PC Resolution-04-10-26-01 RESOLUTION NO. 04-10-26-01
GATES OFFICE BUILDING
ARCHITECTURAL CONTROL (AC) 04-08
ZONE VARIANCE (AC) 04-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE MITIGATED NEGATIVE DECLARATION AND
CONDITIONALLY APPROVING ARCHITECTURAL CONTROL (AC) 04-08 AND ZONE
VARIANCE (AC) 04-09 FOR DEVELOPMENT OF A NEW OFFICE BUILIDNG ON
APPROXIMATELY .838 ACRE OF LAND LOCATED AT 31601 AVENIDA LOS
CERRITOS (GATES OFFICE BUILDING -APN 650-151-17)
Whereas, on June 6,2004 The Gates Family Trust submitted an application
for an Architectural Control (AC) approval to permit development of an office building on
approximately .84 acre of land located at 31601 Avenida Los Cerritos; and,
Whereas, the proposed project includes a request for a zone variance to
permit the height of a portion of the roof to exceed the maximum 35-foot height limit by
approximately 2.5 feet; and
Whereas,the proposed project has been processed pursuant to Chapter 9-2,
Article 3 of Title 9 of the San Juan Capistrano Municipal Code; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a
Mitigated Negative Declaration 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(1970); 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), has considered all project environmental documentation and technical
studies ; and,
Whereas,the Transportation Commission conducted a duly-noticed public meeting
on October 13, 2004 on the proposed project and voted to forward the project to the
Planning Commission recommending that the applicant contribute towards regional traffic
improvements; and
Whereas, the Design Review Committee (DRC) conducted duly-noticed public
meetings on July 1, 2004, August 19, 2004 and September 2, 2004 on the proposed
project and voted to forward the project to the Planning Commission for consideration of
PC Resolution 04-10-26-01 2 October 26, 2004
the site plan, building architecture, landscaping, lighting, and other design features with
revisions as recommended by the DRC; and
Whereas,the Planning Commission conducted a duly-noticed public hearing
on October 26, 2004 on the proposed project and has considered all relevant public
testimony,written comments,the Mitigated Negative Declaration,and written and oral staff
reports.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The Mitigated Negative Declaration (MND) for The Gates Office Building was
completed in compliance with CEQA and fully analyzes environmental impacts
associated with Architectural Control (AC) 04-08 and Zone Variance (ZV) 04-09.
The MND was completed on September 14, 2004, and filed and posted with the
County Clerk-Recorder on September 15, 2004, a minimum of 20 days prior to the
Planning Commission consideration and action on the proposed project. The MND
contains mitigation measures to eliminate and/or substantially lessen all significant
effects on the environment and have been included in the Conditions that are
attached to this resolution.
2. The project pians, as conditioned, will comply with all applicable sections of Title 9
of the San Juan Capistrano Municipal Code, including zoning, parking, lighting,
setbacks, and noise, because the office use is permitted by the Office Commercial
(OC) zone district.
3. The architectural and general design of the project, as conditioned, is generally
consistent with the goals, policies and objectives of the Community Design Element
and all other applicable provisions of the General Plan, because the office use is
consistent with the Land Use designation of Office Research Park;the architectural
design components of the project, as conditioned, are hereby expressly
incorporated by reference as if set out in full; the project will contribute towards off-
site traffic mitigation in conformance with the Circulation Element; conditions of
approval require construction techniques to provide for public safety; noise has
been addressed through project design and conditions of approval; and the project
incorporates design features consistent with the Cultural Resources Element by
depicting historical and cultural features.
4. The site plan, as conditioned, is compatible with surrounding existing and proposed
land uses because the use is consistent with existing and proposed uses to the
east, the proposed commercial to the south, and landscaping, walls and setbacks
have been required to buffer the project from the residential properties to the north,
and the 1-5 Freeway exists to the west.
PC Resolution 04-10-26-01 3 October 26, 2004
5. As conditioned, the general design considerations, including the character, scale
and quality of the design,will be generally consistent with applicable citywide design
guidelines because the proposed office building has been reviewed by the Design
Review Committee and approved by the Planning Commission in order to ensure
their conformance with City design guidelines.
