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Ordinance Number 936ORDINANCE NO. 936 ' AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 86-04, MARBELLA GOLF & COUNTRY CLUB PLANNED COMMUNITY (PC) DISTRICT STANDARDS. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals and Findings. Centra Realty requests approval of an amendment to Comprehensive Development Plan (CDP) 86-04, Marbella Golf and County Club Planned Community (PC) District regulations, specifically, subsection 4.2.2, Commercial Office (CO), subsection 4.2.4, Public Institutional District (IP), subsection 4.2.5, Open Space Districts, subsection 4.4, Open Space, Recreation and Trails, Table 1, Statistical Summary, Exhibit 8, Conceptual Land Use, and Exhibit 18, Planned Community District Zones established by Comprehensive Development Plan (CDP) 86-04, Marbella Golf & Country Club Planned Community. 2. The proposed project has been processed pursuant to Section 9-2.301, ' Development Review of the Land Use Code. 3. The Environmental Administrator has determined that the project's potential impacts require the preparation of an Environmental Impact Report (EIR), said EIR having been prepared and processed in accordance the provisions of the California Environmental Quality Act (CEQA), and certified by the Planning Commission on February 26, 2008. Further, a determination has been made that said certified final EIR adequately addresses the proposed amendment of CDP 86-04, and the City Council has adopted a Resolution confirming that the certified EIR would stand as the CEQA documentation for this project. 4. The Planning Commission conducted duly -noticed public hearings on January 8, 2008, February 12, 2008 and February 26, 2008 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. 5. The proposed zone change, amending Section 4, Table 1, and Exhibits 8 and 18 of CDP 86-04 is consistent with the General Plan goals, policies, and objectives, in particular, the provisions of the Land Use Element and the Community Design Element because the General Plan designation of Pubic & Institutional permits the proposed use, and the proposed commercial office development is consistent with ' the development standards of CDP 86-04 and the City Design Guidelines. Page 1 of 2 03-18-2008 6. The proposed zone change will result in the development of land uses suitable to the property's unique situation including natural and man-made constraints because the recommended text amendments will result in development standards which will allow site development consistent with the project site's natural and man-made constraints in that the project design has resulted in two levels in order to retain existing topographical features to the extent possible and to avoid the use of extensive grading and retaining walls; and, The proposed zone change will be compatible with the existing land uses and/or zoning classifications of adjoining properties or properties in the vicinity of the property being rezoned which could potentially be affected by development because the proposed office development consistent with and compatible to the other retail and office uses in the vicinity. SECTION 2. Amendment. Comprehensive Development Plan (CDP) 86-04, Marbella Golf & Country Club Planned Community is hereby amended as provided by Exhibit "A" attached hereto by reference. passage. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED,APPROVED ATTEST: -4Im � Q (/ R. MONAHAN, CITY CLERK 8th day of March, 2008. A Page 2 of 2 03-18-2008 ' 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 is a true and correct copy of Ordinance No. 936 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4`" day of March 2008 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 18th day of March 2008 by the following vote, to wit: AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, Nielsen, and Mayor Soto NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MONAHAN, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 4T day of March 2008, at least 5 days prior to March 18, 2008, the date of adoption of the ordinance, I caused to be posted, in the City Clerk's Office a certified copy of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 86-04, MARBELLA GOLF & COU NTRY CLUB PLANNED COMMUNITY (PC) DISTRICT STANDAIJOS STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO) MAIRgARET R. MONAHAN, CI - San J an Capistrano, California ss AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California. On the 19T" day of March 2008 1 caused to be posted, in the City Clerk's office, a certified copy of Ordinance No. 936, adopted by the City Council on March 18, 2008 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 86-04, MARBELLA GOLF & COURNTRY CLUB PLANNED COMMUNITY (PC) DISTRICT STANDARDS ET R. MONAHAN, CITY CLERK Capistrano, California EXHIBIT A To Ordinance No. 936 MARBELLA GOLF & COUNTRY CLUB COMPREHENSIVE DEVELOPMENT PLAN (CDP 86-04) SAN JUAN CAPISTRANO, CALIFORNIA adopted: June 16, 1987 (Ordinance 597) amended: September 16, 1997 (Ordinance 800) amended: March 18, 2008 (Ordinance 936) Planning Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6331 TABLE OF CONTENTS 1.0 INTRODUCTION..............................................................................................................................1 1.1 PURPOSE OF COMPREHENSIVE DEVELOPMENT PLAN..............................................1 1.2 CONTENTS OF CDP..........................................................................................................1 1.3 DEVELOPMENT CONCEPT AND PLAN............................................................................2 1.4 CONFORMANCE WITH CEQA..........................................................................................2 1.5 DEFINITIONS......................................................................................................................2 2.0 PLANNED COMMUNITY FRAMEWORK 2.1 SITE LOCATION.................................................................................................................4 2.2 PHYSICAL CONDITIONS...................................................................................................4 2.2.1 Existing Land Use...................................................................................................4 2.2.2 Circulation...............................................................................................................4 2.2.3 Topography.............................................................................................................4 2.2.4 Drainage/Hydrology................................................................................................9 2.2.5 Vegetation...............................................................................................................9 2.2.6 Geology..................................................................................................................9 2.3 PLANNING ISSUES AND CONSIDERATIONS................................................................10 2.3.1 General Plan.........................................................................................................10 2.3.2 Zoning...................................................................................................................10 2.3.3 Issues...................................................................................................................10 3.0 DEVELOPMENT ISSUES AND GOALS........................................................................................14 3.1 DEVELOPMENT ISSUES.................................................................................................14 3.2 DEVELOPMENT GOALS..................................................................................................14 3.3 DEVELOPMENT CONCEPTS TO IMPLEMENT GOALS.................................................15 4.0 THE DEVELOPMENT PLAN 4.1 CONCEPT DESCRIPTION.................................................................. 4.2 LAND USE FEATURES, DISTRIBUTION AND POPULATION........... 4.2.1 Residential Districts................................................................. 4.2.2 Commercial Office(CO).......................................................... 4.2.4 Public Institutional District(IP)................................................. 4.3 CIRCULATION..................................................................................... 4.4 OPEN SPACE, RECREATION AND TRAILS ...................................... 4.4.1 Ridgeline.................................................................................. 4.4.2 Tree Stands............................................................................. 4.4.3 Horno Creek............................................................................ 4.4.4 Golf Course............................................................................. 4.4.5 Trails........................................................................................ 4.5 INFRASTRUCTURE AND SUPPORT SYSTEMS ............................... 4.5.1 Water....................................................................................... 4.5.2 Sewer....................................................................................... 4.5.3 Storm Drainage....................................................................... 4.5.4 Utilities..................................................................................... 4.6 PRIMARY DESIGN TREATMENT....................................................... 4.6.1. Architectural Review................................................................ 4.7 GRADING CONCEPT.......................................................................... 4.7.1 Golf Course............................................................................. 4.7.2 Helicopter Hill........................................................................... Marbella Golf & Country Club Comprehensive Development Plan 86-04 5.0 LAND USE AND DEVELOPMENT REGULATIONS......................................................................37 5.1 PURPOSE AND INTENT..................................................................................................37 5.2 PLANNED COMMUNITY NOTES AND CONDITIONS.....................................................37 5.2.1 Code Compliance....................................................................................................37 5.2.2 Issues Not Addressed.............................................................................................37 5.2.3 Preservation of Open Space Areas.........................................................................37 5.2.4 Conditions, Covenants, & Restrictions....................................................................37 5.2.5 Non -Residential and Multi -Family Residential Projects..........................................38 5.2.6 Residential Projects.................................................................................................38 5.2.7 CDP Amendments...................................................................................................40 5.2.8 Variances.................................................................................................................40 5.2.9 Exceptions...............................................................................................................40 5.2.10 Permits..................................................................................................................40 5.2.11 Fees.......................................................................................................................40 5.3 DISTRICT REGULATIONS...............................................................................................40 5.3.1 General Notes......................................................................................................40 5.3.2 Residential District Regulations. ................................ .......................................... 