PC Resolution-18-09-25-01PC RESOLUTION NO. 18-09-25-01
ARCHITECTURAL CONTROL (AC) 18-015
TREE REMOVAL PERMIT (TRP) 18-023
SIGN PROGRAM CSP) 18-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ARCHITECTURAL CONTROL (AC) 18-015,
TREE REMOVAL PERMIT (TRP) 18-023 AND SIGN PROGRAM (SP) 18-023 TO ALLOW
EXTERIOR ARCHITECTURAL AND LANDSCAPE MODIFICATIONS TO AN EXISTING
COMMERCIAL BUILDING AND A NEW SIGN PROGRAM LOCATED AT 31751 AND
31761 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS 121-141-12&16).
Whereas, Tina Prater, Capistrano Plaza, LLC., 610 Newport Center Drive, Suite
1520, Newport Beach, CA 92660 (the "Applicant"), has requested approval of Architectural
Control (AC) 18-015, Tree Removal Permit (TRP) 18-023 and Sign Program (SP) 18-023
to allow exterior architectural and landscape modifications to an existing commercial
building and a new sign program located at 31751 and 31761 Camino Capistrano,
generally located at the northwest corner of Camino Capistrano and Verdugo Street
(Assessor Parcel Number 121-141-12&16), which is General Plan-designated General
Com.mercial (GC), classified as Town Center on the Official Zoning Map (the "Project");
and,
Whereas, Capistrano Plaza, LLC is the owner of real property located at 31751 and
31761 Camino Capistrano, generally located at the northwest corner of Camino Capistrano
and Verdugo Street (Assessor Parcel Number 121-141-12&16); and,
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 project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and has determined that
the entire project is categorically exempt from further review per State CEQA Guidelines,
Section 15301 , Class 1, Existing Facilities , and the entire project is categorically exempt
from further review per Section 15311 , Class 11, Accessory Structures. The project is
exempt under Class 1, because the landscape, lighting, sign, and tree modifications are
minor exterior alterations to existing facilities that involve no or negligible expansion of use
at this time. The project is exempt under Class 11, because the project involves the
construction of minor structures-landscaping, lighting, signs, and trees-appurtenant to
existing facilities. A Notice of Exemption (NOE) will be posted should the project receive
final c;ipproval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA); and,
Whereas, on September 25, 2018, the Planning Commission conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302 and City
PC Resolution 18-09-25-01 2 September 25. 2018
Council Policy 5 to consider public testimony on the proposed project and considered all
relevant public comments.
Whereas, on August 9, 2018, the DRC reviewed the plans and sign program and
voted unanimously finding that the development plans and sign program were acceptable
as proposed and forwarded the project to the Planning Commission; and,
Whereas, the findings and conclusions made by the Planning Commission in this
Resolution are based upon the oral and written evidence presented as well as the entirety
of the administrative record, which is incorporated herein by this reference. The findings
are not based solely on the information provided in this Resolution; and,
Whereas, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire project is categorically
exempt from further review per State CEQA Guidelines, Section 15301, Class 1, Existing
Facilities, and the entire project is categorically exempt from further review per Section
15311, Class 11, Accessory Structures. The project is exempt under Class 1, because the
landscape, lighting, sign, and tree modifications are minor exterior alterations to existing
facilities that involve no or negligible expansion of use at this time. The project is exempt
under Class 11, because the project involves the construction of minor structures-
landscaping, lighting, signs, and trees-appurtenant to existing facilities. The Planning
Commission directs the City staff to file a Notice of Exemption (NOE) with the County of
Orange within five days of the adoption of this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.313 of Title 9, Land Use Code of the City of San Juan
Capistrano in support of Architectural Control (AC) 18-015:
1. The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan because the proposed modification is in
conformance with the FBC Camino Capistrano Frontage Zone 1 (Fr-1) because
although the design along Camino Capistrano is an Arcade, which is not an allowed
frontage type under frontage zone Fr-1 the building's existing architectural style
contains design details that are associated with a Gallery frontage, which is an
allowed frontage type; and furthermore the modifications are consistent with the
Verdugo Street Frontage Zone 2 (Fr-2) Storefront and Awning frontage type which
maintains consistency with the FBC's Village-Scale Standards which implement the
village-scale environment envisioned in the HTC Master Plan. In the context of San
Juan Capistrano's Town Center, "village scale and character" shall mean:
a. Buildings placed near to, facing and defining the Town Center streets;
b. Buildings fronting the streets with visually balanced and detailed facades, and
entries, frontages and signage that are oriented to the pedestrian;
PC Resolution 18-09-25-01 3 September 25. 2018
c. Buildings that are composed of volumes similar in scale to the Mission-era
adobe, wood and brick buildings of San Juan Capistrano;
i. This means buildings that are generally two stories in height, with some one and
three story buildings -or portions of buildings-which provides massing variation;
d. Streetscapes that include generous sidewalks, steady rows of street trees
and/or building galleries to shade and define the pedestrian way, and landscape,
lighting and signage that enhance the street as a comfortable environment for
strolling, shopping and visiting.