6. The site plan is functional and safe in regards to existing or mitigated on- and off-
site conditions as they relate to adequacy of vehicular bicycle and pedestrian
circulation, because the project includes and walkways and sidewalks that will link
the proposed uses with surrounding areas and a traffic analysis has been
completed to insure that off-site traffic mitigations have been required to ensure that
the morning peak vehicle trips will not have an adverse impact on the City's street
system. In addition, a Traffic Demand Management Program (TDM) has been
completed for the project to insure that facilities and programs are in place to
reduce traffic to the degree feasible.
7. 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 structures, because the preliminary landscape plan
indicates landscaped setbacks, seating areas and courtyards on the site,as well as
adjacent to proposed buildings, and the final landscape and lighting plans will be
subject to further review and approval by the Design Review Committee.
8. The applicant's request for a zone variance is approved based on the following
findings:
a. There are special circumstances applicable to the property, including size,
shape,topography, location,or surroundings such that the strict application
of this code would deprive such property of privileges enjoyed by other
properties in the vicinity and under identical zoning classification in that the
project site slopes from east to west. In order to keep grading to a
minimum, the applicant proposes to construct the building down the slope
and provide tuck-under parking under the west side of the building, which
will place a small portion of the west roof structure approximately one foot
over the 35-foot height limit;
b. The granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and
zone district in which such property is situated in that other properties in the
vicinity have been granted height modifications, including the South Coast
Community Church and the proposed Ortega Ranch Business Park, both
located within the same neighborhood as the proposed project;
c. The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code in that Section 9-2.319
provides for minor adjustments to development standards of up to 10%,and
PC Resolution 04-10-26-01 4 October 26, 2004
the proposed height modification is at or less than 10%; and
d. The variance will not result in development which is inconsistent with the
goals, policies and objective of the General Plan in that the proposed height
modification is in keeping with the overall building design and scale, does
not block or diminish views from surrounding properties, and results in a
superior design for the building in that it provides an increase in roof mass
that is more proportional to the design of the remainder of the building.
NOW, THEREFORE, BE IT FURTHER RESOLVED,that the Planning Commission of the
City of San Juan Capistrano hereby approves Architectural Control 04-08 and Zone
Variance ZV 04-09, based upon the findings set forth herein and subject to the Conditions
of Approval contained in Exhibit 1 of this resolution, and adopts the Mitigation Monitoring
Program for this project contained in Exhibit 2 of this resolution, of which both attachments
are hereby expressly incorporated by reference as if set out in full herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective
following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire at 5:00 pm, 10"'day of November, 2004. This
project approval shall be valid for a period of two(2)years from the date of approval of this
resolution, and shall expire on October 26, 2004, unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 26th day of October, 2004, by the following
vote, to wit:
AYES: Commissioners Cardoza, Cohen, and Ratcliffe
NOES: Chairman Neely
ABSTAIN: None
ABSENT: Commissioner Drey
(74uj��-
Tim Neely, C irm
Molly Bog , Pla ing Director, Secretary
October 26, 2004
EXHIBIT 1
TO PLANNING COMMISSION RESOLUTION NO. 04-10-26-1
CONDITIONS OF APPROVAL FOR
ARCHITECTURAL CONTROL (AC) 04-08 AND
ZONE VARIANCE (ZV) 04-09
GATES OFFICE BUILDING
General Conditions:
1. Development of the project site shall be substantially in conformance with the
plans as approved by the Planning Commission on October 26, 2004. Minor
modifications that are determined by Planning Director to be substantially in
compliance with the original plans and that do not intensify or change the use
or require any deviations from adopted standards, may be approved by the
Planning Director.
i
2. The use of the site shall be for general office use only. Use for medical office
and/or other use requiring a more intensive parking standard than the 3.5
spaces per 1000 gfa general office parking standard are prohibited, unless
the property owner can demonstrate that additional parking can be provided
on site or on an adjacent site in a manner that meets Title 9 parking
requirements.
