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Resolution Number 04-07-20-01 ' RESOLUTION NO. 04-07-20-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY F SAN JUAN CAPISTRANO APPROVING VESTING TENTATIVE TRACT 16634 FOR WHISPERING HILLS ESTATES SUBJECTTOCONDITIONS(WHISPERING HILLS)(CDP 04-01) WHEREAS, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612, has filed an application with the City of San Juan Capistrano for approval of a Vesting Tentative Tract Map (VTTM) 16634, a subdivision proposing 155 single family residential lots plus open space lots, on property zoned "PC" Plan ied Community in the southeastern part of the City west of La Pata Avenue and north of the Prima Deschecha landfill, and WHEREAS, Whispering Hills LLC has also filed an application for approval of a Comprehensive Development Plan (CDP 04-01) for the above-identified property, and WHEREAS, the Planning Commission has held duly-noticed public hearings on the preceding VTTM application and has recommended approval, an WHEREAS, the City staff and the City's consulting project m 3nager have prepared ' a detailed staff report on the VTTM to the City Council dated July 20, 2004, and WHEREAS, on July 20, 2004, the City Council held a public hearing and considered the proposed VTTM and associated land use applications for the project, the recommendation of the Planning Commission and other advisory Commissions, and the evidence and arguments submitted by the City staff, the develoer, and all interested parties. A notice of time, place and purpose of the public hearin was duly given and testimony was presented to and considered by the City Council at t e public hearing, and WHEREAS, on May 21, 2002, the City Council certified Final Environmental Impact Report(FEIR)and Findings in accordance with the California nvironmental Quality Act (CEQA) to address the environmental impacts of a similar but ore intensive project on the property. Based on a review of that FEIR, the City's Enviro mental Administrator has determined that the present proposed project qualifies for an EI Addendum pursuant to Section 15164 of the CEQA Guidelines, which Addendum, including an Initial Study of the present project, a new traffic study, an updated Mitigation Monitoring and Reporting Program, and associated other environmental documentation, has been prepared, reviewed by the Planning Commission and City Council, and made available to the public. The Addendum is incorporated by reference as Exhibit B, as if fully set out herein. In addition, the FEIR and Findings are incorporated by reference, as if ully set out herein. All records pertaining to preparation, review, and comment on the FEIR and Addendum are ' retained in the Planning Department of the City of San Juan Capis rano. NOW THEREFORE BE IT RESOLVED, that the City Council bfthe City of San Juan 3P Capistrano hereby makes the following findings and takes the following actions regarding — VTTM 16634: Section 1• Findings Regarding EIR Addendum and Mitigation Monitoring and Reporting Program. 1. The City Council finds that, pursuant to CEQA Guidelines Section 15164, an Addendum to the Final EIR has been prepared because: a. None of the circumstances described in CEQA Guidelines Section 15162 requiring a subsequent EIR have occurred; and b. Minor technical additions in the Addendum help to further explain and refine, rather than substantively alter, the Final EIR; and C. The Addendum does not raise important new issues about significant effects on the environment. 2. The City of San Juan Capistrano exceeded the public notice requirements under Public Resources Code'21092 posting a notice of the availability of the Initial Study and Addendum on the project site and at the Orange County Clerk-Recorder. 3. The City Council has reviewed and considered all environmental documentation and has found that the Addendum properly concludes that all environmental effects and mitigation measures associated with the project are adequately addressed in the Final EIR, and has examined with particular care whether there are any potential effects peculiar to the project, as well as the adequacy of the performance of adopted mitigation measures, all as set forth in the Addendum, and has found that said Addendum is particularly responsive to the actual environmental effects and public comments to date. 4. Section 21166 of CEQA and Section 15162 of the CEQA Guidelines provide that, where an EIR has been prepared, no new EIR need be prepared unless there are changes in the project, its underlying circumstances, or new information, which result in new or more severe impacts than were originally documented in the EIR. 5. The Certified Final EIR prepared by the City of San Juan Capistrano for the Whispering Hills Estates project completely and adequately documents the impacts of the project. 6. The Addendum contains substantial evidence supporting the conclusion that impacts of the project are not new or more severe than those predicted in the Final EIR, and that such evidence has been carefully and independently reviewed by the City of San Juan Capistrano staff responsible for the SF ' accuracy of such evidence. Also, as demonstrated by the Addendum, impacts of the project will be less than the earlier project in many of the topical areas (i.e. aesthetics, grading, air quality, hydrology/water quality, noise, and traffic), as the number of dwelling units hats been reduced. 7. Pursuant to Public Resources Code Section 21083.3, here are no effects on the environment that are peculiar to the project thatwo Id require preparation of a new, subsequent or supplemental EIR. Also, n new information has become available indicating that the impacts and mitigation measures associated with the Project are not adequately addr ssed in the Final EIR. Accordingly, no additional, subsequent, or supple ental EIR need be prepared for the project. Section 2: Findings Regarding Tentative Tract Mai). The City Council finds and determines as follows with regard o Tentative Tract Map 16634: 1. The tentative map, incorporated by reference as Exh bit C as if fully set out herein, together with the provisions for design and improvements and the conditions attached hereto as Exhibit D, are compatitle with the objectives, policies, general land uses and programs specified in he Land Use Element ' of the General Plan of the City of San Juan Capistrar o and the Whispering Hills Estates Comprehensive Development Plan (CDP), in that the land uses provided for in the tentative map, 15 residential lots iq the west canyon and 140 residential lots in the east canyon, plus opspa e, are consistent with the land uses designated on the General Plan Land se Policy Map. 2. The tentative map is consistentwith all other aspects of the General Plan and the Whispering Hills Estates Comprehensive Development Plan with respect to drainage and sanitary facilities and utilities, including all alignments and grades thereof; location and size of all required easerr ents and right-of-way; lot size and configuration; traffic access; grading; arid such other specific requirements in the plan and configuration of the subdivision as may be necessary or convenient to ensure conformity to, ori plementation of, the General Plan and the CDP. 3. The site is physically suitable for the proposed type f development in that it complies with improvement and land use requirements of the General Plan and CDP Specific Plan. 4. The site is physically suitable for the proposed density f development in that the residential density of 0.49 dwelling units per acre i within the maximum ' density of 1.0 DU/acre specified on the Land Use Polic Map and in the CDP. 5. The design of the subdivision and the proposed improements are not likely SP to cause significant environmental damage or substantially and avoidably injure fish or wildlife or other habitat in that the site is not designated as a significant vegetative or wildlife habitat area, and does not contain significant vegetative or wildlife resources in that all potential impacts have been addressed in the Environmental Impact Report and Addendum for the project, mitigation measures have been identified to reduce those impacts to a less-than-significant level, and necessary permits have been issued for the project by relevant state and federal resource agencies, which identify required habitat, wetlands, and other mitigation measures. 6. The design of the subdivision and the types of improvements are not likely to cause serious public health problems in that all potential health impacts have been addressed in the Environmental Impact Report and Addendum for the project, and mitigation measures have been identified to reduce those impacts to a less-than-significant level. 7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivisions in that there are no existing easements acquired by the public at large for access through or use of property within the proposed subdivision. 8. The proposed tentative map, together with the provisions for design and improvements, is consistent with the Subdivision Map Act and the City of San Juan Capistrano's Land Use Code in that the tentative map and required conditions of approval provide for design and improvements consistent with the Subdivision Map Act and the City of San Juan Capistrano's Land Use Code. 9. The proposed tentative map is consistent with the Subdivision Map Act in that it has, to the extent feasible, taken into consideration future passive or natural heating or cooling opportunities. 10. The proposed tentative map, together with the conditions of approval regarding the National Pollutant Discharge Elimination System is consistent with the Subdivision Map Act with regard to water quality. 