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,
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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:
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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
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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:
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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:
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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.
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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.
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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
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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:
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* Mitigation measure from Environmental Initial Study