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Resolution Number 10-11-02-04RESOLUTION NO. 10-11-02-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A TENTATIVE TRACT MAP (TTM) 17280 FOR THE "SAN JUAN MEADOWS" PORTION OF A MIXED-USE PLANNED COMMUNITY LOCATED ALONG THE SOUTH SIDE OF LA NOVIAAVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S): 666-312-01 & 02; 666-292- 01, 02 & 06)(SAN JUAN MEADOWS) Whereas, Advanced Real Estate Services (ARES) has requested approval of a Tentative Tract Map (TTM) for the 135.1 acre San Juan Meadows site, a portion of 153.8 acre project "Distrito La Novia-San Juan Meadows" project to accommodate the proposed development of 94 single-family detached (SFD) dwelling units and a commercial equestrian center; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 1.5085 of those Guidelines, has provided for public review of the draft environmental impact report pursuantto Section 15087 of those guidelines; reviewed all comments and prepared responses to comments pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included in .a Mitigation Monitoring Reporting Program (MMRP); and, Whereas, the Planning Commission conducted duly -noticed public hearings on February 23, March 9, March 23, April 13 and April 27, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby finds and determines with respect to Tentative Tract Map 17280: The proposed Tentative Tract Map is consistent with the General Plan and comprehensive development plan because the proposed amendments to the General Plan are consistent with specific goals and policies of the General Plan and because the Comprehensive Development Plan for the Distrito La Novia-San Juan Meadows project has been prepared to be consistent with the General Plan. Also, the proposed development plan for the "San Juan Meadows" site will be consistent with the General Plan and the Comprehensive Development Plan because the proposed project would further several important goals and policies of the General Plan Land Use Element and Parks & Recreation Element. 2. The design or improvement of the proposed Tentative Tract Map is consistent with the General Plan and comprehensive development plan because the proposed development plan has been designed consistent with the proposed amendments to the General Plan and the Comprehensive Development Plan provisions, and the proposed subdivision has been designed to accommodate the project design consistent with those policy and regulatory documents. 11/2/2010 1 The site is physically suitable for the type of proposed development because the City has previously approved development plans for the "San Juan Meadows" site based on a determination the site was physically suitable for the type of previously approved development which consisted solely of residential development and the proposed development of the "San Juan Meadows" site would include additional open space land and a commercial equestrian center use immediately adjacent to the City's existing, dedicated public open space lands. 4. The site is physically suitable for the proposed density of development because as previously noted, the "San Juan Meadows' site, as part of the prior approved development plans, had been deemed by the City Council to be physically suitable for the proposed density of development which would have allowed the development of 440 dwelling units and because the proposed project would reduce the intensity of development on the "San Juan Meadows" site through the substantial reduction in residential development from 440 to 94 dwelling units and the introduction of a commercial equestrian facility on that portion of the site directly adjoining existing, dedicated public open space. .5. The design of the Tentative Tract Map and its proposed subdivision improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Draft Environmental Impact Report (EIR) includes an assessment of the project's potentially significant biological resource impacts and concludes the project's impacts to such resources would be sufficiently mitigated through the proposed mitigation measures established by the Mitigation Monitoring Reporting Program (MMRP). 6. The design of the subdivisions or 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 subdivision because the project site is not encumbered by any public easements. However, the project does propose necessary public street right-of-way dedication along portions of Valle Road, San Juan Creek Road, and La Novia Avenue to accommodate necessary street improvements consistent with the General Plan Circulation Element. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves Tentative Tract Map (TTM) 17280, San Juan Meadows subject to the conditions of approval contained in Exhibit "A", attached hereto and incorporated herein. ,..— � PASSED, APPROVED AND ADOPTEO t __.__.._�....�his 2"d d y of November, 2010, by the following vote, to wit: 2 11/2/2010 1, MARIA MORRIS, appointed City Clerk of the City of San.Juan Capistrano, do hereby certify that the foregoing Resolution No, 10-11-02-04 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2r' day of November 2010, by the following vote: AYES:COU . IL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso U NOES: C ' CIL MEMBER: None ABSENT: - CIL MEMBER: None MARIA'MgRRIS,%City C 3 11!212010 EXHIBIT "A" CC RESOLUTION #10-11-02-04 CONDITIONS OF APPROVAL PROJECT LOG #: Tentative Tract Map (TTM) 17280 PROJECT NAME: San Juan Meadows APPROVAL DATE: November 2, 2010 EFFECTIVE DATE; November 17, 2010 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. The subject project proposes to subdivide an existing 138.1 acre property into 99 numbered lots and 20 lettered lots to allow 94 lots for the development of single- family detached (SFD) homes and 5 lots for the development of commercial equestrian and equestrian -related uses and improvements located at south of La Novia Avenue and east of the Capistrano Terrace Mobilehome Park. This project approval is based on and subject to the application materials prepared by Hunsaker & Associates for Vesting Tentative Tract Map (TTM) 17280 dated and revised to October 28, 2009 including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. (DSD) B. