18-1030_SOUTH COAST INVESTORS II, LLC_Revenue Sharing Agreement TRANSIENT OCCUPANCY TAXES
REVENUE SHARING AGREEMENT
THIS TRANSIENT OCCUPANCY TES REVENUE SHARING AGREEMENT
("Agreement") is entered into as of October)V, 2018, by and between CITY OF SAN JUAN
CAPISTRANO, a California municipal corporation ("City"), and South Coast Investors II, LLC,
owner of PLAZA BANDERAS/INN AT THE MISSION HOTEL PROJECT ("Hotel"). City
and Hotel are sometimes individually referred to as "Party" and collectively as "Parties."
RECITALS
A. Pursuant to City Council Policy 135, effective June 19, 2018, the City created the
Citywide Luxury Hotel Transient Occupancy Tax Revenue Sharing Incentive Program to
encourage the development of luxury hotel properties within the City.
B. Hotel owns certain real property in the City, as more fully described in Exhibit
"A" attached hereto and incorporated herein by this reference ("Property"), on which Hotel
intends to develop and operate a 4-star or 4-diamond rated hotel consisting of approximately 124
guest rooms in addition to mixed uses, including retail and restaurant uses ("Project").
C. Pursuant to City Council Policy 135, City wishes to provide Hotel an incentive to
operate the Project in order that increased visitation will generate additional Transient
Occupancy Tax ("TOT"), as defined in Section 3-3.603 of the San Juan Capistrano Municipal
Code, and sales tax to the City.
D. City has determined that revenue sharing with Hotel, in accordance with the terms
and conditions set forth in the City Council Policy No. 135 and as contemplated by this
Agreement, is of public benefit and contributes to the general welfare of its citizens because the
development of the Project will create both temporary construction as well as permanent
operational jobs and would redevelop a previously underutilized site thereby further serving as
an economic catalyst to the City by expanding the lodging options and amenities which support
tourism.
AGREEMENT
NOW, THEREFORE, in consideration of the benefits to be derived by each Party from
the performance of the covenants and conditions set forth herein, City and Hotel agree as
follows:
1. Definitions
1.1 "Base TOT Amount" shall mean 1.25% of the verified project investment which
shall be all project investment costs, including, but not limited to all design, engineering, and
construction costs associated with the four-star hotel project, including all related amenities,
facilities, appurtenances, and conditioned public improvements, relating thereto, and including
all materials and labor relating thereto,but excluding the land value or land acquisition costs.
61147.80002131323065.14
10/24/18
1.2 "Commencement Date" shall mean January 1st of the year following the first day
of the Project's commercial operation.
1.3 "Conditioned Public Improvements" shall mean those certain improvements
described in City Council Resolution 10-10-05-05 (Exhibit E to the "Development Agreement")
and Exhibit B to this Agreement as listed below:.
Condition 48: Water System
Condition 49: Water Hydrants
Condition 64: Street Improvement Plans [for sidewalks and street lights]
Condition 105: Replace Driveway and Curb Depressions with Sidewalk and Curbs
Condition 117: Utility Undergrounding on Street Frontages
Mitigation Measure 4.11.201b: 12 Inch High Pressure Line
1.4 "De minimis Amount" shall mean 1.75% of the total Project cost, including the
land value or land acquisition costs, or such other amount as determined by the Courts or the
Department of Industrial Relations. For the avoidance of doubt, the land value and land
acquisition costs are included in the De minimis Amount, but are excluded from the Base TOT
Amount.
1.5 "Development Agreement" shall mean that certain Development Agreement
entered into by and between City and Stroscher G3, LLC dated July 5, 2011.
1.6 "Revenue Sharing Cap" shall mean the greater of the actual verified cost
expended to design and construct the conditioned public improvements or the De minimis
Amount.
1.7 "Revenue Sharing Payment" shall mean the annual City payment to Hotel of the
Shared TOT Amount, until the cumulative amount of all Revenue Sharing Payments equals the
Revenue Sharing Cap. Each Revenue Sharing Payment contemplated under this Agreement
shall be within the annual appropriations limit of the City for the applicable fiscal year
established in accordance with California Constitution Article XIIIB and contingent upon
Hotel's compliance with all terms of this Agreement.
1.8 "Revenue Sharing Termination Date" shall mean the tenth anniversary of the
Commencement Date or when the Revenue Sharing Cap selected by the Hotel pursuant to
Section 3.2 has been reached, whichever shall occur first.
1.9 "Shared TOT Amount" shall be an amount equal to fifty percent (50%) of the
TOT that is received by the City for lodging activity occurring at the Project during each
calendar year exceeding the Base TOT Amount, until the cumulative amount of all payments of
the Shared TOT Amount is equal to the Revenue Sharing Cap.
61147.80002131323065.14
10/24/18 2
2. Agreement Assumptions and Hotel Revenue Sharing Cap Selection
2.1 For this Project, Hotel has provided the following assumptions:
2.1.1 The Base TOT Amount for this Project is anticipated to be approximately
$475,874 annually.
2.1.2 The total Project cost, including land and acquisition costs, is anticipated
to be less than$50,000,000 (See Section 4.1 for audit confirmation).
2.1.3 The Conditioned Public Improvements cost are anticipated to be
approximately $1,998,500 (See Section 4.1 for audit confirmation).
2.1.4 The De minimis Amount, pursuant to case law interpreting Labor Code
Section 1720(c)(3), is anticipated to be less than $875,000, which is significantly less than the
amount of the Conditioned Public Improvement costs.
2.2 Based upon these assumptions and following the audit confirmation of costs as set
forth in Section 4.1, below, it is anticipated that the Revenue Sharing Cap will be an amount
equal to or less than (and in no event more than) the actual, verified, cost expended to design and
construct the Conditioned Public Improvements for the Project.
3. Revenue Sharing Payment Commitment and Conditions on Payment.
3.1 In consideration for Hotel's operation of the Project on the Property and the other
conditions and covenants provided for herein, if and when the Hotel is built and operated on the
Property, and all conditions precedent to Revenue Sharing Payment have been satisfied, the City
shall annually pay to Hotel the Shared TOT Amount for the immediately preceding calendar year
until such time as the Revenue Sharing Cap, selected in Section 2.2 above, has been reached.
3.2 TOT to be included in the Revenue Sharing Payment shall be the TOT generated
by the Project following the Commencement Date and shall continue annually until Revenue
Sharing Termination Date.
3.3 Hotel shall at all times remit to City full payment of TOT as required by the
City's Municipal Code. The annual Revenue Sharing Payment for each applicable calendar year
shall be made within sixty (60) days of the receipt by the City of the full amount of TOT that is
due to the City for Project lodging activity occurring during that calendar year.
3.4 Notwithstanding any other provision of this Agreement, the City shall only make
Revenue Sharing Payments pursuant to this Agreement on a calendar year by calendar year basis
from TOT revenues due to the City for lodging activity at the Project that occurred during each
respective calendar year in exchange for consideration received from the Hotel to the City during
that same calendar year.
3.5 In the event of a breach by the City with respect to Revenue Sharing Payments
provided for under this Agreement Hotel agrees to waive any right to acceleration of all future
61147.80002131323065.14
10/24/18 3
Revenue Sharing Payments. The Hotel shall only be able to pursue collection. of Revenue
Sharing Payment on an individual calendar year basis, as such payments became due.
4. Conditions Precedent to Receipt of Revenue Sharing Payment. As a condition precedent
to payment, Hotel shall complete the following conditions:
4.1 The Conditioned Public Improvements shall have been installed and inspected by
the City Engineer to ascertain that the Conditioned Public Improvements are complete,
acceptable to the City, and in accordance with the conditions of the Development Agreement.
Hotel shall have made available to an audit firm selected by the City for inspection (but not
copying or retention), accounting reports that itemize the costs of the Conditioned Public
Improvements and total Project costs, as well as all documentation supporting such costs,
including vendor invoices that clearly identify their association to the specified improvements.
The audit firm shall have subjected the costs so itemized to auditing procedures in accordance
with a scope of work approved by the City, which shall have resulted in a report that supports the
Hotel's representation as to the total Project costs and the cost of all Conditioned Public
Improvements. These auditing procedures shall be performed at the sole cost and expense of the
Hotel.
4.2 Hotel shall commence commercial operation of the Project by December 31,
2021. If Hotel fails to commence commercial operation prior to that date, then the City, in its
sole discretion, may terminate this Agreement by delivering written notice of such termination to
Hotel. Following such termination, neither Party shall have any further rights, duties or
obligations hereunder, and the City shall have no obligation to make any Revenue Sharing
Payment, provided however that if this Agreement is not so terminated and Hotel subsequently
commences operation, the terms of this Agreement shall apply and the City's right to terminate
shall be void. Additionally, the foregoing shall not prohibit the Hotel from re-applying under
City Council Policy 135 if the Hotel commences commercial operation at a later date.
4.3 Be at all times operated and able to demonstrate full compliance as either a four-
star or above hotel under the Forbes Travel Guide star criteria, or as a four diamond or above
hotel under the American Automobile Association (AAA) diamond ratings or equivalent if a
later, generally acceptable rating service becomes available that is acceptable to the City
Council, in their sole discretion. Approval requirements include a thorough certification of
property characteristics such as cleanliness and condition, management and staff, exterior,
grounds and public areas, guestroom decor, ambiance, amenities, bathrooms, and guest services.
Confirmation that the Project is operating as a four-star or above, or four-diamond or above, or
equivalent hotel, shall be provided to City prior to the Commencement Date by a written
certification to be provided by the Hotel, at Hotel's sole cost and expense, resulting from an
independent third party audit by an auditor or consultant approved by the City, in City's
reasonable discretion. This certification shall be conducted on an annual basis at Hotel's sole
cost and expense.
