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Resolution Number 14-08-19-02 RESOLUTION NO. 14-08-19-02 Ij u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND) AND CONDITIONALLY APPROVING TENTATIVE TRACT MAP (TTM) 17655 FOR A 9 LOT SUBDIVSION ON 4.5 ACRES AND ARCHITECTURAL CONTROL (AC) 13-031 FOR THE 9 SINGLE- FAMILY HOMES LOCATED AT 32281 DEL OBISPO STREET; APPROXIMATELY 160 FEET NORTH OF VIA VERMEULEN (ASSESSOR PARCEL NUMBERS: 121-181-09, 10, 11 &13) (OLIVA) Whereas, Douglas Woodward of the New Home Company, 85 Enterprise, Suite 450, Aliso Viejo, CA 92656 (the "Applicant"), has requested approval of Tentative Tract Map 17655 and Architectural Control (AC) 13-031 to allow the development of a 9 single- family detached, residential home subdivision on 4.5 acres that comprise Tentative Tract Map (TTM) 17655, Oliva located at 32281 Del Obispo Street, which is General Plan- designated 2.1 Low Density Residential-maximum 2.0 dwelling units per acre and classified as Hillside Residential (HR) on the Official Zoning Map (the "Project"); and, Whereas, the proposed Project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, JWhereas, the Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines; has issued a Mitigated Negative Declaration (MND) pursuant to Section 15070 of those guidelines; has caused a Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072 of those guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act(1970); and all mitigation measures have been included herein; and, Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, Whereas,the Planning Commission conducted a duly-noticed public hearing on July 8, 2014, and on July 22, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and after considering public testimony and careful study, the Planning Commission recommended to the City Council adoption of the Mitigated Negative Declaration (MND), subject to the Mitigation Monitoring Program (MMP)which is attached hereto as Exhibit"A"and incorporated herein, and approval of Tentative Tract Map 17655 and Architectural Control (AC) 13-031, subject to the conditions of approval set forth in Exhibit "B," attached hereto and incorporated herein; and, Whereas, the City Council conducted a duly-noticed public hearing on August 19, 2014, pursuant to Title 9, Land Use Code, Section 9-2.302, and City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments; and, NOW, THEREFORE, BE IT RESOLVED, as follows: SECTION 1. The above recitations are true and correct and adopted as the findings of the City Council. SECTION 2. With regard to the Mitigated Negative Declaration (MND), the City Council does hereby make the following findings as established by the California Environmental Quality Act (CEQA): 1. The City Council finds on the basis of the evidence presented and the whole record before it, including the initial study and MND,and comments received, that there is no substantial evidence that the Project, as mitigated,will have a significant effect on the environment; and, 2. The Mitigation Monitoring Program (MMP), a copy of which is attached hereto as Exhibit"A"and incorporated herein,will assure compliance with the mitigation measures during Project implementation; and, 3. The City Council further finds that the recommendation from the Planning Commission to adopt the MND reflects the Planning Commission's independent judgment and analysis; and, 4. The record of proceedings on which the City Council's recommendation is based is located at City Hall for the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of record of proceedings is the Development Services Department Administrative Specialist; and, SECTION 3. The City Council hereby adopts the Mitigated Negative Declaration (MND), subject the Mitigation Monitoring Program (MMP) which is attached hereto as Exhibit"A" and incorporated herein. The Development Services Director or his designee is hereby authorized and directed to file a Notice of Determination within five working days of adoption of this Resolution as required by CEQA Guidelines Section 15075. SECTION 4. With regard to Tentative Tract Map (TTM) 17655, the City Council does hereby make the following findings as established by Section 9-4.223 of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed map is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the land uses proposed are explicitly allowed under the current General Plan land use designation of Low Density; and, 2 2. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan because the proposed subdivision has been designed to accommodate the project design consistent with those policy and regulatory documents; and, 3. The site is physically suitable for the type of development because the General Plan land use designation would allow for the development of up to 9 lots/dwelling units and the applicant is proposing to develop 9 lots/dwelling units; and, 4. The site is physically suitable for the proposed density of development because the existing topography and infrastructure provides suitable conditions sufficient to accommodate the proposed improvements; and, 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Mitigated Negative Declaration (MND) includes an assessment of the project's potentially significant biological resource impacts and concludes the project's impacts to such resources would be sufficiently mitigated through the proposed mitigation measures established by the Mitigation Monitoring Reporting U Program (MMRP); and, 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the project site will not alter or conflict with any public easements, and the project will dedicate necessary public right-of-way for improvements along the Del Obispo Street frontage. SECTION 5. With regard to Architectural Control (AC) 13-031, the City Council does hereby make the following findings as established by Section 9-2.313 of Title 9, Land Use Code of the City of San Juan Capistrano for Tentative Tract Map 17655: 1. The proposed use and design of the proposed Lots comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code because the Lots include proposed site and architectural plans designed consistent with the City's adopted Architectural Design Guidelines and the proposed development is in compliance with applicable development standards; and will be architecturally consistent with the Adjoining TTM 16146; j 2. The proposed use and design of the Lots are consistent with the goals, policies and objectives of the General Plan, including the Community Design 3 3 Element, because the project design is substantially consistent with the development standards of the Hillside Residential (HR) zoning district, and the applicable provisions of the City's Architectural Design Guidelines; 3. The site of the proposed Lots is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, as established in the Hillside Residential (HR) zoning district; 4. The character, scale and quality of the architecture, site design and landscaping for the proposed Lots are consistent with the adopted Architectural Design Guidelines of the City because the project has been designed to incorporate architecture which relies on the use of varied roof lines, varied building massing, side entry garages, courtyards, loggias,varied color palettes and materials consistent with eclectic style encouraged for single family residential neighborhoods; 5. The site plan for the proposed Lots provides functional and safe vehicular, bicycle and pedestrian access and circulation because the project features a private drive with gated access at Del Obispo Street which allows for safe traffic access and flow consistent with Public Facility Standards maintained by the Public Works & Utilities Department; 6. The proposed use and design of the Lots are compatible with surrounding and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed project design relies on the use of varied roof lines, varied building massing, and a color and materials board consistent with the design elements associated with the adjacent TTM 16146. SECTION 6. The City Council hereby approves of Tentative Tract Map(TTM) 17655 and Architectural Control (AC) 13-031 subject to the conditions of approval which are attached hereto as Exhibit "B" and incorporated herein. SECTION 7. