Resolution Number 09-06-02-02RESOLUTION NO. 09-06-02-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONDITIONALLY APPROVING
MODIFICATION #1 TO VESTING TENTATIVE TRACT MAP 16634, A
RECORDED SUBDIVISION MAP FOR THE DEVELOPMENT OF 155
SINGLE-FAMILY DETACHED (SFD) HOMES WITHIN A 404 -ACRE
PLANNED COMMUNITY (WHISPERING HILLS ESTATES)(RANCHO SAN
JUAN DEVELOPMENT, LLC)
WHEREAS, Woodbridge Homes has requested approval of a modification to the
subject Vesting Tentative Tract Map (TTM) including revisions to the timing of certain
conditions of approval related to the construction of park improvements and the
construction of water infrastructure improvements; and,
WHEREAS, the City Council previously conditionally approved Vesting Tentative
Tract Map (VTTM) 16634 on July 20, 2004, a subdivision for 155 single family residential
lots and open space lots, on property zoned "PC" (Planned Community) and located to the
west of La Pata Avenue and about 7,600 feet south of Ortega Highway; and,
WHEREAS, on May 21, 2002, the City Council certified a Final Environmental
Impact Report (FEIR) and Findings in accordance with the California Environmental Quality
Act (CEQA) to address the potentially significant environmental impacts of the Whispering
Hills Estates project; and on July 20, 2004, certified an Addendum to the 2002 Final
Environmental Impact Report (EIR); and all potentially significant impacts have been fully
disclosed and adequately addressed by the prior Final Environmental Impact Report (EIR)
and Addendum; and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and determined that the
project qualifies for a Notice of Exemption (NOE), which will be posted pursuant to Section
15061(d) of the CEQA Guidelines which provides that "the notice shall not be filed with
OPR or the county clerk until the project has been approved;" and,
WHEREAS, on April 14 and May 12, 2009, the Planning Commission held duly -
noticed public hearings to consider and take public testimony on the proposed project and
on May 12, forwarded the project to the City Council with a recommendation of approval
subject to revisions; and,
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby makes the following findings with respect to the proposed
Modification to Vesting Tentative Tract Map 16634-
I The proposed modifications to the tentative tract map, together with the
provisions for design and improvements and the conditions of approval
attached hereto as Exhibit A, are consistent with the goals, policies, and
objectives of the General Plan Land Use Element and the Whispering Hills
Estates Comprehensive Development Plan (CDP), because the modification
does not include changes to the number of approved lots, area of residential
development, nor area of open space and the proposed relocation of the
private park is consistent with the General Plan Land Use Policy Map land
use designation.
2. The proposed modifications to the tentative tract map are consistent with all
other aspects of the General Plan and the Whispering Hills Estates
Comprehensive Development Plan (CDP) with respect to drainage and
sanitary facilities and utilities, including all alignments and grades thereof;
location and size of all required easements and right-of-way; lot size and
configuration; traffic access; grading; and such other specific requirements in
the plan and configuration of the subdivision as may be necessary or
convenient to ensure conformity to, or implementation of, the General Plan
and the CDP.
3. The site has previously been determined to be physically suitable for the
proposed type of development in that it complies with improvement and land
use requirements of the General Plan and CDP Specific Plan.
4. The site has previously been determined to be physically suitable for the
proposed density of development in that the residential density of 0.49
dwelling units per acre is within the maximum density of 1.0 dwelling unit/acre
specified on the Land Use Policy Map and by the CDP.
5. The proposed modifications to the tentative tract map are not likely 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 wildlife habitat
area, and does not contain significant wildlife resources and furthermore, all
potential impacts have been addressed in the previously -certified
Environmental Impact Report and Addendum for the project.