4.4 At all times the Project shall include at a minimum the following amenities to the
extent (i)approved by the City and any other governmental agency with approval authority over
such amenities and (ii)required to obtain a four-star or above, or four-diamond or above, or
equivalent rating designation:
61147.80002\31323065.14
10/24/18 4
4.4.1 Full service spa;
4.4.2 Outdoor pool and Jacuzzi;
4.4.3 Fitness room;
4.4.4 Valet parking during peak operating periods;
4.4.5 Room service; and
4.4.6 Event center
5. Public Benefit and Purpose. The City Council has determined that encouraging economic
development, including private investment that involves creation of new jobs and income in the
City, or the retention of existing jobs and income that would otherwise be lost or be unavailable
to the residents of the City, is a valid exercise of its powers and provides an important public
benefit and serves an important public purpose. By authorizing the City Manager to enter into
this Agreement, the City Council has determined that the benefits accruing as a result of the
transactions contemplated by this Agreement, including, without limitation, (i) direct benefits
such as the increase in high quality hotel rooms and their role in increasing tourism; (ii)
increased revenues from property, sales, parking, business license, utility and TOT, (iii)
enhanced economic opportunities generated by the development of a new hotel serving the City,
and (iv) the acceleration of quality jobs and infrastructure to the City represent fair consideration
for all of the obligations to be undertaken by the City as contemplated by this Agreement.
6. Indemnification. Hotel shall defend, assume all responsibility for and hold the City, its
council members, officers and employees, harmless from all demands, claims, actions and
damages, of whatever type or nature, including all costs of defense and attorneys' fees, to any
person or property arising out of or related to this Agreement, or caused by any of Hotel's
activities under this Agreement, whether such activities or performance thereof by Hotel or
anyone directly or indirectly employed or contracted with by Hotel and whether such damage
shall accrue or be discovered before or after commencement of operation of the Project.
7. Default.
7.1 Defaults. Any one or all of the following events shall constitute a default by
Hotel:
7.1.1 Any misleading statement, misrepresentation or warranty of Hotel herein
or in any other writing at any time furnished by Hotel to the City expressly relating to this
Agreement that materially harms the City or materially diminishes the benefit of the Agreement
to the City;
7.1.2 Nonperformance when due of any of the obligations described herein, or
failure to perform any obligation or covenant contained herein including, without limitation,
noncompliance with Section 4.3;
61147.80002\31323065.14
10/24/18 5
7.1.3 The filing by or against Hotel of a petition for relief under the Bankruptcy
Reform Act of 1978 or any bankruptcy or debtor relief law;
7.1.4 A general assignment by Hotel for the benefit of creditors or the
appointment of any receiver or trustee of all or any portion of the assets of Hotel; and
7.1.5 The transfer or assignment of this Agreement without approval by the
City.
7.1.6 Failure to maintain status as a four-star or above hotel under the Forbes
Travel Guide star criteria, or as a four diamond or above hotel under the American Automobile
Association (AAA) diamond ratings or equivalent if a later, generally acceptable rating service
becomes available that is acceptable to the City Council, in their sole discretion.
7.1.7 Nonperformance under any entitlement, development permit, or other
agreement between Hotel, any affiliates or related entities of Hotel, and the City related to the
Property or the Project, including but not limited to:
(a) Architectural Control 18-024;
(b) Agreement Relating To Encroachment For Landscaping and
Parking for the Plaza Banderas Hotel Development Over an Unused Portion of City Highway
Easement;
(c) Joint Nondisclosure, Indemnity, and Litigation Defense Agreement
by and between the City of San Juan Capistrano, California and Mission Commercial Properties,
Inc.
7.2 Remedies. Upon the occurrence of a default which remains uncured by Hotel
within ten(10) business days of its receipt of written notice from City of such default (or up to
thirty(30) days if such default is not capable of being cured within such ten(10)-business day
period provided that Hotel commences its cure within such ten(10)-business day period), the
City, at its option, may declare this Agreement to be in default and, in such event, the City shall
have the right to terminate this Agreement, in which event the City shall have no further
obligation to disburse all or any portion of Revenue Sharing Payment.
7.3 No Liability of City Member. No City Council Member, official or employee of
the City shall be personally liable to Hotel, or any successor in interest, in the event of any
default or breach by City under this Agreement or for any amount which may become due to
Hotel or any successor or on any obligations under the terms of this Agreement.
8. Compliance With Governmental Regulations.
8.1 Hotel shall, at its sole cost and expense, comply with all applicable municipal,
county, state and federal laws, rules, regulations and ordinances now in force, or which may
hereafter be in force, pertaining to its activities contemplated under this Agreement, including,
but not limited to, issuance of building and use permits and compliance with all federal and state
labor laws (collectively, "Laws"). Supplementing the indemnity set forth in Section 7 above,
61147.80002\31323065.14
10/24/18 6
Hotel shall defend, indemnify and hold the City, its elected officials, officers, members,
employees and agents free and harmless from any claims, liabilities, costs, penalties or interest
arising out of any failure or alleged failure of Hotel to comply with such Laws relating to this
Agreement.
9. Payment of Prevailing Wages.
9.1 By its execution of this Agreement, Hotel certifies that it is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as
California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on
certain "public works" and "maintenance" projects. Hotel acknowledges that the City has made
no representation, express or implied, to Hotel or any person associated with Hotel regarding
whether or not laborers employed relative to the construction, installation or maintenance of
improvements on the Property, if any, must be paid the prevailing per diem wage rate for their
labor classification, as determined by the State of California, pursuant to Prevailing Wage Laws.
Hotel agrees with the City that Hotel shall assume the responsibility and be solely responsible for
determining whether or not laborers employed relative to any construction of capital
improvements or maintenance on the Property must be paid the prevailing per diem wage rate for
their labor classification. If the project being performed is an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Hotel agrees to fully comply
with such Prevailing Wage Laws. If required, Hotel shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the work on the
project available to interested parties upon request, and shall post copies at the Hotel's principal
place of business and the project site.
9.1.1 Hotel, on behalf of itself, its successors, and assigns, waives and releases
the City from any right of action that may be available to any of them pursuant to California
Labor Code Sections 1726 and 1781. Hotel acknowledge the protections of California Civil
Code Section 1542 relative to the waiver and release contained in this Section 8.1.1, which reads
as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER
SETTLEMENT WITH THE DEBTOR.
BY INITIALING BELOW, HOTEL KNOWINGLY AND VOLUNTARILY
WANES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542
SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF
THIS SECTION 8.
-i
Hi to
7
61147 8(X)13\315270882
9.2 Additionally, Hotel shall indemnify, defend with counsel reasonably acceptable to
the City and Hotel and hold harmless the City against any claims pursuant to California Labor
Code Section 1781 arising from this Agreement or the construction, installation or maintenance
of any improvements on the Property, in accordance with the terms of Section 8 of this
Agreement. The Parties agree that representation by the City Attorney's office acceptable.
9.3 Notwithstanding any other provision of this Agreement, the City shall not be
under any duty to monitor or ensure the compliance of Hotel with any State of California labor
laws, including, without limitation, prevailing wage laws.
10. Miscellaneous Provisions.
10.1 Transfer or Assignment. Hotel shall not transfer or assign this Agreement without
prior written approval by the City. Approval of any such transfer or assignment shall be at the
sole discretion of the City, provided that, as the parties acknowledge that Hotel will likely
monetize this Agreement as part of its project financing City shall not unreasonably withhold,
condition or delay its consent to a pledge or assignment of this Agreement (or rights under this
Agreement) as part of the capital financing for the project. Such financing approval may be
granted by the City Manager without further action of the City Council.
10.2 Interest of Members of City. No member of the City Council of City and no other
officer, employee or agent of the City who exercises any functions or responsibilities in
connection with the carrying out of the City's work shall have any personal interest, direct or
indirect, in this Agreement.
10.3 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, to the jurisdiction of which the Parties hereto
submit.
10.4 Time of the Essence. Time is of the essence of each and every provision of this
Agreement.
10.5 Notices. Notices or other communications given under this Agreement shall be in
writing and shall be served personally or transmitted by first class mail, postage prepaid. Notices
shall be deemed received either at the time of actual receipt or, if mailed in accordance herewith,
on the third (3rd) business day after mailing, whichever occurs first. Notices shall be directed to
the parties at the following addresses or at such other addresses as the parties may indicate by
notice:
City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: City Manager
Hotel: South Coast Investors II, LLC
31866 Camino Capistrano
San Juan Capistrano, CA 92675
61147.80002\31323065.14
10/24/18 8
(949) 496-1316 . .
Attention: Dan Friess
With Copy to: Mission Commercial Properties, Inc.
31866 Camino Capistrano
San Juan Capistrano, CA 92675
(949) 496-1316
Attention: Jake Griffith
10.6 Headings. The titles and headings of the various sections of this Agreement are
intended solely for reference and are not intended to explain, modify or place any interpretation
upon any provision of this Agreement.
10.7 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
ineffective to the extent of such prohibition or invalidity without invalidating the remainder of
such or the remaining provisions of this Agreement.
10.8 Waiver. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executing in writing by the
party making the waiver.
10.9 Number and Gender. As used in this Agreement, the masculine, feminine or
neutral gender, and the singular or plural number, shall each include the others whenever the
context so indicates or requires.
10.10 Further Assurances. The parties shall execute, acknowledge, file or record such
other instruments and statements and shall take such additional action as may be necessary to
carry out the purpose and intent of this Agreement.
10.11 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties' respective heirs, legal representatives, successors and assigns.
10.12 Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior or contemporaneous agreements, representations, warranties and
understandings of the parties concerning the subject matter contained herein, written or oral. No
change, modification, addendum or amendment to any provision of this Agreement shall be valid
unless executed in writing by each Party hereto.
10.13 Attorneys' Fees. In the event of any litigation arising out of this Agreement, the
prevailing Party in such action, or the non-dismissing Party where the dismissal occurs other
than by reason of a settlement, shall be entitled to recover its reasonable costs and expenses,
including, without limitation, reasonable attorneys' fees and costs paid or incurred in good faith.
The "prevailing party," for purposes of this Agreement, shall be deemed to be that Party who
obtains substantially the result sought, whether by settlement, dismissal or judgment.
61147.80002\31323065.14
10/24/18 9
10.14 Amendment. This Agreement may be amended only by a written instrument
signed by both City and the Hotel.
[signatures on following page]
61147.80002\31323065.14
10/24/18 10
Signature Page
to
Transient Occupancy Taxes
Revenue Sharing Agreement
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day
and year first above written.
CITY: HOTEL:
CITY OF SAN JUAN CAPISTRANO, SOUTH COAST INVESTORS II, LLC,
a California municipal corporation a limited liability company
By: By: RIVENDELL LAND COMPANY, INC.