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS. Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTED this 19th day of August 2014. i I 4 M ALLEVATO, MAYOR�� ATTESTL�v 01 MA MORRIS, ITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 14-08-19-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 19th day of August 2014, by the following vote: AYES: COUNCIL MEMBERS: Byrnes, Reeve, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None LL� 1 MARIA MORRIS, City Clerk 5 EXHIBIT A Tentative Tract Map No. 17655 Mitigation Monitoring and Reporting Program (MMRP) City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Prepared by Etelhq pcmLL Intelllgence.lLC 1590 South Coast Highway,Saito 17 Laguna Beach,CA 92651 July 2014 w Mitigation Monitoring & Reporting Program (MMRP) city of san Juan Capistrano, California INTRODUCTION The City of San Juan Capistrano (City) has adopted this Mitigation Monitoring and Reporting Program (MMRP) in accordance with California Environmental Quality Act (CEQA) Statute (Public Resources Code§21081.6) and Section 15097 of the CEQA Guidelines. This MMRP is designed to ensure that the mitigation measures outlined in the Mitigated Negative Declaration (MND)for the Tentative Tract Map No. 17655(TTM 17655 or Project)are implemented. This MMRP describes the implementation and mitigation requirements for each mitigation measure Identified in the MND for the Project. The MMRP provides each mitigation measure, the timing of Implementation, the actions indicating compliance, the monitoring agency, and allows for the signature by a representative of the monitoring agency to verify compliance. Specifically, the MMRP provides the following information. Mitigation Measures: Each mitigation measure (MM)outlined in the MND for the Project and adopted by the City is provided. Timing of Implementation: The appropriate time for the implementation of the mitigation measures (i.e. pre-construction,during construction, or post-construction)is specified. Actions Indicating Compliance: Specifies the mean by which the monitoring agency will verify that the mitigation measure has been appropriately implemented. Monitoring Agency: Lists the implementing party or the party responsible for directly implementing the 1 mitigation measures, monitoring,and reporting (as applicable). The MMRP also provides a column for documenting compliance with the date and signature of the Monitoring Agency. Mitigation Monitoring&Reporting Program(MMRP) Tentative Tract Map No.17655(TTM 17655) Mitigation Monitoring&Reporting Program Timing of Implementation c c c Actions Initials 1 0 02 Monitoring Mitigation Measure , ;, Indicating Date of aH a 2 Compliance Agency Completion C c c o v o U U U Air Quality Construction contractor will provide the City of San Juan MM The construction contractor shall ensure that equipment used during the site Capistrano with City of San AQ-1 preparation phase of construction activity meets Tier III or better emissions X X documentation Juan standards established by the U.S.Environmental Protection Agency. demonstrating that Capistrano all equipment meets Tier III standards prior to construction Biological Resources Project grading shall take place outside of the nesting season, roughly defined as mid-February through mid-August. If grading is to take place during the nesting season, a qualified biologist (with at least 2 years of avian experience and knowledge of the local bird species)shall: (1)be present during vegetation clearing operations to search for and flag active nests within and adjacent to the Project site to avoid direct and indirect impacts to active nests; and (2) conduct a directed clearance survey no more than three days prior to the start of grading to locate The Applicant will active bird nests,if any.If the qualified biologist determines there are active nests,a retain a qualified MM construction buffer will be prescribed to avoid indirect impacts to the nest. The biologist to City of San BR-1 qualified biologist shall determine the appropriate standard buffer widths for nests X complete the Juan based on the sensitivity levels of specific avian species. The determination of the required surveys Capistrano standard buffer widths shall be site- and species-specific and data-driven and not and/or monitoring based on generalized assumptions regarding all nesting birds. If warranted, the as applicable qualified biologist will identify feasible measures to avoid any potential adverse effects on nesting birds. Regardless of the season grading takes place,all relatively immobile birds, mammals, reptiles or amphibians, observed on the site, shalt, if reasonably possible,be removed by hand to areas outside of the grading limits, but near the site. Mitigation Monitoring&Reporting Program(MMRP) Tentative Tract Map No.17655(TTM 17655) Timing of Implementation 0 0 o Actions Initials/ Mitigation Measure Indicating Monitoring Date of a..g 2 a y Compliance Agency Completion C c c 0 0 0 U U U The Applicant will coordinate with the The Project applicant shall conform with the City of San Juan Capistrano's City of San Juan MM Municipal Code Section 9-3.557, which includes provisions to require the Project Capistrano to City of San BR-2 Applicant to obtain a permit to trim or remove trees located within the Proposed X obtain a permit for Juan Project site. any trees that will Capistrano be trimmed or removed prior to construction Cultural Resources The Applicant will retain a qualified archeological, Consistent with City Policy 601, the Applicant shall have a qualified archeological paleontological, d Native monitor present during all initial grading activities and a paleontological monitor anCity of San MM present for all excavations greater than 18 inches in depth when disturbing native X American monitor Juan CR-1 soils. A Native American monitor may also be on site if deemed necessary and (if deemed Capistrano appropriate by the Principal Investigator. necessary)to complete the required monitoring as applicable Mitigation Monitoring$Reporting Program(MMRP) Tentative Tract Map No.17655(TTM 17655) Timing of Implementation C r_ c Actions Initials/ Mitigation Measure U .2 ndicating Monitoring Date of a 9 y 00.9 Compliance Agency Completion 0 0 0 U U U Noise The Applicant and/or its contractors shall ensure that construction-related noise The Applicant will levels at the Proposed Project site do not exceed 85 dBA at the nearest inhabited retain a noise dwelling located within 50 feet or less of the construction activities. In the event that monitor for any prolonged noise-producing construction related activities occur within 50 feet of an prolonged noise- inhabited dwelling, a construction monitor will conduct noise monitoring to ensure producing MM that construction complies with the City's exterior noise standards as provided in construction City of San N4 this mitigation measure. Specifically, the maximum noise levels shall remain below X related activities Juan 85 dBA and shall not exceed: occur within 50 Capistrano 1. 65 dBA for 30 Minutes/Hour(1.50); feet of an 2. 70 dBA for 15 Minutes/Hour(1-25); inhabited dwelling 3. 75 dBA for 5 Minutes/Hour(L8.3);and 4. 80 dBA for 1 Minutes/Hour(1-1.7) Mitigation Monitoring&Reporting Program(MMRP) Tentative Tract Map No.17655(TTM 17655) EXHIBIT B CC RESOLUTION # 14-08-19-02 CONDITIONS OF APPROVAL PROJECT LOG#: Tentative Tract Map 17655 (TTM)(SJC TTM 13-004) and Architectural Control(AC)13-031 PROJECT NAME: Oliva (The New Home Company, TNHC San Juan, LLC) APPROVAL DATE: August 19, 2014 These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term"applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. These conditions are organized by chronological order in the development process as well as responsible City Department. The responsible department is noted in parenthesis after each condition. 