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PC Resolution-19-09-24-03PC RESOLUTION NO. 19-09-24-03 ARCHITECTURAL CONTROL (AC) 16-029 GRADING PLAN MODIFICATION (GPM) 16-014 TREE REMOVAL PERMIT (TRP) 16-047 SIGN PROGRAM (SP) 16-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A MODIFICATION TO ARCHITECTURAL CONTROL (AC) 16-029, GRADING PLAN MODIFICATION (GPM) 16-014, TREE REMOVAL PERMIT (TRP) 16-047, AND SIGN PROGRAM (SP) 16-007; RIVER STREET MARKETPLACE, A NEW 59,067 SQUARE FOOT COMMERCIAL AND OFFICE DEVELOPMENT PROJECT LOCATED AT THE SITE OF THE EXISTING ITO NURSERY PROPERTY AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49), WHICH CURRENTLY CONSISTS OF AN APPROXIMATELY 5.86 ACRE COMMERCIAL NURSERY (APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC). Whereas, Dan Almquist, River Street SJC, LLC, 610 Newport Center Drive Suite 410, Newport Beach, CA 92660 (“Applicant”) has requested several entitlements to allow for development of a new commercial and office development project at the site of the existing Ito Nursery Property (31825 Los Rios Street; Assessor Parcel Numbers 121-160-22, 28, 49), which currently consists of an approximately 5.86 acre commercial nursery; and, Whereas, Sheree & Doug Ito are the owners of the real property located at 31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49); and, Whereas, as the project is currently proposed, the Applicant seeks to develop the entire 5.86-acre site with commercial and office space that combines restaurant, office, and artisan retail space within seven unique buildings totaling approximately 59,067 square feet, along with associated improvements (“the River Street Marketplace Project” or “project”); and, Whereas, the Planning Commission previously considered and conditionally approved Architectural Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Tree Removal Permit (TRP) 16-047, and Sign Program (SP) 16-007 relating to the proposed project, however, the Applicant is now seeking modifications to these approvals; and, Whereas, the project is designed to reflect the City’s agrarian history and includes metal/wood barn themed buildings, a courtyard designed and planted with California native plant landscaping, and amenities designed to be consistent with the early San Juan Capistrano aesthetic; and, Whereas, the project would provide indoor and outdoor dining, farm fresh produce, unique retail venues, and a grassy common with varied seating options and communal tables for outdoor dining; and, PC Resolution 19-09-24-03 2 September 24, 2019 Whereas, the project also includes a parking area with an olive grove that would be accessed via Paseo Adelanto and Los Rios Street; and, Whereas, River Street, which bounds the project on the north, is a paved private drive, and the project proposes to transition River Street from the existing paved street to a decomposed granite path with bollards east of its intersection with Paseo Adelanto to prohibit vehicular traffic and proposes to remove the existing property line dividing fence; and, Whereas, the Los Rios Historic District, which is listed on the IHCL, NRHP, and the California Register of Historic Resources (CRHR) is adjacent to the eastern boundary of the project site, and the portion of the Los Rios Historic District that includes River Street forms the north edge of the project site; and, Whereas, excepting overlap with River Street, the project will not take place within the Los Rios Historic District; and, Whereas, the proposed project is being processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Architectural Control, Grading Plan Modification, Tree Removal Permit, and Sign Program applications were filed concurrently, so the Planning Commission reviewed all applications, and, Whereas, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency for the proposed project; and, Whereas, as originally proposed, the project included a total of 64,900 square feet of commercial and office space in five buildings referred to as the Marketplace, Mercantile, Greenhouse, Red Barn, and Farmstead, and this is the project that was analyzed in the City’s subsequent environmental review; and, Whereas, a Draft Environmental Impact Report (“Draft EIR”) was prepared for the proposed project and pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for a 45-day review period from January 30, 2019 to March 18, 2019; and, Whereas, the City prepared responses to all comments received during the public review period, and made minor revisions to the Draft EIR, which are included in the Final Environmental Impact Report (Final EIR); and, Whereas, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and, Whereas, after the preparation of the EIR, and in response to comments received by the City in response to the EIR, the Applicant subsequently modified the PC Resolution 19-09-24-03 3 September 24, 2019 project from what was analyzed in the EIR; and Whereas, specifically, the Applicant proposes to revise the project to shift buildings further west, reduce building heights, and reduce overall square footage of the project by 5,833 square feet (from 64,900 to 59,067 square feet) (together, the “proposed modifications”); and Whereas, pursuant to State CEQA Guidelines section 15088.5, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review, but before the EIR is certified. The term “information” can include changes in the project as well as other information, but information is not “significant” unless it results in a new significant environmental impact, or a substantial increase in the severity of an environmental impact; and, Whereas, to determine whether the proposed modifications to the project would result in new significant impacts or substantially more severe impacts, the City undertook an analysis of the proposed modifications which determined, based on substantial evidence, that no new significant impacts would occur, and no recirculation of the EIR was required; and Whereas, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and, Whereas, the Planning Commission has determined that EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the proposed project; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on September 24, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed modification to the previously issued approvals and considered all relevant public comments; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on May 14, 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 considered all relevant public comments; and, Whereas, the Design Review Committee (DRC) Commission conducted a duly-noticed public meeting on February 23, 2017, February 8, 2018 and April 12, 2018 and recommended that the above item move forward to the Planning Commission. