PC Resolution-09-05-12-01 RESOLUTION NO. 09-5-12-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING CITY COUNCIL CONDITIONAL APPROVAL OF
MODIFICATION#1 TO VESTING TENTATIVE TRACT MAP 16634,A RECORDED
SUBDIVISION MAP FOR THE DEVELOPMENT OF 155 SINGLE-FAMILY
DETACHED (SFD) HOMES WITHIN A 404-ACRE PLANNED COMMUNITY
(WHISPERING HILLS ESTATES-RANCHO SAN JUAN)
WHEREAS, Woodbridge Development has requested approval of a modification to
the subject Vesting Tentative Tract Map (TTM) including relocation of the "private park" and
revisions to the timing of certain conditions of approval related to the construction of park
improvements and the construction of water infrastructure improvements; and,
WHEREAS, the City Council previously conditionally approved Vesting Tentative
Tract Map (VTTM) 16634 on July 20, 2004, a subdivision for 155 single family residential lots and
open space lots, on propertyzoned "PC' (Planned Community) and located to the west of La Pata
Avenue and about 7,600 feet south of Ortega Highway;and,
WHEREAS, on May 21, 2002,the City Council certified a Final Environmental Impact
Report(FEIR)and Findings in accordance with the California Environmental Quality Act(CEQA)to
address the potentially significant environmental impacts of the Whispering Hills Estates project; and
on July 20, 2004, certified an Addendum to the 2002 Final Environmental Impact Report(EIR);and
all potentially significant impacts have been fully disclosed and adequately addressed by the prior
Final Environmental Impact Report (EIR) and Addendum and,
WHEREAS, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act(CEQA) and determined that the project
qualifies for a Notice of Exemption (NOE),which will be posted pursuant to Section 15061(d)of the
CEQA Guidelines which provides that"the notice shall not be filed with OPR orthe county clerk until
the project has been approved," and,
WHEREAS, on April 14, AND May 12, 2009,the Planning Commission held a duly-
noticed public hearing to consider the proposed project, and take public testimony on the proposed
project.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission of the
City of San Juan Capistrano hereby makes the following findings with respect to the proposed
Modification to Vesting Tentative Tract Map 16634:
1. The proposed modifications to the tentative tract map,togetherwith the provisions for design
and improvements and the conditions of approval attached hereto as Exhibit A, are
consistent with the goals, policies, and objectives of the General Plan Land Use Element
and the Whispering Hills Estates Comprehensive Development Plan (CDP), because the
modification does not include changes to the number of approved lots, area of residential
development, nor area of open space and the proposed relocation of the private park is
consistent with the General Plan Land Use Policy Mapland use designation.
2. The proposed modifications to the tentative tract map are consistent with all other aspects of
the General Plan and the Whispering Hills Estates Comprehensive Development Plan
PC Resolution 09-5-12-x Whispering Hills Estates-Rancho San Juan
(CDP) with respect to drainage and sanitary facilities and utilities, including all alignments
and grades thereof; location and size of all required easements and right-of-way; lot size and
configuration; traffic access; grading; and such other specific requirements in the plan and
configuration of the subdivision as may be necessary or convenient to ensure conformity to,
or implementation of, the General Plan and the CDP.
3. The site has previously been determined to be physically suitable for the proposed type of
development in that it complies with improvement and land use requirements of the General
Plan and CDP Specific Plan.
4. The site has previously been determined to be physically suitable forthe proposed density of
development in that the residential density of 0.49 dwelling units per acre is within the
maximum density of 1.0 dwelling unit/acre specified on the Land Use Policy Map and by the
CDP.
5. The proposed modifications to the tentative tract map are not likely to cause significant
environmental damage or substantially and avoidably injure fish or wildlife or other habitat in
that the site is not designated as a wildlife habitat area, and does not contain significant
wildlife resources and furthermore, all potential impacts have been addressed in the
previously-certified Environmental Impact Report and Addendum for the project.
6. The proposed modifications to the tentative tract map and the type of improvements will not
conflict with easements, acquired by the public at large, for access through or use of
property within the proposed subdivisions in that there are no existing easements acquired
by the public at large for access through or use of propertywithin the proposed subdivision.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of San
Juan Capistrano hereby recommends City Council approval of the modifications to Vesting Tentative
Tract Map 16634 subject to the conditions attached hereto and incorporated herein as Exhibit A
PASSED, APPROVED AND ADOPTED this 12`h day of May, 2009
AYES: Chair Sheldon Cohen, Vice-chair Gene Ratcliffe, Commissioners
Ginny Kerr, James Mocalis, Rob Williams and Bruce Tatarian.
NOES: none.
ABSTAIN: none.
Sheldon Cohen, Chairman
Grant Taylor, Assistant Planning Director
2
PC RESOLUTION # 09-5-12-1
RECOMMENDED CONDITIONS OF APPROVAL
PROJECT LOG #: Tentative Tract Map (TTM) 16634, Modification #1
PROJECT NAME: Whispering Hills Estates
These conditions of approval apply to the above-referenced project application described in more
detail below. For the purpose of these conditions, the term"applicant sh#I ,also mean the developer,
the owner or any successor(s) in interest to the terms of this approrfalr
GENERAL CONDITIONS:
A. Legal Defense. The applicant/subdividef, �-" agents, and 25signees shall defend,
indemnify and hold harmless the City b $an Juan Capistran, its elected and
appointed officials and employees aft tcontract consultants fYorsrany claim, action
or proceeding to attack, set aside K+ f, or annul any land use apptoual associated
with this project, including but not lirrtit #toe nvuirements
under CEQA, rezoning approvals, subrufSions approvals, or other applicable City
Municipal Code Title 9 12nd use apprnotice provided by City to the
applicant/subdivider, its bgetts�or assignee service of process of such claims or
actions, the project propbfls, shall immediately act to
provide an appropriate def ise f25 sU h claims oV fictions. The applicant/subdivider
shall consult with the City AtCEitfiey regfdfng approprla#e defense counsel in the event
of the filing ofsuch claims or 3Ct
B. Mitigatiofi'Monitorinq grogram 7Yf1 project shall comply with the Mitigation Monitoring
Proted in junction M# the Environmental Impact Report prepared for
the
C CDP ZonirYdofifaons l YilStdjt 11 comply with the Zoning Conditions specified
� ,tter4 b fhb current adopte21 omprehensive Development Plan for the project.
(CD&R,
i
_ D . Annexation Prior to atuoval of the first final tract map for the east canyon residential
area, the prdperty own"`d by the applicant/subdivider between the present City
boundary an ultimate right-of-way of La Pata Avenue along the eastern boundary
f the high sch' I site and the east canyon residential area shall be annexed to the
%`after a a yl` val of the necessary General Plan Amendment and prezoning, unless
anAM&scule for annexation is approved by the City Manager. (CD)
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO CITY COUNCIL
APPROVAL OF THE FIRST FINAL MAP OR EACH FINAL MAP,AS INDICATED BELOW,
OR IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT:
ENGINEERING CONDITIONS:
1.1 Access Rights from La Pata Avenue. Priorto approval of thefirstfinal tract map in the
east canyon residential area or issuance of grading and right-of-way improvement
permits, the applicant/subdivider shall demonstrate to the City Engineer that
permanent access from La Pata Avenue, as shown on Tentative Tract 16634, has
PC Resolution #09-5-12-1
Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Pape 2 of 27
been granted to the applicant/subdivider by the County of Orange and by the holders
of easements on the property between La Pata Avenue and Tentative Tract 16634.
(PW.)
_ 1.2 Maintenance Road and Barrier P Camino Lacouaque. Prior to approval of the first
final map, the applicant/subdivider shall submit plans for a 16-foot wide paved
maintenance road extending from the present terminus of Camino Lacouague to the
high school site and a gated fence or other barrier to control vehicular access to the
maintenance road. The plans shall be approved by the C_1*Engineer. Said road and
barrier shall be constructed by the applicant/subdividel"prior to issuance of the first
residential building permit, other than model )�tsrhes., Any deviation from these
requirements shall be subject to prior City Eng retie W,and approval. (CD, PW.)
1.3 Access to City Open Space Property. Ppdf toyapproval of the first final map, the
applicant/subdivider shall submit to tie, Engineer for and shall obtain
approval of, improvement plans fo ' 0-foot wide all-weather ,oad to provide
vehicular access between La PataAl"Unue andthe�ity-owned opace property
north of the high school site. The plan, shall be, ved by the City f Afgineer. Said
road shall be dedicated to the City onl"Ri finaltYi and shall be constructed by the
applicant/subdivider at no cost to the Cn, f to issuance of the first residential
building permit, otherthAl . bdel homes Ail,' viation from these requirements shall
be subject to prior City EA, iin feyiew and a#}$knva1. (PW.)
_ 1.4 In-lieu Park Fees and Pn to Park� htsr xo app11 n5val of each final map, the
applicant/suadt�itder shall pay� parktr tit�u fin-acdordance with the provisions of
Section 9-4;, 19Tkland andISSi 9 5 107� arkland in-lieu fee of the Municipal
Code for glotsintff tfinalmat}"Jri`additi the applicantisubdivider shall provide for
r „r.
the futC}PAdevelopmenf a"private neighborhood park" located in the"east canyon"
residehtial area as �Sproved by tie, City Council and subject to the following
conditi
TFhe prec1_ 14cation of the pn3ate park shall be determined by the City Council-
app t3ved mbdMcation to the Tentative Tract Map(TTM). The private park shall be
k 3 mamt'ated wit �n`tettered Lot "H" on the final map.
i
b. The apple it/subdiyi"der shall provide, as part of homeowners association(HOA)
capitaI re9d}ve fund, a line item providing for the accrual of a portion of
„ ,,,homeowrleY Sssessments for the future funding of capital improvements to
onstruct` t5d maintain the "private park.” The minimum monthly capital reserve
yf
�i1`(tiurf{�ESvoted solely to funding the future private park improvements shall not
be l� �han $30.00 (2009 dollars) per dwelling unit. Private park improvements
shape completed within one-year of the capital reserve fund for the "private
neighborhood park" improvements accruing $275,000 (2009 dollars). These
improvements shall be in accordance with final plans which shall be prepared by
the Homeowners Association (HOA) Board and approved by the Community
Development Director and may consist of passive and active improvements
including, but not limited to grading, turf, trees, shrubs, groundcover, irrigation,
picnic benches and tables, play equipment for young children, and walkways and
other hardscape.