11. The proposed tentative map is consistent with the Subdivision Map Act in that it has taken into consideration the housing needs of the region balanced with the need for public services. Section 3: City Council Approval. In light of the preceding findings, the City Council hereby: — 1. Determines that, since none of the conditions described in Section 15162 of SF the CEQA Guidelines calling for a new EIR have occurred, and since the information reported in the EIR Addendum dated June 2004, incorporated by reference as TTM-1 as if fully set out herein, does not raise important new issues about the significant effects on the environment, pursuant to Section 15164 of the CEQA Guidelines, the Final EIR and ddendum adequately address the environmental effects and feasible mitigation measures associated with the Project. 2. Adopts the "Statement of Overriding Consideration, ", attached hereto as Exhibit A. The FEIR determined that the pre ent project's similar predecessor, the High School/193 DU Alternative, w uld have a significant unavoidable cumulative impact in the area of air quali . The City Council has balanced this significant adverse environmental impact against environmental benefits and other benefits resulting from approval of the proposed project, which are identified in the Statement of OverridinC Considerations, and hereby finds that the benefits override the identified E dverse environmental impacts. 3. Approves Vesting Tentative Tract Map 16634 dated 2/04, incorporated by reference as Exhibit C as if fully set out herein, subject to the conditions attached hereto as Exhibit D. PASSED, APPROVED AND ADOP D 2this401t" CnofJuly, 2004 JOE 7TO, MA OR ATTEST: DAJ A t k,—'�- ARET R. MONAHAN, CITY CLERK SP STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 04-07-20-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 20th day of July 2004, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart & Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None AR ARET R. MONAHAN, City Clerk SF 1 EXHIBIT A STATEMENT OF OVERRIDING CONST ERATIONS 5P STATEMENT OF OVERRIDING CONSIDERATIONS — WHISPERING HILLS ESTATES A. UNAVOIDABLE IMPACTS IDENTIFIED IN FEIR The Whispering Hills Estates project, like its similar predecessor, the High School/193 DU Alternative addressed in the adopted Final Environmental Impact Report (FEIR), would have a significant unavoidable cumulative impact in the area of air quality, as described in detail in the Statement of Findings and Facts for the FEIR. The FOR identified all feasible mitigation measures with respect to the above impact.Although these mitigation measures may substantially lessen this significant impact, adoption of the measures will not fully avoid the impacts. As a result, to approve the project, the City must make a statement of overriding considerations pursuant to State CEQA Guidelines Sections 15043 and 15093. This statement allows a lead agency to cite a project's general economic, social or other benefits as a justification for choosing to allow the occurrence of specified significant environmental effects that have not been avoided. The statement explains why, in the agency's judgement, the project's benefits outweigh the unavoidable significant effects. B. IDENTIFIED PUBLIC BENEFITS The City, in its review and consideration of the proposed Whispering Hills Estates project, and in consideration of the significant unavoidable cumulative impact in the area of air quality, hereby adopts the following determinations and findings regarding the Unavoidable Adverse Impacts for the following overriding reasons: 1. The project will contribute housing in the City of San Juan Capistrano by the provision of additional residential units. The provision of additional housing is a public benefit of the project. The project will provide housing opportunities that meet the objectives and policies the City's General Plan Housing Element and SCAG's Regional Housing Needs Assessment. Also, with regard to affordable housing opportunities, the project will be required to pay an affordable housing in-lieu fee equal to one percent of the project's building permit valuation. 2. An extensive trail system has been planned in the City's General Plan, including equestrian, multi-use, and bicycle trails. The project provides for implementation of a number of such trails. SP EXHIBIT B ADDENDUM TO ENVIRONMENTAL IMPACT REPORT (Dated June 2004, maintained separately because of bulk) SP 1 EXHIBIT C VESTING TENTATIVE TRACT MAP 16634 (Dated 6/2/04, maintained separately because of bulk) 1 1 SP EXHIBIT D TENTATIVE MAP CONDITIONS OFAPPROVAL 3P DRAFT CONDITIONS OF APPROVAL FOR - TENTATIVE TRACT MAP 16634 A. Legal Defense. The applicant/subdivider, its agents, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA, rezoning approvals, subdivision map approvals, or other applicable City Municipal Code Title 9 land use approvals. Upon notice provided by City to the applicant/subdivider, its agents, or assignees, of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. The applicant/subdivider shall consult with the City Attorney regarding appropriate defense counsel in the event of the filing of such claims or actions. (Ping.) B. Mitigation Monitoring Program. This project shall comply with the Mitigation Monitoring Program adopted in conjunction with the Environmental Impact Report prepared for the project. (Ping.) — C. CDP Zoning Conditions. This project shall comply with the Zoning Conditions specified in Chapter 4 of the current adopted Comprehensive Development Plan for the project. (Ping. & Engr.) D. Annexation. Prior to approval of the first final tract map for the east canyon residential area, the property owned by the applicant/subdivider between the present City boundary and the ultimate right-of-way of La Pata Avenue along the eastern boundary of the high school site and the east canyon residential area shall be annexed to the City, after approval of the necessary General Plan Amendment and prezoning, unless another schedule for annexation is approved by the City Manager. (Ping.) 1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO CITY COUNCIL APPROVAL OF THE FIRST FINAL MAP OR EACH FINAL MAP, AS INDICATED BELOW, OR IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT: 1.1. Access Rights from La Pata Avenue. Prior to approval of the first final tract map in the east canyon residential area or issuance of grading and right-of- way improvement permits, the applicant/subdivider shall demonstrate to the City Engineer that permanent access from La Pata Avenue, as shown on — Tentative Tract 16634, has been granted to the applicant/subdivider by the County of Orange and by the holders of easements on the property SF CONDITIONS OF APPROVAL: VTTM 16634 ' between La Pata Avenue and Tentative Tract 16634. (Engr.) 1.2. Maintenance Road and Barrier— Camino Lacouague. Prior to approval of the first final map, the applicant/subdivider shall submi plans for a 16-foot wide paved maintenance road extending from the pre ent terminus of Camino Lacouague to the high school site and a gate fence or other barrier to control vehicular access to the maintenance road. The plans shall be approved by the City Engineer. Said road and barri r shall be constructed by the applicant/subdivider prior to issuan a of the first residential building permit, other than model homes. A y deviation from these requirements shall be subject to prior City Engin er review and approval. (Ping., Engr.) 1.3. Access to City Open Space Property. Prior to approval of the first final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, improvement plans for a 20-foot wide all-weather road to provide vehicular access between La Pata AVEnue and the City- owned open space property north of the high school site. The plans shall be approved by the City Engineer. Said road shall be dedicated to the City on the final map and shall be constructed by the applican subdivider at no cost ' to the City prior to issuance of the first residential building permit, other than model homes. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (Engr.) 1.4. Park Fees and Private Park. Prior to approval of each final map, the applicant/subdivider shall pay a park fee in accordanc with the provisions of the Municipal Code for the lots in that final map. Th "private park" to be located in the "east canyon" residential area shall be eligible for credit against such in-lieu park fee in an amount equal to ten percent of the value of the land area of said park, based on the City's per-acre land valuation, provided the following conditions are met (Ping., Engr.): a. The precise land area of the private park shall be etermined by the City Engineer prior to approval of the final map co taining the park site. The private park shall be included within the tract s a lettered lot on the final map. Also, if the annexation described in ondition "l)", preceding, does not occur for any reason, the app icant/subdivider shall obtain formal approval from the County of Orange or the private park to be located in County territory as shown on the ten tive map, or the map shall be redesigned to relocate the park in Ci territory. ' b. The private park shall be improved by the applica subdivider prior to issuance of the first building permit in the east ca yon (other than 2 SP CONDITIONS OFAPPROVAL: VTTM 16634 model homes) or prior to City release of the first model home in the east canyon for model home use, whichever event occurs last. These improvements shall be in accordance with final plans which shall be prepared by the applicant/subdivider and approved by the Parks, Recreation and Equestrian Commission, and may consist of but shall not necessarily be limited to: grading, turf, trees, shrubs, groundcover, irrigation, picnic benches and tables, play equipment for young children, and walkways and other hardscape. c. Prior to approval of the applicable final tract map for the east canyon residential area, a minimum six-foot wide pedestrian path shall be shown on the final map from the "E" Street