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano has recommended that the City Council certify the FEIR and adopt the Mitigation Monitoring and Reporting Program prepared for the proposed project by way of PC Resolution No. 19-09-24-02. PC Resolution 19-09-24-03 4 September 24, 2019 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. The proposed modified plan, use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan because the proposed Code Amendment to the Los Rios Specific Plan (SP 78-01) amends various sections of the Specific Plan and adds the Commercial Core Planning Area and adds Appendix A “River Street Marketplace Project, Amendment to the Los Rios Specific Plan.” Furthermore, the proposed design is an Agrarian style which is consistent with the historic context of the Los Rios Street Historic District. 2. The proposed modified plan, use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the project is consistent with the following policies and objectives of the Community Design Element: Community Design Goal 1: Policy 1.2: “Encourage high-quality and human scale design in development to maintain the character of the City;” and, The proposed changes to River Street are enhancements, and include the removal of existing asphalt and returning the street to a more natural, pedestrian character. In addition, the project will remove the property line dividing fence and therefore re-establish the view corridor on the entire length of the street. Further, the project will install a Historic Depiction Program (HDP) adjacent to the street, designed with high-quality materials to complement the character of the Los Rios Street Historic District. The nearest proposed building adjacent to River Street is the Marketplace Building which has a height of 35 feet and has a setback of 8 feet from the edge of River Street and is designed to maintain the character of the Los Rios Street Historic District – with an Agrarian architectural style, wood shingles and board and batten vertical siding. The landscape plan includes trees and shrubs along the entire length of River Street. The proposed driveway on Los Rios Street is located in proximity to the existing Ito Nursery access driveway and will include a new sidewalk and landscaping. Further, the spatial relationship between the project site and the southern portion of the Los Rios Historic District will be protected through the installation of an orchard at the east end of the property adjacent to the west lot lines of the dwellings in the historic district. The orchard will provide for an 18 foot to 35 foot buffer. Thus, the project is designed at a human-scale, the only historic resource located on the project site will be enhanced, and PC Resolution 19-09-24-03 5 September 24, 2019 none of the proposed buildings will dwarf any existing, adjacent uses. Community Design Goal 2: Policy 2.1: “Encourage development which complements the City’s traditional, historic character through site design, architecture, and landscaping.” The proposed enhancements to River Street include the removal of asphalt and replacing with decomposed granite results in re-establishing a more natural character to the street and the removal of the property line dividing fence results in re-establishing the view corridor on the entire length of the street; and the establishment of native landscaping along the entire edge of the pathway will frame the edge of the street. The design of the buildings compliments the history and tradition of San Juan Capistrano because they will include board and batten vertical wood siding, corrugated metal, rustic reclaimed barn wood, standing seam, earth-tone colors, rustic cedar shake roofing and rustic wooden details that are reminiscent of agrarian architecture. The proposed low water use landscaping design provides a tree and shrub palette found locally and in the vicinity of Los Rios Street Historic District. The proposed Historical Depiction Program (HDP) will have an Agrarian theme. As discussed further below, the project conforms to the City’s adopted Architectural Design Guidelines, which substantially implement the General Plan Community Design Element. Further, the project conforms to the Los Rios Specific Plan 78-01, Central Core Planning Area design standards, which intend for conformity with the City’s Architectural Design Guidelines. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved because the project has been designed to accommodate the required project building elements, as set forth in Los Rios Specific Plan 78-01,and because the development characteristics meet all of the development standards established in the amendment to the Los Rios Specific Plan 78-01, including required building setbacks, building heights, open areas, massing, landscaping, parking and site access. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because as demonstrated within this staff report, the proposed project and use of materials and landscaping compliments the design elements of Agrarian style architecture, as required by the Los Rios Specific Plan 78-01, Commercial Core Planning Area. The enhanced paving details and landscaping conveys a sense of “richness of detail” and complements the building elevation design. Furthermore, the PC Resolution 19-09-24-03 6 September 24, 2019 project will be consistent with the adopted Architectural Design Guidelines because the following design principles are applicable to the proposed project: Design Issue/ Principal 1: Human Scale. The proposed project has a well- balanced pedestrian orientation and human scale. The pedestrian circulation experience is enhanced along River Street with the use of decomposed granite and a Historic Depiction Program (HDP) that leads to the entrance of the commercial center with the mature trees and landscaping; and enhanced paving is located throughout the pedestrian pathways. Design Issue/ Principle 2: Eclectic Building Styles. The proposed project proposes the use of unique building materials, such as raw steel, wood siding, and corrugated metal, consistent with the Agrarian architectural style. Building pop-outs and offsets as well as variations in building heights, materials, and colors would be added to offset the buildings’ massing, provide human scale, and provide relief to and variation in the building form and style. These details will allow the development to architecturally exist amongst the adjacent buildings that are located within the Los Rios Street Historic District. The modification includes enhanced paving and landscaping which will further enrichen the eclectic architectural style. Design Issue/ Principal 5: Heritage and Tradition. The proposed project reflects the history and tradition of San Juan Capistrano. The Commercial Core Planning Area contains development standards and guidelines that reinforce specific site planning, architectural design, and landscape design guidelines contained within the design guidelines. The design guidelines are intended to pay homage to the area’s rich agrarian history, including the Los Rios Historic District, the Capistrano Train Depot, and the Mission of San Juan Capistrano. The design guidelines reflect agrarian themed buildings and an earth-toned color palette to assure that development within the Commercial Core Planning Area, including the proposed River Street Marketplace project, reflects the history of the surrounding area. Design Issue/Principle 6: Richness of Details and Materials. The applicant proposes to incorporate enhanced paving which enhance the architectural details of the project and provide an enhanced overall pedestrian experience. The applicant also proposes to install landscaping along the perimeter of the parking area and at the two entry driveways, and along the perimeter of the parking lot which is consistent with the Architectural Design Guidelines, Principle 1, which provide, “The physical environment should be comfortable, friendly, accessible and approachable. Parking areas should be designed to minimize the impact of automobiles on pedestrian circulation and to be less visually intrusive.” PC Resolution 19-09-24-03 7 September 24, 2019 Design Issue/ Principle 8: Linkages and Connections. The proposed pedestrian circulation design allows for patrons to access the Los Rios Street Historic District and the downtown via an enhanced pedestrian pathway (River Street) from the commercial center to Los Rios Street. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the site development concept provides a continuous access drive through the parking lot via the two driveways. Pedestrian access to the site from Alipaz Street and Los Rios Street is provided via sidewalk connections to Del Obispo Street and pedestrian access is provided from Los Rios Street, through River Street and to the entry of the central gathering area. All surface parking is designed to include landscaping to visually buffer views from Del Obispo Street, Los Rios Street and Paseo Adelanto. 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 9-2.323 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, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the project allows for the development of a use which is permitted with approval of the amendment to the Los Rios Specific Plan which will ensure that all proposed structures can be built which meets all required development standards established in the Commercial Core Planning Area. While the existing topography needs to be modified in order to facilitate development, the proposed fill maintains as much of the natural topography as possible. Additionally, the entire site is proposed to be fully landscaped. 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 project as approved by the reviewing authority because the site is a vacant lot and will be graded to elevate pads out of the 100 year flood plain and will remain below the pad elevations of the adjacent residential units. PC Resolution 19-09-24-03 8 September 24, 2019 3. The proposed grading will remain consistent and compatible with immediately-adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because 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 so that the new development does not impact the adjacent properties. 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title because the proposed project will comply with the development standards of the Commercial Core Planning Area. 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 9-2.349 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 because the project proposes to preserve 2 specimen trees–one Peruvian Torch Cactus and one Coast Live Oak–and a row of 5 Jacaranda on the south boundary of the site. The project includes the installation of 299 new trees which includes 182 orchard trees and 117 accent/specimen/parking lot trees. Plantings include two species of oaks: Coast live oak and Pasadena oak. The project would add approximately 258 more trees than currently exist, as well as a greater number of shrubs and groundcover. The proposed landscaping improvements will be consistent with landscaping already existing on neighboring properties and throughout the Los Rios Street Historic District. 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 because the installation of the proposed tree species - PC Resolution 19-09-24-03 9 September 24, 2019 Oak, Sycamore, Torrey Pine, Palo Verde, Manzanita, Cottonwood, and Citrus trees are appropriate to the site, as it will create cohesion and consistency within the new development as well as surrounding properties. 