1. GENERAL CONDITIONS: 1.0 Project Plans. The subject project (""Project") proposes to subdivide approximately 4.5 acres site into nine (9) single-family lots ranging in size from approximately 11,500 to 22,000 square feet, as well as open space areas, a detention basin, and private roads. Grading quantities of approximately 27,500 cubic yards of fill are proposed, with retaining walls for the side/rear yards of some lots. It is generally located north of Del Obispo Street, east of Paseo de la Paz and west of Calle Aspero (APN 121-181-09, 10, 11, and 13). This Project approval is based on and subject to the application materials prepared by Hunsaker& Associates and Robert Hidey Architects dated and revised to July 2, 2014 including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), Mitigation Monitoring and Reporting Program (MMRP) as referenced below, as well as other documentation created to support the Project and the CEQA compliance. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the City. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 1.1 Compliance With Outside Reguirements. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. To the extent not precluded by Government Code Section 65961, the applicant shall comply with all requirements of the Municipal Code, all requirements of City ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. 1.2 Signed Plans. All plans, specifications, studies, reports, calculations, maps, EXHIBIT B TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Map(TTM) 17655. Oliva Pace 2 of 20 notes, legal documents, and designs shall be prepared, stamped and signed (when required)only by those individuals legally authorized to do so. 1.3 Legal Defense. The applicant/subdivider, its agents, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA, rezoning approvals, subdivision map approvals, or other applicable City Municipal Code Title 9 land use approvals. Upon notice provided by City to the applicant/subdivider, its agents, or assignees, of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. The applicant/subdivider shall consult with the City Attorney regarding appropriate defense counsel in the event of the filing of such claims or actions. (DSD) 1.4 Discrepancy Clause. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans,that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 1.5 Fees. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the City of San Juan Capistrano Municipal Code Section 9.5.101and the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 1.6 Mitigation Monitoring Program. If applicable, this project shall comply with the Mitigation Monitoring Program adopted in conjunction with the approval of the California Environmental Quality Act (CEQA) determination prepared for the Project. (DSD) 2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT: 2.1 Street and Development Names. Prior to approval of the final map, the applicant shall submit to the City's Development Services Director for review, and shall obtain approval of, the name of the development or developments and the names of all proposed streets within the tentative tract's boundaries. The Director shall confirm that said development names and street names do not duplicate existing development and street names in the City and are consistent with City Council policy 417. All approved street names shall be indicated on the Final Map. (DSD) 2.2 Compliance with Map Act and Municipal Code. Prior to approval of the final map, the tract/parcel map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code. (PWD) 1 TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655 Oliva Page 3 of 20 2.3 Payment of Fees. The applicant/subdivider shall fulfill all applicable fee requirements prior to the granting of any approval, the issuance of any permit, J or the taking of any other action requiring the payment of such fees in accordance with the City Municipal Codes, as last revised, and the City Municipal Fee Schedules, as last adopted. The applicant/subdivider shall pay a park in-lieu fee in accordance with the provisions of Section 9-4.519, Parkland and Section 9-5.107, Parkland in-lieu fee of the Municipal Code for the lots in the final map. (PW&UD) 2.4 Stormwater Management Plan, Hydraulic/Hydrologic Calculations. Prior to the approval of the final map the applicant/subdivider shall submit any amendments or addendums to the approved Stormwater Management Plan (SWMP) with Hydraulic /Hydrology calculations which was submitted prior to issuance of grading permits as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The SWMP amendments or addendums shall provide sufficient information/calculations that correspond to the subdivision improvement plans. (PW&UD) 2.5 Soils/Geology. Prior to approval of the final map the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, any updates or amendments to the Soils Report/Geotechnical Feasibility Study as prepared by a Registered Geologist and Soils Engineer that was submitted prior to issuance of grading permits which provides further information that determines the seismic safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. The report shall identify opportunities or challenges for infiltration as required in the NPDES permit. Infiltration tests shall be performed per the County of Orange Technical Guidance document and results provided in the report.(PW&UD) 2.6 Drainage Barrier Between Slopes and Streets. Prior to approval of the final map, the grading and street improvement plans shall show that all street sections located within 20 feet or less from the toe of a slope of 10 feet or more in height are protected from underground water seepage by provision of a positive drainage barrier system, at the applicant/subdivider's cost, in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (PWD) 2.7 Erosion & Sediment Control Plans. Prior to approval of the final map, the applicant/subdivider shall submit an Erosion/Sediment Control Plan for the regulation and control of pollutant run-off by using Best Management Practices (BMPs), prepared by a California State Registered Civil Engineer to the City Engineer for review and approval concurrently with the related subdivision improvement plans. The plan shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that all water quality best TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man ITTM) 17655, Oliva Paae 4 of 20 management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-0002 and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. ( PW&UD) 2.8 Drainage Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review and shall obtain approval of Drainage Improvement Plans specific to the project, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Detention/retention basins shall be designed to accommodate the 100-year storm flow with engineered secondary overflow devices. A secondary overflow shall be also provided for storm drain systems designed with sump conditions to preclude flooding of private properties. All proposed street catch basins shall be lined with curb inlet filters or equal devices which meet the National Pollutant Discharge Elimination System (NPDES) requirements and the City Engineer. Storm drain junction structures and catch basins shall be provided with access manholes as deemed necessary by the City Engineer. All drainage must be conveyed to the street or a City approved drainage facility. If, due to the increased flows directly caused by the Project, an existing downstream drainage facility, whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is inadequate or does not meet current City standards or, in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the proposed discharge generated by this project, the applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvement for properly conveying such discharge, free of debris, in a manner acceptable to the City Engineer. Any deviation from these requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. The base of all slopes over ten