PC Resolution-19-02-26-02PC RESOLUTION NO. 19-02-26-02
ARCHITECTURAL CONTROL (AC) 18-014
SIGN PERMIT (SP) 18-050
GRADING PLAN MODIFICATION (GPM) 18-004
CONDITIONAL USE PERMIT (CUP) 18-005
TREE REMOVAL PERMIT (TRP) 18-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 18-
014, SIGN PERMIT (SP) 18-050, GRADING PLAN MODIFICATION (GPM) 18-004,
CONDITIONAL USE PERMIT (CUP) 18-005, AND TREE REMOVAL PERMIT (TRP) 18-
029 PROTEA MEMORY CARE FACILITY, DEVELOPMENT OF A 35,876 SQUARE
FOOT STRUCTURE, ASSOCIATED LANDSCAPING, GRADING, AND SIGNAGE, AT
31451, 31531, & A PORTION OF 31501 AVENIDA LOS CERRITOS (APN 650-151-14,
650-151-15, & 1.4 ACRE PORTION OF 650-151-24) (APPLICANT: PROTEA SENIOR
LIVING, SJC, LLC)
Whereas, Protea Senior Living, SJC, LLC, 18 Ventana Ridge Drive, Aliso
Viejo, CA 92656 (the "Applicant"), has requested approval of Architectural Control (AC)
18-014, Sign Permit (SP) 18-050, Grading Plan Modification (GPM) 18-004, Conditional
Use Permit (CUP) 18-005, Tree Removal Permit (TRP) 18-029, and Lot Line Adjustment
(LLA) 18-002, General Plan Amendment (GPA) 17-002, & Rezone (RZ) 17-001 to
develop of a 35,876 square foot memory care facility, with landscaping, grading, and
signage, at 31451, 31531, & a portion of 31501 Avenida Los Cerritos, which is General
Plan-designated Office/Research Park and Office Commercial District on the Official
Zoning Map (the "Project"); and,
Whereas, South Coast Christian Assembly, 31501 Avenida Los Cerritos,
San Juan Capistrano, CA 92675 is the owner of the property as listed above; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Architectural Control, Sign Permit, Grading Plan Modification,
Conditional Use Permit, and Tree Removal Permit applications were filed concurrently,
so the Planning Commission reviewed all applications; and
Whereas, the Environmental Administrator reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, and has
overseen the preparation of a Mitigated Negative Declaration (MND) pursuant to Section
15070, et seq., of those guidelines; has provided notice of the intent to adopt a Mitigated
Negative Declaration pursuant to Section 15072 of those guidelines, and has otherwise
complied with all applicable provisions of the California Environmental Quality Act (1970);
and,
PC Resolution 19-02-26-02 2 February 26. 2019
Whereas, the Design Review Committee (DRC) reviewed the plans
on December 13, 2018 and January 10, 2019 and recommended that the item move
forward to the Planning Commission; and
Whereas, Planning Commission conducted a duly-noticed public meeting
on February 26, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed project and has considered
all relevant public comments; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the California Environmental Quality Act (CEQA) and the Mitigated Negative Declaration
(MND):
1. The Planning Commission has reviewed and considered the Final
IS/MND and the public testimony regarding the environmental review of the Project; and
2. The Planning Commission finds on the basis of the evidence presented
and the whole record before it, including the Final IS/MND that there is no substantial
evidence that the proposed project, as mitigated, will have a significant effect on the
environment; and
3. Whereas, the Planning Commission finds that the Mitigation Monitoring
and Reporting Program should be adopted with all mitigation measures made enforceable
as a regulatory requirement for the development of the Specific Plan; and
4. Whereas, the Planning Commission further finds that the
recommendation of adoption of the mitigated negative declaration reflects the Planning
Commission's independent judgment and analysis; and
5. Whereas, the record of proceedings on which the Planning
Commission's decision is based is located at City Hall for the City of San Juan Capistrano,
located at 32400 Paseo Adelanto, San Juan Capistrano, California and the custodian of
record of proceedings is the Development Services Department Administrative Specialist.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.313 Architectural Control, of Title 9, Land Use Code of the
City of San Juan Capistrano:
1. Health related institutions, such as memory care facilities, are
conditionally permitted uses within the Public & Institutional zoning district. The proposed
project would establish a 35,876 square foot memory care facility, and has been designed
to meet all applicable development standards and provisions of Title 9 of the San Juan
Capistrano Municipal code including lot coverages, setbacks, height requirements, and
use regulations. Furthermore, the project requires approval of a General Plan
Amendment, Rezone, Sign Permit, Grading Plan Modification, Conditional Use Permit,
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Tree Removal Permit, and Lot Line Adjustment concurrently with the architectural control
application, and the applicant has concurrently applied for these entitlements. These
permits are subject to separate findings which are discussed separately under each
permit application. The findings for the other permits can be met in the affirmative.
