Resolution Number 82-1-5-4RESOLUTION NO. 82-1-5-4 i 1
TENTATIVE TRACT 11648 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11648 AND RESIDENTIAL
CONCEPT PLANS (AROSA)
WHEREAS, the applicant, Arosa Development and
Management, Inc., 2915 C. Red Hill, Costa Mesa, 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 has forwarded
the tract map and Residential Concept Plans 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
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.
-1-
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.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Tentative
Tract 11648 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).
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.
4. Architecture: Final architectural elevations
shall be approved by the Director of Community
Planning and Development consistent with the
Residential Concept Plans prior to approval of a
final map.
-2-
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. 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.
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.
B. Street Names: Street names shall be approved by
thethe 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".
-3-
11. Private Streets: The
shall be designed and
with Section 9-4.103
a. Streets "A -I".
following private streets
constructed in accordance
of the Municipal Code:
12. Water: Water and distribution facilities shall
be improved and dedicated to Orange County Water
Works District No. 4. 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 waterline 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 waterline
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.
-4-
h. Location of the proposed reservoir is
dependent upon suitable geological
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 booster 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 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.
75
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. 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.
-5-
1 15. Public institutional Site: Lot 14 shall be
offered for dedication to the City of San Juan
Capistrano without any further considerations
with the final map.
16. Methane Monitoring and Extraction System: A
methane monitoring and extraction system shall
be installed and accepted as adequate by the
appropriate agency prior to issuance of use and
occupancy permits for Phase I building permit
allocations.
17. Valle Road Extension: The developers shall
participate in the extension of Valle Road from
San Juan Creek Road to Camino Las Ramblas (1984)
18. Community Park: The developer shall irrevocably
offer for dedication to the City of San Juan
Capistrano a 27 -acre community park identified
as Lot "D" on the tract map.
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 developer 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. Community Park Improvements: The developer
shall enter into an agreement for the future
dedication and phased improvements of the
community park site. Said agreement shall
insure that all park improvements are completed
and accepted by the City prior to December 31,
1986. In return for improvements of the
!W!
community park and Alto Capistrano Park, the
applicant shall receive credit for in -lieu Park
and Recreation fees for the entire Forster
Canyon Planned Community. The agreement which
defines the phasing and amount of improvements
shall be reviewed as to form by the City Attorney
and Director of Community Planning and Development.
Said agreement to be executed with the final
map.
25. 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.
26. 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.
27. 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.
28. Fees: All required fees shall be paid prior to
approval of a final map.
29. General Open Space Lot: The area 10 feet west
of the methane gas recovery system included in
Lot "D" shall be separated and designated
Lot "K', a common lot to be owned and maintained
by the homeowners' association.
-7-
30.
31.
Open Space Easements: The applicant shall
dedicate to the City an open space easement over
Lots E -K.
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 park site identified as
Lot "D".
b. Phase II shall consist of that area designated
on the Residential Concept Plans as Mesa
No. 2.
32. 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.
33. 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.
34. A lighting program shall be developed for the
project and reviewed by the City Council prior to
the issuance of building permits.
PASSED, APPROVED AND ADOPTED this 5th day of
January 1 1982, by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Buchheim and Mayor Schwartze
NOES: None
ABSENT: None
ATTEST:
"I'll, I'll _ _:. �.A /lI
W10
STATE OF CALIFORNIA 9
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. 82-1-5-4 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 5th day of
January , 1982.
(SEAL) ��.
RMA Y ANN HArVER, CITY CLERK
STATE OF CALIFORNIA
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. 79-2-21-7 and on the 12th day of January 1982 ,
she caused to be posted:
RESOLUTION NO. 82-1-5-4
being: TENTATIVE TRACT 11648 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11648 AND RESIDENTIAL
CONCEPT PLANS (AROSA)
in three (3) public places in the City of San Juan Capistrano,
to wit: The Administration Building; The San Juan Hot Springs
Dance Hall; The Orange County Public Library.
MARY A ER, City Clerk —
San Juan Capistrano, California