Resolution Number 86-10-7-2403
RESOLUTION NO. 86-10-7-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 11648 AND RESCINDING RESOLUTION NO. 82-1-5-4
(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 11648, proposing
to subdivide approximately 147.5+ acres of land into 13 residential lots which would
provide for 302 residential units, a public -institutional site, a proposed park site and
several lettered common lots on Assessor's Parcels Nos. 124-120-04 and 124-120-25; 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, on December 8, 1981, forwarded
the tentative 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 January 5, 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
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7. The design or improvements of the proposed project will not interfere with the
maintenance or preservation of an historical site.
WHEREAS, on January 5, 1982, the City Council adopted Resolution No. 82-1-
5-4, conditionally approving Tentative Tract Map 11648; and,
WHEREAS, on January 25, 1983, and October 25, 1983, the Planning
Commission granted a one-year extension in accordance with the Municipal Code; 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, on January 8, 1985, the City Council reaffirmed its findings and
granted a one-year extension of time; and,
WHEREAS, the applicant, Capistrano Ascot Development, Inc., has requested
an extension of time for Tentative Tract 11648; 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; and,
WHEREAS, the City Council has continued said public hearing in order to have
additional tests conducted at the site of the landfill to determine the presence of toxic
substances and identification of rules and regulations that will apply to proper closing
and certification of the sanitary landfill.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby extend approval for Tentative Tract 11648 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 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).
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The CC&Rs shall be approved by the City Attorney prior to issuance of
permits.
3. Grading Plan - A final grading plan for the project shall be approved by
the Planning Commission prior to issuance of permits.
4. Architecture - Final architectural elevations shall be approved by the
Director 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 Director of Community
Planning and Development consistent with the approved Residential
Concept Plans.
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 after a
review of a report prepared by an arborculturalist on the long-term
health of proposed plant material. 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.
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.
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. La Novia (extended) from Valle Road to tract boundary.
b. Street "J".
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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 "A -I".
12. 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. A 20 -foot -wide pipeline easement will be required from the closest
street to the proposed reservoir.
b. A 15 -foot -wide paved access road with grades not exceeding 10
percent and meeting the requirements of the District will be
required for operating and maintaining the proposed reservoir.
c. Access from Via La Mirada to the reservoir will be required. A
pipeline connecting the reservoir to the existing water line in Via
La Mirada will be required.
d. Final size of the proposed reservoir will be determined by the
District after the water system analysis is complete.
e. Location of the off-site water line connecting the District's
facilities in La Novia will be determined after review of the
Glendale Federal Planned Community Development Plans and
schedule.
f. All water facilities necessary for serving this tract will be provided
by the developer and dedicated to the District.
g. 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.
h. Location of the proposed reservoir to serve this tract is dependent
upon suitable site conditions as determined by a geological and soils
investigation and the approval of the District.
i. The proposed reservoir shall be below ground.
j. Electrical power shall be provided for operating the pump at the
proposed reservoir.
13. 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
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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 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.
14. Methane Monitoring and Extraction System - A methane monitoring and
extraction system shall be installed. Said system shall be reviewed and
approved by the South Coast Air Quality Management District and shall
conform to their adopted standards. No building permits shall be issued
until the monitoring and extraction system design has been approved. No
Use and Occupancy Permits shall be issued until said system has been
installed and accepted by the South Coast Air Quality Management
District.
15. Landfill Closure - The applicant shall submit a closure plan to the San
Diego Regional Water Quality Control Board in accordance with Division
4 of Title 22 and subchapter 15 of Title 23 of the California
Administrative Code. Said closure plan shall include:
a. Landfill Cap Design and Placement
b. Grading and Drainage Plan
c. Leachate Control and Monitoring Plan
d. Ground Water Remediation and Monitoring Plan
Said closure plan shall be reviewed and approved by the San Diego
Regional Water Quality Control Board prior to issuance of any building
permits. Said approved closure plan shall be installed and accepted by
said Board prior to issuance of any Use and Occupancy Permits.
16. 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 with the exception of 1-1/2:1
slopes that are product integrated.
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17. Public Institutional Site - Lot 14 shall be offered for dedication to the
City of San Juan Capistrano without any further consideration.
18. Valle Road Extension - The developers shall participate in the extension
of Valle Road from San Juan Creek Road to Camino Las Ramblas.
19. Street "J" Extension - Developer shall participate in the extension and
improvement of street "J" through Lot "H" and the "Valley" to its _
intersection with Valle Road.
20. Bikeway and Equestrian Trail System - Developer shall dedicate and
improve the General Plan bikeway and equestrian trail system as shown
on the tract map.
21. Traffic Signals - The applicant shall enter into an agreement to
participate in the installation of a traffic signal at the intersection of
Valle Road at La Novia Avenue (extended).
22. 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.
23. Garage Door Openers - Automatic garage door openers shall be installed
for all garage units.
24. Construction Impact Program - The following construction impact
program shall be implemented in conjunction with Tentative Tract 11648:
a. All construction equipment and traffic for the "Mesa" area shall be
restricted to the use of the old dump road during Phase I and II.
b. Upon completion of rough grading, all manufactured slope areas
and buildable areas for subsequent phases shall be landscaped per
approved plans.
c. All construction equipment and traffic shall use La Novia Avenue
for Phase III construction and subsequent phases.
d. Construction phasing shall insure that construction traffic is not
routed through completed neighborhood clusters.
25. 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 Comprehensive Development Plan 81-1.
26. 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 prior to approval of a final map.
27. Fees - All required fees shall be paid prior to approval of a final map.
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28. Grading Phase - The applicant may conduct a phased grading operation
for the tentative tract. Said phases shall consist of the following:
a. Phase I shall consist of that area designated on the Residential
Concept Plans as Mesa No. 1 and the sanitary landfill identified as
Lot "D".
b. Phase II shall consist of that area designated on the Residential
Concept Plans as Mesa No. 2.
29. 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.
30. 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.
31. Lighting Program - A lighting program shall be developed for the project
and reviewed by the City Council prior to the issuance of building
permits.
32. Tentative Tract Map Expiration - This approval shall expire on January 5,
1987.
33. Reimbursement For Consultant Services - The applicant shall reimburse
the City for consultant services necessary to evaluate additional
information and requirements of the sanitary landfill.
34. Las Ramblas Park Site - The applicant shall receive partial credit for
improvements to the Las Ramblas park site for in -lieu park and
recreation fees. An agreement which defines the phasing and amount of
improvements shall be executed with the final map.
PASSED, APPROVED, AND ADOPTED this 7th day
of October ,1986.
KENNETH E. FRIESS, MAYOR
ATTEST:
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CITY CLER
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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, 96_10_7_2 _ adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 7th day
of October , 1986, by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer,
and Mayor FTiess
NOES: None
ABSENT: None
(SEAL)
MA9Y ANN O ER, CITY CLERK