feet in height located within 20 feet of a street section or which are adjacent to residential lots shall be provided with toe drains or other drainage devices approved by the City Engineer, in order to prevent water, mud or debris from damaging or flowing onto such streets or lots. (PWD) 2.9 Public Facility Easements to be in Lettered Lots Maintained by HOA. Prior to approval of the final map, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that public facilities, such as drainage, sewer, and water, are designed to be located within the right-of-way. Any deviation shall require prior authorization from the City Engineer and Utilities Engineer. If facilities are proposed in easements, said facilities shall be placed in lettered lots easements with minimum 20-foot wide paved maintenance road and their surfaces shall be maintained by the Homeowner's Association. Any exception shall be subject to review and approval by the City Engineer and Utilities Engineer. (PW&UD) TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655 Oliva Page 5 of 20 2.10 Dry Utilities (Electric, Telephone. Cable TV, Gas) Plans. Prior to approval of the final map, the applicant/subdivider shall submit concurrently with the Street/Sewer/Water/Drainage Improvement Plans, all Electrical, Gas, Telephone and Cable Television installation plans to the City Engineer for review and approval, to ensure compatibility with existing and proposed improvements. All utility lines with junction structures shall be underground. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (PW&UD) 2.11 Sewer Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, sewer improvement plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City Sewer Master Plans, City Standards Plans and Specifications, and City Municipal Codes. Any deviation from these requirements shall be subject to prior Utilities Engineer and City Engineer review and approval. (PW&UD) 2.12 Water Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of water improvement plans including a water improvement phasing plan, prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City Water Master Plans, the City Water Standards Plans and Specifications, and City Municipal Codes. Any deviation from these requirements shall be subject to prior Utilities Engineer and City Engineer review and approval. (PW&UD) U 2.13 Street Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, street improvement plans prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including, but not limited to, traffic calming devices, striping, signage, signalization, storm drain, sewer, water, and all related appurtenances. The street improvement plans shall conform to the following requirements: (PWD) a. Local Streets.All local streets within the project shall have a minimum curb-to- curb width as specified by Municipal Code Section 94.527. b. Catch Basins and Gutters. For street sections with grades less than or equal to five percent, the maximum distance between catch basins shall not exceed one 1000 feet. For streets sections with grades greater than five percent,the maximum distance between catch basins shall not exceed 750 feet. Catch basins shall be designed so that there is no driveway within 20 feet upstream of the catch basin and such that the basin will function as anticipated. Cross gutters shall not be allowed at street intersections if a storm drain is within 300 feet. Any deviation shall require the City Engineer's review and approval. U c. Desiqn Speeds for Streets. Street improvement plans shall be designed per City standards. Arterial streets shall be designed for a minimum design speed of 35 miles per hour (mph) and sight distances of 45 mph at all TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Map(TTM) 17655. Oliva Pave 6 of 20 intersections. All other streets shall have design speeds and sight distances of 25 and 35 mph, respectively, and shall be designed to the (� satisfaction of the City Engineer. J d. Sidewalks. Sidewalks shall be provided on both sides of`B" street and on the smAieast side of"A"street as shown on TTM 17655. Any deviation to such standards shall require a special authorization from the City Engineer. e. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk or parkway which reduces the width to less than four feet, in compliance with the American with Disabilities Act(ADA) requirements. f. Street Lights. Street lights shall be provided, with Mission Bell fixtures on marbelite poles. Any exception or deviation from the above requirements shall be subject to review and approval by the City Engineer. 2.14 Traffic Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit a Traffic Improvement Plan (including at those locations outlined in the MMRP) for all streets within the subdivision prepared by a California State Registered Traffic Engineer or Civil Engineer to the City Engineer for review and approval. These plans shall show the striping, signage, signalization and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (PW&UD) 2.15 Construction Cost Estimates. Prior to approval of all on-site and off-site improvement plans, the applicant/subdivider shall submit an estimate of quantities and construction costs of all proposed Works of Improvements (e.g. Street/Sewer/Water/Drainage/Landscaping etc..) associated with this development prepared by a California State Registered Civil Engineer pursuant to the City requirements to the City Engineer and Utilities Engineer for review and approval. Said estimates shall include, but not be limited to, the costs for construction of all on-site and off-site improvements for street, signing and striping, traffic signals, street lights, storm drains, water, sewer, landscape, irrigation systems, recreational trails, and the setting of survey monuments and centerline ties. Construction cost estimates of facilities that will be dedicated to the City for operation and maintenance shall comply with the California Labor Code with respect to the prevailing wages. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer and Utilities Engineer. (PW&UD) 2.16 Bonding and Securities. Prior to approval of the final map, the applicant/subdivider shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials Testing, Inspection, Construction Management, Surveying, etc..), as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for all onsite and offsite improvements including, but not limited to, street improvements, signing, signalization, striping and street lights, storm TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Map(TTM) 176.55, Oliva Page 7 of 20 drains, sewer, water, recreational trails, landscaping and irrigation in rights-of- way, public easements, private slopes, and open space. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs, inclusive of the associated soft costs, as determined by the City Engineer. An additional bond, as determined by the City Engineer and Public Works and Utilities Director, shall be required for street maintenance purposes to insure the conditions of all local residential streets within the subdivision are acceptable to the City Engineer and to all affected HOAs until the last house is completed. (PW&UD) 2.17 Fire Flow Demands. Prior to approval of the final map, the applicanttsubdivider shall obtain from the Orange County Fire Authority (OCFA) the required OCFA fire flow demands and OCFA protection requirements to serve the development within that final map and shall provide evidence of satisfactory fire flow to OCFA and to the City Utilities Engineering Division (PW&UD). 2.18 Dedication of Water Facilities. Prior to approval of the final map, the applicant/subdivider shall dedicate on the final map, at no cost to the City, all public water facilities, water rights, and the required easements not less than 20 feet wide easements, to the City for project improvements. (PW&UD) 2.19 Tentative Map Compliance and Closure Calculations. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a final map in substantial compliance with the approved tentative map. Said map shall be accompanied with traverse closure calculations, a plotted American Land Title Association (ALTA) survey and an updated Title Search Report. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (PW) 2.20 Homeowners Association-Maintained Improvements. Prior to approval of the final map, the applicant/subdivider shall indicate on the final map that all improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, the water quality best management practices identified in the Water Quality Management Plan (WQMP), parks, graded slopes, landscaping, and irrigation facilities within the interior of the subdivision owned by the Association, shall be maintained by the master association and/or sub-association or shall make other provisions for maintenance to be approved by the City. (PWD) 2.21 Dedications and Maintenance Responsibility. Prior to approval of the final map, the applicant/subdivider shall indicate on the final map, to the satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PW&UD) 2.22 CC&Rs. Prior to approval of the final map, the applicant/subdivider shall submit for review, and shall obtain the approval of, the Development Services Director, City Engineer, Public Works & Utilities Director, and City Attorney, a set of Covenants, Conditions and Restrictions (CC&Rs). Said CC&Rs shall be U recorded with the final map and shall include, but not be limited to, the following: TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Mao(TTM) 17655. Oliva Pace 8 of 20 a. Creation of a Homeowners Association and/or a Sub-Association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance responsibility of areas including, but not limited to, all common areas, open space, project entries, slopes, fuel modification zones, private medians and greenbelts, private parks, irrigation systems, landscaped areas, walls, driveways, parking areas, structures, private streets, street lights, drainage facilities, and all other areas to be owned and maintained by the Homeowners Association and/or Sub- association. All improvements, including but not limited to, streets, restoration of enhanced pavement over the public water and sewer facilities after repairing of said facilities by the City, drainage, street lights, street signage, striping improvements, parks, graded slopes, landscaping, and irrigation facilities within the interior of the subdivision designated as private shall remain private and shall be maintained by the Homeowners Association and/or Sub-association, or shall make other provision for maintenance, as approved by the City Council.(PWD) b. The establishment of setback and height requirements for additions and accessory structures that conform to the development standards of the San Juan Capistrano Land Use Code. (DSD) c. A statement indicating that open space (as provided in Lot A on the tentative map) shall be retained as indicated on the final map by the Homeowners Association, or other entity approved by the City, as designated open space with no structures allowed, except structures which are non-habitable such as infrastructure, utilities, gates, fences, entry monuments, etc., in perpetuity and maintained by a Homeowners Association and/or the Sub-association or other entity approved by the City. (DSD) d. A statement indicating that proposed amendments to any of the CC&Rs which impact, change or modify any Conditions of Approval, or other City regulations or requirements, shall be submitted for review to the Development Services Director and that, if the Director determines that the amendment adversely affects any project conditions of approval or other City regulations or requirements, the amendment will then require City Council approval prior to the amendment becoming valid. (DSD) e. OCFA prevention and defense provisions including: 1) a OCFA lane map, if required by the OCFA Chief; 2) provisions which prohibit parking in OCFA lanes and a method of enforcement; 3) a method for keeping OCFA protection access easements unobstructed; and 4) a requirement for approval of the OCFA Chief for modifications such as installation of speed humps or bumps, control gate changes, or parking changes. (OCFA) f. Criteria for maintenance of and prohibition of building construction or ornamental landscaping within private drainage facility easements and slopes within the project by the HOA. (PWD) g. A Soils Subsidence Remediation Program consistent with the Title 9, Chapter 3, Article 5, Section 9-3.545, Soils Subsidence Remediation of the TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Mao ITTM) 17655 Oliva Pace 9 of 24 Municipal Code. (PWD) IL h. Provisions for maintenance by the homeowners association of the water quality best management practices identified in the Water Quality Management Plan (WQMP), of all private drainage facilities, including retention/detention basins, that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of basins annually. The HOA shall have a line item in the annual budget for the implementation of the required operations and maintenance identified in the approved Water Quality Management Plan. (PWD) i. A provision that gives the City the right to assume maintenance of any NPDES facilities, if the City determines that the homeowners association has not maintained said facilities in accordance with the permit requirements, and that, in such event, the homeowners association shall be financially responsible to pay City for the costs the City incurs in such maintenance role. (PWD) j. A provision that requires City approval of any amendment to the CC&Rs that will, in any manner, affect the maintenance, function, or integrity of NPDES facilities. (PWD) k. A statement indicating that by July first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES ! program. (PWD) I. A provision requiring that all landscape contractors properly train their field crews so as to prevent improper pruning/trimming or ornamental maintenance of the California native plants, and providing an enforceable penalty which the HOA may impose on the landscape contractor for violation of this provision including but not limited to replacement of plant material with comparably sized new plant material. (PW) m. A provision that the homeowners association(HOA)would be responsible for the cost of replacement and restoration of any enhanced paving or stamped- concrete removed by the City for the purpose of maintaining, replacing, repairing, or otherwise conducting work on underground utilities including but not limited to waterlines, sanitary sewer lines, and storm drainage lines within the proposed private streets. (UD) n. A provision that the homeowners association (HOA) will require that prior to completing any landscape improvements on the property, the applicant/owner shall submit a preliminary landscape plan to the homeowners association's Architectural Review Board for review and approval and shall meet the following standards: • The HOA Architectural Review Board shall encourage front yard and side yards visible from the street to be landscaped with a drought tolerant and California-friendly plant palette approved by the City's `"'' Development Services Department. TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655. Oliva Pape 10 of 20 • Failure of any lot owner to comply with these landscape provisions shall be deemed a violation of the Conditions, Covenants & Restrictions (CC&Rs) and shall be punishable accordingly under the violations&penalties section of the CC&Rs. 2.23 Soils Subsidence Remediation Program. Prior to approval of the final map, the applicant/subdivider shall comply with the provisions of the Municipal Code's "Soils Subsidence Remediation Program" to the satisfaction of the City Engineer. Said program may include, at the discretion of the City, the formation of a Geological Hazard Abatement District, for any catastrophic soil displacement. The program shall also include the incorporation into the Conditions, Covenants and Restrictions (CC&Rs) of the Master Homeowners Association or sub-associations, the remediation to surficial soil displacement, as required by separate condition herein. (PW&UD) 2.24 Submission of Digital Map. Prior to recordation of the final map, the applicant/subdivider shall submit for review, and shall obtain approval from the Orange County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant/subdivider shall pay for all cost of said digital submittal, including supplying digital copies to the City, of the final County Surveyor approved digital map in DXF format. In addition, the applicant/subdivider shall provide the City with digitized copies of all improvement (as-built) plans. (PW&UD) 2.25 Fair-Share Circulation Improvement Participation. In accordance with the schedule in the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the final map, the applicant/subdivider shall pay for the project's pro- rata share of the cost of the design and construction of the street and intersection improvements to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way acquisition, based on the proportion of traffic generated by the project, as determined in a City-approved traffic study. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer: (PW) 2.26 Off-Site Circulation Improvement Reauirements. In accordance with the schedule in the Subdivision Improvement Agreement, to be executed in conjunction with City approval of the final map, the applicant/subdivider shall design and construct and be 100 percent responsible for the cost of the off-site improvements established in the Mitigation Monitoring Reporting Program (MMRP) to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. All easements, right-of- way acquisitions, dedications and permits needed from any agency to TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man ITTM) 17655 Oliva Pace 11 of 20 accommodate said improvements listed below shall be processed by the applicant/subdivider at no cost to the City. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW) 2.27 Off-Site Circulation Improvement Requirements Subject to Partial Reimbursement. Except as otherwise set out in accordance with a schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the final map, the applicant/subdivider shall design and construct and be initially responsible for all the cost of certain off-site improvements established in the Mitigation Monitoring Reporting Program (MMRP) to their ultimate standard configurations in accordance with the City of San Juan Capistrano Master Plan of Streets and Highways and to the satisfaction the City Engineer. All easements, right- of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicant/subdivider at no initial cost to the City. The City, upon a written request from the applicant/subdivider, will enter into a reimbursement agreement to partially repay the applicant/subdivider in accordance with the provisions of the Capistrano Circulation Financing Program (CCFP). However, if any of these improvements are constructed by another party, the applicant/subdivider shall pay for the project's pro- rata "fair share" of the cost of the design and construction of the street, intersection and traffic signal improvements to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way acquisition, based on the proportion of traffic generated by the project, as determined in a City-approved traffic study. The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW&UD) OCFA PROTECTION CONDITIONS: 2.28 Fire Protection Area Notation. Prior to approval of the final map, the applicant/subdivider shall place a note on the map or site plan meeting the approval of the OCFA Chief that all requirements for development and construction within a "Fire Protection Area", including increased street widths, Class A roof assemblies, fire sprinklers, etc. will be met. (OCFA) 2.29 Sprinkler Notation. Prior to approval of the final map, the applicant/subdivider shall include a note on the map stating that all residential structures shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the OCFA Chief. (OCFA) 3. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF U ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S): TTM 17655,AC 13-031 Conditions of Approval (T Tentative Tract Map(TTM) 17655, Oliva Page 12 of 20 3.1 Payment of Fees. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall fulfill all applicable fee requirements in accordance with the City Municipal Code, as last revised and the City Schedules of Rates and Charges, as last revised. (PW&UD) 3.2 Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously-approved permits, a permit shall be required. All improvement work, whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. (PW) 3.3 Gradinq Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit the required number of copies of grading plans prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer for the entire project site. Such plan shall be in substantial conformance with the grading concept shown on the approved Tentative Map 17655. Following City approval of the rough grading plan, and prior to approval of the final map, the applicant/subdivider shall submit a precise grading plan(s) prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer and Building Official. The precise grading plan(s) shall be consistent with the approved rough grading plan and the approved Tentative Map 17655. These plans shall conform to the City and Orange County grading plan standards and depict, at minimum, all existing features, the limits of grading, the drainage, retention/detention basins, sewer facilities, water facilities, existing easements and right-of-way boundaries, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended sufficiently beyond the tracts boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark datum. All drainage design must depict proper conveyance to the on-site street or a City approved drainage facility with appropriate pre-treatment facilities or Best Management Practices (BMP) in place pursuant to the National Pollutant Discharge Elimination System (NPDES) permit requirements. All grading plans shall be subject to review by a third-party geotechnical consultant retained by the City to ensure geotechnical stability to the satisfaction of the City Engineer. (DSD, PW&UD) 3.4 Grading Access and Haul Route Plan. Prior to issuance of grading and right-of- way improvement permits, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of: (PW) a. An on-site plan showing location of the access point, for the earth moving and grading equipments and for workers vehicles entering and exiting the site. TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Mao lTTM) 17655. Oliva Pa-ge 13 of 20 b. An off-site haul route plan for soil importation/exportation circulation and u for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. c. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees. 3.5 Erosion & Sediment Control Plans, Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit an Erosion/Sediment Control Plan for the regulation and control of construction pollutant run-off by using Best Management Practices (BMPs), prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The plan shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-0002 and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. ( PW&UD) 3.6 General Construction Permit. Prior to issuance of grading and right-of- way improvement permits, the applicant/subdivider shall submit a Notice of Intent (NOI) to the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in excess of one acre of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (PW&UD) 3.7 Water Quality Management Plan.Prior to issuance of a rough grading permit, the applicant/subdivider shall submit concurrently with the rough grading plans, erosion control plans, and drainage plans a Water Quality Management Plan (WQMP), as prepared by a California State Registered Civil Engineer, to the City Engineer for review and approval. All erosion and sediment control measures shall be implemented throughout the entire grading operation to the satisfaction of the City Engineer. (PW&UD) 