6. The proposed modifications to the tentative tract map 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.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano hereby approves modifications to Vesting Tentative Tract Map 16634 subject to
the conditions of approval attached hereto and incorporated herein as Exhibit A, and
revised to provide that the Park In -Lieu Fee/"Private Neighborhood Park" requirements
shall be revised to provide that the "private neighborhood park" shall be built at the
designated location within Lettered Lot "F" and Via Granada Road shall be constructed to
provide homeowner access to the "private neighborhood park" upon issuance of Certificate
F41
of Occupancy for the 20th home, and the Housing In -Lieu fees required of the Project shall
be determined by the City's current ordinance and may be satisfied through the payment of
monies and/or the dedication of land within the Whispering Hills Estates -Rancho San Juan
Planned Community suitable to accommodate workforce housing.
PASSED, APPROVED AND ADOPTED this 2nd day of June2009
NIELSEN, MAYOR
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. 09-06-02-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2nd day
of June 2009, by the following vote:
AYES': UNCIL MEMBERS:
NOBS: - COUNCIL MEMBER:
ABSENT. COUNCIL MEMBER:
,tCity
Allevato, Freese, Hribar, and Mayor Nielsen
Uso
None
3
W:t.I1:1I1 dy-ly
CC RESOLUTION # 09-06-02-02
[Ole] ,ID1ii11Lfl21brsly=T 191Tl1l
PROJECT LOG #. Tentative Tract Map (TTM) 16634, Modification #1
PROJECT NAME: Whispering Hills Estates
APPROVAL DATE: June 2, 2009
These conditions of approval apply to the above -referenced project application described in more
detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval.
GENERAL CONDITIONS:
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. (CD)
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. (CD)
C. CDP Zoning Conditions. This project shall complywith the Zoning Conditions specified
in Chapter 4 of the current adopted Comprehensive Development Plan for the project.
(CD & PW)
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. (CD)
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:
ENGINEERING CONDITIONS:
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
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Whispering Hills Estates Page 2 of 27
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 between La Pata Avenue and Tentative Tract 16634.
(PW.)
1.2 Maintenance Road and Barrier (@- Camino Lacouague. Prior to approval of the first
final map, the applicant/subdivider shall submit plans for 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. The plans shall be approved by the City Engineer. Said road and
barrier shall be constructed by the applicant/subdivider 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. (CD, PW.)
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
applicant/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. (PW.)
1.4 Park In -lieu Fees and Private Park. Prior to approval of each final map, the
applicant/subdivider shall pay a parr in -lieu fee in accordance with the provisions of
Section 9-4.519, Parkland and Section 9-5.107, Parkland in -lieu fee of the Municipal
Code for the lots in that final map. In addition, the applicant/subdivider shall provide for
the future development of a "private neighborhood park" located in Parcel "F" of the
,east canyon" residential area as approved by the City Council and subject to the
following conditions (CD, PW.):
a. The precise location of the private park shall be determined by the City Council -
approved modification to the Tentative Tract Map (TTM). The private park shall be
maintained within lettered Lot "F" on the final map.
b. The private park shall be improved by the applicant/subdivider at the issuance of
the twentieth (20th) occupancy permit in the east canyon (other than model
homes). These improvements shall be in accordance with final plans which shall
be prepared by the applicant/subdivider and approved by the Community
Development Director and may consist of passive and active improvements
including, but not limited to grading, turf, trees, shrubs, groundcover, irrigation,
picnic benches and tables, play equipment for young children, and walkways and
other hardscape. Furthermore, in conjunction with the construction of the "private
neighborhood park" improvements, the applicant/subdivider shall construct that
portion of Via Granada between the pedestrian pathway (linking Via Zamora to Via
Granada) and the "private neighborhood park" so as to provide pedestrian access
from the 1" phase of home development on the East Canyon.
c. Prior to approval of the applicable final tract map for the east canyon residential
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area, a minimum six-foot wide pedestrian path shall be shown on the final map
connecting Via Zamora to Via Granada. The pathway shall be shown on the
precise grading plan and constructed by the applicant/subdividerto the satisfaction
of the Community Development Director at the issuance of the twentieth (20"')
occupancy permit in the East Canyon .
1.5 Street and Development Names. Prior to approval of each final map, the applicant
shall submit to the City's Community Development 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. (CD)
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. (PW.)
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, 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. (PW.)
1.8 Storm Runoff Hy draulic/hy, rology 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 Management Plan shall show existing and proposed facilities, provide
for acceptance of historic drainage from adjacent upstream properties, show hydraulic
and 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 standards. (PW.)