Benjamin Siegel a Calif. us.. _e e• . '•n
City Manager ' s Member
By.
Attest: illiam . Gri h
Presiden
By:
Maria Morris
City Clerk
Approved as to form:
Best Best & Krieger LLP
By:
City Attorney
11
61147.80013\31527088 2
Signature Page
to
Transient Occupancy Taxes
Revenue Sharing Agreement
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day
and year first above written.
CITY: HOTEL:
CITY OF SAN JUAN CAPISTRANO, SOUTH COAST INVESTORS II, LLC,
a California municipal corpor- +on a limited liability company
By: By:
-n am • gel [NAME]
City anager [TITLE]
Attest:
By: ,/,r or
.r'- Mo , s
City Clerk
Approved as to form:
Best Best & Krieger LLP
By:
City Attorney
61147.80002\31323065 14
10/24/18 1 1
Signature Page
to
Transient Occupancy Taxes
Revenue Sharing Agreement
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day
and year first above written.
CITY: HOTEL:
CITY OF SAN JUAN CAPISTRANO, SOUTH COAST INVESTORS II, LLC,
a California municipal corporation a limited liability company
By: By: RIVENDELL LAND COMPANY, INC.
Benjamin Siegel a California corporation,
City Manager its Member
By:
Attest: William J. Griffith
President
By:
Maria Moms
City Clerk
Approved as to form:
Best Best&Krieger LLP
By: `'0" 0,e z7g4
Ci • ttorney
61147.80002\31323065.14
10/24/18 l 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
61147.80002\31323065.14
10/24/18
LEGAL DESCRIPTION
Real property in the City of San Juan Capistrano, County of Orange, State of California, described
as follows:
PARCEL 1:
PARCEL 1 AS SHOWN ON EXHIBIT'A'ATTACHED TO LOT LINE ADJUSTMENT(LLA 15-004)
MISSION INN RECORDED MARCH 23, 2016 AS INSTRUMENT NO. 2016000121271 OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE CI t Y OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
A PORTION OF LOT 12 OF TRACT NO. 103 FILED IN BOOK 11, PAGES 29 THROUGH 33 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12, THENCE ALONG THE SOUTHERLY
LINE OF SAID LOT, SOUTH 81°19'47"EAST 67.38 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN 80.00 FEET STRIP OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED JUNE 28, 1940 IN BOOK 1049, PAGE 349 OF OFFICIAL RECORDS IN SAID COUNTY,
SAID LINE BEING PARALLEL WITH AND DISTANT NORTHERLY 40.00 FEET FROM THE
CENTERLINE OF ORTEGA HIGHWAY AS SHOWN ON RECORD OF SURVEY 2009-1078 FILED IN
BOOK 246, PAGES 32 THROUGH 43 OF RECORDS OF SURVEYS IN THE OFFICE ON THE COUNTY
SURVEYOR OF SAID COUNTY; THENCE ALONG SAID NORTHERLY AND PARALLEL LINE THE
FOLLOWING TWO COURSES:
1) SOUTH 84°43'58"EAST 4.32 FEET,TO THE BEING TO THE BEGINNING OF A CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 960.00 FEET,
2) EASTERLY ALONG SAID CURVE 69.31 FEET THROUGH A CENTRAL ANGLE OF 4°08'12"TO
THE NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED NOVEMBER 21, 1957 IN BOOK 4110, PAGE 520 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHWES 1 1_RLY LINE THE FOLLOWING THREE(3)
COURSES:
1) NORTH 73°0222"EAST 119.14 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHERLY HAVING A RADIUS OF 729.69 FEET, A RADIAL BEARING TO SAID POINT
BEARS SOUTH 08°55'33" EAST,
2) EASTERLY ALONG SAID CURVE 144.00 FEET THROUGH A CENTRAL ANGLE OF 11°1825",
3) AND NORTH 69°46'02" EAST 282.05 FEET TO THE SOUTHWES i LRLY LINE OF THE LAND
DESCRIBED AS PARCEL 2 OF SAID DEED RECORDED NOVEMBER 21, 1957 IN BOOK 4110, PAGE
520 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWES t LRLY UNE NORTH 58°27'15"
WEST 174.45 FEET TO THE NORTHERLY LINE OF SAID LOT 12; THENCE ALONG SAID
NORTHERLY LINE; NORTH 84°27'02"WEST 435.39 FEET TO A POINT THAT IS DISTANT SOUTH
84°27'02"EAST 120.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT;THENCE
PERPENDICULAR SOUTH 05°32'58"WEST 60.00 FEET; THENCE PERPENDICULAR NORTH
84°27'02"WEST 105.22 FEET TO THE WEST LINE OF SAID LOT; THENCE ALONG SAID WEST
LINE SOUTH 8°17'56" EAST 240.41 FEET TO THE POINT OF BEGINNING.
APN: 124-170-14, AND PORTIONS OF 124-170-17, 124-170-18 AND 124-170-19
PARCEL 2:
THAT PORTION OF LOT 12 OF TRACT NO. 103, IN THE CITY OF SAN JUAN CAPISTRANO,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11,
PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12;THENCE SOUTH 00°29'25"
WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.60 FEET TO THE TRUE
POINT OF BEGINNING;THENCE SOUTH 00°2925"WEST ALONG THE WESTERLY LINE OF SAID
LOT 12 A DISTANCE OF 48.11 FEET; THENCE SOUTH 69°45'38"WEST ALONG A LINE PARALLEL
WITH AND DISTANT NORTHERLY 40.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE
CENTER LINE OF ORTEGA HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF
CALIFORNIA RECORDED JUNE 28, 1940 IN BOOK 1049, PAGE 349 OF OFFICIAL RECORDS, A
DISTANCE OF 177.30 FEET TO A POINT OF TANGENCY WITH A CURVE,CONCAVE NORTHERLY,
HAVING A RADIUS OF 960.00 FEET;THENCE WES(ERLY ALONG SAID CURVE,THROUGH A
CENTRAL ANGLE OF 21°21'48", A DISTANCE OF 357.95 FEET;THENCE NORTH 73°01'58" EAST,
A DISTANCE OF 119.12 FEET TO A POINT OF NON TANGENCY WITH A CURVE, CONCAVE
NORTHERLY HAVING A RADIUS OF 729.69 FEET; THENCE EASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 11°18'25", A DISTANCE OF 144.00 FEET,THENCE NORTH
69°45'38" EAST, A DISTANCE OF 282.05 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM A PORTION OF SAID LAND,ALL OIL, OIL RIGHTS, MINERALS,
MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY
WHATSOVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND
HEREINABOVE DESCRIBED; TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING,
EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY
OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS
AND SHA(-(S INTO,THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE
DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,
AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES, WITHOUT, HOWEVER,THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY
OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS,AS EXCEPTED IN A DEED BY
HERBERT T. STROSCHEIN, ET UX, RECORDED NOVEMBER 21, 1957 IN BOOK 4110, PAGE 520
OF OFFICIAL RECORDS.
APN: PORTIONS OF 124-170-17, 124-170-18 AND 124-170-19
PARCEL 3:
THAT PORTION OF LOTS 12 AND 13 OF TRACT NO. 103, AS PER MAP RECORDED IN BOOK 11,
PAGES 29 THROUGH 33 OF MISCELLANEOUS MAPS AND THAT PORTION OF THE NORTH HALF
OF ORTEGA HIGHWAY AS SHOWN ON SAID MAP LYING ADJACENT TO SAID LOT 12 WHICH
UPON VACATION BY THE CITY OF SAN JUAN CAPISTRANO WOULD REVERT TO SAID LOT BY
OPERATION OF LAW;TOGETHER WITH A PORTION OF PARCEL 1 OF A PARCEL MAP FILED IN
BOOK 51, PAGE 14 OF PARCEL MAPS;TOGETHER WITH A PORTION OF PARCEL 2 OF A PARCEL
MAP FILED IN BOOK 65, PAGE 17 OF PARCEL MAPS; AND TOGETHER WITH A PORTION OF
PARCEL 1 OF PARCEL MAP NO. 96-159 FILED IN BOOK 306, PAGES 7 AND 8 OF PARCEL MAPS,
ALL IN THE CI(Y OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA,
ALL MAPS HAVING BEEN FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF EL CAMINO REAL AND ORTEGA HIGHWAY; THENCE
SOUTH 84° 44'22"EAST 18.20 FEET, ALONG THE CENTERLINE OF ORTEGA HIGHWAY;THENCE
PERPENDICULAR TO SAID CENTERLINE, NORTH 5° 15'38"EAST 44.00 FEET TO THE
SOUTHWEST CORNER OF LOT 12;THENCE ALONG THE SOUTHERLY LINE OF LOT 12 SOUTH
81° 18'45"EAST 66.92 FEET TO THE POINT OF BEGINNING, CONTINUING ALONG THE SOUTH
LINE OF LOT 12 SOUTH 81° 18'45"EAST 9.75 FEET; THENCE SOUTH 84°42'34"EAST 104.96
FEET TO THE BEGINNING OF A CURVE CONCAVED SOUTHWESTERLY, HAVING A RADIUS OF
707.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
16° 30' 10"AN ARC DISTANCE OF 203.63 FEET;THENCE SOUTH 68° 12'24"EAST 37.90 FEET;
THENCE NORTH 21° 47'36"EAST 4.96 FEET TO THE BEGINNING OF A NONTANGENT CURVE
CONCAVED NORTHERLY, HAVING A RADIUS OF 51.80 FEET,TO WHICH A RADIAL LINE BEARS
SOUTH 21° 47'36"WEST;THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 35°41'44"AN ARC DISTANCE OF 32.27 FEET;THENCE NORTH 76° 05'52"EAST
6.84 FEET TO THE BEGINNING OF A CURVE CONCAVED NORTHWESTERLY, HAVING A RADIUS
OF 19.50 FEET;THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°
02' 11"AN ARC DISTANCE OF 12.26 FEET;THENCE NORTH 40° 03'41"EAST 25.84 FEET;
THENCE SOUTH 51° 57'46"EAST 5.08 FEET;THENCE NORTH 38°02' 14"EAST 6.48 FEET TO
THE BEGINNING OF CURVE CONCAVED NORTHWESTERLY, HAVING A RADIUS OF 140.50 FEET;
THENCE NORTHEAST ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 54'27"AN
ARC DISTANCE OF 14.49 FEET;THENCE NORTH 32°07'47"EAST 18.15 FEET TO THE
BEGINNING OF CURVE CONCAVED SOUTHEASTERLY, HAVING A RADIUS OF 227.00 FEET;
THENCE NORTHEAST ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 50'43"AN
ARC DISTANCE OF 19.20 FEET;THENCE NORTH 36° 58'30"EAST 16.07 FEET TO THE
BEGINNING OF A CURVE CONCAVED SOUTHEASTERLY, HAVING A RADIUS OF 423.00 FEET;
THENCE NORTHEAS I ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 47'33"AN
ARC DISTANCE OF 28.00 FEL' TO THE BEGINNING OF COMPOUND CURVE CONCAVED
SOUTHEAS I ERLY, HAVING A RADIUS OF 78.50 FEET, TO WHICH A RADIAL LINE BEARS NORTH
49° 13'56"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 15°47' 12"AN ARC DISTANCE OF 21.63 FEET; THENCE NORTH 56° 32'28" EAST
36.45 FEET TO THE BEGINNING OF A CURVE CONCAVED NORTHWES I tRLY, HAVING A RADIUS
OF 188.50 FEET;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 8° 22'00"AN ARC DISTANCE OF 27.53 FEET TO THE BEGINNING OF A REVERSE CURVE
CONCAVED SOUTHEAS I ERLY, HAVING A RADIUS OF 353.00 FEET,TO WHICH A RADIAL LINE
BEARS NORTH 41° 49'32"WEST;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 5° 16' 18"AN ARC DISTANCE OF 32.48 FEET TO A POINT ON THE
SOUTHERLY LINE OF THAT DEED RECORDED NOVEMBER 21, 1957 IN BOOK 4110, PAGE 520 OF
OFFICIAL RECORDS OF THE COUNTY OF ORANGE; THENCE ALONG SAID SOUTHERLY LINE
