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PC Resolution-04-11-09-03PC RESOLUTION NO. 04-1 1-09-3 ARCHITECTURAL CONTROL (AC) 03-08 CONDITIONAL USE PERMIT (CUP) 04-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING ARCHITECTURAL CONTROL (AC) 03- 08 AND CONDITIONAL USE PERMIT (CUP) 04-03 FOR AN EXPANSION OF AN EXISTING THERAPEUTIC EQUESTRIAN FACILITY LOCATED AT 26284 OS0 ROAD, GENERALLY LOCATED SOUTH OF OS0 ROAD AND APPROXIMATELY 100 FEET WEST OF AVENIDA DE LA VISTA (APN 121-07-19,32 & 34) (SHEA THERAPEUTIC RIDING CENTER) Whereas, J.F. Shea Therapeutic Riding Center (owner), 26284 Os0 Road, San Juan Capistrano, CA 92675, has requested approval of Architectural Control application (AC) 03-08 and Conditional Use Permit (CUP) 04-03 to expand an existing equestrian facility by allowing the construction of two covered arenas (approximately 20,000 and 8.500 sq. ft., respectively), office, therapy, and training facilities (24,000 sq. ft.), service buildings (approximately 28,500 sq. ft.), caretaker's cottage (approximately 800 sq. ft.), and the removal of existing buildings (approximately 8,000 sf). The project site has a General Plan Designation of Open Space Recreation (OSR) and a Zoning Designation of Open Space Recreation (OSR); and, v Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the initial study prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, has issued a Mitigated Negative Declaration pursuant to Section 15070 of those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (I 970); and all mitigation measures have been included herein; and, Whereas, the Design Review Committee (DRC) conducted duly-noticed public meetings on August 5, 2004, September 16, 2004, and October 7, 2004 on the proposed project and forwarded the project to the Planning Commission for consideration of the site plan, and further recommended that detailed design plans for building architecture, landscaping, lighting and other design features be submitted to the DRC for final review and approval; and, Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, L PC Resolution 04-1 1-09-3 2 November 9,2004 L Whereas, the Planning Commission conducted a duly-noticed public hearing on November 9, 2004 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5, and Planning Department Policy 510 to consider public testimony on the proposed project and has considered all relevant public comments. 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 Architectural Control (AC) 03-08: 1. The proposed project complies with all applicable provisions of Title 9, Land Use Code of the San Juan Capistrano Municipal Code subject to the mitigation measures and conditions of approval contained in this resolution; and, 2. The architectural and general design of the project is generally consistent with the goal, policies and objectives of the General Plan Community Design Element in that the overall architectural style of the project has been designed in a manner consistent with existing equestrian facilities throughout the City, and maintains the generally rural character of the northwest area of the City ; and, W 3. The site plan is compatible with surrounding existing and proposed land uses consisting of three commercial equestrian stables to the south, a private school site to the north, a residential area (Capistrano Villas) to the east and Trabuco Creek to the west because the project has been designed consistent with the site planning policies of the City’s Architectural Design Guidelines, and appropriate mitigation measures and conditions of approval have been incorporated herein; and, 4. The general design considerations, including the character, scale and quality of the design, are generally consistent with the adopted Architectural Design Guidelines of the City; and are compatible with the character and scale of adjacent equestrian facilities with respect to building materials, colors, exterior lighting and similar elements because the architectural design is characteristic of equestrian style architecture, and will be compatible with, and complimentary to the surrounding equestrian projects to the south of the site; and, 5. The site plan is functional and safe in regards to existing or mitigated off-site conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation because off-site road improvements are required to be constructed by the project, access has been designed from Os0 Road consistent with City standards, and the parking design and pedestrian circulation have been designed to minimize potential conflicts; and, 6. The mitigation measures established by the Mitigated Negative Declaration, issued by the City’s Environmental Administrator, will reduce all potentially significant environmental impacts of the proposed project to a less than significant level. PC Resolution 04-1 1-09-3 3 November 9,2004 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 Conditional Use Permit (CUP) 04-03: L 1. 2. 3. 