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16-0425_ADAM, ABDU H._F17_Agenda Report
TO : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council 5/17/2016 F17 FROM: $n Siegel, City Manager SUBMITTED BY: Steve May, Public Works and Utilities Director .~~ George Alvarez, P.E., City Engineer PREPARED BY: Hossein Ajideh, P.E., Senior Civil Engineer~ DATE : May 17, 2016 SUBJECT: Consideration of Approval of a Final Map and Subdivision Improvement Agreement for Tract 17842 (Hidden Creek Estates, 8 Residential Lots) (Applicant: Jim Adam) RECOMMENDATION: By motion, 1. Approve the Final Tract Map for Tract No.17842 as it conforms to the requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map 17842 conditions; and, 2. Authorize the City Engineer and the City Clerk to execute the Final Tract Map for Tract No. 17842; and, 3. Authorize the City Manager to execute the Subdivision Improvement Agreement for the Final Tract Map for Tract No. 17842 and to accept the corresponding securities; and, 4. Direct the City Clerk to forward the Subdivision Improvement Agreement, and the City Engineer to forward the Final Tract Map for Tract No. 17842 and Utility Easement Deed, to the County of Orange for recordation. City Council Agenda Report May 17,2016 Page 2 of 4 EXECUTIVE SUMMARY: The Hidden Creek Estate is comprised of Tentative Tract Map (TTM) 17842 with a total of eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. The development consists of custom residential units and is located at 29921 Camino Capistrano along the west side of Camino Capistrano north of Junipero Serra Road as shown on the attached location map (Attachment 1 ). The Applicant, Jim Adam, is requesting approval of the Final Map of Tract No. 17842 (Enclosure 1 ). TTM 17842 was approved by the City Council on August 4, 2015, by Resolution No. 15-08- 04-02 (Attachment 2). The Applicant has signed the Subdivision Improvement Agreement (Attachment 3) for the Tract Map, posted the proper bonds, and paid the appropriate engineering and impact fees. DISCUSSION/ANALYSIS : On August 16, 2005, the City Council approved a predecessor TTM 16572, and the applicant subsequently constructed the required on-site utility and access improvements , including one (1) residential unit. The 2.5 acre site was graded and the individual pad improvements were installed in anticipation of approval of the Final Map. However, due to unforeseen circumstances, the Final Map did not receive approval in accordance with the time limits of the Subdivision Map Act, and TTM 16572 expired. The Applicant submitted a new TTM application (TTM 17842) for relatively the same project that was approved in 2005. The new TTM was approved by the City Council on August 4, 2015 by Resolution No. 15-08-04-02. The remaining seven (7) residential units will be custom lots and will be sold individually. The Subdivision Improvement Plans and the Final Tract Map have been reviewed by the City Engineer and were found to be in substantial conformance with the TTM 17842 and the Subdivision Map Act. Furthermore, all applicable conditions of approval set forth in the City Council Resolution No. 15-08-04-02 for TTM 17842 have been met. For this particular project, a separate utility easement deed shall be provided by the applicant and both the deed and approved final map will be simultaneously recorded. Based on the findings mentioned above, staff recommends that the City Council take the following actions: 1) Approve the Final Tract Map No. 17842, 2) Authorize the City Engineer and the City Clerk to execute the Final Tract Map, 3) Authorize the City Manager to execute the Subdivision Improvement Agreement for the Final Tract Map and accept the corresponding securities, and 4) Direct the City Clerk to forward the Subdivision Improvement Agreement , and the City Engineer to forward the Final Tract Map and Utility Easement Deed , to the County of Orange for recordation . City Council Agenda Report May 17, 2016 Page 3 of 4 FISCAL IMPACT : The improvements to be constructed for this subdivision will be funded by the project Applicant. There is no fiscal impact to the City, since the street serving the eight (8) lots is private and the Home Owner Association (HOA) is responsible for maintenance of the private street. The applicant has paid the engineering and impact fees due prior to approval of the final map. ENVIRONMENTAL IMPACT: This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is Categorically Exempt from further review under CEQA Guidelines Section 15332, Class 32 "In-Fill Development Projects." The project is consistent with Section 15332 because the project will subdivide a parcel that is less than five (5) acres; does not include habitat, endangered, rare or threatened species; will not result in significant effects relating to traffic, noise, air quality, or water quality; the site is adequately served by all required utilities and public services; and the project is consistent with the applicable General Plan designation and Zoning designation and regulations. A Notice of Exemption (NOE) was received, filed, and posted by the Office of the Orange County Clerk-Recorder on August 7, 2015 (Attachment 4). PRIOR CITY COUNCIL REVIEW: • On August 16, 2005, the City Council approved TTM 16572 to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. TTM 16572 expired. • On August 4, 2015, the City Council approved TTM 17842 to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : • On June 23, 2015, the Planning Commission recommended that the City Council adopt a Notice of Exemption and approval of TTM 17842 to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel. • On December 8, 2015, the Planning Commission recommended retaining the Conditions of Approval to install southbound right-turn and northbound left-turn lanes into the project. City Council Agenda Report May 17, 2016 Page 4 of 4 NOTIFICATION : Jim Adam First American Title County of Orange, Surveyors Office Sawaya Engineering Consultants, Inc. ATTACHMENT(S): Attachment 1 -Aerial Photo Attachment 2 -Resolution No. 15-08-04-02 Attachment 3 -Subdivision Improvement Agreement Attachment 4 -Notice of Exemption Enclosure 1 -Final Map of Tract No. 17842, prepared by Sawaya Engineering Consultants, Inc. TTM 17842 Hidden Creek Estates Aerial Photo © 2012 Digital Map Products. All rights reserved, A 1 inch = 97 feet ·N ATTACHMENT 1 l ; I i I : ~ u RESOLUTION NO. 15-08-04-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING OF A NOTICE OF EXEMPTION AND APPROVAL OF TENTATIVE TRACT MAP (TTM) 17842 (15-001) FOR AN 8 SINGLE-FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 2.5 ACRES LOCATED AT 29921 CAMINO CAPISTRANO, ALONG THE WEST SIDE OF CAMINO CAPISTRANO AND NORTH OF JUNIPERO SERRA ROAD (ASSESSOR PARCEL NUMBER: 121-050-01) (HIDDEN CREEK ESTATES) Whereas, Jim Adam, 29921 Camino Capistrano, San Juan Capistrano, CA 92675 (the .,Applicant"), has requested approval of Tentative Tract Map 17842 (15-001), Hidden Creek Estates to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel, located at 29921 Camino Capistrano, along the west side of Camino Capistrano and north of Junipero Serra Road, which is General Plan- designated of 2.2 Medium Low Density and classified as RS-1 0,000 on the Official Zoning Map (the .. Project"); and, Whereas, Abdu H. Adam and Jim Adam are the owners of real property located at 29921 Camino Capistrano (APN: 121-050-01); and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the City's Environmental Administrator has determined that the project is Categorically Exempt (Section 15332; Class 32 .. In-Fill Development Projects") from further review. The project is consistent with Section 15332 because the project will subdivide a parcel that is less than five (5) acres, does not include habitat, endangered, rare or threatened species, will not result in significant effects relating to traffic, noise, air quality, or water quality, and the site is adequately served by all required utilities and public services. In addition, the project is consistent with the applicable General Plan designation and Zoning designation and regulations; and, .. ·. Whereas, the City Council has considered the Environmental Administrator's determination pursuant to Section 1507 4 of the California Environmental Quality Act (CEQA); and, Whereas, the Planning Commission conducted a duly-noticed public hearing on June 23, 2015, 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. After considering public testimony and careful study, the Planning Commission recommended that the City Council adopt the Notice of Exemption (NOE), and approve Tentative Tract Map 17842, subject to the conditions of approval set forth in Exhibit .. A, .. attached hereto and incorporated herein; and, 8/4/2015 ATTACHMENT 2 Whereas, the City Council conducted a duly-noticed public hearing on August 4, 2015, 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, as follows: SECTION 1. The above recitations are true and correct and adopted as the findings of the City Council. SECTION 2. The City Council exercises its independent judgment and finds that the Project, as conditioned hereby, is categorically exempt from environmental review under the CEQA, Section 15332, Class 32 (In-fill Development Projects). SECTION 3. With regard to Tentative Tract Map (TIM) 17842, 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 use is consistent with the maps and policies of the General Plan and any applicable specific plan or comprehensive development plan, specifically the Land Use Element because the project proposes residential use and a density consistent with that Element; the Circulation Element because frontage improvements will be consistent with Camino Capistrano's "secondary arterial" designation; the Cultural Resources Element because the site has been assessed and a portion of Old State Route 1 01 will be preserved;. and the Noise Element because site mitigation and building siting will provide exterior areas with less than 65 dBA (CNEL), subject to the recommended conditions of approval. 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 design of frontage improvements and the private street are consistent with the Circulation Element; and the subdivision design is consistent with Community Design Goal 2, which provides, "Preserve the historic character of the community''; specifically Policy 2.1, which provides, "Encourage development which .. complements the City's traditional, historic character through site design, .wai'Chitecture, and landscaping." The project will preserve a portion of Old State Route 101. 3. The site is physically suitable for the type of development because the site topography, geologic characteristics, and soil conditions do not impose constraints to residential use, and because the site directly fronts and has access to Camino Capistrano, a designated secondary arterial. 4. The site is physically suitable for the proposed density of development because the site topography, geologic characteristics, and soils conditions do not impose constraints to the density and the site is served by public water, public sewer, and other necessary public services (i.e. electricity, natural gas, and telephone). n n il I ! - 5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the existing site has been graded for development of residential units and does not provide habitat for State or Federally-protected wildlife species. 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 no planned public infrastructure will traverse the project site. SECTION 4. The City Council hereby approves of Tentative Tract Map (TIM) 17842 subject to the conditions of approval which are attached hereto as Exhibit "A" and incorporated herein. SECTION 5. 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. SECTION 6. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five (5) working days of the approval of this Resolution. SECTION 7 . The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto , San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. PASSED, APPROVED, AND ADOPTED this 41h day of August 20:1~ .... ~~· DEREK REEVE, MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capist rano , do hereby certify that the foregoing Resolution No . 