_ 1.9 SoilslGeo[oc y. Prior to approval of each final map or grading plan, whichever comes
first, the applicant/subdivider shall submit to the City Engineer and Building Official for
their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility Study
prepared by a Registered Geologist and Soils Engineer to determine the seismic
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. (PW.)
_ 1.10 Wastewater Study. Prior to approval of the first final map, the applicant/subdivider
shall submit to the City Engineer for review and shall obtain approval of, a Wastewater
Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the
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proposed development project and mitigates its anticipated impact on the existing
Wastewater facilities system. Said study shall be consistent with the City's MasterPlan
of Wastewater Facilities and the Special Provisions for the Construction of Sanitary
Sewers. Any deviation from these requirements shall be subject to City Engineer
review and approval. (PW.)
_ 1.11 Grading Plans. Prior to approval of the first final map, the applicant/subdivider shall
submit to the Community Development Director for City review and approval, a mass
grading plan for the entire project site or separate mass grading plans for the east
canyon and west canyon areas of the site. Such plan(s) shall be in substantial
conformance with the grading concept shown on the approved tentative map.
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. (CD & PW.)
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. (PW.)
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 (BMPs). 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 FA.b(2)(b) and FA.b(2)(c) of California Regional Water
Quality Control Board (San Diego Region) Order No. R9-2002-0001 and City
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guidelines and regulations, and shall show evidence satisfactory to the City Engineer
that a permit has been obtained. (PW.)
1.14 Runoff Control and Water Quality Management Program.
a. Prior to issuance of a mass or rough grading permit, the applicant/subdivider shall
prepare and submit to the City Engineer for review, and shall obtain approval of,
erosion and sediment control plans prepared by a registered Civil Engineer. All
erosion 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 applicant/subdivider shall submit to
the City Engineer for review, and shall obtain approval of, grading plans, erosion
and sediment control plans, a Water Quality Management Plan (WQMP), and
drainage plans prepared by a registered Civil Engineer.
1.15 Drainage Improvement Plans. Prior to approval of each final map, the
applicant/subdivider shall submit to the City Engineer for 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 facilities.
Detention/retention basins shall be designed to accommodate the 100 -year storm flow
with engineered secondary overflow devices. A secondary overflow shall be also
provided for storm drain systems designed with sump conditions to preclude flooding
of private properties. All proposed street catch basins shall be lined with curb inlet
filters or equal devices which meet the National Pollutant Discharge Elimination
System (NPDES) requirements and the City Engineer. Storm drain junction structures
and catch basins shall be provided with access manholes as 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 inadequate or does not meet current City
standards or, in the opinion of the City Engineer, is unsafe to properly carry the
existing discharge and the proposed discharge generated by this project, the
applicant/subdivider shall then, at applicant/subdivider cost, design and implement
alternative methods of improvement for properly conveying such discharge, free of
debris, in a manner acceptable 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. (PW.)
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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. (PW.)
1.17 Connection to Public Drains must be Documented and I=fled. Priorto 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. (PW.)
1.18 Dry Utilities (Electric, Telephone, Cable TV, Gast 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. (PW.)
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 paved
maintenance road, extending from the present terminus of Camino Lacouague to the
high school site. The sewer plans shall 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. (PW.)
1.20 Street Improvement Plans. Prior to approval of each final map, the
applicant/subdivider shall submit to the City Engineer for review, and shall obtain
approval of, street improvement plans prepared by 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: (PW.)
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), from "D" Street, westerly, up to and including the proposed
traffic circle/turnaround, 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
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landscaped center median. All landscaped areas, including the center median and
parkways, shall be maintained by the master homeowners association or the
homeowners association for the East Canyon residential area, and provisions for
such maintenance shall be provided in the Covenants Conditions & Restrictions
(CC&Rs). Any deviation or exception to this condition shall require the City
Engineers 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 details shall be approved by the City Engineer, and any
deviation from this requirement 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 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 Speeds 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.