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 Program, of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project because the sign program is consistent with the following General Plan Community Design Element policy and Design Guidelines: General Plan Community Design Element Policy 1.2 Encourage high- quality and human scale design in development to maintain the character of the City. The signs are to be constructed from durable industry standard materials, and the size of the signs complies with the proposed Los Rios Specific Plan - Commercial Core Planning Area, which describes are signage for the commercial center. Architectural Design Guidelines, Chapter 8, Signs C. General Sign Design Guidelines 1. Colors a. Restrained use of color is recommended, use of multiple colors is discouraged. c. Use of contrasting colors to achieve visually pleasing signs should be considered as part of the sign design process. 2. Materials a. The following materials are recommended for signs in San Juan Capistrano: • Wood – carved or sandblasted • Metal – formed, etched, cast or engraved 3. Sign Copy/Lettering Style/Spacing a. A limited number of lettering styles should be employed in sign design to increase legibility. The number of different lettering types should not exceed two for small signs and three for larger signs. b. Avoid using overly intricate typefaces as well as crowding of the sign text. 1. Illumination a. The light source of indirect lighting fixtures should be adequately shielded to prevent glare. PC Resolution 19-09-24-03 10 September 24, 2019 b. Use of individual, internally-illuminated, back-lit, or non-illuminated solid letters is encouraged. 5. Placement a. Signs should be placed in proximity to the main business entrance. b. Wall sign placement should be coordinated with architectural features. C. Wall and Building Signs a. Wall signs should not project away from the surface upon which they are attached by more than the minimum required distance for construction purposes and in no case by more than 12 inches. c. Wall signs painted directly on the structure are encouraged. d. Lettering should not occupy more than 75% of the background area. 2. Projecting (Blade) Signs c. Sign supports and brackets should be compatible with the design and scale of the sign. 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan because the amendment to the Los Rios Specific Plan includes Appendix A which includes a sign program with specific standards that require that signage design is architecturally compatible with the buildings. Through the sign program, the applicant has created a visually pleasing method of providing compatible and complementary signs to minimize visual clutter. 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way because the signs will not impact the right-of-way and will not create light or glare impacts to the adjacent properties. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves a modification to Architectural Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Tree Removal Permit (TRP) 16-047, and Sign Program (SP) 16-007 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) 18-002, Code Amendment (CA) 16-003, Development Agreement (DA) 18-002 and Flood Plain Land Use Permit (FP) 16-003, and that if GPA 18-002, CA 16-003, or DA 18-002 are denied by the City Council, this approval is deemed null and void. PC Resolution 19-09-24-03 11 September 24, 2019 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 24th day of September, 2019~ c?l~-tUf)t()_ RESOLUTION #: 19-09-24-03 EXHIBIT A CONDITIONS OF APPROVAL Project #: General Plan Amendment (GPA) 18-002, Code Amendment (CA) 16-003, Architectural Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Tree Removal Permit (TRP) 16-047, Floodplain Land Use Permit (FP) 16-003, Sign Program (SP) 16-037, and Development Agreement (DA 18-002); Project Name: River Street Marketplace APPROVAL DATE: September 24, 2019 These conditions of approval apply to General Plan Amendment (GPA) 18-002Code Amendment (CA) 16-003, Architectural Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Tree Removal Permit (TRP) 16-047, Floodplain Land Use Permit (FP) 16-003, Sign Program (SP) 16-037, and Development Agreement (DA 18-002), a request for approval of a new Commercial and Office Development Project Located on the Ito Nursery Property at 31825 Los Rios Street (Assessor Parcel Numbers 121-160-22, 28, 49). General Conditions: 1. ___ The above referenced entitlement approvals are granted for a commercial development. This approval is granted based on the application materials submitted by Bickel Group Architecture, including the Los Rios specific plan amendment, architecture, grading, utilities, landscape, lighting, and sign program dated September 16, 2019. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from City Code may be approved by the Development Services Director upon submittal of an application and the required fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Planning Commission’s approval. 2. ___ Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, and City regulations or requirements. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 2 of 18 3. ___ All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. ___ The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. ___ The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. ___ In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, then the conditions and/or plans as stipulated in the later approval shall prevail. 7. ___ The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 8. ___ The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 9. ___ All applicable approvals with an exception of approvals of water and sewer improvements, and clearance from other departments and agencies shall Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 3 of 18 be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases or release of securities, as specified in these conditions. Approval of water and sewer improvements and inspections shall be on file with the Utilities Department or other water and sewer utility purveyor. 