2. The proposed use and design of the project is consistent with the goals,
policies and objectives of the General Plan, specifically the Land Use Element, which
includes Land Use Goal 2 of the General Plan directs the City to "control and direct future
growth within the City to preserve the rural village like character of the community".
Supporting Policy 2.2 further states that the City will "assure that new development is
consistent and compatible with the existing character of the City". As the City of San Juan
Capistrano is almost entirely built out, the proposed memory care facility development
uses an infill vacant lot, and two lots which were previously developed as single family
residences, and rezoned to office, but never developed for office use. The use of a vacant
lot as well as two underutilized lots support infill development. Establishing a 35,876
square foot memory care facility ensures that the City will have a health related
institutional use at a centralized location in the City while preserving the City's rural village
like character. Land Use Policy 7.2 of the General Plan states that the City will "ensure
that new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure". The proposed memory care
facility is surrounded by office parks and institutional uses (church with a preschool) which
are compatible with the proposed Spanish influenced architecture on the two story
building. Finally, the proposed memory care facility is consistent with the Goals and
Policies of the Community Design Element Policy 1.2 because the memory care facility
has been-designed with high-quality materials and at a human scale, with patron and
guest oriented courtyards and entry ways ; and Policy 2.1 because the building
incorporated Spanish influence architecture, and California native landscape features
which complements the City's traditional historic character.
3. The site is adequate in size and shape to accommodate all yards, open
spaces, setbacks, parking, access, and other features as the project is outside of all
setbacks, is no larger than the maximum lot coverage, or second to first floor ratio, meets
the 35' height limit with an architectural projection of no more than 3'-0" beyond the height
limit, incorporates appropriate access, including 25' wide drive aisles from Avenida Los
Cerritios, and exceeds the required parking requirement, providing a surplus of four
parking stalls.
4. The character, scale and quality of the architecture, site design and
landscaping are consistent with the adopted Design Guidelines of the City incorporating
materials and colors consistent with the approved structures and signage on properties
surrounding the site along Avenida Los Cerritios and similar institutional uses located
within the City of San Juan Capistrano. Furthermore, the City's Design Review Committee
has reviewed the design of the proposed building, site design, landscaping, and
monument sign and has recommended approval.
5. The site plan provides functional and safe vehicular and pedestrian
access and circulation because the project has been reviewed by the City Engineer and
PC Resolution 19-02-26-02 4 February 26, 2019
was determined that the new use and driveways would not have negative impact to
vehicular traffic on Avenida Los Cerritos.
6. The proposed use and design of the project are compatible with
surrounding existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other development
characteristics because the proposed building will use colors and materials that are found
through San Juan Capistrano, and are similar to the colors and materials of the buildings
on adjacent parcels. The architectural design, landscape, and proposed parking lot
features were reviewed by the Design Review Committee which recommended approval
of the designs.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by, Section 9-2.543(k), Sign Permit of Title 9, Land Use Code of the City
of San Juan Capistrano:
1. The proposed sign complies with all other applicable material in the sign
code section, specifically the design of the sign is consistent with the architecture of the
proposed building on the site, the sign is proposed, the location of the sign complies with
the requirements for building mounted signs size and location limits, the size of the sign
complies with the Public & Institutional size regulations, and the illuminated building
mounted sign complies with the illumination standards of the code.