3.8 Drainage Improvement Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit Drainage U Improvement Plans as prepared by a California State Registered Civil Engineer to the City Engineer for review approval. The Drainage Improvement Plans TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655. Oliva Pape 14 of 20 i shall be specific to the project, and be consistent with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Detention/retention basins shall be designed to accommodate the 100-year storm flow with engineered secondary overflow devices. A secondary overflow shall be also provided for storm drain systems designed with sump conditioris to preclude flooding of private properties. All drainage must be conveyed to the on-site street or a City approved drainage facility. If an existing downstream drainage facility, whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is inadequate or does not meet current City standards or, in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the proposed discharge generated by this project, the applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvement for properly conveying such discharge, free of debris, in a manner acceptable to the City Engineer. Any deviation from these requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. The base of all slopes over ten feet in height located within 20 feet of a street section or which are adjacent to residential lots shall be provided with toe drains or other drainage devices approved by the City Engineer, in order to prevent water, mud or debris from damaging or flowing onto such streets or lots. (PW&UD) 3.9 Connection to Public Drains must be Documented and Filed. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that any proposed connections to an existing public drainage system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to existing plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. (PW&UD) 3.10 Soils/Geology. Prior to issuance of grading and right-of-way improvement permits the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soils Engineer to determine the seismic safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. Report shall provide guidance on implementation of Low Impact Development as required under the NPDES permit. Infiltration test must be performed as described in the County of Orange Technical Guidance Document for the development of the Water Quality Management Plan. Report must provide recommendations on opportunities or challenges for infiltration on j site.(PW&UD) 1 TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Mab IM#) 17655 Oliva Pace 15 of 20 3.11 Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right- of-way improvement permits, the applicant/subdivider shall adhere to the following conditions during the entire grading and construction operation: (PW&UD) a. If any drainage problem is anticipated or occurs during construction, the applicant/subdivider shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to insure the durability of the solution b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. 3.12 Stormwater Management Plan, Hydraulic/Hydrologic Calculations. Prior to issuance of grading and right-of-way improvement permits the applicant/subdivider shall submit a Stormwater Management Plan (SWMP) which includes the Hydraulic /Hydrology calculations as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The SWMP shall show existing and proposed facilities, provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic and hydrology studies and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. The study shall provide calculation showing compliance with the Hydromodification requirements of the NPDES permit. Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Works design criteria and standards. (PW&UD) 3.13 Construction Phasing and Mitigation Program. Prior to issuance of grading and right- of-way improvement permits, the applicant/subdivider shall pay a cash deposit for restoration and cleanup purposes in an amount to be determined by the Building official, and shall prepare and adhere to a Construction Phasing and Mitigation program, approved by the Development Services Director and Building Official containing, but not limited to, the following controls: (PW & DSD) a. Grading: 1. Haul route for the movement of on and off-site of heavy earth- moving equipment. 2. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil importtexport. J 4. Compliance with environmental mitigation measures, including TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655. Oliva Pa-ge 16 of 20 stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Development Services Director and City Engineer may modify the Construction Phasing and Mitigation Program as they deem necessary if on-site observations indicate that construction activities are creating a nuisance to adjacent property. 2. The applicant/subdivider shall hire a project enforcement person approved by the City Engineer to ensure compliance with the Construction Phasing and Mitigation Program. 3. Violation of the City-approved "Construction Phasing and Mitigation Program" shall be subject to enforcement action pursuant to Section 9- 1.201, Violations and Penalties of the Title 9, Land Use Code. 3.14 Desiqn of Water Facilities. Prior to approval of precise grading permits, the applicant/subdivider shall design all domestic and non-domestic water facilities in compliance with City water standard plans and specifications. If a water improvement phasing plan is to be implemented, the phasing plan shall be submitted with the improvement plans to the City Utilities Engineer for review and approval. (UD) OCFA PROTECTION CONDITIONS: 3.15 Fire Hydrant Location. Prior to issuance of a precise grading permit, the applicant/subdivider shall submit a fire hydrant location plan to the OCFA Chief for review and approval. (OCFA) 3.16 Fire Access Roads. Prior to issuance of a precise grading permit, the applicant/subdivider shall submit and obtain approval of the OCFA Chief and City Staff of plans for fire protection access roads to within 150 feet of all portions of the exterior of every structure on the site, unless exempted from this requirement by the OCFA Chief in consideration of the provision of alternate measures,such as the installation of fire sprinklers. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround shall be provided and approved by the OCFA Chief. (OCFA) 3.17 Fire Lanes. Prior to issuance of a precise grading permit, the applicant/subdivider shall submit and obtain approval of the OCFA Chief and City Staff of plans for fire lanes on required fire access roads. The plans shall indicate the locations of red curbs and signage and include a detail of the TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(EM 17655, Oliva Page 17 of 20 proposed signage, including the height, stroke and colors of the lettering and its contrasting background. (OCFA) U 3.18 Fire Road Access Gates. Prior to issuance of a precise grading permit, the applicant/subdivider shall obtain approval from the OCFA Chief for the construction of any gate across required fire access roads. (OCFA) 3.19 Tree Removal Permit. Prior to issuance of any grading permit, the applicant shall secure approval of a Tree Removal Permit (TRP) from the Development Services Department. (DSD) 4. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY RESIDENTIAL BUILDING PERMIT(S): 4.1 Affordable Housing Requirement. The applicant/subdivider shall meet the General Plan Housing Element's affordable housing requirement by either (1) prior to the issuance of a "Certificate of Occupancy" for each market rate dwelling unit, paying an in-lieu housing fee to the City pursuant to Section 9- 5.103, "Housing in-lieu fee" of Title 9, Land Use Code in affect at that time; or, (2) prior to the issuance of the 1st building permit for a market rate dwelling unit, providing for the development of a minimum of one(1) affordable housing units subject to a City-approved and recorded Affordability Agreement restricting the rental and/or sale of such units to qualifying "low income" and/or "very-low income" households for a period of not less than thirty (30) years. The applicant/subdivider shall be responsible for securing the required planning application approvals for the development of such affordable housing, and shall secure the required building permits prior to the issuance of the 1st building permit for any market rate housing units, and shall complete construction and secure all "Certificates of Occupancy" for the affordable housing units prior to the issuance of any"Certificates of Occupancy"for the market rate units. (DSD) 4.2 Development Plans. Prior to issuance of the first building permit for each development phase, the applicantisubdivider shall submit development plans to the Development Services Director for City review and approval. Plans to be reviewed shall be as applicable to the particular development phase under review and, in general, shall include grading plans (unless previously approved by the City), final site and landscape plans, park plans (if applicable to the development phase), architectural elevations, wall/fence plans, project entry and gate plans, sample material boards, and other plans as specified by the Development Services Director. Landscaping plans shall provide at least one street tree per residential lot. Final plans shall be in substantial compliance with preliminary plans approved as part of the development review process. (DSD) 4.3 Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in accordance with the schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall pay fees, in the amount prescribed by the City Council at the time of issuance, as required by the CCFP at issuance of building permits. (PW) TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Man(TTM) 17655. Oliva Paae 18 of 20 4.4 Water Availability. Prior to the issuance of any building or grading permits by the Development Services Department, the applicant / developer shall consult with the Utilities Department to determine the availability of water for their project and will secure a final"will serve"water capacity allocation. (UD) - 4.5 Completion of Water Facilities. Prior to issuance of building permits for each building phase, the applicant/subdivider shall complete the construction of all domestic and non-domestic water facilities as indicated, in compliance to City water standard plans and specifications, unless otherwise provided in the Water Improvement Phasing Plan. Any exception to, or deviation from this condition shall be subject to review and approval by the Utilities Engineer. (UD) 4.6 Mylar of Final Map. Prior to issuance of the 1st building permit, the applicant/subdivider shall submit to the City Engineer a reproducible copy/Mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor-approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW&UD) OCFA PROTECTION CONDITIONS: 4.7 Confirmation Letter. Prior to the issuance of a building permit, the 1 applicant/subdivider shall submit a letter on company letterhead stating that _ water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. (OCFA) 4.8 Hazardous Materials. If any hazardous materials are to be used or stored on site, prior to the issuance of a building permit, the applicant/subdivider shall complete and submit to the OCFA Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. (OCFA) 4.9 Fire Sprinklers. Prior to the issuance of a building permit, the applicant/subdivider shall submit plans for automatic fire sprinkler system in all structures to the OCFA Chief for review and approval. (OCFA) 5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY CERTIFICATE(S)OF OCCUPANCY: 5.1 Monumentation. Prior to issuance of a certificate of occupancy for the 1St home within the project (other than model homes), the applicant/subdivider's surveyor shall set monuments related to the subject property(ies) and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the TTM 17655,AC 13-031 Conditions of Approval Tentative Tract Mao(TTM) 17655. Oliva Page 19 of 20 City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (PW&UD) U 5.2 Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the 1s' home within the project (other than model homes), or prior to acceptance of the Works of Improvements and release of the performance and labor and materials securities by the City, whichever occurs first, the applicant/subdivider shall complete, to the satisfaction of the City Engineer, all Works of Improvements as defined within the Subdivision Improvement Agreement and related plans required of this development and necessary to serve the development, including any required off-site improvements, in accordance with the City approved Construction Phasing and Mitigation Program, the approved Improvement Plans, and approved exceptions, and at the sole cost of applicant. (PW&UD) 5.3 Installation of Landscaping and Irrigation System. Priorto issuance of a certificate of occupancy for the first home within each development phase (other than model homes), the applicant/subdivider shall submit a letter to the Development Services Director, signed by a Registered Landscape Architect, stating that all materials for all landscaped areas have been installed in accordance with the approved plans for each development phase, and shall demonstrate to the satisfaction of the Development Services Director that all landscaped areas have been landscaped per the approved landscape and irrigation plans. The applicant shall provide as-built landscape and irrigation plans that identify all deltas (changes) to the Utilities Engineering and Development Services. (DSD& UD) U 5.4 Water Quality Management Plan Operations and Maintenance Recordation. Prior to issuance of a certificate of occupancy for the first home, the applicant/subdivider shall provide proof of recordation of the WQMP Operations and Maintenance section of the Water Quality Management Plan. (UD) OCFA PROTECTION CONDITIONS: 5.5 Hydrant"Blue Dots". Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall install blue reflective pavement markers on streets, as approved by the OCFA Chief, to mark the location of all fire hydrants. (OCFA) 5.6 Completion of Sprinkler System. Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall demonstrate that any required sprinkler system is operational in a manner meeting the approval of the OCFA Chief. (OCFA) 6. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETYIPERFORMANCE SECURITIES: 6.1 Provide "Record Drawing"/"As-Built" Molars. Prior to acceptance of the Works of Improvements and release of performance securities, the applicant/subdivider ;,,� shall submit Record Drawings of all on-site and off-site Works of Improvements TTM 17655,AC 13-031 Conditions of Approval Tentative Tract May fTTM) 17655 Oliva Page 20 of 20 (e.g. Water/Sewer/Drainage/Street/Irrigation/Landscape, etc.) to the City Engineer and Utilities Engineer for review and obtain approval for the reproducible "Record Drawing"/"As-Built" mylar plans that call out any deviations from the approved signed plans of all the improvement works -- constructed and completed. Said "Record Drawings"/'As-Built" shall be prepared by a California State Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies of all Record Drawings, at no cost to the City, in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". (PW&UD) 6.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of Works of Improvements and release of performance and materials and labor securities, the applicant/subdivider shall submit a videotape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements to the City Engineer for review and approval. The videotape shall become the property of the City. (PW&UD) Responsible Departments/Agencies: DSD: Development Services Department DSD-B&S: DSD Building & Safety Division PW&U D: Public Works and Utilities Department PWD: Public Works Division UD: Utilities Division OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: v Doug Woodward, The New Home Company Date: I I