SOUTH 69°45'38"WEST 155.99 FEET TO THE BEGINNING OF A CURVE CONCAVED
NORTHERLY, HAVING A RADIUS OF 960.00 FEET; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25° 30'00"AN ARC DISTANCE OF 427.26 FEET TO A POINT
40.00 FEET DISTANT AND PERPENDICULAR TO THE CENTERLINE OF ORTEGA HIGHWAY;
THENCE ALONG A LINE PARALLEL TO SAID CENTERLINE, NORTH 84°44'22"WEST 4.82 FEET
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A PORTION OF SAID LOT 12, ALL OIL, OIL RIGHTS, MINERALS,
MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY
WHATSOVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND
HEREINABOVE DESCRIBED; TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING,
EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY
OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE
FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS,TUNNELS
AND SHAT-I S INTO, THROUGH OR ACROSS TTIE SUBSURFACE OF THE LAND HEREINABOVE
DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,
TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF,
AND TO REDRILL,RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH
WELLS OR MINES, WITHOUT, HOWEVER,THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE
THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY
OF ANY HIGHWAY THAT MAY BE CONSTRUL(ED ON SAID LANDS, AS EXCEPTED IN A DEED BY
HERBERT T. STROSCHEIN, ET UX, RECORDED NOVEMBER 21, 1957 IN BOOK 4110, PAGE 520
OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM A PORTION OF SAID LOTS 12 AND 13, ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE
PARCEL OF LAND HEREINABOVE DESCRIBED;TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM
SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS
WELLS,TUNNELS AND SHA►-I S INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND
HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR
LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND
OPERATE ANY SUCH WELLS OR MINES,WITHOUT, HOWEVER,THE RIGHT TO DRILL, MINE,
EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR OTHERWISE IN SUCH MANNER AS
TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONS I RUCTED ON SAID LANDS,
AS EXCEPTED IN A DEED BY HERBERT T. STROSCHEIN, ET UX, RECORDED NOVEMBER 21, 1957
IN BOOK 4110, PAGE 524 OF OFFICIAL RECORDS.
NOTE: THE ABOVE LEGAL DESCRIPTION IS FOR THE SOLE PURPOSE OF THIS REPORT AND
MAY NOT BE CONSIDERED FOR USE IN ANY POLICY ISSUED BY THIS COMPANY, AND IS
SUBJECT TO CHANGE AT ANY TIME.
APN: PORTIONS OF 668-241-37, 668-241-32 AND 124-160-61, AND ADJACENT TO 124-170-14,
124-170-17, 124-170-18 AND 124-170-19
EXHIBIT B
CONDITIONED PUBLIC IMPROVEMENTS
The attached City Council Resolution #10-10-05-05 "Conditions of Approval" contain all
conditions of approval. Only the conditions defined under Section 1.3 "Conditioned Public
Improvements" of this Agreement may be considered in determining the "Revenue Sharing Cap"
defined in Section 1.6.
61147.80002\31323065.14
10/24/18
CC RESOLUTION # 10-10-05-05 l"'A
CONDITIONS OF APPROVAL
PROJECT LOG#: General Plan Amendment (GPA) 10-001, Rezone (RZ) 10-001,
Architectural Control (AC) 10-002, Grading Plan Modification (GPM) 10-
001, Tree Removal Permit (TRP) 10-003, Floodplain Land Use Permit
(FP) 10-001, Tentative Parcel Map (TPM 10-001).
PROJECT NAME: Plaza Banderas Hotel
APPROVAL DATE: October 5, 2010
EFFECTIVE DATE: October 5, 2010
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.
General Conditions:
1. The subject project proposes a mixed-use development that encompasses a 74,973
square foot, 124-room hotel, approximately 14,500 square feet of commercial land
uses, including 6,509 square feet of retail commercial floor area, a 5,747 square foot
restaurant, and a 1,971 square foot private office on an existing 3.18 acre property
located at 26871 & 26891 Ortega Highway and generally located at the northeast
corner of Ortega Highway and El Camino Real (APN124 -170 -12,14,15,16)
(Applicant: Stroscher G3, Gretchen Stroscher Thomson). This project approval is
based on and subject to the application materials prepared by Doug Lee, Lee &
Sakahara Architects and Land Concern dated and revised to June 16, 2010 including
site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s),
preliminary grading plan(s), tree removal plan(s), and any other plans. 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. 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.
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, stamped and signed, if 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, Design Review Committee, or Development Services Director. The City
Exhibit E
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 2 of 21
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. Approval of this project shall become effective on the date that the Ordinance
adopting Rezone #10-001; Plaza Banderas Hotel Comprehensive Development Plan;
Plaza Banderas Hotel Development Agreement becomes effective (i.e. City Council
first reading introduction, second reading adoption, and 30 days after adoption).
7, This approval is contingent upon the concurrent approval of Tentative Tract Parcel
(TPM) Map #10-001; and shall become null and void upon the expiration of said
concurrent approval.
8. 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.
9. 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.
10. 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.
11. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building Division prior to issuance of any permits, final inspections,
utility releases and/or release of securities, as specified in these conditions. (DS-BD)
13. In conjunction with these conditions of approval, the project shall adhere to and
comply with all Mitigation Measures (MM's) that are listed in the Environmental
Impact Report (EIR) for Plaza Banderas Hotel mixed use Project in accordance with
the Mitigation, Monitoring and Reporting Program.
The following conditions of approval shall be met prior to issuance of grading permits for
the project.
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel _ Page 3 of 21
14. Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall
fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water fee schedule, as last revised, and post securities to
ensure satisfactory performance of proposed on-site and off-site grading, drainage,
landscape and irrigation, erosion and sediment control, sewer, domestic water,
recycled water, street, and all appurtenant improvements. (PW-ENG)
15. Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, and obtain approval for, an estimate of
quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street improvements,
signing and striping, street lights, storm drains, domestic water, recycled water,
sewer, recreational trails, landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW-ENG)
16. Post Bond/Provide Securities. Prior to issuance of a grading permit,'the applicant
shall provide Performance Bonds/securities for 100% of each estimated improvement
cost as prepared by a Registered Civil Engineer and approved by the City Engineer
and City Attorney for each applicable, but not limited to, street improvements, signing,
signalization, striping and street lights, storm drains, domestic water, recycled water,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes
and open space. In addition, the applicant shall provide Labor and Materials
Bonds/Securities for 100% of the above estimated improvement costs as determined
by the City Engineer. (PW-ENG)
17. Grading Plans. Prior to issuance of a grading permit, the applicant shall submit the
required number of copies of grading plans, prepared by a Registered Civil Engineer,
to the Development Services Department for review and obtain approvals by
applicable departments. Conceptual grading plans shall be subject to review by the
Design Review Committee. Precise grading shall be consistent with the approved
conceptual grading plan and site plan. These plans shall show, at minimum, the limits
of grading, the drainage, any applicable retention/detention basins, sewer, domestic
water, recycled water, trails, parkways, streets and all appurtenant improvements.
The extent of the topography shall be extended enough to determine the geological
and drainage impacts to adjacent properties. The elevations shall correspond with the
orange County benchmark datum. All drainage must be treated prior to being
conveyed to the street or a City approved drainage facility in accordance with the
National Pollutant Discharge Elimination System (NPDES) requirements. In addition,
the grading plans shall show the following information: (PW-ENG/DS)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DS)
b. Show and identify all pedestrian access ways and traffic crossings on the
site plan. Crossings shall be clearly marked, lighted and identified
throughout the interior of the project. Design of these areas shall be
reviewed and approved by the applicable City departments and shall
comply with Title 24 Handicapped Accessibility Standards and City
Building Codes. Where pedestrian aisles cross driveways, enhanced
paving shall be used. (DS)
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001 Plaza Banderas Hotel _._ Page 4 of 21
proposed during grading operations. (DS)
d. Location, height, materials and colors of any retaining walls. (DS)
e. Show the location and method of screening for all ground-mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and domestic and recycled water
appurtenances. All equipment shall be screened from public view.