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 3 of 27
c. Prior to approval of the applicable final tract map for the east canyon residential
area, a minimum six-foot wide pedestrian path shall be shown on the final map
connecting the"E"Street cul-de-sac to"B"Street. The pathway shall be shown on
the precise grading plan and constructed by the applicant/subdivider to the
satisfaction of the Community Development Director prior to the release of
performance securities for the east canyon area.
_ 1.5 Street and Development Names. Prior to approval of each final map, the applicant
shall submit to the City's Community Development Direcfobr review, and shall obtain
approval of, the name of the development or deveit�pttl`ents and the names of all
proposed streets within the tentative tract's boundafies The Director shall confirm that
said development names and street names do Ca ttdup11 existing development and
street names in the City. All approved street fir' ries sh 18e indicated on the Final
Map. (CD) -.
�r
_ 1.6 Compliance with Map Act and Munici 'I bode. Priorto approval cseh final map,the
tract/parcel map shall be prepared-,,",,submitted in.full compliance"Witda the State of
California Subdivision Map Act and'N ity of Sari i an Capistrano Mbit icipal Code,
NI
except as authorized by the City Count,bPd 6T 'fenning Commission. (PW.)
_ 1.7 Payment of Fees and of Sureties.." to approval of each final map the
applicant/subdivider shad►r#juf (ddl„r applicaki7e `2c gineering fee requirements in
accordance with the City Mt1r Jcip l GSCt, as last rettited, the City Water Schedules of
Rates and Charges, as 16” revisedrd(5tt postC rities to insure satisfaction
performance o p[oposed imprl7t{errte[i 'irtolitdjiig but not limited to, on-site and off-
site gradi��,,nai i`a fngation, f7"sion and sediment control, sewer,
water, stf -and all ' urtenaments. (PW.)
1.8 Stornipoll Hydras,IU6/hvdrology .�lculations. Prior to approval of each final map,
the applrt�#(subdkd2Y �lsubmitiEhe City Engineer for review, and shall obtain
pproval o#, v$ttim Runt` CitlMagement Plan prepared by a Registered Civil
�ttgin�er. The4{frtagement Plan §full show existing and proposed facilities, provide
for ad I I nce bf toric drainage from adjacent upstream properties, show hydraulic
and hydi6fogy stu ids and calculations and the methods of draining on-site and
tributary ares, itho ,,,ceeding the capacity of any impacted street or facility and
out affectq, XistI downstream drainage system. Said study shall be consistent
with the it aster Drainage Plan and in accordance with all applicable City
regulations Ad Orange County Public Facilities & Resources Department
(d &RD)de,§Jg criteria, and standards. (PW.)
�..
1.9 Soilsk"y. Prior to approval of each final map or grading plan, whichever comes
first,the`applicant/subdivider shall submit to the City Engineer and Building Official for
their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility
Study prepared by a Registered Geologist and Soils Engineer to determine the
seismic safety and soils stability of all proposed development improvements for the
project and any affected adjacent properties and to provide preliminary pavement
sections and substructure bedding/backfill recommendations. (PW.)
1.10 Wastewater Study. Prior to approval of the first final map, the applicant/subdivider
shall submit to the City Engineer for review and shall obtain approval of,a Wastewater
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
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Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the
proposed development project and mitigates its anticipated impact on the existing
Wastewater facilities system. Said study shall be consistent with the City's Master Plan
of Wastewater Facilities and the Special Provisions for the Construction of Sanitary
Sewers. Any deviation from these requirements shall be subject to City Engineer
review and approval. (PW.)
_ 1.11 Grading Plans. Prior to approval of the first final map, theapplicant/subdivider shall
submit to the Community Development Director for Cityt`ew and approval, a mass
grading plan for the entire project site or separate rr355"grng plans for the east
canyon and west canyon areas of the site. SuGft $31an(s) shall be in substantial
conformance with the grading concept shown oda#jie apoved tentative map.
Following City approval of the mass grading�5tan(s), and pnr5>fo,approval of each final
map,the applicant/subdivider shall subrftt#crthe City Engineerapd$uilding Official for
their review, and shall obtain approva(b,�,`final grading plans prepay l by a Registered
Civil Engineer consistent with the�aAo ved mass grading plan. 7YteSe plans shall
show, at minimum, the limits of gr6difft the drAhfte, retention/det r`tion basins,
sewer,water, trails, parkways, streets 6h, Il, 7 4enant improvements. The extent
of the topography shall be extended sAfaT�fy beyond the tract's boundaries to
determine the geological",, drainage impab to adjacent properties. The elevations
shall correspond with th4, r unty berl triiark datum, All drainage must be
conveyed to the street or raina facility.
All grading plapS shall be subf t ird-party geotechnical consultant
retained to eni1 sf�Brtity to the satisfaction of the City
EnginesAn
Yv,{ D
1.12 Drairier BetLYen Slopes attkStreets. Prior to approval of each final map,the
grading #dstreekEfYf fb tent,Ian , all show that all street sections located within
,_,-20feet or 7 sf b the toe"tS_�albf7e'of 10 feet or more in height are protected from
�.' tr# eround Vater seepage by provision of a positive drainage barrier system, at the
app i ai' rs cost, in accordance with City Standard Drawing No. 350. Any
r exceptior� all bebect to review and approval by the City Engineer. (PW.)
1'1 Erosion & Ser pent CYSntrol Plans, Using Best Management Practices. Prior to
:approval of e final map or issuance of grading and right-of-way improvement
a��,rmits, whicll' er comes first, the applicant/subdivider shall submit to the City
Er1g� eer ar}d `wilding Official for their review, and shall obtain approval of,
Erosi6rkl��dltYi`ent Control Plans and programs, prepared by a Registered Civil
Enginee�? `rthe regulation and control of pollutant run-off by using Best Management
Practice'(BMPs). These plans shall show all temporary and permanent erosion
control devices, effective planting of graded slopes, practical accessibility for
maintenance purposes and proper precautions and fences to prevent publictrespass
onto certain areas where impounded water may create a hazardous condition. In order
to control pollutant run-off, the applicant/subdivider shall demonstrate to the
satisfaction of the City Engineer that all water quality best management practices
incorporated into Whispering Hills Estates, shall be designed in accordance with the
National Pollutant Discharge Elimination System (NPDES) standards, and the
requirements of Sections F.1.b(2)(b) and F.1.b(2)(c) of California Regional Water
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 5 of 27
Quality Control Board (San Diego Region) Order No. R9-2002-0001 and City
guidelines and regulations, and shall show evidence satisfactory to the City Engineer
that a permit has been obtained. (PW.)
1.14 Runoff Control and Water Quality Management Program.
a. Prior to issuance of a mass or rough grading permit, the applicant/subdivider shall
prepare and submit to the City Engineer for review, and shall obtain approval of,
erosion and sediment control plans prepareivil Engineer. All
erosion and sediment control measures as specafied`I said approved plans shall
be implemented during the mass and rough gtSdi operation to the satisfaction
of the City Engineer. /
b. Prior to issuance of precise grading peffirt,the applicariaGbdivider shall submit to
the City Engineer for review, and s1�ik' tai n approval of gYSt ing plans, erosion
and sediment control plans a WkeT Quality Management Flan (WQMP), and
drainage plans prepared by a ered Civineer
1.15 Drainage Improvement Plans. Prid to a 3 ival of each final map, the
applicant/subdivider sha[l,,,submit to the tt3+ hgmeer for review and shall obtain
approval of Drainage 1F1lans Specific to the project, which reflect
consistency with the City st)a'arh ge Master PIIhese plans shall show locations of
all existing and proposed f� tl1t1e5
Detention/retontion,basins sfi 11 be deS38ne b dcommodate the 100-year storm flow
with engine 10,0 s dayndary oVetNtlyVl i9evices. + econdary overflow shall be also
providedIbfikorm dr�ih system sGWigred with sump conditions to preclude flooding
of prtV# propertiesproposetl,reet catch basins shall be lined with curb inlet
filters KStl�,equal deuid6S which me0fgre National Pollutant Discharge Elimination
System`(�F�flES)fJ,,' x ntsand fh City Engineer. Storm drainjunction structures
,gat ad catch B Sin "all be ISfdiratlLdz<uvAh access manholes as deemed necessary by
C tsy Engint All drainage must be conveyed to the street or a City approved
� drainS��rfacility '
s
If an existirig,�gwnstt�at ,drainage facility, whether it is a storm drain pipe, an open
drainage chSfdYle1, or ar'inlet basin, is inadequate or does not meet current City
„standards or 'tiithe opinion of the City Engineer, is unsafe to properly carry the
sting dische and the proposed discharge generated by this project, the
40-icant/subdiVi er shall then, at applicant/subdivider cost, design and implement
alteftu r (hods of improvement for properly conveying such discharge, free of
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debris lh'zIa manner acceptable to the City Engineer. Any deviation from these
requirerri`ents shall be subject to City Engineer review and approval. Every proposed
drainage system shall be placed within its proper easement and appropriately
dedicated.
The base of all slopes over ten feet in height located within 20 feet of a street section
or which are adjacent to residential lots shall be provided with toe drains or other
drainage devices approved by the City Engineer, in order to prevent water, mud or
debris from damaging or flowing onto such streets or lots. (PW.)