4. - The proposed conditional use is consistent with the policies and objectives of the General Plan Land Use Element which designates the project site and adjacent “equestrian facilities” as “OSR” (Open Space Recreation) on the General Plan Land Use Policy Map and the “OSR designation provides for the ”Presewation of the equestrian lifestyle by designating land for the preservation or provision of new equestrian facilities. ”; and, The proposed conditional use is consistent with the purpose and intent of the “OSR (open space recreation) Zone District which is to “Develop and expand the existing trails network that supports bicycles, pedestrians, and horses” and conditions contained herein assure that the proposed conditional use will be operated and maintained as therapeutic equestrian facility; and, The proposed conditional use will be compatible with existing, surrounding land uses because the adjacent properties to the south of the project site are equestrian facilities and the project site has been designed to buffer and protect residential land uses from project impacts to maximum extent feasible; and, The proposed site improvements for the conditional use have been designed to comply with all applicable provisions of Title 9, Land Use Code and does not propose any variance or exception to any standards. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby adopts a Mitigated Negative Declaration and approves Architectural Control (AC) 03-08 and Conditional Use Permit (CUP) 04-03, based upon the findings set forth herein and subject to the mitigation measures and conditions of approval contained in Exhibit 1, attached hereto and incorporated herein. PC Resolution 04-1 1-09-3 4 November 9,2004 PASSED, APPROVED AND ADOPTED this 9'h day of November, 2004, by u the following vote, to wit: AYES: Commissioners Cardoza, Cohen, Drey, and Ratcliffe, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None ng Director, Secretary L November 9,2004 EXHIBIT I CONDITIONS OF APPROVAL FOR TO PLANNING COMMISSION RESOLUTION NO. 04-1 1-09-3 ARCHITECTURAL CONTROL (AC) 03-08 AND CONDITIONAL USE PERMIT (CUP) 04-03 J.F. SHEA THERAPEUTIC RIDING CENTER Approval Date: November 9,2004 Effective Date: November 24,2004 Expiration Date: November 24,2006 The conditions of approval apply to Architectural Control (AC) 03-08 and Conditional Use Permit (CUP) 04-03, an application to expand an existing equestrian facility by allowing construction of two covered arenas (approximately 20,000 and 8.500 sq. ft., respectively), office, therapy, and training facilities (24,000 sq. ft.), service buildings (approximately 28,500 sq. ft.), caretaker’s cottage (approximately 800 sq. ft.), and the removal of existing buildings (approximately 8,000 sf). Any proposed change of use or expansion of the area, or modifications to the site plan or structures, shall be submitted to the City Planning Division, along with the required application and fee, for review. For the purposes of these conditions, the term “applicant” shall also mean the developer, the owner, or any successor(s) in interest to the terms of this approval. L GENERAL CONDITIONS: I. Development of the project site shall be substantially in conformance with the plans as approved by the planning Commission on November 9,2004. 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. No change of use or establishment of additional uses, beyond uses that are typically provided at an Equestrian Facility shall be permitted. 2. Approval of this application does not relieve the applicant from complying with other applicable federal, state, County of Orange or City regulations or requirements. 3. 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 initial study requirements under Municipal Code Title 9 land use approvals. Upon notice AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page 2 of 12 Conditions of Approval Date of Approval: 11/09/04 L Effective Date: 11/24/04 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. 4. 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. PLANNING CONDITIONS : 5. 6. 7. a. 9. IO. Prior to building permit issuance, the project architectural and site development plans shall be reviewed for substantial compliance with the Planning Commission's conditionally approved plans and DRC approval, subject to approval by the Planning Director or hidher designee.(Plng) Prior to any building permit issuance, the project shall secure Design Review Committee (DRC) review and approval of: 0 0 0 architectural exterior finish textures and colors. a photometric study with details of proposed fixtures. revised landscape plan that contains a plant legend with plant quantities and sizes. (Plng) Prior to any building permit issuance, the photometric study shall be designed to be consistent with Section 9-3.529, Lighting Standards. (Plng) Prior to any building permit issuance, the applicant shall prepare and submit an Historic Depiction Program (HDP) pursuant to City Council Policy 606. Prior to issuance of the final certificate of occupancy, the project shall complete the installation of the Historic Depiction Program plan. (Plng) Prior to any building or any grading permit issuance, the applicant shall pay all necessary