PC Resolution-04-04-27-02PC RESOLUTION NO. 04114-27- 2
ARCHITECTURAL CONTROL (AC) 03-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND APPROVING THE CONSTRUCTION OF A TWO
STORY, 5,963 SQUARE FOOT PROFESSIONAL OFFICE BUILDING AND
AN AMENDMENT TO SITE DEVELOPMENT PERMIT (SDP) 92-01. THE
PARCEL IS LOCATED AT 27345 ORTEGA HIGHWAY, BETWEEN
MYSTIC GARDENS NURSERY TO THE EAST AND ORTEGA PLAZA TO
LAW OFFICE).
THE WEST. (ASSESSORS PARCEL NUMBER 650-201 -14) (REISING
Whereas, William Reising (owner), 32222 Camino Capistrano, #A, San Juan
Capistrano, CA 92675, has requested approval of Architectural Control application AC 03-
02 to allow the construction of a two story, 5,963 square foot professional office building
(San Juan Law Center) and to recommend to City Council, approval of an amendment to
Site Development Permit (SDP) 92-01. The property is located at 27345 Ortega Highway
which is General Plan-designated "ORP" (Office Research Park) and classified as "SP/PP"
(Specific PlanlPrecise Plan) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
L 2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, has issued a Mitigated Negative Declaration pursuant to Section 15070 of
those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1 970); and all mitigation measures
have been included herein; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA): and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on March 23,2004, pursuant to Section 9-2.339 of the Municipal Code to consider public
testimony on the proposed project; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
PC Resolution 04-04-27-2 2 April 27,2004
1.
2.
3.
4.
5.
6.
7.
Amendment to Site Development Permit (SDP) 92-01 - The proposed project is
consistent with the overall purpose and general design of SDP 92-01 in that
professional offices are listed as a permitted use and the project will be developed
under the same development standards that were used for all the parcels that are
covered by the SDP within the Specific Plan/Precise Plan (SP/PP) zone; and,
The proposed project complies with all the provisions of Title 9 of the San Juan
Capistrano Municipal Code subject to the mitigation measures and conditions of
approval contained in this resolution; and,
The architectural and general design of the project is generally consistent with the
goal, policies and objectives of the Community Design Element and all other
applicable provisions of the General Plan in that the overall architectural design of
the project has been designed in a manner which utilizes building materials and
finish colors consistent with existing developments found throughout the City.
Incorporation of such considerations help in maintaining the City’s character and
identity without creating impacts typically associated with new development of
commercial projects; and,
The site plan is compatible with surrounding existing and proposed land uses in that
adjacent land uses include various types of commercial uses to the east, west, and
south, and with the residential area immediately to the north; and,
The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City;
and are compatible with the character and scale of adjacent buildings with respect
to building materials, colors, exterior lighting and signing and similar elements in that
the architectural design is characteristic of Spanish Revival styles of architecture,
and will be compatible with, and complimentary to the surrounding commercial
projects immediately adjacent the to the site; and,
The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation
in that the overall improvement of the site would not interfere with the fully
developed circulation elements within the immediate area and will provide for
additional pedestrian sidewalk and access for emergency vehicles; and,
The general landscape design, including the location, type, size, color, texture and
coverage of plant materials has been considered to insure visual relief to
complement buildings and structure and to provide an attractive environment for the
enjoyment of the public in that the proposed landscaping materials are appropriate
to the climatic zones of the City; and,
PC Resolution 04-04-27-2 3 April 27, 2004
8. The mitigation measures contained in the mitigated negative declaration, as issued
by the City's Environmental Administrator, will reduce potentially significant
environmental impacts to a level below significance; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby certifies the Mitigated Negative
Declaration and approves Architectural Control (AC) 03-02 and finds the project consistent
with Site Development Permit (SDP) 92-01 subject to the following mitigation measures
and conditions of approval:
Mitigation Measures:
Mitigation measure # 1 : Prior to issuance of a grading permit, the applicant
shall prepare and maintain dust control plans/procedures for
managingheducing dust and PM,, emissions associated with grading and
construction to the satisfaction of the Planning Director or his designee.