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_ 1.16 Public Facility Easements to be in Lettered Lots Maintained by HOA. Prior to approval
of each final map,the applicant/subdivider shall demonstrate to the satisfaction of the
City Engineer that public facilities, such as drainage, sewer and water, are designed to
be located within the right-of-way.Any deviation shall require prior authorization from
the City Engineer. If facilities are proposed in easements, said easements shall be
placed in lettered lots and their surfaces shall be maintained by the Homeowner's
Association. Any exception shall be subject to review and approval by the City
Engineer. (PW.)
1.17 Connection to Public Drains must be Documented ami Fnfl d. Prior to approval of each
final map, the applicant/subdivider shall demonste` to the satisfaction of the City
Engineer that any proposed connections to existing publie_drainage system,from on-
site drains, must be approved by the City Enghbbr.
1.18 Dry Utilities(Electric Telephone Cable'? Gas). Prior to aiDiD of each final map,
the applicant/subdivider shall submitJ '6 City Engineer for review,and shall obtain
approval of, Electrical, Gas, Tele0tib5e and Cab1e.,Television in` "I tion plans to
ensure compatibility with existing and: roposed,jm tr;Y ements.All utility acilities shall
be underground. Vaults,transformers,jtirletur3es, or any similar devices shall not
be permitted above grougd,Any deviationftfStiltYiese requirements shall be subject to
prior City Engineer reviOuPaeld approval (PW)
Y
1.19 Sewer and Water Plans Prrd to a pia al of each"Ithal,map, the applicant/subdivider
shall submit to the City Engineer for rdU1 vS and shalFbbtain approval of, sewer and
water plans prepared by a Registered ivilfigti0eer, these plans shall be specific to
the projectkd s1� ljteflect con 'stttey with the is Sewer and Water Master Plans,
City stag, Of'ds, stions aodes, and the City water standards and water
specieons. The suer plans mall include at minimum, a 16-foot wide paved
maint" n,ce road rom resent terminus of Camino Lacouague to the
high sc[1Nl l,site e g vWa plans str 11 indicate that all proposed sewer manholes
shall be t'I# edh pfffian�; or equal approved material, at the
aaihdent/sub4ttdgr's cost to the s'stisfaction of the City Engineer.Any deviation from
10these fell be subject to prior City Engineer review and approval. (PW.)
"20 Street Ins. Prior to approval of each final map, the
applicant/sub jder shii6fl submit to the City Engineer for review, and shall obtain
' pprovaI of stmt improvement plans prepared by a Registered Civil Engineer. These
ins shall shb(+t+ II existing and proposed improvements including, but not limited to,
frfic.calmtfig devices, striping, signage, signalization, storm drain, sewer, water and
all refated,' SjSUrtenances. The street improvement plans shall conform to the following
requiretf�its: (PW.)
a. Major Entry Street. Unless a legal recorded document is provided to the City by
the Capistrano Unified School District which permits the general public to utilize
"A"Street(extended),from "D"Street,westerly, up to and including the proposed
traffic circle/turnaround, said "A"Street,which begins at La Pata Avenue, shall be
designed to terminate with a cul-de-sac. The cul-de-sac shall have a minimum
radius of 38 feet if parking is prohibited and a minimum radius of 46 feet if there is
a potential to allow parking any time in the future. "A" Street, between La Pata
Avenue and "D" Street, shall have a minimum curb-to-curb width of 64 feet and a
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Pape 7 of 27
landscaped center median. All landscaped areas, including the center median
and parkways, shall be maintained by the master homeowners association or the
homeowners association for the East Canyon residential area, and provisions for
such maintenance shall be provided in the Covenants Conditions & Restrictions
(CC&Rs). Any deviation or exception to this condition shall require the City
Engineer's review and approval.
b. West Canyon Streets. Streets in the "west canyon" residential area shall have a
sidewalk on the side of the street with homes and al, der equestrian trail on the
other. Width and design details shall be approved Yiy�the City Engineer, and any
deviation from this requirement shall be subjeGttb prior City Engineer review and
approval. % %>
c. Local Streets.All local streets within th�ptotecY shall have2 ninimum curb-to-curb
width of 36 feet.
<,
d. Catch Basins and Gutters For str&t sections with grades lessa an or equal to
five percent, the maximum dist4r9 betweh basins shall rSdi exceed one
1000 feet. For streets sections with`IArtdesger than five percent,the maximum
distance between catch basins shall nofXeed 750 feet. Catch basins shall be
designed so that there I5.no driveway wi In 20 feet upstream of the catch basin
and such that the bAh"'N16
gnption as aro gated. Cross gutters shall not be
allowed at street mtersttt#ions r# storm drrt bfi within 300 feet. Any deviation
shall require the City Engineer's r )7iew=end apprbual.
e Desigraoggl��fb�Streets �jmprovert( fpI ns shall be designed per City
sta Oi- Artenai treets s�j l(,be designed for a minimum design speed of 35
mp&I er hour (mpll) and sight t# tances of 45 mph at all intersections. All other
st'eWts shall ha1+c 'design spe@ 3s and sight distances of 25 and 35 mph,
res the the satisfaction of the City Engineer.
=x; r
'IdewalkSo Stt'ewaIlk shall be�f ovided on both sides of all local residential streets
, w(iei`�house4are constructed on both sides,with a landscaped parkway between
the sidewalk a dl- e street curb. Where houses are not constructed along one
side of a street fro, e, a grassy swale, in compliance with NPDES requirements,
shall tructed'' or filtration purposes in lieu of the sidewalk.Any deviation to
such stanas shall require a special authorization from the City Engineer.
z
g rirJo Obstfih tions in Sidewalks. There shall be no obstruction in any sidewalk or
psrit !5 rich reduces the width to less than four feet, in compliance with the
Artie#n with Disabilities Act (ADA) requirements.
h. Potential Gated Entries. Streets that may serve as potential gated entries shall be
designed wide enough and in accordance with Municipal Codes 8-13.101 et seq.
to accommodate such improvements in conformance with City standards. The
minimum number of lanes at the call box, entering into the project, is two with a
minimum width of 14 feet each. The minimum number of lanes at the call box,
exiting the project, may be one with a minimum width of 16 feet. The design of the
radius/turn-around shall be wide enough to handle large turning radius delivery
vehicles. The minimum distance, from the projection of the cross-street curb face
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 8 of 27
to the call box shall be a minimum 100 feet. Any deviation to these requirements
shall require a special authorization from the City Engineer.
i. Street Lights. Street lights shall be provided,with Mission Bell fixtures on marbelite
poles.Any exception or deviation from the above requirements shall be subject to
review and approval by the City Engineer.
1.21 Traffic Improvement Plans. Prior to approval of ,the first final map, the
applicant/subdivider shall submit to the City EngineerY'`review, and shall obtain
approval of, traffic improvement plans for all streexs`Wfthin the subdivision and "A"
Street prepared by a Registered Traffic Engineer �)t�sE,plans shall show the striping,
signage, signalization and all related appurten }ots Ampanying Traffic Control
Plans shall be required prior to commenceme' any si Amprovement work.Any
exception or deviation to the above regtttit nts shall Ise subject to review and
approval by the City Engineer. (PW.) k
1.22 Tentative Map Compliance and Cld*dtb Calculation s. Prior to apprdva of each final
map, the applicant/subdivider shall ,it to the�Csi Engineer for re vv, and shall
obtain approval of, a final map in substatltial cotr)pilance with the approved tentative
map. Said map shall besaccompanied wit, tFaverse closure calculations, a plotted
American Land Title Ass`Y,§,di LTA) surf Jand an updated Title Search Report.
Any exception or deviatidh,§RAbove requireltier is all be subject to review and
approval by the City Engineer ( � `
_ 1.23 Homeowners.Association Maintained fttipro� i ents. Prior to approval of each final
map the OSS$ fidarill,,sUbdivider sfi6l(14..t.icate ori fi final map that all improvements,
ncludm fit not lirrit d to, strdd' `drainage, street lights, street signage, striping
imprA�oi"A"ents, the watt- quality b-dst management practices identified in the Water
Qualitanagement#ian (WQMP)� rks, graded slopes, landscaping,and irrigation
facilitieOW.ft j#{ lYlteabf of thei�bdivision designated as private, shall be
cr)amtained" y ttie master i� d`r,iph and/or sub-association or shall make other
A �Ojit�vi5rops foI, tenance to be approved by the City. Graded perimeter slopes,fuel
moclffl d on areas and natural open space are shown aggregated as a single lot on
i
'. the tent map. f5 cilitate maintenance and disposition of these categories of
open area tided petfteter slopes and fuel modification areas shall be placed in
separate Iettetl Is frau natural open space areas on the final map(s). In addition,
an open spa easement covering the entire natural open space area shall be
edicated to 'eCity on the final map(s), at no cost to the City, for preservation of
dpten space tNt no obligation to the City for maintenance or liability. (PW.)
1.24 Dediaintenance Responsibility. Prior to approval of each final map, the
applicariYlsubdivider shall indicate on the final map, to the satisfaction of the City
Engineer, all appropriate dedication and access rights, stating their purposes and their
maintenance responsibilities. (PW.)
_ 1.25 Trail and Bikeway Dedications. Prior to approval of each final map, the
applicant/subdivider shall design to City trail standards, improve, and dedicate, at no
cost to the City,the trails listed below and shall show the easement dedications on the
final map.Any deviation from the trail requirements shall be subject to prior review and
approval by the City Engineer. (PW.)
