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Resolution Number 82-6-1-1RESOLUTION NO. 82-6-1-1 1 tj Y MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT) (HIDDEN MOUNTAIN) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN) WHEREAS, the applicant, Black Mountain Villas, 2643 4th Avenue, San Diego, California, has submitted a Modified Residential Concept Plan for GM 77-3 in accordance with Chapter 9-7 of the Municipal Code (Residential Growth Management); and, WHEREAS, the City's Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has required the preparation of a Negative Declaration, 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 Planning Commission has reviewed the concept plan, has recommended adoption of the modified concept plan, and has forwarded said plan to the City Council recommending approval subject to conditions; and, WHEREAS, the City Council, after holding a duly noticed public hearing, hereby finds and determines as follows: 1. The proposed concept plan, as conditioned, is consistent with the 1.1 (Very Low Density Residential) and 2.0 (General Open Space) General Plan land use designation and is otherwise consistent with all other Elements of the General Plan. 2. The proposed concept plan, as conditioned, is consistent with the zoning on the property and with all requirements of Title 9 of the Municipal Code (Land Use). NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the Modified Residential Concept Plan subject to the following conditions: 1. Pursuant to Section 9-7.109 of the Municipal Code, Residential Concept Plan approval does not constitute final approval of a project. All further requirements of Title 9 of the Municipal Code must be satisfied for the project to proceed. -1- F 2. If the subject parcel is granted eight additional building permit allocations under Chapter 9-7 0£ the Municipal Code (Residential Growth Management), the processing of composite development plans and subdivision maps shall be required. Composite development plans shall consist of the following: (1) grading, (2) landscaping, and (3) other plans as required by the Director of Community Planning and Development. 3. Equestrian/hiking trail alignments and improvements shall be reviewed and approved by the Equestrian Commission prior to approval of a tentative tract map. 4. Preliminary drainage facility design shall be submitted concurrently with the tentative map application for review and approval by the Planning Commission. 5. Proof of geological and soils stability of all proposed grading and development within the subject parcels shall be submitted to the satisfaction of the City prior to any tentative tract map approval. 6. The Development Constraints Map shall be incorporated into the design of the tentative tract and final maps. CC&Rs shall be prepared and approved as to form by the Director of Community Planning and Development and City Attorney to insure the design restrictions for individual lots by the Development Constraints Map are recorded against the property. 7. The applicant shall irrevocably offer to the City an open space easement over individual lots for that area shown on the concept plan. 8. Composite landscape plans required by Condition No. 2 shall incorporate planting for any manufactured slopes within the OS District. 9. The final grading plan shall be design consistent with the concept plan approval. Final plans to be reviewed and approved by the Director of Community Planning and Development. 10. The private streets shall be designed and constructed in accordance with Section 9-4.103 of the Municipal Code. -2- 11. Water transmission and distribution facilities 5`' shall be designed, constructed, and dedicated in accordance with Section 9-4.109 of the Municipal Code and the requirements of Orange County Water Works District No. 4. Such distribution facilities and appurtenances shall be approved by the County Fire Marshal. 12. All manufactured slopes shall be designed and constructed in accordance with Section 9-3.505 and 9-4.112 of the Municipal Code. 13. Driveways, pedestrian ways, utility undergrounding, street lights, 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. 14. All required fees shall be paid prior to approval of a final map. 15. Developer shall locate, design and construct the master plan drainage facility in accordance with Article 9-4.1 (Design Standards and Requirements) of the Municipal Code and adopted City policy. 