Screening shall be compatible with main structures and include
landscaping where appropriate. (DS)
f. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (PW-ENG/DS)
g. Show on the grading plans the approved WQMP site map with all
treatment control BMPs. Also, show construction notes for,all treatment
control BMPs, (UTIUENV)
18, Drainage Improvement plans. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review and obtain approval for Drainage
Improvement Plans, specific to the project. These plans shall show locations of all
existing and proposed facilities. All drainage must be treated prior to being conveyed
to the street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System. If an existing downstream drainage facility is
inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly
carry the proposed and altered discharge generated by this project, the applicant
shall then design and provide other alternative methods for properly conveying such
discharge, at applicant cost, in a manner acceptable to the City Engineer. Any
deviation from such requirements shall be subject to City Engineer review and
approval. Every proposed drainage system shall be placed within its proper easement
and appropriately dedicated. (PW-ENG)
19. Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise
grading permit, the applicant shall submit to the City Engineer for review and obtain
approval for a Storm Runoff Management Plan, prepared by a Registered Civil
Engineer showing existing and proposed facilities, hydraulic and hydrologic study and
calculations and the methods of draining on-site and tributary areas without
exceeding the capacity of any impacted street or facility and without negatively
affecting existing downstream drainage systems and properties. Said study shall be
consistent with the City's Master Drainage Plan in accordance with all applicable City
regulations, OCEMA design criteria, and standards. (PW-ENG)
20. Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the
City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine
the seismic safety and soils stability of all proposed grading and development
improvements for the project and preliminary pavement sections and substructure
bedding/backfill recommendations. (PW-ENG)
21. Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review and
shall obtain approval for Erosion and Sediment Control Plans, using Best
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Bandoras Hotel Page 5 of 21
Management Practices prepared by a Registered Civil Engineer. These plans shall
show, in accordance with the NPDES Permit, all temporary and/or permanent erosion
and sediment control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent public
trespass onto certain areas where impounded water may create a hazardous
condition. Since project area is over 1 acre, applicant must file a Notice of intent
(NOl) with the State, and develop a SWPPP, and meet all other General Construction
Permit requirements. Applicant must provide a copy of the NOI prior to obtaining a
grading permit.(PW-ENG-UD)
22. Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement
permits, for importation/exportation of soil in excess of fifty cubic yards in and out of
the project site, 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. The Haul Route Plan shall specify dates, times, and
headways for hauling activities. Prior to commencement of haul activities, the
applicant shall obtain a Haul Route Permit and pay required fees to the Public Works
Department. (PW-ENG)
23. Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for Traffic
Control Plans and final improvement plans for all traffic mitigation improvements,
including both on-site and off-site, as identified in the approved Traffic Study prepared
pursuant to City Council Policy 310. Any exception shall be subject to review and
approval by the City Engineer (PW-ENG)
24. Recycling/Reduce Debris Act of 1989 (CIWMA). 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 program complying with the requirements of the
California integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. Applicant must submit a Construction and
Demolition (C&D) recycling plan, obtain a permit and provide a deposit prior to start of
any demolition or construction. Upon completion of the project, applicant must submit
a C&D recycling report and a refund request within 60 days of the final C of 0,
showing that 50% or more of the C&D material was diverted away from the landfill, in
order to receive the refund back.(PW-ENG)
25. Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise grading
T permit, for any property wholly or partially located within the Special Flood Hazard
Area A, as established by the Federal Insurance Rate Map (FIRM), building pad
elevations may be required to be constructed above a specific elevation, which shall
be confirmed with the Federal Emergency Management Agency (FEMA) during
Grading Plan Design. (PW-ENG)
26. Flood Control Channel Work. Prior to issuance of grading and right-of-way
improvement permits, for any portion of the project containing an earthen flood
control channel, the applicant shall submit to the City Engineer, a clearance from the
appropriate State, Federal, and local agency having jurisdiction over any changes to
the channel. (PW-ENG)
27. Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 6 of 21
improvement permits, the applicant shall provide to the Public Works Director a letter
of verification from the Flood Insurance Administration (FIA) confirming that the
proposed building pad elevations are designed above the minimum specific elevation
required by FIA. (PW-ENG)
28. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to issuance
of grading and right-of-way improvement permits, for any property wholly or partially
located within the 100-year Flood Hazard Area on the Flood Insurance Rate Map
(FIRM), the applicant shall submit to the City Engineer for review and obtain approval
for all documentation required by the Federal Emergency Management Agency
(FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as
required by FEMA. (PW-ENG)
29. Drainage Barrier between Slopes and Streets, Prior to issuance of grading permit,
the grading and street improvement plans shall indicate and show that all street
sections located within 20 feet or less, from the toe of the slope of 10 feet in height or
more, are protected from underground water seepage by providing a positive
drainage barrier system in accordance with City Standard Drawing No. 350. Any
exception shall be subject to review and approval by the City Engineer. (PW-ENG)
30. Connection to City Drain must be Documented and Filed. Prior to issuance of grading
permit, any proposed connections to existing public storm drains system, from on-site
drains, must be approved by the City Engineer. All documentation and revisions to
exiting plans, where points of connections are permitted, shall be provided and
submitted by the applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (PW-ENG)
31. Water Quality Management Plan (WQMP) Requirements and Compliance. Prior to
issuance of grading and right-of-way improvement permits, the applicant shall submit
to the City's stormwater coordinator 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 &
Local implementation Plan and the Clean Water Act. Prior to issuance of C of 0,
applicant must record the Operations and Maintenance (O&M) portion of the WQMP
with the County recorder's office, and provide proof of recordation to the City. Prior to
issuance of the C of 0, applicant's civil engineer must inspect the site and certify that
all BMPs identified and approved in the WQMP have been constructed per plans.
(PW-ENG)
32. NPDES Permit for Grading in Excess of one (i Acre. Prior to issuance of grading
and right-of-way improvement permits, for grading in excess of one (1) acre, the
applicant shall submit a Notice of Intent (NOi) To the California State Water Resource
Control Board for coverage under the State National Pollutant Discharge Elimination
System Program (NPDES) General Permit for storm water discharges associated
with development/construction activity in excess of one (1) acre of land. Evidence that
this requirement has been met shall be submitted to the City Engineer. Applicant shall
place the area of site on the grading plans.(PW-ENG)
CC Resolution#10-10-05-05 Final Conditions of Appmval
GPA 10-001, Plaza Bandoras Hotel Page 7 of 21
33. BMP Control. Applicant shall show all treatment control BMPs on the site plan,
landscaping plans and grading plans. This is required so that the architect, civil
engineer, and landscape architect coordinate and are aware of the BMPs.
(UTIUENV)
34. Public,facilities located in easements. Prior to issuance of grading permits, all public
facilities such as drainage, sewer, domestic water, and recycled water shall be
designed to be located within the public right-of-way or within dedicated easements,
as approved by the City Engineer. (PW-ENG)
35. Existing Easements. Prior to issuance of a grading permit, applicant shall incorporate
into the project design all existing easements within the project boundaries, or obtain
abandonment of said easements from the affected easement 'holder(s). If this
requirement cannot be accomplished, the project shall be redesigned accordingly as
approved by the City. (PW-ENG)
36. Permission to Grade from Others. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer, for any necessary off-site grading, a notarized
written permission from adjacent property owners affected by said off-site grading.
(PW-ENG)
37. Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to the City
Engineer when the pre-developed storm runoff onto any adjacent property is
increased, concentrated, diverted, or changed in any form as required by State law.
Any request to deviate from this requirement shall be subject to review and approval
by the City Engineer. (PW-ENG)
38. Off-site Easements. Prior to issuance of a grading permit, applicant shall obtain and
record off-site easements from the affected property owner(s) for all proposed off-site
improvements (i.e. slopes, street improvements, walls, drainage, etc.), The applicant
shall bear all costs for obtaining said easements. If said easements cannot be
obtained, the project shall be redesigned to incorporate these improvements entirely
within the project boundary as approved by the City. The City Engineer shall have the
right to withhold approval of the affected improvement plans for failure to satisfy this
condition, (PW-ENG)
39. Resource Agency Approval. Prior to issuance of a grading permit, the applicant shall
provide, to the satisfaction of the Development Services Director, written
documentation indicating approval from applicable resource agencies for grading
within delineated wetlands or other jurisdictional areas. (DS)
40. Archaeological Monitoring Plan. Prior to issuance of a grading permit and/or any
ground-disturbing activity, the applicant shall submit a written monitoring plan to the
Development Services Director for review and approval. The monitoring plan shall
specify procedures for field observation; diverting and halting grading to protect finds;
notifying and consulting with concerned parties; significance evaluation of finds;
treatment of finds, including but not limited to the potential need for a research design
and data recovery program in the case of significant finds; and compliance with
Health and Safety Code Section 7050.5 and Public Resources Code Section
15064.5(f) and 5097.98 in the event human remains are encountered. (DS)
CC Resolution #10-10-05-05 Final Conditions of Approval
GPA 10-001_. Plaza Banderas Hotel ___ _ Page 8 of 21
41, Archaeological Monitoring. Prior to issuance of a grading permit, the applicant shall
submit to the Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified Archaeologists for
Orange County) has been retained, including a Native American observed sub-
consultant, to monitor site clearing, grading, and excavation activities, stating the
name, qualifications, and contact information for the archaeologist. (DS)
42. Paleontological Monitor. Prior to issuance of a grading permit, a qualified
paleontologist (defined as a paleontologist on the List of Certified Paleontologists for
Orange County) shall be retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the vicinity of the project
site, as well as monitoring requirements. (DS)
43. Historic Depiction Program. Prior to issuance of a grading permit, the
applicant/developer shall submit a proposed Historic Depiction Program:(HDP) to the
Historic Preservation Manager for review and approval by the Cultural Heritage
Commission (CHC) pursuant to City Council Policy 606. The HDP shall be integrated
into the design of the project. The applicant shall have obtained CHC approval of the
HDP prior to issuance of a building permit. (DS)
_ 44. Revised Plans. Prior to issuance of a grading permit the applicant shall submit a
revised site plan to the Development Services Department for approval which
incorporates changes approved by the Planning Commission or City Council and that
reflects consistency with these conditions of approval and with the City's Design
Guidelines. Six (6) copies of the revised plans are required, except as otherwise
authorized by the Development Services Director. (DS)
_ 45. Orange County Fire Authority (OCFA) Approval, Prior to grading, street improvement
plans, location of fire hydrants in the public right of way, emergency access including
the spine access road. traffic/parking study, and the on-site driveway and loading
zone emergency access areas of the proposed project shall be reviewed and
approved by the Orange County Fire Authority (OCFA).