· 2. The 89 square foot sign will be in harmony with the architectural design
of the building because the sign is proposed to be on the rear elevation aligned with the
tower which is centered on the building elevation. Additionally, the sign will use high
quality aluminum material, painted black, and use halo back lit channel letters, consistent
with the preferred illumination of the Design Guidelines. The Design Review Committee
considered the proposed sign and the exception request and found the proposed sign
and its placement to be in harmony with the architectural design for the building.
3. The sign is proposed to be located on the building elevation facing the
freeway, approximately 78 feet setback from the property line, and uses an approved
illumination method of back-lit halo illumination, ensuring the sign does not create a
hazard to drivers, who may observe the sign from the freeway, or pedestrians who may
observe the sign from the proposed rear parking lot.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by, Section 9-2.343, Sign Permit of Title 9, Land Use Code of the City of
San Juan Capistrano:
1. The proposed building mounted and monument signs meet all design
criteria within Municipal Section 9-3.543, because the signs consist of materials and
colors to match the earth tone colors of the proposed building and the existing signage
on surrounding properties. Additionally, the signs meets the Community Design Element
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Policy 1.2 Encourage high quality and human scale design in development to maintain
the character of the City, because the signs are designed with high quality materials,
designed for vehicular traffic and circulation orientation, and maintain the similar design
of the signage approved for surrounding properties.
2. The request for building mounted and monument signs included a
request for an exception to the Sign Code to allow a building mounted sign to exceed the
height maximum established within the Public & Institutional zone. Granting the exception
for the proposed sign enables the finding to be made that the proposed building mounted
sign and the proposed monument sign conforms to the minimum numerical size, height,
and other requirements of Section 9-3.543.
3. The proposed signs are not detrimental to the public health, safety, or
welfare; will not have adverse impacts on adjacent properties or rights-of-way; or obstruct
the view of other legal signs, and be compatible with surrounding areas because the sign
is proposed to be located on the building elevations, with approved illumination, and within
an area outside of the visibility triangle necessary for safe vehicular travel, which ensures
that the signs do not create a hazard to adjacent properties, and is generally consistent
with the Design Guidelines, which require the signs to be complementary to the
architecture and design of the project site.
4. The signs are appropriate within the context of the project and
compatible with the surrounding area due to the massing of the sign age being compatible
with the overall massing of the site and buildings to which they are affixed. Furthermore,
the City's Design Review Committee has reviewed the proposed building mounted signs
and monument signs has recommended approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.323 Grading plan review and modification, of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The proposed grading modifications are consistent with the General
Plan, Land Use Code and Design Guidelines, because the project allows for the
development of a use which is permitted with approval of a Conditional Use Permit, and
is proposed in locations which ensure a structure can be built which meets all required
development standards established in the Public & Institutional zone. While the existing
topography needs to be modified in order to facilitate development, the proposed tiers
maintain as much of the natural topography as possible. Additionally, the exposed
retaining walls are proposed to be fully landscaped using a plantable retaining wall,
specifically, the wall will be fully planted with bougainvillea and Rosmarinus prostratus.
2. The proposed grading modifications are generally consistent with the
approved site plan , preliminary grading plan , landscape plan , grading standards, and
design concepts of the original single family lots, and the vacant unimproved lot, as the
development is primarily located in the same location as the single family residential
PC Resolution 19-02-26,.02 6 February 26, 2019
structures, and the vacant lot is proposed to be built up to accommodate a tiered
development, utilizing the natural topography to establish a two-story element.