Furthermore, while the design along Camino Capistrano is an Arcade, which is not
an allowed frontage type under frontage zone Fr-1 the building's existing
architectural style contains design details that are associated with a Gallery
frontage, which is an allowed frontage type. As such the project complies with the
Gallery frontage because "Gallery frontages are composed of a building where the
fa9ade is aligned on the front property line, and includes an attached cantilevered
shed or a roof or deck supported by a colonnade overlapping the sidewalk.
Galleries may be two stories in height, with the upper portion of the Gallery being
open loggias or decks. Galleries contain ground-floor storefronts, making them ideal
for retail use." Additionally, the project is consistent with the following Code Design
Standards for Fr-1, Gallery:
a. Galleries shall be large enough in dimension to allow passage along the
sidewalk without impediments both horizontally and vertically. The project
complies because it is maintaining the existing covered gallery which provides
clear access.
b. Galleries shall be combined with the Storefront frontage type. The project
complies because the Verdugo Street elevation is required to comply with the
Storefront frontage type.
c. Galleries may encroach over the sidewalk in the public right-of-way, subject to
the issuance of an encroachment permit or license agreement prior to issuance
of a building permit. The project complies because the Gallery is located within
the private property.
d. Column spacing and colonnade detailing shall be consistent with the style of
the building to which it is attached. The project complies because the column
spacing is evenly spaced along the building elevation and is consistent with the
architectural style.
e. Columns shall be placed in relation to curbs so as to allow passage around and
to allow for passengers of cars to disembark. The project complies because the
existing columns are placed between 4'-6" and 9'-6" away from the curb and
allow pedestrian passage.
Furthermore, the project complies with the Storefront and Awning frontage because
"Storefront and Awning is the frontage type for buildings with ground floor
commercial/retail uses. The frontage is made by insertion of large openings filled
with transparent windows at the ground level facades. The facade is located near or
at the property line. Recessed storefronts are allowed. The building entrance is at
the grade of the sidewalk, and provides direct access to the commercial! retail uses
on the ground floor." Furthermore, the Code states that "The basic architectural
PC Resolution 18-09-25-01 4 September 25. 2018
elements comprising the storefront are large windows, doors with glass, clerestory
glass, and a solid base (bulkhead). Optional elements include awnings, cantilevered
shed roof or canopy, signage, lighting, and cornices. Awnings, shed roofs, or
canopies are optional and may encroach into the public right-of-way and cover the
sidewalk within a few feet of the curb." Additionally, the project is consistent with the
following Code Design Standards for Fr-2, Storefront and Awning:
a. Storefronts shall be tall enough to provide adequate view into ground floor
spaces. The project complies because the applicant is proposing to install
windows on this building elevation.
b. Storefronts may occur at the property line. The project complies as the
storefront is located near the property line.
c. Storefront glass shall be clear without reflective glass or dark tinting, frost. The
project complies because the applicant will install non-reflective glass that
contains no dark tinting or frost.
d. Storefront windows may have clerestory windows (horizontal panels) between
the storefront and second floor. Glass in clerestory windows may be of a
character to allow light, while moderating it as the clerestory is located above
awnings such as stained glass, glass block, painted glass, or frosted glass. The
project complies because the applicant proposes to include storefront windows
and clerestory windows to provide light into the upper level interior space.
e. Storefront bulkhead: Shall be of material similar or complementary to main
materials of the building. The project complies because, while the proposed
design does not include a traditional bulkhead detail, the existing building
contains buttresses that frame the new windows.