15 -08-04 -02 was duly adopted by the City Council of the City of San Juan Capistrano at the Special meeting thereof, held the 41h day of August 2015, by the following vote: COUNCIL MEMBERS: Allevato, Ferguson, Perry, Patterson and Mayor Reeve COUNCIL MEMBERS: None COUNCIL MEMBERS: None I I w u u EXHIBIT A CC RESOLUTION NO. 15-08-04-02 CONDITIONS OF APPROVAL PROJECT LOG#: Tentative Tract Map (TTM) 17842 (15-001) PROJECT NAME: Hidden Creek Estates (Jim Adam) APPROVAL DATE: August 4, 2015 These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term Mapplicant" 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. GENERAL CONDITIONS: A. Project Plans. The subject project proposes a tentative tract map to create eight (8) lots for development of single-family detached homes on an existing 2.5 acre parcel, and proposed lots would vary In size between 10,099 and 15,409 gross square feet (GSF) and four (4) lettered lots. The project site is located at 29921 Camino Capistrano along the west side of Camino Capistrano, about 0. 78 miles north of Junipero Serra Road. The project would secure access via an existing private street from the Camino Capistrano. This project approval is based on and subject to the application materials prepared by Sawaya Engineering Consultants, Inc. (Engineers), including site plan(s), building elevatlon(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby Incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved pursuant to Article 9-2.301, Development Review Procedures of Title 9, Land Use Code. B. Compliance With Outside Requirements . Approval of this application does not relieve the applicant/subdivider 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/subdivider shall comply with all requirements of the City of San Juan Capistrano 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. c. Signed Plans. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, when required, only by those individuals legally authorized to do so. Hidden Creek Estates. Conditions of Approval Page 2 of 19 pages Tentative Tract Map fTTM) 17842 D. legal Defense. The applicant/subdivider, its agents, and assignees shall defend , indemnify and hold harmless the Ci ty of San Juan Capistrano, its elected and appointed officials and employees , and its contract consultants, from any claim, action or proceeding to attack, set as ide, 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) E. 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. F. .lli!:. The applicant/subdivider 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 9.5.101 and applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. G. Breed ing/Nesting Season. The applicant shall either construct the proposed project outside of the breeding/nesting season (identified as February 15 through August 31) or provide noise attenuation such that noise levels do not exceed 60 dBA Hourly leq at the margin of potential habitat. In the event construction occurs during breeding/nesting season, the applicant shall retain the services of an acoustical consultant to conduct noise monitoring during grading and construction in order to identify specific methods of noise attenuation. In addition, the applicant shall also retain the services of a biologist to assist in the noise monitoring and methods of attenuation. The biological consultant will also be responsible for coordinating with the applicable regulatory agencies (i.e., U.S. Fish and Wildlife Service and California Department of Fish and Game), as a courtesy, and providing the Development Services Director with a brief report summarizing noise attenuation methods/nesting bird survey results. H. Stormwater Pollution Prevention Plan . The Stormwater Pollution Prevention Plan (SWPPP) shall emphasize structural and non-structural Best Management Practices (BMPs) in compliance with NPDES Program requirements. Specific measures shall include: • Siltation of drainage devices shall be handled through a maintenance program to remove silt/dirt from channels and parking areas. • Surplus or waste material from construction shall not be placed in drainage ways or within the 1 00-year floodplain of surface waters. n n ,.._., I I I l u u u Hidden Creek Estates Tentative Tract Map fTrMJ 17842 Conditions of Approval Page 3 of 19 pages • All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate any discharge to waters of the State. • During construction, temporary gravel dikes shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. • Stabilizing agents such as straw, wood chips and/or soil sealant/dust palative shall be used during the interim period after grading in order to strengthen exposed soli until permanent solutions are implemented. • Re-vegetated areas shall be continually maintained in order to assure adequate growth and root development. 1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S),: 1.1 Permits Reaulred. 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 approved plans and a permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. (PW&UD.) 1.2 Recycling/Reduce Debris Act of 1989 CCIWMA>. The applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (PW&UD.) 1.3 Grading Plans. The applicant/subdivider shall submit the required number of copies of updated 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 conceptual grading plan and site plan for TTM 17842. 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 conceptual grading and site plan for TIM 17842. The grading 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, existing easements and right-of-way boundaries, trails, parkways, streets and all appurtenant improvements in coordination with the Site Plan improvements as defined under Condition 1.8. The extent of the topography shall be extended sufficiently beyond the tract's Hidden Creek Estates_ Tentative Tract Map fTTMl 17842 Conditions of Approval Page 4 of 19 pages boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the Orange County benchmark n datum. All drainage design must depict proper conveyance to the on-site street i, or a City approved drainage facility with appropriate pre-treatment facilities or Best Management Practices (BMP) in place pursuant to the National Pollutant Discharge Elim ination System (NPDES) permit requirements. The following information shall be depicted on the plans: a. Location of all existing trees and indicate trees to be removed and trees to remain in place (DSD) b. Show and identify all pedestrian access ways and traffic crossings on the site plan. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes. Where pedestrian aisles cross driveways, enhanced paving shall be used. (DSD) c. Areas to be protected from grading in order to protect environmental resources (biological, cultural, or historical), and method of protection proposed during grading operations. (DSD) d. Location, height, materials and colors of any retaining walls. (DSD) e. Provide design sections of the sound wall along the OCTA Railroad right-of- way at each lot. (PW&UD) f. Provide design details and sections of the bioswale and biofiltration basin along the Camino Capistrano frontage. (PW&UD) Erosion & Sediment Control Plan Section. Erosion and Sediment Control Plan sheets shall be included within the Grading Plan set for the regulation and control of pollutant run-off by using Best Management Practices (BMPs) as prepared by a California State Registered Civil Engineer for the review and approval by the City Engineer. 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&UO) All grading plans shall be subject to review by a third-party geotechnical n consultant retained by the City to ensure geotechnical stability to the satisfaction n of the City Engineer. (DSD, PW&UD) lJ u lJ Hidden Creek Estates Conditions of Approval Page 5 of 19 pages Tentative Tract Map (TrMJ 17842 1.6 Grading Access and Haul Route Plan. The applicanUsubdivider shall submit the required number of copies of the Grading Access and Haul Route Plan concurrently with Grading Plans to the City Engineer for review, and shall obtain approval of: (PW&UD.) a. An on-site plan showing location of the access point at Camino Capistrano, for the earth moving and grading equipment and for workers vehicles entering and exiting the site. All construction related deliveries and activities shall access the site from an approved access point as approved by the City Engineer. b. An off-site haul route plan for soil importationlexportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. Prior to commencement of all hauling activities, the applicant shall obtain a Haul Route Permit and pay required fees. 1. 7 SollsiGeology. The applicant shall submit to the City Engineer concurrently with the Grading Plans for review and obtain approval for a Soils ReporUGeotechnical Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements for the project and preliminary pavement sections and substructure beddinglbackfill recommendations . The Soils Report/ Geotechnical Feasibility Study shall be consistent with the Soils Report/Geotechnical Study as submitted as part of the Tentative Tract Map 17842 review for the project. The Report/Study shall provide recommendations for the sound wall foundation design. (PW&UD) 1.8 Site Plans. The applicantlsubdivider shall submit the required number of copies of an updated set of Site Plans concurrently with the Grading Plans as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The updated Site Plan set shall be specific to the project, and be consistent with the conceptual site plan set (Utility and Drainage) as submitted as part of the TTM 17842 submittal with the following plan sections: a. On-S ite and Off-site Wet Utility Plans . The On-site and Off-site Wet Utility Plans shall show the existing constructed sewer and water service lines and their corresponding points of connection with the City public main lines, and all Off-site and On-Site storm drain piping and treatment systems. The plan shall include, but is not limited to, all pertinent design information such as proposed invert elevations, diameters of pipe, type of pipe, length of pipe, slope of pipe (if applicable), horizontal dimensions from center line of street and between utilities, and existing and proposed easement delineations. The plan shall also include several specific cross sections which depict the existing grade, finish grade, and utility locations. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (PW, UD) Hidden Creek Estates_ Tentative Tract Map fTTMJ 17842 Conditions of Approval Page 6 of 19 pages b. On-Site and Off-site Drv Utility Plans . The On-site and Off-site Dry Utility Plans shall show all schematic existing and proposed electrical, gas, n telephone and cable television main and service locatio~s1 to 1 _ ens~reh : compatibility with existing and proposed improvements . All ut1 ity mes w1t junction structures shall be underground , un less otherwise noted . The plan shall include, but is not limited to, all pertinent design information such as proposed conduit elevations, diameters of conduit, type of condu it, length of conduit, horizontal dimensions from cl of street and between utilities, and existing and proposed easement delineations. The plan shall also include several specific cross sections which depict the existing grade, finish grade, and utility locations. Any deviation from these requirements shall be subject to prior City Engineer review and approval. (PW&UD) Hydrology Study Update The applicant/subdivider shall also provide any updates to the conceptual hydrology study if there are changes made as part of the updated Site Plan submittal. Based on the updated Hydrology Study results, 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 n 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. 1.9 Construction Cost Estimate. The applicant/subdivider shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include, but not limited to, costs for construction of all applicable grading, erosion control, drainage, walls, and other improvements related to rough and precise grading plans and related Site Plan Improvements that are proposed to be constructed under a grading permit. Construction cost estimates of facilities that will be dedicated to the City for operation and maintenance shall comply with the California Labor Code Section 1720 with respect to the prevailing wages requirements. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW&UO) 1.10 Post Securities/Surety Agreement. The applicant/subdivider shall enter into a Grading Surety Agreement as approved by the City Engineer and City Attorney and provide Performance Bonds/Securities for 100% of each grading, site improvements, and/or right-of-way encroachment construction estimated costs as prepared by a Registered Civil Engineer for approval by the City Engineer and as to form by the City Attorney. In addition, where applicable within the City's n right-of-way, the applicant/subdivider shall provide a Labor and Materials Bonds/Securities for 1 00% of the above estimated construction costs as determined by the City Engineer. (PW&UD) i . u u u Hidden Creek Estates_ Tentative Tract Map (TTMJ 17842 Conditions of Approval Page 7 of 19 pages 1.11 Mitigation of Drainage and Grading Problems. The applicant/subdivider shall adhere to the following conditions during the entire grading and construction operation: (DSD & 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 Engineer and Development Services Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. 1.12 Construction Phasing and Mitigation Program . The applicant/subdivider shall pay a cash deposit for restoration and cleanup efforts In the amount of 25% of the grading construction cost estimate 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&UD & 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 import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Development Services Director and Public Works and Utilities Director 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 and 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. Hidden Creek Estates_ Tentative Tract Map fTTM) 17842 1.13 Water Quality Management Program . Conditions of Approval Page 8 of 19 pages a. The applicant/subdivider shall submit concurrently with the rough grading n plans, erosion control plans, and site plans an updated Water Quality · Management Program (WQMP), as prepared by a Californ ia State Reg istered Civil Engineer, to the City Engineer for review and approval. All erosion and sediment control measures as specified in said approved WQMP shall be implemented during the rough grading operation to the satisfaction of the City Engineer. The updated WQMP shall be consistent with the conceptual WQMP as part of the TTM 17842. {PW&UD) b. Prior to issuance of precise grading permit, the applicant/subdivider shall submit an updated final WQMP as prepared by a California State Registered Civil Engineer to the City Engineer for review approval. (PW&UD) 1.14 Fire Flow Demand. The applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the City Utilities Division and be submitted to the Fire Chief and Utilities Division for approval. (OCFA, PW &UD) 1.15 Fire Master Plan. The applicant/subdivider shall submit a Fire Master Plan to the OCFA Chief and City Utilities for review and approval of location of fire hydrants . (OCFA & PW&UD) 1.16 Public facilities located in easements . All public facilities such as drainage, sewer, and water shall be designed in compliance with the City Standards and n~~· shall be located within the public right-of-way or within dedicated easements, as approved by the Assistant Utilities Director and the City Engineer. (PW&UD) 1.19 Reciprocal Agreements. The applicant/subdivider shall prepare and submit to the City Engineer for review and shall obtain approval for the proper easement and agreement documents associated with Lots 2 to 8 on TTM 17842 for maintenance, reciprocal parking and access purposes. (PW&UD) 1.20 Existing Easements . Applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW&UD) 1.21 Perm ission to Grade from Others . The applicant shall submit to the City Engineer, for any necessary off-site grading, a notarized written permission from adjacent property owners affected by said off-site grading. (PW&UD) 1.22 Drainage Acceptance Letter. Drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW&UD) n , I I I i I w u lJ Hidden Creek Estates_ Tentative Tract Map (TTMJ 17842 Conditions of Approval Page 9 of 19 pages 1.23 Off-site Easements . Applicant shall obtain and record off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e. slopes, street improvements, walls, drainage, water, sewer, etc.). The applicant shall bear all costs for obtaining said easements. If said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary as approved by the City. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (PW&UD) 1.24 Archaeological Monitoring. The applicant shall submit to the Development Services Department documentation that a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) has been retained to monitor site clearing, grading, and excavation activities, stating the name, qualifications, and contact information for the archaeologist. (DSD) 1.25 Native American Monitor. Prior to and during construction/grading activities, a native American monitor shall be retained to observe construction/grading activities that result in grading, excavating, and/or trenching on or below the original ground surface (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc. and roadway improvements). The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during grading that may be considered sacred or important. In the event that evidence of human remains is discovered, the Native American monitor shall verify that the archaeologist has notified the coroner. 1.26 County Surveyor Requirement. Existing controlling monumentatlon shall be protected by tying it out and filing Corner Records with the County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the new surface following construction, and again file a Comer Record with the County Surveyors Office showing the final monumentation. (PW&UD) OCFA PROTECTION CONDITIONS: 1.27 Fuel Modification Plan . The applicant shall submit to OCFA a Conceptual/precise fuel modification plan (service codes PR120-PR124). A conceptual fuel modification plan shall be approved prior to submittal of other plan types. A precise fuel modification plan shall be approved prior to issuance of a precise grading permit. 1.28 Fire Access Roads. The applicant/subdivider shall submit and obtain approval from the OCFA Chief and City Staff 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) Hidden Creek Estates_ Tentative Tract Map (TTMJ 17842 Conditions of Approval Page 10 of 19 pages 1.29 Fire Lanes. The applicant/subdivider shall submit and obtain approval from the OCFA Ch ief and City Staff plans for fire lanes on required fire access roads. The n pla ns shall indicate the locations of red curbs and signage and include a detail of 1 the proposed signage, including the height, stroke and colors of the lettering and I 1 its contrasting background. (OCFA) 1.30 Fire Road Access Gates. The applicant/subdivider shall obtain approval from the OCFA Chief for the construction of any gate across required fire access roads. (OCFA) 1.31 Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking on MFire Prevention" and then MPianning & Development Services. n Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least two days in advance to schedule the lumber drop inspection. Vegetation Clearance Inspection/Release: The developer/builder shall implement those portions of the approved fuel modification plan determined to be necessary by the OCFA and a confirmation of proper vegetation clearance shall be issued 'n .. by the OCFA to the local build ing de partment prior to issuance of either building perm its or bring ing lumber or other combustib le materials into the area , whichever comes first. Removal of undesirable species may meet this requirement or a separation of combustible vegetation for a minimum distance of 100 feet from the location of the structure and lumber stock-pile may be acceptable. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fuel modification plan at least two days in advance to schedule the vegetation clearance inspection. Fuel Modification Inspection for Occupancy: Prior to issuance of temporary or final certificate of occupancy, the fuel modification zones adjacent to structures must be installed, irrigated, and inspected. This includes physical installation of features identified in the approved precise fuel modification plan (including, but not limited to, plant establishment, thinning, irrigation, zone markers, access easements, etc). A written disclosure may be requested by the OCFA Inspector indicating that the homeowner is aware of the fuel modification zone on their land and that they are aware of the associated restrictions of the zone. Copies of buyer or builder signed emergency and maintenance access easements shall be presented upon occupancy final. Fuel Modification Ma intenance: The property owner is responsible for all maintenance of the fuel modification indefinitely in accordance with the approved fuel modification plans. The property owner shall retain all approved fuel n modification plans. As property is transferred, property owners shall disclose the . ) location and regulations of fuel modification zone to the new property owners. u u u Hidden Creek Estates_ Conditions of Approval Page 11 of 19 pages Tentative Tract Map (TTMJ 17842 2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY FINAL MAP AND IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT: 2.1 Final Tract Map Submittal. 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 and all other requirements within the City's Municipal Code and Subdivision Map Act. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (PW&UD) 2.2 Compliance with Map Act and Municipal Code. The Tract map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. (PW&UD) 2.3 Public Facility Easements to be In Lettered Lots Maintained by the Home Owners Association (HOA). The applicant/subdivider shall demonstrate to the satisfaction of the City Engineer and Utilities Assistant Director 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 Assistant Director. If facilities are proposed in easements, said easements shall be placed in lettered lots with minimum 20-foot wide road and their surfaces shall be maintained by the HOA. Any exception shall be subject to review and approval by the City Engineer and Utilities Assistant Director. (PW&UD) 2.4 Private Drive Easement. The applicant shall indicate on the Final Map that the proposed 28' wide common access street will be serving the eight residential lots of this Tentative Tract 17842. The map notation shall designate the access street as private and the Covenants, Conditions and Restrictions (CC&Rs) shall include the maintenance obligations of the Home Owners Association. (PW&UD) 2.5 Public Dedicated Easements. The applicant/subdivider shall depict on the final map the following easements (PW&UD): a. Public Utility, Sewer, and Water as identified on the approved TTM 17842 within the interior of the development. b. Emergency Access, public service vehicle access and lots 2 through 8 reciprocal ingress/egress easements as identified on the approved TTM 17842 within the interior of the development. 2.6 Street Access Release. The applicant shall indicate and show on the Final Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Camino Capistrano except at the proposed access street intersection. (PW&UD) 2. 