3. The proposed grading will remain consistent and compatible with
immediately-adjacent lots. Grading which takes place adjacent to property lines is
proposed to tie in directly to the adjacent properties, by creating adjacent retaining walls,
along the same lines as existing retaining walls, and maintaining in place, or replacing in-
kind existing retaining walls on the site so that the new development does not impact the
adjacent properties.
4. The proposed modified grading plan shows the location of the proposed
building footprints and the buildings meet all required minimum setbacks for building.
5. The proposed modified grading will not cause adverse impacts to other
properties, including but not limited to potential impacts on hydrology, water quality, views,
trail easements, or other aspects of development because the changes are subject to
Plan Check review by the City's Engineering Department to ensure that grading will not
result in any negative impacts to hydrology, water quality as required by local and state
laws. Prior to issuance of grading or building permit, the applicant must demonstrate to
the satisfaction of the Public Works Director that the proposed grading will not result in
any negative impacts to hydrology, and water quality as required by local and state laws.
The grading modifications do not impact views or trail easements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.317 Conditional Use Permits, of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. The proposed use is consistent with the maps and policies of the
General Plan, because the Assisted Care Facility land use designation provides for
limited land uses that can co-exist compatibly with surrounding land uses, including senior
assisted care housing, nursing homes, and other specialized housing of a similar nature.
The proposed use is located within an area consisting of compatible land uses including
a church and preschool, and office establishments.
2. The proposed use and design are consistent with the purpose, intent,
and standards of the Land Use Code because a health related institutional use is allowed
subject to the approval of a Conditional Use Permit in the Public & Institutional zoning
district. Additionally, the proposed use is to be located on a site developed with two single
family residential structures, and a vacant lot. The proposed development would meet all
required development and use standards within the Public & Institutional zoning district.
There is no applicable specific plan or comprehensive development plan identified for this
property.
3. The site for the proposed use is adequate in size and shape to
accommodate all yards, open spaces, setbacks, walls and fences, parking and loading
areas, fire and building code considerations, trash and recycling enclosures, and other
PC Resolution 19-02-26-02 7 February 26, 2019
features pertaining to the application because the project will design the building and
parking area in order to accommodate the proposed 35,876 building, the required parking
for a 72-bed memory care facility, and the necessary building on the site for the proposed
use. Furthermore, conditions of approval limit the use to a maximum of 72 beds with no
more than 37 employees to ensure the parking and circulation do not become impacted
by intensifying the use.
4. The proposed use and the ongoing operation of the use are compatible
with abutting properties and the permitted uses thereof and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or
hazards because, as conditioned, the use will be similar in nature to other businesses
operating in the vicinity. The project will not result in a significant increase of inbound and
outbound traffic, the project access is adequate, parking exceeds code requirements, and
because according to the Institute of Transportation Engineers' Trip Generation Manual,
Assisted Living would generate 2.06 trips per unit or 122 average daily trips, which is
determined by the City's Traffic Engineer to have no impact on the traffic on both local
and regional circulation systems. Therefore, no significant or excessive disturbances,
nuisances, or hazards are anticipated on adjacent businesses.
5. The site for the proposed use has adequate access and parking to
support the use. The proposed use results in an on-site parking requirement of 24 parking
stalls with 30 provided, thereby the subject site exceeds the City's on-site parking
requirement. Furthermore, the proposed memory care facility site has direct access to
Avenida Los Cerritos which currently provides access to an office park, church with a
preschool, two freestanding office buildings and accessed through a signalized
intersection at Rancho Viejo Road.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.349 Tree Removal Permits, of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. Removal of the trees will not have an adverse impact on adjacent
properties or the general welfare in that the removal will not adversely impact views, public
streetscapes, or other aesthetic considerations as the applicant is proposing to install 127
new trees, sixteen of which will be installed along Avenida Los Cerritos, and twenty-two
of which will be installed along Interstate 5. The removal of eighty-one mature trees will
temporarily impact views, the public streetscape and aesthetics; those impacts, however,
will be mitigated by the installation of the replacement trees. The applicant, per the DR C's
recommendation, will maintain three mature olive trees along Interstate 5, and will install
Brisbaine Box trees between the retaining wall and the Interstate 5, to not only mitigate
the loss of the trees, but improve the aesthetics of that street section. The proposed
landscaping improvements will be consistent with the landscaping already existing on
neighboring properties and throughout San Juan Capistrano.