42 5.3.3 Custom Fairway ("CFR") Residential District Regulations..................................45 5.3.4 Fairway Residential ("FR") District Regulations....................................................46 5.3.5 The Villas Multi -Family ("VM") District Regulations..............................................47 5.3.6 Neighborhood Commercial (,INC") District Regulations.......................................47 5.3.7 Commercial Office ("CO") District Regulations....................................................49 5.3.8 Public Institutional ("PI") District Regulations.......................................................50 5.3.9 Golf Course ("GC") District Regulations..............................................................51 5.3.10 Open Space ("OS") District Regulations..............................................................52 5.3.11 Environmental Management District Regulations.................................................53 6.0 GROWTH MANAGEMENT PHASING PROGRAM.......................................................................54 6.1 PURPOSE AND INTENT..................................................................................................54 6.2 PHASING OF RESIDENTIAL BUILDING PERMITS.........................................................54 LIST OF EXHIBITS & TABLES Exhibit 1, Regional Setting ....................................... Exhibit 2, Local Setting ............................................ Exhibit 3, Features ................................................... Exhibit 4, Slope Analysis .......................................... Exhibit 5, Geology .................................................... Exhibit 6, Physical Constraints ................................ Exhibit 7, General Plan ............................................ Exhibit 8, Conceptual Land Use .............................. Table 1, Statistical Summary ................................... Exhibit 9, Circulation Plan ........................................ Exhibit 10, Street Cross-sections ............................ Exhibit 11, Tree Preservation .................................. Exhibit 12, Trails ...................................................... Exhibit 13, Water ..................................................... Exhibit 14, Sewer ..................................................... Exhibit 15, Storm Drainage ...................................... Exhibit 16, Horno Creek Cross-sections .................. Exhibit 17, Conceptual Grading Plan ....................... Exhibit 18, Planned Community District Zones........ 5 6 7 8 3 Marbella Golf & Country Club Comprehensive Development Plan 86-04 1.0 INTRODUCTION 1.1 PURPOSE OF COMPREHENSIVE DEVELOPMENT PLAN The San Juan Capistrano Municipal Code recognizes Planned Communities as opportunities for comprehensive planning of large land areas as developments integrating a mixture of land uses in environmentally, socially and economically responsible ways. In order to enact a large-scale mixed use development as a Planned Community (PC), the San Juan Capistrano Municipal Code requires that a Comprehensive Development Plan (CDP) be prepared and evaluated in public forums. The Comprehensive Development Plan is prescribed to consist of maps and descriptive statements of objectives and standards used in the formulation of a development master plan which sets forth the guidelines and standards implementing the Planned Community. This Comprehensive Development Plan is intended to provide comprehensive planning for the 320 - acre development site known as Marbella Golf & Country Club. This CDP presents the design concepts, guidelines and regulations, and is to be adopted pursuant to the provisions of Section 9- 3.410 of the City's Land Use Code, Ordinance No. 293. Any reference in this CDP to the Land Use Code shall be considered to mean Ordinance No. 293 as amended, or any ordinance subsequently adopted to supersede Ordinance No. 293. When adopted, the CDP becomes a part of the zoning for the Planned Community (PC) area. The PC designation for the property on the Official Zoning Map of San Juan Capistrano will also reference this CDP. 1.2 CONTENTS OF CDP The San Juan Capistrano Land Use Code requires the CDP to include components which address themselves to, at least, the following: 1. The proposed land uses, distribution and intensity. 2. A circulation plan for the entire planned community area. 3. The proposed residential population distribution. 4. Proposed residential lot sizes, yield per acre and subdivision design concepts. 5. Design treatments for residential and non-residential uses and areas between uses. 6. Locations of existing and proposed public facilities necessary to serve the development. 7. Other information as deemed necessary by the City of San Juan Capistrano. The Marbella Golf & Country Club CDP is organized into six sections. The first section provides an introduction to the CDP, its purpose and organization, a summary of the development concept and plan, and the CDP's conformance with CEQA. The second section describes the Planned Community Framework, summarizing the existing conditions influencing the project area. Section 3 summarizes the Development Issues and Goals of the Marbella CDP. The fourth section presents in detail the Development Plan for the Marbella Golf & Country Club, presenting the design and development concepts, its goals and the land use districts. Section 5 establishes the Land Use and Development Regulations which implement the development concepts. Finally, Section 6 describes the Growth Management Phasing Program for the project. Marbella Golf & Country Club Comprehensive Development Plan 86-04 1.3 DEVELOPMENT CONCEPT AND PLAN The development concept for Marbella Golf & Country Club is the outgrowth of the San Juan Capistrano General Plan policies, development options as permitted by the site features, constraints analysis, environmental considerations, infrastructure and urban encroachment policies and, of course, the ability for City services and utilities to support the planned community. The primary objective to be achieved in the design of the 320 -acre Marbella Golf & Country Club is to create a distinctive, private residential community of limited density focusing on an exclusive championship -caliber golf course. The goal is to be achieved through design techniques which respect and incorporate the physical setting and the unique environmental features of the site. The various land uses within the site were positioned in a manner to optimize view exposures for future uses. The plan for Marbella Golf & Country Club focuses on the creation of a championship -level membership golf course around which single-family homes and townhomes are sited. The golf course intended to create a visually pleasing land use while preserving a large amount of open space in the valley floor and the surrounding hillside. While the championship golf course is the major open space/recreation use, nearly one-third of the site is preserved in natural open space. A sports complex of tennis courts and swimming pools is planned as part of the clubhouse facility, and a series of public bicycle, hiking and equestrian trails tying to the City-wide recreation system is incorporated into the project. Two parcels adjacent to Rancho Viejo Road and to the San Diego Freeway (1-5) are intended for neighborhood commercial, business park or specialized residential uses. These uses, while not within the private golf course community, are compatible with the community and adjacent existing uses and conditions. 1.4 CONFORMANCE WITH CEQA The City of San Juan Capistrano development process provides for the concept plan to be analyzed in detail in conformance with the California Environmental Quality Act (CEQA). This analysis occurs after preparation and with the aid of this Comprehensive Development Plan, and the application for zone change and general plan amendment. In August 1986, an Environmental Impact Report (EIR) was prepared evaluating the potential impacts of the proposed project on the community. The EIR focused on the key issues of flood protection, impacts on Horno Creek, local circulation, access and alignment of equestrian and bikeway trails, availability of public services and utilities, land use and design, grading and visual impacts, development impacts on existing trees and wildlife habitats, sub regional air quality, noise and construction impacts on nearby residential areas, and identification of archaeology/paleontology resources. A number of the mitigation measures specified in the Draft EIR, and others received from the City, have been incorporated into the project design and this CDP in order to eliminate or reduce previously identified impacts. In 1991, an addendum EIR was prepared to evaluate the potential impacts from the final phase of the planned community, which included a 45 -lot mixed use residential and commercial tentative tract map and a rezone to this CDP to allow the mixed use development. The addendum EIR focused on the potential impact to the City's low -to -moderate housing opportunities, water supply, light and glare, land use and aesthetics. The recommended mitigation measures identified in the addendum were incorporated into the design of the final phase of the Planned Community. 1.5 DEFINITIONS For the purposes of this Comprehensive Development Plan, the following definitions shall apply: Comprehensive Development Plan (CDP): A plan for a relatively large land area, developed in accordance with Section 9-3.410 of the Land Use Code, which provides a general overall site and circulation plan, development concepts, development phasing, architectural design criteria, permitted Marbella Golf & Country Club Comprehensive Development Plan 86-04 uses, setback requirements, parking criteria, and associated items required for the comprehensive planning of the entire area. The CDP is an integral and specific element of the zoning applied to the Planned Community. Land Use Code (LUC): Ordinance No. 293 of the City of San Juan Capistrano (also referred to as the Land use Management Code, Title 9), as amended, or any ordinance subsequently adopted to supersede Ordinance 293. Planned Community Area (PC): All of the area encompassed by, and subject to, this CDP as described herein. The term PC is used interchangeably with the project title, Marbella Golf & Country Club. All other terms used in this CDP and not specifically defined above shall have the same meanings as set forth in Appendix A (Definitions) of the LUC. Terms employed in this CDP, and not specifically defined herein or in the LUC, shall be construed according to the context and accepted usage of the language. 2.0 PLANNED COMMUNITY FRAMEWORK 2.1 SITE LOCATION The Marbella Golf & Country Club site is visible along the inland side of the San Diego Freeway (1-5) between Junipero Serra Road on the northwest and Ortega Highway on the southeast. Views from various areas within the Marbella Golf & Country Club looking outward from its perimeter include the Dana Point Harbor and the coastal environs, the northwest agricultural valley along Oso Creek, the ridgelines of Laguna Niguel, the historic Mission and downtown area of San Juan Capistrano, and panoramic views of the Saddleback Mountains and ranch lands. The project site is bordered to the north by the Stoneridge residential community, to the east by the Hunt Club, open space and several individual residential properties, to the south by the San Diego Freeway (1-5), and to the west by Endevco, the Malaspina neighborhood, and by Mission Hills Ranch. Refer to Exhibits 1 and 2. 2.2 PHYSICAL CONDITIONS 2.2.1 Existing Land Use The site is currently used for horse boarding, cattle grazing, chicken raising and pasture land, although its former primary use in the recent past was for agricultural citrus production. The agricultural operation was discontinued approximately four years ago and the irrigation of the groves was terminated. As a result, the groves have effectively died away. The ranch property is traversed by farm implement paths which tend to follow natural contours and the more gentle slopes. The site also includes a peninsula appendage extending to Malaspina Road. This area serves as an overflow area for a man-made lake in the neighboring community to the northeast. The northwesterly portion of the site features a major ridgeline rising approximately 100 feet above the mean site elevation. A portion of this ridge has been graded in the past to create a pad for a helipad and for an above -grade water tank owned by Capistrano Valley Water District. The helipad is inactive and has not been used for numerous years. Refer to Exhibit 3 2.2.2 Circulation Existing regional access is available from the San Diego Freeway (1-5) and Ortega Highway (State Route 74). The primary local access to the site is provided by Rancho Viejo Road. A secondary access to the parcel south of Rancho Viejo Road is provided by Horno Road passing under the freeway. Marbella Golf & Country Club Comprehensive Development Plan 86-04 Rancho Viejo Road is a two-lane, undivided roadway along its northern portion adjacent to the site. The southern portion of Rancho Viejo Road is a four -lane roadway with a raised median. Median breaks currently exist in two locations. 