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
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Trails shall be improved and easements dedicated to the City for all public hiking,
equestrian and bicycle trails located within parcels belonging to the HOA or within
parcels which are privately owned. Trails within existing or proposed City-owned
parcels and/or open space do not require separate trail easements. Said dedicated
trails shall include:
a. A minimum 20-foot wide trail and easement for any-General Plan Trail located
outside existing or proposed City-owned parcels
b. A minimum 10-foot wide trail and easement frdtt tie northwest tract boundary to
the existing trail at the present terminus of frfiidal Mancha (Tract 11826).
c. A minimum 10-foot wide trail and easerrt"rlt linking the et)rfq trail at the terminus
of Avenida La Mancha, to the ridgeHYkerail extending from /tact 13823 (Juliana
Farms). Said easement shall orve required for those ttaaf �ortions located
outside parcels proposed to ned.
d. A minimum 10-foot wide If eder trail"stArit9ptfSviding access from all residential
lots in the West Canyon area to the C try frail syste21 11
m.
r
e. A minimum 16-foot wrdfewairaceasemenf the former(Love) stable on City
open space land southsterrtYkbUndary of the tract to AAc Street
near La Pata Avenue, anfirom the7 `( �westwdrdo the major ridgeline trail, and
(2) southvtard to,the Prima Des�' a titl`t5aid `trail shall be routed along the
easterrtadYy�of the hi�hi= tol, crossirithe secondary access road to the
High' ool and °`#,a" Street%ftheir intersections with La Pata Avenue. An
e46 urian-height iidestrian at tion shall be provided at the intersection of "A"
S16"and La Pi ,Ro allow safe grossing of"A" Street. The westward branch of
this'4ih shallT gb est alond�,Ahe south side of "A" Street, cross "D" Street
r MINN''either e#i 3��(�fsection ` or "E" Streets, and then connect to the existing
_Mil=on thgtifteline west of the'east canyon residential area byway of a minimum
u.
11� tde trrl, tUjacent to the SDG&E access road. The southward branch of the
trail 51--texteri uthward from "A" Street to the south tract boundary. The City
` Engineef tray modffyhis condition if he determines that construction of the trails
as descrit5ed is infeasible or that other trail connections will serve the same
purpose
f rs the Okay engineer determines that the trail connections described in "e"
pt*oedfhg-cannot be accomplished for any reason, he shall require the following:a
mIhi', 9tY 10-foot wide feeder trail and easement extending along the north
bou6dary of the high school site from the emergency access road to the City's
stable site. The City Engineer may modify or eliminate this condition if he
determines that construction of the trail as described is infeasible or that other trail
connections will serve the same purpose.
The ridgeline equestrian trails shall be made available for public use on Sundays
when no grading equipment is active, starting the Sunday afterfinal approval(second
reading) of the Comprehensive Development Plan (CDP) ordinance by the City
Council. The ridgeline trails shall be made available for everyday public use
PC Resolution#09-5-12-1
Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 10 of 27
immediately after completion of mass grading of the east canyon, as approved by the
City Engineer.
The applicant/subdivider shall construct all street and trail improvements within the
preceding dedications in accordance with the applicable City Standards and Trail
Design Manual or to the satisfaction of the City Engineer, subject to the limitations
imposed by outside agencies for habitat preservation and/or by mitigation
requirements, as approved by the City Engineer. City standard trail fencing shall be
installed, except as otherwise required by state or fedefl:fiesource agencies. Also,
wire fencing in open space areas may be substitci'upon approval by the City
Engineer.
1.26 CC&Rs. Prior to approval of each final map th11 icanYlSCat divider shall submit for
review, and shall obtain the approval ofj community Det+ lopment Director, City
Engineer, Public Works Director, and„Q7,JV Attorney, a set of Covenants, Conditions
and Restrictions(CC&Rs). Said CC&RAshall be recorded with the ii�al map and shall
include, but not be limited to, the f61t, ing:
a. Creation of a Homeowner Associatftand/tSr:a'Sub-Associationfor the purpose of
providing for control oyer the unifornS ` oundary fencing, and the perpetual
maintenance respon5ib ity ofar as inclur ,,but not limited to, all common areas,
open space, project oft#1 lopes, fuel mb'I ation zones, private medians and
greenbelts, private parl�5trngdtiti} yrstems, ltftlscaped areas,walls, driveways,
parking areas, structured pri at sf etS,street tuts, drainage facilities, and all
other areaS40?,be owned ci maii h I f5y3he Homeowner Association and/or
Sub assp,,eia jtin Ni improv rYaetf S, includirs7 but not limited to, streets, drainage,
streffl-I(ihts, str signag€r striping improvements, parks, graded slopes,
Iah'49baping, and itYfgationfactt l swithint heinterior ofthe subdivision designated
a b, ,nate sha(1 terrain pnvat a d shall be maintained by the Homeowner
Ass6diftion ei`iassoct on, or shall make other provision for
ma nter� t approcSytYi 'City Council. (PW.)
,
b A sicating that the Homeowner Association, or another entity
q apprif�by the shall be responsible for maintenance of the graded knoll and
adjacentstope eAStf the high school site, unless the Community Development
Direrminest maintenance will be assumed by the Capistrano Unified
School Digit or another entity. (CD & PW.)
Py ,
5.
c Tie estsi(91hment of setback and height requirements for additions and
G e�bt structures conforming to the development standards of the
CdrY1Yensive Development Plan for the project and the San Juan Capistrano
an CJse Code. (CD)
d. A statement indicating that open space (as provided in the lettered lots on the
tentative map)shall be retained as indicated on the final map by the Homeowners
Association, or other entity approved by the City, as designated open space with
no structures allowed in perpetuity and maintained by a Homeowner Association
and/or the Sub-association or other entity approved by the City, and that no
development or encroachment shall be permitted within the designated open
space, except as permitted for the Open Space district in the project's
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 11 of 27
Comprehensive Development Plan. (CD)
e. A statement indicating that proposed amendments to any of the CC&Rs shall be
submitted for review to the Community Development Director and that, if the
Director determines that the amendment affects any project conditions of approval
or other City regulations or requirements, the amendment will then require City
Council approval prior to the amendment becoming valid. (CD)
f. Fire prevention and defense provisions includi lane map, if required by
the Fire Chief; 2) provisions which prohibit parlufltti"fire lanes and a method of
enforcement; 3) provisions for maintenance ofi ftJel modification zones including
the removal of all dead and dying vegetation% iK1 t ftspection and correction of
any deficiencies in the irrigation system tf3'fee times a,year; 4) a method for
m
keeping fire protection access easeefitS'unobstructed`afd 5)a requirement for
approval of the Fire Chief for modifies such as installatiPif speed humps or
bumps, control gate changes or in changes. (Fire)
g. Criteria for maintenance ofand prtitibition o£�utf ing cons truction"b ornamental
landscaping within pri to draihage f C jty' easements, slopes and fuel
modification zones within the project bft1OA (PW)
i
h. A Surficial Soil Remedf6tl6 'togram consYstit with the Title 9, Chapter 10 of the
Municipal Code (PW)
i. Provisions f6t taintenany thsomebWejs association of the water quality
best mQUI46ft 7Y,practic IdetR#f#ied in tTe, Vater Quality Management Plan
(WQfsr l ), of all prfAte drain' r3facilities, including retention/detention basins,that
atd't)`iade a part offine Nationaf bIlutant Discharge Elimination System (NPDES)
paCTr it issued by,#6 City, and f6fospection of open channels and catch basins
annifly In a�t53ovision all be included which establishes a separate
fund for tkrt purpoo#4aftataining such facilities. (PW.)
j A prbAsion tft Ives the City the right to assume maintenance of any NPDES
i' faciliftLif tha`{ Sy determines that the homeowners association has not
maintaif9said fags in accordance with the permit requirements, and that, in
s," such evefif,`the hor downers association shall be financially responsible to pay
�. Cit for the fists the Cit incurs in such maintenance role. PW.
Y Y ( )
SIC` pro "I at requires City approval of any amendment to the CC&Rs that will,
11
Ytt�y,=ti5yiner, affect the maintenance, function, or integrity of NPDES facilities.
(P . .
I. A statement indicating that by October first of every year,annual fiscal year reports
will be furnished to the City in compliance with the reporting requirements of codes
and ordinances adopted by the City with respect to the NPDES program. (PW.)
m. A provision that requires the west canyon lot owners and/or homeowners
association to participate in the cost of moving the existing entry gate at San Juan
Creek Road and Avenida La Mancha further away from San Juan Creek Road, if
and when such a gate is constructed. (PW.)
PC Resolution #09-5-12-1
Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 12 of 27
n. A provision to create a capital reserve fund for accruing the necessary funding to
construct the"private neighborhood park"as provided under condition of approval
1.4. (PW)
o. A provision requiring that all landscape contractors properly train theirfield crews
so as to prevent improper pruning/trimming or ornamental maintenance of the
California native plants, and providing an enforceable4aenaltywhich the HOA may
impose on the landscape contractor for violation of th%Vrovision including but not
limited to replacement of plant material with comp,&-Aly sized new plant material.
(PW)
p. A provision that the homeowners associatit5+tHOA)u fSCatd be responsible forthe
cost of replacing any enhanced pavir),4. tamped-concq fe„removed by the City
for the purpose of maintaining, repla(d repairing, or othetwfse conducting work
on underground utilities includigg�� not limited to waterlih” ,sanitary sewer
lines, and storm drainage Iin4.,' l in the proposed private str�
q. A provision that each residential IofhWher8, required to submit a preliminary
landscape plan to the,bomeowners aldon's Architectural Review Board for
review and approv ►;fl} or to installing,, ny landscape improvements, and
landscaping within thdirisible to the street, shall meet
the following standards
• All land�aojng wit in rd hd: tdes'yards visible to the street shall
bedr`ht)to'd f't the plantin " i ra nah @plant species or California-friendly
,00es as def rmined byf t� City's Community Development Department.
• r 1�(l lot owners'l"Ball maintW a California native palette within the property's
���ant yard a�r d14 e yards vi' ble from the street.