2. Where appropriate, replacement trees have been proposed to maintain
the urban forest canopy and the replacement trees are more appropriate to the site and
the planting area. The installation of the proposed tree species, palm, sycamore,
PC Resolution 19-02-26-02 8 February 26, 2019
carrotwood, Brisbane box, California pepper, and Italian cypress are appropriate to the
site, as it will create cohesion and consistency within the new development as well as
surrounding properties and streetscape.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves project, Architectural
Control (AC) 17-014, Sign Permit (SP) 18-050, Grading Plan Modification (GPM) 18-004,
Conditional Use Permit (CUP) 18-005, and Tree Removal Permit (TRP) 18-029 subject
to those conditions of approval established by Exhibit A, attached hereto and incorporated
herein, including the provision that this approval is contingent upon the City Council
approving the General Plan Amendment (GPA) 17-002 & Rezone (RZ) 17-001, and that
if GPA 17-002 or RZ 17-001 are denied by the City Council, this approval is deemed null
and void.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 25nd day of February, 2019.
Tim ~
Serg~cretary
Assistant Development Services Director
EXHIBIT "A"
P.C. RESOLUTION 19-02-26-02
CONDITIONS OF APPROVAL
PROJECT LOG#: AC18-014, SP18-050, GPM18-004, CUP18-005, and TRP18-029
PROJECT NAME: Protea Memory Care
APPROVAL DATE: February 26, 2019
Architectural Control (AC) 17-014, Sign Permit (SP) 18-050, Grading Plan Modification
(GPM) 18-004, Conditional Use Permit (CUP) 18-005, and Tree Removal Permit (TRP)
18-029, are approved subject to compliance, to the reasonable satisfaction of the
Development Services Department, with all applicable sections of the San Juan
Capistrano Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by the above referenced approved applications. 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 th.e terms of this
approval. Approval of these applications is contingent upon the City Council approving
the General Plan Amendment (GPA) 17-002 & Rezone (RZ) 17-001. If GPA 17-002 or
RZ 17-001 are denied by the City Council, the approval of the above referenced
applications is deemed null and void.
General Conditions:
1. The applicant proposes to develop of a 35,876 square foot memory care facility,
with landscaping, grading, and signage, at 31451, 31531, & a portion of 31501
Avenida Los Cerritos. This project approval is based on and subject to the
application materials prepared by Kimley Horn Associates, Inc; Irwin Partners
Architects; and David Neault Associates, Inc. dated February 10, 2019,
including building elevation(s), floor plan(s), grading, sign plans, landscaping,
site plan and materials board. 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. 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,
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employees, or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of San Juan Capistrano concerning this project,
including but not limited to any approval or condition of approval of the City
Council, Planning Commission, or Development Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and the City shall cooperate fully in the defense of the matter. The
City reserves the right, at its own option, to choose its own attorney to represent
the City, its officers, employees, and agents in the defense of the matter. In the
event that exhibits and written conditions are inconsistent, the written conditions
shall prevail. If there are any disparities between these conditions and the plans
or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
3. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that
all construction activities, which includes the delivery and/or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m .
8:30 a.m. to 4:30 p.m .
4. Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
5. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments
6. The applicant shall schedule a final inspection with the Development Services
Department to inspect the final construction to ensure consistency with the
approved plans and conditions of approval.
7. All future lighting shall meet the City's Municipal Code Section 9-3.529 Lighting
Standards. Lighting fixtures which have not previously been approved by the
Design Review Committee shall be required to be reviewed by the Design
Review Committee prior to approval.
