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Resolution Number 86-11-18-1RESOLUTION NO. 86-11-18-1 17 TENTATIVE TRACT 11832 (AROSA/FORSTER CANYON PLANNED COMMUNITY) (CAPISTRANO ASCOT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN .JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11832 AND RESIDENTIAL CONCEPT PLANS (AROSA/FORSTER CANYON PLANNED COMMUNITY) (CAPISTRANO ASCOT) WHEREAS, the applicant, Capistrano Ascot Development, Inc., 1715 Port Ashley, Newport Beach, California, has submitted Tentative Tract Map 11832, proposing to subdivide approximately 247+ acres of land into 92 residential lots which would provide for 283 residential units, three research and development parcels, and several lettered common lots on Assessor's Parcel Nos. 675-081-10 and 124-110-63, 124-110-49, and 124- 110-03; and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will have a significant effect on the environment, has found that the previously prepared EIR for the total Forster Canyon Planned Community, which report has been certified as final by the City Council, adequately addressed the impacts of the project and therefore qualifies for use of a single EIR, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission forwarded the tract map and Residential Concept Plans to the City Council recommending approval; and, WHEREAS, a public hearing was duly advertised and held to review and receive public testimony on the application by the City Council on November 2, 1982; and, WHEREAS, the City Council of the City of San Juan Capistrano found and determined as follows: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Planned Community 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 and Ordinance No. 418 (Forster Canyon Planned Community). 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 or improvements of the proposed project 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. -1- is7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. WHEREAS, on November 2, 1982, the City Council adopted Resolution No. 82- 11-2-4, conditionally approving Tentative Tract Map 11832; and, WHEREAS, on October 25, 1983, the Planning Commission granted a two-year extension; and, WHEREAS, the City Council, on July 3, 1984, amended the Municipal Code regarding the granting of an extension of time for subdivisions by requiring City Council approval; and, WHEREAS, the applicant, Capistrano Ascot Development, Inc., has requested an extension of time for Tentative Tract 11832; and, WHEREAS, the City Council conducted a duly advertised and noticed public hearing on November 5, 1985; and, WHEREAS, testimony at the noticed hearing brought forth concerns regarding the possible presence of toxic substances and the lack of closure certification for the Forster Canyon Sanitary Landfill located on adjacent Tentative Tract 11648; and, WHEREAS, the City Council has continued said public hearing in order to have additional tests conducted at the site of the landfill and identification of applicable rules and regulations that will apply to its certification and subsequently approved an extension of the tentative tract approval that will expire on November 5, 1986; and, WHEREAS, the applicant, Capistrano Ascot Development, Inc. has requested an additional 12 -month extension of time for Tentative Tract 11832; and, WHEREAS, the City Council conducted a duly advertised and noticed public hearing on November 4, 1986. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby reaffirm approval of Tentative Tract 11832 and the Residential Concept Plans, 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, 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). c. That provisions shall be made within the CC&Rs which incorporate the provisions of the City's regulations regarding color and -2- 19 reflectivity for prospective units to be constructed within the tract boundaries. The CC&Rs shall be approved by the City Attorney prior to approval of a final map. 3. Grading Plan - A final grading plan for the project shall be approved by the Planning Commission prior to approval of a final map. Approval shall be based, in part, from City staff determination as to whether final grades for Window Hill will result in any proposed structure extending above the level of the proposed berm along the northwest side of Avenida Calita measured from the nearest horizontal distance. Ultimate approval shall be dependent on a Planning Commission determination that all prior representations as to views and aesthetics have been satisfied. 4. Architecture - Final architectural elevations for Window Hill shall be approved by the Department of Community Planning and Development consistent with the Residential Concept Plans prior to issuance of permits. 