Plans and procedures for PM,, emissions reduction will be consistent with
South Coast Air Quality Management District (SCAQMD) Rule 403 and may
include use of soil binders, truck washing, street sweeping, and regular
vehicle maintenance.
Mitigation measure #2: During periods when average wind speeds exceed
twenty-five (25) miles per hour, the City's grading inspector shall have the
authority to require the project to cease all grading activity, or implement
extraordinary air quality mitigation to effectively reduce fugitive dust
emissions (PM,,).
Mitigation Measure # 3: Prior to issuance of a grading permit, which would
permit trenching or grading at a depth of eighteen inches or greater, the
applicant shall retain the services of a RPA (Register of Professional
Archeologists)-certified field archeologist who will monitor all grading and
excavation for potential impacts on cultural resources including archeological,
paleontological, and historic resources. The applicant shall execute a
contract for services with a RPA (Register of Professional Archeologists)-
certified field archeologist including a scope-of-work which provides for
comprehensive monitoring; a contingency for assessment, recovery, and/or
evaluation; and the preparation of a technical memoranda or report and
submit a copy to the Planning Director for review and approval. In the event
cultural resources are encountered during grading, the monitor may cease
grading operations, consistent with City Council policy, to allow for the
assessment, recovery, and/or evaluation of any cultural resources.
Mitigation Measures # 4: Prior to issuance of a grading permit, the
applicant shall submit a "Subsurface Geotechnical Investigation" completed
by a licensed engineering geologist professionally certified by the State of
PC Resolution 04-04-27-2 4 April 27,2004
California to conduct such work subject to approval by the Chief Building
Official, or an analysis of the proposed project vis-a-vis any previously
prepared "Subsurface Geotechnical Investigation". The grading plan design
will be based upon the analysis and recommendations contained in the
approved "Subsurface Geotechnical Investigation". Any change in
recommendations and/or design shall be subject to review and approval by
the City's Engineering and Building Department.
Mitigation Measures # 5: Prior to issuance of a building permit,
proposed retaining walls shall be designed by a professional engineer and
constructed to standards and specifications established by the City Engineer.
In conjunction with the submission of improvement plans for proposed
retaining walls, the applicant shall submit a soils study/geotechnical report
prepared by a qualified engineering geologist which analyzes soils and
geologic conditions and provides specific recommendations on the design
of the proposed retaining walls.
Mitigation Measure # 6: Prior to issuance of a grading permit, the City
Building Official shall require the developer to offer to video -tape the existing
conditions for all adjacent properties. Proof of said offers, and a tape copy
of the existing conditions shall be provided to the City. In addition, movement
detectors shall be installed at the common property lines and monitored by
the engineering geologist.
Mitigation measure # 7: Prior to issuance of any building permits, the
applicant shall submit a detailed hydraulic/hydrologic report which evaluates
drainage areas, storm water runoff, existing and proposed storm water
drainage facilities to the satisfaction of the City Engineer. Prior to issuance
of any building or grading permits, the City Engineer or his designee shall
determine that the existing public storm water drainage facilities potentially
impacted by the project are adequate to accommodate all drainage
associated with the subject proposal, The City Engineer may require upgrade
of the existing public storm water drainage facility in order to accommodate
the project's runoff.
Mitigation Measure # 8: The proposed storm water drainage system design
shall comply with the City's adopted "storm water management regulations
and policies" and subject to review and approval by the City Engineer or his
designee.
Mitigation Measure # 9: Prior to the issuance of a grading permit, the
applicant shall demonstrate compliance with the applicable provisions of the
National Pollution Discharge Elimination System (NPDES) requirements
subject to the satisfaction of the City Engineer.
PC Resolution 04-04-27-2 5 April 27,2004
Mitigation Measure # IO: Prior to issuance of any building or grading
permit, the applicant shall submit a storm water management design
incorporating Best Management Practices (BMP) to minimize impacts to
surface water quality.
Mitigation Measure # 11 : Prior to issuance of the first building permit,
the applicant shall pay for the project's fair share financial participation which
shall be in addition to payment of CCFP fees of the total estimated cost for
future improvements as approved by the City Engineer at the intersections
below:
Ortega Highwayll-5 Southbound. Project traffic impacts at this
intersection require financial participation in construction of an
eastbound right-turn lane. The project contributes 0.33% to the PM
near-term traffic growth at this location
Ortega Highway/ld Northbound. Project traffic impacts at this
intersection require construction of a northbound left-turn lane. The
project contributes 0.48% to the PM near-term traffic growth at this
location.
