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PC Resolution-16-09-13-04EXHIBIT “A” P.C. RESOLUTION #16-09-13-04 CONDITIONS OF APPROVAL PROJECT LOG #: AC 16-011 PROJECT NAME: The Pearl at Pacifica San Juan APPROVAL DATE: September 13, 2016 Architectural Control (AC) 16-011 is approved subject to compliance, to the reasonable satisfaction of the Development Services Department, with all applicable sections of the San Juan Capistrano Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by Architectural Control approval. These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose 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. Architectural Control (CUP) 16-011 is approved subject to compliance, to the reasonable satisfaction of the Development Services Department, with all applicable sections of the San Juan Capistrano Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by Conditional Use Permit approval. These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose 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. The plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. General Conditions: ___ 1. This project approval is based on and subject to the application materials prepared by the Dahlin Group Architects dated July 28, 2016, including Resolution #16-09-13-04 Conditions of Approval AC 16-011, The Pearl at Pacifica San Juan Page 2 of 3 building elevation(s), floor plan(s), and site planning (placement of the units within the project, setbacks, wall plans, landscape plans and lighting plans etc). These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. ___ 2. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter, at the applicant’s sole cost. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. ___ 3. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery and/or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 8:30 a.m. to 4:30 p.m. ___ 4. Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official. ___ 5. The applicant shall comply with all requirements from the Building & Safety Division and all other City departments ___ 6. The applicant shall schedule a final inspection with the Development Services Department to inspect the final construction of the elevation on the subject lot. The following conditions shall be met prior to the issuance of a grading permit. ___ 7. Prior to the commencement of any grading or construction activity not provided for in previously-approved permits, the project shall secure the required grading and/or building permits from the City. All improvement work subject to securing required grading and/or building permits, whether Resolution #16-09-13-04 Conditions of Approval AC 16-011, The Pearl at Pacifica San Juan Page 3 of 3 performed on-site or off-site, shall secure said permit(s) to ensure the integrity and safety of all existing and proposed public improvements affected by construction activities. (PW.) ___ 8. Submit a revised utility plan to the Utilities Department with an updated list of project improvements that have been installed thus far for the City to review and verify that previously installed utilities have been retained in good condition. The following conditions shall be met prior to the issuance of or in conjunction with the issuance of any building permit(s): ___ 9. A precise grading plan for each lot shall be required. The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy: ___ 10. Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to architectural plans, grading plans, and lighting plans. Responsible Departments/Agencies: DSD: Development Services Department PW-UTIL: Public Works-Utilities Division OCFA: Orange County Fire Authority SCCIC: South Central Coastal Information Center