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element
because the goals and policies of the General Plan Community Design Element are
substantially implemented through the City's adopted Architectural Design
Guidelines. The proposed modifications to the Capistrano Plaza rroject are
designed to comply with the following policies and objectives of the Community
Design Element:
Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development
to maintain the character of the City;" and,
The proposed project has a well-balanced pedestrian orientation and human
scale. The project provides enhanced architectural details, new doors and
windows, paving, lighting, landscaping and signage that is high quality and
consistent with the character of the City.
Community Design Goal 2:
Policy 2.1 : "Encourage development which complements the City's
traditional, historic character through site design, architecture, and
PC Resolution 18-09-25-01 5 September 25. 2018
landscaping".
The proposed project incorporates enhanced architectural details, lighting,
landscape and signage that ate designed to complement the traditional
character of the City. The Verdugo Street elevation will be enhanced with
new pedestrian access into the building, landscape, lighting, windows,
murals and signage that will provide visual interest. As such, staff has
determined that the proposed project design will be consistent with the goals,
policies, and objectives of the Community Design Element, as well as, all
other applicable provisions of the General Plan.
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application, except
as otherwise approved because the development characteristics meet all of the
development standards established for the Gallery frontage, including required
building setbacks, building heights, and pedestrian clearances.
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because as
demonstrated within this staff report, the proposed project modifications and use of
materials and landscaping compliments the design elements of Spanish
Colonial/Mission Revival style architecture, as described in the Form-Based Code.
Furthermore, the project will be consistent with the adopted Architectural Design
Guidelines because the following design principles and policies are applicable to the
proposed project:
Design Issue/ Principal 1: Human Scale. The proposed project has a well-
balanced pedestrian orientation and human scale. The pedestrian circulation
experience is enhanced with the modified Gallery details, lighting, landscape,
signage and paving along Camino Capistrano and Verdugo Street.
Design Issue/ Principle 2: Eclectic Building Styles. The existing Capistrano
Plaza building includes a Spanish Colonial/Mission Revival style, which
incorporates architectural elements that will allow the development to
architecturally exist amongst the adjacent buildings that are located within the
downtown area. The modification will enhance the architectural style and will
further enrichen the collection of eclectic architectural styles located in the
downtown.
Design Issue/ Principal 5: Heritage and Tradition. The existing Capistrano Plaza
building reflects the history and tradition of San Juan Capistrano. The building
has an eclectic design that is reminiscing of the City's architectural history with
modifications that include enhanced paving, pedestrian circulation, enhanced
with the modified Gallery details, lighting, signage and paving along Camino
Capistrano and Verdugo Street.
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate enhanced architectural details, decorative tile accent on
Camino Capistrano and Verdugo Street to provide an enhanced overall
PC Resolution 18-09-25-01 6 September 25. 2018
pedestrian experience. The applicant also proposes to install landscaping along
Verdugo Street, Arguello Way and on the west side of the building which is
consistent with the Architectural Design Guidelines, Principle 1 , which provides,
"The physical environment should be comfortable, friendly, accessible and
approachable. Parking areas should be designed to minimize the impact of
automobiles on pedestrian circulation and to be less visually intrusive."
Design Issue/ Principle 8: Linkages and Connections. The proposed pedestrian
circulation design allows pedestrians to walk under the Gallery, access the
building via a new entrance at Verdugo Street and an enhanced building
entrance at the southwest corner of the building.
Policy 1.2: Encourage high quality and human scale design in development to
maintain the character of the City.
Policy 5.D.3.a. Exterior building materials should complement those used in the
surrounding area. Use of the following materials is encouraged within
Downtown San Juan Capistrano:
o stucco (smooth or textured), brick, granite, marble, stone, wood
Policy 5.D.4.a High quality roof materials, complementary and appropriate to
the proposed building style, shall be utilized as part of the building design .
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the proposed project modifications will not alter the existing-
functional vehicular circulation and will enhance the pedestrian access along
Camino Capistrano and Verdugo Street. Pedestrian access into the building will be
provided with a new entrance at Verdugo Street, and enhanced pedestrian
circulation will be provided at the west side of the building.