8. Maximum of one center shuttle is permitted to be used and stored on the site.
9. Maximum of 72 beds permitted .
Prior to Submittal for a Building Permit, the following conditions shall be met:
10. Plans shall identify limits of the top and bottom of the west facing retaining wall,
demonstrating the provision of plantable areas. The base and footing of the wall
shall not encroach into existing storm drain easement. The top of wall shall allow
for no less 12" of landscaping between the wall and the parking spaces to
provide full 19' parking space depth (including landscape overhang).
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11. Plans shall include the design details of the retaining walls, including colors,
materials, and landscaping. Images as well as scaled and dimensioned sections
of the proposed wall shall be provided.
12. Plans shall include a barrier between the west facing retaining wall and the
adjoining parking spaces to prevent vehicles from accidently rolling or driving
over the retaining wall. Plans shall include the treatment of the barrier (colors,
materials, landscaping, etc.). Whether the barrier is part of the retaining wall or
is separate from the wall, the barrier shall be adequately screened and
integrated with the retaining wall and landscaping. The final design of the barrier
shall be approved by the Development Services Director.
13. Landscape plans shall show than no trees will be planted atop the sewer lateral
located at the west boundary of the property.
14. Landscape plans shall include details of the landscaping between the parking
stalls and the retaining wall.
15. Plans shall indicate that overhead Utilities along Avenida Los Cerritos shall be
undergrounded along the parcel's entire street frontage. Plans shall specify that
these lines will be undergrounded.
16. Provide retaining wall calculations, as applicable.
17. Provide engineer cost estimate for grading and erosion/sediment control BMPs.
18. Utilize City Standard sheet layout and Standard Notes, as applicable.
19. Plans shall indicate that the 14" water line adjacent to the proposed north property
line shall be protected in place. If damaged, line shall be repaired or replaced at
the expense of the applicant.
20. Applicant shall provide geotechnical report with wet ink signatures when
submitting for Plan Check.
21. Applicant shall provide Grading Plan and show earthwork quantities estimates
in cubic yards for amounts of cuts, fill, over-excavation, import, and export when
submitting for Plan Check.
22. Applicant shall provide preliminary Drainage Plan to show or explain the
drainage area tributary to the site and include a statement setting forth in detail
the manner in which storm water runoff will enter the site, the manner in which
it will be carried through the site, and the manner in which disposal beyond the
site boundaries be accomplished. Especially critical due to creek side location
when submitting for Plan Check.
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23. Applicant shall provide Erosion and Sediment Control Plans (ESCP) including
backup calculations and data as part of the grading plan set when submitting
for Plan Check.
24. Applicant shall revise the Site Plan to depict, note, and dimension the
approximate location for all existing and proposed wet and dry utilities (i.e.
electric, gas, water, storm drain, fire, sewer) when submitting for Plan Check.
25. Applicant shall provide existing and proposed pervious and impervious area
calculations (in square feet) along with any proposed disturbed area quantity (in
square feet) when submitting for Plan Check.
26. Applicant shall obtain final approval of the Water Quality Management Plan prior
to issuance of a grading or building permit from the Public Works Department.
27. Depict existing sewer main and sewer lateral(s) to the property when
submitting for Plan Check.
Prior to the issuance of a grading or building permit, the following conditions
shall be met:
28. The applicant must demonstrate to the satisfaction of the Public Works Director
that the proposed grading will not result in any negative impacts to hydrology,
and water quality as required by local and state laws.
29. An Encroachment Permit is required for any work and construction-related
activities in the public right-of-way. These include truck hauling, traffic control,
site ingress and egress, hours of operation in the right-of-way, street cleaning,
etc.
30. An Encroachment Permit is required for a Haul Route for any import/export of
earth material in excess of fifty (50) cubic yards to or from the site. Submit the
Haul Route for review and approval by the City Engineer.
31. Fire Master Plan in accordance with Orange County Fire Authority (OCFA)
service code PR145 is required.
32. Architectural plans are required to be submitted to OCFA in accordance with
OCFA service codes PR200-PR285.