2.2.3 Topography The Marbella Golf & Country Club site is characterized by gentle -to -steep -rising slopes. Total site relief is represented by an elevation difference of 365 feet. The elevation at the highest point on the property near the most northwesterly corner is 500 feet in elevation while the southeasterly area has a low elevation of 135. Approximately 65% of the site has a slope characteristic of 0-20%; 20% of the site exhibits a natural grade of 21-30%, and the remainder exceeds slope grades of 30%. Refer to Exhibit 4. Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 1, Regional Setting Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 2, Local Setting Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 3, Features 10 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 4, Slope Analysis 11 Marbella Golf & Country Club Comprehensive Development Plan 86-04 A valley floor transects the site in a northwesterly -to -southwesterly direction near the east boundary line of the ranch. Approximately 95 acres lie within the valley floor area. Due to the existing site slopes and the variation in slope face orientation, the view potential for future uses on the ranch is abundant. 2.2.4 Drainage/Hydrology The Marbella Golf & Country Club site is located within the Horno Creek Valley and is flanked on the northwesterly and southeasterly sides by ridgelines. The Horno Creek drainage area is a tributary to approximately 2,400 acres immediately upstream. This geophysical landform has created a primary drainage corridor through the community core. This watercourse has a calculated drainage capacity of 3,050 cubic feet per second (cfs), although stream flows are highly intermittent at present. The 100 -year flood plain exceeds the banks of Horno Creek throughout the valley floor, especially at the southerly end of the site. The floodway covers approximately 40 acres in this area. Plans for Marbella Golf & Country Club provide for the protection of the drainage course at the most northeasterly end where it adjoins Stoneridge, and protection downstream as well. 2.2.5 Vegetation The subject site has historically been used as a citrus ranch. To make the site useful for this type of operation, the lower slopes were terraced into 30 -feet wide pads; bi-annual disking and chemical weed retardants (as well as pesticide sprays) were employed on the premises. The effect of the agricultural history is that no rare or endangered vegetation species are found on-site. The majority of citrus trees have been removed for firewood and indigenous vagrant weeds (disturbed grasslands and agricultural lands) now occupy the valley portions of the ranch. The higher elevation area around Helicopter Hill is dominated by the Coastal Sage Scrub Plant Community. An Introduced Dry Woodlands habitat, dominated by eucalyptus stands, is located primarily adjacent to Horno Creek. Two major eucalyptus groves are located in the center of the site along minor hillside tributaries flowing into Horno Creek. This area includes approximately 165 mature eucalyptus trees about 35-40 feet in height. The majority of the remaining eucalyptus trees are found along the southern boundary adjacent to Interstate 5, in a windrow along the northern property line next to Stoneridge and adjacent to Horno Creek. A Riparian Woodland Community is located along a narrow zone following the Horno Creek drainage course. The northern portions of Horno Creek have been greatly disturbed by livestock activities resulting in a greatly diminished riparian habitat. The southern portion of the creek, which has been protected, provides a more stable riparian habitat. While no rare or endangered vegetation is found in the Riparian Woodland Community along Horno Creek, this habitat offers a special and possibly unique significance to the City in terms of its natural appearance. Accordingly, the Marbella project will be heavily landscaped along Horno Creek in order to maintain the aesthetic qualities of the site. 2.2.6 Geology In 1982, Leighton and Associates performed a geotechnical investigation of the site for the purpose of providing preliminary guidance for planning and development of the property. The investigation dealt with geomorphology, geology, seismicity, ground water, liquefaction, soils and professionally congruent discussions. The majority of the site is underlain by the Capistrano formation, a clayey siltstone and sandy siltstone with some sand to silty sand. Ground water in the valley floor was encountered at a depth of 14 feet. However, liquefaction was not found to be a particular design problem based on the extent of 12 Marbella Golf & Country Club Comprehensive Development Plan 86-04 underlain rock which tends to suppress the amplification of ground shaking in a seismic episode. Refer to Exhibits 5 and 6. The site is subject to the effects of off-site regional faults and their episodes. No on-site faults were found; however, the study did identify a total of nine landslides, a condition prevalent in the City of San Juan Capistrano. The slide areas total 81 acres with the areas ranging from 1.2 acres to 26.3 acres in size. The slide depths range from 10 feet to 40 feet. Within the context of San Juan Capistrano, these slides are relatively minor. 2.3 PLANNING ISSUES AND CONSIDERATIONS 2.3.1 General Plan The basis for planning and land development in San Juan Capistrano is the City's General Plan, Exhibit 7, a comprehensive and interrelated collection of policy statements, goals, objectives, standards and implementation strategies effecting all land within the City. Its policies govern and establish parameters for such issues as land use, resource preservation and enhancement, densities, vehicular and recreational circulation, safety, public infrastructure, development timing and related issues. The current General Plan designation for the site is Planned Community (PC). A Comprehensive Development Plan (CDP) was adopted by the City which designates the ranch site primarily for residential, agribusiness and limited industrial/office research uses. Additionally, a visual impact overlay is placed on Helicopter Hill. The residential designations vary from 3.5 du/ac to 8.0 du/ac and provide for a maximum of 220 dwellings. The limited industrial and office research uses encompass 35 acres and allow up to 450,000 square feet of building floor area. The agribusiness is the largest category, consisting of approximately 210 acres. 2.3.2 Zoning The Marbella Golf & Country Club development plan will maintain the current PC/Planned Community zoning for the site. However, this Comprehensive Development Plan (CDP) and its permitted uses and district regulations will replace the previous CDP. The site will be returned to its designated use as a golf course. 2.3.3 Issues Several primary issues have been raised by the City throughout the development process of this CDP. The key issues to be addressed by the Marbella Golf & Country Club development plan include the following: 1. Equestrian trail linkages to adjacent properties. 2. Contour grading of hillside and valley development. 3. Retention of major trees. 4. Preservation of Horno Creek. 5. Connection of roadways to Stoneridge and Hunt Club. 6. Provision of bike trails. 13 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 5, Geology 14 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 6, Physical Constraints 15 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 7, General Plan 16 Marbella Golf & Country Club Comprehensive Development Plan 86-04 3.0 DEVELOPMENT ISSUES AND GOALS 3.1 DEVELOPMENT ISSUES Analysis of the existing physical setting for the Marbella Golf & Country Club Planned Community has led to the identification of site constraints and features. Evolving out of this physical setting analysis were several key development issues. Resolution of these issues is essential to the development of a high -image community. By presenting the issues in the form of a question, clarity and focus is best achieved. Thus the issues have been catalogs as follows: 1. How can the planned community be designed to avoid the perception of crowding in the valley floor while clustering residential densities out of the hillsides? 2. How can the planned community be designed to best incorporate and preserve Horno Creek while protecting future residents and property from flooding? 3. How can that portion of the site that lies within the City redevelopment zone be designed to maximize opportunity while retaining a common theme with the golf course community? 4. How can a residential community be designed to provide open space/recreational opportunities along the valley floor while protecting the adjacent hillsides and ridgelines? 5. How can the planned community be designed to provide a distinct visual separation between this development and adjacent developments? It is this list of issues which must be responded to by goal statements. The implementation opportunities must be explored in the Objectives and Concepts. 3.2 DEVELOPMENT GOALS The planned community development plans must satisfy the issues by generating goals which can be defined. These development goals are further delineated by Specific Objectives and Implementation Concepts in Section 3.3. 1. Maintain the natural ridgeline. 2. Design development areas so that they appear to be incorporated into the natural topography when viewed from off-site. 3. Minimize disruption to the natural terrain and natural drainage ways. 4. Maximize the amount of open space in the planned community. 5. Reduce flood hazard potential to the planned community and off-site areas normally associated with the Horno Creek flood plain. 6. Preserve major stands of trees within the site. Marbella Golf & Country Club Comprehensive Development Plan 86-04 3.3 DEVELOPMENT CONCEPTS TO IMPLEMENT GOALS Goal: Objectives: Maintain natural ridgelines Restore natural looking grade lines by re -contouring where natural land formation has been altered. No grading of the prominent ridgelines. Roof lines shall not project above the ridgeline profile as viewed from the valley. Minimize the development Hillside development must be sited so as to minimize visual effects by: impact from off-site views into the planned community. Blending roof line forms to land forms. • Retention of tree stands and riparian areas. Replant graded areas as quickly as possible to eliminate views of "raw" cuts. Site homes to reinforce the dominant characteristics of the land forms. Minimize disruption of natural Site planning should respect the natural terrain by placing smaller lots terrain and drainage patterns. (higher densities) on flatter land and larger lots (lower densities) on sloping land. The grading plan should include slope contouring design techniques and shall meet the requirements of the City's Hillside Grading Ordinance. Site the lots so that the man-made elements ft the natural landscape. The cluster form may interface with the natural surface. • The land form may be bermed to screen and blend. • All manufactured slopes shall not exceed a 2:1 ratio. Top and toe of slopes shall be rounded to produce a smooth transition. Site the lots so that the man-made elements fit the natural landscape through cluster form which may interface with the natural surface; land form may be bermed to screen and blend; and all manufactured slopes shall not exceed a 2:1 ratio. Top and toe of slopes shall be rounded to produce a smooth transition. Group development wherever possible on flatter lane. Lot lines can extend into areas of steep slope though fencing may be restricted. Employ contour grading techniques to minimize alterations of land form appearance. Roads to serve development areas should have horizontal and vertical alignments which retain the land shape and character. Maximize open space within Group development to minimize the sprawl of development across the the planned community land in order to maximize land devoted to open space. Attempt to group development away from the planned community edges to allow for buffering and landscaping as land use separations. 