• tfik,use ofih'h t39 ggwithin tb ront yard and sides yards visible to the street
/1"1411sha#(��illl 0 ibited ^ ika�r�ver, the limited use of high-quality, artificial
, i
{man" fured)turf is permissible and should not exceed 25%of the total front
rd and vfgrble side yard area.
Fail u any lot owner'b'..!&mpljW these landscape provisions shall be deemed a violation of the
Conditions 171b, vena6 estrictions (CC&Rs) and shall be punishable accordingly
��,�, under the vido ons & penalties section of the CC&Rs._ 1.27 Prior to the
r.)ssuance of thPr St building permit, the applicant/subdivider shall submit, for review
d, approval the Community Development Director, a buyer's notification
i�rSasure fbrrYk to be given to all potential buyers which indicates the existence,
0pdf fion,, - cteristics, and/or hazards of the following: (CD)
"
a The Prima Deshecha Landfill.
b. The United States Marine Corps Base at Camp Pendleton.
C. The San Onofre Nuclear Generating Station.
d. The Foothill Corridor alternative alignments.
e. The future extension of La Pata Avenue.
f. The planned non-domestic water reservoir within the project.
g, The future"private park"to be developed along Street"B"including an exhibit
of the entire tract showing the future proposed park location.
h. The requirement for the payment of the housing in-lieu fees prior to the
PC Resolution#09-5-12-1
Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 13 of 27
issuance of"Certificate of Occupancy."
i. The CC&R requirement that all homeowners are required to secure approval
of preliminary landscape plans by the homeowners association Architectural
Review Board. Such plans shall be limited to the use of a California native
plant palette. All homeowners must install and maintain California native
palette landscaping within the front yard and the side yards visible from the
street.
A place for the buyers'written acknowledgment of thes2fa6tors shall be provided on
the disclosure forms. Copies of forms signed by the iTyer shall be provided to the
Community Development Director or designee wittttra 30;days of the close of escrow.
1.28 Construction Cost Estimates. Prior toploval b each final map, the
applicant/subdivider shall submit to thefj, Engineer for fisVigw, and shall obtain
approval of, an estimate of quantities ant ' bflstruction costs pregistered
Civil Engineer of all proposed imprgti 'nts associated with thi8'Lteue'lo pment. Said
estimates shall include, but not be(1151ited to, the costs for construtnYion of all street
improvements, signing and striping YP #fic sign ,' reet lights, on srtt and off-site
storm drains,water and sewers, I ndsc a irr"g titin systems, recreational trails, and
the setting of survey monuments and cent tai e ties, Any exception to or deviation
from this condition shall ib' t to review Iii approval by the City Engineer. (PW.)
1.29 Bonding and Securities PfTCf to a5fdyl of eaccliftzlmap, the applicant/subdivider
shall execute a Subdivisionhlprovemtreemerit, lith the City and shall provide
performance b0t)ds/securitiesfcr 1rCeltt+yf ach estimated improvement cost,as
prepared b %e,st ed Civil t ngt r and apprCi`'ved by the City Engineer and City
Attorney�f 4mprovemdnts inclut ttt but not limited to, street improvements, signing,
signp#kdhon, striping d street lift storm drains, sewer, water, recreational trails,
lands pa g and q��tion in rights�f-way, private slopes, and open space. In
addition ielappliFrdtftlsia)S-Iwder shad"�ovide labor and materials bonds/securities for
�OOpercenf�fth bove"b"tififift Pi nprovement costs, as determined by the City
��Ctt _,,@r. An ftttional bond as c) termined by the City Engineer and Public Works
'-' DirecfbX kall 6' uired for street maintenance purposes to insure the conditions of
alI local ial"itreets within the subdivision are acceptable to the City Engineer
and to aa ' ted HfSSI)45
I �until the last house is completed. (PW)
1 3 � oils SubsidenYi Remediation Program. Priorto approval of the firstfinal map in each
the two carlys, the applicant/subdivider shall comply with the provisions of the
�Vii3YitcipaI CdXf "Soils Subsidence Remediation Program"to the satisfaction of the
Cit) rf. Said program shall include the formation of a Geological Hazard
Abatct, for any catastrophic soil displacement. The program shall also
include tFe incorporation into the Conditions, Covenants and Restrictions(CC&Rs)of
the Master Homeowners Association or sub-associations, the remediation to surficial
soil displacement, as required by separate condition herein. (PW.)
1.31 Submission of Digital Map. Prior to recordation of each final map, the
applicant/subdivider shall submit for review, and shall obtain approval from the Orange
County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of
January 28, 1991. The applicant/subdivider shall pay for all cost of said digital
submittal, including supplying digital copies to the City, of the final County Surveyor
PC Resolution#09-5-12-1
Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Pape 14 of 27
approved digital map in DXF format. In addition, the applicant/subdivider shall provide
the City with digitized copies of all improvement (as-built) plans. (PW.) '
_ 1.32 Fair-Share Circulation Improvement Participation. In accordance with a schedule in
the Subdivision Improvement Agreement, to be executed in conjunction with City
approval of the first final map, the applicant/subdivider shall pay for the project's pro-
rata share of the cost of the design and construction of the street and intersection
improvements to their ultimate respective widths and configurations in accordance
with the City of San Juan Capistrano's Master Plan of Stets and Highways, including
any applicable right-of-way acquisition, base on the;,�ffobrtion of traffic generated by
the project, as determined in a City-approved t£;&M ,study. Any exception to, or
deviation from this condition shall be approval by the City
Engineer: (PW.)
Intersection/Road Segment � � Required lm r3ements
Ortega Highway, Via Cord ova/Hull£ Construct an adddiondi °.astbound and
Club Drive to La Pata Avenue ' westbounc�afane and appu n' nces.
_ 1.33 Off-Site Circulation Improvement ReguSretitent$�; Eri accordance with a schedule in the
Subdivision Improvement , @AXcuted in conjunction with City approval
Agreementto b
of the first final map th4,a" ic.ant/subdivid�� rall design and construct and be 100
percent responsible for thL b69f1.3f#he followinsite improvements to their ultimate
standard configurations in 4 bcorcigh"b'&with the Cr£i o£ San Juan Capistrano Master
Plan of Streets and Highu ys and-', e altisf on the City Engineer. The
applicant/subtlh_f ar. shall pr' ,'10e p,1t°£tsrmaity 7,nds/securities for 100 percent of
each estirti'at¢d 'f6vement i Wprepared tk a Registered Civil Engineer and
approve, the City` i'gineer ant City Attorney. In addition,the applicant/subdivider
shat! protide labor matenalond3111
s/securities for 100 percent of the above
estimAdd.improverxf ftt costs as d�ermined by the City Engineer. All easements,
right of 564gacqUiS,i Y s; a� is atio land permits needed from any agency to
An
aommocY ,pti improlisted below shall be processed by the
5lidar�t/ no cost to the City. Any exception to or deviation from this
condi£ib i hall b8 eta lect to review and approval by the City Engineer (PW.)
n Zh.
IntersktiOn/Rode ment Required Improvements
_> a. La Pata"ANfe nue and "A" Street, Construct the intersection, to include a
the primary ehtiy roadway for both the traffic signal, two eastbound lanes on "A"
ugh school ai
the residential area Street, and the improvements to La Pata
Avenue required by the County of Orange
in accordance with Cooperative Agreement
No. D03-044.
_ 1.34 Off-Site Circulation Improvement Requirements Subject to Partial Reimbursement.
Except as otherwise set out in accordance with a schedule in the Subdivision
Improvement Agreement to be executed in conjunction with City approval of the first
final map, the applicant/subdivider shall design and construct and be initially
responsible for all the cost of the off-site improvements listed below to their ultimate
standard configurations in accordance with the City of San Juan Capistrano Master
Plan of Streets and Highways and to the satisfaction the City Engineer.All easements,
right-of-way acquisitions, dedications and permits needed from any agency to
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Whisperinq Hills Estates Page 15 of 27
accommodate said improvements listed below shall be processed by the
applicant/subdivider at no initial cost to the City. The City, upon a written request from
the applicant/subdivider, will enter into a reimbursement agreement to partially repay
the applicant/subdivider in accordance with the provisions of the Capistrano
Circulation Financing Program(CCFP). However, if any improvements identified below
are constructed by another party, the applicantisubdivider shall pay for the project's
pro-rata "fair share" of the cost of the design and construction of the street,
intersection and traffic signal improvements to their ultimate respective widths and
configurations in accordance with the City of San Juan pistrano's Master Plan of
Streets and Highways, including any applicable rightick',-Gy acquisition, base on the
proportion of traffic generated by the project, aity-approved traffic
study.
The applicant/subdivider shall provide perfttttrities for 100 percent
of each estimated improvement costas GS'ared by a Register3;Civil Engineer and
approved by the City Engineer and C ,.t�orney. In addition, the ap{ icant/subdivider
shall provide labor and materials'bonds/securities for 100 per6bht,of the above
estimated improvement costs as det6uned byl5ey Engineer.Any cizception to or
deviation from this condition shall bel subject #ir review and approval by the City
Engineer. (PW.)
G I ny
Intersection/Road Se 5tf�,;,,, n uired Improvements
a. 1-5 Southbound Ramps Ort�g Oonstructh„ additional eastbound right-
Hi hwa ?,,.,; ,,
tNane
b. 1-5 NoithtSc4tint Ramps ,` ?rtega ,6frst bt an additional lane on the off-
Hi hwa t d, ramp.
C. Orialighwayst of 15 Installation of a signal coordination and
surveillance system along Ortega Highway
F . from I-5 to La Novia Road. (Video
surveillance will provide incident detection
and quick removal of problem vehicles.
i�r ' tV La Pata Avenue Roadway and Construct improvements as required by the
Antonio, rkwa lLa, Pata & Ortega County of Orange in accordance with
l
Hi hwa” (r�ersectidrt � Cooperative A reement No. D03-044.
