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PC Resolution-04-11-09-01. RESOLUTION NO. 04-1 1-09-1 ORTEGA RANCH BUSINESS PARK ARCHITECTURAL CONTROL (AC) 04-02 AND CONDITIONAL USE PERMIT (CUP) 04-1 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING ARCHITECTURAL CONTROL (AC) 04-02 AND CONDITIONAL USE PERMIT (CUP) 04-10 FOR CONSTRUCTION OF AN OFFICE PARK ON APPROXIMATELY 18 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (ORTEGA RANCH BUSINESS PARK - APN 650-1 42-04,650-151-1 I AND 22) Whereas, on January 19,2003 Ortega Ranch, LLC submitted an application for an Architectural Control (AC) approval to permit development of 159,138 square feet of office and supportive retail uses in twelve buildings on approximately 18 acres of land located at the northwest corner of Ortega Highway and Rancho Viejo Road; and, Whereas, the proposed project includes a request for a Conditional Use Permit to allow shared parking with an adjacent church located at 31451 Avenida Los Cerritos (APN 650-1 51 -1 2); 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 (1 970); and all mitigation measures have been included herein; and, Whereas, the Transportation Commission conducted a worksession on August 25,2004 and 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 Cultural Heritage Commission conducted a duly-noticed public meeting on July 27, 2004 on the proposed project and voted to approve the applicant’s Historic Depiction Program; and Whereas, the Design Review Committee (DRC) conducted duly-noticed public meetings on October 16, 2003, February 19, 2004 and March 25, 2004 on the proposed project and voted to forward the project to the Planning Commission for consideration of the site plan design, and further recommended that detailed design plans .d PC Resolution AC-Ortega Ranch - 04-1 1-09-1 2 November 9,2004 L for building architecture, landscaping, lighting, and other design features be submitted to the DRC for review prior to final approval; and Whereas, the Planning Commission conducted a duly-noticed public workshop on September 14,2004 and public hearings on October 26,2004 and November 9,2004 on the proposed project and has considered all relevant public testimony, written comments, the EIR, 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 with respect to the Architectural Control application: 1. The project plans comply with all provisions of Title 9 of the San Juan Capistrano Municipal Code and the provisions of the “PC” Planned Community and the “OC” Office Commercial Districts, as well as the General Plan designation of Office Research Park subject to the conditions of approval contained in the associated approval for Architectural Control (AC) 04-02; and L 2. The architectural and general design of the project is generally consistent with the goals, policies and objectives of the Community Design Element and applicable provisions of the General Plan because the proposed project complies with the “PC” Planned Community District development standards established to assure Title 9, Land Use Code consistency and General Plan consistency; and 3. The site plan is compatible with surrounding existing and proposed land uses because existing residential and public institutional land uses to the west, and the Mission Cemetery to the south and west, are buffered by physical separation and landscaping, and are designated ofice commercial uses by both the Land Use Code and the General Plan; and 4. 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 5. The site plan is functional and safe in regards to existing or mitigated off-site and on-site conditions as they relate to adequacy of vehicular and pedestrian circulation because off-site road improvements are required to be constructed by the project, access has been designed from Rancho Viejo Road consistent with City standards, the parking design and pedestrian circulation have been designed to minimize potential conflicts, and the project has been conditioned to install street improvements or otherwise participate in the City’s circulation improvements program; and PC Resolution AC-Ortega Ranch - 04-1 1-09-1 3 November 9,2004 6. The general landscape design, including the location, type, size, color, texture and coverage of plant materials provide visual relief to complement buildings and structures consistent with the City ordinances and guidelines; and 7. The project has been developed in a manner to be consistent with the historical and cultural goals and policies of the City because the applicant has prepared a historic depiction program in conjunction with the adjacent Mission Cemetery to enhance the Cemetery and otherwise recognize the unique historic and cultural resources of the City. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission hereby finds as follows with respect to the Conditional Use Permit to allow shared parking with an existing church on an adjacent parcel: The project includes a Joint Parking Agreement with the adjacent Church that is consistent with Title 9 of the Land Use Code because it meets provisions within the Code that permit shared or joint parking when adjoining uses have significantly different peak use periods. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby adopts the Mitigated Negative Declaration and approves Architectural Control (AC) 04-02 and Conditional Use Permit (CUP) 04-10, based upon the findings set forth herein and subject to the Conditions of Approval contained in Exhibit I of this resolution. v PASSED, APPROVED AND ADOPTED this 9th day of November, 2004, by the following vote, to wit: AYES: Commissioners Cardoza, Cohen, Drey, Ratcliffe and Chairman Neely. NOES: None ABSTAIN: None Molly Bah, Phning Director, Secretary c EXHIBIT 1 November 9,2004 CONDITIONS OF APPROVAL FOR TO PLANNING COMMISSION RESOLUTION NO. 04-1 1-09-1 ARCHITECTURAL CONTROL (AC) 04-02 AND CONDITIONAL USE PERMIT (CUP) 04-1 0 ORTEGA RANCH BUSINESS PARK 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. 2. The use of the site shall be for general office use, medical office and support retail only, as further set forth in Comprehensive Development Plan (CDP) No. 04-01. Medical office uses shall not exceed a total of 15,000 square feet gross floor area (gfa), and support retail shall not exceed 13,942 sq. ft. gfa. No single business within the support retail category, allowed only in Buildings A7 and BI, shall exceed a total gfa of 4,000 sq. ft, with the exception that retail businesses that exceed 4,000 sq. ft. may be approved by the Planning Commission subject to approval of a conditional use permit. 3. This ACiCUP approval shall be subject to a fifteen (15) day appeal period. The appeal period shall expire at 500 pm, 24* day of November, 2004. This ACICUP approval shall be valid for a period of two (2) years from the date of approval of this resolution, and shall expire on November 9, 2006, unless a time extension request or buildingigrading permit application related to this discretionary approval is submitted to the City prior to that date. The effective date for the project approval shall coincide with the effective date of the zone change (RZ 04-06) and the associated Comprehensive Development Plan (CDP 04-01). CDP 04-01 shall remain in full force and effect throughout the duration of the use. 4. Approval of this application does not relieve the applicant from complying with other applicable federal, state, County of Orange or City regulations or req u ire men ts . 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 , AC 04-02: Ortega Ranch Page 2 of I9 Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 L V’ 6. 7. 8. 9. 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. The applicant or hidher 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. 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. 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. The applicant or hidher 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. Planning Conditions: IO. Final Landscaping. Prior to issuance of any building permit, the applicant shall submit final landscaping 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 include details and specifications of all outdoor seating, tables and other hardscape fixtures. In addition, the final landscaping plans shall show all landscaping and improvements within the “Quiet Area” located at the southwest corner of the site adjacent to the old Mission Cemetery, and benches within or adjacent to the Horno Creek open space area. Ten (IO) copies of the plans are required, except as otherwise authorized by the Planning Director. (PLN) 11. Shared Parkinq. As an on-going requirement of this project, the shared parking with the adjacent Church property shall be in compliance with the Joint Parking Agreement as approved by the City. The park and ride operation at the Church shall be discontinued in accordance with the , AC 04-02: Ortega Ranch Page 3 of 19 Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 provisions within the Agreement, and if the Church parking should become unavailable or otherwise be reduced as a result of any new or changed uses on the Church property, the permitted uses for the subject property shall be changed (e.g., medical and/or retail reduced or eliminated) in order to reduce the parking requirement, and/or alternate parking provided. Any additional use or change in use shall require discretionary review by the City both of this AC as well as the Joint Parking Agreement. (PLN) - 12. Siqn Program. Prior to issuance of any sign permit, the Sign Program for the project shall be revised to restrict Signs “J” and “L” to a maximum of 24 square feet in area, and to restrict Sign “K” to a maximum of 60 square feet in area. (PLN) 13. Site Plan Revisions. The site plan shall be revised as follows: a.) The three parking spaces in the vicinity of Building A6 and the project entry driveway shall be eliminated and/or relocated to another location away from the driveway entry, and disabled