10. ___ Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 8:30 a.m. to 4:30 p.m. 11. ___ Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 12. ___ The applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. 13. ___ The applicant shall request approval from the City for any deviation from the approved plans. The following conditions of approval shall be met prior to issuance of grading permits for the project. 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 Utilities Department fee schedule, as last revised, and post bonds/securities for 100 percent of each estimated improvement cost associated with grading, drainage, and erosion control within the private property as well as any improvement within the public right of way to ensure satisfactory performance of proposed improvements, as prepared by a Registered Civil Engineer and approved by the City Engineer and Utilities Assistant Director for improvements including, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, private slopes, open space, on-site and off-site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street, and all appurtenant improvements. (PWENG, UENG) Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 4 of 18 15. ___ Storm Runoff, Hydraulic/Hydrology Calculations. Prior to approval, the applicant shall submit to the City Engineer for review, and shall obtain approval of, a Drainage Report and Water Quality Management Plan prepared by a Registered Civil Engineer. The applicant shall show existing and proposed facilities, provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic and hydrology studies and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. Said study shall be consistent with all applicable City regulations and Orange County design criteria, and standards. (PW) 16. ___ Construction Cost Estimate. The applicant shall submit to the City Engineer and Assistant Utilities Director 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 public improvements associated with the project including but not limited to, applicable street improvements, signing and striping, street lights, traffic signals, storm drains, water, recycled water, sewer, landscape, irrigation systems, setting of survey monuments and centerline ties. Construction cost estimates of facilities that will be dedicated to the City for operation and maintenance shall comply with the California Labor Code with respect to prevailing wages. Any exception to or deviation from this shall be subject to review and approval by the City Engineer and Assistant Utilities Director. (UENG) 17. ___ Soils/Geotechnical Report. Prior to issuance of grading permits, the applicant shall submit to the City Engineer, Utilities Assistant Director, and Building Official for their review, and shall obtain approval for, a Final Soils/Geotechnical Report, prepared by a Registered Geotechnical Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements including but not limited to pavement sections and substructure bedding/backfill recommendations and any other improvements within the project as well as any affected adjacent property. The Soils Report/Geotechnical Report shall be subject to review by a third-party geotechnical consultant retained by the City, at applicant cost, to ensure geotechnical stability to the satisfaction of the City Engineer. (PWENG, UENG) 18. ___ Grading Plans. Prior to issuance of grading improvement permits, the applicant shall submit a Final Grading Plan to the City Engineer, Utilities Assistant Director, and Building Official for their review and shall obtain approval for Grading Plans prepared by a Registered Civil Engineer. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 5 of 18 These plans shall show, at minimum, the limits of grading, easements, drainage, sewer, water, parkways, streets, driveways and all appurtenant improvements. The extent of the topography shall be extended enough to determine the geological and drainage impacts to adjacent properties. Aerial topography of adjacent private property is sufficient. Surveying of private property outside of the project area is not required. The elevations shall correspond with the Orange County benchmark datum. Unless determined otherwise by the City Engineer, runoff must be filtered with Best Management Practices (BMP’s) methods then conveyed to the street or a City approved drainage facility. All grading plans shall be subject to review by a third-party geotechnical consultant retained by the City at applicant cost, to ensure geotechnical stability to the satisfaction of the City Engineer. (DSD, UENG & PWENG) 19. ___ Erosion and Sediment Control Plans (ESCP). Prior to issuance of grading improvement permits, the applicant shall submit to the City Engineer and Building Official for review and shall obtain approval for Final Erosion and Sediment Control Plans and programs prepared by a Registered Civil Engineer. These plans shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. In order to control pollutant run-off, the applicant shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices incorporated into the project, shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, the requirements of the California Regional Water Quality Control Board (San Diego Region) Order No. R9-2002-0001 and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PWENG) 20. ___ Drainage Improvement Plans. Prior to approval of a grading permit, the applicant shall submit to the City Engineer for review and shall obtain approval of Drainage Improvement Plans specific to the project, which reflect consistency with all applicable City regulations and Orange County design criteria, and standards. These plans shall show locations of all existing and proposed facilities. Detention/retention basins (if applicable) shall be designed to accommodate the 100-year storm flow with engineered secondary overflow devices. A secondary overflow as provided in the preliminary plans and hydrology report shall be provided for storm drain systems designed with sump conditions to preclude flooding of private properties. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 6 of 18 All proposed street catch basins shall be stenciled to include language that prohibits illegal dumping into the storm drains and lined with curb inlet filters or equal devices which meet the National Pollutant Discharge Elimination System (NPDES) requirements and the City Engineer. Storm drain junction structures and catch basins shall be provided with access manholes as deemed necessary by the City Engineer. All drainage must be conveyed to the street or a City approved drainage facility. (PWENG) 21. ___ Connection to Public Drains must be Documented and Filed. Prior to approval of plans, the applicant shall demonstrate to the satisfaction of the City Engineer that any proposed connections to existing public drainage system, from on-site drains, must have appropriate encroachment permits and be approved by the City Engineer and all applicable Orange County Flood Control (OCFCD) permits and requirements. (PWENG) 22. ___ Dry Utilities (Electric, Telephone, Cable TV, Gas). Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and shall obtain approval of a composite utility plan including but not limited to Electrical, Gas, Telephone and Cable Television installation plans to ensure compatibility with existing and proposed improvements. All utility facilities within the public right of way shall be underground. Vaults, transformers, juncture boxes, or any similar devices shall not be permitted above ground. Any deviation from these requirements shall be subject to City Engineer’s review and approval. (PW) 23. ___ Traffic Improvement Plans. Prior to approval of the plans, the applicant shall submit to the City Engineer for review, and shall obtain approval of, traffic improvement plans for all streets prepared by a Registered Traffic Engineer. These plans shall show the striping, signage, signalization and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (PW) 24. ___ Traffic Management Plans. Prior to the issuance of grading permits, the project applicant shall prepare a Construction Traffic Management Plan in coordination with the City of San Juan Capistrano City Traffic Engineer. The Plan, at a minimum, shall include the following: a. Ingress and egress for the construction traffic would be via the driveway located along Paseo Adelanto with a flagman to provide ingress/egress from the project site to Del Obispo Street. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 7 of 18 b. Restrict construction traffic on all local collector streets. c. Traffic control for any street closure, detour or other disruption to traffic circulation. d. Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e. lumber, tiles piping, windows, etc.), to access the site, traffic controls and detours and proposed construction phasing plan for the project. e. Identify parking needs and parking areas for construction related equipment and workman support. f. Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. g. Require the Applicant to keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material which may have been spilled, tracked or blown onto adjacent streets or areas (if caused by construction by Applicant). h. Hauling or transport of oversize loads will be allowed between the hours of 8:30 AM and 2:30 PM only, Monday through Friday, unless approved otherwise by the City Engineer. Hauling or transport may be permitted/required during nighttime hours, weekends or Federal holidays, at the discretion of the City Engineer. An approved Haul Route Permit will be required from the City. i. Haul trucks entering or exiting public streets shall at all times yield to public traffic. j. If hauling operations cause any damage to existing pavement, street, curb or gutter along the haul route, then the applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. k. With exception to temporary parking for contractor and employee vehicles, all constructed-related parking and staging of vehicles will be kept out of the adjacent public roadways and parking lots and will occur on-site. l. This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of San Juan Capistrano requirements. 25. ___ Street Improvement Plans. Prior to approval of plans, the applicant shall submit to the City Engineer for review, and shall obtain approval of, street Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 8 of 18 improvement plans prepared by a Registered Civil Engineer. These plans shall show all existing and proposed improvements including, but not limited to, striping, signage, signalization, location of storm drain, sewer, water and all related appurtenances. The street improvement plans shall conform to the following requirements: (PWENG) a. Street Geometry. All streets shall be designed with geometric sections consistent with the City Council-approved plans. b. No Obstructions in Sidewalks. There shall be no obstruction in any public right of way sidewalk or parkway which reduces the width to less than four feet, in compliance with the American with Disabilities Act (ADA) requirements. c. Street Lights. Existing street lights which are in acceptable condition shall be relocated. Any replacements will be with Mission Bell fixtures on marbelite poles. Any exception or deviation from the above requirements shall be subject to review and approval by the City Engineer. 26. ___ Encroachment Permit Right-of-Way. 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 (hauling hours may be limited due to school hours/traffic), street cleaning, etc. (PWENG) 27. ___ Encroachment Permit Haul Route. 