16. The emergency access road shall take temporary access to Paseo Establo as per existing easements. Said improvements of the access easement over Lots 6 and 7 of Tract 9373 shall be designed at the minimum width necessary, with an all-weather surface (excluding A.C. pavement). The street light and utility boxes shall be relocated to provide unobstructed access to the emergency easement. A barrier designed consistent with an equestrian environment shall be installed to prevent use of the access road by other than authorized vehicles. The improvement of this segment of the access road should not occur until the first building is under construction for Lots 1-70 of Tract 9786. Design to be approved by the City Engineer. Upon development of the adjacent parcel identified as Parcel "H," Glendale Federal Planned Community, the emergency access easement shall be connected to the street system in Parcel "H." With the connection to Parcel "H," that portion of the emergency access road through Lots 6 and 7 of Tract 9373 shall be vacated. The minimum width shall be 20 feet, with minimum turn radius of 37.5 feet. Any changes in the emergency access road shall be only to upgrade the roadway to a through street design. -3- 4 _ - 5 17. Landscaping shall be installed as follows: (a) Erosion control landscaping for all graded area 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 until all landscaping has been installed and approved by the Department of Community Planning and Development. (c) Landscape planting adjacent to the emergency access road shall be installed at the time of its construction. Said planting shall be designed consistent with the street tree master plan. 18. The developer shall be responsible for adequately installing and maintaining all landscaping and equestrian trails until such maintenance may be assumed by the homeowners association. 19. A homeowners association shall be established for the maintenance of all private streets, emergency access roads, and equestrian trails. A set of CC&Rs shall be submitted for approval by the City Attorney that establishes the duties and responsibilities of the association prior to approval of the final map. 20. The developer shall provide the following additional exhibits and/or documents concurrently with submittal of a tentative tract map addressing the following issues: a. Investigate feasible bonding programs to ensure against slope failure for graded areas within the subdivision; b. A grading program shall be submitted for sequencing grading operations in order to minimize the risk of landslides and/or erosion; C. As a part of the grading program referenced above, a schedule for grading operations shall be submitted that identifies the period for conducting said program such that it would minimize potential effects during periods of inclement weather; and d. Prepare a list of uses and structures which could be permitted within the Open Space District and easements as defined by the concept plan. e. Grading design for Lot 3 shall be evaluated at the time of the tentative tract map submittal. Said design shall be evaluated using the following criteria: (1) Providing a smooth transition between natural and manufactured slopes as much as possible to minimize the impacts on the prominent landform feature; and, (2) Provide for the location of a residential unit, placed in such a manner as to preclude skylighting; and, (3) Design to be evaluated to insure that it would not conflict with the stability of landslide number 2. PASSED, APPROVED AND ADOPTED this 1st day of June , 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, and Mayor Buchheim NOES: None ABSENT: Councilman S wartze E CE F. HEIM, MAYOR ATTEST: P1 =OF - 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. 82-6-1-1 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of June 1 1982 . (SEAL) LZ-4�2- MARY ANN HOVER, CITY CLERK -5- _ __ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) and says: 156 AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes 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 10th day of JUNE r 19.82, she caused to be posted: RESOLUTION NO. 82-6-1-1 being: MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS (GROWTH MANAGEMENT) HIDDEN MOUNTAIN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO APPROVED RESIDENTIAL CONCEPT PLANS FOR GROWTH MANAGEMENT 77-3 (HIDDEN MOUNTAIN) 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. CHECK LIST �/ ORD. NO___.___._ _ HES. NOA-Z__ 0 f o �1 C�72-C%/tls� MARY ANN // (/LTi OVER, City Clerk San Juan Capistrano, California ............. Mayor has signed ............. Clerk has signed ............. City Seal stamped ........... All blanks typed in "Absent.' .... S.'c ktooiC+.�................ "Noes ............. 70.......----...------ ................ ............. Typed in Official Record Book ........ Posted to Classified Ca ds (-7), ............ Copies sent to...YoSk-�3�.�-C' le.. -------------- ---- Legal Publication ordered to be published (date) ----------------------------------- .................. ------- No. ----------..._...----..__..............'---...----- No. Affidavits ........... ............. __....- No. Printed copies required _��.._l�_..---------- Remarks (11r11RlTAeA.t-'--..tA . . ................................ Q.