3. This project approval shall become effective following expiration of the fifteen
(15) day appeal period without filing of an appeal application. The appeal
period shall expire at 5:00 pm, 10t day of November, 2004. This project
approval shall be valid for a period of two (2) years from the date of approval
of this resolution, and shall expire on October 26, 2006, unless a time
extension request or building/grading permit application related to this
discretionary approval is submitted to the City prior to that date. (PLN)
4. Approval of this application does not relieve the applicant from complying
with other applicable federal, state, County of Orange or City regulations or
requirements. (PLN)
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5. The applicant, its agents, and assignees shall defend, indemnify, and hold
harmless the City of San Juan Capistrano, its elected and appointed officials
and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, or void or annul any land use approval
associated with this project, including but not limited to environmental impact
report requirements under Municipal Code Title 9 land use approvals. Upon
notice provided by the City to the applicant, its agents, or assignees, of
service of process of such claims or actions, the project proponent, it agents,
and assignees, shall immediately act to provide an appropriate defense to
such claims or actions. (PLN)
1
AC 04-08: Gates Office Bu )g Conditions of Approval
Page 2 of 13 Date of Approval.,10126104
Effective Date: 11/10/04
6. The applicant or his/her successors in ownership, shall be responsible for
informing all subcontractors, consultants, engineers, other business entities
providing services related to the project, or any subsequent owner should the
project be sold, of their responsibilities to comply with these conditions and
all pertinent requirements in the San Juan Capistrano Municipal Code,
including, but not limited to, the requirements for all contractors to obtain a
City business license, and for approval by the Planning Department of a
Temporary Use Permit for construction trailers and staging areas. (PLN)
7. The applicant shall pay all fees at the time fees are determined payable,
including any required supplemental plan check fees due to plan revisions,
and comply with all requirements of the applicable federal, state, County of
Orange, City and other local agencies. (PLN)
8. If there are any disparities between these conditions and the plans or final
revised plans that are approved for any phase, the conditions as stipulated in
the later approval shall prevail. j
9. The applicant or his/her successors in ownership, shall be responsible for the
on-going maintenance and upkeep of the developed and undeveloped
portions of the site, in accordance with the City Municipal Code. (PLN)
Planning Conditions:
10. Final Landscaping/Lighting Plans. Prior to issuance of any building permit,
the applicant shall submit final landscaping and lighting plans for review and
approval by the Design Review Committee. All plans shall be consistent with
the preliminary landscaping plan and site plan, and consistent with one
another and with the City's Design Guidelines. The landscaping plans shall
provide for less more curvilinear planter areas along the front of the building,
and shall provide details of fencing along the north and south property lines,
and all outdoor seating, tables, bicycle racks and other hardscape fixtures.
The lighting plans shall provide details for the lighting fixtures, method of
attachment and light intensities for the tuck-under parking areas. Ten (10)
copies of each plan are required, except as otherwise authorized by the
Planning Director. (PLN)
11. Grading Coordination. Prior to issuance of a grading permit, the applicant
shall submit in coordination with the adjacent service station project to the
south, a plan for review by the Design Review Committee showing the detail
for grading along the south property line, including preliminary landscaping
and fencing details. If an agreement cannot be reached with the adjacent
property owner to the south, the applicant shall prepare and submit plans
showing grading and retaining walls along the south property boundary, for
review and approval by the Design Review Committee. (PLN/ENG)
AC 04-08: Gates Office Bu. g Conditions of Approval
Page 3 of 13 Date of Approval.10/26/04
Effective Date: 11/10/04
12.* Historic Depiction Program. Prior to issuance of any building permits, an
historic depiction program shall be submitted to the Historic Preservation
Manager for review and final approval by the Cultural Heritage Commission.
Prior to issuance of any Certificate of Occupancy, the HDP must be installed
and inspected by the Building Department for compliance with the approved
design. (PLN/ENG)
13. Site Plan Revisions. The site plan shall be revised to eliminate the monument
sign. All signage shall comply with the Land Use Code. If the applicant
proposes to establish a sign program for the project, the sign program shall
be developed and processed separately from this application.