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.
g. 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.
h. 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, is 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
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to the call box shall be a minimum 100 feet. Any deviation to these requirements
shall require a special authorization from the City Engineer.
i. Street Lights. Street lights shall be provided, with Mission Bell fixtures 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
applicantisubdivider shall submit to the City Engineer for review, and shall obtain
approval of, traffic improvement plans for all streets within the subdivision and "A"
Street prepared by a Registered Traffic Engineer. These plans shall show the striping,
signage, signalization 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. (PW.)
1.22 Tentative Map Compliance and Closure 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 final map in substantial compliance with the approved tentative
map. Said map shall be accompanied with traverse closure calculations, a plotted
American Land Title Association (ALTA) survey and an updated Title Search Report.
Any exception or deviation to the above requirements shall be subject to review and
approval by the City Engineer. (PW.)
1.23 Homeowners Association -Maintained Improvements. Prior to approval of each final
map, the applicant/subdivider shall indicate on the final map that all improvements,
including but not limited to, streets, drainage, street lights, street signage, striping
improvements, the water 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 space 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 addition, 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. (PW.)
1.24 Dedications and Maintenance Responsibility Prior to approval of each final map, the
applicant/subdivider shall indicate on the final map, to the satisfaction of the City
Engineer, all appropriate dedication and access rights, stating their purposes and their
maintenance responsibilities. (PW.)
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. (PW.)
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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 -font 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 Deshecha 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 the east canyon residential area byway 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 south tract boundary. The City
Engineer may modify this condition if he determines that construction of the trails
as described is infeasible or that other trail connections will serve the same
purpose.
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. The City Engineer may modify or eliminate this condition if he
determines that construction of the trail as described is infeasible or that other trail
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 trails shall be made available for everyday public use
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immediately after completion of mass grading of the east canyon, as approved by the
City Engineer.
The applicant/subdivider shall construct all street and trail improvements within the
preceding dedications in accordance with the 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&Rs. Prior to approval of each final map, the applicant/subdivider shall submit for
review, and shall obtain the approval of, the Community Development Director, City
Engineer, Public Works Director, and City Attorney, a set of Covenants, Conditions
and Restrictions (CC&Rs). Said CC&Rs shall be recorded with the final map and shall
include, but not be limited to, the following:
a. Creation of a Homeowner Association and/or a Sub -Association forthe 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
greenbelts, private parks, 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. (PW.)
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 Community Development
Director determines that maintenance will be assumed by the Capistrano Unified
School District or another entity. (CD & PW.)
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.
(CD)
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
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Comprehensive Development Plan. (CD)
e. A statement indicating that proposed amendments to any of the CC&Rs shall be
submitted for review to the Community Development 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. (CD)
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 vegetation and the inspection and correction of
any deficiencies in the irrigation system three times a year; 4) a method for
keeping fire protection access easements unobstructed; and 5) a requirement for
approval of the Fire Chief for modifications such as installation of speed humps or
bumps, control gate changes, or parking changes. (Fire)
g. Criteria for maintenance of and prohibition of building construction or ornamental
landscaping within private drainage facility easements, slopes and fuel
modification zones within the project by the HOA (PW)
h. A Surficial Soil Remediation Program consistent with the Title 9, Chapter 10 of the
Municipal Code. (PW)
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 pari of the National Pollutant Discharge Elimination System (NPDES)
permit issued by the City, and for inspection of open channels and catch basins
annually. In addition, a provision shall be included which. establishes a separate
fund for the sole purpose of maintaining such facilities. (PW.)
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 accordance with the permit requirements, and that, in
such event, the homeowners association shall be financially responsible to pay
City for the costs the City incurs in such maintenance role. (PW.)
k. A provision that requires City approval of any amendment to the CC&Rs that will,
in any manner, affect the maintenance, function, or integrity of NPDES facilities.
(PW.)
A statement indicating that by Octoberfirst of everyyear, annual fiscal year reports
will be furnished to the City in compliance with the reporting requirements of codes
and ordinances adopted by the City with respect to the NPDES program. (PW.)
m. A provision that requires the west canyon lot owners and/or homeowners
association to participate in the cost of moving the existing entry gate at San Juan
Creek Road and Avenida La Mancha further away from San Juan Creek Road, if
and when such a gate is constructed. (PW.)