Nato? /NFRASTRYIp.TURE CONDITIONS:
1.35 E meter Imnroyelhent Agreement. Prior to approval of each final map, the
app(izant/sulidf der shall execute a Water Improvement Agreement with the City
mcluinImprovement Phasing Plan, shall pay all applicable Water
Develdo,f(T'nt Charges as last revised, and shall post the required securities in
compliance with City water standard specifications. (Water)
1.36 Fire Flow Demands. Prior to approval of each final map,the applicant/subdivider shall
obtain from the Orange County Fire Authority(OCFA)the required fire flow demands
and fire protection requirements to serve the development within that final map and
shall provide evidence of satisfactory fire flow. (Water)
_ 1.37 Dedication of Water Facilities. Prior to approval of each applicable final map, the
applicant/subdivider shall dedicate on the final map, at no cost to the City, all public
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 16 of 27
water facilities, water rights and the required easements to the City for project
improvements. (Water)
1.38 Sewer and Water Plans. Prior to approval of each final map, the applicant/subdivider
shall submit to the City Engineer and the Water Engineering Manager for review, and
shall obtain approval of, sewer and water plans prepared by a Registered Civil
Engineer. These plans shall include, but shall not be limited to, the following water
requirements: (Water)
a. The water main pipelines for both domestic and non domestic facilities within the
tract's street improvements shall have a min"m,Inirdiameter of 8-inch for looped
systems and 12-inch diameter for single sodtce WdfEt°systems, unless otherwise
determined by the Water Engineering Marl r.
b. All water main pipelines, through "O'"" space areas, shat( be fully welded steel
water mains that are cement mbilt ned & coated (CML& }.pith a deep well
anode and an impressed curreh0,,,4S thodic protection or an acce table alternative
corrosion resistant water systemsapprovedtthe Water Engineering Manager.
c. All water main pipelines shall have a"rSii Irpum diameter of 12-inch for domestic
water and 12-inch #or tion-domestic niter through the open space areas
connecting the east iyd w canyon residikal development sites, subject to
approval by the applicable � 5bprce andfas If such approval cannot be
obtained, an alternate n thaty�satues the same hydraulic function shall be
developed
d Thecanut}eyyider sha13 sign water main pipelines that are adequate to
pfbie the requirewater dersand for domestic and fire protection purposes,and
the fquired watat tfemand for tt5tj,-domestic irrigation facilities.
xy ,
Romesticrovertir
h
l%
e Ttt plicahfYtbdivider shall design the following off-site domestic water main
connexons a Pd pipelines in accordance with City water standard specifications,
unless o#Yterwise ttefrmined by the Water Engineering Manager:
1) A domtc watermain from the 12-inch water main located along the northerly
10
j x
boundeFy of Tract 13726.
>AtitYrestic water main from the proposed 24-inch SC04 pipeline In La Pata
F< riue up to the proposed school site and extending along the entire south
and southwesterly boundary of the school site,
3) A domestic water main from the proposed 24-inch SC04 pipeline along the
southerly boundary of tract 16634.
4) A domestic water main connecting the east and west canyon areas of the
development.
f. Emergency pumping connections between the 575 HGL and the 700 HGL
PC Resolution #09-5-12-1
Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Pape 17 of 27
pressure zones near the eastern boundary of Tentative Tract 16634.
g. The applicant/subdivider shall design all required pressure reducing stations
(PRS) and piping in order to serve a range of acceptable water pressure for the
domestic water facilities. This shall include, but shall not be limited to, the
following:
1) A domestic water PRS between the 760 HGL and 700 HGL pressure zones, or
as required, to be located along southerly borttl ,f� of the tract, in the area
where the proposed SC04 12" stub out is to3 :ibcated.
2) A domestic water PRS between 700 HGLt5d ;f IGL pressure zones,or as
required, near the western boundary,oftte eastyon residential area.
� -
3) A domestic water PRS between,IHGL and the 575 Htpressure zones,or
as required,to be located n #R0"connection to the props ,SC04 pipeline
in La Pata Avenue. �<
Non-Domestic Water Improvements ' { -
h. The applicant/subdivlt3e JTall design the following off-site non-domestic water
main connections and pea In accord2f{ewith City standard specifications,
unless otherwise deterCring Manager:
Y N11
1) A nodomestic water#fain ft , fhe 1}loh non-domestic water main at the
wgit,"," 1 belle Los 0,,99fif6s.
i.
2) t ion-domesiY_,,pater maiPi olpeline that shall be extended (stubbed out)to La
ata Avenue,fbi future imptaSVements.
F
3) A w2f YI' Wh'pipelin tk t h ffbe extended (stubbed out)to the southeasterly
bound" of Tentative Tradt 16634.
dp'(�licantl�UBdivider shall design a reduced pressure principle assembly
{ \, (RPPA) S tween ffitO, omestic and non-domestic water facilities for the areas to
be irrigatfhat are riot able to be served by the proposed non-domestic reservoir.
The RPPA{sj shall be located near the southeasterly boundary of Tentative Tract
,16634 ,
1.39 Noxi- riaett Reservoir. Prior to approval of the first final map, the
applidSbdivider shall enter into an agreement with the City to provide a site for a
non-dor4stic reservoir within the tentative map boundaries. The agreement may
include the following provisions:
a. Reimbursement and/orfee credit to the applicant/subdivider based on fair market
value of the reservoir site.
b. Site area and location.
c. Grading.
d. Mitigation of view impacts, such as partial or complete burial of the tank, berming,
tank color, landscaping, etc.
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Whispering Hills Estates Page 18 of 27
e. Access road/easement.
f. Reservoir construction routes.
The City shall be responsible for processing land use entitlements and environmental
approvals for the reservoir. The applicant/subdivider shall not be required to design or
build the reservoir. The applicant/subdivider shall agree to share with City all available
site data on proposed reservoir locations, such as environmental, soils, drainage, or
other studies previously completed for the subdivision, and,to cooperate with the City
to facilitate the property acquisition process wiffidut undue delay. The
applicant/subdivider shall agree to coordinate corfztrirtion of the reservoir with
construction of the subdivision improvements to the sxtent feasible and reasonable.
(Water & PW.)
FIRE PROTECTION CONDITIONS:
r
_ 1.40 Secured Fire Protection AgreemeC�t x dor to approval of the f} t,,,final map, the
applicant/subdivider shall submit 107,11ince of a See red Fire Proter ire Agreement
with the Orange County Fire Authorf+ b mitigatderse cumulativeilfipacts of the
project on the OCFA. Such an agreemfinaytIde participation on a pro rata basis
n funding capital improvements necessTy tGf establish adequate fire protection
facilities to serve the groat (Fire)
1.41 Fire Protection Area tft anto apfYtSvaI of each final map, the
applicant/subdivider shall p12 a noterx`#be map orate plan meeting the approval of
the Fire Chie ,Z'at.�ll requiconstruction within a "Fire
Protection� ira" ynGtding inct$a4d street If{f# s, Class A roof assemblies, fire
spnnklef�, tc. will beget. (Fire)
_ 1.42 Fuel Modification P18t Prior to appftSal of each final map, the applicant/subdivider
shall otifiYt apprthrdC�i3ae FireFhief, in consultation with City staff, for a
,
conceptua( �Idd'rficatiot33'1Fsd"program. (Fire)
f� p
tJotaior to approval of each final map, the applicant/subdivider shall
nclude 9tidte orfs, ap stating that all residential structures exceeding 5,500
square feet Tl..... strut teras exceeding fire department access requirements shall be
protected utomafire sprinkler system in a manner meeting the approval of
the Fire Chief jre)
_ 1.44 �1`f` c SignAF,' -emption Equipment. Prior to approval of the applicable final maps,
as r{ ferlra by the Fire Chief in consultation with City staff, the subdivider shall
.. ;
enter ft tt "'ri agreement with the County for the installation of traffic signal preemption
equipmefit for the surrounding controlled intersections. This agreement shall be
accompanied by financial security. (Fire)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE
GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMITS SPECIFIED BELOW,OR
IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING PLAN:
2.1 Permits Required. Prior to the commencement of any grading or construction activity
not provided for in previously-approved permits, a permit shall be required. All
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 19 of 27
improvement work, whether performed on-site or off-site, shall require a permit to
ensure the integrity and safety of all existing and proposed improvements affected by
construction activities. (PW.)
_ 2.2 County Approval of La Pata Access and Improvements. Prior to issuance of
right-of-way improvement permits for any work within the City's jurisdiction, the
applicant/subdivider shall submit to the City Engineer copies of all required
encroachment permits and construction authorization issued from the appropriate
agencies and property owners affected by the ¢rrpi5sed La Pata Avenue
improvements and by the construction of the access rbaCls from La Pata,to Tentative
Tract 16634. The applicant/subdivider shall also subrrittto the City Engineer a copy of
an executed agreement with the County of Orare`forti e of La Pata Avenue as a
perpetual access to the project. Said permits an all be accompanied by
County approved street improvement plan' or all the work'essociated with the La
Pata Avenue improvements. All submjtt4t6cumentation and plans shall be subject
to review and approval by the City E;,O§jfter. (PW.)