Engineering Conditions:
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14. Pay Fees and Securities. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall fulfill all applicable fee requirements
in accordance with the City Municipal Code and shall post securities for all
on-site, off-site and frontage improvements to insure satisfaction of
performance. Security may be reduced upon partial completion of public
improvements to the satisfaction of City Engineer. (ENG)
15. * Storm Runoff, Hydraulic/Hydrology Calculations. Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall 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
street, facility or natural swale. Said study shall be consistent with the City's
Master Drainage Plan in accordance with all applicable City regulations,
OCPF&RD design criteria, and standards. Any exception to, or deviation
from this condition shall be subject to review and approval by the City
Engineer. (ENG)
t
16. * Soils/Geology Report. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer and
Building Official for their review and obtain approval for a Soils
Report/Geotechnical Feasibility Study, prepared by a registered geologist
and/or Soils Engineer, to determine the seismic safety and soils stability of all
proposed grading and development improvements within the project as well
as any affected adjacent property. The Report shall also indicate preliminary
pavement sections and substructure bedding/backfill recommendations for
the driveway and parking lot areas. (ENG)
17. Grading Plans. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer and Building Official
AC 04-08: Gates Office Bu ig Conditions of Approval
Page 4 of 13 Date of Approval.10/26/04
Effective Date: 11/10/04
for their review and obtain approval for grading plans prepared by a
registered civil engineer. These plans shall show the limits of grading,
existing overhead utility poles to be removed and undergrounded at
applicant's cost, drainage, sewer, water and driveways. 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. Unless determined otherwise by the City Engineer, runoff
must be filtered with Best Management Practices (BMP's) methods then
conveyed to the street or to a City approved drainage facility. (ENG) j
18. Erosion and Sediment Control. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for l
review and shall obtain approval for Erosion and Sediment Control Plans,
prepared by a registered civil engineer. These plans shall show all temporary
and/or permanent erosion and sediment control measures in accordance
with the National Pollutant Discharge Elimination System NPDES Permit.
(ENG)
19. Water Quality Best Management Practices. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall demonstrate to the j
satisfaction of the City Engineer and Building Official that all water quality
best management practices incorporated into the development of this project
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 the San Diego Regional Water Quality Control
Board Order No. R9-2002-0001 and the City's water quality ordinance and
Local Implementation Plan. (ENG)
20. Frontage and Off-site Improvement Plans. Prior to issuance of applicable
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right-of-way improvement permits, the applicant shall submit to the City
Engineer, for review and shall obtain approval for, Street Frontage
Improvement Plans along Avenida Los Cerritos, prepared by a Registered
Civil Engineer. These plans shall show all existing and proposed
improvements including, but not limited to sidewalk, curb and gutter and
driveway approach. (ENG)
21. Sewer, Water and Trash Enclosures. Prior to approval of on-site utility plans,
the applicant shall obtain approval of said plans by the City Engineer, and
shall obtain approval for a site plan prepared by a registered civil engineer
showing the sewer and water service lines and their corresponding points of
connection with the City public main lines. The site plan shall include the
trash enclosure(s) that shall be covered with solid roof, its floor surface shall
be connected to the sewer system through an inlet in the center with a traffic
rated grate, a concrete apron shall be constructed in front of the trash
enclosure. The site plan shall be specific to the project, which reflects
consistency with the City's Sewer and Water standards. Any exception to, or
AC 04-08: Gates Office Ba: ig Conditions of Approval
Page 5 of 13 Date of Approval:10126104
Effective Date: 11/10/04
deviation from this condition shall be subject to review and approval by the
City Engineer. (ENG)
22. * Water Quality Requirements and Compliance. Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for a Water Quality
Management Plan (WQMP). The applicant shall obtain and follow the City of
San Juan Capistrano's WQMP outline and instructions. The applicant shall
also comply with all the requirements of the latest NPDES Permit, the City's
Water Quality Ordinance and the Clean Water Act. (ENG)
23. Construction Mitigation Program. Prior to issuance of grading and right-of-
way improvement permits, the developer shall prepare and adhere to a
construction mitigation program, approved by the Planning Director and
Engineering and Building Director, containing the following controls and shall
post a $2,000 cash deposit with the City Engineering Department for
roadway cleaning purposes. Said deposit shall remain with the City for the
entire duration of the project's construction phase:
A.) Grading:
1. Haul route for the movement of on and off-site of heavy earth-
moving equipment;
2. Location of assembly and storage/service areas of heavy earth-
moving equipment and limits of hours of operation;
3. Worker controlled access to site, including hours of work, limits
on noise sources, and dust and soil import/export;
4. Compliance with environmental mitigation measures;
5. Construction Waste and Materials Management
B.) Enforcement:
1. The Planning Director and Engineering and Building Director
may modify the construction mitigation program standards if on-
site observations indicate that construction activities are
creating a nuisance to adjacent property developments;
2. The developer shall designate a project enforcement person
approved by the Engineering and Building Director to ensure
compliance with the Construction Mitigation Program;
3. If it is determined that the developer is in violation of the
approved construction mitigation program, the Planning
Director and/or the Engineering and Building Director are
authorized to shut down the project by reason of said violation.