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A provision requiring that all landscape contractors properly train their field crews
so as to prevent improper pruning/trimming or ornamental maintenance of the
California native plants, and providing an enforceable penalty which the HOA may
impose on the landscape contractor for violation of this provision including but not
limited to replacement of plant material with comparably sized new plant material.
(PW)
o. A provision that the homeowners association (HOA) would be responsible for the
cost of replacing any enhanced paving or stamped -concrete removed by the City
for the purpose of maintaining, replacing, repairing, or otherwise conducting work
on underground utilities including but not limited to waterlines, sanitary sewer lines,
and storm drainage lines within the proposed private streets.
p. A provision that each residential lot owner shall be required to submit a preliminary
landscape plan to the homeowners association's Architectural Review Board for
review and approval, prior to installing any landscape improvements, and
landscaping within the front yard and sides yards visible to the street, shall meet
the following standards:
• All landscaping within the front yard and sides yards visible to the street shall
be limited to the planting of California native plant species or California -friendly
species as determined by the City's Community Development Department.
• All lot owners shall maintain a California native palette within the property's
front yard and side yards visible from the street.
• The use of natural turf within the front yard and sides yards visible to the street
shall be prohibited. However, the limited use of high-quality, artificial
(manufactured) turf is permissible and should not exceed 25% of the total front
yard and visible side yard area.
• Failure of any lot owner to comply with these landscape provisions shall be
deemed a violation of the Conditions, Covenants & Restrictions (CC&Rs) and
shall be punishable accordingly under the violations & penalties section of the
CC&Rs.
1.27 Prior to the issuance of the 1" building permit, the applicantlsubdivider shall submit, for
review and approval by the Community Development 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 following: (CD)
a. The Prima Deshecha 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.
g. The future "private park" to be developed along Via Granada including an
exhibit of the entire tract showing the future proposed park location.
h. The requirement for the payment of the housing in -lieu fees prior to the
issuance of "Certificate of Occupancy."
i. The CC&R requirement that all homeowners are required to secure approval
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of preliminary landscape plans by the homeowners association Architectural
Review Board. Such plans shall be limited to the use of a California native
plant palette. Ali homeowners must install and maintain California native
palette landscaping within the front yard and the side yards visible from the
street.
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
Community Development 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. (PW.)
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 be required for street maintenance purposes to insure the conditions of
all local residential streets within the subdivision are acceptable to the City Engineer
and to all affected HOAs until the last house is completed. (PW.)
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 Subsidence Remediation Program" to the satisfaction of the
City Engineer. Said program shall include the formation of a Geological Hazard
Abatement District, for any catastrophic soil displacement. The program shall also
include the incorporation into the Conditions, Covenants and Restrictions (CC&Rs) of
the Master Homeowners Association or sub associations, the remediation to surficial
soil displacement, as required by separate condition herein. (PW.)
_ 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/subdivider shall pay for all cost of said digital
submittal, including supplying digital copies to the City, of the final County Surveyor
approved digital map in DXF format. In addition, the applicant/subdivider shall provide
the City with digitized copies of all improvement (as -built) plans. (PW.)
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Whispering Hills Estates Page 14 of 27
_ 1.32 Fair -Share Circulation Improvement Participation. 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 pay for the project's pro -rata share
of the cost of the design and construction of the street and intersection improvements
to their ultimate respective widths and configurations in accordance with the City of
San Juan Capistrano's Master Plan of Streets and Highways, including any applicable
right-of-way acquisition, base on the proportion of traffic generated by the project, as
determined in a City -approved traffic study. Any exception to, or deviation from this
condition shall be subject to review and approval by the City Engineer: (PW)
IntersectionlRoad Segment Required Improvements 3
Ortega Highway, Via Cordova/Hunt Construct an additional eastbound and
Club Drive to La Pata Avenue: westbound lane and a guggna nces.
1.33 Off -Site Circulation Improvement Re uirements. 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 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 cast 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 (PW.)