7 Public Right-of-Way Dedication . The applicant shall dedicate to the City the necessary right-of-way, along the Camino Capistrano frontage to accommodate an eighty (80) foot minimum street right-of-way width in accordance with City's Hidden Creek Estates_ Tentative Tract Map (TTMJ 17842 Conditions of Approval Page 12 of 19 pages Secondary Rural Arterial Standard Section. The applicant shall submit to the City Engineer the necessary documentation to dedicate right-of-way at the following n~~ locations (PW&UD): a. Camino Capistrano Street a portion of the Southwest corner of the property approximately 424 sf as depicted on the TTM 17842 (Lot D). Said dedication{s) shall be at no cost to the City, based on the determination by the City Engineer that the required right-of-way is necessary to mitigate the traffic and circulation impacts of the project. b. Additionally, the applicant to provide a good faith effort and assist the City with the acquisition and dedication of the 8 foot wide Right-of-Way from adjacent property owner as depicted on the Tentative Tract Map 17842. Said good faith effort and dedication(s) shall be at no cost to the City. c. Furthermore, the applicant to provide a good faith effort and assist the City with the acquisition and dedication of the 20 foot wide Right-of-Way from adjacent property owner as depicted in the Tentative Tract Map 17842. Said good faith effort and dedication(s) shall be at no cost to the City. 2.8 Storm Runoff Management Pla n. The applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, an update to the Storm Runoff Management Plan prepared by a Registered Civil Engineer. The Management Plan shall show existing and proposed facilities provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic and hydrology studies and calculations and the methods of draining on- site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. Said study shall be consistent with the City's Master Drainage Plan and in accordance with all applicable City regulations and Orange County Public Facilities & Resources Department (PF&RD) design criteria, and standards. {PW&UD) 2.9 Drainage Improvement Plans . The applicant/subdivider shall submit the Drainage Improvement Plans specific to the project, concurrently with the Street/Sewer and Water/Dry Utility Improvement Plans, to the City Engineer for review and approval, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities for the entire site with specific detail information on the drainage improvements such as, but not limited to, all storm drain systems, detention/retention basins, drop inlets, catch basins, culverts, storm drain junction structures, treatment facilities, and other surface and subsurface drainage civil works as required by the Hydraulics/Hydrology Study and WQMP. The biofiltration basin along the Camino Capistrano frontage shall be designed to accommodate the required 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 n which meet the National Pollutant Discharge Elimination System (NPDES) ~n requirements with City Engineer approval. 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 lJ lJ lJ Hidden Creek Estates_ Tentative Tract Map (TTMJ 17842 Conditions of Approval Page 13 of 19 pages drainage facility . (PW&UD) Erosion & Sediment Control Plan Section. Erosion and Sediment Control Plan sheets shall be Included within the Drainage Improvement Plan set for the regulation and control of pollutant run-off by using Best Management Practices (BMPs) as prepared by a California State Registered Civil Engineer for the review and approval by the City Engineer. 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) 2.10 Street Improvement Plans . The applicant/subdivider shall submit Street Improvement Plans prepared by a Registered Civil Engineer concurrently with the Drainage, Sewer and Water, and Dry Utilities Plans, to the City Engineer for review and approval. These plans shall show all existing and proposed Improvements Including, but not limited to, easements, traffic calming devices, striping, signage, signalization, curb and gutter, sidewalks and all related appurtenances. All design of improvements shall comply with the City Standard Plans, Orange County Standard Plans, or equivalent standards that are approved by the City Engineer. The Street Improvement Plans for Camino Capistrano frontage area shall include but not be limited to the following (PW&UD): a) A southbound, 1 00-foot right-tum lane, into the project. The right-turn lane shall be a minimum eight feet wide. All tapers and transitions shall be per Caltrans standards. b) A northbound, 100-foot left-tum lane, into the project. The left-turn lane shall be a minimum eleven feet wide. All tapers and transitions shall be per Caltrans standards. c) All radii at the intersection of Camino Capistrano and the private street shall be a minimum 25-foot radius. d) The geometries of the private street shall be designed to accommodate the turning radii for a "Single Unit" vehicle with parked vehicles. e) Street width for the private street shall be a minimum 28 feet with parking allowed on one side only. f) g) Old Highway 101 shall be retained to the maximum extent possible. Delineated dedicated street right-of-way along Camino Capistrano frontage to accommodate an 80 foot minimum right-of-way width in Hidden Creek Estates_ Conditions of Approval Page 14 of 19 pages Tentative Tract Map ITTM) 17842 h) accordance with City's Secondary Rural Arterial Standard Section. The existing bicycle lanes along Camino Capistrano shall be maintained and incorporated in the street design. 2.11 Final Landscaping Plans. The applicant shall submit final landscaping plans concurrently with the Drainage and Street Plans, to the Development Services Director for review and approval. The landscape plan shall comply with the City's Water Conservation Ordinance. The landscape plan shall include the following: a. Plant palate list, plant details, irrigation plan and details, etc. All proposed specimen trees to be planted along the Camino Capistrano frontage shall be situated on the project site outside the public right-of-way. b. The applicant shall preserve the remnants of the 1880s wagon on-site and shall be situated in the landscaped common area between the proposed private street and Camino Capistrano. The applicant shall enter into a landscape maintenance agreement with the City to maintain the existing trees along the Camino Capistrano frontage of the project site which serve as a visual buffer to the project. 2.12 Construction Cost Estimate. The applicant/subdivider shall submit an estimate of quantity and construction costs prepared by a Registered Civil Engineer on the City approved form concurrently with the Drainage, Sewer and Water, Street, Dry Utilities, and Landscape and Irrigation Plans, to the City Engineer for review and approval. Said estimates shall include, but not limited to, costs for construction of all applicable improvements associate with the Drainage, Sewer and Water, Street, Dry Utilities, Landscape and Irrigation Plans, as well as costs associated with the setting of survey monuments "Monumentation" of the property (collectively herein referred to as the "Subdivision Improvement Agreement Costs"). Construction cost estimates of facilities that will be dedicated to the City for operation and maintenance shall comply with the California Labor Code Section 1720 with respect to the prevailing wages requirements. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. {PW&UD) 2.13 Subdivision Improvement Agreement with Bonds and Securities. The applicant/subdivider shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities in the form approved by the City Attorney for 100 percent of each estimated Subdivision Improvement Agreement Cost within the City approved forms, inclusive of soft costs {e.g. Materials Testing, Inspection, Construction Management, Surveying, etc .. ), as prepared by a Registered Civil Engineer and approved by the Public Works and Utilities Assistant Directors, 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 drains, sewer, water, recreational trails, landscaping and irrigation in rights-of-way, public easements, private slopes, and open space. In addition, the applicant shall provide labor and materials bonds/securities for 100 percent of the estimated Subdivision n i I . I ,........, i I u u u Hidden Creek Estates Conditions of Approval Page 15 of 19 pages Tentative Tract Map fTrMJ 17842 2.14 2.15 Improvement Agreement costs, inclusive of the associated soft costs, as determined by the City Engineer and Public Works and Utilities Assistant Directors. The collective performance and material and labor bonds shall be submitted concurrently with the execution of the Subdivision Improvement Agreement to the City Engineer and City Attorney for review and acceptance to seek approval from the City Council for recordation pursuant to the City Municipal Code requirements. Release of bonds or securities shall be in accordance with the terms of the Subdivision Improvement Agreement associated with TTM 117842, if applicable, or as determined by the City Engineer. (PW&UD) Dedications and Maintenance Responsibility . The applicant/subdivider shall indicate on the Final Map, to the satisfaction of the City Engineer and Public Works and Utilities Assistant Directors, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PW&UO) Dedication of Water Facilities. The applicant/developer shall dedicate on the Final Map, at no cost to the City, all public water facilities, water rights, and all required easements with minimum 20 feet width, to the City for project improvements. (PW&UD) 2.16 Homeowners Association-Maintained Improvements . 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), landscaping, and irrigation facilities within the interior of the subdivision owned by the Association, shall be maintained by the homeowners association or shall make other provisions for maintenance to be approved by the City. City will restore removed pavement for the purpose of repairing on-site public facilities per the City standards. The Homeowners Association will 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 water lines and storm drainage lines within the proposed development. (PW&UD) 2.17 CC&R's. The applicant/subdivider shall submit for review, and shall obtain the approval of, the Development Services Director, City Engineer, Utilities Assistant Director, and City Attorney, a set of Covenants, Conditions, and Restrictions (CC&Rs). Said CC&Rs shall be recorded with the Final Map and shall include, but not be limited to, the following: a. Creation of a Homeowners 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, irrigation systems, landscaped areas, watts, driveways, parking areas, structures, private streets, street tights, drainage facilities, and all other areas to be owned and maintained by the Homeowners 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, landscaping, and irrigation facilities within the interior of the subdivision designated as private shall remain Hidden Creek Estates_ Tentative Tract Map (TTM) 17842 Conditions of Approval Page 16 of 19 osges private and shall be maintained by the Homeowners Association, or shall make other provisions for maintenance, as approved by the City Council. n·~:· (PW&UD&DSD) 2.18 Submission of Digital 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 digita'l 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 plans. (PW&UD) OCFA PROTECTION CONDITIONS: 2.19 Secured Fire Protection Agreement. The applicant/subdivider shall submit evidence of a Secured Fire Protection Agreement with the Orange County Fire Authority (OCFA) to mitigate adverse cumulative impacts of the project on the OCFA. Such an agreement may include participation on a pro rata basis in funding capital improvements necessary to establish adequate OCFA protection facilities to serve the project. (OCFA) 2.20 Fire Protectjon Area Notation. 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) 2.21 Fire Sprinkler Notation . The applicant/subdivider shall include a note on the map stating that all residential structures and all structures exceeding OCFA access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the OCFA Chief. (OCFA) 2.22 Combustible Construction Letter. Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. Please contact the OCFA at (714) 744-0499 to obtain a copy of the standard combustible construction letter. 3. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S): 3.1 Access Rights Dedication. The applicant/subdivider shall grant access rights to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer, prior to recordation. (PW&UD and DSD) 3.2 California Native/Friendly Landscaping. The applicant/owner shall submit a preliminary landsc~pe irrigation plan for the common areas including the street n I I n u u u Hidden Creek Estates Conditions of Approval Page 17 of 19 pages Tentative Tract Map (ITMJ 17842 3.3 frontage area, to the Development Services Department for review and approval. Said plan shall be limited to the use of California native/friendly plants as detennined by the Development Services Director or his designee. Furthermore, the use of Invasive plant species shall be expressly prohibited. Mylar of Final Map. 