Ortega Highwayldel Obispo Street. Project traffic impacts at this
intersection require construction of an eastbound throughhght-turn
lane. The project contributes 0.26% to the PM near-term traffic growth
at this location.
Mitigation Measure #12: Prior to issuance of a grading permit, the
applicant shall be required to secure approval of a "haul route permit" from
the Engineering & Building Department. The City may restrict the hours of
import/export to exclude the AM and PM peak periods so as to minimize
impacts along Ortega Highway and surrounding intersections.
CONDITIONS OF APPROVAL:
ENGINE ERIN G/B U I LD I N G CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY IMPROVEMENT PERMITS
1 .l. Pav Fees. The applicant shall fulfill all applicable fee requirements
in accordance with the City Municipal Code, Section 9-2.3 and the Public
Works, Water Division, requirements and post securities to insure
satisfaction performance (Engr.).
PC Resolution 04-04-27-2 6 April 27, 2004
1.2. Utility Undergrounding. The applicant shall show on the grading plans
the locations of all existing power poles and indicate that all overhead utility
lines within the property and along its street frontage shall be under-
grounded at applicant's cost (Engr.).
1.3. Storm Runoff. Hvdraulic/hvdroloav Calculations. The applicant shall
submit to the City Engineer for review and obtain approval for a Storm Runoff
study prepared by a Registered Civil Engineer showing existing and
proposed facilities, hydraulic and hydrologic calculations and the methods of
draining on-site and tributary areas without exceeding the capacity of any
affected. Runoff shall not be allowed to cross properties without proper
authorization and recorded documentation. Said study shall be consistent
with the City's Master Drainage Plan in accordance with all applicable City
regulations, OCEMA design criteria, and standards (Engr.).
1.4. Soils/Geoloav Report. The applicant shall submit to the City Engineer
and Building Official for their review and obtain approval for a Soils
ReporVGeotechnical Feasibility Study prepared by a Registered Geologist
and/or Soil Engineer to determine the seismic safety and soils stability of all
proposed development within the project and preliminary pavement sections
and substructure bedding/backfill recommendations, including the section of
Ortega Highway which requires widening. (Engr.).
1.5. Street ImDrovement. The applicant shall submit to the City Engineer
and CALTRANS, for review and obtain approval for, Street Improvement
Plans for Ortega Highway, prepared by a Registered Civil Engineer. These
plans shall show all existing and proposed improvements including but not
limited to street widening, curb and gutter, meandering sidewalk, street lights,
existing overhead utility poles and location of proposed utility conduits to be
under-grounded, street striping, storm drain, sewer and water. (Engr.).
1.6. Gradina Plans. The applicant shall submit to the City Engineer and
Building Official for their review and obtain approval for Grading Plans
prepared by a Registered Civil Engineer. These plans shall show the limits
of grading, modified driveway for emergency access purposes, drainage,
sewer, and water improvements. The extent of the topography shall be
extended enough to determine the drainage impacts to adjacent properties.
The elevations shall correspond with the Orange County benchmark datum.
(Engr.).
1.7.
permits, the final design of the eastern emergency access only driveway,
where no public vehicular access shall be allowed, shall be subject to review
and approval by Caltrans and the City Engineer. If the driveway design and
Site Plan and Easterlv Drivewav. Prior to issuance of building
PC Resolution 04-04-27-2 7 April 27, 2004
location is not approved by Caltrans, a revised site plan shall be submitted
to the Design Review Committee for review and approval (Engr.).
1.8. NPDES and Clean Water Act of 1990 Compliance. The applicant
shall submit to the City Engineer and Building Official for their review and
obtain approval for a Water Quality management Plan (WQMP) specifically
identifying structural and non-structural Best Management Practices (BMP's)
that will be used on-site to control predictable pollutant runoff. This plan shall
show all temporary and/or permanent erosion/sediment control mitigation
and devices needed to properly control the runoff and contain silt and debris.
(Engr.).