_ 46. 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 the fire protection requirements to serve the subject
project and shall provide evidence of satisfactory fire flow to OCFA and Public Works
Department-Water. (OCFA/ PW-W)
47. County Surveyor Requirement. Prior to any construction, existing controlling
monumentation shall be protected by tying it out and filing Corner Records with the
County Surveyors Office showing those ties prior to construction. The applicant shall
replace said monumentation in the new surface following construction, and again file
a Corner Record with the County Surveyors Office showing the final monumentation.
(PW-ENG)
48. Water System. Prior to the issuance of grading permit, the applicant shall submit a
plan for a looped domestic water system and a plan for recycled water system. The
loop is to run from a POC in the 350C system at the intersection of El Horno and the
1-5 FWY running to the development and complete the loop with a connection to the
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Sanderas Hotel _ _ Page 9 of 21
350C system again at the intersection of Ortega Hwy and Avenida Los Cerritos. The
line shall be 12-inches in diameter. Since the developer cannot construct the
completion of this line in the as yet unconstructed new bridge across the 1-5 FWY and
Ortega Hwy; the developer is to post bond for sufficient funds for the completion of
this line by the City. Said condition to be addressed under the Development
Agreement. (PW-W)
49. Water Hydrants. Prior to the issuance of grading permit, the applicant shall submit a
plan that shows all water hydrants on the property and fire flow analysis, approved by
OCFA, to Public Works -Water. (PW-W)
50. Utility Plans. Prior to the issuance of grading permit, the applicant shall submit a plan
depicting all existing and proposed water, recycled water, landscape irrigation, sewer,
and storm drainage systems and associated existing and proposed easements. The
Utility Plans need to clearly distinguish between all existing and proposed public and
private water, recycled water, and landscape irrigation improvements. Also, the plans
must clearly identify any proposed public water facility relocations as required by the
City's standard water specifications. To conserve and best use water, the hotel toilets
are required to install low-flow toilets and waterless urinals. (PW-W)
51. Construction Staging Plan. Prior to the issuance of grading permit, the applicant shall
submit a Construction Staging Plan (CSP) that depicts where the construction yard,
trailer and equipment will be located. (UD)
52. Hydrology Analysis. Prior to the issuance of grading permit, the applicant shall submit
a Hydrology Analysis to the Public Works Director for review and approval. (PW-ENG)
The following conditions shall be completed prior to Final Map Approval:
_ 53. Compliance. Prior to final map approval, the Map shall be developed in full
compliance with the State of California Subdivision Map Act and the City of San Juan
Capistrano Municipal Code as last revised except as authorized by the City Council
and/or Planning Commission. (PW-ENG)
54. Pay Fees and Post Sureties. Prior to final map approval, the applicant shall fulfill all
applicable engineering fee requirements in accordance with the City Municipal Code
and post securities to insure satisfaction performance of Survey Monumentation,
Landscaping & irrigation, sewer, water, street and all appurtenant improvements.
(PW-ENG)
55. Tentative Map Compliance and Closure Calculations. Prior to final map approval, the
applicant shall submit to the City Engineer for review and obtain approval for a Final
Map in substantial compliance with the approved Tentative Map. Said Map shall be
accompanied with traverse closure calculations and an updated Title Search Report.
(PW-ENG)
56. CC&R's & Property Owners Association (POA) Maintained Improvements. Prior to
final map approval, the City Engineer shall determine if the applicant will be required
to submit for review and obtain approval of the City's Development Services Director
and City Attorney for, Covenants, Conditions and Restrictions (CC&R's) and/or
property owner's Agreements which shall indicate the common access drive, parking
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 10 of 21
lots and all areas and facilities to be maintained by the Property owners Association.
(DS - PW)
57. Street Access Release. Prior to final map approval, the applicant shall indicate and
show on the Final Parcel Map the following release: "Subdivider hereby releases and
relinquishes to the City of San Juan Capistrano, all vehicular access rights to Ortega
HWY, El Camino Real and Spring Street at the proposed access driveways and
street intersection(s). (PW-ENG)
58. Submission of Digital Map per County Requirement. Prior to recordation of the Final
Parcel Map, the applicant shall submit for review and obtain approval of the Orange
County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance
3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal
including supplying digital copies to the City of the final County Surveyor approved
digital map in a .PXF format. All Digital Submissions shall conform to the latest edition
of the City of San Juan Capistrano Digital Submission Standards. (PW-ENG)
The following conditions shall be completed prior to or in conjunction with the issuance
of building permits:
59. Design Review Committee (DRC) and Planning Commission Review and Approval of
Preliminary Design Plans. Prior to the preparation of construction plans and
specifications, the applicant/developer shall submit the project conceptual design
plans including site plans, building elevations, architectural plans, landscape plans,
lighting plans (including all light fixtures), color & materials board, wall sections, and
door/window schedules to the Development Services Department for review and
recommendation by the Design Review Committee (DRC) and for review and final
action by the Planning Commission. The Design Review Committee and Planning
Commission shall assure that the conceptual design plans are consistent with the
Planning Commission-approved concept-level plans and the City's Architectural
Design Guidelines.
The scope of the Design Review Committee's review and the Planning Commission's
review of the conceptual design plans shall include but not limited to the following:
• Provide a historic San Juan Capistrano design character and avoid contemporary
commercial elements in the two commercial buildings
o Employ simpler, less complex wall planes
o Pedestrian scale, especially in the plaza, courtyard, and semi-public open spaces
o Address the scale of the tower element
o Each building should be true to its architectural style to the greatest extent
possible
o Revise the original Spanish Colonial Revival style as necessary to provide
a historic San Juan Capistrano design character and avoid contemporary
commercial elements in the two commercial buildings and hotel.
• Hotel architecture:
Avoid corner cut-outs and soften building size at the gable ends;
o Employ darker colors, address balcony details, window placements and use of
stone or other non-plaster wall textures
• Landscaping to achieve:
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 11 of 21
c A substantial screen at the periphery of the site to soften views from the freeway
and Ortega Highway between the hotel entrance and Del Obispo Street and i.,,.„...
buffer the hotel from San Juan Elementary School
A careful integration into the hardscape and architecture facing onto the plaza to
create an appropriate interface with the Mission and the downtown area to the
South.
• Address other details consistent with the above, provided that massing and
footprints of the buildings to remain as approved by the City Council.
• Update the Comprehensive Development Plan (CDP) design guidelines
consistent with the revised design plan to be approved by the DRC and PC.
(DS)
60. Design Review Committee (DRC) Review & Approval of Final Construction Plans.
Prior to the submission of the construction plans and specifications to the
Development Services Department for Zoning Compliance review, the
applicant/developer shall submit said plans to the Development Services Department
for review and approval by the Design Review Committee which shall have authority
to determine consistency with the Planning Commission City-approved conceptual
design plans established pursuant to the preceding condition. The Design review
Committee may refer the final construction plans to the Planning Commission for final
determination. (DS)
61. Performance Surety. Prior to the issuance of any building permit, the
applicant/developer shall submit a cash bond or letter of credit in the amount of
$50,000 or one-half of one percent (0.5%) of the total construction cost/value,
whichever is less, as surety to guarantee that the project is constructed in full
compliance with the Design Review Committee (DRC)-approved final construction
plans and specifications. The City shall not release the surety until such time that the
Development Services Department project manager has conducted the final
inspection and determined that the project has been developed and constructed in full
compliance with said plans. (DS)
62. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building Division for review and approval, and shall comply with the
latest City-adopted edition of the California Building Code (CBC) and other applicable
building codes, (DS-BD)
63. Building Construction Plans. Prior to issuance of building permits, the applicant shall
submit final construction plans, building elevations and floor plans to the Building
Division for review and approval by all applicable departments. Such plans shall be
fully dimensioned and in substantial conformance with those plans approved by the
Planning Commission, Design Review Committee, and/or Development Services
Director (as applicable). Plans shall address the following: (DS-BD)
a. The final conditions of approval shall be incorporated into the construction plans
and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof-mounted and building-mounted
equipment shall be demonstrated on the elevations, including but not limited to
kitchen exhaust vents, air conditioning and heating units, utility boxes, and
domestic and recycled water appurtenances. All equipment shall be screened
from public view and designed to be an integral component of the building '.,.:..
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 12 of 21
design. All roof-mounted equipment shall be screened from view by parapet walls
or other architectural means. The applicant shall demonstrate to the satisfaction
of the City Planner that no roof-mounted equipment will be visible from the public
right-of-way. Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts must be
painted to match the surface to which they are attached.
d. Location of all building-mounted light fixtures shall be shown on the elevations. A
detail of said fixtures shall be shown on the elevations, and fixtures shall be
decorative and complementary to the building architecture.
64. Street Improvement Plans. Prior to issuance of building permits, the applicant shall
submit to the City Engineer for review and obtain approval for Street improvement
Plans prepared by a Registered Civil Engineer. Said plans shall be designed per City
standards and shall show all existing and proposed improvements, including but not
limited to street grades, applicable traffic calming devices, striping, signage,
signalization, storm drain, sewer, domestic water, recycled water and all related
appurtenances. In addition, the Street Improvement Plans shall show the following
required improvements for this project: (PW-ENG)
a. Sidewalks shall be provided along the street frontage along Ortega Highway and
El Camino Real as proposed on the project site plan. Sidewalks shall be a
minimum width of seven (7) feet, and shall meet all requirements for disabled
access. Any deviation from City sidewalk requirements shall be reviewed and
approved by the City Engineer,
b. Street lights shall be provided per City standards (Mission bell fixtures on
marbelite poles.