6. The proposed use and design of the project are compatible with surrounding
existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other development
characteristics because the modified project design includes enhanced Gallery and
Storefront details, lighting, landscape, signage and paving along Camino Capistrano
and Verdugo Street. Furthermore, the landscape design provides buffering of the
west side of the building from the public parking lot.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-3.543(k) of Title 9, Land Use Code of the City of San Juan
Capistrano in support of a Sign Exception:
1. The proposed sign complies with all other applicable criteria of this section because
the Directory sign is a flush-wall mounted sign that is located on the west side of the
building adjacent to the access driveway and parking lot, and is raised to the top of
the wall in order to be visible to pedestrians. Furthermore, the Directory sign will
provide defined tenant identification to patrons of the commercial building.
PC Resolution 18-09-25-01 7 September 25. 2018
2. The scale of the sign will be in harmony with the architectural design for the building
which it will serve because the Directory sign is a flush-wall mounted sign that is
located on the west side of the building adjacent to the access driveway and parking
lot, and is raised to the top of the wall in order to be visible. In addition, the
Directory sign area will consist of painted tenant names and will provide visual
interest to an otherwise blank expansive wall.
3. The sign will not create a hazard to other adjacent properties or tenants because
the Directory sign will be painted on the building and will be located at the top of the
wall in order to visible to pedestrians and patrons of the commercial center.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.343(c)(3) of Title 9, Land Use Code of the City of San Juan
Capistrano in support of Sign Program (SP) 18-023:
1 . The sign program is consistent with the General Plan and Design Guidelines, and is
complementary to the architecture and design of the development project because
the signs will complement the colors of the building, are oriented to achieve a
balanced composition and harmony with other architectural elements of site, are
placed within the property, and although it includes a square footage exception for a
Directory sign, findings can be made to support the proposed sign program.
Additionally, the sign program meets the Community Design Element Policy 1.2
Encourage high quality and human scale design in development to maintain the
character of the City, because the signs will be painted and made with high quality
materials, designed and oriented for vehicular and pedestrian traffic and circulation.
2. The sign program conforms to all applicable requirements of this Code and any
applicable specific plan or comprehensive development plan because the sign
program includes the required contents as required by this code and the exception
to the Sign Code to allow a larger Directory Sign will be beneficial to the
architectural style of the building.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the program will not have adverse impacts
on adjacent properties or rights-of-way; or obstruct the view of other legal signs, and
be compatible with surrounding areas because the signs are proposed to be located
within the property, which ensures that the sign do not create a hazard to adjacent
properties, and are generally consistent with the Design Guidelines, which require
the signs to be complementary to the architecture and design of the project site.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.349(e) of Title 9, Land Use Code of the City of San Juan
Capistrano in support of Tree Removal Permit (TRP) 18-023:
PC Resolution 18-09-25-01 8 September 25. 2018
1. The tree proposed for removal is unsuitable to the planting area in that the area is
too small to accommodate the height, diameter of trunk or canopy, or root zone of
the tree, or excessive trees exist on the site requiring thinning to maintain tree
health because the project proposes an entirely new low water use/California
friendly landscape concept for the site and will include tree species that are
appropriate for the planting areas.
2. The tree is an unsuitable variety for the site in that the species is not a native
variety, is not in keeping with the community character of San Juan Capistrano, is of
an invasive species, or otherwise conflicts with the intent of this ordinance because
the proposed project would remove 14 existing trees including non-native, species.
The proposed landscape plan includes several appropriate replacement species,
such as California Sycamore and California Bay trees.
3. Removal of the tree will not have an adverse impact on adjacent properties or the
general welfare in that its removal will not adversely impact views, public
streetscapes, or other aesthetic considerations because the proposed project would
remove 11 existing trees from the project site and proposes replacement trees such
as California Sycamore and California Bay trees; and will not cause an adverse
impact on adjacent properties.
4. Where appropriate, replacement trees have been proposed to maintain the urban
forest canopy and the replacement trees are more appropriate to the site and to the
planting area because replacement trees have been proposed to maintain the urban
forest canopy and are the replacement trees are appropriate to the site and to the
planting area and because the trees proposed to be removed are not identified as
Heritage Trees per Section 9-2.349(f) of the SJCMC.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 18-015, Tree Removal Permit (TRP) 18-023 and Sign Program (SP) 18-023, subject
to those conditions of approval established by Exhibit A attached hereto and incorporated
herein.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PC Resolution 18-09-25-01 9 September 25. 2018
PASSED, APPROVED AND ADOPTED this 25th day of September, 2018.
