Resolution Number 86-6-17-4159
RESOLUTION N0. 86-6-17-4
TENTATIVE TRACT 12663 (LACOUAGUE/RIVENDELL)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 12663 (LACOUAGUE/RIVENDELL)
WHEREAS, the applicant, Rivendell Management Group,
Ltd., 10318 - 82 Avenue, Suite 300, Edmonton, Alberta, Canada,
T6E 1Z8, has submitted Tentative Tract Map 12663 proposing to
subdivide approximately 263 acres of land into 232 residential
lots and 6 lots for open space, park, and recreational land use,
located on Assessor's Parcels Nos. 124-223-38 and 124-223-39;
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 Planning Commission has forwarded the
tentative tract map to the City Council recommending approval;
and,
WHEREAS, a public hearing has been duly advertised 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
2.0 General Open Space and 1.1 Very Low Density
Residential designation on the General Plan Map
and is otherwise consistent with all other
elements of the General Plan, including:
a. Provision for an equestrian trail and bicycle
trail that traverse the property in
accordance with the Parks and Recreation
Element;
b. Provision of a public park, tennis, and
equestrian facilities for outdoor recreation
opportunities as per the Open Space and
Conservation Element;
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1® C. Provision for improvements and dedication of
V ultimate right-of-way for San Juan Creek Road
and Avenida Siega as per the Circulation
Element;
d. Provision for a multi -phase testing program
for CA -ORA 243 in accordance with the
Historic/Archaeological Element; and,
e. Clustering of residential densities in more
gentler portions of the property that will
reduce the amount of landform alteration, as
well as resulting in additional open areas in
higher elevations adjacent to designated
General Plan ridgelines consistent with the
Land Use and Community Design Elements.
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 approved residential concept plan Growth
Management 86-1.
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.
7. The design or improvements of the proposed project
will not interfere with the maintenance or
preservation of an historical site as conditioned.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Tract Map 12663, 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 12 -month period.
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2. CC&R's - A set of conditions, covenants, and tJ 1
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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6 7. Landscape Maintenance and Maintenance Easements -
mhP Aevaloner 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 one continuous through
turn lane from Tract 9786 to 50 feet east of
its intersection with Street "4."
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.
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12. Geotechnical Study - A geotechnical feasibility) 6 3
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.
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 grade separated crossing at San Juan
Creek Road shall be designed to incorporate a
low -flow pipe to transmit nuisance flows
without impacting the tread for the trail.
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."
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164
(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
11 ^ 11
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.
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.
Q -M
b. San Juan Creek Road between La Novia Avenue 5
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
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.
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r-
166
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.
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 arborculturalist 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 dedicated to
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 -foot wide in order to
maintain it as a continuous 20 -foot easement
adjacent to the Tract.
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26. Fees - All required fees shall be paid prior to
approval of a final map.
PASSED, APPROVED AND ADOPTED this 17th day of
June r 1986
�_ , �7
KENNETH E. RIESS, MAYOR
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. 86-6-17-4, adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of
June F 1986 , by the following vote:
AYES: Councilmen Buchheim, Hausdorfer,
and Mayor Friess
NOES: None
ABSENT: Councilmen Schwartze and Bland
�
(SEAL) �J i7 J�/✓/J
MARY NN HANOVER, CITY
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