2.3 Mylar of Final Map. Prior to issuanc �,,rading aid rf ht-of way improv hent permits
subsequent to final map recordation, grit applij#ysubdivider shall submit to the City
Engineer a reproducible copy/mylar of th(ptbie j`s recorded final map. The applicant
shall also submit for review, d shall obtain approval of,the Orange County surveyor
of a digital Map pursuantE a4> ounty OrdiiAar,ce 3809 of January 28, 1991. the
applicant shall pay for all rsts of skid 5digdal subtR#ttaI including supplying digital
copies to the City of the finaligital map in DXF format.All
Digital Subpii Mons shall cition of the City of San Juan
Cap istranobrgifgltbmissionvattrds
2.4 Re cy jj#St Reduce DA&Act of 19 (CIWMA). Priorto issuance of grading and right-
of way)jli�provement Emits,the aoMftant/subdivider shall submit to the City Engineer
for revieadf apd shaobta' approvalKa program complying with the requirements of
tbe CaliforriI ted A'0,jr/( n ' ement Act of 1989 to reduce construction and
effc11ton deff7t ahrough recycling. (PW.)
tV
t
_A % NPDES l t ustnal it for Grading. Prior to issuance of mass grading and right-of-
way impro��ent per`its, the applicant/subdivider shall submit a Notice of Intent
(NOI) to the G.Wifornia State Water Resource Control Board for coverage under the
State Nationai, bllutant Discharge Elimination System Program (NPDES) General
it for stoC ater discharges associated with development/construction activity in
e3ts�s of f� res of land. Evidence that this requirement has been met shall be
subffied`tYie
it Engineer. (PW.)
2.6 Gradingccess and Haul Route Plan. Prior to issuance of mass grading and right-of-
way improvement permits, the applicant/subdivider shall submit to the City Engineer
for review, and shall obtain approval of: (PW.)
a. An on-site plan showing location of the access point, for the earth moving and
grading equipments and for workers vehicles entering and exiting the site. All
construction related deliveries and activities shall access the site from La Pata
Avenue only
PC Resolution#09-5-12-1
Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
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a. An off-site haul route plan for soil importation/exportation circulation and for heavy
construction related deliveries. The haul route plan shall specify the dates and
times and headways for hauling activities in compliance with all applicable City
standards. The City Engineer may require a security deposit in conjunction with
approval of the haul route plan.
_ 2.7 Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-
of-way improvement permits, the applicantisubdivider shall adhere to the following
conditions during the entire grading and construction opition: (PW.)
a. If any drainage problem is anticipated or odors during construction, the
applicant/subdivider shall provide and implement a `I tion acceptable to the City
Engineer, at no cost to the City, and shall it a aided instrument to insure
the durability of the solution
,. '
v
b. Any grading work beyond theIir� S'of grading shown on thep roved grading
plans shall require a written (Af7ibvaI from tl�e City Engineeriti and Building
Director and shall be subject to �plema8jeotechnical Sorb Report and
additional fees.
2.8 Construction Phasing art!A�gation Prograrrtsior to issuance of grading and right-
of-way improvement perrtlts"` f1 applicant/surider shall pay a cash deposit for
restoration and cleanup ptit'}`�osegAn amount its be determined by the Building
official, and shall prepare adhe` zd a Constr tion Phasing and Mitigation
program, app ,by the Cbtmufni irector and Building Official
containin , tif�nd 46ited to t €�fb�lo�img & CD)
a grading:
1 n�lauI r6 frSCy h moverts nt of on and off-site of heavy earth-moving
f at nt.
t Locate of assembly and storage/service areas for heavy earth-moving
quipmf,and limits of hours of operation.
� 3. Cc fjfol of wdFker access to site, including hours of work, limits on noise
so s, and dust and soil import/export.
4. GdFh(iliance with environmental mitigation measures, including stockpiles
hd dust impacts.
A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
b. Enforcement:
1. The Community Development Director and Engineering and Building
Director may modify the Construction Phasing and Mitigation program
standards if on-site observations indicate that construction activities are
creating a nuisance to adjacent property.
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 21 of 27
2. The applicant/subdivider shall hire a project enforcement person approved
by the Engineering and Building Director to ensure compliance with the
Construction Phasing and Mitigation Program.
3. If the City determines that the applicant/subdivider is in violation of the
approved construction Phasing and Mitigation program, the Community
Development Director and/or the Engineering,and Building Director are
authorized to shut down the project by reasb''f said violation.
_ 2.9 Capistrano Circulation Fee Program (CCFP), XCept as otherwise set out in
accordance with a schedule in the Subdivigreement to be
executed in conjunction with City apprl5l of tie ,first final map, the
applicant/subdivider shall pay fees, in theM)`ount establisheTl by City Council at the
time of permit issuance, as required t � he�CCFP at issuan bf3building permits.
(PW.)
WATER INFRASTRUCTURE CONDITIONS8.' ' ,11
_ 2.10 Design of Water Facilities. Prior fo , p(irovaI of grading permits, the
applicant/subdivider sh*I1 sign all domes# ` nd non-domestic water facilities in
compliance with City watef�,st9t)'Ord specific a4 Sir If a water improvement phasing
plan is to be implemented1Je phd`§# plan shalhbe ubmitted with the improvement
plans to the City Engineer OiN"Ahe Uti approval. (Water)
FIRE PROTECTIONVOWITIONS. .
2.11 Fire AV' ant Lior tbs ssuance of a precise grading permit, the
applid Yt#(subdivi shall submit i e hydrant location plan to the Fire Chief for
review a'tlpprolrr ) ;t l
ri
22�'-ate'�Fcess`� �ads Pnor to 'issuance of a precise grading permit, the
applidaf5 subdiM6r,shall submit and obtain approval of the Fire Chief and City Staff of
plans forYi3 protectt9Yr,,access roads to within 150 feet of all portions of the exterior of
struc(t on thgik,unless exempted from this requirement by the Fire Chief in
r consideratio�i d$,the prAsion of alternate measures, such as the installation of fire
sprinklers Th ans shall include plan and sectional views and indicate the grade
k width oft ccess road measured flow-line to flow-line.When a dead-end street
Sl or when otherwise required, a clearly marked fire apparatus access
turri,�,fb,us l be provided and approved by the Fire Chief(The applicant/subdivider
shoull the OCFA at 714-744-0499). (Fire)
2.13 Fire Lanes. Prior to issuance of a precise grading permit,the applicant/subdivider shall
submit and obtain approval of the Fire Chief and City Staff of plans for fire lanes on
required fire access roads less than 36 feet in width. The plans shall indicate the
locations of red curbs and signage and include a detail of the proposed signage,
including the height, stroke and colors of the lettering and its contrasting background.
(Fire)
2.14 Conceptual Fuel Modification Plan. Prior to issuance of a precise grading permit, the
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 22 of 27
applicant/subdivider shall obtain approval from the Fire Chief, in consultation with City
staff, for a conceptual fuel modification plan and program. The plan shall indicate the
proposed means of modifying vegetation to reduce the risk to structures. (Fire)
_ 2.15 Fire Road Access Gates. Prior to issuance of a precise grading permit, the
applicant/subdivider shall obtain approval from the Fire Chief for the construction of
any gate across required fire access roads. (Fire)
3. THE FOLLOWING CONDITION SHALL BE SATISFIED/lick bR TO ISSUANCE OF
RESIDENTIAL BUILDING PERMITS, OR IN ACCORD
IMPROVEMENT
WITH THE WATER
IMPROVEMENT PHASING PLAN:
3.1 Affordable Housing Requirement. The applicdYst/subdivitershall meet the General
Plan Housing Element's affordable hour Y,",requirement b it (1) prior to the
issuance of a "Certificate of Occupancy° ung beach market rate dv� lunit, paying an
in-lieu housing fee to the City pursuatJf vection 9 5 103, "Housi�gfi lieu fee"of Title
9, Land Use Code in affect at thattthY6;,or, (2) prior to the i15t building
permit for a market rate dwelling unit fovidingtkl development of'9`minimum of
sixteen (16) affordable housing unit, suble ' ta a City-approved and recorded
Affordability Agreement restricting the rental at7dror sale of such units to qualifying"low
income" and/or"very do A"
rrae householc f r a period of not less than thirty (30)
years. The applicant/sub tlfYlIt respon5lftJor securing the required planning
application approvals for ttl develt% rraent of sum affordable housing, and shall
secure the required building, its prZbrto,the issuaYi e of the 1st building permit for
any market rets housing unto, apQ air,ubi�plete construction and secure all
Certificates o Odency" forC ordable hbra�ing units prior to the issuance of
any Ce J Nates of CfcCupancy fi Y the market rate units. (CD)
3.2 DevebiJiffient Plans' ;Prior to f 5uance of the first building permit for each
develftent phasek#hb applicant/ to clivider shall submit development plans to the
Commujar++DeveltloltlPeotorfor #y review and approval. Plans to be reviewed
rs 11 be asye Offld le to"ttr FI ar development phase under review and, in
gllYeh shalftclude grading plans (unless previously approved by the City),
��s prelimlRt sitetx landscape plans, park plans (if applicable to the development
phase), di jiitectu�'�ifE�vations,wall/fence plans, project entry and gate plans,sample
material boe> #s, andOther plans as specified by the Community Development
Director. Lan(t c in pPans shall provide at least one street tree per residential lot in
the east
any residential area. Architectural elevations will not be required for West
pyon hom�s'f the Community Development Director confirms that the West
Gaon will c�t1$ist of custom home development only. (CD)
r �
3.3 CaIive Landscaping. In conjunction with the submission of a building permit
for irrigation system improvements in the front yard and the side yards visible to the
street, the property owner shall submit a preliminary landscape plan forthe area to the
Community Development Department for review and approval and shall meet the
following standards:
• Said landscape plan shall be limited to the use of California native plants or
California-friendly plants as determined by the Community Development Director
or his designee.
• The irrigation system will use only drip system devices, stream bubblers, soaker
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 23 of 27
hoses, and similar water-conserving irrigation devices.
• The property owner shall complete the installation of all landscape improvements
consistent with the City-approved preliminary landscape plan, and furthermore,
shall maintain a California native plant palette.
The planting of ornamental or invasive plant species shall be prohibited.