Intersection/Road Segment Required Improvements
a. La Pata Avenue and "A" Street, the Construct the intersection, to include a
primary entry roadway for both the traffic signal, two eastbound lanes on "A"
high school and the residential area 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 Improvement Reauirements Subiect 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
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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 (CCI=P). However, if any improvements identified below
are constructed by another party, the applicant/subdivider shall pay for the project's
pro -rata "fair share" of the cost of the design and construction of the street,
intersection and traffic signal improvements to their ultimate respective widths and
configurations in accordance with the City of San Juan Capistrano's Master Plan of
Streets and Highways, including any applicable right-of-way acquisition, base on the
proportion of traffic generated by the project, as determined in a City -approved traffic
study.
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. Any exception to or
deviation from this condition shall be subject to review and approval by the City
Engineer. (PW.)
WATER INFRASTRUCTURE CONDITIONS:
1.35 Water Improvement Agreement. Prior to approval of each final map, the
applicant/subdivider shall execute a Water Improvement Agreement with the City
including a Water Improvement Phasing Plan, shall pay all 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)
Intersection/Road Se meat
Required Improvements
a.
1-5 Southbound Ramps & Ortega
Construct an additional eastbound right -
Highway
turn lane.
b.
1-5 Northbound Ramps & Ortega
Construct an additional lane on the off-
ff-
Highway:
Hi
hwa :
ram .
c.
Ortega Highway East of 1-5:
Installation of a signal coordination and
surveillance system along Ortega Highway
from 1-5 to La Novia Road. (Video
surveillance will provide incident detection
and quick removal of problem vehicles.
d.
La Pata Avenue Roadway and
Construct improvements as required by the
Antonio
Parkway/La Pata & Ortega
County of Orange in accordance with
Highway
Intersection
Coope tive Agreement No. D03_044. [
WATER INFRASTRUCTURE CONDITIONS:
1.35 Water Improvement Agreement. Prior to approval of each final map, the
applicant/subdivider shall execute a Water Improvement Agreement with the City
including a Water Improvement Phasing Plan, shall pay all 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)
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1.38 Sewer and Water Pians. 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)
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 adequate to
provide the required water demand for 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 accordance with City water standard specifications,
unless otherwise determined 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 -inch 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 -inch SC04 pipeline along the
southerly boundary of tract 16634.
4) A domestic water main connecting the east and west canyon areas of the
development.
Emergency pumping connections between the 575 HGL and the 700 HGL
pressure zones near the eastern boundary of Tentative Tract 16634.
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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 and 700 HGL pressure zones, or
as required, to be located along southerly boundary of the tract, in the area
where the proposed SC04 12" stub out is to be located.
2) A domestic water PRS between 700 HGL and 575 HGL pressure zones, oras
required, near the western boundary of the east canyon residential area.
3) A domestic water PRS between 760 HGL and the 575 HGL 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(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.
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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 Cityall available
site data on proposed reservoir locations, such as environmental, soils, drainage, or
other studies previously completed for the subdivision, and to cooperate with the City
to facilitate the property acquisition process without undue delay. The
applicant/subdivider small agree to coordinate construction of the reservoir with
construction of the subdivision improvements to the extent feasible and reasonable.
(Water & PW.)
FIRE PROTECTION CONDITIONS:
1.40 Secured Fire Protection Agreement. Prior to approval of the first final map, the
applicant/subdivider shall submit evidence of a Secured Fire Protection Agreement
with the Orange County Fire Authority to mitigate adverse cumulative impacts of the
project on the OCFA. Such an agreement may include participation on a pro rata basis
in funding capital 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 increased street widths, Class A roof assemblies, fire
sprinklers, etc. will be met. (Fire)
1.42 Fuel Modification Plan. Prior to approval of each final map, the applicant/subdivider
shall obtain approval from the Fire Chief, in consultation with City staff, for a
conceptual fuel modification 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 be
protected by an automatic fire sprinkler system in a manner meeting the approval of
the Fire Chief. (Fire)
1.44 Traffic Signal Pre-emption E ui ment. Prior to approval 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 for the surrounding controlled intersections. This agreement shall be
accompanied by financial security. (Fire)
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
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construction activities. (PW.)