18 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Goal: Objectives: Do not allow structural Development should be grouped outside designated flood plain to improvement within the 100- minimize hazard. year flood plain, unless adequately protected. Development should be elevated above the designated flood plain when development outside the flood plain is unfeasible. Sufficient on-site storm improvements should be constructed to reduce off-site hazards as well as on-site hazards. Preserve major stands of Existing tree stands should be respected and preserved as much as trees. possible. Tree stands should be incorporated into the golf course layout wherever feasible. Create fuel breaks with fire retardant plant materials between developed areas and the preserved coastal sage areas. Wherever existing significant trees must be removed, multiple new trees of a similar type should be planted in the same location to recreate the "natural" appearance. 4.0 THE DEVELOPMENT PLAN 4.1 CONCEPT DESCRIPTION The Marbella Golf & Country Club Planned Community is designed as a mixed use enclave in San Juan Capistrano, characterized by the development of a high -image private golf course and residential/commercial community. This community will be united through a complete and distinctive design treatment program promoting a living environment of the highest quality. As a concept, the Marbella Golf & Country Club is proposed to consist of a variety of land uses in a private planned community setting. These land uses, in concept, include single-family detached projects on individual lots, custom home building sites and small pods of attached residential projects. The Rancho Viejo Road frontage is proposed for business and/or higher density residential uses. The business category could potentially include offices, professional uses, congregate care facilities, corporate headquarters and related business, professional and service facilities. The neighborhood commercial uses could include retail and financial services, convenience services, office uses, eating and drinking establishments, congregate care facilities and theaters. The private golf course and racquet and health club will represent the community focus. Each of the primary elements of the Concept Plan, in addition to support elements, are described in subsequent discussions. An 18 -hole golf course, complete with clubhouse and racquet club, meanders throughout the valley floor and lower hillsides. Horno Creek, which weaves through much of the course, will provide a pleasing visual amenity in addition to its flood control function. A system of lakes along the creek will enhance the natural beauty of the site and assist in flood control downstream. An equestrian trail linkage along the project's perimeter connecting riders with adjacent developments and city trails completes the distinctive features of the planned community. This trail will be designed and located so as to be consistent with the City's Master Plan of Trails. 19 Marbella Golf & Country Club Comprehensive Development Plan 86-04 4.2 LAND USE FEATURES, DISTRIBUTION AND POPULATION Marbella Golf & Country Club is designed as a high -image private residential golf course community with varying housing types meeting the expressed demand for exclusive private "country club" living. The community was conceived to reflect the distinctive quality standards of the neighboring communities (Stoneridge and Hunt Club) and to integrate into the north area of the City. To achieve a compatible integration of the planned community into the planning area, a basic recognition of the design quality, amenities and uniqueness of those neighboring developments was necessary. Refer to Exhibit 8. 4.2.1 Residential Districts The residential component of the community will consist of 259 single-family detached homes on individual lots ranging in size from 4,200 square feet up to 21,000 square feet in the area. A total of 100 attached units are also proposed in two separate clusters. The land plan maximizes the opportunity to provide golf course frontage lots. Of the 215 single-family detached projects, 63% (164) have direct golf course frontage. All other lots have overviews to the golf course or other hillside, valley, mountain or harbor views. 20 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 8, Conceptual Land Use 21 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Custom Fairway Estates (CF): Custom Fairway Estates consist of lots having a minimum of 6,000 square feet in area along the golf course frontage. The lots (44 in all) generally range from 6,000 square feet to 16,000 in area. These custom fairway estate lots are concentrated adjacent to Fairways 8 and 6. These estates are intended for individual lot sales, following the architectural guidelines established for the project. However, market conditions or other factors may provide for the development and sale of homes on these lots by the developer or other builders. Fairway Residential (FR): The remaining 215 single-family lots (Fairway Residential) are contoured on the slopes to provide overviews to the golf course and community amenities in the foreground and distant city and harbor views. These lots are a minimum of 4,000 square feet in area and are grouped in clusters from 7 to 46 units per cluster. The Villas - Multi -Family (MF): The Villas are two medium density cluster units located adjacent to the clubhouse facilities and overlooking the 8th Fairway. These 100 units are townhome dwellings sited to view directly onto either the golf course or onto the racquet club complex. Residents of these dwellings will be within easy walking distance to the clubhouse. 4.2.2 Commercial Office (CO) A -single Two parcels in the southwestern GGFne portion of the project site, adjacent to Rancho Viejo Road are designated as Commercial Office. Totaling 5.86 acres, one parcel is located north of Golf Club Drive and south of Endevco, and the other parcel is located at the northwest corner of Rancho Viejo Road and Golf Club Drive. Access to the both parcels is from Rancho Viejo Road. No direct access to the golf community will be allowed. Potential uses for the Commercial Office site include general office (business, professional and similar uses), public and semi-public buildings, services and facilities (excluding schools, police stations, fire stations, etc.), corporate headquarters and similar large space users, and other appropriate retail service and offices. Full -care retirement facilities and residential uses may be allowed provided they incorporate the entire site. 4.2.3 Neighborhood Commercial A 7.7 -acre site located between Rancho Viejo Road and Interstate 5, across from the community entry, has been designated Neighborhood Commercial, The Neighborhood Commercial site is intended to provide for small-scale convenience retail shopping and services appropriate to the surrounding neighborhoods. Uses may include convenience retail and services, medical and dental offices and incidental eating establishments. The intensity of uses will be determined by the square footage of uses, their traffic generation factors and allowable traffic volumes, pursuantto the Marbella EIR. 22 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Table 1, Statistical Summary LAND USE DU's ACRES POP. EST.* Custom Fairway Estates (CF) 44 9.5 167 Fairway Residential (FR) 215 47.0 817 The Villas Multi -Family (MF) 100 7.49 310 Sub -Total 359 63.99 1294 Neighborhood Commercial (CN) 7.7 Commercial Office (CO) 2445.86 Sub -Total 10.11 13.56 4& Natural Open Space (OS) 94-.792.85 Golf Course (GC) 135.6 Clubhouse/Raquet Club © 7.9 Sub -Total 239 8 236.35 Roadways 15.3 TOTAL 359 329.2 1294 (* City of San Juan Capistrano Municipal Code (Section 9-4.304) assumes a population per household of 3.8 for single-family dwellings (a), 3.1 for townhomes (b).) 4.2.5 Open Space Districts Golf Course (GC): The key amenity planned for the community is a private 18 -hole golf course. The 136 acre course is envisioned as a 6,800+ yard championship -caliber facility. The course is laid out in such a manner as to weave among the various residential neighborhoods, providing maximum open space on the valley floor and maximizing residential fairway frontage and views. Additionally, Horno Creek is planned as a complementing visual/open space feature adjacent to and often part of the golf course design. Lastly, an 8 -acre clubhouse and racquet club complex is planned to provide an activity hub for the club members. Natural Open Space (OS): Clustering of the residential community and the siting of the golf course on the valley floor results in the preservation of greater open space on the prominent hillsides and ridgelines. A total of approximately 92 93 acres is preserved as Natural Open Space. Particularly, the knoll known as Helicopter Hill has been retained in its existing condition. Access to this significant vista point will be possible by means of planned equestrian trail linkages. This Natural Open Space district encompasses most of the coastal sage areas identified in the EIR. 23 Marbella Golf & Country Club Comprehensive Development Plan 86-04 4.3 CIRCULATION Marbella Golf & Country Club is proposed to be a private gated community with access from Rancho Viejo Road. The interior street system is designed as a circulation loop for easy vehicular access throughout the community. To incorporate the natural theme and open spaces of the development, a rural street design is proposed. All streets will be designed and constructed to City of San Juan Capistrano standards although their ownership will be commonly held by the future community association. The street sections will be rural in design with a 30 -foot right-of-way for single loaded streets and 38 -foot wide sections for double loaded streets. A maximum cul-de-sac length of 900 feet is proposed. Streets in excess of this distance will be connected to other streets by means of emergency access paths. Refer to Exhibits 9 and 10. The Marbella Golf & Country Club circulation system incorporates maximum proposed grades of 11 % and a minimum centerline curve radius of 250 feet. 4.4 OPEN SPACE, RECREATION AND TRAILS The majority of the 327 -acre Marbella Golf & Country Club will be in open space. This includes approximately 92 93 acres of natural open space and 142 acres of golf and recreation. Open space accounts for over 71 % of the total site area. The City's General Plan encourages clustering of residential uses to provide as great an open space component as possible and to minimize potentially negative visual effects, i.e., sense of overcrowding, excessive hillside grading, etc. The Marbella Golf & Country Club concept attempts to maximize the preservation of natural open space and significant natural features. The primary natural features, as described in Section 2.2, The Setting, include Helicopter Hill, the ridgeline, the existing eucalyptus groves, the riparian corridor and Horno Creek. 4.4.1 Ridgeline By means of residential and recreational clustering and development within the lower slopes and the valley floor, the ridgeline has been preserved in its natural state. Helicopter Hill offers a unique vista of the City and of the Capistrano Valley. This vista point will be accessible by means of the planned equestrian/hiking trail passing along the ridgeline. 