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: 3.4 Confirmation Letter. The applicant/subdivider shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fire protection access roads shall be In place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. (OCFA) 3.5 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY CERTIFICATE(S) OF OCCUPANCY: 4.1 Completion of All Improvements to the City's Satisfaction . Prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer and Public Works and Utilities Assistant Directors, all site improvements required of this development pursuant to the approved improvement plans. In accordance with the Subdivision Improvement Agreement, and as necessary to serve the development, including the access and street improvements on Camino Capistrano as follows: (PW&UD) a. A southbound, 1 00-foot right-tum lane, into the project. b. A northbound, 1 00-foot left-turn lane, into the project. c. All radii at the intersection of Camino Capistrano and the private street shall be a minimum 25-foot radius. d. The private street shall be constructed to accommodate the turning radii for a wsingle Unit" vehicle with parked vehicles on one side. e. Street width for the private street shall be a minimum 28 feet with parking allowed on one side only. Hidden Creek Estates_ Tentative Tract Map fTTMJ 17842 Conditions of Approval Page 18 of 19 pages f. The existing bicycle lanes along Camino Capistrano shall be maintained. 4.2 Filing with County Surveyor the Corner Records. The applicant's surveyor shall nJ 1 file the appropriate corner records with the County Surveyor and show written affirmation Indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code. (PW&UD) 4.3 Installation of Landscaping and Irrigation System. The applicant/subdivider shall submit a letter to the Development Services Director, signed by a Registered Landscape Architect, stating that all materials for all common area landscaped areas have been installed in acx:ordanoe with the approved plans 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) (DSD & PW&UD) OCFA PROTECTION CONDITIONS: 5. 4.4 Hydrant "Blue Dots". 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) 4.5 Completion of Sprinkler System. The applicant/subdivider shall demonstrate that any required sprinkler system is operational in a manner meeting the approval of the OCFA Chief. (OCFA) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES: 5.1 Provide Record Drawings. The applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, the reproducible Record Drawing Mylar's of all on-site and off-site Works of Improvements plans completed and accepted. Said Record Drawings shall be prepared by a Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies of all Record Drawings in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". (PW&UD) 5.2 Videotape of Sewers and Storm Drain Pipes. The applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a videotape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The videotape shall become the property of the City. (PW&UD) 5.3 Monumentation and Corner Records. The applicant/subdivider's surveyor shall set all required monumentation and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (PW&UD) n n u I I u 1 j : ' I . I , w Hidden Creek Estates_ Tentative Tract Map fTTMJ 17842 Responsible Departments/Agencies: DSD: DSD-B&S: PW&UD: OCFA: Applicant Acceptance of Conditions of Approval: Signature of (name & title) Conditions of Approval Page 19 of 19 pages Development Services Department DSD Building & Safety Division Public Works and Utilities Department Orange County Fire Authority Date l I ' ' SUBDIVISION IMPROVEMENT AGREEMENT SUBJECT: TENTATIVE TRACT MAP 17842 THIS AGREEM E NT is mad e this 1~ day of !/:r." J 2016 between the CITY OF SAN JUAN CAPIS TRANO, a municipal co r po ration , State of California, hereinafter referred to as "City" and Abdu H. Adam, whose mailing address is 29921 Camino Capistrano San Juan Capistrano, CA 92675, hereinafter referred to as "Subdivider": WHEREAS, the tentative map application was conditionally approved by Resolution No. 15-08-04-02; and, WHEREAS, Subdivider is the owner of that certain parcel of land situated in the City of San Juan Capistrano, Orange County, generally described as Vesting Tentative Tract Map 17842 and Subdivider proposes to do and perform certain work of improvement thereon as hereinafter set forth; and WHEREAS, City desires to assure that said proposed improvements will be done in a good workmanlike manner and in accordance with the laws now in force and effect in the City of San Juan Capistrano , California, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares that he is familiar with the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and WHEREAS, a Final Map of said subdivision prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council. NOW THEREFORE, in consideration of the approval and acceptance by the City Council of City of said Final Map and the acceptance of easements therein offered for dedication for street and other public purposes and the covenants herein contained , the parties hereto mutually covenant and agree as follows: 1. Gene ral Requ irements : Subdivider shall comply with all the conditions of approval set forth in City Council Resolution No. 15-08-04-02 for Tentative Tract Map 17842 and shall, at his own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the works of improvement depicted on the plans entitled: Improvements of Plans for Precise Grading, Sewer and Water Improvement Plans for Tract 16572, and Street Improvement Plans for Tract Map 16572, as approved by the City Engineer on May 22, 2006, October 4, 2006, and July 2, 2007 respectively (the "Works of Improvement"), set forth in Exhibit "A", to the satisfaction 1 ATTACHMENT 3 of the City Engineer. Such works of improvement shall include but not be limited to the placement of curb markers at all proposed street catch basin inlet structures in accordance with the National Pollution Discharge Elimination System (NPDES) requirement. 2. Security: A. Subdivider shall, at all times beginning with the execution of this agreement, guarantee Subdivider's performance of this agreement by providing City with the following security instruments (the "Security Instruments"), as required by the State Subdivision Map Act, on forms approved by City for the purposes and in the amounts as follows: (i) A Faithful Performance Bond to ensure faithful performance of this agreement in regard to said improvements in the amount of 100% of the estimated cost of construction of the improvements and 1 00% of the estimated cost of the water improvements and shall include the cost of inspection, material testing, surveying, administration and construction management ; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 1 00% of the estimated cost of construction of the improvements and 1 00% of the estimated cost of the water improvements; and (iii) A Subdivision Monument Bond in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". B . In order to guarantee and warranty the Works of Improvement and in addition to the security instruments referenced in Paragraph 2(A) above, Subdivider shall provide to City the following Security Instruments: (i) Prior to the City's final acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall provide to City a Warranty Bond for Works of Improvement warranting the accepted Works of Improvement for a period of one (1) year following said acceptance against any defective work or labor done or defective material furnished. The amount of such Warranty Bond for Works of Improvement shall be equal to twenty-five percent (25%) of the estimated construction cost set forth in Exhibit "A" and shall include the cost of inspection, material testing, surveying, administration and construction management, or a suitable amount determined by the City Engineer. 2 (ii) Prior to the City's final acceptance of the landscape and irrigation Works of Improvement, Subdivider shall provide a Landscape and Irrigation Warranty Bond warranting the landscape and irrigation Works of Improvement for a period of (1) year following said acceptance against any defective work or labor done or defective material furnished for any reason other than improper maintenance. The amount of such Landscape and Irrigation Warranty Bond shall be equal to twenty percent (20%) of the landscape architect's estimated construction cost and shall include the cost of inspection, material testing, surveying, administration and construction management, or a suitable amount determined by the City Engineer. The Landscape and Irrigation Warranty Bond shall be held by the development's Homeowners' Association ("HOA"). All Security Instruments required by this Agreement, with the exception of the Landscape and Irrigation Warranty Bond, which is submitted to the development's HOA, shall be kept on file with the City Clerk. The terms of the Security Instruments required by this agreement are hereby incorporated in this Agreement by reference. City Engineer shall release the Faithful Performance Bond upon Subdivider's written request following acceptance by City of the Works of Improvement and Subdivider's delivery to City of the Warranty Bond for Works of Improvement. City Engineer shall release the Labor and Materials Bond upon Subdivider's written request and following acceptance by City of the Works of Improvement and after expiration of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division Third of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Bond until (a) such claims have been resolved, (b) Subdivider has provided a statutory bond, or otherwise as required by applicable law. Notwithstanding the foregoing, City shall release the security to the extent required by the Subdivision Map Act. City Engineer shall release the Warranty Bond for Works of Improvement upon Subdivider's written request following the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work. The release ofthe Landscape and Irrigation Warranty Bond held by the HOAwill be determined by a separate agreement between the developer and the HOA. 3 2.1 Form of Security Instruments. All Security Instruments shall meet the following minimum requirements and otherwise shall be in a form acceptable to the City Attorney: (i) Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858; any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's; (ii) Payments under the Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the County of Orange, State of California; (iii) Each of the Security Instruments shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with paragraph 3 herein; (iv) The Security Instruments shall reference Subdivider's obligations under this Agreement, shall be irrevocable, and shall include as an additional obligation secured the responsibility to compensate City for all of the City's attorneys' fees and litigation expenses reasonably incurred enforcing its rights under the Security Instruments. 2.2 Security Devices In-Lieu of Bonds. Subject to City's approval, which may be withheld in the City's sole discretion, Subdivider may elect to substitute an irrevocable letter of credit or certificate of deposit to secure all obligations under this Agreement and as otherwise specified to be secured by the Security Instruments. Such irrevocable letter of credit or certificate of deposit shall be provided on City approved forms. 3. Time of Completion: All of the Works of Improvement shall be completed within twenty-four (24) months from the effective date of this Agreement. The time for completion may be extended by the City Engineer, in writing, for good cause shown by the Subdivider. Subdivider shall compensate the City for all costs reasonably incurred in having its authorized representatives perform the usual and customary engineering services during said extension as specified in Section 19 of this Agreement. In the event that Subdivider fails to complete the Works of Improvement within said period or any approved extension, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. The City 4 may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of said Works of Improvement. 3.1 Force Majeure: Notwithstanding the provisions of paragraph 3 herein, Subdivider's time for completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the Scope of Work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than thirty (30) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. 3.2 Continuous Work: After commencement of construction of the Works of Improvement (or separable portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period of more than thirty (30) days, events of force majeure excepted. 3.3 Reversion to Acreage: In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20.3. In this regard, Subdivider agrees that if none of the Works of Improvement referenced herein have been made within the specified "Time of Completion" referenced in Section 3 of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, any improvements made by or on behalf of Subdivider after the date City initiates such action shall not be considered in determining City's authority to revert the Property to acreage. 