parking shall be provided in accordance with Title 24 and City Code requirements; v b.) Sidewalks along the Rancho Viejo Road shall be eliminated with the exception that there shall be sidewalk connections from the parking lots behind Buildings A7 and B1 to the Avenida Los Cerritos corner, and there shall be sidewalk connections that are required to entrances that are located on the east sides of Buildings A6, A7, 81 and 87; c.) Along Rancho Viejo Road, the driveway between Buildings A6 and A7 shall be eliminated and replaced with additional parking and landscaping; d.) The proposed sewer main located in the southern portion of the site shall be extended to stub-out at Avenida Los Cerritos in order to allow future project connection. Proposed pubic sewer main lines shall be placed within 20-foot wide easements and dedicated to the City for public utility and emergency access purposes; e.) The decorative paving at the project entry shall be eliminated and the road redesigned to City standards pursuant to the approval of the City Engineer; f.) Location of all bicycle parking facilities shall be shown; and 9.) The southerly driveway on Rancho Viejo Road shall be restricted to right-turn in and out and left-turn in only. The driveway entrance shall be designed and signage shall be installed to prohibit left-turns out of AC 04-02: Ortega Ranch Page 4 of 19 Conditions of Approval Date of Approval: I 1/9/04 Effective Date: 2/4/05 the driveway. The design of the driveway shall be to the approval of v City Engineer. h.) The two-story tower architectural elements and associated glazing on Buildings A4, A5, 83 and B5 shall be redesigned in a manner to reduce or otherwise minimize glass area. The applicant shall also revise the color palette to incorporate more diversity. The revised building design shall be subject to review and approval of the DRC. In addition, the wall signage on the west elevation of Building B3 shall be subject to review, modification or elimination by the DRC. i.) A pathway/walkway shall be designed to be located in or adjacent to the Open Space area, so as to connect the office complex to the north property line and provide access to a future sidewalk along Rancho Viejo Road in front of Marbella Plaza. The design shall incorporate rural-appearing or natural elements such as decomposed granite, or equal, and the design and location shall be subject to review and approval of the DRC. The foregoing site plan revisions shall be made and approved by the Planning Director prior to issuance of any grading permit. (DRCIPLN) Engineering Conditions: - 14. Pav 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 by the City Engineer upon partial completion of public improvements to the satisfaction of City Engineer. (EW 15. Storm Runoff, Hvdraulic/Hvdrolocrv 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 the adjacent creek and 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. (ENG) -- 16. Soils/Geoloqv 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 RepotVGeotechnical Feasibility Study, prepared by a registered geologist AC 04-02: Ortega Ranch Page 5 of 19 Conditions of Approval Date of Approvai: 1 7/9/04 Effective Date: 2/4/05 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 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 including the adjacent concrete channel on Caltrans property behind Building B3. 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) W -- 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 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 Qualitv Best Manaqement Practices. Prior to issuance of grading and right-of-way improvement permits, the applicant shall demonstrate to the 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.l .b(2)(b) and F.l .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. Frontaqe and Off-site Improvement Plans. Prior to issuance of applicable right-of-way improvement permits, the applicant shall submit to the City Engineer, for review and shall obtain approval for, Street Frontage and Off- site Improvement Plans along the entire property frontages on Rancho Viejo Road and Avenida Los Cerritos, prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including, but not limited to entry accesses and alignment of entry accesses of other properties along Avenida Los Cerritos, curb and gutter, handicapped ramp, AC 04-02: Ortega Ranch Page 6 of I9 Conditions of Approval Date of Approval: I 1/9/04 Effective Date: 24/05 striping, signage, street lights, storm drain, sewer and all related appurtenances. Any encroachment into adjoining properties shall require applicant to provide, in writing, all necessary recorded easement documentation and authorization from said affected property owners. These plans shall be in compliance with the Master Plan of Arterial Highways and consistent with the City's Master Plan of Streets and Highways Standards Said plans shall show all existing and proposed improvements, including but not limited to the undergrounding of applicable existing overhead utilities on Rancho Viejo Road and Avenida Los Cerritos along the property frontages, curb and gutter, right-of-way lines, new driveways, with radii curbs and wheelchair ramps which meet ADA requirement, proposed street lights (Mission Bell fixtures on marblelite poles), sewer laterals and water service lines. (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 existing and proposed 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 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 refundable $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- ~ ~~ AC 04-02: Ortega Ranch Conditions of Approval Page 7of 19 24. L- 25. 