4.4.2 Tree Stands Several eucalyptus groves and dry woodland stands are located on the ranch property, primarily in the center of the property adjacent to Horno Creek, and along portions of the northern and eastern boundaries. These existing windrows provide an excellent visual separation between the Marbella site and adjacent properties, i.e. Stoneridge, The Hunt Club and Honeyman, and a backdrop with which the Marbella Community can be framed. The existing eucalyptus windrows along the eastern edge of the community will be preserved. The eucalyptus groves located in the central portion of the property provide a visual contrast with the existing grasslands in the valley and hillside. This stand of eucalyptus trees includes approximately 165 24 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 9, Circulation Plan 25 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 10, Street Cross-sections 26 Marbella Golf & Country Club Comprehensive Development Plan 86 - mature trees, most of which are 35 to 40 feet in height. The eucalyptus stand will be preserved as much as possible by the development plan. A few trees will be removed to accommodate the 17th green, but the majority of these trees will be preserved and incorporated into the golf course layout. Refer to Exhibit 11. 4.4.3 Horno Creek Horno Creek provides a special visual and open space character to the community. As previously described in The Setting section, Horno Creek supports a narrow riparian community along its drainage corridor. Due to the intermittent flows in the creek and exposure to cattle and agricultural activities, the northern portion of Horno Creek has been badly compacted and silted, whereas the central and southern portion of the creek is more lush in appearance and habitat. In addition to supporting a riparian habitat, Horno Creek provides a channel for significant off-site drainage and establishes the pattern for the 100 year flood plain. The banks of the creek are unable to contain the 100 -year flood waters, however, and the flood plain covers a considerable portion of the valley floor. The preservation of Horno Creek is a high-priority objective, as described in the Development Issues and Goals section. Whenever possible, Horno Creek has been maintained in its natural creek bed. However, due to the significant drainage flows across the property and the potential hazard of flooding both on-site and off-site, two-thirds of Horno Creek will need to be redesigned to accommodate flood control standards. Also, widening of the valley floor to accommodate the championship golf course has resulted in the need to fill much of the existing creek bed and redesign the Horno Creek alignment. However, the most visible southern one-third of Horno Creek will be preserved in its natural condition. This portion of Horno Creek has been identified in the Marbella Draft EIR as the area which has experienced the least alteration from past farming and ranching activities. It is also the portion of the property which is most visually prominent from Rancho Viejo Road and Interstate 5. The remaining portion of Horno Creek will be aligned and incorporated into the golf course design. The new creek alignment will be landscaped in a manner designed to recreate the riparian community along the creek. 4.4.4 Golf Course The chief recreational amenity of the Marbella Golf & Country Club is the private 18 -hole golf course that has been carefully planned to allow maximum exposures and views. The 136 -acre golf course is of championship play with the 18 holes covering over 6,800 yards in length. The course maximizes opportunities to use the site's varying terrain to provide a challenging recreation experience. The par 36 front nine plays along the south valley, gradually making its way up in elevation to a finishing long par 4 hole downhill to the clubhouse. The par 36 back nine takes advantage of elevation changes in the north valley to provide unique and challenging play featuring a number of elevated tees. Many of the 18 holes offer challenging lakes and other water hazards. The two preserved existing tree stands and the recreated Horno Creek present interesting and challenging natural features in the course design. The golf course will radiate out from the 8 -acre clubhouse complex. The clubhouse itself will be a 30,000 to 40,000 square foot, two-story building, while the ancillary buildings, pavilions for the tennis/swim area, snack bar and cart storage, will total 5,000 to 7,000 square feet in space. The main clubhouse building will include a variety of appropriate uses, such as dining rooms and grills, lounges, private meeting rooms, pro shop, and health, exercise and locker facilities. Architecturally, all buildings and structures within the clubhouse complex will be one or two stories in height and derived from Spanish -Mediterranean architecture. The dominant materials will be stucco and tile roofs in a form inspired by the original Marbella in Spain, ratherthan a copy of any single style. 27 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 11, Tree Preservation 28 Marbella Golf & Country Club Comprehensive Development Plan 86- 4.4.6 Trails The Marbella Golf & Country Club attempts to implement the City's Master Plan of Trails with some alteration to the precise equestrian trail alignments to avoid incompatible land uses and/or topography. Refer to Exhibit 12. Rather than moving directly through the residential and golf uses, the existing Hunt Club equestrian trail has been incorporated into the Trail Plan, wrapping around the perimeter of the golf course so riders can be more safely separated from the automobile traffic and golf players. Also, this alignment provides gentler gradients for the equestrian trail to follow. Existing problem areas on the Hunt Club trail will be resolved to the City's satisfaction with the cooperation of the Hunt Club. The trail will lead to Helicopter Hill as provided by the Master Plan, and then followthe Master Plan trail north into Stoneridge. Additionally, a feeder trail extends from Helicopter Hill, behind Endevco to Malaspina Road. The southerly branch of the Master Plan trail extends from the existing Hunt Club trail to Rancho Viejo Road. One segment of the proposed trail follows the top of the existing slope rather than the toe, as shown on the Master Plan. This alteration is to create greater separation from automobile traffic and to provide greater elevation and views onto the Marbella community. All trails will be dedicated for public use and will be constructed to City specifications within a 20 -foot right-of-way. The trails throughout the property will be framed on the sides by the split -rail fencing used throughout the City, per the Municipal Code standards. In addition to the equestrian trails, a separated bike path will be constructed through the community. The proposed bike path will start from Stoneridge on the north, follow the emergency access drive to the internal commuter street and go south directly to Rancho Viejo road. From there, the bike trail will connect to the existing striped bike trails along Rancho Viejo Road and ultimately the City-wide bicycle system. 4.5 INFRASTRUCTURE AND SUPPORT SYSTEMS These features of urbanization classified as infrastructure and support systems typically refer to water, sewer, drainage and utilities. 4.5.1 Water Capistrano Valley Water District will be the source of domestic water to the Marbella Golf & Country Club and currently provides service to developments surrounding the property. Currently a 14 -inch and 16 -inch water main exist in the San Diego Freeway right-of-way. This source is expected to adequately supply residential and commercial development within the Marbella community. Waterfor the golf course irrigation will come from non -potable wells existing along San Juan Creek and, potentially, from existing on-site wells. A conceptual layout of a backbone water system for the development is shown on Exhibit 13. 4.5.2 Sewer An 8 -inch sanitary sewer main currently exists in the Rancho Viejo Road right-of-way and will be used to connect to the City's system. This system is maintained by the City of San Juan Capistrano and is ultimately treated at the South East Regional Reclamation Authority (SERRA) plant. The Marbella sewer system will extend an 8 -inch sewer line to Stoneridge at the Horno Road location. A conceptual layout of a proposed backbone sewer plan for the development is contained in Exhibit 14. 29 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 12, Trails 30 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 13, Water 31 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 14, Sewer 32 Marbella Golf & Country Club Comprehensive Development Plan 86-04 4.5.3 Storm Drainage The proposed storm drainage system and improvements within the Marbella community will comply with all City and County storm drain standards. Residential and commercial storm flows will be carried on to the local street system to catch basins and then into the underground storm drain system, or will surface flow into the golf course's lakes and water features. Horno Creek will act as the primary flood control facility and will be designed to meet all Orange County Flood Control District hydrology criteria and standards. Hydrology analysis calculates the need for Horno Creek to carry up to 3,470 cubic feet per second (cfs) in a 100 -year storm after project construction. To accommodate this flood control requirement, as well as the golf course layout, the northern portion of Horno Creek will be realigned and reconstructed as a landscaped channel. The basic design calls for a 30 -foot wide base and 7 -foot high walls at 2:1 slopes. The actual design will vary in base width, height of walls and ratio of slopes to best incorporate the golf course design and to create a visually appealing feature. One segment of the creek to the north will be contained in a buried rectangular multi -plate concrete box. The creek bed appearance will be visually recreated and landscaped on top of the box structure. In the southern portion of the property, storm flows will be carried within the existing Horno Creek. Further hydraulic calculations will be prepared to determine the need for further improvements to avoid off-site flooding due to the project construction. Refer to Exhibits 15 and 16. 4.5.4 Utilities The supply source of electrical services to the project would be from San Diego Gas & Electric. Gas will be provided by Southern California Gas Company. Electrical and gas lines currently exist in the Rancho Viejo right-of-way. A 5 -foot wide easement will be provided behind the street curb to accommodate utilities. 4.6 PRIMARY DESIGN TREATMENT The Marbella Golf & Country Club is designed to project the highest quality of image blending into the environment by interfacing with the natural open space enclosing the valley and with the riparian appearance of Horno Creek as it meanders through the site. Marbella is designed to be a significant natural, recreational and architectural feature of San Juan Capistrano and a source of pride for the entire community. The overall appearance of Marbella will be that of an Old World village, blending into the natural terrain of Horno Creek Valley. The focus of the Marbella community is the 18 -hole championship golf course. The golf course has been integrated as much as possible with the site's natural features and is itself the feature around which the entire community has been designed. Covering nearly 136 acres and playing over 6,800 yards in length, the golf course is the largest and most dominant feature on the property. Therefore, its design is critical to the entire community image. The course, as it is envisioned and conceptually planned, will be extensively landscaped with appropriate trees, shrubs and grasses as well as incorporating some existing mature trees. Existing land forms and vegetation have been retained as much as is feasible for the golf course to provide distinctive topography, water and landscape hazards within the course. The riparian image of Horno Creek will be recreated to provide a unique character to the course design. Numerous water features, small lakes and the creek bed are incorporated into the course layout and design. All open space transition zones will be treated and maintained through the Master Homeowners' Association using materials designed to project an image of rural open countryside that lends into the natural open space of the surrounding hills. 