65. Caltrans Permits. Prior to issuance of building permits, any proposed improvement or
work within the State right-of-way shall conform to Caltrans standards and
specifications and shall require an encroachment permit from Caltrans. (PW-ENG)
66. Traffic Control & improvement Plans. Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval for Traffic
Improvement Plans prepared by a Registered Traffic Engineer. These plans shall
show all striping, signage, signalization, and related appurtenances. (PW-ENG)
67. Access Rights Dedication. Access rights shall be granted to the City for the purpose
of allowing access over private drives within the development for all City vehicles,
including police, fire, and other emergency vehicles. The document(s) recording this
access shall be prepared by the applicant for review and approval by the City
Engineer, prior to recordation. (PW-ENG)
68. Sewer, domestic water, and recycled Water Plans. Prior to the issuance of right-of-
way improvements permits, the applicant shall submit to the City Engineer - the
Public Works Director for review, and shall obtain approval for, sewer, domestic
water, and recycled 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
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 13 of 21
sewer manholes shall be lined with polyurethane, or equal approved material, at the
applicant's cost to the satisfaction of the City Engineer (ENG/PW).
69. Wastewater Feasibility Study. Prior to issuance of building and right-of-way permits,
the applicant shall submit to the City Engineer, for review and obtain approval for, a
Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which
evaluates the proposed development project and mitigates its anticipated impact on
the existing Wastewater facilities system. Said study shall be consistent with the
City's Master Plan of Wastewater Facilities and the Special Provisions for the
Construction of Sanitary Sewers. (PW-ENG)
70. On-Site Utility Plans. Prior to issuance of building permits and approval of on-site
utility plans, the applicant shall obtain approval of said plans by the City Engineer,
and shall obtain approval for a Site Plan prepared by a Registered Civil Engineer
showing the sewer, domestic water, and recycled water service lines and their
corresponding points of connection with the City public main lines. (PW-ENG)
71. Trash Enclosure. The site plan shall include the trash enclosure(s) that shall be
covered with solid roof; its floor surface shall be connected to the sewer system
through an inlet in the center with a traffic rated grate, and a concrete apron shall be
constructed in front of the trash enclosure. The site plan shall be specific to the
project which reflects consistency with the City's Sewer and Water standards. (PW-
ENG)
72. Dry Utilities. Prior to issuance of building permits and approval of dry utility plans, the
applicant shall submit to the City Engineer, for review and obtain approval for,
Electrical, Gas, Telephone and Cable Television Installation Plans which include the
size and location of all above ground pedestal, to ensure compatibility with existing
and proposed improvements. Pedestals shall be located in areas with limited visibility
to the general public, and screened with landscaping to the extent feasible. The
applicant shall coordinate with utility providers to ensure that required public
improvements are not in conflict with existing or proposed utilities, and that utility
devices may be screened on the site to the extent practicable. Any exception shall be
subject to review and approval by the City Engineer. (PW-ENG)
73. Water System Improvements. Prior to the issuance of any building permits, the
applicant shall complete the construction of all domestic water system improvements,
recycled water system improvements, and irrigation improvements required to serve
the subject project in compliance with the Municipal Codes, standards, specifications,
the City's water standard specifications, the Rules and Regulations for Users of Non-
domestic Water, and California Health Laws Related to Recycled Water (The Purple
Book). (PW-W)
74. Water Service Connection. Prior to the issuance of a building permit, the project
applicant shall construct a separate water service connection that is adequate to
provide the necessary water demand for landscape irrigation. This water service
connection shall be to a City maintained water main pipeline as specified by Public
Works Department-Water. These connections shall be subject to the submission,
review, and approval of civil improvement plans and the landscape irrigation and •
plumbing plans. The facilities shall be designed in accordance with the City of San
Juan Capistrano's Water Standards and Specifications, Rules and Regulations for
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel __ _ Page 14 of 21
Users of Non-Domestic Water, California Health Laws Related to Recycled Water
(The Purple Book), latest edition of California Plumbing Code, and the Municipal
Code § 9-3.617 (Water Conservation Landscape). The design shall include
improvements that are identified for use of recycled water and shall be connected to
recycled water facilities when they become available. (PW-W)
75. Water Improvement Agreement. Prior to the issuance of permits for any water
improvements, the applicant shall execute a Water Improvement Agreement with the
City, shall pay all applicable domestic and recycled Water Development Charges in
accordance with the Water fees 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-W)
76. Hydraulic Analysis. Prior to submittal of water improvement plans, the applicant shall
submit a hydraulic analysis of the water system to Public Works Water, Eric Bauman,
Water Engineering Manager that demonstrates the existing and proposed water
system improvements will meet the required fire-flow requirements. Upgrade the
onsite water system to 12 inches, (PW-W)
77. Grease Interceptor (Gl). In Conjunction with building permit submittal, a Grease
Interceptor (GI) and an internal oil retention unit will be required for proposed
restaurant. Applicant should review the City's Ordinance No. 956: Use of Sanitary
Sewer facilities by Food Service Establishments (FOG). A Wastewater Discharge
Permit shall be required. Please meet coordinate with Maryam Ramsey (949) 443-
6366. (UD)
78. Sewer Improvement Plans — SOCWA. In Conjunction with building permit submittal,
Developer's engineer is required to submit sewer improvement plans to SOCWA for
review in conjunction with submittal to the City for review and approval. A Non-
Industrial Wastewater Discharge (NIWD lUs) Permit from SOCWA is required. (UD)
79. Covenant In-lieu of Dedication of Water Rights. Prior to the issuance of permits, the
applicant shall record a lessee covenant that it will not develop any wells or other
means of using the water rights associated with this property (hereon referred to as
"Well Development"), nor shall it allow any other party to conduct Well Development,
for the term of the applicant's lease or use of the land. The Public Works Water
Division or its designee shall be the sole water service provider for any and all
improvements made on the land during the term of the applicant's lease of the land.
The language of the covenant must be approved by the City Engineer prior to
recordation. The covenant must be recorded with the County Recorder prior to
issuance of building permits. (UD/ PW-W)
80. Water Availability. Prior to the issuance of any building permits, the applicant shall
provide evidence of adequate fire flow. The "Orange County Fire Authority Water
Availability for Fire Protection" form shall be signed by the applicable water agency
and submitted to the Fire Chief for approval. (OCFA)
81. OCFA Review of Architectural Building Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval of
the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 15 of 21
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
82. Fire Alarm System. Prior to the issuance of a building permit, plans for the fire alarm
system shall be submitted to the Fire Chief for review and approval. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guideline for New and Existing Fire Alarm Systems." This system shall be
operational prior to the issuance of a certificate of use and occupancy. (OCFA)
_
83, Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit, the
applicant shall submit plans for the required automatic fire sprinkler system in all
structures to the Fire Chief for review and approval. Prior to the issuance of a
certificate of use and occupancy, this system shall be operational in a manner
meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 to
request a copy of the "Orange County Fire Authority Notes for New NFPA 13
Commercial Sprinkler Systems.' (OCFA)
84. Fire Access Roads. Prior to the issuance of a building permits, the applicant shall
submit a Fire Master Plan and obtain approval of the Orange County Fire Authority for
all fire protection access roads to within 150 feet of all portions of the exterior of every
structure on site. The plans shall indicate the locations of red curbs and signage and
include a detail of the proposed signage including the height, stroke and colors of the
lettering and the contrasting background. The plans shall also indicate the location(s)
of all fire hydrants proposed for the project. Please contact the OCFA at (714) 573-
6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency
Access." (OCFA)
85. Hazardous Materials. Prior to the issuance of a building permit, the applicant shall
submit to the Fire Chief a list of all hazardous, flammable and combustible liquids,
solids or gases to be stored, used or handled on site. These materials shall be
classified according to the Uniform Fire Code and a document submitted to the Fire
Chief with a summary sheet listing the totals for storage and use for each hazard
class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to
obtain a copy of the "Guidelines for Completing Chemical Classification Packets."
(OCFA)
The following conditions shall be met continuously during construction and/or prior to
issuance of any certificate of occupancy:
86. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW-ENG)
a. Erosion and sedimentation Control Plan, SWPPP
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DS)
f. Handling and disposal of Asbestos-Cement Pipe , appurtenances, and other
hazardous materials shall be in accordance with all applicable State and
Federal requirements
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001. Plaza Banderas Hefei Page 16 of 21
87. Pre-construction Meeting. Contractor shall attend a pre-construction meeting with the
Building and Safety Division prior to commencement of any construction on the site.
(DS)
_ 88. Drainage Problems. During the entire grading a construction operation, the applicant
shall adhere to the following conditions to address unforeseen drainage issues: (PW-
ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW-ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Public Works
Director and shall be subject to supplemental Geotechnical Soils Report
and additional fees. (PW-ENG)
89. Grading to be continuous operation. All grading work shall be performed in either one
continuous operation or in phases that have been approved by the City. (PW-ENG;
DS)
_ 90. Waste Disposal and Sanitation. At all times during construction, the applicant shall
maintain adequate sanitary disposal facilities and solid waste disposal containers on
site. The accumulation of refuse and debris constituting a public nuisance is not
permitted. (PW-ENG)
91. Hazardous Materials. Removal and Disposal of Asbestos-Cement Pipe (ACP) and
Hazardous Materials. Handling, hauling, and legal disposal of ACP and other
hazardous materials is responsibility of contractor and shall be in compliance with all
applicable State and Federal requirements. (PW-W)
_ 92. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 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)
93. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit (TUP) for any
construction trailer and staging areas for equipment and materials. (DS)
94. Final Building Colors & Materials Board. Prior to issuance of any certificate of
occupancy, a color and materials board shall be submitted to the Development
Services Department for review and approval by the City's Design Review
Committee. (DS)
_ 95. Sign Program_ Prior to the issuance of any certificate of occupancy, the applicant
shall submit a sign program for the entire project to the Development Services
Department for review and approval by the Design Review Committee and the City's
Planning Commission. (DS)
_ 96. Shade Analysis. Prior to issuance of any certificate of occupancy, a shade analysis
shall be submitted in conjunction with the landscape plan to the Development
Services Department for review and approval by the City's Design Review
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel • Page 17 of 21
Committee. (DS)
97. Final Landscape & Irrigation Plans. Prior to issuance of any certificate of occupancy,
final landscape plans shall be submitted to the Development Services Department for
review and approval by the City's Design Review Committee. Plans shall include all
project entries, parking areas, landscaped slopes, common open areas, etc. Final
landscape plans shall show the following information and requirements:
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought
resistant plants.
b. All trees on site to be removed and all trees to be preserved. All proposed
tree removals shall comply with the City's Tree Permit requirements.
c. Turf shall only be permitted based on a determination by the City that no
other groundcover is suitable for the proposed site location and
application. Where turf is permitted by the City, turf areas shall be
separated from non-turf areas by a mow strip or header.