1.9. Drainaae Plans. The City Engineer, upon reviewing the hydrology and
grading plans, may determine that concentrated runoff conveyed by this
project and other upstream properties onto adjacent downstream properties
would require certain improvement to existing drainage facilities, the
applicant shall then submit to the City Engineer for review and obtain
approval for a Drainage Plan specific to the project which reflects
consistency with the City's Drainage Master Plan. This plan shall show
locations of all existing and proposed facilities. Any proposed improvements
shall be constructed by the applicant and at applicant's cost. (Engr.).
1.10. Sewer and Water. The applicant shall submit to the City Engineer,
for review and obtain approval for a Site Plan prepared by a Registered Civil
Engineer showing the sewer and water service lines and their corresponding
easements and points of connection with the City public main lines. All on-
site water facilities behind the water meter shall be privately owned and
maintained, including the fire protection system. The plan shall be specific
to the project which reflects consistency with the City's Sewer and Water
Standards. Any public sewer or water easement dedication, shall be, at
minimum, 20 feet wide and shall comply with the City's regulations. (Engr.).
1.1 1. Riaht-of -wav Easement Dedication alona 0 rteaa Hiahwav . The
applicant shall dedicate to the City of San Juan Capistrano the necessary
right-of-way easement all along the property frontage on Ortega highway to
maintain a sixty two foot (62') wide right-of-way, measured from the
centerline of Ortega highway in accordance with the Master Plan of Arterial
Highways, Scenic Highway Element of the General Plan, and Caltrans
standards. (Engr.).
1.1 2. Construction Mitiaation Proaram. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall pay a cash deposit for
erosion control and clean up purposes in an amount to be determined by the
Building Official, and shall prepare and adhere to a Construction Mitigation
PC Resolution 04-04-27-2 8 April 27,2004
Program, approved by the Planning Director and Building Official. Any
exception to, or deviation from this condition shall be subject to review and
approval by the City Engineer. (Engr. & Plng.).
1.13. All Construction Work Requires a Permit. Any and every
improvement work, whether performed on-site or off-site, requires a Right-of-
Way Permit. from all pertinent agencies. The purpose of such permit is to
ensure the integrity of all existing improvements affected by the permit's
construction activities. (Engr.).
1.14. NPDES and Clean Water Act of 1990 ComDliance. The applicant
shall submit to the City Engineer for review and obtain approval for a Water
Quality management Plan (WQMP) specifically identifying structural and
non-structural Best Management Practices (BMP's) that will be used on-site
to control predictable pollutant runoff. (Engr.).
1.15. Submit Haul Route Plan. For importation/exportation of soil in excess
of fifty cubic yards, in and out of the project site, the applicant shall submit
to the City Engineer for review and obtain approval for, a Haul Route Plan
specific to the project and in compliance with all applicable City standards
(Engr.).
1.16. Obtain Haul Route Permit. For importation/exportation of soil in
excess of fifty cubic yards, in and out of the project site, the applicant shall
submit a permit application, provide security deposit and obtain a Haul Route
Permit from the Engineering Division which will specify the dates and times
and head ways for hauling activities. (Engr.).
1.17. Drv Utilities (Elect.. TeleDhone. Cable TV. Gas). The applicant shall
submit to the City Engineer, for review and obtain approval for, Electrical,
Gas, Telephone and Cable Television Installation Plans to ensure proper
utility undergrounding and compatibility with existing and proposed
improvements. Vaults, transformers, juncture boxes, or any similar devices
will not be permitted above ground. Any deviation from such requirements
shall be subject to City Engineer review and approval. (Engr.).
1.18. Traffic Studv. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer, for
review and obtain approval for, a Focused Traffic Study, prepared by a
Register Traffic Engineer, which evaluates the proposed development project
and mitigates its anticipated traffic impact. Said study shall be in compliance
with the Master Plan of Arterial Highways and consistent with the City's
Master Plan of Streets and Highways Standards, the Traffic Demand
Management Ordinance and the Administrative Policy 31 1 (Preparation of
and Use of Traffic Studies). (Engr.).
