: (1) after the Director's
determination that said plans are consistent with the schematic
elevations approved with this tentative map; and (2) prior to building plan
check.
7. Landscape and Wall Plans: Final landscape, outdoor lighting, signage,
fence wall, mailbox, street furniture, and related plans shall be approved
by the Director of Community Planning and Development: (1) prior to
issuance of any building permits for the project; and (2) after the
Director's determination that said plans are consistent with the concepts
approved with this tentative map. In addition, (3) only mercury vapor -
type outdoor lighting shall be used within the tract; and (4) preliminary
landscape plans shall be examined by an arboriculturist, whose report
shall be reviewed by the Planning Commission, along with said
preliminary plans, prior to preparation of final landscape plans.
8. 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 after completion of fine grading. No final building
inspection shall be conducted for any dwelling unit within a given
construction phase until all landscaping has been installed for that
phase and approved by the Direction of Community Planning and
Development.
9. Landscape Maintenance: The developer shall be responsible for
adequately installing and maintaining all landscaping until such
maintenance may be assumed by the homeowners' association.
Landscaping of common areas, recreation facilities, and major slopes
shall be maintained by the homeowners' association.
10. Model Complex: Final plans for any sales/model complex shall be
approved by the Director of Community Planning and Development prior
to issuance of any building permit for said complex. The Director may
require provision for removal and restoration of any temporary parking,
sales, or model facility as a condition of such approval.
11. Park Dedication: Per the Land Use Code and the PC Ordinance
regulating this project, one-half credit shall be given for the private
recreation area included within the tract toward satisfaction of the
City's parkland dedication requirement -- Land Use Code Article 9-4.3.
Thus, from computations in accordance with said Article, the dedication
requirement for this tract is 3.2 acres x 1/2 = 1.6 acres. This
requirement shall be met by the payment of park fees in lieu of land
dedication (in accordance with the effective City fee schedule at the
time of payment) or, upon agreement between the City Council and the
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property owner, by the dedication of land within or near the subject
planned community. Said fee payment or dedication agreement shall be
completed prior to approval of a final map.
12. Recreation Vehicle Storage Area: Final plans for the RV storage area
shall be approved by the Director of Community Planning and
Development prior to release of any grading plan for said area for plan
check. Access to the RV area shall be via an access drive, constructed
to minimum standards, intersecting La Novia Avenue.
13. Vehicular Access Rights: Vehicular access rights to all primary,
secondary, and commuter highways shall be released and relinquished to
the City except at street intersections.
14. Streets: Public and private streets shall be designed, constructed, and
dedicated in accordance with Section 9-4.103 of the Municipal Code.
15. La Novia (on-site): La Novia Avenue shall transition from 64 feet to 84
feet of right-of-way (traveling west) near the western boundary of the
subject tentative tract. Improvement plans for said transition shall be
approved by the Director of Public Works prior to approval of a final
map.
16. La Novia Avenue (Off-SiteImprovements) - The developer shall
construct the extension of La Novia Avenue from the project's westerly
boundaries to Valle Road at its intersection with the northbound on/off
ramps for Interstate 5. Said street improvements shall be installed in
accordance with the following:
a) La Novia Avenue (extended) shall include dedication of right-of-
way a minimum 84 feet in width;
b) Street improvements to consist of two travel lanes (minimum 12
feet wide), with 8 foot wide paved shoulders, and separate turning
lanes at intersections;
c) Said improvements to be completed prior to the issuance of the Use
and Occupancy permit for the 401st dwelling unit (cumulative
total) for Development Areas E and F (Tentative Tracts 12423 and
12262);
d) To commence street improvements, right-of-way acquisition is
necessary. In accordance with Government Code Section 66462.5,
the City shall commence within 120 days of the filing of the final
map negotiations to acquire or initiate proceeding pursuant to the
State Code of Civil Procedures the acquisition of said right-of-
way. All cost for right-of-way acquisition shall be paid by the
developer subject to a reimbursement agreement;
e) The City shall enter into a reimbursement agreement with the
developer that will provide for the City to reimburse the developer
for the pro -rata costs associated with said off-site improvements
benefiting adjoining property as determined by the City. Said
agreement shall not provide for immediate reimbursement but
rather shall provide that the amount shall be paid within a period
not to exceed 10 years from the date of completion.
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17. Water: Water transmission and distribution facilities shall be designed,
constructed, and dedicated in accordance with Section 9-4.109 of the
Municipal Code and the requirements of the Capistrano Valley Water
District. Such distribution facilities and appurtenances shall be approved
by the County Fire Marshal.
18. Slopes: All manufactured slopes shall be designed and constructed in
accordance with Sections 9-3.505 and 9-4.112 of the Municipal Code. All
such slopes shall be 2:1 ratio or flatter.
19. Other Improvements: Driveways, pedestrian ways, bikeways, equestrian
trails, utility undergrounding, street lights, traffic signals, drainage
facilities, and sanitary sewers shall be located and constructed in
accordance with Article 9-4.1 (Design Standards and Requirements) of
the Municipal Code and adopted City policy.
20. Fees: All applicable fees shall be paid prior to approval of a final map.
21. Ground Water Removal System: The developer shall install a ground
water removal system e.g., French drains) in accordance with Article 9-
4.1 (Design Standards and Requirements) of the Municipal Code and
adopted City policy. Design of this system shall be subject to the
administrative approval of the Director of Public Works.
22. School Fees: School fees shall be paid in accordance with Article 9-2.5
of the Municipal Code.
23. Grading Monitoring: All grading and buttress work shall be continually
monitored during grading to insure that such work conforms to all
approved plans and recommendations, and that the original geotechnical
assumptions remain valid. More specifically, the shearing resistance of
both the rupture services as they are exposed and the fill material as it is
placed shall be regularly and periodically measured to insure that said
resistance conforms to the original design assumptions. If any of the
above -referenced plans or assumptions are shown to be invalid by the
required in -grading monitoring, appropriate design modifications shall be
made prior to the completion of grading work in order to insure a safe
and stable development.
PASSED, APPROVED, AND ADOPTED this 5th day of January, 1988.
ANTHONY L. ND, MAYOR
ATTEST:
CITY CLE
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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. 88-1-5-2 adopted by the City Council of the City of San Juan r
Capistrano, California, at a regular meeting thereof held on the 5th day
of January , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY ANN ANOVER, CITY CLERK