26. 27." Date of Approval: 11/9/04 Effective Date: 2/4/05 moving equipment; Location of assembly and storage/service areas of heavy earth- moving equipment and limits of hours of operation; Worker controlled access to site, including hours of work, limits on noise sources, and dust and soil importlexport; Compliance with environmental mitigation measures; Construction Waste and Materials Management 2. 3. 4. 5. 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 hire a project enforcement person approved by the Engineering and Building Director to ensure compliance with the Construction Mitigation Program; 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. (ENG/PLN) 3. 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 specific to the project and in compliance with all applicable City standards. (ENG) 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) Dn, 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) Traffic Circulation Impact Fees and Improvements. A. CaPistrano Circulation Fee Proaram (CCFP). L-, ' AC 04-02: Ortega Ranch Page 8 of 19 Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 W The applicant shall pay a CCFP fee based on the current fee schedule in effect at the time of issuance of the first Building Permit. B. Off-Site Circulation Improvement Requirements Subject to Reimbursement. I. CCFP Improvements. Prior to issuance of the Certificate of Use for the first building, the applicant 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 accommodate said improvements listed below shall be processed by the applicant at no initial cost to the City. I TABLE I : CCFP IMPROVEMENTS I Juniper0 Serra Road & Camino Capistrano Construct a northbound right-turn lane 2. Non-CCFP Improvements. Prior to issuance of the Certificate of Use for the first building, the applicant 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 accommodate said improvements listed below shall be processed by the applicant at no initial cost to the City. The City, upon a written request from the applicant, will enter into a reimbursement agreement to partially repay the applicant for the work of improvement in accordance with the City approved engineer’s cost estimate. However, if any improvements identified below are constructed by another party, the applicant shall pay for the project‘s pro-rata share of the cost of the design and construction of the circulation improvements and all related appurtenances to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano’s Master Plan of Streets and Highways, including any applicable right-of-way acquisition, base on the proportion of traffic generated by the project, as determined in a City-approved traffic study. * Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 9 of 19 TABLE 2: Non-CCFP IMPROVEMENTS Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 Obligation % I I I 15.1% I. Ortega Highway: Rancho Viejo Rd. to 1-5 SB Ramps * Traffic Surveillance System 2. Junipero Serra Road: 1-5 SB Ramps to 1-5 NB Ramps ; 3. Junipero Serra Road: 1-5 NB Ramps to Rancho Viejo ; I 26.2% * Additional westbound lane I * (The estimated cost of improvement shall be submitted by the applicant’s Civil Engineer, subject to review and approval by the City Engineer.) --_------_-_-_- ~~~,~~~~~~,~~~~-~,-~-----~l--~-~~-~-~-- * Additional westbound lane I 11.9% --_-_----_--------------------------------.------------ * (The estimated cost of improvement shall be submitted by the applicant’s Civil Engineer, subject to review and approval by the City Engineer.) The applicant shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant shall provide labor and materials bonds/securities for I00 percent of the above estimated improvement costs as determined by the City Engineer. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.) C. Non-CCFP Fair-Share Circulation Improvement Participation. Prior to issuance of the first Building Permit, the applicant shall pay for the project’s pro-rata share of the cost of the design and construction of the street and street intersection improvements listed below to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano’s Master Plan of Streets and Highways, including any applicable right-of-way acquisition, based on the proportion of traffic generated by the project, as determined in a City- approved traffic study. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer: ) I TABLE 3: “FAIR SHARE” PARTICIPATION I Obligation YO I AC 04-02: Ortega Ranch Page 10of I9 Conditions of Approval Date of Approval: I 1/9/04 Effective Date: 2/4/05 D. The following timetable for the above requirements (Sections B and C), as they relate to Ortega Highway and 1-5 Interchange (“City Interchange Project”), shall apply at the discretion of City Engineer based on the following alternative scenarios: L 1. If the applicant is requesting the first building permit to be issued and the “City Interchange Project” will not be under construction within 36 months, as dictated by the project schedule, from the request date, then the applicant will have 24 months to complete the improvements as set forth in Table 2, Items 2 and 3 above; or 2. If the ‘City Interchange Project” will be constructed within 36 months after the first building permit request date, the applicant shall pay the development fair share of the required improvements. The developer’s fair share shall be computed based upon future year costs (Le., the year when said first building permit is issued) and the cost estimates shall be approved by City Engineer; or 3. If another entity completes any of the required improvements, the applicant shall pay to the City the project’s fair share for said improvement(s). The developer’s fair share shall be computed based upon future year costs (i.e., the year when said first building permit is issued) and the cost estimates shall be approved by City Engineer; or 4. This condition may be modified by the City Engineer provided that a determination is made that impacts to the 1-5 interchange are adequately mitigated through other means, including, but not limited to no less than a fair share contribution for ultimate interchange improvements by the applicant. 28. Bike Racks. Prior to approval of final inspection, the applicant shall install bicycle parking facilities to accommodate community resident cyclists using the facilities to the satisfaction of City Engineer. (ENG/PLN) 29. Installation of Landscapinq. 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 Citv’s Satisfaction. Prior to approval of final inspection, 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. Monumentation Restored and Corner Records Filed with Countv. Prior to release of improvement bonds, the applicant’s surveyor shall set all applicable required Monumentation and/or re-establish any damaged or destroyed Monumentation during construction. Monumentation and corner * Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 11 of 19 Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 - 32. 33. 34. records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code, prior to final approval of any phase. (ENG) Provide As-Built Mylars/Diqital 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 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) Utilitv Underaroundinq. Prior to acceptance of the public improvement work, and release of performance sureties, the applicant shall underground, at no cost to the City, the overhead utility lines within the property and along the Avenida Los Cerritos frontage to the satisfaction of the City Engineer. (ENG) Sidewalks Installation. Sidewalks (as required by Condition No. 13.b) and the pathway (as required by Condition No. 13.i) shall be installed by the applicant to the satisfaction of the City Engineer. (ENG) Fire Authority Conditions: L 35. 36. 37. L 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 Em e rgency Access. " (OC FA) Water Availabilitv. 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) Automatic Fire Sprinkler Svstems. 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) * Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 12 of 19 Conditions of Approval Date of Approval: 71/9/04 Effective Date: 2/4/05 38. L 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) 39. 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) 40. Fire Alarm Svstem. 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 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: v 41. Water Improvement Aareement. 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 to the satisfaction of the City Engineer. (PW) 42. 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) 43. 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) 44. 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 W * Mitigation measure from Mitigated Negative Declaration AC 04-02: Ottega Ranch Page 13 of 19 Conditions of Approval Date of Approval: 11/9/04 Effective Date: 2/4/05 45. 46. W Additional Declaration: 47.* 48.