33 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 15, Storm Drainage 34 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 16, Horno Creek Cross-sections W Marbella Golf & Country Club Comprehensive Development Plan 86-04 An equestrian trail linkage between adjacent developments is proposed for the Planned Community. It is to be designed as per City standards and is to incorporate common materials and treatments as those of its neighboring development equestrian trails in order to provide a common -theme environment. The architectural image for the clubhouse area is inspired by the original Marbella in Spain. Rather than copy a single design theme, buildings will incorporate the forms and characteristics of old Marbella. 4.6.1. Architectural Review The architectural review procedures for all residential and non-residential projects shall conform to Section 9-2.305 of the Municipal Code and Sections of 5.2.5 and 5.2.6 of this PC document. No building construction shall be permitted within the PC boundaries without prior City approval. 4.7 GRADING CONCEPT The re -grading of much of the Marbella site will be necessary primarily to accommodate the golf course to the site. Generally, grading activities within the Marbella property are necessary for one of three purposes: 1) to reshape existing land forms to accommodate the golf course; 2) to mitigate identified geologic and soils problems to minimize safety hazards; and 3) to accommodate roads and building pads. All grading design will conform to recommendations of the appropriate geology and soils reports. Refer to Exhibit 17, Conceptual Grading Plan. 4.7.1 Golf Course The design criteria which most determined the grading concept is the golf course design criteria. The design criteria established for the Marbella Golf & Country Club championship course is as follows: Grades Tee to Green: Landing Areas and Greens: Cross Slopes: Fairways: Landing Areas: Greens: Tees: Parallel Fairways: Widths/Buffers Maximum 10% uphill Maximum 12% downhill Maximum 5% Maximum 5.5% Maximum 4% Maximum 4% Maximum 1% No elevation difference greater than 30 feet. Tee Areas: No less than 150 feet width Landing Areas: No less than 300 feet width Fairways: Average 180 feet width Greens: No less than 250 feet width Buffers: No less than 10 feet (from width to pad/road) 36 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 17, Conceptual Grading Plan 37 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Lengths Par 3's (men's): 170 to 220 yards Par 4's (men's): 315 to 460 yards Par 5's (men's): 485 to 590 yards Distance between Green and Next Tee: Maximum 400 feet Course Length: Tournament: 6,800 yards Championship/men's: 6,600 yards Club: 6,000 yards Front/women's: 5,400 yards The end result of the golf course criteria is the need to widen the natural valley floor thereby increasing its acreage from approximately 95 acres to over 140 acres. Since much of the valley area is naturally greater than 10%, the golf course design required the filling of much of the valley floor and some cutting along the hillsides to reduce design slopes to less than 10% or less than 5% for cross slopes. The grading concept for the golf course results in a topography gently climbing from the valley floor up along the hillside slopes. In filling the valley floor for the golf course, the northern portion of Horno Creek will also be filled with earth. A new creek bed will be sculptured and landscaped into the site in as natural appearance as possible wherever the existing Horno Creek cannot be maintained. The existing topography encompassing the central eucalyptus grove will be maintained in order to preserve the grove as much as possible and incorporate the trees into the golf course design. Major eucalyptus stands bordering Stoneridge and along the Horno Creek back from Rancho Viejo Road will also be preserved and incorporated into the golf course. Refer to Exhibit 17. 4.7.2 Helicopter Hill Helicopter Hill is a significant visual element within the Marbella community and surrounding neighborhoods. It provides both a visual backdrop for the Marbella community and a visual buffer between Marbella and Mission Hills Ranch and portions of Stoneridge. Cuts and fills along the lower portions of Helicopter Hill will be required for the golf course, the interior loop street and residential pads. As a City -designated major ridgeline, Helicopter Hill will be preserved in conformance with the City's Hillside Development Ordinance. Contour grading with smooth transitions between cut/fill slopes and natural area will be employed. 5.0 LAND USE AND DEVELOPMENT REGULATIONS 5.1 PURPOSE AND INTENT The purpose of these regulations is to provide for the coordinated development of the Marbella Golf & Country Club Planned Community so as to maximize the quality of life for future residents of the project in concert with the natural site characteristics and with the City's General Plan. The regulations of this district are intended to provide for the use and development of this property in conformance with this CDP, while ensuring substantial compliance with the spirit, intent and provisions of the City of San Juan Capistrano General Plan and Land Use Management Code. These land uses shall include single-family and multi -family residential development, business, commercial, recreation and open space uses. The Planned Community Regulations set forth in this chapter are adopted pursuant to Section 9- 3.410 of Title 9 of the Municipal Code. Any reference in this overall Comprehensive Development 38 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Plan to said Municipal Code shall be considered to mean Ordinance #293 as amended, or any ordinance subsequently adopted to supersede Ordinance #293. 5.2 PLANNED COMMUNITY NOTES AND CONDITIONS 5.2.1 Code Compliance Notwithstanding any provision of this CDP, no construction shall be permitted within the designated Planned Community District unless such construction fully complies with the requirements of the Building Code and all related construction codes adopted by the City of San Juan Capistrano for general applicability. 5.2.2 Issues Not Addressed The provisions of the CDP shall govern all land use and development within the designated PC area. However, in cases where a land use or development regulation issue is not addressed in this CDP, the appropriate section of the City of San Juan Capistrano Land Use Code (LUC) shall regulate. 5.2.3 Preservation of Open Space Areas Areas designated for permanent open space within the Planned Community, as defined in Exhibit 18 of this CDP, cannot be built upon, graded (except for road or trail purposes) or in any way modified in a way which will change its natural appearance. This provision is applicable whether such open spaces are owned in common by the homeowners' association or have been subdivided as part of residential lots. 5.2.4 Conditions, Covenants, & Restrictions The CC&R's for the Planned Community shall be prepared to include a lot plan foreach custom home site depicting the permitted area for site development construction. This shall be a general depiction with lot -specific development proposals to be submitted for architectural committee approval as to consistency with the intent of the CC&R's. 5.2.5 Non -Residential and Multi -Family Residential Projects Non-residential and multi -family residential projects shall be processed generally in the following sequence: 1. Site Development Plans (Planning Commission) 2. Tentative Tract or Parcel Maps (City Council) 3. Site Development Plans (Design Review Committee) 4. Final Tract or Parcel Maps (City Council) 5. Site, Building, Landscape, Grading and other Working Drawings 6. Improvement Plans (City Engineer) Architectural elevations shall be designed in conformance with the City's adopted Architectural Design Guidelines. The detailed content and procedures for each stage within the sequence shall be as set forth below: 5.2.6 Residential Projects 5.2.6.1 Procedures Marbella Golf & Country Club Comprehensive Development Plan 86-04 Plans for all residential projects not subject to Section 5.2.5 shall be reviewed and approved generally in the following sequence: A. Residential Concept Plan B. Tentative Tract Map C. Final Tract Map D. Improvement Plans (Public Facilities), Grading and Building Permits The detailed content and procedures for each stage within the sequence shall be set forth below: 5.2.6.2 Residential Concept Plans Residential concept plans for each subject residential project within the PC shall be reviewed and approved by the Planning Commission prior to or concurrently with tentative tract maps. The following information shall be included in each residential concept plan: A. A conceptual site and grading plan showing the following • Lot layout and/or building footprints. • Circulation system showing all existing and proposed streets and highways, street widths, approximate grades and approximate radii of curvature. • Preliminary grading plan, showing existing contours and proposed approximate final contours of elevations. Contours of all terrain within 200 feet of the area boundary shall also be shown. • The locations of existing and proposed easements and public utilities. • The location and disposition of all existing structures within the area (with notes whether to be preserved or removed) or within 200 feet of the area boundary. • The location, size and nature of all support facilities (such as parks, recreation facilities, school sites, fire stations, RV facilities, etc.). • Identification of natural features such as significant trees, drainage courses, rock outcroppings, etc. B. Architectural design concepts indicting general building types, form and scale materials, colors, textures, outdoor lighting, architectural details and graphics. C. A conceptual landscape plan for the entire area indicating the general pattern and location of landscaped areas including types of plant material. D. Other information as may be required for review of a particular concept plan as determined by the EA (such as geotechnical studies, hydrology information, etc.). Approval of any residential concept plan shall be based upon findings by the City that said plan is consistent with the Comprehensive Development Plan, the General Plan and applicable requirements of State law. 5.2.6.3 Tentative Tract Map 40 Marbella Golf & Country Club Comprehensive Development Plan 86-04 Tentative maps shall contain the information specified in Title 9, Chapter 4, Article 5 of the Municipal Code. Such maps shall be reviewed and approved in accordance with Section 9- 2.304 and other applicable sections of the Municipal Code. No tentative map shall encompass an area greater than that of its governing residential concept plan. Approval of any tentative map shall be based upon findings by the City that said map is consistent with its governing residential concept plan, the comprehensive development plan, the City's General Plan and the requirements of State law. 5.2.6.4 Final Tract Map Final tract maps shall be processed, reviewed and approved in accordance with Title 9, Chapter 4, Article 6 of the Municipal Code. 5.2.6.5 Improvement Plans Improvement plans shall be processed, reviewed and approved in accordance with Section 9-4.701 of the Municipal Code. 5.2.6.6 Grading and Building Plans Grading and building plans shall be processed, reviewed and approved in accordance with Title 9, Chapter 4, Article 4 of the Municipal Code. 5.2.7 CDP Amendments The planned community regulations are an integral part of the overall comprehensive development plan. Amendments to the regulations of the planned community shall be as per Section 9-3.410 C.3 of the Municipal Code. 5.2.8 Variances The processing of zone variance applications shall be in accordance with Section 9-2.4 of the Municipal Code. 5.2.9 Exceptions Minor exceptions to numerical development standards set forth in Section 5.3 of this Comprehensive Development Plan may be approved by the City in conjunction with the residential concept plan orthe site development plan without the processing of a zone variance. Such minor exceptions may be approved only when all of the following conditions apply: 1. All dimensional or percentage requirements of Title 9, Chapter 3 of the Municipal Code orthis planned community shall be met, with a maximum of 10% adjustment to required minimums or maximums. 