cul-de-sac to the private neighborhood park east of"B" Street. The pathway shall be shown on the precise grading plan and improved by the applicant/subdivider to the satisfaction of the Planning Director per the following schedule: temporary unpaved surfacing prior to issuance of the first building permit for Lots 13 and 14, and final paved surfacing prior to release of performance securities for the east canyon area. d. The applicant/subdivider shall pay to the City the difference between the applicant/subdivider's park fee obligation and the credit given for the preceding private park, as determined by the City in accordance with the Municipal Code. 1.5. Street and Development Names. Prior to approval of each final map, the applicant shall submit to the City's Planning Director for review, and shall obtain approval of, the name of the development or developments and the names of all proposed streets within the tentative tract's boundaries. The Director shall confirm that said development names and street names do not duplicate existing development and street names in the City. All approved street names shall be indicated on the Final Map. (Ping.) 1.6. Compliance with Map Act and Municipal Code. Prior to approval of each final map, the tract/parcel map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. (Engr.) 1.7. Payment of Fees and Posting of Sureties. Prior to approval of each final map the applicant/subdivider shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code, as last revised, the City Water Schedules of Rates and Charges, as last revised, and post securities to insure satisfaction performance of proposed improvements, 3 SF CONDITIONS,OF APPROVAL: VTTM 16634 ' including but not limited to, on-site and off-site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street and all appurtenant improvements. (Engr.) 1.8. Storm Runoff, Hydraulic/hydrology Calculations. Prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a Storm Runoff Management Plan prepared by a Registered Civil Engineer. The Manage ent Plan shall show existing and proposed facilities, provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic an hydrology studies and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Facilities & Resources Department (PF&RD)design criteria, and s andards. (Engr.) 1.9. Soils/Geology. Prior to approval of each final map or rading plan, whichever comes first, the applicant/subdivider shall s bmit to the City Engineer and Building Official for their review, and sh II obtain approval of, a Soils Report/Geotechnical Feasibility Study prepare by a Registered Geologist and Soils Engineer to determine the seismi safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. (Engr.) 1.10. Wastewater Study. Prior to approval of the first final map, the applicant/subdivider shall submit to the City Engineer or review and shall obtain approval of, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with th a City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. Any deviation from these requireme is shall be subject to City Engineer review and approval. (Engr.) 1.11. Grading Plans. Prior to approval of the first final map, he applicant/subdivider shall submit to the Planning Direc or for City review and approval, a mass grading plan for the entire proje t site or separate mass grading plans for the east canyon and west can on areas of the site. Such plan(s) shall be in substantial conformance with he grading concept shown on the approved tentative map. 4 SP CONDITIONS OF APPROVAL: VTTM 16634 Following City approval of the mass grading plan(s), and prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, final grading plans prepared by a Registered Civil Engineer consistent with the approved mass grading plan. These plans shall show, at minimum, the limits of grading, the drainage, retention/detention basins, sewer, water, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended sufficiently beyond the tract's boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage must be conveyed to the street or a City approved drainage facility. All grading plans shall be subject to review by a third-party geotechnical consultant retained by the City to ensure geotechnical stability to the satisfaction of the City Engineer. (Ping. & Engr.) 1.12. Drainage Barrier Between Slopes and Streets. Prior to approval of each final map, the grading and street improvement plans shall show that all street sections located within 20 feet or less from the toe of a slope of 10 feet or more in height are protected from underground water seepage by — provision of a positive drainage barrier system, at the applicant/subdivider's cost, in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (Engr.) 1.13. Erosion & Sediment Control Plans, Using Best Management Practices. Prior to approval of each final map or issuance of grading and right-of-way improvement permits, whichever comes first, the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, Erosion/Sediment Control Plans and programs, prepared by a Registered Civil Engineer, for the regulation and control of pollutant run-off by using Best Management Practices (BMP's). These plans shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices incorporated into Whispering Hills Estates, shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of Sections F.1.b(2)(b) and F.1.b(2)(c) of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2002-0001 and City guidelines and regulations, and 5 SF CONDITIONS OF APPROVAL: VTTM 16634 shall show evidence satisfactory to the City Engineer that a permit has been obtained. (Engr.) 1.14. Runoff Control and Water Quality Management Pror m. a. Prior to issuance of a mass or rough grading permit, the applicant/subdivider shall prepare and submit tot the City Engineer for review, and shall obtain approval of, erosion and Sediment control plans prepared by a registered Civil Engineer. All erosioi and sediment control measures as specified in said approved plans shall be implemented during the mass and rough grading operation to the satisfaction of the City Engineer. b. Prior to issuance of precise grading permit, the ap I'cant/subdivider shall submit to the City Engineer for review, ands all obtain approval of, grading plans, erosion and sediment control pl ns, a Water Quality Management Plan (WQMP), and drainage plans repared by a registered Civil Engineer. 1.15. Drainage Improvement Plans. Prior to approval of eac final map, the applicant/subdivider shall submit to the City Engineer lor review and shall obtain approval of Drainage Improvement Plans specific to the project, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilites. Detention/retention basins shall be designed to accorr modate the 100-year storm flow with engineered secondary overflow devices. A secondary overflow shall be also provided for storm drain system 3 designed with sump conditions to preclude flooding of private properties. A I proposed street catch basins shall be lined with curb inlet filters or equ 31 devices which meet the National Pollutant Discharge Elimination Sys em (NPDES) requirements and the City Engineer. Storm drain junct on structures and catch basins shall be provided with access manholesas deemed necessary by the City Engineer. All drainage must be conveyed to the street or a City approved drainage facility. If an existing downstream drainage facility, whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is inadeq ate or does not meet current City standards or, in the opinion of the City En ineer, is unsafe to properly carry the existing discharge and the propose discharge generated by this project, the applicant/subdivider shall then, at a plicant/subdivider ' cost, design and implement alternative methods of im rovement for properly conveying such discharge, free of debris, in a manner acceptable 6 3P CONDITIONS OFAPPROVAL: VTTM 16634 to the City Engineer. Any deviation from these requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. The base of all slopes over ten feet in height located within 20 feet of a street section or which are adjacent to residential lots shall be provided with toe drains or other drainage devices approved by the City Engineer, in order to prevent water, mud or debris from damaging or flowing onto such streets or lots. (Engr.) 1.16. Public Facility Easements to be in Lettered Lots Maintained by HOA. Prior to approval of each final map, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that public facilities, such as drainage, sewer and water, are designed to be located within the right-of-way. Any deviation shall require prior authorization from the City Engineer. If facilities are proposed in easements, said easements shall be placed in lettered lots and their surfaces shall be maintained by the Homeowner's Association. Any exception shall be subject to review and approval by the City Engineer. (Engr.) _ 1.17. Connection to Public Drains must be Documented and Filed. Prior to approval of each final map, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that any proposed connections to existing public drainage system, from on-site drains, must be approved by the City Engineer. (Engr.) 1.18. Dry Utilities (Electric, Telephone, Cable TV, Gas). Prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, Electrical, Gas, Telephone and Cable Television installation plans to ensure compatibility with existing and proposed improvements. All utility facilities shall be underground. Vaults, transformers, juncture boxes, or any similar devices shall not be permitted above ground. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (Engr.) 1.19. Sewer and Water Plans. Prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, sewer and water plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City standards, specifications and codes, and the City water standards and water specifications. The sewer plans shall include at minimum, a 16-foot wide 7 SF CONDITIONSOF APPROVAL: VTTM 16634 paved maintenance road, extending from the present terminus of Camino Lacouague to the high school site. The sewer plans s all indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant/subdivider's cost to the satisfaction of the City Engineer. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (Engr.) 1.20. Street Improvement Plans. Prior to approval of each fi ial map, the applicant/subdivider shall submit to the City Engineer I or review, and shall obtain approval of, street improvement plans preparec by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including, but not limited to, traffic calming devices, striping, signage, signalization, storm drain, sewer, water and all related appurtenances. The street improvement plans shall conform to the following requirements: (Engr.) a. Major Entry Street. Unless a legal recorded document is provided to the City by the Capistrano Unified School District which permits the general public to utilize "A" Street (extended), fro "D" Street, westerly, up to and including the proposed traffic circle/turn iround, said "A" Street, which begins at La Pata Avenue, shall be designed to terminate with a cul-de-sac. The cul-de-sac shall have a minimum radius of 38 feet if parking is prohibited, and a minimum radius of 46 feet if there is a potential to allow parking any time in the future. "A" Street, between La Pata Avenue and "D" Street, shall have a minimum curb-to-curb width of 64 feet and a landscaped center median. All landscaped areas, including the center median and parkways, shall b maintained by the master homeowners association or the homeown rs association for the East Canyon residential area, and provisions for s ch maintenance shall be provided in the Covenants Conditions & estrictions (CC&R's). Any deviation or exception to this condition shall r quire the City Engineer's review and approval. b. West Canyon Streets. Streets in the "west canyon residential area shall have a sidewalk on the side of the street with homes and a feeder equestrian trail on the other. Width and design det ils shall be approved by the City Engineer, and any deviation from this r quirement shall be subject to prior City Engineer review and approval c. Local Streets. All local streets within the project shall have a minimum curb-to-curb width of 36 feet. d. Catch Basins and Gutters. For street sections with grades less than or 8 SP CONDITIONS OF APPROVAL: VTTM 16634 equal to five percent, the maximum distance between catch basins shall not exceed one 1000 feet. For streets sections with grades greater than five percent, the maximum distance between catch basins shall not exceed 750 feet. Catch basins shall be designed so that there is no driveway within 20 feet upstream of the catch basin and such that the basin will function as anticipated. Cross gutters shall not be allowed at street intersections if a storm drain is within 300 feet. Any deviation shall require the City Engineer's review and approval. e. Design SoeedS for Streets. Street improvement plans shall be designed per City standards. Arterial streets shall be designed for a minimum design speed of 35 miles per hour (mph) and sight distances of 45 mph at all intersections. All other streets shall have design speeds and sight distances of 25 and 35 mph, respectively, and shall be designed to the satisfaction of the City Engineer. e. Sidewalks. Sidewalks shall be provided on both sides of all local residential streets where houses are constructed on both sides, with a landscaped parkway between the sidewalk and the street curb. Where houses are not constructed along one side of a street frontage, a grassy Swale, in compliance with NPDES requirements, shall be — constructed for filtration purposes in lieu of the sidewalk. Any deviation to such standards shall require a special authorization from the City Engineer. f. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk or parkway which reduces the width to less than four feet, in compliance with the American with Disabilities Act (ADA) requirements. g. Potential Gated Entries. Streets that may serve as potential gated entries shall be designed wide enough and in accordance with Municipal Codes 8-13.101 et seq. to accommodate such improvements in conformance with City standards. The minimum number of lanes at the call box, entering into the project, are two with a minimum width of 14 feet each. The minimum number of lanes at the call box, exiting the project, may be one with a minimum width of 16 feet. The design of the radius/turn-around shall be wide enough to handle large turning radius delivery vehicles. The minimum distance, from the projection of the cross-street curb face to the call box shall be a minimum 100 feet. Any deviation to these requirements shall require a special authorization from the City Engineer. h. Street Lights. Street lights shall be provided, with Mission Bell fixtures 9 SP CONDITIONS.OFAPPROVAL: VTTM 16634 on marbelite poles. Any exception or deviation from the above requirements shall be subject to review and approval by the City Engineer. 1.21. Traffic Improvement Plans. Prior to approval of the first final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, traffic improvement plans for all str ets within the subdivision and "A" Street prepared by a Registered Traffic Engineer. These plans shall show the striping, signage, signalize tion and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (Engr.) 1.22. Tentative Map Compliance and Closure Calculations. rior to approval of each final map, the applicant/subdivider shall submit t the City Engineer for review, and shall obtain approval of, a final map in ubstantial compliance with the approved tentative map. Said ma shall be accompanied with traverse closure calculations, a plo ed American Land Title Association (ALTA) survey and an updated Title earch Report. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (Engr.) 1.23. Homeowners Association-Maintained Improvements. Prior to approval of each final map, the applicant/subdivider shall indicate Dn the final map that all improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, the wate quality best management practices identified in the Water Quality Management Plan (WQMP), parks, graded slopes, landscaping, and irrigation facilities within the interior of the subdivision designated as private, shall be maintained by the master association and/or sub-association or shall make other provisions for maintenance to be approved by the City. Graded perimeter slopes, fuel modification areas and natural open spac are shown aggregated as a single lot on the tentative map. To facilitate maintenance and disposition of these categories of open area, graded perimeter slopes and fuel modification areas shall be placed in separate lettered lots from natural open space areas on the final map(s). In additi n, an open space easement covering the entire natural open space area shall be dedicated to the City on the final map(s), at no cost to the City, for preservation of open space with no obligation to the City for maintenance or liability. (Engr.) 1.24. Dedications and Maintenance Responsibility. Prior to pproval of each final map, the applicant/subdivider shall indicate on the fina map, to the 10 SP CONDITIONS OFAPPROVAL: VTTM 16634 satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (Engr.) 1.25. Trail and Bikeway Dedications. Prior to approval of each final map, the applicant/subdivider shall design to City trail standards, improve, and dedicate, at no cost to the City, the trails listed below and shall show the easement dedications on the final map. Any deviation from the trail requirements shall be subject to prior review and approval by the City Engineer. (Engr.) Trails shall be improved and easements dedicated to the City for all public hiking, equestrian and bicycle trails located within parcels belonging to the HOA or within parcels which are privately owned. Trails within existing or proposed City-owned parcels and/or open space do not require separate trail easements. Said dedicated trails shall include: a. A minimum 20-foot wide trail and easement for any General Plan Trail located outside existing or proposed City-owned parcels. b. A minimum 10-foot wide trail and easement from the northwest tract boundary to the existing trail at the present terminus of Avenida La Mancha (Tract 11826). c. A minimum 10-foot wide trail and easement linking the existing trail at the terminus of Avenida La Mancha, to the ridgeline trail extending from Tract 13823 (Juliana Farms). Said easement shall only be required for those trail portions located outside parcels proposed to be City-owned. d. A minimum 10-foot wide feeder trail or trails providing access from all residential lots in the West Canyon area to the City's trail system. e. A minimum 16-foot wide trail and easement from the former (Love) stable on City open space land southward along the eastern boundary of the tract to "A" Street near La Pata Avenue, and from there: (1) westward to the major ridgeline trail, and (2) southward to the Prima Deschecha trail. Said trail shall be routed along the eastern boundary of the high school, crossing the secondary access road to the High School and "A" Street at their intersections with La Pata Avenue. An equestrian-height pedestrian button shall be provided at the intersection of"A" Street and La Pata to allow safe crossing of"A" Street. The westward branch of this trail shall then go west along the south side of "A" Street, cross "D" Street either at its intersection with "A" or "E" _ Streets, and then connect to the existing trail on the ridgeline west of 11 SF CONDITIONS OF APPROVAL: VTTM 16634 ithe east canyon residential area by way of a minimum 10-ft. wide trail adjacent to the SDG&E access road. The southward branch of the