(BLDG/ENG/PLN)
24. Haul Route Plan. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for, a Haul Route
Plan for importation/exportation of soil in and out of the project site that is
AC 04-08: Gates Office Bu. rg Conditions of Approval
Page 6 of 13 Date of Approval:10126104
Effective Date: 11/10/04
specific to the project and in compliance with all applicable City standards.
(ENG)
25. Haul Route Permit. For importation/exportation of soil in and out of the
project site, prior to issuance of grading and right-of-way improvement
permits, 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. (ENG)
26. Dry Utilities. Prior to issuance of any right-of-way improvement permits, the
applicant shall submit to the City Engineer, for review and obtain approval for
improvement plans for any above-ground electrical, gas, telephone and cable
television and appurtenant pedestals to ensure compatibility with existing and
proposed improvements. Any exception to, or deviation from this condition
shall be subject to review and approval by the City Engineer. (ENG)
27. * Traffic Circulation Impact Fees and Improvements.
A. Capistrano Circulation Fee Program (CCFP)
The applicant shall pay a CUP fee or construct CUP street
improvements based on the current fee schedule in effect at the time
of issuance of a building permit.
Prior to the applicant commencing construction of any traffic
improvements specified herein, the applicant and City will enter into a
reimbursement agreement to provide for CUP reimbursement
payments and fair share reimbursement payments to the applicant,
which reimbursement payments shall be payable in equal annual
installments over a fifteen (15) year period. Reimbursement shall be
based upon the City's review of documentation of costs for these
improvements. 1
If construction of any traffic improvement specified herein is completed
by other than the applicant, prior to applicant's conditioned timeframe,
the applicant shall then pay the required applicable CUP fees based
on the current fee schedule in effect at the time of issuance of a
building permit.
B. Fair-Share Financial Contributions by Applicant.
The applicant's fair-share financial contribution for each required
circulation improvement not listed in the City's CUP program, shall
be based on the project's proportionate traffic generation at each
improvement location per the traffic study as listed in the table below.
*Mitigation measure from Mitigated Negative Declaration
AC 04-08: Gates Office Bug Conditions of Approval
Page 7 of 13 Date of Approval.10/26/04
Effective Date: 11/10/04
If the applicant constructs a required improvement, the cost of the
improvement in excess of the "fair share" payment for said
improvement shall be reimbursed to the applicant by other
development upon completion and acceptance of said improvement,
as set forth in a reimbursement agreement as described in Paragraph
A of this condition, above. (ENG)
IMPROVEMENT Obligation %
Junipero Serra Road and Rancho Viejo Road
*An eastbound right turn on Junipero Serra Road and a ; 7.6%
northbound left turn lane on Rancho Viejo Road
---------------------------------------- -----------------
Ortega HWY at the northbound 1-5 Off-ramp
*A northbound left turn lane 4.3%
- - - - - - - - -L- - - ---- -- - --- ---
Rancho Viejo Road and Ave. Los Cerritos
* A traffic signal 13.0%
* (The estimated cost of improvement shall be submitted
by the applicant's Civil Engineer, subject to review and
approval by the City Engineer.)