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 16684. 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. (PW.)
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 3899 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. (PW.)
_ 2.4 Recycling/Reduce Debris Act of 1989 (CIWMA). Priorto 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 through recycling. (PW.)
2.5 NPDES Industrial Permit for Grading. Prior to issuance of mass grading and right-of-
way
ight-ofway 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
excess of five acres of land. Evidence that this requirement has been met shall be
submitted to the City Engineer. (PW.)
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 approval of: (PW.)
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
a. 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
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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: (PW.)
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 shown 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 and right-
of-way improvement permits, the applicantlsubdivider 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 Community Development Director and Building Official
containing, but not limited to, the following controls: (PW. & CD)
a. Grading:
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 importlexport.
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 Community Development 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
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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 Community
Development Director and/or the Engineering and Building Director are
authorized to shut down the project by reason of said violation.
2.9 Capistrano 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
applicant/subdivider shall pay fees, in the amount established by City Council at the
time of permit issuance, as required by the CCFP at issuance of building permits.
(PW.)
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 specifications. If a water improvement phasing
plan is to be implemented, the phasing plan shall be submitted with the improvement
plans to the City Engineer and the Utilities Engineer for approval. (Water)
FIRE PROTECTION CONDITIONS:
2.11 Fire Hydrant Location. Prior to issuance of a precise grading 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
applicanVsubdivider shall submit and obtain approval of the Fire Chief and City Staff of
plans for fire protection access roads to within 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 of the provision of alternate measures, such as the installation of fire
sprinklers. 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 clearly marked fire apparatus access
turnaround shall be provided and approved bythe 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,
including 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 modification plan and program. The plan shall indicate the
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proposed means of modifying vegetation to reduce the risk to structures. (Fire)
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 Workforce Housing_ Requirement. The applicant/subdivider shall meet the General
Plan Housing Element's affordable housing requirement by either (1) prior to the
issuance of a "Certificate of Occupancy" for each market rate dwelling unit, paying an
in -lieu housing fee to the City pursuant to Section 9-5.103, "Housing in -lieu fee" of Title
9, Land Use Code in affect at that time; or, (2) prior to the issuance of the 1St building
permit for a market rate dwelling unit, provide for the development of a minimum of
sixteen (16) affordable housing units subject to a City -approved and recorded
Affordability Agreement restricting the rental and/or sale of such units to qualifying "low
income" and/or "very -low income" households for a period of not less than thirty (30)
years; or, (3) convey property within the Whispering Hills Estates Planned Community
to the City suitable for development of workforce housing provided that if the appraised
land value is less than the total required in -lieu housing fees, then the
applicant/developer shall pay an in -lieu fee equal to the difference to the City; and, if
the appraised value of such land exceeds the total required housing in -lieu fees, then
the City will pay the applicant/developer the difference. For alternative 2 above, the
applicant/subdivider shall be responsible for securing the required planning application
approvals for the development of such affordable housing, and shall secure the
required building permits prior to the issuance of the 1 st building permit for any market
rate housing units, and shall complete construction and secure all "Certificates of
Occupancy" for the affordable housing units prior to the issuance of any "Certificates
of Occupancy" for the market rate units. (CD)
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 Community
Development 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 Community Development 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
Community Development Director confirms that the West Canyon will consist of
custom home development only. (CD)
3.3 California Native Landscaping. In conjunction with the submission of a building permit
for irrigation system improvements in the front yard and the side yards visible to the
street, the property owner shall submit a preliminary landscape plan for the area to the
Community Development Department for review and approval and shall meet the
following standards:
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• Said landscape plan shall be limited to the use of California native plants or
California -friendly plants as determined by the Community Development Director
or his designee.
• The irrigation system will use only drip system devices, stream bubblers, soaker
hoses, and similar water -conserving irrigation devices.
• The property owner shall complete the installation of all landscape improvements
consistent with the City -approved preliminary landscape plan, and furthermore,
shall maintain a California native plant palette.
• The planting of ornamental or invasive plant species shall be prohibited.
