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Resolution Number 87-6-2-8RESOLUTION NO. 87-6-2-8 369 APPROVING TENTATIVE TRACT MAP 12954 (MARBELLA COUNTRY CLUB) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12954 (MARBELLA COUNTRY CLUB) WHEREAS, the applicant, The Fairway Land Company, 33971 Selva Road, Suite 200, Laguna Niguel, California, has submitted Tentative Tract Map 12954, proposing to subdivide approximately 327 acres of land into 227 numbered lots and 4 lettered lots, located on Assessor's Parcels Nos. 124-211-28, 124-211-34, 650-111-07, 650-111-08, 650-111-09, 650-112,02, 650-112-03, 650-112-04, 650-151-23, 650-152-10, 650-161-03, 650-551-01, 650-552-01, 650-552-02, 650-541-02, 650-541-03, 650-541-04, 650-541-05; 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, and has otherwise carried out all requirements of the California Environmental Quality Act; and, WHEREAS, the City Planning Commission has forwarded the Tentative Tract Map to the City Council recommending approval; and, WHEREAS, a public hearing has been duly advertised in the Capistrano Valley News and held to review and receive public testimony on the application; 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 PC CDP 86-4 (Planned Community/Comprehensive Development Plan) 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 Comprehensive Development Plan 86-4. 3. The project site as conditioned is physically suitable for the golf course use 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. Mitigation measures made to the project design will ensure that any modifications to Horno Creek will be reconstructed to resemble the natural creekbed and 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- 370 7. The design or improvements of the proposed project will not interfere with the maintenance or preservation of an historical site. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano, does hereby approve Tentative Tract Map 12954, subject to the following conditions: 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 Architectural Board of Review for report and recommendation to the Planning Commission. The Planning Commission upon receipt of said report from the Architectural Board of Review 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 -2- 3'71 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. f. The grading plan shall be designed 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 Community Planning and Development and implemented for the entire project. 6. Landscaping Installation - Landscaping shall be installed as follows: 7. 8. 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. Maintenance landscaping until such maintenance may be or country club association. An open space be created over all major slopes that Landscaping on said slopes shall homeowners'/country club association. Easements - The developer ailing and maintaining all assumed by the homeowners maintenance easement shall ire within residential lots. be maintained by the Street Names - Street names shall be approved by the Director of Community Planning and Development prior to approval of a final map. -3- 0372 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. 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 improved 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 determine the seismic safety and soils stability of all proposed grading and development within 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 5 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 5 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 5 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- 3'73 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 Community Planning and Development. 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 Community Planning and Development 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 Agreement - The applicant shall be required to execute an agreement and deposit a bond or other surety device guarantying 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, street improvements, temporary facilities for operation and maintenance of the golf course, etc.) excepting housing units. This agreement shall also include a dust control program for the mass grading operation. Said agreement shall be executed prior to issuance of any development permits. The City Attorney and Director of Community Planning and Development shall approve the form and surety amount prior to 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 plantings 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- 374 19. Fire Station Relocation - The applicant shall offer to dedicate to the City a Public Institutional site of suitable size, not to exceed 4.6t 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 Vieio 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 Vieio 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 Vieio 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 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 Trail per the alignment approved by the City. The developer shall execute an agreement with the City for maintenance provisions prior to approval of 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 Final Map. 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, im 3'75 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 8 units per acre or more; and shall be submitted to the Architectural Board of Review for recommendations to the Planning Commission (Section 5.2.5 of CDP 86- 4). Furthermore, all residential development with a net density less than 8 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 modifications of the tentative tract map. Compliance with said conditions that result in modification of the tentative tract map shall not require a new filling 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 the 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 paleontogist. 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 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 II). Said design to be reviewed and approved by the City Engineer and the Orange County Fire Marshall. 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 agreement to define methods of access, types of improvements, indemnification, and hours of availability in the use, etc., of said lot by the City. -7- 3'76 35. Minimum Maintenance of Golf Course - The developer shall enter into either an agreement, or include in the CC&R's, 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 June _, 1987. ANTHONY BL D, MAYOR ATTEST: UITY CLER� STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) 2nd day 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. 87-6-2-8 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of June , 1987, by the following vote: AYES: Councilmen Schwartze, Friess, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Buchheim (SEAL) MARY ANN HA fC'Sh1Y C ERK