28. Bike Racks. Prior to approval of final inspection, the applicant shall install
bicycle-parking facilities to accommodate community resident cyclists using
the facilities. The location and design of the bike racks shall be consistent
with the landscaping plans (Condition No. 10). (ENG/PLN)
29. Installation of Landscaping. Prior to approval of final inspection, the applicant
shall install all landscaping and irrigation. The applicant shall provide a
certification, from a licensed Landscape Architect, stating that the landscape
materials and irrigation system (tested for full coverage) have been planted
and installed in compliance with the approved landscape plans (PLN)
30. Complete All Improvements to the City's Satisfaction. Prior to issuance of
Certificate of Occupancy, the applicant shall complete, to the satisfaction of
the City Engineer, all facility improvements, necessary to serve the
development in accordance with the approved plan and approved
exceptions. (ENG)
31. Provide As-Built Mylars/Digital Format. Prior to issuance of certificate of
occupancy or final inspection, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Plans of all
public improvement works completed and accepted. Said plan shall be
prepared by a registered civil engineer. Additionally, the applicant 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.
(ENG)
*Mitigation measure from Mitigated Negative Declaration
AC 04-08: Gates Office Bu g Conditions of Approval
Page 8 of 13 Date of Approval:10126104
Effective Date: 11/10/04
Fire Authority Conditions:
32. Fire Access Roads. Prior to the issuance of any building permits, the
applicant shall submit a Fire Master Plan and obtain approval of the Orange
County Fire Authority for all fire protection access roads to within 150 feet of
all portions of the exterior of every structure on site. 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. The plans shall also indicate the location(s) of all fire
hydrants proposed for the project. Please contact the OCFA at (714) 573-
6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access." (OCFA)
33. 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 approval. (OCFA)
34. Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit,
the applicant shall submit plans for the required automatic fire sprinkler
system in all structures to the Fire Chief for review and approval. 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. Please
contact the OCFA at (714) 573-6100 to request a copy of the "Orange
County Fire Authority Notes for New NFPA 13 Commercial Sprinkler
Systems." (OCFA)
35. Hazardous Materials. Prior to the issuance of a building permit, the applicant
shall submit to the Fire Chief a list of all hazardous, flammable and
combustible liquids, solids or gases to be stored, used or handled on site.
These materials shall be classified according to the Uniform Fire Code and a
document submitted to the Fire Chief with a summary sheet listing the totals
for storage and use for each hazard class. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guideline for
Completing Chemical Classification Packets." (OCFA)
36. Architectural Building Plans. Prior to the issuance of a building permit, the
applicant shall submit architectural plans for the review and approval of the
Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
37. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
* Mitigation measure from Mitigated Negative Declaration
AC 04-08: Gates Office Bo. ig Conditions of Approval
Page 9 of 13 Date of Approval.10/26/04
Effective Date: 11/10/04
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior to the issuance of a
certificate of use and occupancy. (OCFA)
Public Works Conditions:
38. Water Improvement Agreement. Prior to the issuance of permits for any
water improvements, the applicant shall execute a Water Improvement
Agreement with the City, shall pay all applicable domestic and non-domestic
Water Development Charges in accordance with the Water Division
Schedule of Rates and Charges, as last revised, and shall post the required
securities to insure satisfactory performance of proposed public water
improvements in compliance with City water standard specifications. (PW)
39. Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire Authority (OCFA) the required fire flow demands and fire protection
requirements to serve the subject project and shall provide evidence of
satisfactory fire flow. (PW) 1
40. Dedication of Water Facilities. Prior to final inspection of water improvements
and use of the site, the applicant shall dedicate, at no cost to the City, all
public water facilities and any required easements to the City for related
project improvements. (PW)
41. Sewer and Water Plans. Prior to the issuance of right-of-way improvements
permits, the applicant shall submit to the City Engineer and the Public Works
Director for review, and shall obtain approval for, sewer and water plans