trail shall extend southward from "A" Street to the Bout i tract boundary. The City Engineer may modify this condition if he detei mines that construction of the trails as described is infeasible or that other trail connections will serve the same purpose. f. If the City Engineer determines that the trail connections described in "e" preceding cannot be accomplished for any reason, he shall require the following: a minimum 10-foot wide feeder trail and easement extending along the north boundary of the high school site from the emergency access road to the City's stable site. Tie City Engineer may modify or eliminate this condition if he determines that construction of the trail as described is infeasible or that other trai connections will serve the same purpose. The ridgeline equestrian trails shall be made available for public use on Sundays when no grading equipment is active, starting the Sunday after final approval (second reading) of the Comprehensive Development Plan (CDP) ordinance by the City Council. The ridgeline trE ils shall be made ' available for everyday public use immediately after coi npletion of mass grading of the east canyon, as approved by the City E igineer. The applicant/subdivider shall construct all street and rail improvements within the preceding dedications in accordance with th a applicable City Standards and Trail Design Manual or to the satisfaction of the City Engineer, subject to the limitations imposed by outsidE agencies for habitat preservation and/or by mitigation requirements, as approved by the City Engineer. City standard trail fencing shall be installed except as otherwise required by state or federal resource agencies. Also, wire fencing in open space areas may be substituted upon approval by the City Engineer. 1.26. CC & R's. Prior to approval of each final map, the appl cant/subdivider shall submit for review, and shall obtain the approval of, the Planning Director, City Engineer, Public Works Director, and City Attorne , a set of Covenants, Conditions and Restrictions (CC&R's). Said CC&R's s all be recorded with the final map and shall include, but not be limited to, t e following: a. Creation of a Homeowner Association and/or a Su -Association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance responsibility of areas including, but not limited to, all common areas, open space, project entries, slopes, fuel modification zones, private medians and greenbells, private parks, 12 SP CONDITIONS OFAPPROVAL: VTTM 16634 irrigation systems, landscaped areas, walls, driveways, parking areas, structures, private streets, street lights, drainage facilities, and all other areas to be owned and maintained by the Homeowner Association and/or Sub-association. All improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, parks, graded slopes, landscaping, and irrigation facilities within the interior of the subdivision designated as private shall remain private and shall be maintained by the Homeowner Association and/or Sub- association, or shall make other provision for maintenance, as approved by the City Council. (Engr.) b. A statement indicating that the Homeowner Association, or another entity approved by the City, shall be responsible for maintenance of the graded knoll and adjacent slope east of the high school site, unless the Planning Director determines that maintenance will be assumed by the Capistrano Unified School District or another entity. (Ping & Engr.) c. The establishment of setback and height requirements for additions and accessory structures conforming to the development standards of the Comprehensive Development Plan for the project and the San Juan Capistrano Land Use Code. (Ping.) d. A statement indicating that open space (as provided in the lettered lots on the tentative map) shall be retained as indicated on the final map by the Homeowners Association, or other entity approved by the City, as designated open space with no structures allowed in perpetuity and maintained by a Homeowner Association and/or the Sub-association or other entity approved by the City, and that no development or encroachment shall be permitted within the designated open space, except as permitted for the Open Space district in the project's Comprehensive Development Plan. (Ping.) e. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the Planning Director and that, if the Director determines that the amendment affects any project conditions of approval or other City regulations or requirements, the amendment will then require City Council approval prior to the amendment becoming valid. (Ping.) f. Fire prevention and defense provisions including: 1) a fire lane map, if required by the Fire Chief; 2) provisions which prohibit parking in fire lanes and a method of enforcement; 3) provisions for maintenance of fuel modification zones including the removal of all dead and dying 13 SP CONDITIONS OF APPROVAL: VTTM 16634 vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; 4) a method f r keeping fire protection access easements unobstructed; and 5 a requirement for approval of the Fire Chief for modifications such a 3 installation of speed humps or bumps, control gate changes, or parkin changes. (Fire) g. Criteria for maintenance of and prohibition of building construction or ornamental landscaping within private drainage fa ility easements, slopes and fuel modification zones within the project by the HOA (Engr.) h. A Surficial Soil Remediation Program consistent with the Title 9, Chapter 10 of the Municipal Code. (Engr.) i. Provisions for maintenance by the homeowners association of the water quality best management practices identified in the Water Quality Management Plan (WQMP), of all private drainage facilities, including retention/detention basins, that are made a part of the National Pollutant Discharge Elimination System (NPDES) Dermit issued by the City, and for inspection of open channels and catci basins annually. In ' addition, a provision shall be included which estab fishes a separate fund for the sole purpose of maintaining such facil ties. (Engr.) j. A provision that gives the City the right to assume maintenance of any NPDES facilities, if the City determines that the homeowners association has not maintained said facilities in ac ordance with the permit requirements, and that, in such event, the iomeowners association shall be financially responsible to pay Dlity for the costs the City incurs in such maintenance role. (Engr.) k. A provision that requires City approval of any ame dment to the CC&R's that will, in any manner, affect the maintenance, function, or integrity of NPDES facilities. (Engr.) I. A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in comi nce with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program. (Engr.) m. A provision that requires the west canyon lot owners and/or homeowners association to participate in the cost f moving the existing ' entry gate at San Juan Creed Road and Avenida i Mancha further away from San Juan Creek Road, if and when such a gate is 14 SP CONDITIONS OFAPPROVAL: VTTM 16634 constructed. (Engr.) 1.27. Prior to approval of the first final map, the applicant/subdivider shall submit, for review and approval of the Planning Director, a buyer's notification disclosure form to be given to all potential buyers which indicates the existence, operations, characteristics, and/or hazards of the followingiPing.) a. The Prima Deschecha Landfill. b. The United States Marine Corps Base at Camp Pendleton. c. The San Onofre Nuclear Generating Station. d. The Foothill Corridor alternative alignments. e. The future extension of La Pata Avenue. f. The planned non-domestic water reservoir within the project. A place for the buyers' written acknowledgment of these factors shall be provided on the disclosure forms. Copies of forms signed by the buyer shall be provided to the Planning Director or designee within 30 days of the close of escrow. 1.28. Construction Cost Estimates. Prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, an estimate of quantities and construction costs prepared by a Registered Civil Engineer of all proposed improvements associated with this development. Said estimates shall include, but not be limited to, the costs for construction of all street improvements, signing and striping, traffic signals, street lights, on-site and off-site storm drains, water and sewers, landscape, irrigation systems, recreational trails, and the setting of survey monuments and centerline ties. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) 1.29. Bonding and Securities. Prior to approval of each final map, the applicant/subdivider shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated improvement cost, as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for improvements including, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, water, recreational trails, landscaping and irrigation in rights-of-way, private slopes, and open space. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs, as determined by the City Engineer. An additional bond, as determined by the City Engineer and Public Works Director, shall 15 SP CONDITIONS OF APPROVAL: VTTM 16634 be required for street maintenance purposes to insure the conditions of all local residential streets within the subdivision are accE ptable to the City Engineer and to all affected HOA's until the last house is completed. (Engr.) 1.30. Soils Subsidence Remediation Program. Prior to approval of the first final map in each of the two canyons, the applicant/subdivider shall comply with the provisions of the Municipal Code's "Soils Subsider ce Remediation Program" to the satisfaction of the City Engineer. Said program shall include the formation of a Geological Hazard AbatemE nt District, for any catastrophic soil displacement. The program shall also include the incorporation into the Conditions, Covenants and Restrictions (CC&R's) of the Master Homeowners Association or sub-associations, the remediation to surficial soil displacement, as required by separate condition herein. (Engr.) 1.31. Submission of Digital Map. Prior to recordation of each final map, the applicant/subdivider shall submit for review, and shall obtain approval from the Orange County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant/s bdivider shall pay for all cost of said digital submittal, including supplying dic ital copies to the City, of the final County Surveyor approved digital ma in DXF format. In addition, the applicant/subdivider shall provide the City with digitized copies of all improvement (as-built) plans. (Engr.) 1.32. Fair-Share Circulation Improvement Participation. Ina cordance with a schedule in the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall pay for the project's pro-rata share of the cost of he design and construction of the street and intersection improverner is to their ultimate respective widths and configurations in accordance wi h the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way acquisition, base on the proporion of traffic generated by the project, as determined in a City-appy ved traffic study. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer: (Engr.) • Ortega Highway, Via Cordova/Hunt Club Drive to La Pata Avenue: Improvements: Construct an additional eastbound and westbound lane and appurtenances. 1.33. Off-Site Circulation Improvement Requirements. In accordance with a 16 3P CONDITIONS OFAPPROVAL: VTTM 16634 schedule in the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall design and construct and be 100 percent responsible for the cost of the following off-site improvements to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicant/subdivider at no cost to the City. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer (Engr.) • La Pata Avenue and "A" Street, the primary entry roadway for both the high school and the residential area: Improvements: Construct the intersection, to include a traffic signal, two eastbound lanes on "A" Street, and the improvements to La Pata Avenue required by the County of Orange in accordance with Cooperative Agreement No. D03-044. 1.34. Off-Site Circulation Imorovement Requirements Subject to Partial Reimbursement. Except as otherwise set out in accordance with a schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall design and construct and be initially responsible for all the cost of the off-site improvements listed below to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicant/subdivider at no initial cost to the City. The City, upon a written request from the applicant/subdivider, will enter into a reimbursement agreement to partially repay the applicant/subdivider in accordance with the provisions of the Capistrano Circulation Financing Program (CCFP). However, if any improvements identified below are constructed by another party, the applicant/subdivider shall pay for the project's pro-rata share of 17 SP CONDITIONS iOFAPPROVAL: VTTM 16634 the cost of the design and construction of the street, intersection and traffic signal improvements to their ultimate respective width and configurations in accordance with the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way a quisition, base on the proportion of traffic generated by the project, as determined in a City- approved traffic study. The applicant/subdivider shall provide performance b nds/securities for 100 percent of each estimated improvement cost as prep- ed by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any exception to r deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) a. 1-5 Southbound Ramps & Ortega Highway: Improvements: Construct an additional eastbou d right-turn lane. b. 1-5 Northbound Ramps & Ortega Highway: Improvements: Construct an additional lane on the off-ramp. c. Ortega Highway East of 1-5: Improvements: Installation of a signal coordinate n and surveillance system along Ortega Highway fr m 1-5 to La Novia Road. (Video surveillance will provide incident detection and quick removal of problem vehicles.) d. La Pata Avenue Roadway and Antonio Parkway/La Pata & Ortega Highway Intersection: Improvements: Construct improvements as required by the County of Orange in accordance with Cooperative Agreement No. D03-044. WATER INFRASTRUCTURE CONDITIONS: 1.35. Water Improvement Agreement. Prior to approval of a ch final map, the applicant/subdivider shall execute a Water Improvement Agreement with ' the City including a Water Improvement Phasing Plan, shall pay all 18 3P '�, CONDITIONS OF APPROVAL: VTTM 16634 applicable Water Development Charges as last revised, and shall post the required securities in compliance with City water standard specifications. (Water) 1.36. Fire Flow Demands. Prior to approval of each final map, the applicant/subdivider shall obtain from the Orange County Fire Authority (OCFA) the required fire flow demands and fire protection requirements to serve the development within that final map and shall provide evidence of satisfactory fire flow. (Water) 1.37. Dedication of Water Facilities. Prior to approval of each applicable final map, the applicant/subdivider shall dedicate on the final map, at no cost to the City, all public water facilities, water rights and the required easements to the City for project improvements. (Water) 1.38. Sewer and Water Plans. Prior to approval of each final map, the applicant/subdivider shall submit to the City Engineer and the Water Engineering Manager for review, and shall obtain approval of, sewer and water plans prepared by a Registered Civil Engineer. These plans shall include, but shall not be limited to, the following water requirements: (Water) General Issues a. The water main pipelines for both domestic and non-domestic facilities within the tract's street improvements shall have a minimum diameter of 8-inch for looped systems and 12-inch diameter for single source water systems, unless otherwise determined by the Water Engineering Manager. b. All water main pipelines, through open space areas, shall be fully welded steel water mains that are cement mortar lined & coated (CML&C) with a deep well anode and an impressed current cathodic protection or an acceptable alternative corrosion resistant water system as approved by the Water Engineering Manager. c. All water main pipelines shall have a minimum diameter of 12-inch for domestic water and 12-inch for non-domestic water through the open space areas connecting the east and west canyon residential development sites, subject to approval by the applicable resource agencies. If such approval cannot be obtained, an alternate design that serves the same hydraulic function shall be developed d. The applicant/subdivider shall design water main pipelines that are 19 SP CONDITIONS OF APPROVAL: VTTM 16634 ' adequate to provide the required water demand f r domestic and fire protection purposes, and the required water demand for non-domestic irrigation facilities. Domestic Water Improvements e. The applicant/subdivider shall design the following off-site domestic water main connections and pipelines in accordan a with City water standard specifications, unless otherwise determir ed by the Water Engineering Manager: 1) A domestic water main from the 12-inch water main located along the northerly boundary of Tract 13726. 2) A domestic water main from the proposed 24- nch SC04 pipeline In La Pata Avenue up to the proposed school site and extending along the entire south and southwesterly boundary of the school site, 3) A domestic water main from the proposed 24- nch SC04 pipeline along the southerly boundary of tract 16634. 4) A domestic water main connecting the east ar d west canyon areas of the development. f. Emergency pumping connections between the 57 HGL and the 700 HGL pressure zones near the eastern boundary of Tentative Tract 16634. g. The applicant/subdivider shall design all required pressure reducing stations (PRS) and piping in order to serve a range of acceptable water pressure for the domestic water facilities. This shall include, but shall not be limited to, the following: 1) A domestic water PRS between the 760 HGL 3nd 700 HGL pressure zones, or as required, to be located along southerly boundary of the tract, in the area where the pr posed SC04 12" stub out is to be located. 2) A domestic water PRS between 700 HGL and 575 HGL pressure zones, or as required, near the western boundary of the east canyon residential area. 3) A domestic water PRS between 760 HGL and the 575 HGL 20 SP CONDITIONS OFAPPROVAL: VTTM 16634 pressure zones, or as required, to be located near the connection to the proposed SC04 pipeline in La Pata Avenue. Non-Domestic Water Improvements h. The applicant/subdivider shall design the following off-site non-domestic water main connections and pipelines in accordance with City standard specifications, unless otherwise determined by the Water Engineering Manager: 1) A non-domestic water main from the 8-inch non-domestic water main at the west end of Calle Los Elegantes. 2) A non-domestic water main pipeline that shall be extended (stubbed out) to La Pata Avenue for future improvements. 3) A water main pipeline that shall be extended (stubbed out) to the southeasterly boundary of Tentative Tract 16634. i. The applicant/subdivider shall design a reduced pressure principle assembly (RPPA) between the domestic and non-domestic water _ facilities for the areas to be irrigated that are not able to be served by the proposed non-domestic reservoir. The RPPA or RPPA's shall be located near the southeasterly boundary of Tentative Tract 16634. 