funds to eliminate any outstanding developer deposit account deficit. (Plng) Prior to issuance of any grading permits, grading plan for the entire site, including sections and elevation views for any retaining walls over six (6) feet in height, drainage structures, and any utility lines proposed to be modified or affected by the project shall be submitted to the Planning Director for review by the Design Review Committee. (Plng) * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page 3 of 12 Conditions of Approval Date of Approval: 11/09/04 Effective Date: 11/24/04 L- 11. Prior to any grading permit issuance for any area subject to Resource Agency jurisdiction, the applicant shall provide evidence acceptable to the Building Official and Planning Department that either: 1) the project has been redesigned so as to avoid any impacts to wetlands or riparian areas subject to state or federal jurisdiction; or 2) all required permits and approval have been obtained from the state and/or federal agencies having jurisdiction. Wng) 12. Prior to any building permit issuance, the applicant shall submit an Emergency Equine Evacuation Plan. (Plng) ENGINEERING CONDITIONS: Prior to issuance of grading and right-of-way improvement permits: 13. b 14. 15. Pav Fees. 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 to insure satisfaction performance. (Engr) Soils/Geoloav ReDort. 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 ReporVGeotechnical Feasibility Study, prepared by a Registered Geologist and/or Soil 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 substructure beddinglbackfill recommendations for driveways and parking lot areas. (Engr) Gradinq 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, trails and their corresponding dedicated easements, 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. (Engr) ---. 16.* Erosion and Sediment Control Plans. Prior to issuance of grading and right- * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J. F. Shea Therapeutic Riding Center Page 4 of f2 Conditions of Approval Date of Approval: 11/09/04 Effective Date: 11/24/04 L' 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 NPDES Permit. (Engr) 17.* Water Qualitv Requirements and ComDliance. 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), specifically identifying structural and non- structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff. 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.(Engr) 18. 19. 20. Submit Haul Route Plan. 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 to the City Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. (Engr) Obtain 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. (Engr) Construction Mitination 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 for roadway cleaning purposes. Said deposit shall remain with the City for the entire duration of the project's construction phase: (Bldg & Planning). Grading: a. Haul route, if applicable, for the movement on and off-site of heavy earth-moving equipment. b. Location of assembly and storage/service areas of heavy earth- moving equipment and limits of hours of operation. * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page 5 of 12 Conditions of Approval Date of Approval: 17/09/04 Effective Date: 17/24/04 L c. Worker controlled access to site, including hours of work, limits on noise sources, and dust and soil import/export. d. Compliance with environmental mitigation measures. e. Construction Waste and Materials Management. f. Placement of dumpsters and portable toilets to be on-site only. Enforcement: a. 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. b. The applicant shall designate a project enforcement person approved by the Engineering and Building Director to ensure compliance with the Construction Mitigation Program. c. If it is determined that the applicant 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. 21." Site Plan in Compliance with Reclulatorv Agencies. The applicant shall submit to the City Engineer and Building Official and to all impacted governing regulatory agencies (California Department of Fish and Game, Army Corps of Engineers, Federal Emergency Management Agency, Regional Water Quality Control Board) for their review and shall obtain approval for a site Plan prepared by a Registered Civil Engineer. Should any of the referenced Agencies object or require modifications to the subject site plan, the City's review of the site plan and the approval process shall be interrupted and delayed until it is satisfactorily modified and approved by all said regulatory agencies. (Engr) Prior to issuance of first building permit: 22. Pav Fees. Prior to issuance of the first Building Permit, the applicant shall fulfill all applicable fee requirements in accordance with the City Municipal Code, including, but not limited to the Capistrano Circulation Fee Program and the Sewer Capacity fees. (Engr) * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page 6 of 12 Conditions of Approval Date of Approval: 11/09/04 L Effective Date: 11/24/04 23. Post Sureties, Including Coveraae