4. Effective Date of Agreement: This Agreement shall not become effective unless and until the subdivision map has been approved by the City Council and also accepted for recordation by the County Recorder of the County of Orange. 5. Utility Deposits-Statement: 5 Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and City Engineer, signed by the Subdivider, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision. 6. Permits -Compliance with Law: Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of required improvements, give all necessary notices and pay all fees and taxes required by law. 7. Definitions and Ownership of Improvements: The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, domestic and non-domestic water, utilities, such as electric, telephone and cable TV, conduits, gas lines, drainage facilities, traffic controls, landscaping and irrigation, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer. No work on said improvements shall be commenced until plans and profiles therefore have been submitted to, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of said improvements by the City Council. 8. Obligations of Subdivider: Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing said work or the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications including supplementals and revisions prepared by Subdivider or its registered engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to said codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices. 6 Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner. 12. Inspection by City: Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The Subdivider shall pay the cost of inspections. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted. No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered. The date on which the Works of Improvement will be considered as complete shall be that date on which the City Council accepts the improvements and authorizes the City Clerk to file a Notice of Completion with respect thereto. 13. Authority of the City Engineer: All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform with City Codes and Standards and the plans and specifications mentioned herein, including subsequent revisions that may have been previously overlooked during the plan review process. Any damage to the improvements (existing or new) that occurs during or after installation of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to make a final decision in regard to all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor( s ). 14. Changes in the Work: 8 In addition to the foregoing, Subdivider shall satisfy all the conditions of approval set forth on the City approved tentative map for the Property. Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the Works of Improvement in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 9. Intent of Plans and Specifications The intent of the plans and specifications referenced above is to prescribe a complete work of improvement, which Subdivider shall perform, or cause to be performed in a manner acceptable to the City Engineer (or designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the plans and specifications may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made of information necessary to carry out the full intent and meaning of the plans and specifications, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the plans, specifications, or related documents, reference shall be made to the City Engineer whose decision thereon shall be final. 10. Supe rintendence by Subdivider: Subdivider shall give personal superintendence to the Works of Improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider. In the event the Subdivider is not exercising satisfactory superintendence, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected. 11 . Repair and Replacements: Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. 7 The City Engineer, without invalidating this Agreement and without notification to any of the sureties referenced in Section 2 of this Agreement, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer to accomplish the purposes of this Agreement and to protect the public health, safety, and welfare. It is mutually understood that it is inherent in the nature of the work contemplated by this Agreement that some changes in the plans and specifications and related documents may be necessary during the course of construction to adjust them to field conditions and to assure the protection of the public health, safety, and welfare. The City Engineer shall notify Subdivider or Subdivider's contractor(s) in writing (by Correction Notice) at the time a determination has been made to require changes in the Works of Improvement. No field changes performed or proposed by Subdivider or its contractor(s) shall be binding on City unless approved in writing by the City Engineer. 15. No Warranty by City: The plans and specifications and related documents for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the plans or specifications or related documents. 16. Liability for Performance, Injury or Damage : Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof. 17. Indemnifications and Release : Prior to the commencement of any work pursuant to this contract, Subdivider (if performing work itself) or Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as result thereof. Minimum liability and property damage insurance shall be not less than $1,000,000 for 9 all damages arising out of bodily injury to or death of one person and not less than $5,000,000 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less than $500,000 for all damages and/or destruction of property in any one occurrence and not less than $5,000,000 for all damages and/or destruction of property during the policy period. Said policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this Agreement, including extensions. Said policy shall state by its terms and by an endorsement that it shall not be canceled until City shall have had at least ninety (90) days' notice in writing of such cancellation. The Subdivider hereby releases and agrees to defend, indemnify and hold the City harmless from and against any and all injuries to and deaths of persons and damage to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whenever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the subject property and the premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and damage to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whenever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and subcontractors, while engaged in the performance of said work. 18. Liability of Subdivider: The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of the Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision. 19. Subdivider's Expenses: The Subdivider shall pay these additional expenses : a . The Subdivider shall cause to be made and/or pay for soil tests made by a reputable Geotechnical consultant/firm to determine stability, gradation, bearing, and resistance value of soils within the subdivision 10 from which to determine the nature and design of appropriate improvements. The Subdivider shall also pay for all compaction and related tests necessary to determine that all fill work and the utility trench backfill has been satisfactorily placed. b . All service (including plan check and inspection), impact and connection fees as established by City shall be paid for each lot in the subdivision in accordance with the City Code . c. All actual costs for, design, plan check, development process and inspection incurred by the City in evaluating any proposed or agreed upon change in work. In no event shall Subdivider be entitled to additional inspections or final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, inc~uding, without limitation, charges for applicable penalties and additional required inspections. d. Subdivider shall compensate the City for all actual costs reasonably incurred in having its authorized representatives make the usual and customary engineering services beyond the specified "Time of Completion" referenced in Section 3 of this Agreement. Said actual costs include: inspection of Works of Improvement, engineer design review, plan check and project development process. Subdivider agrees to pay the cost of said City services within forty-five (45) days of invoice date, or as determined by the City Engineer. 20. Relationship of Contractors: It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, and that the contractors' relations to City, if any, are those of independent contractors. 21. Certification of Satisfactory Completion: Upon the satisfactory completion of the Works of Improvement by the Subdivider, the City Engineer shall certify that the Works of Improvement have been satisfactorily completed. 22. Repairs or Reconstruction of Defective Work : If, within a period of one year after City Council acceptance of the Works of Improvement performed under this Agreement, any of the improvements or work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective or otherwise 11 unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus an amount equivalent to the current general City overhead costs. 23. Warranty : Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, the setting of all required Final Map monuments and agrees to maintain all required landscaping in a vigorous and thriving condition for a period of one (1) year after completion and written acceptance thereof by the City Engineer and by the Homeowner's Association respectively. Only the warranty security for the landscape improvement shall be posted with the Homeowner's Association. All other security instruments shall be submitted to the City in accordance with Section 2 of the Agreement. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed bylaw. 24. Default: 24.1 Remed ies Not Exclusive: In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may be entitled. 24.2 City Right to Perform Work: In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of thirty (30) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider and the surety company, or both, the full cost and expense thereby incurred by City. 24.3 Attorney's Fees and Costs: 12 In the event of any litigation arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and costs shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment. 25. Notice of Completion: Upon approval of the Works of Improvement by the City Engineer and acceptance by the City Council, the Subdivider shall file with the Orange County Recorder a Notice of Completion of the improvements herein specified. 26. Filing of Improvement Plans: Upon completion of the job and prior to final acceptance of the Works of Improvement by the City, the Subdivider shall submit to the City Engineer for review and approval, one Mylar (4 mils) set of "record" drawings as well as digital copies of all improvement plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. These drawings shall be certified and shall reflect the job as actually constructed, with all changes incorporated therein. 27. Assignment: This agreement shall not be assignable by Subdivider without written consent of City. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Subdivider herein named on the __ day of , 2016, the name and corporate 13 seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. DEVELOPER CITY OF SAN JUAN CAPISTRANO 4'.By ~ll/7 AJo Ju-~-- By: ______________________ __ Pam M. Patterson, Esq., Mayor Adtl H. Adam: lts:Owner ATTEST: (Attach Notary Acknowledgement) Maria Morris, City Clerk ATTEST : APPROVED AS TO FORM : Attachment: Exhibit ''A" 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~~{:_, ) ';) On ~\\is \1\ji)\b before me, ,1-J\VX'C\ ~\ ~ itW'Cif\) ~u\Of~ 1\J\J \\( ,. Date Here Insert Name and Title of the Officer personally appeared F\\ ::C\\) ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/8:1'e- subscribed to the within instrument and acknowledged to me that he/sAe4Aey executed the same in his/herltfleir authorized capacity~). and that by his/het'ltMetr signature{s)' on the instrument the perso ~ or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CQL~lOJlfu Signature of Notary Public Though this section is optional, completjn(~~~~~:',~~tion can deter alterati n of the document or fraudulent reattach e'nt of this form to an unintendezdo ment. Description of Attached Documen Title or Type of Document: Docu nt Date:-------+-- Number of Pages: rQner(s) Other Than Named Above:/-----------/--- Capacity(ies) Claimed b Signer's Name:---+--------- 0 Corporate Officer Title(s): ______ _ 0 Partner -0 Li 1ted 0 General 0 Individual C Attorney in Fact Signer's arne: -----------r---- :::J Cor orate Officer -Title(s): __ _,./,___ __ _ 0 P rtner -D Limited D Gener5'/ ndividual D Attorney in F.act 0 Trustee 0 Guardian or Conservator 0 Other:~--------------7"' Trustee D Guardian 9 Conservator D Other: -------~~/ _______ _ Signer Is Representing: --r~--------Sig/ Representing: ---------+- ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SUBDIVISION IMPROVEMENT AGREEMENT-TRACT 17842 EXHIBIT "A" WORKS OF IMPROVEMENT lm(2rovement Ty12e of lmgrovements Estimated Construction Cost Schedule or Bond Amount B Grading Processed through BLDG . Division c Erosion and Silt Control Processed through BLDG . Division D Public Street, Camino Capistrano $63,740.00 E Street and Related appurtenances $7,000.00 E Storm Drain & Grading $11,420.00 G Sanitary Sewer $2,700.00 H Public Water $2,100.00 ! Water and related appurtenances i J Landscaping and Irrigation ~55,000.00 Inspection, Material Testing, Admin, K Survey, and Construction Management $16 ,972 .00 for Street, Storm Drain and Sewer Improvements (D-G) (20%) 1 Inspection, Material Testing, Admin, $420 .00 Survey, and Construction Management for Water Improvements (H&I) (20%) Inspection, Material Testing, Admin, M Survey, and Construction Management $6,000.00 for Landscape Improvements (H&I) (20%) N Monumentation ~21 ,126.00 The Estimated cost of the improvements represents the total cost to complete the improvements within the approved Improvement Plans . Engineer of Record (sign and stamp) 15 SUBDIVISION IMPROVEMENT AGREEMENT-TRACT 17842 EXHIBIT "A" cont. Performance Street Landscape Water Total Performance Labor & Material Street Landscape Water Total-Labor & Material SUMMARY $84,860 (100%) $55,000 (100%) $2,100 (100%) $84,860 (100%) $55,000 (100%) $2,100 (100%) Total -Testing, Administration, Inspection, etc. Total-Monumentation TOTAL CASH SECURITY 16 $141,960 $141,960 $23,292 $21,126 $328,338 ·t •. Bond No : PBi2119600004 SUBDIVISION IMPROVEMENT AGREEMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS : THAT WHEREAS, the City of San Juan Capistrano, California ("City") and Abdu H . Adam ("Principal"), have executed an agreement for work consisting of, but not limited to , the furnishing all labor, materials, tools , equipment, services, and incidentals for all grading, roads , paving , curbs and gutters, pathways , storm drains, sanitary sewers , utilities, drainage facilities, traffic controls , landscaping , street lights , and all other required facilities for Parcel/Tract Map No . 17 842 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated April 25th , 20.!§., ("Improvement Agreement"); WHEREAS , the Improvement Agreement is hereby referred to and incorporated herein by reference ; and WHEREAS , Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Ph iladelphia Indemnity Insura nce Company ("Surety"), a corporation organized and existing under the laws of the State of Pen nsylvan ia , and duly authorized to transact business under the laws of the State of California , are held and firmly bound unto City i n the sum of One Hundred Forty-one Thousand , Nine Hundred Sixty DOLLARS ($141 .960 ), said sum being not less than one hundred percent (1 00%) of the total cost of the Public Improvements as set forth in the Improvement Agreement , we bind ourselves , our heirs, executors and administrators, successors and assigns , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs , executors , administrators , successors or assigns , shall in all things stand to and abide by , and well and truly keep and perform the covenants, conditions, agreements , guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided , to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees , and agents , as stipulated in the Improvement Agreement , then this obligation shall become null and void ; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby , and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obl igation , all to be taxed as costs and included in any judgment rendered. Surety , for value received, hereby stipulates and agrees that no change , extension of time , alteration, or addition to the terms of the Improvement Agreement, or to any plans , 61147 .02100\24632175.1 profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of ____ __:_:A.r;:,;pr~il , 201§_. (Corporate Seal) Abdu H. Adam Prine ~, By / ·-~ ~./17..< Title Developer (Corporate Seal) Philadelphia Indemnity Insurance Company Surety By ________________________ ___ Attorney-in-Fact -Micah Bleecher (Attach Attorney-in-Fact Certificate) Title.....:...;A:.:.:tt:=.or:...:.h:..::e;..L.y..:.-in:..:.-..:..F-=a=-ct=--------- The rate of premium on this bond is $30 per thousand. The total amount of premium chargesis$~$~4~,8~9~3 ____________ ___ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.021 00\24 632175.1 Philadelphia Indemnity Insurance Company 231 Saint Asaphs Road, Suite 100, Bala Cynwyd, PA 19004 Mike Hall 251 S. Lake Ave., Suite 360 , Pasadena , CA 91101 626-639-1323 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd ., Suite I 00 Bala Cynwyd, PA 19004-0950 Power of Attorney 52 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Micah Bleecher, Maria Bleecher, Damon Williams and Denise White of Micah Bleecher Insurance, Inc . DBA Pro Surety Bond, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000 .00 Thi s Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011 . RESOLVED: FURTHER RI<:SOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to (I) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given And , be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and tacsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached . IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED TillS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE TillS 10m DAY OF JUNE 2013. (Seal) t I Robert D. O 'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this I O"' day of J une 2013 . before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein describt.'ll and authorized ofliccr of the PH I LADEL L'I-II A lND[i\-L N ITY INSURANCE 'O MP,\~Y; that the seal aflixed to sa1d UlStrtlmcnt is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed . Notary Public . residing at: Bala Cynwyd PA (Notary Seal) My commission expires: December 18 20 16 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certi:f)· that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this !Or 11 day of June 2013 true and correct and are still in full force and effect I do further certify that Robert D O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 2 t '1\-, day of 4on l I ... ·~,~ .. z&5~ . • ....... " .. 1[}2.7 ... I Edward Sayago, Corporate Secretary , ; PHILADI<:LPHIA INDEMNITY INSURANCE COMPANY .· .. . .. • ··'" '''••oottu•• STATE OF _N_e_v_ad_a _____________ _ ] COUNTYOF _c_la_rk _____________________ __ On April29, 2016 , before me, Susan DeMauro (here insert name and title of the officer) pe~onal/yappeared _M_ic_a_h_B_Ie_e_ch_e_r _____________________________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa city(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature -~ (SEA L) SUSAN DEMAURO NOTARY PUBUC, STATE OF NEVADA My Commission Expires: 09-HJ-1 7 Cerftfic:ata No: 13-1184+1 This area for Official Notarial Seal ----------OPTIONAL----------· Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of th is form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 ATIORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER: ________________________ __ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGN ER(S) OT H ER T HAN N AMED A BOVE AL~PURPOSEACKNOWLEDGEMENT SUBDIVISION IMPROVEMENT AGREEMENT PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL PERSONS BY THESE PRESENTS : Bond No: PB12119600004 THAT WHEREAS, the City of San Juan Capistrano, California ("City") and Abdu H. Adam ("Principal"), have executed an agreement for work consisting of, but not limited to , the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters , pathways, storm drains , sanitary sewers , utilities , drainage facilities , traffic controls, landscaping , street lights, and all other required facilities for Parcel/Tract Map No. 17842 ("Public Improvements"); WHEREAS , the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated _______ A~p~r.:.:...il :;;.:25:.....__, 20..!§_, ("Improvement Agreement"); WHEREAS , the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of .....:P-=e:..::..nn~sy.:..:.lv;;;.an-=ia ______ _ and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of One llundred Forty-one Thousand , Nine Hundred Sixty DOLLARS ($ 141,960 ), said sum being not less than one hundred percent (100 %) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind , or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees , including reasonable attorney's fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of D ivision 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void , otherwise it shall be and remain in full force and effect. 61147.02100\24632175.1 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of _____ A.:;..pr .... il_, 20..:!§_. (Corporate Seal) Abdu H. Adam Princip ~~/ / By ~~.dltltttML Title Developer (Corporate Seal) Philadelphia Indemnity Insurance Company Sur~ By ~-- Attorney-in-Fact -Micah Bleecher (Attach Attorney-in-Fact Certificate) Title_A:...:;t=.:to:.;..m~e:.Ly .... -in"--.... Fa::..:c:..:..t ---------- The rate of premium on this bond is $30 per thousand. The total amount of premium chargesis$ __ $4~,_89_3_~------------- (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.02100\24632175.1 Philadelphia Indemnity Insurance Company 231 Saint Asaphs Road, Suite 100, Bala Cynwyd, PA 19004 Mike Hall 251 S. lake Ave., Suite 360, Pasadena, CA 91101 626-639-1323 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney 53 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonweal th of Pennsylvania, does hereby constitute and app int Micah Bleecho:r . Maria Bleecher, Dam n illiams and Dcni~e White of Micah Bleecher Insurance, In c . DBA Pro Surctv Bond, its true and lawful Altomey-in-fuct with full authority to execute on tiS belml fbonds, undenakmgs, recognizances and other contracts of indemnity and writ(ngs obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000 .00. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I'' day of July , 2011 RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (I) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Com pan) bond an I undcnakings. contract of ind..:1nni ty and other \\Titings obligatory rn th · nat\lre there f and to attach the seal of the Company therelO . and (2) to remove. ot ilr\y t1mc . any such Attornc -m-Fact and revoke the authority given. And, be it That the signatures of such officers and th e seal of th.: Compan , may be allixcd to any such Power of tlorncy or certificate relating thereto b fac s imile , nd any such Power of Auomey so executed and cerufled by facsimile stgnmures and facs1milc seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTlMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS IO"' DAY OF JUNE 2013 (Seal) ······ ~ .......... -~ ·' l i 9 '' , .. ': f Robert D O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this I O"' day of June 2013 , before me came the indivtdual who executed the preceding instnunent, to me personally known , and bemg by m~ dul y s worn said that he is the therein describt.>d and aulhonzed otTicerofthe PIII L 0 Pill INOEi\-h ITY IN 'RA NCE 0;\•IP ~Y ; that the seal affixed to sa1d 111Strument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly atJixed. Notary Public · residing at: Bala Cvnwvd PA (Notary Seal) My commission expires : December 18 .2016 I, Edward Sayago , Corporate Secretary of PHILADELPHIA INDEMNITY IN lJRANCE COMPANY, do herby certi fY that the foregomg resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 1.11 day of June 2013 true and correct and are sull in full force and effect. I do lurtherccrtify that Robert D O 'Leary Jr , who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly clecteri President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, 2' 0 ·r(._ A i In Testimony Whereof! have subscribed my name and atfixed the facsimile seal of each Company this _._,__~.I. __ day of 11\"f/i ~ ,201~ Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY STATE OF _N_e_v_a_da _____________ _ ] COUNTYOF _C_Ia_rk ________________________ _ On April29, 2016 , before me, Susan DeMauro (here insert name and title of the officer) pemonaHyappeared _M_ic_a_h_B_Ie_e_ch_e_r __________________________________________ _ pemonal/y known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscnb ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa city(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument. WITNESS my hand and official seal. Signature L~ ._... NOTARY=.