3.4 Site for SONGS Warning Siren. Prior to issuance of a building permit forthe first home
within the project(other than model homes), unless released by the City Engineer,the
applicant/subdivider shall design, construct, and dedicate-,to the City a graded pad for
a SONGS warning siren with a minimum usable pad are `tf 12' x 12', an all-weather
access road, and phone and electrical service,at locatr3'n within the tract boundaries
approved by the City Engineer. This condition mayzbedeleted by the City Engineer if
he determines that an alternative site has beenrSrbvirning siren (PW.)
3.5 Maintenance Road and Barrier Camino 1,. uague. Prie of a building
permit for the first home within the pro*4. 1 ether than model htst7tes), a 16-foot wide
paved maintenance road ext endingfPt�}-the present terminus ofGinino Lacouague
to the high school site and a gated fg e or other barCier to controlveHY ar access to
the maintenance road shall be ctttructed by tfie applicant/sub$C,,ider to the
satisfaction of and in accordance withi1ns a�€ ied by the City Engineer. (PW.)
_ 3.6 Access R�SdL rta.City Open Spe .aPrior to issuance of a building permit
Tor the first home within t�'ptb ct (other th odeI homes), a 20-foot wide all-
weather road to provide V lcui'a sbetty l,` a Pata Avenue and the City-
tm
owned open space propertyrth of th schootte shall be constructed by the
applicant/subdivider to the sa#aactiojdd aCtgn cordance with plans approved by
the it ErlganeerPA(. ,,r=
WATER/NFfrSTRUCTURONDITIC31tt5:
3.7 C0 Smf h esr Pnor t( suance of building permits for each building
.base, the -'P' It i/subdi�t dJJ�complete the construction of all domestic and
�� ; tt�lestiC u( ter facilities as rtidicated, in compliance to City water standard
: speer fC�ons, ifl5ldss otherwise provided in the Water Improvement Phasing Plan,
r and sha) cta�ply vs ,e provisions below. Any exception to, or deviation from this
<` condition spelt be s review and approval by the Utilities Director. (Water)
a. Priorto issYbce of the 1s'building permit in the east canyon with the exception of
building pits for a maximum of three model homes, the applicant/subdivider
shall contfle e construction of the connection to the SC-04 waterline to the south
f+ fill property, including the on-site domestic system and any remaining
par, of the reclaimed water system related to the east canyon side.
b. Prior to issuance of the 71s` building permit, the applicant/subdivider shall
complete construction of the off-site domestic and reclaimed waterlines located
westerly of the property. Said waterlines will be constructed in paved or gravel
roadway alignments depicted on Exhibit A (Whispering Hills Waterline Exhibit),
attached hereto and incorporated herein. If the west canyon grading has not been
completed, the applicant/subdivider shall construct over land domestic and
recycled waterlines from the southerly end of Avenida La Mancha to the current
end point of the westerly 12" domestic and recycled waterlines which connect to
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 24 of 27
the east canyon along the route described as the"Temp Over-land 12" Domestic
WT."
c. Prior to the sale of any single lot in the west canyon,the applicant/subdivider shall
construct all permanent, underground domestic and recycled waterlines from the
southerly end of Avenida La Mancha to the current end point of the westerly 12"
domestic and recycled waterlines which serve the east canyon. The
applicant/subdivider shall include a provision within the sales agreement for
individual lots specifying that lot owners may not request and the City shall not be
obligated to issue any building permit until permanent, underground waterline
improvements have been completed. The intent of this provision is to ensure that
all permanent, underground domestic and recycled waterlines are constructed
prior to the sale of any lots. All other conditions of development for the domestic
and reclaimed water system still apply, Additionally, no building permit and/or
certificate of occupancy shall be is .0.t[4or any single lot in the west canyon prior
to completion of all undergrouImestic and recycled waterlines from the
southerly end of Avenida La `'r a to the cu nt end point of the westerly 12"
domestic and recycled waterline' ich se east canyon.
FIRE PROTECTION CONDITIONS:
3.8 Fuel Modification. Priorto jiJULce of a bu permit, the applicant/subdivider,
under the supervision of th re 11 com the portion of the approved fuel
modification plan determinetl to be ary re the introduction of any
combustible materials into the proj va shall be subject to an on-site
inspection. (Fire)
3.9 Confirmation Letter. Prior to the issuance of a building permit,the applicant/subdivider
shall submit a letter on company letterhead stating that water forfire-fighting purposes
and all-weather fire protection access roads shall be in place and operational before
any combustible material is placed onsite. Building permits will not be issued without
Q_ , - County Fire Authority approval obtained as a result of an on-site inspection.
(Fire
,3..9 Hazardous aterials.if any hazardous materials are to be used or stored on site, prior
to the issuance of a building permit, the applicant/subdivider shall complete and
,submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical
M entory and Business Emergency Plan" packet. (Fire)
3.11 Fire' rin rs: Prior to the issuance of a building permit,the applicant/subdivider shall
submifor any required automatic fire sprinkler system in all structures to the
Fire Chief for review and approval. (Fire)
4. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
CERTIFICATES OF OCCUPANCY
4.1 Filing of Property Corner Survey Records. Prior to issuance of a certificate of
occupancy for the first home within the project (other than model homes), the
applicant/subdivider's surveyor shall file the appropriate property corner survey
records with the County Surveyor and show written confirmation indicating compliance
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Modification #1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Pape 25 of 27
with the County Recorder, as required by Section 8771 of the Business and
Professions Code (PW.)
_ 4.2 Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy for the first home within the project(other than model homes),
the applicant/subdivider shall complete, to the satisfaction of the City Engineer, all
facility improvements required of this development and necessary to serve the
development, including the off-site sewer main line along,,San Juan Creek Road, in
accordance with the City approved Construction Phasingtd Mitigation Program,the
approved plan, and approved exceptions (PW.)
4.3 Installation of Landscaping. Prior to issuance ofertifttg of occupancy for the first
home within each development phaser fYir1 model homes), the
applicant/subdivider shall submit a letter t{5,the Community development Director,
signed by a Registered Landscape/afdhtect, stating that `a11, materials for all
landscaped areas have been installed,10% rdance with the apli o plans for each
development phase, and shall def--pbstrate to the satisfaction o tfie, Community
Development Director that all lands° ed are Piave been landsoa ed per the
approved landscape plans. (CD)
FIRE PROTECTION CONDITIIA)Vts
4.4 Hydrant ABlue Dots@ Priof*, the r9 Ce of te of use and occupancy, the
applicant/subdivider shall irk&#all blufi pfiv (cant markers on streets, as
approved by z iFe Chief, to riarkk#jStbcdicttx"bf alIfire hydrants. (Fire)
4.5 Complatti `Of Fuel #yl dificatio�i`` nor to the issuance of a certificate of use and
occup,ancy, the nt/subdiytc er shall implement and complete the fuel
modific ron plan ung he supervi is Or the Fire Chief with an approved plant pallet.
The fuel�tldlflCata+ rtYari Stall be sp'bject to triennial inspections. (Fire)
4,6V",%pt- o� rinkler System. Prior to the issuance of a certificate of use and
` occupaff , the Jicant/subdivider shall demonstrate that any required sprinkler
f �r' system is Y�ratio% to a manner meeting the approval of the Fire Chief. (Fire)
5. 1 FOLLOWINGNDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF
11 TS ELEASE OF PERFORMANCE SECURITIES
i
5.1 tea ode As < Mvlars. Prior to acceptance of the works of improvements and
rele4°i�,pf ormance securities, the applicantisubdivider shall submit to the City
Engin Y f review, and shall obtain approval of, the reproducible Aas-built@ mylar
plans of`all on-site and off-site improvement works completed and accepted. Said
plans shall be prepared by a Registered Civil Engineer. Also, the applicant/subdivider
shall submit digital copies of all as-built plans in accordance with the latest edition of
the "City of San Juan Capistrano Digital Submission Standards". (PW.)
5.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of improvements
and release of performance securities,the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of, a videotape,filmed in the presence
of a City Staff representative/inspector, of all sewer and drainage improvements. The
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Modification#1 to Tentative Tract Map (TTM) 16634 Recommended Conditions of Approval
Whispering Hills Estates Page 26 of 27
videotape shall become the property of the City. (PW.)
5.3 Monumentation and Corner Records. Prior to acceptance of improvements and
release of performance securities, the applicant/subdivider's surveyor shall set all
required monumentation and re-establish any damaged or destroyed monumentation
during construction. Monumentation, street centerline ties and appropriate corner
records shall be submitted to the City Engineer and filed with the County Surveyor in
compliance with AB 1414 and Sec. 8771 of the Business and Professions Code.
(PW.)
_ 5.4 Prior to acceptance of improvements and relea nf,performance securities, the
minimum six-foot wide pedestrian path from tib"1;' StYret cul-de-sac to the private
neighborhood park east of"B" Street shall beved.
WATER INFRASTRUCTURE CONDITIONS >' ,
5.4 MvlarRecord Drawings. Prior totheptanceofwaterimprovemehtg, ndreleaseof
performance securities,the applicarthall submitttYhe City Engineer, nd the Water
Engineering Manager for review, and S1 U obi# ��+"approval of, reproducible "record
drawing"mylar plans that call out any devi i#tbrarom the approved signed plans of all
the domestic water syst(";lion domestic w t system, and the landscape irrigation
system. These record draj%,' ' ali alto the City in digital format in
accordance with the late€ edICbhf the City t5f San Juan Capistrano Digital
Submission Standards (UtiI;
Responsible Agencies 'r`yt�3ommunif�tlevelopment Department
Community Development-Building & Safety
PUU� NG: Public Works-Engineering Division
U ' 1Jtilities Department
r O"ej Mange County Fire Authority
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Applicari�`,Oi*6ce of NiWitions of Approaal:
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Applicant Tgna ure Date
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Todd Cunningham Wo`Odbridge Development
WF
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