PC Resolution 04-04-27-2 9 April 27,2004
1.19. This project will result in new construction and development, which will
generate significant quantity of solid waste. Adequate space shall be
accommodated for on-site source separation of solid waste during both pre
and post construction activity. Additionally all building site plans shall depict
the area for recycling space allocation per SJCMC Sec. 9-3.629. Prior to the
issuance of grading permits, the applicant shall submit a written waste
management plan and show on the site plans the location of receptacle(s)
to accumulate on-site generated solid waste for recycling purposes. Prior to
issuance of a Certificate of Occupancy the applicant shall submit solid waste
generation tonnages, disposal, and recycling records.
PRIOR TO ISSUANCE OF BUILDING PERMITS:
2.1. Pavment of Fees . Prior to the issuance of Building Permits, the
applicant shall fulfill all applicable engineering fee requirements, including
but not limited to the Capistrano Circulation Fee Program (CCFP), Sewer
Capacity Fees, Agricultural Preservation Fees in accordance with the City
Municipal Codes and Policies as last revised. In addition, the applicant shall
pay the project’s fair share participation towards the following required non-
CCFP circulation mitigation’s;(Engr.):
1. Orteaa HiahwavA-5 Southbound. In accordance with the City
approved Traffic Study, the project shall pay 0.33% towards the
construction of an eastbound right-turn lane.
(The project has a direct impact on PM traffic at this location.
Compared to the scale of the proposed project and its fair share
percentage toward this improvement, construction of this
improvement will place an undue burden on this project. Based on
this, CEQA allows for payment of the project’s fair share cost of the
improvement as appropriate mitigation of the project’s impact.)
2. Ortega Hiahwav/l-5 Northbound. In accordance with the City
approved Traffic Study, the project shall pay 0.48% towards the
construction of a northbound left-turn lane.
(The project has a direct impact on PM traffic at this location.
Compared to the scale of the proposed project and its fair share
percentage to ward this improvement, construction of this
improvement will place an undue burden on this project. Based on
this, CEQA allows for payment of the project’s fair share cost of the
improvement as appropriate mitigation of the project’s impact.)
PC Resolution 04-04-27-2 10 April 27,2004
3. Orteaa Hiahwav/Del Obispo Street. In accordance with the City
approved Traffic Study, the project shall pay 0.26% towards the
construction of an eastbound throughhght-turn lane.
(The project has a direct impact on PM traffic at this location.
Compared to the scale of the proposed project and its fair share
percentage toward this improvement, construction of this
improvement will place an undue burden on this project. Based on
this, CEQA allows for payment of the project’s fair share cost of the
improvement as appropriate mitigation of the project’s impact.)
2.2. Riaht-of-wav Dedication. Prior to issuance of building permit, for
any necessitated right-of-way dedication to Caltrans, the applicant shall
prepare, for Caltrans’ approval and submit to the City Engineer copies of all
documentation for the dedication of Ortega Hwy public right-of-way along
the property frontage. (Engr.).
2.3. Public Facilitv Easement Dedication. Prior to issuance of
building permits, for any required public facility easement dedication to the
City, the applicant shall prepare and submit to the City Engineer all required
documentation for said dedication of easement. The minimum width of a
public utility easement is twenty feet, measured at ten feet in each direction
from centerline of pipe. Dedication of easement shall be at no cost to the
City. Any exception to, or deviation from this condition shall be subject to
review and approval by the City Engineer. (Engr.).
2.4. Reciprocal Access-Agreement. Prior to issuance of Building
permits, the applicant shall provide a recorded “Reciprocal Access
Easement” and Maintenance Agreement with the affected adjoining property
owner for the use of common access aisle and driveway. Any exception to,
or deviation from this condition shall be subject to review and approval by the
City Engineer. (Engr.).
2.5. Riaht-of-wav Dedication. Prior to issuance of building permit, for
any necessitated right-of-way dedication to Caltrans, the applicant shall
prepare, for Caltrans’ approval and submit to the City Engineer copies of all
documentation for the dedication of Ortega Hwy public right-of-way along
the property frontage. (Engr.).
2.6. Public Facility Easement Dedication. Prior to issuance of
building permit, for any required public facility easement dedication to the
City, the applicant shall prepare and submit to the City Engineer all required
documentation for said dedication of easement. Dedication of easement
shall be at no cost to the City. Any exception to, or deviation from this
PC Resolution 04-04-27-2 11 April 27,2004
condition shall be subject to review and approval by the City Engineer.