prepared by a registered civil engineer. These plans shall be specific to the
project and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, and City water
standard specifications. (ENG/PW)
42. Water System Improvements. Prior to the issuance of building permits, the j
applicant shall complete the construction of all domestic water system, non-
domestic (recycled) water system improvements, and irrigation facilities
required to serve the subject project in compliance with City municipal codes,
standards, specifications, the Rules and Regulations for Users of Non-
domestic Water and the City's water standard specifications. (PW)
43. Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant
shall submit to the City Engineer and the Public Works Director for review
and obtain approval for reproducible "Record Drawing" mylar plans that call
out any deviations from the signed plans of all the domestic water system,
non-domestic (recycled) water system, and the landscape irrigation system,
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AC 04-08: Gates Office Bu, ig Conditions of Approval
Page 10 of 13 Date of Approval.10/26/04
Effective Date: 11/10/04
sewer, storm drain, and street improvements. These "Record Drawings" are
also required by the City in digital format, in accordance with the "City of San
Juan Capistrano Digital Submission Standards". (ENG/PW)
Additional Conditions per Mitigation Measures in the Mitigated Negative
Declaration:
44. * Groundwater Wells. The project shall not a permitted to install or maintain_
any groundwater well on the site or off-site to provide either potable or non-
potable water service to the project site. (PW)
45. * Acoustic Analysis. Prior to issuance of a building permit, the applicant shall
prepare and submit an acoustic analysis of potential traffic noise impact for
review and approval by the Planning Director. The acoustic analysis shall
recommend appropriate noise mitigation measures that reduce potential
noise impact to a level consistent with the City's General Plan Noise Element
and Title 9, Land Use Code, Noise Standards. Noise mitigation may include
earthen berms, acoustic barriers, wall insulation, dual-pane glass and fixed
glazing, door gaskets, or similar methods. Acoustic barriers will only be
considered by the City if they are in compliance with the City's Architectural
Design Guidelines. Recommendations from the acoustic analysis shall be
incorporated into the building design and construction. (PLN)
46.* Paint Emissions. During construction phase of the project,—the construction
contractor shall use only exterior and interior paints with zero volatile organic
compounds (VOC) to minimize the emissions of ROG. The SCAQMD
maintains a website with manufacturer/supplier information for zero-VOC
paints. Access to this information is available electronically at:
[http://www.agmd.gov/business/brochures/zerovoc.html]. (PLN)
47.* Construction Vehicle Fuels. During grading and construction phase of the
project, the contractor shall use oxidation catalysts and low sulfur content
diesel fuel to reduce emissions of NO2 to levels that are below the
SCAQMD's construction emission threshold of 100 pounds per day. (PLN)
48. Archeological Monitor. During pre-construction meetings and during
construction activities, a qualified archaeologist (defined as an archaeologist
on the List of Certified Archaeologists for Orange Count shall be retained
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(at the project applicant's expense) by the City of San Juan Capistrano and
shall be present at pre-construction meetings to advise construction
contractors about the sensitive nature of cultural resources located on and/or
in the vicinity of the project site, as well as monitoring requirements. A
qualified monitor (defined as an individual with a bachelors degree in
anthropology with archaeological monitoring experience), supervised by the
qualified archaeologist, shall observe on- and off-site construction activities
that result in grading, and/or excavating on or below the original ground
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surface (including during project-related off-site utility [natural gas, electricity,
sewer, water, drainage, communications, etc] and roadway improvements).
Should nonhuman cultural resources be discovered, the monitor shall have
the power to temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if significant,
until recovered by the archaeologist. In the event that human remains are
discovered, construction activities shall be halted or diverted until the
provisions of §7050.5 of the Health and Safety Code and §5097.98 of the
Public Resources Code have been implemented. In-lieu of this requirement,
the applicant may provide evidence from the California Historical Resources
Information System (CHRIS) that no archeological resources exist on site.