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. (DSD) C. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. (DSD) D. 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 EXHIBIT A Resolution #10-11-0-04 Tentative Tract Map (TTM) 17250 Conditions of Approval San Juan Meadows Page 2 of 22 applicant/subdivider shall consult with the City Attorney regarding appropriate defense counsel in the event of the filing of such claims or actions. (DSD) E, Mitigation Monitoring Program. The project shall comply with the Mitigation Monitoring Program adopted in conjunction with the certification of the Final Environmental impact Report (EIR) for the project. (DSD) F. CDP Zoning Provisions. The project shall comply with all applicable requirements established by the adopted Comprehensive Development Plan forthe project. (DSD) 1. PRIOR TO APPROVAL OF ANY FINAL MAP OR SUBDIVISION IMPROVEMENT AGREEMENT: ENGINEERING CONDITIONS: 1.1 In -lieu Park Fees. Prior to approval of each final map, the applicant/subdivider shall pay a park 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. The applicant may petition the City Council for partial credit for the cost of construction of privately - maintained, park -related improvements. As provided by Title 9, Land Use Code, the City shall be under no obligation to grant partial credit for such improvements. (DSD) 1.2 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. (DSD) 1.3 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) 1A 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) 1.5 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 Runoff 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 Resolution #90-99-0-04 Tentative Tract Map (TTM) 97280 Conditions of Approval San Juan Meadows Pa e 3 of 22 and without negatively affecting existing downstream drainage system. Said study shall be consistent with all applicable City regulations and Orange County Public Facilities & Resources Department (PF&RD) design criteria, and standards. (PW) 1.6 Soils/Geology. 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. The Soils Report/Geotechnical Feasibility Study shall be subject to review by a third -party geotechnical consultant retained by the City, at applicant/subdivider cost, to ensure geotechnical stability to the satisfaction of the City Engineer. (PW) 1.7 Landslide Stabilization. Priorto any final map approval, the applicant/subdivider shall submit a detailed geotechnical report that evaluates the mass grading plan and the existing, ancient, landslide condition subject to the satisfaction of the City Engineer or his designee. The geotechnical report shall address all geotechnical and soils issues including, but not limited to, gross site stability (ancient deep landslide), surficial slide stability, manufactured slopes, off-site grading and proposed improvements and shall include specific recommendations to satisfactorily address all geotechnical and soils issues to the City Engineer's satisfaction. Stabilization of the site (deep ancient landslide) will require the installation and maintenance of a groundwater de -watering system. The operation and maintenance of that de- watering system shall be the responsibility of a homeowners association (HOA) encompassing all properties within the Tentative Tract Map (TTM) boundaries. (CD & PW) 1.8 Landfill Closure. Prior to any final map approval, with the sole exception of any final map for the dedication and improvement of La Novia Avenue public right-of-way, the applicant/subdivider shall submit to the City, a copy of the written certification from the project "landfill engineer" to the San Diego Regional Water Quality Control Board (SDRWQCB) that the Old Forster Canyon Landfill has been closed consistent and in full compliance with Board -approved Closure Plan and Post -Closure Maintenance Plan and all conditions of approval established by the Board's Order approving the Closure Plan and Post -Closure Maintenance Plan. Prior to any final map approval, the applicant/subdivider shall also submit to the City, evidence of approval by the San Diego Regional Water Quality Control Board (SDRWQCB) of the long-term, post -closure maintenance plan providing for perpetual monitoring and maintenance of the landfill including financial provisions to fund all post -closure maintenance consistent with Title 27 of the California Code of Regulations (CCR). (CD & PW) 1.9 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 proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 4 of 22 Construction of Sanitary Sewers. Any deviation from these requirements shall be subject to City Engineer review and approval. (PW) 1.10 Gradinq Plans. Prior to approval of the first final map, the applicant/subdivider shall submit to the Community Development Director for review and shall obtain approval for, a mass grading plan for the entire project site. Such plan 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 rough 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, at applicant/subdivider cost, to ensure geotechnical stability to the satisfaction of the City Engineer. (CD & PW) 1.11 Drainage Barrier Between Slopes and Streets. Prior to approval of each final map, the precise 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) 1.12 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 the requirements of California Regional Water Quality Control Board and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PW) 1.13 Runoff Control and Water Quality Management Program. Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 5 of 22 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. (PW) 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. (PW) 1.14 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 all applicable City regulations and ©range County Public Facilities & Resources Department (PF&RD) design criteria, and standards. These pians 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. (PW) 115 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. Surface enhancements of these particular lettered lots shall not interfere with the utilities. Any exception shall be subject to review and approval by the.City Engineer. (PW) Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 8 of 22 1.16 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, shall be subject to City Engineer's review and approval. (PW) 1.17 Pry -Utilities Electric Tele hone 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. (PW) 1.18 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 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) 1.19 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 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: (PW) a. Street Geometry. All streets shall be designed with geometric sections consistent with the City Council -approved Tentative Tract Map (TTM). 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 1060 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. c. 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. Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 7 of 22 d. 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. e. 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. f. Gated Entries. Streets that serve as 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 to the call box shall be a minimum 100 feet. Any deviation to these requirements shall require a special authorization from the City Engineer. g. 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. 1.20 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 streets within the subdivision, 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) 1.21 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) 1.22 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), paries, graded slopes, landscaping and irrigation facilities within the interior. of the subdivision designated as private, shall be maintained by the Homeowners Association (HOA) or shall make other provisions for Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 8 of 22 maintenance to be approved by the City Engineer.. (PW) 1.23 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) 1.24 Trail and Bikeway Dedications. Prior to approval of each final map in accordance with the Subdivision Improvement Agreement, the applicant/subdivider shall design to City trail standards 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. : The planned multi -use trail from La Novia Avenue along the westerly edge of the residential neighborhood and commercial equestrian area as depicted on the approved Tentative Tract Map (TTM). Planned multi -use trails extending from the commercial equestrian area southerly into City open space as depicted on the approved Tentative Tract Map (TTM). The applicant/subdivider shall construct all trail and bikeway improvements within the preceding dedications in accordance with the applicable City Standards and Trail Design Manual or to the satisfaction of 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.(CD & PW) 1.25 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, 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 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 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/or 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. The requirements for Post Closure maintenance and monitoring of the Forster Canyon Landfill as established by the San Diego Regional Water Quality Control Board (SDRWQCB) shall be addressed by the final map that incorporates the commercial equestrian use component. (PW) ................ .......... .......... .. Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 9 of 22 b. 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. (DSD) c. 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 Property Owner's Association, or other entity approved by the City, as designated open space with no structures allowed in perpetuity with the exception of open space -related structures allowed by the City, and maintained by a Homeowner Association and/or Property Owner's 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. (DSD) 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. (DSD) 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 part 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 Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 10 of 22 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) I. A statement indicating that by October first of every year, 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 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) m. 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. o. A provision that the homeowners association (HOA) will require that prior to completing any landscape improvements on the property, the applicant/owner shall submit a preliminary landscape plan to the homeowners association's Architectural Review Board for review and approval and shall meet the.following standards: The preliminary landscape plan for the front yard and side yards visible from the street shall be limited to the use of a California native plant palette or California -friendly species as determined by the City's Community Development Director provided that high-quality, synthetic turf may be used for up to 25% of the combined front and side yard area. All lot owners shall maintain a California native palette within the property's front yard and within the side yards visible from the street consistent with the approved preliminary landscape plan. 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. 1.26 Prior to the issuance of the 15t building permit, the applicant/subdivider 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: (DSD) a. The Prima Deshecha Canada Landfill, b. The United States Marine Corps Base at Camp Pendleton. C. The San Onofre Nuclear Generating Station. Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 11 of 22 d. The Foothill Corridor alternative alignments. e. The planned 2505 water reservoir within the project. g. The planned commercial equestrian facility within the project including equestrian enclosures directly adjoining residential streets. h, The requirement for the payment of the housing in -lieu fees prior to the issuance of "Certificate of Occupancy." L The CC&R requirement that all homeowners are required to secure approval 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. All homeowners must install and maintain California native palette landscaping within the front yard and the side yards visible from the street. j. Natural open space lands bordering the project to the south provide habitat for animal species that can pose a threat to humans including rattlesnakes, coyotes, bobcats, and mountain lions. 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. 1.27 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) 1.28 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. (PW) 1.29 Soils Subsidence Remediation Program. Prior to approval of the first final map, 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 remediation to surficial soil displacement and the formation of a Geological Hazard Abatement District for any catastrophic soil displacement. The program shall also be incorporated into the Conditions, Covenants and Restrictions (CC&Rs) of the Master Homeowners Association or sub -associations. (PW.) Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 12 of 22 1.30 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, or most updated format. In addition, the applicant/subdivider shall provide the City with digitized copies of all improvement (as -built) plans. (PW) 1.31 Fair -Share Circulation Improvement Participation. In accordance with 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, based on the proportion of traffic generated by the project, as determined in the City -approved traffic study and as described in the approved Mitigation Monitoring Reporting Program (MMRP). Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer: (PW) 1.32 Off -Site Circulation Improvement Requirements. In accordance with the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall design, construct and be financially responsible for the cost of the off-site improvements to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and as described in the approved Mitigation Monitoring Reporting Program (MMRP) 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 applicantlsubdivider 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) 1.33 Off -Site Circulation Improvement Requirements Subject to Partial Reimbursement. In accordance with the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall design, construct and be initially responsible for the entire cost of the off-site improvements as described in the approved Mitigation Monitoring Reporting Program (MMRP) 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). Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 13 of 22 However, if any improvements identified in the MMRP are constructed by another party first, 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, based on the proportion of traffic generated by the project, as determined in the Traffic Impact Analysis (TIA) approved by 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. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW) 1.34 Subdivision Improvement Agreement, In Conjunction with the approval of each final map, the applicant/subdivider shall execute a Subdivision Improvement Agreement with the City. Said Agreement shall include, but not be limited to the obligation of the applicant/subdivider design to construct, to the satisfaction the City Engineer, certain circulation improvements to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and as described in the approved Mitigation Monitoring Reporting Program (MMRP). It shall also include a Water Improvement Phasing Plan (PW) WATER INFRASTRUCTURE CONDITIONS: 1.35 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) 1.36 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 applicable public water facilities, water rights and the required easements to the City for project improvements. (Water) 1.37 Design of Water Facilities. Prior to final map approval, 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 Water Engineering Manager for approval. (Water) 1.38 Sewer and Water Plans. Prior to approval of each f=inal 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 improvements, provided that the City Engineer or Water Engineering Manager shall have the authority to allow design amendments to said water pians to the extent that they comply to at least an equivalent level with the City's adopted Water Master Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page. 14 of 22 Plans: (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 or engineered slopes exceeding 1 to 5 (rise to run), 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 passing through the open space areas or slope areas are 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. 1.39 Domestic Water Improvements. 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 City Engineer and the Water Engineering Manager: a. A 12 inch domestic water main in La Novia Avenue connecting to the 14 -inch line (350 Zone) and extending to the intersection of La Novia Avenue and Valle Road. b. A 12 -inch domestic water main in La Novia Avenue, and Cerro Rebal connecting to the existing 12 -inch line (760/513 Zone) with a pressure -reducing valve (PRV) and extending into the easterly edge of the subdivision along an alignment depicted in Exhibit 11 of the Comprehensive Development Plan and connecting to an existing 12 -inch water main (760 Zone) at the Pacifica San Juan boundary. 