5. Landscape and Wall Plans - Final landscape, street tree, and fence/wall plans shall be prepared and implemented for the entire project. Final working drawings shall be approved by the Department of Community Planning and Development consistent with the approved Residential Concept Plans and the following modifications: a. The large buttress fill slope on the north face of Window Hill shall be hydroseeded with a native grass and wildflower mix. A temporary irrigation shall be installed to provide for plant establishment. b. Entry monument wall shall have a maximum height of six feet. c. A landscape plan and encroachment permits obtained through Caltrans shall be prepared for the area adjacent to Interstate 5 and the two research and development sites. Said plan shall be approved by Community Planning and Development. The plan shall provide for an adequate opaque plant screen for Interstate 5. 6. Landscaping Installation - Landscaping shall be installed as follows: a. Erosion -control landscaping for all graded areas shall be installed immediately after the certification of rough grading by the City. In addition, boundary landscaping adjacent to Interstate 5 shall be installed at the conclusion of rough grading. 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. -3- 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' 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. In addition, the homeowners' association shall be responsible for all landscape maintenance of the public right-of-way within the tract boundary. 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 all primary, secondary, and commuter highways 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. Valle Road (extended) from existing Valle Road to Camino Las Ramblas. b. Avenida Calita from Valle Road (extended) to the tract boundary. c. Streets "A", "B", and "E". 11. Private Streets - The following private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code: a. Streets "C", "D", and "F -M". b. Streets "I -M" shall have a minimum grade of 1.0 percent. 12. Street "E" - Street "E" shall be relocated outside the existing right-of- way for Interstate 5. 13. Water - Water and distribution facilities shall be improved and dedicated to Capistrano Valley Water District. Said improvements and dedications shall consist of the following: a. All water facilities necessary for serving this tract will be provided by the developer and dedicated to the District. b. The final pipeline sizes will be determined after evaluation of the total Forster Canyon project is complete. The project will require two booster stations as follows: (1) A booster station located on La Novia Avenue to deliver water into the proposed reservoir. (2) A booster station located at the proposed reservoir to deliver water into the Upper Zone 2 pressure zone. c. Location of the proposed reservoir to serve this tract is dependent WorbSIW c�le geological and soils investigation and the approval of -4- ?&:V d. The proposed reservoir shall be below ground. e. Electrical power shall be provided for operating the booster pump at the proposed reservoir. 14. Fire Protection - To insure adequate fire protection, the following conditions shall be met: a. Prior to recordation of the map, water improvement plans shall be approved by the Fire Marshal for fire protection, and financial security posted for the installation of same. The adequacy and reliability of the water system design, location of valves, and distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule for Municipal Fire Protection." b. Prior to the completion of an application for building permits for combustible construction, evidence that a water supply for fire protection is available shall be submitted to the County Fire Marshal. c. Prior to the completion of an application for building permits on any portion of the map served by private streets not shown on the map, a site plan showing building locations and private drive arrangement shall be approved by the Fire Marshal. d. Prior to the recordation of a final tract map, a construction phasing plan shall be approved by the Fire Marshal. The purpose of this review is to evaluate the adequacy of emergency vehicle access for the number of dwelling units served. e. Prior to the issuance of any grading permits, a fuel modification plan and program shall be approved by the Fire Marshal. The plan shall show the special treatment 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) and provisions for its continuous maintenance. The approved fuel modification plan shall be installed under the supervision of the Fire Marshal and completed prior to the issuance of applicable use and occupancy permits. f. Prior to recordation of the map, a fire protection access easement, continuous with the travelway for the private drives as shown on the approved map, shall be dedicated to the County of Orange. The CC&Rs shall contain provisions which prohibit obstructions within the fire protection access easement and also require Fire Marshal approval for any modifications such as speed bumps, control gates, or changes in parking plan within said