(PLN/AM)
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49. Paleontological Monitor. Prior to issuance of a grading permit, a qualified
paleontologist (defined as a paleontologist on the List of Certified
Paleontologists for Orange County) shall be retained (at the project
applicant's expense) by the City of San Juan Capistrano and shall be present
at pre-construction meetings to advise construction contractors about the
potential occurrence of paleontological resources located on and/or in the
vicinity of the project site, as well as monitoring requirements. A qualified
monitor (defined as an individual with a bachelors degree in paleontology
and monitoring experience), supervised by the qualified paleontologist, shall
be on-site during construction activities that result in the grading and/or
excavating of current surface material (including during project-related off-
site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements) to monitor for
paleontological resources. Should paleontological resources be discovered,
the monitor shall have the authority to temporarily halt or divert construction
activities until the qualified paleontologist can determine if the resources are
significant. Significant paleontological resources shall be recovered by the
qualified paleontologist. In-lieu of this requirement, the applicant may
provide evidence from the California Historical Resources Information
System (CHRIS) that no paleontological resources exist on site. (PLN/PM)
50.* Seismic Design. Prior to the issuance of a building permit, the City of San
Juan Capistrano shall require that all development be designed in
accordance with seismic design provisions outlined in the Preliminary
Geotechnical Investigation (Peter and Associates, June 9, 2004), specified in
the most current Uniform Building Codes adopted by the City of San Juan
Capistrano, and applicable provisions of Title 9, Chapter 10 of the Soil
Subsidence Remediation Program. (ENG)
51.* Chemical Usage Plan. Prior to issuance of any occupancy permits, the
project applicant shall prepare a chemical usage plan in coordination with the
OCFA Hazardous Materials Services Section. All plans shall be submitted to
the OCFA Planning and Development section for review to ensure proper
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chemical storage, ventilation, and access prior to issuance of any occupancy
permits. These plans shall be consistent with applicable OCFA Hazardous
Material Disclosure and Business Emergency Plan Programs. (PLN)
52.* Hydraulic Analysis. Prior to issuance of a building permit, the project
applicant shall submit a hydraulic analysis to the City of San Juan Capistrano
Public Works Department that would demonstrate that the proposed on-site
water facilities are adequate to provide the project's water demands for
domestic use and fire protection. The on-site water system shall be a private
water system, which will connect to a City maintained water main. These
connections shall be subject to the submission and review of civil
improvement plans and the hydraulic analysis. If the on-site water system
cannot be designed to meet the required fire flow demand as determined by
OCFA, the applicant shall be responsible to design, permit, construct, and
pay for modifications. (PW)
53.* Water Service Connection. Prior to issuance of a building permit, the project
applicant shall construct a separate water service connection that is
adequate to provide the necessary water demand for irrigation and
landscaping. This water service connection shall be to a City maintained
water main. These connections shall be subject to the submission, review,
and approval of civil improvement plans and the irrigation/landscape plans.
The irrigation facilities shall be designed in accordance with the City of San
Juan Capistrano's Water Standards and Specifications, Rules and
Regulations for Users of Non-Domestic Water, and the Municipal Code § 9-
3.617 (Water Conservation Landscape). The design shall include
improvements that are identified for use of non-domestic water (recycled
water) and shall be connected to non-domestic water facilities when they
become available. (PW)
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54.* Dedication of Water Rights. The applicant will not develop any wells or other j
means of using the water rights associated with this property, nor shall it
allow any other party to conduct Well Development. (PW)
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55.* Solid Waste Reduction/Recycling Management Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City j
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall
include, but not be limited to: 1) distribution of separate receptacles for
recyclables and trash throughout the project site; 2) separate dumpsters for
recyclables and trash; 3) signs posted near all receptacles conveying
informing regarding recyclable materials; 4) sorting of trash collected
throughout the project site by facilities staff prior to dispensing in dumpsters; j
and, .5) restrictions on product type that will be offered at concessions or
vending throughout the project site. (PLN/ENG)
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Effective Date: 11/10/04
*Denotes Mitigation Measure contained in the Mitigated Negative Declaration.
Responsible Agencies: ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
PD = Police Services Department
AM = Archeological Monitor
PM = Paleontological Monitor
MLD = Most Likely Descendent
PC = Planning Commission
DRC = Design Review Committee
CHC = Cultural Heritage Commission
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Date of Approval: October 26, 2004
Resolution No.: Planning Commission Resolution No. 04-10-26-1
Effective Date: November 10, 2004
Applicant Ac 7ep%tnce: Date:
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* Mitigation measure from Mitigated Negative Declaration