Provision for the Ultimate Os0 Road frontaqe Improvement. Prior to issuance of the first Building permit, the applicant shall post all applicable sureties in accordance with the City Municipal Code. The applicant shall also post sureties for the design and construction of the future / ultimate Os0 Road frontage improvements. The sureties shall remain in full force with the City until all ultimate improvements are completed to the City’s satisfaction. These sureties shall be as follows: (I) A Faithful Performance Bond to ensure faithful performance of such design and improvement in the amount of 100% of the estimated cost of design and construction of the improvements; and (ii) A Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed in accordance with such design and improvement in the additional amount of 100% of the estimated cost of construction of the improvements. (Engr) 24. Propertv Frontaqe Improvement Plans - Interim Condition. Prior to issuance of the first Building Permit, the applicant shall submit to the City Engineer for review, and shall obtain approval for, Property Frontage Interim Street Improvement Plans for Os0 Road. Said plans shall be prepared by a Registered Civil Engineer, shall show all existing and proposed improvements and shall include but not be limited to the existing and proposed right-of-way lines (no new utility boxes shall be installed within Os0 Road right-of-way), an asphaltic curb /berm, a wood fence to separate horses on the existing equestrian trail from the street, a decomposed granite surface or other City approved material for the existing trail along Os0 Road frontage, erosion control using Best Management Practices (BMP’s), street signage to require parallel parking and prohibition of perpendicular parking. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr) 25. Sewer and Water Improvement Plans. Prior to issuance of the first Building Permit, the applicant shall submit to the City Engineer for review, 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. Any required extension to the existing public sewer and water main lines, if deemed necessary by the City Engineer, shall be constructed by the applicant and at applicant‘s cost. All on-site water facilities behind the water meter shall be privately owned and maintained, including the fire protection system. The plan shall be specific to the project, which reflects consistency with the City’s Sewer and Water L * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J. F.Shea Therapeutic Riding Center Page 7 of 72 Conditions of Approval Date of Approval: 11/09/04 L Effective Date: 11/24/04 standards. Any public Sewer and water easement dedication, if applicable, Shall have a minimum width of twenty feet and shall comply with the City's specifications, rules and regulations. (Engr) 26. Easement Dedication for Public Riaht-of-Way, Trails, Sewer and Water ImDrovements. Prior to issuance of the first Building Permit, the applicant shall dedicate to the City all required applicable easement for the public right- of-way, trails, sewer and water improvements at no cost to the City. Said easements shall comply with the City's specifications, rules and regulations. (Engr) Prior to issuance of certificate of occupancy: W 27. 28. 29. Installation of Landscapinq. Prior to issuance of certificate of occupancy, the applicant shall install all landscaping and irrigation. The developer 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. If building construction is phased, then each building shall install 30 feet minimum of landscaping along the perimeter of each building. (Planning & Comiietion of 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 or phase thereof in accordance with the approved plan and approved exceptions, which include the Os0 Road interim frontage improvement. (Engr) Provide As-Built Mylar/Diqital Format. Prior to issuance of certificate of occupancy, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Plans, prepared by a registered Civil Engineer, of all applicable improvement works completed and accepted. Additionally, the applicant shall submit digital copies of all approved" As Built" plans in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (Engr) Prior to acceptance of ultimate improvements and release of performance securities: 30. ProDertv Frontaqe Plans - Ultimate Condition. The City's General Plan and the Orange County Master Plan of Arterial Highways show Alipaz Street and Os0 Road to be connected via a bridge over Trabuco Creek. Within 90 days following the City's approval of said bridge plans and specifications, the b * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J. FShea Therapeutic Riding Center Page 8 of 72 Conditions of Approval Date of Approval: 11/09/04 E Hecfive Date: 1 7/24/04 L applicant shall submit to the City Engineer for review and shall obtain approval for, Property Frontage Street Improvement Plans for Os0 Road. These frontage improvement plans shall be designed in accordance with said approved bridge plans. The Property Frontage Street Improvement Plans shall be prepared by a Registered Civil Engineer, shall be in compliance with the Orange County Master Plan of Arterial Highways and with the City's Master Plan of Streets and Highways Standards. These plans shall show all existing and proposed improvements and shall include but not be limited to curb and gutter, sidewalk, existing and proposed right-of-way lines (no utility boxes shall be installed within Os0 Road right-of-way. Aboveground utility boxes and pedestals shall be placed on-site within their proper corresponding easements), street striping, new driveway with radii curbs and wheelchair ramps which meet ADA requirement, street lights (Mission Bell fixtures on marbelite poles). Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr) 31. Completion of Ultimate Improvements to the City's Satisfaction. The City's General Plan and the Orange County Master Plan of Arterial Highways show Alipaz Street and Os0 Road to be connected via a bridge over Trabuco Creek. Prior to acceptance of ultimate property frontage street improvements and release of corresponding securities, or the completion of the said bridge, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all required facility improvements and related appurtenances in accordance with the approved plans and approved exceptions. (Engr) PUBLIC WORKS (WATER DEPARTMENT) CONDITIONS: Prior to issuance of grading and right-of-way improvement permits: 32. Water Improvement Aqreement. Prior to the issuance of grading and right-of- way improvements permits, the applicant shall execute a Agreement for Construction of Water Facilities 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) 33. 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) Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page 9 of 72 Conditions of Approval Date of Approval: 11/09/04 L. Effective Date: 11/24/04 34. Dedication of Water Facilities. Prior to the issuance of grading and right-of- way improvements permits, 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) 35. Water lmwovement Plans. Prior to the issuance of grading and 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. 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. (PW) Prior to issuance of building permits: 36. v L 37. 38. Prior to the issuance of 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) Prior to the issuance of building permits, the applicant shall be responsible to complete the construction of a 12-inch water main in Os0 Road in accordance to the required Agreement for Construction of Water Facilities and in compliance with City water standards and specifications, as approved by the Water Engineering Manager. (PW) Prior to the issuance of building permits, the applicant shall be responsible to design all landscaping and irrigation that are identified as a non-domestic (recycled) water use in accordance to the City water standard specifications, the Rules and Regulations for Users of Non-domestic Water, and the City Municipal Code 9-3.61 7. (PW) Prior to issuance of certificate of occupancy: 39. 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- Mitigation measure from Environmental Initial Study A C 03-08, CUP 04-03: J. F. Shea Therapeutic Riding Center Page IO of 12 Conditions of Approval Date of Approval: 11/09/04 L Effective Date: 11/24/04 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”. (PW) FIRE AUTHORITY CONDITIONS: 40. 41. 42. L All portions of all the structures shall be within 150 feet of an access roadway. Prior to building permit issuance, the project will submit and secure approval of a site plans and architectural plans from the Orange County Fire Authority (OCFA) which address final design of fire hydrant locations, fire access, sprinklers, emergency evacuation, and related fire safety factors consistent with the Orange County Fire Authority non-residential fire protection standards and consistent with the Orange County Fire Authority conditions of approval. Prior to issuance of any Certificate of Occupancy, the project shall complete the installation of all site improvements consistent with the approved fire protection plan and subject to inspection and approval of the Orange County Fire Authority. Additional Conditions per Mitigation Measures in the Mitigated Negative Declaration: Aesthetics 43.* Prior to grading permit issuance, the applicant shall retain a professional arborist or landscape architect to evaluate the condition of all existing trees that have a 6” diameter breast height within the project limits, and provide recommendations as to the onsite preservation, relocation, and rernovaVreplacement of such trees subject to review and approval by the Planning Director. 44.* Prior to building permit issuance, the applicant shall prepare and submit a lighting plan and photometric analysis of the lighting plan which adequately demonstrates that the location and intensity of proposed lighting will not adversely impact other properties or rights of way. The lighting plan shall be designed to comply with the provisions of Section 9-3.614, Lighting of the Land Use Code as determined by the Commission. The lighting plan shall include the location of all lighting, light source (high pressure sodium, metal halide), lens (NEMA) type, height, mounting (building, pole, etc.), vertical tilt, horizontal orientation, cutofflshielding type, and location. The lighting plan * Mitigation measure from Environmental Initial Study .