33. Underground piping for private hydrants and fire sprinkler systems in
accordance with OCFA service code PR470-PR475 is required.
34. Fire sprinkler system in accordance with OCFA service codes PR400-PR465 is
required.
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35. Prior to the issuance of a grading or building permit, the applicant must
demonstrate compliance with OCFA requirements.
36. 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 to monitor site clearing,
grading, and excavation activities, stating the name, qualifications, and contact
information for the archaeologist.
37. Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway improvements).
The Native American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that may be
considered sacred or important. In the event that evidence of human remains is
discovered, the Native American monitor shall verify that the archaeologist has
notified the Coroner. (DSD)
38. Paleontological Monitor. Prior to issuance of a permit for grading over 18" in
depth, 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.
Prior to Certificate of Occupancy Issuance, the following conditions shall be met:
39. Prepare and receive approval of a Historic Depiction Program by the Cultural
Heritage Commission, which is required for new institutional developments, in
accordance with City Council Policy 606.
40. Replace all damaged public facilities including damaged curb and gutter.
41. Install new driveway.
42. Driveway shall be designed to prevent storm water from the street entering
onto the site.
43. Sprinkler monitoring system shall be inspected prior to concealing interior
construction in accordance with OCFA service code PR500.
44. Fire alarm system shall be inspected prior to concealing interior construction in
accordance with OCFA service code PR500-PR520.
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45. Fire Sprinkler System calculations and plans shall be provided for additional
area with fire sprinklers and submitted to the OCFA and Utilities Engineering for
review and approval.
The following conditions shall be met continuously during construction and prior
to issuance of any certificate of occupancy:
46. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to architectural plans, grading plans, and
lighting plans.
The following conditions are the Mitigation Measures incorporated into the Mitigated
Negative Declaration and to be met continuously:
_ M 1. If construction activities must commence during the breeding and nesting season
(i.e., February through August), a qualified biologist shall conduct a nesting bird
survey within 1 calendar week prior to vegetation clearing, cutting, or removal
activities during the breeding/nesting season for native birds. The nesting bird
survey shall consist of full coverage of the project footprint and an appropriate
buffer, as determined by the biologist. If no occupied nests are found, no
additional steps shall be required.
If nests are found being used for breeding or rearing young by a native bird, the
nest locations shall be mapped by the biologist using GPS equipment. The
species of the nesting bird and, to the degree feasible, the nesting stage (e.g.,
incubation of eggs, feeding of young, near fledging) shall be documented. The
biologist may establish an avoidance buffer around occupied nests if there is a
significant potential for take of the species or potential for inadvertent destruction
of the nest. The buffer size shall be determined by the biologist based on the
species present, surrounding habitat, and existing environmental setting/level of
disturbance. No construction or ground-disturbing activities shall be conducted
within the buffer until the biologist has determined that the nest is no longer being
used for breeding or rearing and has informed the construction supervisor that
activities may resume.
M2. All construction crews shall be alerted to the potential to encounter
archaeological resources. In the event that archaeological resources (sites,
features, and artifacts) are exposed during construction activities involving
ground disturbance for the project, all construction work occurring within 100 feet
of the find shall immediately stop until a qualified specialist, meeting the
Secretary of the Interior's Professional Qualification Standards, can evaluate the
significance of the find and determine whether additional study is warranted. This
avoidance buffer may be adjusted following inspection of this area by that
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qualified specialist. Prehistoric archaeological deposits may be indicated by the
presence of discolored or dark soil, fire-affected material, concentrations of
fragmented or whole shell, burned or complete bone, non-local lithic materials,
or the characteristic observed to be atypical of the surrounding area. Common
prehistoric artifacts may include modified or battered lithic materials; lithic or
bone tools that appeared to have been used for chopping, drilling, or grinding;
projectile points; fired clay ceramics or non-functional items; and other items.