(Engr.).
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
3.1. ComDlete all Improvements to the City's Satisfaction. The applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements, (including the under-grounding of overhead utility lines and
the installation of bollards & chains, or approved equal, at the proposed
driveway, on private property behind the right-of-way line) necessary to serve
the development in accordance with the approved plan and approved
exceptions. (Engr.).
PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE
SECURITIES:
4.1. Provide As-Built Mvlars. Prior to acceptance of the works of
improvements and release of performance securities, the applicant shall
submit to the City Engineer for review, and shall obtain approval of, the
reproducible "as-built" mylar plans of all public improvement works completed
and accepted. Said plans shall be prepared by a Registered Civil Engineer.
Also, the applicant shall submit digital copies of all as-built plans that call out
any deviations from the City approved plans, including public street and
sewer improvements, in accordance with the latest edition of the "City of San
Juan Capistrano Digital Submission Standards". (Engr.)
FIRE AUTHORITY CONDITIONS OF APPROVAL
1. Fire Access Roads . Prior to the issuance of any building
permits, the applicant shall submit a fire access plan and obtain approval of
the Fire Chief for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure on site. The site plan shall indicate
the locations of all fire hydrants located near the property line. Please contact
the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of
the "Guidelines for Emergency Access."
2. Fire Lane Markinas. Prior to the issuance of any grading or
building permits, the applicant shall submit plans and obtain approval from
the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbs and signage, and
include a detail of the proposed signage, including the height, stroke and
colors of the lettering and its constrasting background. Prior to the issuance
of any certificate of use and occupancy, the fire lanes shall be installed in
accordance with the approved fire lane plan. The CC&R or other approved
documents shall contain a fire lane map provision prohibiting parking in the
PC Resolution 04-04-27-2 12 April 27,2004
fire lanes and a method of enforcement. Please contact the OCFA at (714)
744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access Roadways and Fire Lane Requirements."
3. Water Availability. Prior to the issuance of any building permits,
the applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
a p prova I.
4. Automatic Fire Sprinkler svstems.
A) Prior to the issuance of a building permit, the applicant
shall submit plans for any required automatic fire sprinkler
system in any structure to the Fire Chief for review and
approval. Please contact the OCFA at (714) 744-0499 to
request a copy of the "Orange County Fire Authority Notes for
New NFPA 13 Commercial Sprinkler Systems."
B) Prior to the issuance of a certificate of use and
occupancy, this system shall be operational in a manner
meeting the approval of the Fire Chief
-
PLANNING CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1.
Planning Commission Resolution.
Grading/building permit plans shall include a copy of the approved
2. Based upon the parking provided on-site at the ratio of 3.5 spaces per
1,000 s.f., the uses of the building shall be limited to the following uses
allowed by Specific Plan 92-01 (Plaza de Las Golondrinas):
General Office Uses (i.e. attorneys, accountants, tax services, architects,
consulting, psychologistlpsychiatrist, engineers, travel agencies, brokers, real
estate agencies/offices, insurance offices, property mgmt. services,
advertising agencies, graphics services, word processing, visitor center, etc.)
Financial Services (Le. banks, savings and loans, stock brokerages, financial
planners)
Any proposed change of use shall be submitted to the Planning Department
for review and approval, which shall include a determination that adequate
parking is provided to support the proposed use.
PC Resolution 04-04-27-2 13 April 27,2004
PRIOR TO ISSUANCE OF BUILDING PERMITS
3. Prior to the issuance of building permits, the applicant shall submit
Building Permit plans which illustrate the location of all proposed methods of
illumination for the project site, to include landscaping accent lighting,
exterior building mounted lights, and parking lot lighting. The plans shall
reflect wattage, light source type, and should include shields on fixtures
immediately adjacent to the residential area to the north, subject to final
review and approval by the Design Review Committee.
4. Prior to issuance of a building Dermit, the exterior finish for all
structures shall be called out as smooth troweled stucco on plans submitted
for building permit plan check, subject to final discretionary review and action
by the Design Review Committee.