* project and shall reflect consistency with the City’s Sewer and Water Master Plans, City municipal codes, standards, specifications, and City water standard specifications. The sewer plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant‘s cost to the satisfaction of the City Engineer (EN G/PW) Water System Improvements. Prior to the issuance of tenant improvement building permits, the 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) 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, sewer, storm drain, and street improvements. These “Record Drawings’’ are also required to be provided to the City in digital format, in accordance with the “City of San Juan Capistrano Digital Submission Standards”. (ENGIPW) Conditions per Mitigation Measures in the Mitigated Negative Air Quality. The project applicant shall rely solely on low sulfur content diesel fuel for all construction-related vehicles to the maximum extent practicable. WG) Biological Resources. Focused surveys for the tread-leaved brodiaea shall be conducted on the ruderal slope between the abandoned orchard and the disturbed riparian scrub habitat (as defined in the BonTerra biological resources technical report) during the appropriate blooming period (April 1 5 to June 15) under appropriate weather conditions. Positive identification of any individuals of this species shall require the preparation of a Thread- Leaved Brodiaea Mitigation Management Plan identifying appropriate mitigation efforts to successfully relocate/transplant the plants/corms to a suitable location within the City of San Juan Capistrano. Said location shall be at the discretion and approval of the Planning Director in coordination with any/all applicable regulatory agencies. Transplanted brodiaea plantskorms shall be maintained and monitored by a professional biologist of the City’s choosing for a period of no less than five years. W In addition, all construction activities shall be excluded from the above described ruderal slope until the completion of the focused surveys. The establishment of construction fencing around the ruderal slope shall be * Mitigation measure from Mitigated Negative Declaration AC 04-02: Orfega Ranch Page 14 of 19 Conditions of Approval Date of Approva1:l 1/9/04 Effective Date: 2/4/05 W W 49.* 50.* performed under the supervision of a City-approved biologist. If no brodiaea are found, construction within this area may continue. If observed within the impact area, the areas where the brodiaea occur shall be avoided until the plants/corms are salvaged from the impact area according to the City approved Thread-Leaved Brodiaea Mitigation Management Plan. (PLN) Nesting Areas. Seven days prior to the onset of construction activities, a qualified biologist shall survey within the limits of project disturbance for the presence of any active raptor nests (common or special status). Any nest found during survey efforts will be mapped on the construction plans. If no active nests are found, no further mitigation would be required. Results of the surveys shall be submitted to the Planning Director with copies provided to the California Department of Fish and Game. If nesting activity is present at any raptor nest site, the active site shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the project site normally occurs from February 1 to June 30. To protect any nest site, the following restrictions on construction are required between February 1 and June 30 (or until nests are no longer active as determined by a qualified biologist): 1) clearing limits will be established with a minimum of 300 feet in any direction from any occupied nest and 2) access and surveying will be restricted within 200 feet of any occupied nest. Any encroachment into the 300/200 buffer area around the known nest shall only be allowed if it is determined by a qualified biologist that the proposed activity will not disturb the nest occupants. Construction during the non-nesting season shall only occur at the site if a qualified biologist has determined that the fledglings have left the nest. (PLN) Cultural Resources. Prior to earthmoving, an Orange County Certified Paleontologist shall be retained by the applicant and shall develop a mitigation plan and a discovery clause/treatment plan to be implemented during earthmoving on the project site. At a minimum, the treatment plan shall require the recovery and subsequent treatment of any fossil remains and associated data uncovered by earthmoving. As part of the plan, the project paleontologist shall develop a storage agreement with the County of Orange curation facility, or another acceptable repository to allow for the permanent storage and maintenance of any fossil remains recovered as a result of the mitigation program, and for the archiving of associated specimen data and corresponding geologic and geographic site data at the repository. Paleontological monitoring of earthmoving shall be conducted by an experienced monitor under the direction of the project paleontologist. If fossil remains are found by the monitor, earthmoving shall be diverted temporarily around the fossil site until the remains have been recovered and the monitor agrees to allow earthmoving to proceed. Any recovered fossil remains shall be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable * Mitigation measure from