easement. g. Prior to the completion of an application for any building permits on Lots 9, 45, 46, 53, 54, 55, 59, 62, 64, and 78, plans for a residential, automatic fire extinguishing system shall be approved by the Fire Marshal. Such systems shall be operational prior to the issuance of certificate of use and occupancy. -5- 22 h. Prior to recordation of the map, construction details for any controlled entry access shall be approved by the Fire Marshal. These details will include width, clear height, and means of emergency vehicle override. i. All structures (including barns, gazebos, hay or feed sheds and/or commercial) must have a minimum of 50 feet of vegetation clearance, either to mineral soil or by irrigated greenbelt. Greater width is more desirable where structures are above flammable vegetation. 15. Slopes - All manufactured slopes shall be designed and constructed in accordance with Section 9-3.505 and 9-4.112 of the Municipal Code. All such slopes shall be 2:1 ratio or flatter. 16. Valle Road Extension - The developers shall participate in the extension of Valle Road from San Juan Creek Road to Camino Las Ramblas. 17. Street "A" Off -Site Extension - Prior to the issuance of building permits for lots 1-67 and 76-85, Street "A" shall be dedicated and constructed through the "Mesa" and connect to La Novia extended in accordance with the Forster Canyon Planned Community Comprehensive Development Plan. If La Novia has not been constructed prior to the extension of street "A", the developer shall be required to dedicate and improve La Novia Avenue from Valle Road to its common project boundary with the Lomas San Juan Planned Community 18. Bikeway and Equestrian/Hiking Trail System - Developer shall dedicate and improve the General Plan bikeway system as shown on the tract map and the equestrian/ hiking trail system as shown on the tract map as a public use easement. 19. Traffic Signals - The developer shall enter into an agreement to participate in the installation of traffic signals at the intersections of Valle Road at La Novia Avenue (extended), Valle Road (extended) and Camino Las Ramblas, Valle Road at San Juan Creek Road, and San Juan Creek Road at Camino Capistrano. 20. Housing Opportunities Program - A Housing Opportunities Program developed consistent with the provisions of the Comprehensive Development Plan for the Forster Canyon Planned Community shall be approved by the Planning Commission prior to approval of the final map. 21. Garage Door Openers - Automatic garage door openers shall be installed for all garage units located in Lots 89-95 (Window Hill). 22. Parkland Dedication - Pursuant to the controlling zoning for the subject property, Forster Canyon Planned Community Comprehensive Development Plan 81-1, the proposed parkland located within the residual parcel previously identified as Tentative Tract 11587 shall be dedicated to the City of San Juan Capistrano prior to recordation of the final map. Said dedication shall not qualify the subdivider for any credit against park fees because under said zoning document, the elimination of all development potential from the area to be dedicated for park purposes has been transferred as additional development potential under the General Plan to the subject Tract 11832. I M. 23 23. Community Park Improvements - The developer shall enter into an agreement for constructing the improvements of the neighborhood park located in Tract 11587. In return for improvements of the Las Ramblas Park, the applicant shall receive credit for partial in -lieu park and recreation fees. The agreement which defines the phasing and amount of improvements shall be reviewed as to form by the City Attorney and as to content by the Director of Community Planning and Development. Said agreement shall be executed with the final map. 24. Construction Impact Program - The following construction impact program shall be implemented in conjunction with Tentative Tract 11832: a. All construction equipment and traffic for the Valley and Window Hill area shall be restricted to the use of Valle Road (extended). All construction traffic shall be prohibited from the use of Camino Las Ramblas easterly of Via California. No construction traffic shall use Avenida Calita except within the tract boundaries. b. Upon completion of rough grading, all manufactured slope areas and buildable areas for subsequent phases shall be landscaped per approved plans. c. Construction phasing shall insure that construction traffic is not routed through completed neighborhood clusters (Window Hill). 25. Other Improvements - Driveways, pedestrian ways, bikeways, equestrian traiIs, 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 Comprehensive Development Plan 81-1. 