2. Minor exceptions may be approved only for residential development projects and only in conjunction with approval of a residential concept plan or site development plan. 3. No more than 10% of the dwelling units may benefit from the granting of a minor exception. 4. The approving body must make all of the following findings 41 Marbella Golf & Country Club Comprehensive Development Plan 86-04 A. That the minor exceptions are necessary for the project to meet the spirit and intent of the General Plan. That the overall quality of the project would be less if the minor exceptions are not granted. The purpose of this section is to ensure design creativity and innovation within residential development projects in this planned community. 5.2.10 Permits The processing of applications for signs, tree removal permits and model home complexes shall be in accordance with Section 9-2.307, 9-2.308 and 9-2.310 respectively of the Municipal Code and with other applicable regulations. 5.2.11 Fees Fees and bonds for plan processing, inspection, construction and other applicable items shall be imposed in accordance with Section 9-2.317 of the Municipal Code. 5.3 DISTRICT REGULATIONS 5.3.1 General Notes 5.3.1.1 Applicability These District Regulations specify the land uses permitted within development areas and open space areas covered by this Comprehensive Development Plan. In addition, numerical standards for land sizes are also specified. 5.3.1.2 Base District Regulations The regulations set forth in this article for each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided. The following general restrictions shall apply: A. No building, structure or land shall hereafter be used or occupied and no building shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. B. No building or structure shall hereafter be erected or altered: (1) To exceed the maximum height, bulk or ground area permitted in this chapter. (2) To accommodate or house a greater number of families than are permitted in this chapter. (3) To cause a reduction in the project open area below the minimum required in this chapter. (4) To have narrower or smaller rear yards, front yards, side yards or other open spaces than required in this chapter. 42 Marbella Golf & Country Club Comprehensive Development Plan 86-04 C. No part of a yard, other open space or off-street parking space provided for any given building within the planned community shall be considered as satisfying any yard, other open space or off-street parking space required for any other building except as specifically provided for in this CDP. 5.3.1.3 Uses Not Identified in Base District Regulations The Director of the Planning Department has the authority and responsibility to review uses not listed in this section. A proposed unlisted use may be permitted as a principal or conditional use if the Director of the Planning Department determines that the use falls within the purpose and intent of that base district, is of a comparable nature to the principal or conditional uses specified as permitted in that district and will not be detrimental to property in the vicinity of said use and is not already listed as a permitted use in another zoning district within the planned community. 5.3.1.4 Environmental Management Districts The planned community shall be subject to all Environmental Management District Regulations set forth in Title 9, Chapter 3, Article 5 of the Municipal Code. These overlay districts will be combined with the base districts in the same manner as for Municipal Code, Title 9, Base Districts. 5.3.1.5 Base Districts Base districts within the Marbella Golf & Country Club Planned Community are listed as follows and shown on Exhibit 18. CF - Custom Fairway Residential District FR - Fairway Residential District MF - The Villas Multi -Family Residential District CN - Neighborhood Commercial District CO - Commercial Office GC - Golf Course District OS - Open Space District IP - Public Institutional District 5.3.2 Residential District Regulations 5.3.2.1 Conformance and Review All development shall conform to the CDP and other applicable regulations of the Municipal Code. Plans for residential development shall be reviewed through the City's development review process as set forth in Section 9-2.305 of the Municipal Code and through the composite development plan process as set forth in Section 5.3.2 of this CDP. 5.3.2.2 Composite Development Plans All residential projects shall be required to submit a composite development plan. The composite development plan shall include the following information and shall be reviewed according to the following provisions: A. Concept landscape plan for all common slope areas, street tree master plan and plant palettes for landscaping individual homes. B. Concept building elevations for all residential units, including submission of a building material and color sample board. 43 Marbella Golf & Country Club Comprehensive Development Plan 86-04 C. Preliminary grading plan. 0. Access way features, including special street light fixtures, street furniture and typical patio covers, fences, walls, et., that would be standard features of the development. E. Said plans shall be subject to Planning Commission review and approval prior to approval of any final residential subdivision maps. 5.3.2.3 Supplementary District Regulations Fencing, swimming pools and similar items shall conform to Title 9, Chapter 3, Article 6 of the Municipal Code. All such items shall require approval by the Architectural Committee prior to review by the City. 44 Marbella Golf & Country Club Comprehensive Development Plan 86-04 insert Exhibit 18, Planned Community District Zones 45 Marbella Golf & Country Club Comprehensive Development Plan 86-04 5.3.2.4 Height of Accessory Structures The City may approve the construction of accessory structures not to exceed 25 feet in height. 5.3.2.5 Architectural Committee A Homeowners' Association Architectural Committee shall be created to review and approve all structural, landscaping and fencing improvements. The organization, legal authority, duties and obligations for such homeowners' associations shall be set forth in a set of Codes, Covenants and Restrictions (CC&R's). 5.3.2.6 Alterations to Structures Structures approved by the City during the development review process shall not be altered unless such alteration has received prior approval by the Architectural Committee and the City (in that order). Proposed solar panels and systems shall be integrated with the architectural design of the structure. 5.3.3 Custom Fairway ("CFR") Residential District Regulations 5.3.3.1 Purpose and Intent Land designated for this type of residential use is intended for the development of single- family detached custom lots fronting directly onto the golf course. 5.3.3.2 Principal Uses and Structures. Single-family residences, detached. Parks, public and private. 5.3.3.3 Accessory Uses and Structures. Home occupation in compliance with Section 9-3.611 of the Municipal Code. Accessory uses and structures incidental to the operation of a permitted use. All accessory uses and structures shall be reviewed by the homeowners' association prior to City review and approval. 5.3.3.4 Temporary Uses. Model homes, temporary real estate offices and signs within subdivisions subject to Section 9-2.310 of the Municipal Code. Real estate signs and future development signs subject to the requirement of Section 9-3.603 of the Municipal Code. 5.3.3.5 Development Standards. • Minimum lot size: 6,000 sq. ft. • Minimum street frontage: 60 ft. • Minimum cul-de-sac street frontage: 35 ft. • Minimum front yard: 20 ft. • Minimum side yards: min. 5 ft. each and total of 15 ft. (Note: Minimum setbacks may be increased to a maximum of 20 feet at the discretion of the Planning Commission during site plan review for custom lots). • Minimum rear yards 25 ft. 46 Marbella Golf & Country Club Comprehensive Development Plan 86-04 • Minimum open per MC 9-3.424: 30% • Maximum height: 35 ft./2 stories 5.3.4 Fairway Residential ("FR") District Regulations 5.3.4.1 Purpose and Intent Land designated for this type of residential use is intended for the development of conventional single-family detached homes which offer direct views and overviews to the golf course. 5.3.4.2 Principal Uses and Structures. Single-family residences detached. Parks, public and private. 5.3.4.3 Accessory Uses and Structures. Home occupation in compliance with Section 9-3.611 of the Municipal Code. Accessory uses and structures incidental to the operation of a permitted use. All accessory uses and structures shall be reviewed by the homeowners' association prior to City review and approval. 5.3.4.4 Temporary uses. Model homes, temporary real estate offices and signs within subdivisions subject to Section 9-2.310 of the Municipal Code. Real estate signs and future development signs subject to the requirement of Section 9-3.603 of the Municipal Code. 5.3.4.5 Development standards • Minimum lot size: 4,000 sq. ft. • Minimum street frontage: 50 ft. • Minimum cul-de-sac street frontage: 35 ft. • Minimum front yards 20 feet; provided that within Tract 14181, attached, single -story, side -loaded garages may be setback as follows for the indicated lots (per the precise grading plan): • Minimum side yards: • Minimum rear yards • Minimum open area: • Maximum height: 47 Lot 02 10 feet. Lot 03 10 feet. Lot 04 15 feet. Lot 07 15 feet. Lot 22 12 feet. Lot 23 15 feet. Lot 24 15 feet. Lot 27 15 feet. min. 5 ft. each and total of 15 ft. 20 ft. 25% 35 ft., 2 stories Marbella Golf & Country Club Comprehensive Development Plan 86-04 5.3.5 The Villas Multi -Family ("VM") District Regulations 5.3.5.1 Purpose and Intent Land designated for this type of residential use is intended for the development of multi -family housing units. 5.3.5.2 Principal Uses and Structures. Dwellings, multi -family. Parks, public and private. 5.3.5.3 Accessory Uses and Structures. Home occupation in compliance with Section 9-3.611 of the Municipal Code. Accessory uses and structures incidental to the operation of a permitted use. All accessory uses and structures shall be reviewed by the homeowners' association prior to City review and approval. 5.3.5.4 Temporary Uses. Model homes, temporary real estate offices and signs within subdivisions subject to Section 9-2.310 of the Municipal Code. Real estate signs and future development signs subject to the requirement of Section 9-3.603 of the Municipal Code. 5.3.5.5 Development Standards. • Minimum lot size • Minimum street frontage • Minimum front yards • Minimum side yards • Minimum rear yards • Minimum building separation • Maximum height of structures • Minimum setbacks: Not applicable 50 ft. 20 ft. 5 ft. 5 ft. 10 ft. 35 ft./2 stories per site development plan 5.3.6 Neighborhood Commercial ("NC") District Regulations 5.3.6.1 Purpose and Intent To provide neighborhood scale retail shopping, services and limited office and possible congregate care facilities and theaters. 5.3.6.2 Principal Uses and Structures. • Convenience retail sales, i.e. groceries, baked goods, pharmaceuticals, meats, jewelry, flowers, stationery, liquor and apparel. • Convenience services, i.e. cleaning, laundromats, barber and beauty shops. • Financial services, i.e. banks, savings and loans, credit unions. • General office uses, i.e. business, professional, real estate, etc. • medical and dental offices to a maximum of 3. • Eating and drinking establishments. 48 Marbella Golf & Country Club Comprehensive Development Plan 86-04 5.3.6.3 Conditional Uses and Structures. Hardware, paint, floor and wall covering shops. Bicycles. Hotel facilities and incidental facilities related to said use. 5.3.6.4 Accessory Uses and Structures. Outside sales, displays and storage in compliance with Section 9-3.616 of the Municipal Code. Accessory uses and structures incidental to the operation of a permitted use. All accessory uses and structures shall be reviewed by the Property Management Association prior to City review and approval. 