3.4 Site for SONGS Warning Siren. Prior to issuance of a building permit far 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 (PW.)
3.5 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 shall be constructed by the applicant/subdivider to the
satisfaction of and in accordance with plans approved by the City Engineer. (PW.)
3.6 Access Road to City Open Space. Prior to issuance of a building permit for the first
home within the project (other than model homes), 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 shall be constructed by the applicant/subdivider
to the satisfaction of and in accordance with plans approved by the City Engineer.
(PW.
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 indicated, in compliance to City water standard
specifications, unless otherwise provided in the Water Improvement Phasing Plan,
and shall comply with the provisions below. Any exception to, or deviation from this
condition shall be subject to review and approval by the Utilities Director. (Water)
a. Prior to issuance of the 1" building permit in the east canyon with the exception of
building permits for a maximum of three model homes, the applicant/ subdivider
shall complete construction of the connection to the SC -04 waterline to the south
on the landfill property, including the on-site domestic system and any remaining
portions of the reclaimed water system related to the east canyon side.
b. Prior to issuance of the 71St building permit, the applicant/subdivider shall complete
construction of the off-site domestic and reclaimed waterlines located westerly of
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westerly of the property. Said waterlines will be constructed in paved or gravel
roadway alignments depicted on Exhibit A (Whispering Hills Waterline Exhibit),
attached hereto and incorporated herein. If the west canyon grading has not been
completed, the applicant/subdivider shall construct over land domestic and
recycled waterlines from the southerly end of Avenida La Mancha to the current
end point of the westerly 12" domestic and recycled waterlines which connect to
the east canyon along the route described as the "Temp Over -land 12" Domestic
WT."
c. Prior to the sale of any single lot in the west canyon, the applicant/subdivider shall
construct all permanent, underground domestic and recycled waterlines from the
southerly end of Avenida La Mancha to the current end point of the westerly 12"
domestic and recycled waterlines which serve the east canyon. The
applicant/subdivider shall include a provision within the sales agreement for
individual lots specifying that lot owners may not request and the City shall not be
obligated to issue any building permit until permanent, underground waterline
improvements have been completed. The intent of this provision is to ensure that.
all permanent, underground domestic and recycled waterlines are constructed
prior to the sale of any lots. All other conditions of development for the domestic
and reclaimed water system still apply. Additionally, no building permit and/or
certificate of occupancy shall be issued for any single lot in the west canyon prior
to completion of all underground domestic and recycled waterlines from the
southerly end of Avenida La Mancha to the current end point of the westerly 12"
domestic and recycled waterlines which serve the east canyon.
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 pian 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)
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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
applicantlsubdivider`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
(PW.)
_ 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, including the off-site sewer main line along San Juan Creek Road, in
accordance with the City approved Construction Phasing and Mitigation Program, the
approved plan, and approved exceptions (PW.)
4.3 Installation of Landscaping. Prior to issuance of a certificate of occupancy for the first
home within each development phase (other than model homes), the
applicant/subdivider shall submit a letter to the Community Development Director,
signed by a Registered Landscape Architect, stating that all materials for all
landscaped areas have been installed in accordance with the approved pians for each
development phase, and shall demonstrate to the satisfaction of the Community
Development Director that all landscaped areas have been landscaped per the
approved landscape plans. (CD)
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 shall 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 demonstrate that any required sprinkler
system is operational in a manner meeting the approval of the Fire Chief. (Fire)
5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF
IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES
5.1 Provide As -Built M,, I� Prior to acceptance of the works of improvements and release
of performance securities, the applicant/subdivider 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
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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". (PW.)
5.2 Videotape of Sewers and Storm Drain Pi es. Prior to acceptance of improvements
and release of performance securities, the applicant/subdividershall 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. (PW.)
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.
(PW.)
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:
5.4 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. (Util & PW.)
Responsible Agencies: CD:
CD-B&S:
PW -ENG:
UTIL:
OCFA:
Community Development Department
Community Development -Building & Safety
Public Works -Engineering Division
Utilities Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Applicant Signature
Todd Cunningham, Woodbridge Development
Date
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