• d. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
e. Backflow devices and utility pedestals shall be located in visually
inconspicuous areas and/or visually screened with landscaping.
f. Decorative hardscape and walkways indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used.
g. Location, height, materials and colors of all proposed and existing walls
and fences.
h. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, required historic depiction
program elements, etc.
Design details and locations of all solid waste enclosures which shall be
of decorative design and compatible with the main structures.
j. Trees shall be located so as to provide shade throughout parking lots
consistent with the Planning Commission-approved preliminary landscape
plans.
k. Landscape planters shall have a minimum interior width (measured from
inside of curb to inside of curb) of five (5) feet. Where landscape "fingers"
abut parking spaces, they shall not extend within three (3) feet of the
aisle. A twelve (12) inch wide paved landing strip shall be provided inside
the curb. wherever a landscaped planter is located adjacent to a parking
space such that driver/passengers exit a vehicle into the planter.
Sidewalks adjacent to head-in spaces shall have a minimum width of
seven (7) feet unless the parking stalls are provided with wheelstops that
prevent vehicles from overhanging sidewalks.
m. All landscape areas adjacent to head-in spaces shall have a minimum
width of 4'-6" feet unless the parking stalls are provided with wheelstops
that prevent vehicles from overhanging sidewalks.
n. All landscape irrigation system shall be designed for recycled water
automatic irrigation system and shall be in compliance with the City
Landscape Ordinance (PW-W)
o. All landscaping shall be provided with a permanent automatic irrigation
system designed for water conservation. (DS)
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel Page 18 of 21
_ 98. Final Photometric Plans. Prior to issuance of issuance of any certificate of occupancy,
the applicant shall submit the final photometric plan for the project to the
Development Services Department for review and approval by the City's Design
Review Committee, Plans shall include the following information and meet the
following requirements: (DS)
a. Show the location of all light standards and fixtures, free-standing and
building-mounted, that illuminate the parking area and other areas
accessible to the public and the proposed illumination levels in foot-
candles (fc) extending ten (10) feet beyond the property line.
b. Maximum and average illumination levels shall comply with the Lighting
Standards of Title 9, Land Use Code.
c, Building-mounted fixtures shall be mounted below the roof eaves. Free-
standing (pole-mounted) luminaires shall not exceed a maximum height
of 18 feet.
d. Illumination shall be either metal halide or high-pressure sodium (HPS).
Mercury vapor and halogen lights are expressly prohibited.
e. Shielding shall be required so that light measured 5 feet outside the
property boundary shall not exceed 0.1 foot-candle. Exterior lighting
fixtures that would be visible from adjacent residential areas shall be
oriented so that the light source is not visible from those areas.
f. Exterior lighting shall be reduced to the extent feasible during hours that
the school is not in operation.
g. The design of all fixtures shall be consistent with existing City-approved
fixtures for the property. The City may refer any proposed fixture to the
Design Review Committee (DRC) for review and approval.
99. Historic Depiction Program. Prior to issuance of a Certificate of Occupancy, the HDP
shall be installed and subject to inspection by the City for compliance with the Cultural
Heritage Commission-approved design. (DS)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
100.Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of
occupancy or prior to acceptance of improvements and release of performance
securities, whichever occurs first, the applicant shall complete, to the satisfaction of
the City Engineer, all facility improvements required and necessary to serve the
development in accordance with the approved plan and approved exceptions. In the
case of a phased project, the provisions of this condition shall be applied to each
phase (PW-ENG)
101.Provide As-Built Mylars/Digital Format. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer for
review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all
improvement works completed and accepted. Said plan shall be prepared by a
Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all
"As Built" plans, at no cost to the City, in accordance with the latest edition of the City
of San Juan Capistrano Digital Submission Standards. Applicant shall provide all
digital data in AutoCAD, or other format approved by City, using NAD 83, Zone 6.
Data to be submitted shall include all utilities, dry and wet, building footprints and
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001, Plaza Banderas Hotel - Page 19 of 21
treatment control BMPs(PW-ENG)
102.Monumentation Restored and Corner Records Filed with County. Prior to acceptance
of improvements and release of performance securities, the applicant's surveyor shall
set all required monumentation during construction. Monumentation and corner
records shall be submitted to the City Engineer and filed with the County Surveyor in
compliance with AB 1414 and Section 8771 of the Business and Professional Code.
(PW-ENG)
103.Record Drawings. Prior to the acceptance of domestic water, recycled water, sewer,
storm drain, and street improvements and release of performance securities, the
applicant shall submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from the
signed plans of all the domestic water system, non-domestic /recycled water system,
and the landscape irrigation system, sewer, These "Record Drawings" are also
required in digital format, at no cost to the City, in accordance with the la)est edition of
the "City of San Juan Capistrano Digital Submission Standards." (PW-ENG)
104.Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer, for
review and obtain approval for, a video tape, filmed in the presence of a City Staff
representative/inspector, of all sewer and drainage improvements. The video shall
become the property of the City. Any exception shall be subject to review and
approval by the City Engineer. (PW-ENG)
105.Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior to
acceptance of improvements and release of performance securities, the applicant
shall remove any existing drives and/or curb depressions that are determined to be
unnecessary by the City Engineer and shall replace them with full height curb and
sidewalks. (PW-ENG)
106.Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant, depending on
the condition of these improvements prior to and after construction. (PW-ENG)
107.Solid Waste Reduction/Recycling Management Program. Prior to approval of final
inspection of each phase, the project applicant shall coordinate with City staff and
develop and implement a Solid Waste Reduction/Recycling Management Program for
the project site. Features of the program shall include, but not be limited to: 1)
distribution of separate receptacles for recyclables and trash throughout the project
site; 2) separate dumpsters for recyclables and trash; 3) signs posted near all
receptacles conveying information regarding recyclable materials; 4) sorting of trash
collected throughout the project site by facilities staff prior to dispensing in dumpsters;
and, 5) restrictions on product type that will be offered at concessions or vending
throughout the project site. (PW-ENG/DS)
108.Ortega Highway Entrance-Ingress-Egress Control. Project access at the site
entrance shall be limited to right-in, right-out, and left-in only and left-out shall be
prohibited unless the applicant can demonstrate to the City Engineer or his designee
that such movement can be made safely. The City Engineer shall specify the
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001. Plaza Banderas Hotel Page 20 of 29
necessary signage, pavement markings, and raised medians to provide the
necessary access control which shall comply with State standards. (PW-ENG)
109.Dedication of Water Facilities. Prior to final inspection of water improvements and use
of the site, the applicant shall dedicate to the City, at no cost to the City, all public
domestic and recycled water facilities and pertinent easements. (PW-W)
110.Installation of Landscaping. Prior to approval of final inspection (of each phase) the
developer 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. Additionally, all bicycle
racks, pedestrian walkways, seating, and other improvements shown on the Final
Landscape Plan shall be installed to the satisfaction of the Development Services
Department. (DS)
111.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 site plans, grading plans, wall plans, landscape/irrigation plans, lighting
plans, and elevations. if all improvements cannot be installed prior to occupancy, the
City may approve a Deferred Improvement Agreement to defer the completion of the
improvements provided that a bond, cash deposit, or other surety in a form and
substance approved by the City Attorney, is submitted to the City in lieu of installation
of the improvements, that application and required fees are submitted, and that the
incomplete improvements will not create an unsafe condition on the site. The term of
the deferral shall be as determined by the City Planner. (DS)
112.Final Cultural Resource Reports. Prior to final inspection by the Development
Services Department, the applicant shall submit evidence that final reports for any
historical, cultural, archaeological or paleontological resources recovered from the
project site during grading or construction have been filed with the appropriate
information repository. Reports shall include information on disposition of resources.
(DS)
113.Final Community Development Inspection. Prior to application for a final occupancy
permit, the applicant shall schedule a final inspection by the Development Services
Department, and shall pay any outstanding balance in the Developer Deposit Account
assigned to this application. Development Services Department shall not conduct a
final inspection until any outstanding balance has been paid in full. (DS)
114,Fire Extinguishers. Prior to final inspection by the orange County Fire Authority
(OCFA), fire extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant shall contact the Fire Department for the requirements pertaining
to the number, type, and placement of fire extinguishers. All fire extinguishers shall
have current California Fire Marshal service tags. (OCFA)
115.Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking --
Fire Lane" as approved by the Fire Department. (OCFA)
116.Gates. Entrance and exit gates shall be equipped with an entry system approved by
the Fire Department. Gate widths shall be not less than twenty (20) feet. Entrance
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001. Plaza Banderas Hotel Page 21 of 21
gates shall be operated by a punch pad capable of accepting a separate Fire
Department code, and an "opticom" compatible gate operation system. The gate
operation shall provide for periods of power outage. (OCFA)
117.Utility Underorounding. Prior to issuance of certificate of occupancy, the applicant
shall underground, at no cost to the City, the overhead utility lines within the property
and along its street frontage(s) to the satisfaction of the City Engineer. Any exception
to, or deviation from this condition shall be subject to review and approval by the City
Engineer. Said condition to be addressed under the Development Agreement.
(PW-ENG)
118.Reciprocal Parking and Access Agreement. Provide written documentation to the
City Engineer showing that a reciprocal parking and access agreement has been
formed to allow joint use of common parking areas and drive aisles.(PW-ENG)
The following ongoing conditions shall be complied with at all times after completion of
the•project.
119.Business License. The applicant, tenants, or successors in interest shall comply with
the City's business license requirements. (DS)
120.Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property •
maintenance. (DS)
121.Noise. The applicant shall ensure that noise levels do not exceed levels permitted by
Section 9-3.531. Noise standards (residential and non-residential) of the Municipal
Code. (DS)
122.Future Parking Demand. in the event that future land uses require additional parking,
the applicant must obtain the necessary land use approval that demonstrates that
sufficient parking is being provided for all land uses within the building or on the
property. (DS)
Responsible Departments/Agencies: DS: Development Services Department
DS-13D: Development Services- Building Division
PW-ENG: Public Works-Engineering Division
PW-W Public Works-Water Engineering
UD: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Applicant Signature Date
Gretchen Stroscher Thomson (print)