26. Fees - All required fees shall be paid prior to approval of a final map. 27. Open Space Preservation - The following shall be dedicated to the City prior to final map: a. Open space easement for those portions of Lots 86, 87, and 88 shown to remain in a natural configuration. b. Open space easement on the knoll area for Lot 75 that will restrict residential development to that area between the 300' elevation on Lot 75 and Lots 83-85. c. Open space easement over Lots Band C. d. Fee dedication of Lot A, with a landscape maintenance easement to the homeowners' association of all manufactured slopes and street right-of-way. 28. School Fees - School fees per Ordinance No. 454 shall be paid at the time of building permit issuance. 29. Development Matrix (Valley) - A three-dimensional development matrix shalI be reviewed and approved for Lots 1-85. The matrix shall include provisions for setbacks, heights, and grading concepts as a means to insure that no additional padding of lots other than that shown on the -7- 24 _ tract map would occur. Said matrix to be approved following a public hearing by the Planning Commission prior to the final map. 30. Recreational Vehicle Parking - The applicant shall submit a recreational vehicle parking program that accounts for the total area of the tentative tract. Said program to be reviewed and approved by the Planning Commission prior to approval of a final map. 31. Reimbursement Agreements - The applicant may enter into reimbursement agreements where public improvements are required for which the mutual benefit of said improvements would serve adjacent properties. Said agreements shall be reviewed as to form by the City Attorney and Director of Public Works. The agreements to be executed with the final map. 32. Street Lights - A lighting program shall be developed for the project and reviewed by the City Council prior to the issuance of building permits. 33. Street Design - Where road sections employing shoulders are to be used, the City Engineer may delete the paving of the shoulders upon the determination that erosion damage would not occur. 34. Assessment District 80-2 - The developer shall enter into an agreement with the City to construct the storm drain facilities and grading necessary to commence Assessment District 80-2. Said agreement shall conform to the approved Debt Limit report for Assessment District 80-2. 35. Sewer Line Easement - The applicant shall irrevocably offer a 20 -foot - sewer line easement between Lots 31 and 32. 36. Equestrian/Hiking and ikeway Trail Improvements - The applicant shall improve and dedicate all General Plan equestrian/hiking trails to the City as public use easements, as shown on the tract map; and, shall improve and dedicate all General Plan bikeway trails to the City as shown on the tract map. An irrevocable offer of dedication for equestrian feeder trails shall be made with the final map as public use easements. Final design and alignment of equestrian trails shall be approved by the Equestrian Commission prior to final map approval. 37. Building Elevations (Avenida Calita) - The unit 1 building elevation shall be located adjacent to Avenida Calita for Lots 93, 94, and 95. 38. Soil Test Pit Restoration - The applicant shall restore all soil test pits and access roads located outside the area shown to be graded prior to issuance of any grading permits. 39. Project Entry Design - The final map shall incorporate the entry design treatments for streets "A" and "C" as shown on the Composite Development Plans. 40. Tree Removal - All trees shall be preserved within the tract boundary with the exception of those trees located in the graded portion of Lots 86 and 87 (as revised). 41. Fish and Game Permits - Prior to any grading permits being issued, a o�tair%gmit from the California Department of Fish and Game shall be go -1 25 42. Slope Stability Disclosure (Lot L - The applicant shall prepare a disclosure document to be provided to prospective property owners of Lots 1-17, 51-67, and 76-85, stating that the natural slope area located within Lot A may be susceptible to superficial and deep-seated slides. Said disclosure statement to be reviewed and approved by the City Attorney prior to final map recordation. 43. View Preservation - Provisions shall be included in the CC&Rs for "Window Hill" that will preclude visual encroachment of either buildings or plant materials as follows: a. Lots "A", "F", 89 and 90 - Maximum height of 460 feet as measured from sea level. b. Lot 91 - Maximum height of 420 feet as measured from sea level. c. Lots 92 through 96 - Maximum height of 400 feet as measured from sea level. 44. Tentative Map Extension - This extension shall expire on November 5, 1987. PASSED, APPROVED, AND ADOPTED this 18th day of November ,1986. KENNETH E. FRIESS, MAYOR ATTEST: 10 26 i 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. 86-11-18-1 adopted by the City Council of the City of San Juan ^ Capistrano, California, at a regular meeting thereof held on the 18th day of November , 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim and Mayor Friess NOES: None ABSENT: Councilman Hausdorfer (SEAL)" MARY ANN ANOVE , C TY CLERK -10-