Resolution Number 82-11-2-4RESOLUTION NO. 82-11-2-4
TENTATIVE TRACT 11832 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11832 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 11832, proposing to subdivide
approximately 247± acres of land into 92 residential lots which
would provide for 283 residential units, three research and
development parcels, and several lettered common lots on
Assessor's Parcel Nos. 675-081-10 and 124-110-63, 124-110-49, and
124-110-03; 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.
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3 02 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 11832 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.
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).
(c) That provisions shall be made within the
CC&Rs which incorporate the provisions of the
City's regulations regarding color and
reflectivity for prospective units to be
constructed within the tract boundaries.
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.
Approval shall be based, in part, from City staff
determination as to whether final grades for
Window Hill will result in any proposed structure
extending above the level of the proposed berm
along the northwest side of Avenida Calita,
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measured from the nearest horizontal distance.
Ultimate approval shall be dependent on a Planning
Commission determination that all prior
representations as to views and aesthetics have
been satisfied.
4. Architecture: Final architectural elevations for
Window Hill shall be approved by the Department 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 Department of
Community Planning and Development consistent with
the approved Residential Concept Plans and the
following modifications:
(a) The large buttress fill slope on the north
face of Window Hill shall be hydroseeded with
a native grass and wildflower mix. A
temporary irrigation shall be installed to
provide for plant establishment.
(b) Entry monument wall shall have a maximum
height of six feet.
(c) A landscape plan and encroachment permits
obtained through Caltrans shall be prepared
for the area adjacent to Interstate 5 and the
two research and development sites. Said
plan shall be approved by Community Planning
and Development. The plan shall provide for
an adequate opaque plant screen for
Interstate 5.
6. Landscaping Installation: Landscaping shall be
installed as follows:
(a) Erosion control landscaping for all graded
areas shall be installed immediately after
the certification of rough grading by the
City. In addition, boundary landscaping
adjacent to Interstate 5 shall be installed
at the conclusion of rough grading.
(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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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. In addition, the homeowners'
association shall be responsible for all landscape
maintenance of the public right-of-way within the
tract boundary.
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
Eo 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) Valle Road (extended) from existing Valle
Road to Camino Las Ramblas.
(b) Avenida Calita from Valle Road (extended) to
the tract boundary.
(c) Streets "A," "B" and "E."
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 "C," "D" and "F -M."
(b) Streets "I -M" shall have a minimum grade of
1.0 percent.
12. Street "E": Street "E" shall be relocated outside
the existing right-of-way for Interstate 5.
13. 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) All water facilities necessary for serving
this tract will be provided by the developer
and dedicated to the District.
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(b) 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.
(c) Location of the proposed reservoir to serve
this tract is dependent upon suitable
geological and soils investigation and the
approval of the District.
(d) The proposed reservoir shall be below ground.
(e) Electrical power shall be provided for
operating the booster pump at the proposed
reservoir.
14. 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.
(c) Prior to the completion of an application for
building permits on any portion of the map
served by private streets not shown on the
map, a site plan showing building locations
and private drive arrangement shall be
approved by the Fire Marshal.
(d) Prior to the recordation of a final tract
map, a construction phasing plan shall be
approved by the Fire Marshal. The purpose of
this review is to evaluate the adequacy of
emergency vehicle access for the number of
dwelling units served.
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(e) 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.
(f) Prior to recordation of the map, a fire
protection access easement, continuous with
the travelway for the private drives as shown
on the approved map, shall be dedicated to
the County of Orange. The CC&Rs shall
contain provisions which prohibit
obstructions within the fire protection
access easement and also require Fire
Marshal approval for any modifications such
as speed bumps, control gates, or changes in
parking plan within said easement.
(g) Prior to the completion of an application for
any building permits on lots 9, 45, 46, 53,
54, 55, 59, 62, 64, and 78, plans for a
residential, automatic fire extinguishing
system shall be approved by the Fire Marshal.
Such systems shall be operational prior to
the issuance of a certificate of use and
occupancy.
(h) Prior to recordation of the map, construction
details for any controlled entry access shall
be approved by the Fire Marshal. These
details will include width, clear height, and
means of emergency vehicle override.
(i) All structures (including barns, gazebos, hay
or feed sheds and/or commercial) must have a
minimum of 50 feet of vegetation clearance,
either to mineral soil or by irrigated
greenbelt. Greater width is more desirable
where structures are above flammable
vegetation.
15. 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.
16. Valle Road Extension: The developers shall
participate in the extension of Valle Road from
San Juan Creek Road to Camino Las Ramblas (1984).
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17. Street "A" Extension: Developer shall participate
in the extension and improvement of street "A"
through lot "H" of Tract 11648 and the "Mesa" to
its intersection with La Novia.
18. Bikeway and Equestrian/Hiking Trail System:
Developer shall dedicate and improve the General
Plan bikeway system as shown on the tract map and
the equestrian/hiking trail system as shown on the
tract map as a public use easement.
19. Traffic Signals: The developer shall enter into
an agreement to participate in the installation of
traffic signals at the intersections of Valle Road
at La Novia Avenue (extended), Valle Road
(extended) and Camino Las Ramblas, Valle Road at
San Juan Creek Road, and San Juan Creek Road at
Camino Capistrano.
20. 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.
21. Garage Door Openers: Automatic garage door
openers shall be installed for all garage units
located in lots 89-95 (Window Hill).
22. Community Park Improvements: The developer shall
enter into an agreement for participation in the
phased improvements of the community park and
neighborhood parks located in Tracts 11648 and
11587. 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 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.