1.39. Non-Domestic Reservoir. Prior to approval of the first final map, the applicant/subdivider shall enter into an agreement with the City to provide a site for a non-domestic reservoir within the tentative map boundaries. The agreement may include the following provisions: a. Reimbursement and/or fee credit to the applicant/subdivider based on fair market value of the reservoir site. b. Site area and location. c. Grading. d. Mitigation of view impacts, such as partial or complete burial of the tank, berming, tank color, landscaping, etc. e. Access road/easement. f. Reservoir construction routes. The City shall be responsible for processing land use entitlements and environmental approvals for the reservoir. The applicant/subdivider shall not be required to design or build the reservoir. The applicant/subdivider shall — agree to share with City all available site data on proposed reservoir 21 SP CONDITIONS!OF APPROVAL: VTTM 16634 locations, such as environmental, soils, drainage, or ol her studies previously completed for the subdivision, and to COOPE rate with the City to facilitate the property acquisition process without undue delay. The applicant/subdivider shall agree to coordinate constru tion of the reservoir with construction of the subdivision improvements tot the extent feasible and reasonable. (Water & Engr.) FIRE PROTECTION CONDITIONS: 1.40. Secured Fire Protection Agreement. Prior to approval f the first final map, the applicant/subdivider shall submit evidence of a Secured Fire Protection Agreement with the Orange County Fire Authority to rr itigate adverse cumulative impacts of the project on the OCFA. Such an agreement may include participation on a pro rata basis in funding cap tal improvements necessary to establish adequate fire protection facilities to serve the project. (Fire) 1.41. Fire Protection Area Notation. Prior to approval of each final map, the applicant/subdivider shall place a note on the map or site plan meeting the approval of the Fire Chief that all requirements for development and construction within a "Fire Protection Area", including i creased street widths, Class A roof assemblies, fire sprinklers, etc. will be met. (Fire) 1.42. Fuel Modification Plan. Prior to approval of each final rnap, the applicant/subdivider shall obtain approval from the Fire Chief, in consultation with City staff, for a conceptual fuel modif cation plan and program. (Fire) 1.43. Sprinkler Notation. Prior to approval of each final map, the applicant/subdivider shall include a note on the map stating that all residential structures exceeding 5,500 square feet and all structures exceeding fire department access requirements shall tie protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (Fire) 1.44. Traffic Signal Preemption Equipment. Prior to approva of the applicable final maps, as determined by the Fire Chief in consultation with City staff, the subdivider shall enter into an agreement with the County for the installation of traffic signal preemption equipment fort a surrounding controlled intersections. This agreement shall be accompanied by financial security. (Fire) 22 SP ISI CONDITIONS OFAPPROVAL: VTTM 16634 2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMITS SPECIFIED BELOW, OR IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING PLAN: 2.1 Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously-approved permits, a permit shall be required. All improvement work, whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. (Engr.) 2.2 County Approval of La Pata Access and Improvements. Prior to issuance of right-of-way improvement permits for any work within the City's jurisdiction, the applicant/subdivider shall submit to the City Engineer copies of all required encroachment permits and construction authorization issued from the appropriate agencies and property owners affected by the proposed La Pata Avenue improvements and by the construction of the access roads from La Pata, to Tentative Tract 16634. The applicant/subdivider shall also submit to the City Engineer a copy of an executed agreement with the County of Orange for the use of La Pata Avenue as a perpetual access to the project. Said permits and agreement shall be accompanied by County approved street improvement plans for all the work associated with the La Pata Avenue improvements. All submitted documentation and plans shall be subject to review and approval by the City Engineer. (Engr.) 2.3 Mylar of Final Map. Prior to issuance of grading and right-of-way improvement permits subsequent to final map recordation, the applicant/subdivider shall submit to the City Engineer a reproducible copy/mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. the applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (Engr.) 2.4 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a program complying with the requirements of the California Integrated Waste — Management Act of 1989 to reduce construction and demolition debris 23 SP CONDITIONS OF APPROVAL: VTTM 16634 rthrough recycling. (Engr.) 2.5 NPDES Industrial Permit for Grading. Prior to issuance of mass grading and right-of-way improvement permits, the applicant/subdivider shall submit a Notice of Intent (NOI) to the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in a cess of five acres of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (Engr.) 2.6 Grading Access and Haul Route Plan. Prior to issuance of mass grading and right-of-way improvement permits, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain appro al of: (Engr.) a. An on-site plan showing location of the access point, for the earth moving and grading equipments and for workers' vehicles entering and exiting the site. All construction related deliveries and activities shall access the site from La Pata Avenue only b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. 2.7 Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall adhere to the following conditions during the entire grading and construction operation: (Engr.) a. If any drainage problem is anticipated or occurs during construction, the applicant/subdivider shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to insure the durability of the solution b. Any grading work beyond the limits of grading sho n on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. ' 2.8 Construction Phasing and Mitigation Program. Prior to issuance of grading 24 SP CONDITIONS OF APPROVAL: VTTM 16634 and right-of-way improvement permits, the applicant/subdivider shall pay a cash deposit for restoration and cleanup purposes in an amount to be determined by the Building official, and shall prepare and adhere to a Construction Phasing and Mitigation program, approved by the Planning Director and Building Official containing, but not limited to, the following controls: (Engr. & Ping.) a. Grading: 1. Haul route for the movement of on and off-site of heavy earth- moving equipment. 2. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Planning Director and Engineering and Building Director may modify the Construction Phasing and Mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property. 2. The applicant/subdivider shall hire a project enforcement person approved by the Engineering and Building Director to ensure compliance with the Construction Phasing and Mitigation Program. 3. If the City determines that the applicant/subdivider is in violation of the approved construction Phasing and Mitigation program, the Planning Director and/or the Engineering and Building Director are authorized to shut down the project by reason of said violation. 2.9 Caoistrano Circulation Fee Program (CCFP). Except as otherwise set out in accordance with a schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the 25 SP - CONDITIONS!OF APPROVAL: VTTM 16634 applicant/subdivider shall pay fees as required by the CCFP at issuance of building permits. (Engr.) WATER INFRASTRUCTURE CONDITIONS: 2.10 Design of Water Facilities. Prior to approval of grading permits, the applicant/subdivider shall design all domestic and non domestic water facilities in compliance with City water standard speci cations. If a water improvement phasing plan is to be implemented, the hasing plan shall be submitted with the improvement plans to the City Eng neer and Water Engineering Manager for approval. (Water) FIRE PROTECTION CONDITIONS: 2.11 Fire Hydrant Location. Prior to issuance of a precise g ading permit, the applicant/subdivider shall submit a fire hydrant location plan to the Fire Chief for review and approval. (Fire) 2.12 Fire Access Roads. Prior to issuance of a precise grading permit, the applicant/subdivider shall submit and obtain approval of the Fire Chief and City Staff of plans for fire protection access roads to w thin 150 feet of all portions of the exterior of every structure on the site, unless exempted from this requirement by the Fire Chief in consideration oft the provision of alternate measures, such as the installation of fire spririklers. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end street exceeds 150 feet or when otherwise required, a clear) marked fire apparatus access turnaround shall be provided and approved by the Fire Chief (The applicant/subdivider should contact the OCFA at 714-744-0499). (Fire) 2.13 Fire Lanes. Prior to issuance of a precise grading permit, the applicant/subdivider shall submit and obtain approval of the Fire Chief and City Staff of plans for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage, includinc the height, stroke and colors of the lettering and its contrasting background. (Fire) 2.14 Conceptual Fuel Modification Plan. Prior to issuance of a precise grading permit, the applicant/subdivider shall obtain approval from the Fire Chief, in consultation with City staff, for a conceptual fuel modif cation plan and program. The plan shall indicate the proposed means Df modifying vegetation to reduce the risk to structures. (Fire) 26 SP CONDITIONS OFAPPROVAL: VTTM 16634 2.15 Fire Road Access Gates. Prior to issuance of a precise grading permit, the applicant/subdivider shall obtain approval from the Fire Chief for the construction of any gate across required fire access roads. (Fire) 3. THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO ISSUANCE OF RESIDENTIAL BUILDING PERMITS, OR IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING PLAN: 3.1 Affordable Housing Requirement. Prior to issuance of a building permit for the first home within the project (other than model homes), the applicant/subdivider shall meet the development's Affordable Housing requirement by paying to the City an in-lieu fee of 1% of the construction value of all homes within the subdivision. (Ping.) 3.2 Development Plans. Prior to issuance of the first building permit for each development phase, the applicant/subdivider shall submit development plans to the Planning Director for City review and approval. Plans to be reviewed shall be as applicable to the particular development phase under review and, in general, shall include grading plans (unless previously approved by the City), preliminary site and landscape plans, park plans (if _ applicable to the development phase), architectural elevations, wall/fence plans, project entry and gate plans, sample material boards, and other plans as specified by the Planning Director. Landscaping plans shall provide at least one street tree per residential lot in the east canyon residential area. Architectural elevations will not be required for West Canyon homes if the Planning Director confirms that the West Canyon will consist of custom home development only. (Ping.) 3.3 Site for SONGS Warning Siren. Prior to issuance of a building permit for the first home within the project (other than model homes), unless released by the City Engineer, the applicant/subdivider shall design, construct, and dedicate to the City a graded pad for a SONGS warning siren with a minimum usable pad area of 12' x 12', an all-weather access road, and phone and electrical service, at a location within the tract boundaries approved by the City Engineer. This condition may be deleted by the City Engineer if he determines that an alternative site has been provided for the warning siren (Engr.) 3.4 Maintenance Road and Barrier– Camino Lacouague. Prior to issuance of a building permit for the first home within the project (other than model homes), a 16-foot wide paved maintenance road extending from the present terminus of Camino Lacouague to the high school site and a gated fence or other barrier to control vehicular access to the maintenance road — 27 SP CONDITIONSOF APPROVAL: VTTM 16634 shall be constructed by the applicant/subdivider to the satisfaction of and in accordance with plans approved by the City Engineer. (Engr.) 3.5 Access Road to City Ooen Space. Prior to issuance ol a building permit for the first home within the project (other than model hon ies), a 20-foot wide all-weather road to provide vehicular access between a Pata Avenue and the City-owned open space property north of the high 3chool site shall be constructed by the applicant/subdivider to the satisfacl ion of and in accordance with plans approved by the City Engineer. (Engr.) 3.6 Private Park and Pedestrian Pathway. a. The private park in the east canyon shall be impro ed by the applicant/subdivider prior to issuance of the first building permit in the east canyon (other than model homes) or prior to release of the first model home in the east canyon for model home use, whichever event occurs last. These improvements shall be in accordance with final plans which shall be prepared by the applicant/subdivider and approved by the Parks, Recreation and Equestrian Commissio , and may consist of but shall not necessarily be limited to: grading, to , trees, shrubs, groundcover, irrigation, picnic benches and tables play equipment for young children, and walkways and other hardscape. b. A minimum six-foot wide pedestrian path from the "E" Street cul-de-sac to the private neighborhood park east of "B" Stree shall be improved by the applicant/subdivider to the satisfaction of the F lanning Director per the following schedule: temporary unpaved surfac ng prior to issuance of the first building permit for Lots 13 and 14, and incl paved surfacing prior to release of performance securities for the a st canyon area. WATER INFRASTRUCTURE CONDITIONS: 3.7 Completion of Water Facilities. Prior to issuance of building permits for each building phase, the applicant/subdivider shall complete the construction of all domestic and non-domestic water facilities as indic ted in compliance to City water standard specifications, unless otherwise provided in the Water Improvement Phasing Plan. Any exception to, or deviation from this condition shall be subject to review and approval by th Public Works Director. (Water) 28 SP CONDITIONS OF APPROVAL: VTTM 16634 FIRE PROTECTION CONDITIONS: 3.8 Fuel Modification. Prior to the issuance of a building permit, the applicant/subdivider, under the supervision of the Fire Chief, shall complete the portion of the approved fuel modification plan determined to be necessary before the introduction of any combustible materials into the project area. Approval shall be subject to an on-site inspection. (Fire) 3.9 Confirmation Letter. Prior to the issuance of a building permit, the applicant/subdivider shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without Orange County Fire Authority approval obtained as a result of an on-site inspection. (Fire) 3.10 Hazardous Materials. If any hazardous materials are to be used or stored on site, prior to the issuance of a building permit, the applicant/subdivider shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. (Fire) 3.11 Fire Sprinklers. Prior to the issuance of a building permit, the applicant/subdivider shall submit plans for any required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. (Fire) 4. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 4.1 Filing of Property Corner Survey Records. Prior to issuance of a certificate of occupancy for the first home within the project (other than model homes), the applicant/subdivider's surveyor shall file the appropriate property corner survey records with the County Surveyor and show written confirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (Engr.) 4.2 Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the first home within the project (other than model homes), the applicant/subdivider shall complete, to the satisfaction of the City Engineer, all facility improvements required of this development and necessary to serve the development in accordance with the City approved Construction Phasing and Mitigation Program, the approved plan, and approved exceptions (Engr.) 29 SF _ T CONDITIONS!OF APPROVAL: VTTM 16634 4.3 Installation of Landscaping. Prior to issuance of a certi icate of occupancy for the first home within each development phase (oth r than model homes), the applicant/subdivider shall submit a letter t the Planning Director, signed by a Registered Landscape Architect, stating that all materials for all landscaped areas have been installed in accordance with the approved plans for each development phase, and shall demonstrate to the satisfaction of the Planning Director that all landsc 3ped areas have been landscaped per the approved landscape plans. (:'Ing.) FIRE PROTECTION CONDITIONS: _ 4.4 Hydrant "Blue Dots". Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall install blue reflective pavement markers on streets, as approved by the Fire Chief, to mark the location of all fire hydrants. (Fire) 4.5 Completion of Fuel Modification. Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall implement and complete the fuel modification plan under the supervision of the Fire Chief with an approved plant pallet. The fuel modification zones sha I be subject to triennial inspections. (Fire) 4.6 Completion of Sprinkler System. Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall demons rate that any required sprinkler system is operational in a manner eeting the approval of the Fire Chief. (Fire) 5. THE FOLLOWING CONDITIONS SHALL BE SATISFIE PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE F PERFORMANCE SECURITIES 5.1 Provide As-Built Mylars. Prior to acceptance of the wo ks of improvements and release of performance securities, the applicant/stjbdivider shall submit to the City Engineer for review, and shall obtain approval of, the reproducible "as-built" mylar plans of all on-site and off-site improvement works completed and accepted. Said plans shall be prepared by a Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies of all as-built plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards' . (Engr.) 30 SP CONDITIONS OFAPPROVAL: VTTM 16634 5.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a videotape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The videotape shall become the property of the City. (Engr.) 5.3 Monumentation and Corner Records. Prior to acceptance of improvements and release of performance securities, the applicant/subdivider's surveyor shall set all required monumentation and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (Engr.) 5.4 Prior to acceptance of improvements and release of performance securities, the minimum six-foot wide pedestrian path from the "E" Street cul-de-sac to the private neighborhood park east of "B" Street shall be paved. WATER INFRASTRUCTURE CONDITIONS: 5.5 Mylar Record Drawings. Prior to the acceptance of water improvements and release of performance securities, the applicant shall submit to the City Engineer and the Water Engineering Manager for review, and shall obtain approval of, reproducible "record drawing" mylar plans that call out any deviations from the approved signed plans of all the domestic water system, non-domestic water system, and the landscape irrigation system. These record drawings shall also be submitted to the City in digital format in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". (Water & Engr.) 31 SP