Mitigated Negative Declaration v L AC 04-02: Ortega Ranch Page 15 of 19 Conditions of Approval Date of Approval: I 1/9/04 Effective Date: 2/4/05 paleontologists. The remains then shall be curated and catalogued, and associated specimen data and corresponding geologic and geographic site data shall be archived at the museum repository by a laboratory technician. The remains then shall be accessioned into the museum repository fossil collection, where they shall be permanently store, maintained, and, along with the associated final report, specimen and site date, made available for future study by qualified investigators. A plaque that acknowledges the masonry wall, wrought iron fence, entryway, benches, plaque and landscape design shall be reviewed and approved by the City Design Review Committee. The text of the Cemetery plaque shall be reviewed and approved by the Cultural Heritage Commission. (PLN) 51." Archaeoloqical Resources. Due to the proximity of the proposed project to the mission Cemetery and the sensitivity of the San Juan Capistrano area for buried cultural resources, an Orange County Certified Archaeologist shall be retained to supervise a qualified archaeological monitor, who will observe all earth-disturbing activities at the site. If cultural material is encountered, the monitor shall have the power to halt or divert construction until the find can be evaluated by the project archaeologist. If the find is evaluated as eligible for the California Register of Historical Resources, mitigation, consisting of avoidance or data recovery should be implemented. Should any human remains be encountered, the County Coroner must be notified as required by provisions of Section 7050.5 of the Health and Safety Code. If the Coroner determines the remains are Native American, the Coroner notifies the Native American Heritage Commission (NAHC), that then designates a Native American Most Likely Descendant (MLD) for the project (Section 5097.98 of the Public Resources Code). The designated MLD makes recommendations concerning the treatment of the remains. If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public Resources Code). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public Resources Code). (PLN) 52.* Historic Depiction Proaram. Prior to the issuance of any Certificate of Use/Occupancy Permit for structures immediately adjacent to the cemetery wall, the applicant shall complete all improvements as identified in the City- approved Historic Depiction Program to the approval of the Planning Director. (PLN) 53.* Historic Site Records. Prior to issuance of any grading permit an architectural historian, as defined by City Council Policy 601-5.c, shall be retained at the expense of the project applicant to research and photo document the historical context and cultural setting of the cemetery and issue a written report as defined in City Council Policy 601-6. The archival record shall be prepared to the specifications and approval by the City Planning Department, and maintained on file at the City and the San Juan Capistrano Historical Society. (PLN) Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 160f 19 54.* u 55.* \-’ 56.* 57.* Conditions of Approval Date of Approval:11/9/04 Effective Date: 2/4/05 Soil Contamination. In accordance with the recommendations of the Phase I report and update, the project applicant shall conduct evaluation of the soil near the former residences on the property for lead concentrations. Additionally, soil sampling and analysis shall be conducted in the southern portion of the site to determine whether residual pesticides are present. In the former vehicle maintenance and smudge pot storage areas, soil sampling and analysis shall be conducted to determine whether hydrocarbons, volatile organic chemicals, or metals are present. This analysis shall be completed prior to any project grading or construction on the southern portion of the site or in the vicinity of the former residences. If hazardous materials are detected on the project site, the project proponent shall develop an appropriate hazardous materials abatement plan in accordance with all applicable federal, state, and local laws and regulations, which will be subject to review and approval by the City Engineer. The plan will address the safe removal, transport, and disposal of all hazardous materials detected on the site in accordance with all applicable laws and regulations. No project grading or construction shall be permitted in areas containing hazardous materials until the plan has been approved and implemented. (ENG) Groundwater Wells. The project shall not be permitted to install or maintain any groundwater well on the site or off-site to provide potable and/or non- potable private water service to the project site. (PW) Noise. Prior to issuance of the first building permit, the applicant shall prepare and submit an acoustic analysis of potential traffic noise impact for all commercial office buildings for review and