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Resolution Number 85-12-3-5RESOLUTION NO. 85-12-3-5 311. TENTATIVE TRACT MAP 12423 (GLENDALE FEDERAL 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, California, Encino, 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: 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. -1- 312 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve Tentative Tract Map 12423, the Parcel E Area Plan, and accompanying preliminary grading, landscape, and architectural 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, 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. -2- 313 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 placed 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. 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, (1) only mercury vapor -type outdoor lighting shall be used within the tract; and (2) 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. -3- 314 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 Director 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 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. -4- 315 12. 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. 13. Streets: Public and private streets shall be designed, constructed, and dedicated in accordance with Section 9-4.103 of the Municipal Code. 14. La Novia: 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. 15. 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. 16. 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. 17. 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. 18. Fees: All applicable fees shall be paid prior to approval of a final map. 19. 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. -5- PASSED, APPROVED AND ADOPTED this December 1985 . PHILLI R. SCHWARTZE, MAY ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 3rd day of 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. 85-12-3-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of December 1 1985 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None % (SEAL) !/l RY ANN O ER, CITY CLERK am 20. School Fees: School fees shall be paid in accordance with Article 9-2.5 of the Municipal Code. 21. 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 surfaces 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 December 1985 . PHILLI R. SCHWARTZE, MAY ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 3rd day of 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. 85-12-3-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3rd day of December 1 1985 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None % (SEAL) !/l RY ANN O ER, CITY CLERK am STATE OF CALIFORNIA 3 COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 10th day of December . 1985 , she caused to be posted: being: RESOLUTION NO. 85-12-3-5 TENTATIVE TRACT MAP 12423 LOMAS F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 12423, PARCEL F AREA PLAN, AND COMPOSITE DEVELOPMENT PLAN (GLENDALE FEDERAL/LOMAS SAN JUAN) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. 4"-� MARY ANN ,,RANOVER', CITY CLERK San Jua Capistrano, California -7-