- AC 03-08, CUP 04-03: J.F.Shea Therapeutic Riding Center Page I1 of 12 Conditions of Approval Date of Approval: 11/09/04 Effective Date: 11/24/04 - shall be subject to review and approval by the Planning Commission. All exterior lighting fixtures shall be provided with shielding and shall be oriented so that direct light does not encroach on any adjoining properties. Air Qualitv 45.* 46.* 47.* 48.* Prior to issuance of any grading permit, the applicant shall submit dust control plans for managingheducing PMI 0 emissions associated with grading and construction to the satisfaction of the Planning Director or his designee. The dust control plan will be consistent with South Coast Air Quality Management District (SCAQMD) Rule 403 and may include use of soil binders, truck washing, street sweeping, and regular vehicle maintenance. Prior to issuance of any grading permit, the applicant shall obtain an NPDES permit and the conditions of the permit shall be enforced during grading and construction. Cultural Resources Prior to issuance of any grading or building permit, the applicant shall retain the services of a RPA (Register of Professional Archeologists)-certified archeologist who will monitor all grading and excavation for potential impacts on cultural resources including archeological, paleontological, and historic resources. Also, the applicant shall provide an executed contract for services with a RPA-certified archeologist including a scope-of-work which provides for comprehensive monitoring; a contingency for assessment, recovery, and/or evaluation; and the preparation of a technical memoranda or report.lf historic and/or cultural resources are encountered during grading and/or building activities, the monitoring RPA archeologist may cease any or all grading andlor building construction activities, consistent with City Council Policy, which shall be subject to confirmation by the City’s Environmental Administrator (EA), to allow for preliminary assessment, evaluation of any cultural resources, andlor recovery, as may be appropriate. The monitor or Environmental Administrator (EA) may allow grading activity to precede at other locations on the project site which would not interfere with the assessment of uncovered cultural resources. Prior to any occupancy permit issuance, the applicant shall submit a technical memorandum or cultural resources report which details archeological monitoring efforts, findings, analysis, and conclusions consistent with City Council Policy #601 and subject to review and approval of the Planning Director. * Mitigation measure from Environmental Initial Study AC 03-08, CUP 04-03: J. F. Shea Therapeutic Riding Center Page 12 of 12 Conditions of Approval Date of Approval: 11/09/04 Effective Date: 11/24/04 h Geoloctv and Soils 49.* Prior to any grading permit issuance, the applicant shall submit a "Subsurface Geotechnical Investigation" completed by a licensed engineering geologist professionally certified by the State of California to conduct such work subject to approval by the Chief Building Official. The proposed preliminary grading design will be based upon the analysis and recommendations contained in that "Subsurface Geotechnical Investigation". Any change in recommendations and/or design shall be subject to review and approval by the City Engineering and Building Department. The "Subsurface Geotechnical Investigation" shall include a discussion of landslide potential and shall include specific grading design recommendations . Noise 50.* All special events with outdoor amplified sound shall be subject to review and approval of a Special Event permit. Transportation 51 .* Future Restriction to Left Turn Movements at Primarv Drivewav. The City reserves the right to restrict left turn movements into and out of the primary driveway as proposed. Such restriction is based on anticipated traffic volumes along Os0 Road at such time as it is extended to the west over Trabuco Creek, potential traffic hazards due to the close proximity of the proposed site's main entrance to Avenida de La Vista intersection at Os0 Road and the conflicting left turn movements with the existing driveway on the north side of Os0 road. If and when such restrictions are required by the City, the applicant shall provide for an alternative driveway to accommodate left turn movements into and out of the site, with the design and location of such access drive including all related appurtenances to be approved by the City. (Engr). Date of Approval: November 9,2004 Resolution Number: Effective Date: November 24,2004 Planning Commission Resolution 04-1 1-09-3 Date: /-/?-c?F- (P:\PLANNINGWRCHIVE\AC PROJECTS\AC0308SHE&JOSWICK\AC0308 PCCOASNOV04-FINAL.DOC) 'Lr ' * Mitigation measure from Environmental Initial Study