approval by the Planning Director. The acoustic analysis shall recommend appropriate noise mitigation measures which reduce potential noise impacts to a level consistent with the City’s General Plan Noise Element and Title, Land Use Code, Noise Standards. Noise mitigation may include earthern berms; acoustic barriers, wall insulation, dual-pane glass and fixed glazing, door gaskets, or similar methods. Acoustic barriers shall only be considered by the City if they are in compliance with the City’s Architectural Design Guidelines. (PLN) Secured Fire Protection Agreement. Prior to issuance of building/grading permit, the applicant shall enter into a Secured Fire Protection Agreement with the Orange County Fire Authority. This Agreement shall specify the developer’s pro-rata fair share funding of capital improvements necessary to establish adequate fire protection facilities and equipment, and/or personnel. (OCFA) Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 17of I9 Conditions of Approval Date of Approval: I 1/9/04 Effective Date: 2/4/05 Other Miscellaneous Conditions: - 58. Seismic Desiqn. 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, and 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) 59 Chemical Usaqe 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 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/OCFA) .- 60. Hvdrolonic Analvsis. During project design, construction, and operation, the project applicant shall comply with a detailed hydrologic analysis that shall be prepared during the final engineering design process to verify actual design conditions associated with the project and associated roadway improvements. The hydrologic analysis shall ensure that peak flow rates do not significantly exceed the historical hydrologic flows. During this final design process the grading design shall also be evaluated in detail by the City of San Juan Capistrano Engineering and Building Director with respect to the hydrologic requirements. All recommendations in the detailed hydrologic analysis shall be implemented during project design, construction, and operation. Compliance with this measure shall be verified by the City of San Juan Capistrano Engineering and Building Director. (ENG) 61. Hvdraulic Analvsis. 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. (ENGIPW) 62. Water Service Connection. Prior to issuance of tenant improvement building permits, 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 Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page 18 of 19 Conditions of Approval Date of Approval: 1 1/9/04 EHecfive Date: 2/4/05 v 'W 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 § 9-3.61 7 (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) 63. Dedication of Water Riqhts. The applicant will not develop any wells or other means of using the water rights associated with this property, nor shall it allow any other party to conduct Well Development. (PW) 64. Solid Waste ReductioniRecvclina Mananement Proqram. Prior to approval of final inspection of each phase, the project applicant shall coordinate with City 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; and, 5) restrictions on product type that will be offered at concessions or vending throughout the project site. (PLN/ENG) 65. Tree Removal Permit. Prior to issuance of a grading permit, the applicant shall submit a Tree Removal Permit application. The application shall identify all trees to be removed and shall be consistent with the approved preliminary landscaping plan and site plan as approved by the Planning Commission. (PLN) 66. Open Space Preservation and Maintenance. Prior to approval of final occupancy for the first building, the applicant shall prepare and record a document providing for the preservation in perpetuity and on-going maintenance of the open space area located in the northern portion of the site and any improvements or amenities within the area by the property owner or any future owners, including trash removal and weed abatement. (PLN) 67. On-Qoinq Site Maintenance. The applicant or any successors in interest shall be responsible for regular and ongoing upkeep and maintenance of the site, including the main entry monuments and median, parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when * Mitigation measure from Mitigated Negative Declaration AC 04-02: Ortega Ranch Page I9 of 19 Conditions of Approval Date of Approval: 1 1/9/04 Effective Date: 2/4/05 deemed necessary by the City Engineer to insure the health, safety and welfare of the general public. (ENG) 1 68. LandscaDina Maintenance. All landscaping on-site, including in the public right-of-way, shall be maintained by the applicant in good condition at all times. 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 Date of Approval: November 9,2004 Resolution No.: Planning Commission Resolution No. 04-1 1-09-1 L’ Effective Date: February 4,2005 Applicant Acceptance: Date: -..-- * Mitigation measure from Mitigated Negative Declaration