Sergio o , AICP, Assistant Development Services
Director/Secretary
Project#:
Project Name:
APPROVAL DATE:
RESOLUTION #: 18-09-25-01
EXHIBIT A
CONDITIONS OF APPROVAL
Architectural Control (AC) 18-015, Tree Removal
Permit (TRP) 18-023 and Sign Program (SP) 18-
023
Capistrano Plaza
September 25, 2018
These conditions of approval apply to Architectural Control (AC) 18-015, Tree Removal
Permit {TRP) 18-023 and Sign Program (SP) 18-023; Capistrano Plaza, a request for
review of exterior architectural and landscape modifications to an existing commercial
building and a new sign program located at 31751 and 31761 Camino Capistrano,
generally located at the northwest corner of Camino Capistrano and Verdugo Street
(Assessor Parcel Number 121-141-12&16).
General Conditions:
1. The above referenced entitlement approvals are granted for development
of the property for a new private equestrian facility and associated
improvements. This approval is granted based on the application
materials submitted by Bickel Group Architecture, including the
architecture, landscape and sign program dated July 11, 2018. These
plans and the proposed use of the site are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city depariments. Minor modifications to this
approval which are determined by the Development Services Director to
be in substantial conformance with the approved site plan, and which do
not intensify or change the use or require any deviations from adopted
standards, may be approved by the Development Services Director upon
submittal of an application and the required fee. If not appealed, this
approval shall become effective on the first business day following the
fifteenth (15th) day after the date of the Planning Commission's approval
and shall expire twenty four (24) months after said approval unless the
use or occupancy which is the subject of this action has taken place and
all conditions of approval have been met, or a time extension has been
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
required fee, at least ninety (90) days prior to the expiration date of this
approval, except as otherwise approved by the Development Services
Director.
Resolution # 18-09-25-01
Project# AC 18-015, Capistrano Plaza
Final Conditions of Approval
Date: September 25, 2018
Pa e 2of4
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. 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 City
Planner. 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.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. 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.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
Resolution# 18-09-25-01
Project #AC 18-015, Capistrano Plaza
Final Conditions of Approval
Date: September 25, 2018
Pa e 3 of 4
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of building
permits for the project.
10. Encroachment Permit. An Encroachment Permit is required for work and
construction-related water and sewer facilities installation activities in the
public right-of-way. These include truck hauling, traffic control, site ingress
and egress, hours of operation in the right-of-way, street cleaning,
etc.(UENG)
11. Improvement Plans. All improvement plans (water, sewer, landscape
irrigation, fire sprinkler system, etc.) shall be prepared on sheet size D
(24"x36") only. (UENG)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
12. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(DS)
13. Archaeologist. A qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) shall be retained by
the project applicant and shall be present at pre-construction meetings to
advise construction contractors about the sensitive nature of cultural
resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with
a bachelor's degree in anthropology with archaeological monitoring
experience), supervised by the qualified archaeologist, shall observe on-
and off-site construction activities that result in grading, and/or excavating
on or below the original ground surface (including during project-related
off-site utility [natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist. In the event that human
remains are discovered, construction activities shall be halted or diverted
Resolution # 18-09-25-01
Project# AC 18-015, Capistrano Plaza
Final Conditions of Approval
Date: September 25, 2018
Pa e 4 of 4
until the prov1s1ons of §7050.5 of the Health and Safety Code and
§5097.98 of the Public Resources Code have been implemented. (OS)
14. Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project-related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (OS)
15. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this
application.(DS)
16. Plan Compliance. The project shall be constructed per the approved plans
(architecture, landscape, lighting, signage, etc.). Any variations shall be
submitted to the Development Services Department for review and
approval. (OS)
Responsible Agencies: B&S
UENG
DSD
PW ENG
OCFA
= Building and Safety
= Utilities Engineering
= Development Services = Public Works Engineering
= Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Property Owner/Applicant Date