=~NEVADA My Commission Expires: OM9-17 Celtiflcate No: 13-11~1 (S EAL) This area for D.bicial Notarial Seal ----------OPTIONAL---------- Though the data below is not requi red by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of th is form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TI TLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER : ________________________ __ SIGNER IS REPRESENTING : NA ME OF PEASDN(S) DR EN TilY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE AL~PURPOSEACKNOWLEDGEMENT SUBDIVISION IMPROVEMENT AGREEMENT SURVEY MONUMENTS BOND KNOW ALL PERSONS BY THESE PRESENTS : Bond No: PB12119600004 THAT WHEREAS , the City of San Juan Capistrano , California ("City") and Abdu H. Adam ("Principal"), have executed an agreement for work consisting of, but not limited to , the furnishing all labor, materials, tools , equipment, services, and incidentals for the setting of survey monumentation as shown in ParcelfTract Map No. 17842 , which is not to be completed prior to the recording of the final map or parcel map; WHEREAS , the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated _______ A ;_pr_il _2_5t_h __ , 20~, ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference ; and WHEREAS , Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety "), a corporation organized and existing under the laws of the State of Pennsylvan ia , and duly authorized to transact business under the laws of the State of California , are held and firmly bound unto City in the sum of Twenty-one Thousand , One Hundred Twenty Six-DOLLARS ($ 21,126 ), said sum being not less than one hundred percent (1 00%) of the total cost of the setting of monuments as set forth in the Improvement Agreement and payment due to the Engineer or Surveyor for setting such monuments , we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs , executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants , conditions , agreements , guarantees , and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation , all to be taxed as costs and included in any judgment rendered. Surety , for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of t he Improvement Agreement , or to any plans , 61147.02100\24632175.1 profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of April , 20~. (Corporate Seal) Abdu H. Adam Principal By ,d-61/' IMz(cz JPV Title Developer (Corporate Seal) Philadelphia Indemnity Insurance Company :~~---Attorney-in-Fact -Micah Bleecher (Attach Attorney-in-Fact Certificate) T itle-'A:....:.t:.:.:to=rn=e:..Ly....:.;-ln..:....-;....;Fa=c'"'-t -------- The rate of premium on this bond is $30 per thousand. The total amount of premiul:t charges is $.---=$....:.48=9:..::3.:..:.o:..::o ___________ _ (The above must be filled in by corporate attorney.) THIS IS A R EQ UI RED F ORM Any claims under this bond may be addressed to : (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.02100\24632175.1 Philadelphia Indemnity Insurance Company 231 SaintAsaphs Road, Suite 100, Bala Cynwyd, PA 19004 Mike Hall 251 S . Lake Ave ., Suite 360, Pasadena , CA 91101 626-639-1323 PHILADELPHIA INDEMNITY INSURANCE COMPANY 23 I St Asaph's Rd ., Suite I 00 Bala Cynwyd, PA 19004-0950 Power of Attorney 54 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws oflhe Commonw<!alth of Pennsylvania, does hereby constitute and appoint: Micah Blcccher, Maria Ble ec her, Dmnon Williams and Denise White of Micah Bleechcr ln~urance, Inc. DBA Pro urcty Bond, its true and lawful Attorney-in-fact with full authority to execute on it s b~half bonds , Lmden aki ngs , recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of it s business and to bind the Company thereby, in an amount not to exceed $25,000,000 00 This Power of Attorney is granted and is signed an d sealed by fac sim ile under and by the authority ofthe following Resolution adopted by the Board of Directors of PHILADELPHIA fNDEMN!TY INSURANCE COMPANY at a meeting duly called the I" day of July , 2011 RES OLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Com pan to · (I) App.oinc i\ttornc (s) in Fa t uml authonze the ttorncy( ) m Fuct to execute on bdmlf of the Com pan bonds and und.:rtakmgs . comracts of mdemmt and other wnungs obltgatory in the nature thereof nnd to nttnch th<' sea l of the Compun thereto: and (2) to remove, at an time, any s uch ttorm:y-m-F ct and ro!vok.-tile authority given And, be it That the signatures or s uch onicers a nd the ea l of the Company 111 >1-) be uflixed to any suc h Po" ·r of ttorn.:y or certitlcate relatmg thereto by rucs umlc. nnd any such I'O\\cr of Attorney so executed and cert tftcd by lncsimik signatur · a nd lil csi milc seal shall be valid and biding upon the Company in the futur e with the respect to any bond or undertaking to which it is attached . IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTI-IORIZED OFFICE THIS IOnr DAY OF JUNE 2013 ,. /' ' ' .•. (Seal) ., j 9~7 • •• ... ,.,.,u~\ ··:.. ..... ~ j ..... ; .. ~,· Robert D. O'Leary Jr., Preside nt & CEO Philadelphia Indemnity Insurance Company On this 10"' day of June 2013, before me cam<.: the indi vi dual who executed the preced ing instrument, to me personall y known, and being by me duly sworn said that he i~ the. therein described and authorized onker of the PH I LADEL PIIIA INDE:'II N ITY INSURANCE OM PAi\Y; that the sea l affix..:d to said instru ment is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed . Notary Public : re si ding at: Bala Cynwvd . PA (Notary Seal) My commission expires: December IR . 2016 l , Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Soard vf Dip:ctor and th is Power of Attorney tssucd pursunm thereto on this I 0.111 day of Jtmc 2013 true and correct and are still in full Ioree and effect. i d'l iurther certif~,-that Robert D O 'Leary Jr., who <lXeCu tcd the Power or Attomey as President, wa s on th~ dutc of execution of the attached Power of Attorney the dul y elected l're:>id ent of PlilLADELI>H iA fND M IT Y IN URAN 'E 11' 1 V , In Testimony Whereofl have subscribed my name and affixed the facsimile sea l of each Company this 2,. '( 'r\. day of ~{!· ( i I ,,.~ 7 · .. ··~.~. '• Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY _,?.tiL~~ STATE OF _N_e_v_a_da _____________ _ ] COUNTY OF _C_Ia_r_k ------------- On April29, 2016 before me, Susan DeMauro (here insert name and title of the officer) personally appeared _M_ic_a_h_B_Ie_e_ch_e_r ___________________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature .k-~ • (SEAL) This area for Ojjicial Notarial Seal ----------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 LIMITED 0 GENERAL 0 GUARDIAN/CONSERVATOR 0 OTHER: ------------------ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE AL~PURPOSEACKNOWLEDGEMENT 0 Hugh Nguyen Clerk -Recorder Orange County RECEIVED Clerk-Recorder's Offict;'T ~~P ?? _prl ,., 10 12 Civic Center Plaza, Room 106, P.O. Box 238~1 ~ailta A'n'a, CA 9i-70li web: www.oc.ca.gov/recorder/ J!!',CJTY CLEHK PHONE (714) 834-2500 FAX (714)~~'k1tfJN c.~\PISTRAI~O CITY OF SAN WAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 Office of the Orange County Clerk-Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 08/07/2015 It .remained posted for 30 (thiryy~ days. Hugh Nguyen Clerk ..: Recorder In and for the County of Orange By: bennett Hazel Public Resource Code 21092.3 Deputy The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county*** in which the project will be located and shall remain posted for a period of30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of20 days, unless otherwise required bylaw to be posted for 30 days. The County Clerk shall post notices within 24 hors of receipt. Public Resource Code 21152 t-------AtH--rtntiees-filed-pursuanH-o-this-section-shatl-be-avaiiable-forpubticinspectiou, and shal+'l bme>:---------- posted *** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. @ ' , ***Thereafter, the clerk shall return the notice to the local lead agency*** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by*** ATTACHMENT 4 0 <:') () r-a \ lr Q \ <::, ~ 0 POSTED AUG 0 7 2015 HUGH NGUYEN!LERK·RECORDER BY: l J\LJ DEPUT oU v Recorded in Official Records, Orange County H~~~~~ ~tmi m~mi iii~iiliifl ttltlitlllttttttllt5tJ]O * $ R 0 0 0 7 7 4 4 3 9 0 $ * 201585000698 9:33am 08/07/15 329 SC4 Z01 0.00 &0.00 0.00 0.00 0.00 0.00 0.00 0.00 (above for use by County Clerk-Reco rder's Office only) NOTICE OF EXEMPTION From: Development Services Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 1. APPLICANT: Jim Adam 2. ADDRESS: 29921 Camino Capistrano, San Juan Capistrano, CA 92675. 3. LEAD AGENCY: City of San Juan Capistrano, 32400 Paseo Adelanto, SJC, CA, 92675 4. PROJECT MGR.: David Contreras, Senior Planner . 5. PHONE NUMBER: (949) 443-6320 6. PROJECT TITLE: Tentative Tract Map (TIM) 17842, Hidden Creek Estates 7. PROJECT LOCATION: The project is located at 29921 Camino Capistrano, San Juan Capistrano, CA 92675; Orange County 8. DESCRIPTION: The applicant requests approval of Tentative Tract Map (TIM) 17842, to create eight (8) lots for the development of single-family detached homes on an existing 2.5 acre parcel for the development of custom residential units. ADMINISTRATIVE DETERMINATION: Development Services Department staff has completed a preliminary review of this project in accordance with the City of San Juan Capistrano's Environmental Review Guidelines and with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines . Based on that review, the Environmental Administrator finds that the proposed project constitutes for a Categorical Exemption per Section 15332, In-Fill Development Projects. Therefore, the Environmental Administrator has determined that further environmental evaluation is not required because: [] The project is not subject to CEQA because it "does not involve the exercise of discretionary power," or "will not result in a direct or reasonably foreseeable indirect physical change in the environment," or, "is not a project as defined in Section 15378 of the CEQA guidelines." (Sections 15060(c)(1), (2) & (3)); or, [] "The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA" (Section 15061 b 3 ·or [] The project is statutorily exempt, Section , <name> (Sections 15260-15277); or, [X] The project is categorically exempt per Section 15332, Class 32, In-Fill Development Projects (Sections 15301-15329). FILED Sergio Klotz, AICP, Environmental Administrator AUG 0 7 2015 HUGH NGUYEN, CL ERK-REC ORDER BY: ~ DEPun· 0 0 () State of California-Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT REC8PT# 30-2015 0703 STATE CLEAR IN G HO USE# (lf iiPif!C8biiJ! SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF SAN JUAN CAPISTRANO COUN TYISTATEAGE NCY OF FI LIN G Orange PROJECT TTTlE TENTATIVE MAP (TTM) 17842, HIDDEN CREEK ESTATES PROJECT APPLICANT NAME JIM ADAM PROJ ECT APPU CANTADD RESS 29921 CAMINO CAPISTRANO CrTY STAlE SAN JUAN CAPISTRANO CA PROJECT APPLICANT (Check appropriate b ox): C Local Public Agency Cl School District Cl Other Special District CHECK APPLICABLE FEES: Cl Environmental Impact Report (EIR) [J Mitigated/Negative Declaration (MND)(ND) Cl Application Fee Water Diversion (State Water Resources Control Board only) [J Projects Subject to Certified Regulatory Programs (CRP) I!] County Administrative Fee l3 Project that is exempt from fees I!!J Notice of Exemption (attach) D CDFW No Effect Determ ination (attach) [J ~r --------------------------------- PAYMENT METHOD: C)cash [Jcredit [Jcheck [Jother ________ __ C] state Agency $3,069.75 $ $2,210.00 $ $850.00 $ $1 ,043.75 $ $50.00 $ $ TOTAL RECEIVED $ SIG NATURE PR INTED NAME AND TITLE DATE 08/07/2015 DOCUMENT NUMBER 201585000698 PHO NE NUMBE R ( 949 ) 443-6320 ZIP CO DE 92675 I!J Private Entity 0.00 0 .00 0.00 0 .00 50.00 50.00 X HAZELL. BENNETT, DEPUTY-CLERK, ORIGINAL· PROJECT APPLICANT COPY-CDFW/ASB COPY· LEAD AGENCY COPY -COUNTY CLERK DFG 753.5a (Rev. 11114)