1.40 Non -Domestic Water Improvements. Unless otherwise determined by the City Engineer and the Water Engineering Manager, the applicantlsubdivider shall design the following off-site non-domestic water main connections and pipelines in accordance with City standard specifications. (Water) a. An internal recycled water distribution and irrigation system will be designed and constructed for future connection to recycled source of supply. If development occurs prior to the master plan recycled supply line design and construct a single connection to the domestic system along the route of the planned recycled main line with an acceptable back flow prevention device. b. Recycled water will be used at all areas permissible for recycled use by Title 22. c. Submit detailed irrigation plans for all areas using recycle water. Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 15 of 22 The applicant will enter into an development agreement with the City to design and construct certain off site recycle water facilities from the City's recycled water master plan in La Novia, and Cerro Rebal. The applicant will be paid a fair, negotiated amount for this work. The City and the applicant will negotiate the price of the engineering services. The construction cost will be determined by the City. 1.41 2505 Reservoir. Prior to approval of the first final map, the applicant/subdivider shall record an irrevocable offer of dedication for the 2.0 acre 250S reservoir site in a form approved by the City Attorney and with the location and configuration approved by the Utilities Director or his designee including any temporary construction easements and permanent access and utility easements. (Water & PW) FIRE PROTECTION CONDITIONS: 1.42 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) 1.43 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) 1.44 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) 1.45 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) 1.46 Traffic Signal Pre-emption Equipment. 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. PRIOR TO ISSUANCE OF ANY GRADING PERMITS OR RIGHT-OF-WAY IMPROVEMENT PERMITS OR WATER IMPROVEMENT AGREEMENT: 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 Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 16 of 22 construction activities. (PW) 2.2 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. (PW) 2.3 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 through recycling. (PW) 2.4 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 excess of five acres of land, Evidence that this requirement has been met shall be submitted to the City Engineer. (PW) 2.5 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 Novia 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 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. 2.6 Mitigation of Drainage and Gradinq 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 Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 17 of 22 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. 2.7 Prior to grading permit issuance, the project grading plans shall include provisions to re -grade the existing natural slope along the easterly edge of the Capistrano Terrace Mobilehome Park at the base of the landfill "face" so as to stabilize the existing slope consistent with the project soils & geotechnical analysis. The grading shall provide a manufactured 2:1 slope with drainage as required by the Land Use Code. If deemed necessary, as determined by the City's Building & Code Enforcement Manager, the project shall reconstruct the existing retaining wall at the base of the subject slope. (DSD) FIRE PROTECTION CONDITIONS: 2.8 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) 2.9 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 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 by the Fire Chief (The applicant/subdivider should contact the OCFA at 714-744-0499). (Fire) 2.10 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) 2.11 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 proposed means of modifying vegetation to reduce the risk to structures. (Fire) 2.12 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. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS: 3.1 Affordable Housing Requirement. The applicant/subdivider shall comply with the provisions of the Comprehensive Development Plan's Affordable Housing Resolution #10-11-0-04 Tentative Tract Mata (TTM) 17280 Conditions of Approval San Juan Meadows Pae 18 of 22 Opportunities Program (AHOP) through the designation of on-site affordable residential units or the construction of off-site affordable residential units as established by the executed Affordable Housing Covenant 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 1st building permit for any market rate housing units. The applicant/developer shall complete construction and secure "Certificates of Occupancy" for the affordable housing units prior to the issuance of any "Certificates of Occupancy" for the market rate units at a minimum ratio of at least one (1) affordable unit for every five (5) market rate housing units (i.e. the developer may not secure more than five market rate housing unit "Certificates of Occupancy" for each affordable unit"Certificate of Occupancy") (DSD) 3.2 Residential Development Plan Review. Prior to the issuance of building permits for each development phase of the residential component, the applicant/subdivider shall submit proposed development plans to the Community Development Director for Design Review Committee (DRC) review and approval including: a. final grading plans, unless previously approved by the City. b. preliminary site and landscape plans. c. gated entry plans. d. architectural plans and elevations for all production homes. e. Perimeter wall & fence plans, f. gated entry plans, sample material boards, and other plans as specified by the Community Development Director. (DSD) 3.3 California Native Landscaping. With each building phase, the applicant/developer shall submit preliminary landscape plans for that phase which shall be limited to the use of California native plants or California -friendly plants as determined by the Community Development Director