5. Prior to issuance of any building permit, the applicant shall submit
a revised site plan that identifies the location and integration of all
appurtenant equipment on site (ie. transformer boxes, phonekable boxes,
risers, irrigation controllers, etc.) and method of screening to be provided
subject to review and final discretionary approval by the Design Review
Committee. Said equipment shall not be located immediately adjacent to
and shall be screened from view from Ortega Highway.
6. Prior to the issuance of any building permit, the applicant shall
submit a parking plan showing the type of material and decorative paving to
be used for delineating the parking spaces in lieu of painted stripes, for
review and approval by the Design Review Committee.
7. Prior to the issuance of any building permit, the applicant shall
submit a finish and materials schedule to the Design Review Committee for
review and approval that shows all walls and fences on the site, including the
wrought iron-style fencing. The solid retaining wall/ screen wall on the east
property line shall be constructed so as to connect with the existing pilaster
near the street frontage on APN 650-201-13, and the portion of the wall
facing said parcel shall be finished with a white, smooth-troweled stucco.
8.
submit a final landscape plan to the Design Review Committee for review
and approval, which shall include but not be limited to planting plans for the
top of slope at the rear of the building; along the eastern portion of the street
frontage and driveway transition area; and adjacent to the retaining walls.
Plans shall show all landscape and hardscape materials within open space
areas of the site. Applicant shall coordinate landscape plans with the owner
of the Ortega Animal Hospital (APN #650-201-15) where appropriate, to
ensure that plant pallettes, coverage, erosion control, and buffering from
adjacent residential uses to the north and south of both sites are adequately
addressed.
Prior to the issuance of any building permit, the applicant shall
PC Resolution 04-04-27-2 14 April 27,2004
9.Prior to issuance of any grading or building permits or
approvals, the applicant shall submit to the Planning Department for review
and approval a revised site plan showing the following additional items:
a. A wrought iron 6 (six) foot high fence to be located along the shared
property line between the subject site and the adjacent residential
parcel (APN 650-201-13), extending from the end of the solid wall
along said property line to the west boundary comer of both
properties.
The approximate location of a proposed grove of a minimum of three
(3) California Pepper trees (Schinus rnolle) to be planted on the
adjacent parcel (APN 650-201 -1 3), in order to provide additional
landscape screening of the commercial use from the adjacent
residential use. The requirement to plant these trees shall be waived
if the adjacent property owner withholds permission for their
installation. All irrigation and maintenance of these trees shall be the
responsibility of the adjacent property owner.
A note stating that the perimeter fence, wall and all associated
drainage improvements shall be located on the subject property.
A note stating that the solid wall shall be designed so that it connects
to the existing wall and pilaster on parcel 650-201 -1 3, and so that the
portion of the wall facing said parcel resembles a smooth trowel white
stucco finish.
b.
c.
d.
10. Prior to issuance of any permits for building or precise
grading, the applicant shall submit engineered drawings for the proposed
wall on the east property line to the Department of Building and Engineering
and Department of Planning for review and approval. All drainage and
foundation improvements required for the wall shall be located on the subject
property.
1 1.
wall, the applicant shall submit written documentation to the Building
Department of permission granted by the adjacent property owner to the
applicant to enter onto the Parcel 650-201 -1 3 for construction purposes.
The requirement to construct the screen wall shall be waived if the adjoining
property owner withholds permission for its installation.
Prior to issuance of permits for construction of the perimeter
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
12. Prior to the issuance of a Certificate of Occupancy, the project
shall complete installation of all landscaping and lighting in accordance with
the plans approved by the Planning Commission and subject to review and
approval by the Planning Director or their designee.
13. Prior to the issuance of a Certificate of Occupancy, all parking
spaces are to be delineated by decorative paving in lieu of painted stripes in
PC Resolution 04-04-27-2 15 April 27,2004
accordance with the parking plan approved by the Design Review Committee. -
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period if an appeal is
not timely filed. The appeal period shall expire Wednesday, May 12, 2004. This project
approval shall be valid for a period of 2 (two) years from the date of approval of this
resolution, and shall expire on April 27, 2006 unless a time extension request or
buildinglgrading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 27'h day of April, 2004, by the
following vote, to wit:
AYES: Comnissioners Neely, Cardoza, Cohen and Ratcliffe
NOES: None
ABSTAIN : None
ABSENT: None
Molly Bogt@ecr&ry
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