Historic-age deposits are often indicated by the presence of glass bottles and
shards, ceramic material, building or domestic refuse, ferrous metal, or old
features such as concrete foundations or privies. Depending upon the
significance of the find under CEQA (14 CCR 15064.5(f); Public Resources Code
Section 21082), the archaeologist may simply record the find and allow work to
continue. Feasible options for avoidance must also be considered. If the
discovery proves significant under CEQA, additional work, such as preparation
of an archaeological treatment plan, testing, or data recovery may be warranted.
_M3. Prior to commencement of any grading activity on site, 'the applicant shall retain a
qualified paleontologist as outlined in the Society of Vertebrate Paleontology (SVP)
guidelines (SVP 2010). The qualified paleontologist shall attend the preconstruction
meeting and be on site (or a designated qualified paleontological monitor) during all
grading and other significant ground-disturbing activities within previously
undisturbed older Quaternary alluvium. Paleontological monitoring is required below
a depth of 5 feet in the southwestern project site, where younger Quaternary
alluvium is mapped on the surface. In the event that paleontological resources (e.g.,
fossils) are unearthed during grading, the paleontological monitor shall temporarily
halt and/or divert grading activity to allow recovery of paleontological resources. The
area of discovery shall be roped off with a 50-foot radius buffer. Once documentation
and collection of the find is completed, the monitor shall remove the rope and allow
grading to recommence in the area of the find. Per the SVP guidelines, if
approximately 50% of monitoring has occurred in a single geological unit with no
paleontological recovery, monitoring can be reduced or terminated at the qualified
paleontologist's discretion.
Following the paleontological monitoring program, a final monitoring report shall
be submitted to the City of San Juan Capistrano for approval. The report shall
summarize the monitoring program and include geological observations and any
paleontological resources recovered during paleontological monitoring for the
proposed project.
_M4. The following measures shall be implemented to reduce construction noise and
vibration emanating from construction of the project:
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1. During all project site excavation and grading on site, construction contractors
shall equip all construction equipment, fixed or mobile, with properly operating
and maintained mufflers, consistent with manufacturer standards.
2. The contractor shall place all stationary construction equipment so that
emitted noise is directed away from the noise-sensitive receptors nearest the
project site.
3. Equipment shall be shut off and not allowed to idle when not in use.
4. The contractor shall locate equipment staging in areas that would create the
greatest distance between construction-related noise/vibration sources and
sensitive receptors nearest the project site during all project construction.
5. The project proponent shall mandate that the construction contractor prohibit
the use of music or sound amplification on the project site during construction.
6. The construction contractor shall limit haul truck deliveries to the same hours
specified for construction equipment.
7. A temporary construction noise barrier or blanket, 8 feet in height, with a
sound transmission classification (STC) rating of at least 15, shall be installed
along the southern property line for the entire length of the Pacific Tanks
building located immediately south of the project site. The barrier can be
constructed of plywood with a total thickness of at least 1.5 inches.
Alternatively, a sound blanket wall can also be used. The barrier shall be
continuous, reach the ground, and shall not have holes and cracks.
8. The use-of large bulldozers within 12 feet of the Pacific Tanks building shall
be avoided.
_M5. Prior to approval of building permits, upgraded windows and best management
practices (BMPs) shall be incorporated into the project design and indicated on
project plans, as follows:
1. Window sound transmission classification (STC) ratings shall be consistent
with those shown in Table 8 of the Noise Impact Analysis prepared by Roma
Environmental in October 2018.
2. A mechanical ventilation system shall be installed that will provide the
minimum air circulation and fresh air supply requirements for various uses in
occupied rooms without the need to open any windows, doors, or other
openings to the exterior. In-window, through-wall, or through-floor air-
conditioning, ventilating, or heating units shall not be used.
3. Any cracks and/or openings around ducts, pipes and electrical outlets shall be
sealed.
4. All vent ducts, including those for bathroom exhaust fans and dryers,
connecting the interior space to the outdoors shall be rigid metal and contain
at least two goo bends, or one goo bend and a total length of at least 20 feet
(or the maximum allowed by the manufacturer).
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