or his designee with the exception turf block for emergency access and limited turf area adjoining the proposed equestrian club house facility. Prior to issuance of any occupancy permit for the corresponding phase, the applicant/developer will have completed installation of all landscape improvements consistent with the Community Development Department -approved landscape plan. Furthermore, the applicant/owner shall maintain a California native palette on the property and the use of ornamental or invasive plant species shall be expressly prohibited (DSD) 3.4 Capistrano Circulation Fee Program (CCFP). Prior to issuance of any building permits, except as otherwise set out in accordance with the Subdivision Improvement Agreement, the applicant/subdivider shall pay CCFP fees in the amount prescribed by the City Council at the time of issuance. (PW) WATER INFRASTRUCTURE CONDITIONS: 3.5 Water Availability. Prior to the issuance of any building permit, the applicant I developer shall consult with the Utilities Department to determine the availability of water for the project and will secure a final "will serve" water capacity allocation. (Water) 3.6 Prior to issuance of any building permit, building plans shall be designed to include Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pae 19 of 22 provisions that all public and private toilets are connected to and served by the City's non-domestic, recycled water system so as to reduce potable water demand thereby reducing the City's reliance on imported water from the State Water Project (SWP). All urinals, public or private, shall be of the waterless type. (Water) FIRE PROTECTION CONDITIONS: 3.7 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) 3.8 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) 3.9 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) 3.10 Combustible Gas Mitigation: Prior to the issuance of any building permit, the applicant shall submit and obtain the approval of the Fire Chief for a combustible gas/methane assessment and mitigation plan. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Combustible Soil Gas Hazard Mitigation." 3.11 Fire Hazard Notification: Prior to the issuance of a building permit, the applicant shall place a note on the fire master plan stating that all requirements for development and construction within a "Special Fire Protection AreaNery High Fire Hazard Severity Zone," including increased street widths, Class A roof assemblies, etc. will be met. The applicant may contact the OCFA at (714) 573-6100 or visit the OCA website to obtain a copy of the "Guidelines for Development within Special Fire Protection Areas and Instructions for Request for Exclusion from SI=PA.,, 3.12 Fire Master Plan: Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow -line to flow -line. All cul-de-sacs shall provide the OCFA required turning radii of 38' outside and 17' inside turning radius. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." . 3.13 Combustible Construction Letter: Prior to the issuance of a building permit for Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 20 of 22 combustible construction, the builder 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 OCFA approval obtained as a result of an on-site inspection. The applicant may contact the OCFA at (714) 573-6160 to obtain a copy of the standard combustible construction letter. 3.14 Fire Hydrants: Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. 3.15 Fire Lane Markings: Prior to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief 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. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access Roadways and Fire Lane Requirements." 3.16 Access Gates: Prior to the issuance of any building permits, if applicable, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." 3.17 Water Availability: Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. 3.18 Automatic Fire Sprinkler Systems: Prior to the issuance of a building permit, a note shall be placed on the fire master plan stating that all 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. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. 4. 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 (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 Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Page 21 of 22 Engineer, all facility improvements required of this development and necessary to serve the development, in accordance with the City approved plans and 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 plans 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. (DSD) 4.4 Completion of Water Facilities. Prior to issuance of Certificate of Occupancy (C of O) 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) FIRE PROTECTION CONDITIONS: 4.5 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.E 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) 4.7 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) 4.8 Fire Lane Markings:, Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&R'S's or other approved documents shall contain a fire Jane map, provisions prohibiting parking in the fire lanes and a method of enforcement. 5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES 5.1 Provide As -Built M tars - Record Drawings. 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 digital copies of all as -built plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". Resolution #10-11-0-04 Tentative Tract Map (TTM) 17280 Conditions of Approval San Juan Meadows Pa e 22 of 22 (PW) 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. Any exception shall be subject to review and approval by the City Engineer. (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) 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. (Utilities & PW) Responsible Agencies: DSD: Development Services Department B&S: Development Services Department -Building & Safety PW: Public Works Department -Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Signature Print name & title Date