5.3.6.5 Temporary Uses. Real estate signs and future development signs subject to the requirement of Section 9-3.603 of the Municipal Code. 5.3.6.6 Development Standards. • Minimum lot sizes: 7,200 sq. ft. • Minimum street frontage: 100 ft. • Minimum front yards: 20 ft. • Minimum side yards: 20 ft. • Minimum rear yards: 20 ft. • Minimum open area: 20% • Minimum height: 35 ft./2 stories • Maximum combined leasable floor area shall not exceed 3,600 ADT in combination with site. 5.3.7 Commercial Office ("CO") District Regulations 5.3.7.1 Purpose and Intent. Land designated for this type of commercial use is intended for the development of professional office complexes and support services. 5.3.7.2 Principal Uses and Structures. • General office uses, including professional, medical, dental and business. • Financial and real estate services. • Public and semi-public uses, excluding schools, police, etc. • Business, vocational and professional schools. • Conference facilities. • Retail sales. 5.3.7.3 Conditional Uses and Structures. Eating establishments and restaurants. Full -care retirement facilities and residential uses may be permitted provided such use incorporates all of the Specific Plan Development District. Hotel facilities and incidental facilities related to said use. Cp] Marbella Golf & Country Club Comprehensive Development Plan 86-04 Residential uses including apartments/multi-family townhomes/single-family detached. Density and ultimate site development shall be approved in accordance with Section 5.2.5. 5.3.7.4 Accessory Uses and Structures. Caretaker residences in compliance with Section 9-3.612 of the Municipal Code. Accessory uses and structures incidental to the operation of a Permitted use. All accessory uses and structures shall be reviewed by the Property Management Association prior to City review and approval. 5.3.7.5 Temporary Uses. Temporary real estate offices and signs within subdivisions subject to Section 9- 2.310 of the Municipal Code. Real estate signs and future development signs subject to the requirement of Section 9-3.603 of the Municipal Code. 5.3.7.6 Development Standards. • Minimum lot size: Not applicable • Minimum street frontage 100 ft. • Minimum front yards 20 ft. • Minimum side yards 20 ft. • Minimum rear yards 20 ft. • Minimum percentage of open area; 20% • Maximum height of structures 35 ft./2 stories • Maximum combined leasable floor area shall be determined by the specific use and shall not exceed 3,600 ADT in combination with the "CN" site. 5.3.8 Public Institutional ("PI") District Regulations 5.3.8.1 Purpose and Intent To accommodate a restricted range of public institutional uses. 5.3.8.2 Principal Uses and Structures Permitted Fire station. Community center, cultural center. 5.3.8.3 Development Standards Building site area per the approved site plan. Building setbacks per the approved site plan. Building height 35 ft./2 story maximum. 5.3.9 Golf Course ("GC") District Regulations 5.3.9.1 Purpose and Intent Land designated for this use is intended for the development of sport and recreational opportunities and facilities for club members and guests. 6111 Marbella Golf & Country Club Comprehensive Development Plan 66-04 5.3.9.2 Principal Uses and Structures. Recreation and sports facilities which focus on active recreational uses. Such uses include private golf course, racquet clubs, tennis facilities, swimming pools, health and spa facilities. Riding and hiking trails. 5.3.9.3 Accessory Uses and Structures. As indicated in the Private Recreation (PR) District regulation, Section 9-3.419 of the Municipal Code. 5.3.9.4 Conditional Uses and Structures Permitted Dancing and live entertainment. Beer, wine and liquor licenses, on -sale, for alcohol consumed on the premises. Eating establishments for food consumed in principal permitted use. Retail sales. 5.3.9.5 Development Standards Building site area per the approved site plan. Building setbacks 20 ft. Building height 35 ft./2 story maximum 5.3.10 Open Space ("OS") District Regulations 5.3.10.1 Purpose and Intent As indicated in the Open Space Preservation (OS) District regulations, Section 9-3.421 of the Municipal Code. 5.3.10.2 Principal Uses and Structures. Open space uses, public and private, which emphasize the natural character of the land with no building development. • Flood control channels and related structures. • Parks. • Trails. • Bikeways. 5.3.10.3 Development Standards As indicated for the Open Space Preservation (OS) District in Section 9-3.424 of the Municipal Code. 5.3.11 Environmental Management District Regulations The following overlay districts are applied to the PC area and are subject to the requirements in Title 9, Chapter 3, Article 5 of the Municipal Code. FMOD Floodplain Management Overlay District HM Hillside Management District N Noise Management District 51 Marbella Golf & Country Club Comprehensive Development Plan 86-04 6.0 GROWTH MANAGEMENT PHASING PROGRAM 6.1 PURPOSE AND INTENT This Comprehensive Development Plan recognizes that it is the policy of the City to control and manage the impacts of the community's growth rate. In response to this policy, a growth management phasing program for implementation of the Planned Community has been developed to ensure the long-term control of the community's growth. By inclusion of such a program, the City is able to address the growth impacts related to its development while providing a mechanism to ensure the orderly implementation of necessary support facilities and improvements. 6.2 PHASING OF RESIDENTIAL BUILDING PERMITS In order to meet the spirit and intent of the City's Growth Management policy, the following four-year phasing and allocation plan shall entitle the developer to issuance of residential building permits provided all conditions of approval have been satisfied. This schedule is based upon a calendaryear time frame. 6.2.1 Phase I, 1987 Building Permit Allocation Phase I shall consist of 20 dwelling units. 2. Construction Impact Program The following program shall be implemented in conjunction with or prior to Phase I: (a) All rough grading operations shall be initiated during Phase I. Upon completion of rough grading, all manufactured slope areas and buildable areas for subsequent phases shall be landscaped per approved plans. (b) A construction phasing program shall be prepared and submitted with the rough grade and improvement plan application, including construction access, grading, landscaping and other requirements necessary to reduce the impacts of construction. (c) All rough grading for the golf course, clubhouse, residential, business park and public institutional sites shall be completed in one phase. (d) Upon completion of the rough grading operation, all manufactured slopes shall be landscaped in accordance with approved plans. (e) All landscaping proposed as part of the golf course/country club facility shall be completed. 3. Improvements and Dedications The following dedications and improvements shall be completed prior to issuance of use and occupancy permits: (a) Extension of Horno Creek Road from Rancho Viejo Road at the entrance to a point approximately 900 feet south of northerly property line. 52 Marbella Golf & Country Club Comprehensive Development Plan 86-04 (b) Extension of public utilities and private roads necessary to service Phase I residential areas. (c) Extension of sewer line to Stoneridge. (d) Construction of Horno Creek flood control improvements per approved plans across length of property. (e) Construction of Marbella clubhouse and accessory structures. (f) Participation in installation of traffic signal at the intersection of Rancho Viejo Road at Horno Creek Road. (g) offer of dedication of a 4.6 -acre Public Institutional site to the City. Dedication will be done when legally permissible, and when parcel is released by the seller from any encumbrances, and when a satisfactory agreement has been reached with the City as to the value of the site, and when the value has been credited to the developer against other fees which will be charged to the project by the City and other institutions. (h) Improvement and dedication of the General Plan bikeway from Stoneridge to Rancho Viejo Road. (I) Improvement and dedication of the General Plan equestrian trails. 6.2.2 Phase II, 1988 Building Permit Applications Phase II shall consist of 150 dwelling units. 2. Construction Impact Program The following impact program shall be implemented in conjunction with or prior to Phase II: (a) All construction equipment and traffic shall be restricted to the use of a construction road to be built across the specific plan development site or other appropriate access facilities. (b) Construction phasing shall ensure that construction traffic is not routed through completed neighborhood clusters. (c) A construction phasing program shall be prepared and submitted with the rough grade and improvement plan application, including construction access, grading, landscaping and other requirements necessary to reduce the impacts of construction. (d) Upon completion of the precise grading operation for Phase 11, all manufactured graded areas shall be landscaped per approved plans. 3. Improvements and Dedications The following dedications and improvements shall be completed priorto issuance of use and occupancy permits: 53 Marbella Golf & Country Club Comprehensive Development Plan 86-04 (a) Extension of public utilities and private roads necessary to service Phase II residential areas. 6.2.3 Phase III, 1989 Building Permit Allocations Phase III shall consist of 130 dwelling units. 2. Construction Impact Program The following impact program shall be implemented in conjunction with or prior to Phase III: (a) All construction equipment and traffic shall use the SDP construction road or other appropriate access facilities. (b) Construction phasing shall ensure that construction traffic is minimized through completed neighborhood clusters. (c) A construction phasing program shall be prepared and submitted with the rough grade and improvement plan application, including construction access, grading, landscaping and other requirements necessary to reduce the impacts of construction. (d) Upon completion of the precise grading operation for Phase III, all manufactured graded areas shall be landscaped per approved plans. 3. Improvements and Dedications The following dedications and improvements shall be completed priorto issuance of use and occupancy permits: (a) Extension of public utilities and private roads necessary to service Phase III residential areas. (b) Offer of dedication of feeder equestrian trail. 6.2.4 Phase IV, 1990 Building Permit Allocation Phase IV shall consist of 47 dwelling units. 2. Construction Impact Program The following impact program shall be implemented in conjunction with or prior to Phase IV: (a) All construction equipment and traffic shall use the designated construction road or other appropriate access facilities. (b) Construction phasing shall ensure that construction traffic is minimized through completed neighborhood clusters. 64 Marbella Golf & Country Club Comprehensive Development Plan 86-04 (c) A construction phasing program shall be prepared and submitted with the rough grade and improvement plan application, including construction access, grading, landscaping and other requirements necessary to reduce the impacts of construction. (d) Upon completion of the precise grading operation for Phase IV, all manufactured graded areas shall be landscaped per approved plans. 3. improvements and Dedications The following dedications and improvements shall be completed prior to issuance of use and occupancy permits: (a) Extension of public utilities and private roads necessary to service Phase IV residential areas. 6.2.5 Carry Over of Dwelling Unit Allocations Unused allocations for any production in any given calendar year may be reallocated, subject to City Council approval in subsequent years if unused allocations are available in the City's Residential Allocation Schedule for the next calendar year up to 1990. Subsequent to 1990, said reallocation not to exceed a maximum of 50 units, but shall in no instance exceed the remaining unused allocations in the City's Residential Allocation Schedule. P:\Planning\Planning_Documents\CDP Documents\CDP8604Marbe11a.wpd 55