23. Construction Impact Program: The following
construction impact program shall be implemented
in conjunction with Tentative Tract 11832:
(a) All construction equipment and traffic for
the Valley and Window Hill area shall be
restricted to the use of Valle Road
(extended). All construction traffic shall
be prohibited from the use of Camino Las
Ramblas easterly of Via California. No
construction traffic shall use Avenida Calita
except within the tract boundaries.
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(b) Upon completion of rough grading, all
manufactured slope areas and buildable areas
for subsequent phases shall be landscaped per
approved plans.
(c) Construction phasing shall insure that
construction traffic is not routed through
completed neighborhood clusters (Window
Hill).
24. 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.
25. Fees: All required fees shall be paid prior to
approval of a final map.
26. Open Space Preservation: The following shall be
dedicated to the City prior to final map.
(a) Open space easement for those portions of
lots 86, 87 and 88 shown to remain in a
natural configuration.
(b) Open space easement on the knoll area for lot
75 that will restrict residential development
to that area between the 300' elevation on
lot 75 and lots 83-85.
(c) Open space easement over lots B and C.
(d) Fee dedication of lot A, with a landscape
maintenance easement to the homeowners'
association of all manufactured slopes and
street right-of-way.
27. School Fees: School fees per Ordinance No. 454
shall be paid at the time of building permit
issuance.
28. Development Matrix (Valley): A three-dimensional
development matrix shall be reviewed and approved
for lots 1-85. The matrix shall include
provisions for setbacks, heights, and grading
concepts as a means to insure that no additional
padding of lots other than that shown on the tract
map would occur. Said matrix to be approved
following a Public Hearing by the Planning
Commission prior to the final map.
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.
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30. Reimbursement Agreements: The applicant may4t'�r"o
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. Street Lights: A lighting program shall be
developed for the project and reviewed by the City
Council prior to the issuance of building permits.
32. Street Design: Where road sections employing
shoulders are to be used, the City Engineer may
delete the paving of the shoulders upon the
determination that erosion damage would not occur.
33. Assessment District 80-2: The developer shall
enter into an agreement with the City to construct
the storm drain facilities and grading necessary
to commence Assessment District 80-2. Said
agreement shall conform to the approved Debt Limit
report for Assessment District 80-2.
34. Sewer Line Easement: The applicant shall
irrevocably offer a 20 -foot -wide sewer line
easement between lots 31 and 32.
35. Equestrian/Hiking and Bikeway Trail Improvements:
The applicant shall improve and dedicate all
General Plan equestrian/hiking trails to the City
as public use easements, as shown on the tract
map; and, shall improve and dedicate all General
Plan bikeway trails to the City as shown on the
tract map. An irrevocable offer of dedication for
equestrian feeder trails shall be made with the
final map as public use easements. Final design
and alignment of equestrian trails shall be
approved by the Equestrian Commission prior to
final map approval.
36. Building Elevations (Avenida Calita): The unit 1
building elevation shall be located adjacent to
Avenida Calita for lots 93, 94 and 95.
37. Soil Test Pit Restoration: The applicant shall
restore all soil test pits and access roads
located outside the area shown to be graded prior
to issuance of any grading permits.
38. Project Entry Design: The final map shall
incorporate the entry design treatments for
streets "A" and "C" as shown on the Composite
Development Plans.
39. Tree Removal: All trees shall be preserved within
the tract boundary with the exception of those
trees located in the graded portion of lots 86 and
87 (as revised).
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40. Fish and Game Permits: Prior to any grading
permits being issued, a valid permit from the
California Department of Fish and Game shall be
obtained.
41. Slope Stability Disclosure (Lot A): The applicant
shall prepare a disclosure document to be provided
to prospective property owners of lots 1-17,
51-67, and 76-85, stating that the natural slope
area located within lot A may be susceptible to
superficial and deep-seated slides. Said
disclosure statement to be reviewed and approved by
the City Attorney prior to final map recordation.
PASSED, APPROVED AND ADOPTED this 2nd day of
November , 1982 , by the following vote, to wit:
AYES: Councilmen Friess, Hausdorfer, Bland,
Schwartze, and Mayor Buchheim
NOES: None
ABSENT:None
ATTEST:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
7
\ XAWRLENCE F. HEIM, MAYOR
ss.
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. 82-11-2-4 , adopted by
the City Council of the City of San JuanCapistrano, California,
at a regular meeting thereof held on the 2nd day of
November . 1982
(SEAL) i I A
MARY ANN 1IVOVER, Cj.T,Y CLERK
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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 16th day of Nrn amhor 14A�
she caused to be posted:
RESOLUTION NO. 82-11-2-4
being: TENTATIVE TRACT 11832 (AROSA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 11832 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.
CHECK LIST
ORD. NO .... . RES. NOi.L-//-.l
Mayor has signed
..._...�... Clerk has signed
.. City Seal stamped
_....._ All blanks typed in
"Absent.' ........... $---------------
--- .... _.....
"Noes" .._...... z��--------------------------
_..... Typed in Official Record Book
........ Posted to Classified Cards
............ Copies sent '..._--.,�--..
_��..:. Legal Publication ordered to
be published
(date) ........................... ....
........................
No. Affidavits ... ......................
----..................
No, Printed copies required ..............
Remarks................................................--------------- ..........
mo
MARY ANN; OVER, CITY CLERK
MARY
San Juan Capistrano, California
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