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. (PWENG) 28. ___ Water and Sewer Improvements. Obtain approval of the project proposed domestic water, fire sprinkler, fire line, landscape and irrigation, and sewer improvements for the proposed River Marketplace Project, from the City’s Utilities Engineering Division or other utility provider. (UENG) 29. ___ Backflow Test. Perform required backflow prevention device(s) tests and provide all test certifications along with water service applications for domestic meter, irrigation meter, and/or fire line facility. (UENG) 30. ___ Bird Survey. Prior to any permit issuance for grubbing, grading, tree trimming/removal or prior to engaging in such activities that would occur Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 9 of 18 between the breeding season for native birds (February 15 through July 31), the project applicant shall retain the services of a qualified ornithologist to conduct an ornithological survey of the construction zone. The City will require the developer to submit a copy of the executed contract for such services prior to the issuance of any grading permits. The ornithological survey shall occur not more than seven days prior to the initiation of those grading/construction activities. If the ornithologist detects any occupied nests of native birds within, or in close proximity to, the construction zone, then they shall be mapped on construction plans and the project applicant will fence off the area(s) supporting bird nests with temporary construction fencing, providing a minimum buffer of 200 feet between the nest and limits of construction. (This buffer zone shall be at least 500 feet for raptors until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the project.) The construction crew will be instructed to avoid any activities in the zone until the bird nest(s) is/are no longer occupied, per a subsequent survey by the qualified ornithologist. Alternatively, the project applicant will consult as appropriate with the USFWS to discuss the potential loss of nests of native birds covered by the MBTA to obtain the appropriate permit from the USFWS. (DSD) 31. ___ Fire Master Plan. Submit a Fire Master Plan (Service Code PR145) to the Orange County Fire Authority for review and approval and provide an approved copy of Fire Master Plan to Utilities Engineering. (OCFA, UENG) 32. ___ Property Owner's Association -Maintained Improvements. Prior to approval of plans, the applicant shall indicate on the plans that all improvements, including but not limited to streets, drainage, water, sewer, street lights, street signage, striping improvements, the water quality best management practices (BMPs) identified in the Water Quality Management Plan (WQMP), parks, graded slopes, landscaping and irrigation facilities within the interior of the property designated as private, shall be maintained by a Property Owner's Association, recorded Conditions, Covenants and Restrictions (“CC&R’s”) or such other entity approved by the City. (PWENG, UENG) 33. ___ Dedications and Maintenance Responsibility. Prior to approval, the applicant shall indicate on the plans, to the satisfaction of the City Engineer and Utilities Assistant Director, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PWENG, UENG) Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 10 of 18 34. ___ Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously-approved permits, a permit shall be required. All improvement work, whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. (PWENG) 35. ___ 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 shall obtain approval of, a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (PW) 36. ___ Grading Access and Haul Route Plan. 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 of: (PW) a. An on-site plan showing location of the access point, for the earth moving and grading equipment and for workers vehicles entering and exiting the site. b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. 37. ___ Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-of-way improvement permits, the applicant shall adhere to the following conditions during the entire grading and construction operation: (PW) a. If any drainage problem is anticipated or occurs during construction, then the applicant shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to insure the durability of the solution. b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Public Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 11 of 18 Works and Utilities Director and shall be subject to a supplemental Geotechnical Soils Report and additional fees. 38. ___ Water Quality Management Plan (WQMP). Prior to issuance of a grading permit, the applicant shall submit a WQMP to Public Works Engineering for review and approval by the City Engineer. (PW) 39. ___ Hydrology Report. Prior to issuance of a grading permit, the applicant shall submit a Hydrology Report to Public Works Engineering for review and approval by the City Engineer. (PW) The following conditions of approval shall be met prior to issuance of building permits for the project. 40. ___ Architecture. Submit architectural (service codes PR200-PR285), private underground piping (service code PR470-PR475), and fire sprinkler system plans (service codes PR400-PR465) for review and approval OCFA and Utilities Engineering. (OCFA, UENG) 41. ___ FEMA Compliance. Architectural and structural plans shall be prepared in accordance with the most recent version of the City of San Juan Capistrano Floodplain Management regulations, all NFIP and FEMA floodplain requirements, and FEMA Title 44 Chapter I Part 60 requirements including but not limited to Subparagraphs 60.3(c)(3)(ii) and 60.3(c)(4) of the NFIP regulations. (PW) 42. ___ Concealing Interior Construction. Prior to concealing interior construction, receive approval of sprinkler monitoring system (service code PR500), fire alarm system (service code PR500-PR520), and hood and duct extinguishing system (service code PR335). (OCFA) 43. ___ Historic Depiction Program. Prior to issuance of a building permit, the applicant/developer shall submit a proposed Historic Depiction Program (HDP) to the Development Services Department. The HDP shall require 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 any certificate of occupancy. (DSD) 44. ___ SWPPP & NOI. The project applicant shall submit a Notice of Intent (NOI) and a Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with the NPDES General Construction Permit requirements. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 12 of 18 The SWPPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the project site. Measures shall include temporary erosion control measures (such as silt fences, staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by the City of San Juan Capistrano and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB and City. (PWENG) 45. ___ Hazardous Materials. If any hazardous materials are to be used or stored on site, prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. (Fire) 46. ___ Capistrano Circulation Fee Program (CCFP). The applicant shall pay CCFP fees, as required by the CCFP at issuance of building permits. (PW) 47. ___ Final Landscape Plans. The applicant shall submit the final landscape plans to the Development Services Department for review and approval. Said plans shall include adequate screening for views from 31921 Los Rios Street onto the project parking lot. (DSD) 48. ___ Photometric Plan. The applicant shall submit a photometric plan to the Development Services Department for review and approval. (DSD) 49. ___ Trash Enclosure - Service Access. The applicant shall submit a trash enclosure plan to CR&R for their review and approval. Said approved plan shall be submitted to Public Works Engineering for review and approval by the City Engineer. Said plan shall identify all receptacles and trash truck service access and vehicle path of travel. (PW) The following conditions and requirements shall be met during construction, from the beginning of the first ground-disturbing activity until the use has been released for occupancy. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 13 of 18 50. ___ Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with all approved plans and permits, including: (PWENG, UENG, DSD) a. Approved Erosion and Sediment Control Plan b. Approved L.I.D. (Low Impact Development) Plans/Features. c. All grading shall take place on the subject property. d. Approved Water and Sewer Improvement Plans 51. ___ Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(DSD) 52. ___ Archaeologist. A qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained by the project applicant and shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, or excavating on or below the original ground surface (including during project-related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should nonhuman cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. (DSD) 53. ___ Native American Monitor. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, 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 Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 14 of 18 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) 54. ___ Final Geotechnical Evaluation. Prior to earthmoving activities for the project, a registered civil engineer, geotechnical engineer, or equivalent, shall be retained to perform a final geotechnical evaluation of the soils at a design-level as required by the requirements of the California Building Code Title 24, Part 2, Chapter 18, Section 1803.1.1.2 related to expansive soils and other soil conditions. The evaluation shall be prepared in accordance with the standards and requirements outlined in California Building Code, Title 24, Part 2, Chapter 16, Chapter 17, and Chapter 18, which addresses structural design, tests and inspections, and soils and foundation standards. The final geotechnical evaluation shall include design recommendations to ensure that soil conditions do not pose a threat to the health and safety of people or structures and infrastructures, including threats from landslides, unstable soils, expansive soils, or post- construction settlement. The grading and improvement plans shall be designed in accordance with the recommendations provided in the final geotechnical evaluation. (PWENG, UENG) 55. ___ MS4 Structural BMP Inspection. During construction the project applicant shall have a registered civil engineer oversee the construction of all structural BMPs on the site to ensure that the final construction is consistent with the approved plans. The civil engineer must prepare and submit a signed and stamped report that confirms the BMP has been constructed per the plans, WQMP, and MS4 Permit requirements. The report shall document the construction of the BMP(s) and confirm that it is functioning properly prior to issuing occupancy permits. The report shall be approved by the City Engineer prior to issuing occupancy permits. All costs for this work shall be borne by the contractor/developer. (PW) 56. ___ SWPPP & NOI. The project applicant shall enforce the Storm Water Pollution Prevention Plan (SWPPP) and maintain the site as well as provide all required reports and submittals to the RWQCB in accordance with the NPDES General Construction Permit requirements. The SWPPP shall be designed to control pollutant discharges utilizing Best Management Practices (BMPs) and technology to reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to reduce pollutants in stormwater runoff from the project site. Measures shall include temporary erosion control measures (such as silt fences, Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 15 of 18 staked straw bales/wattles, silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) that will be employed to control erosion from disturbed areas. Final selection of BMPs will be subject to approval by the City of San Juan Capistrano and the RWQCB. The SWPPP will be kept on site during construction activity and will be made available upon request to representatives of the RWQCB and City. (ENG) 57. ___ Traffic Improvements. Prior to the issuance of occupancy permits, the project applicant shall implement the following improvement to the Paseo Adelanto and Del Obispo Street intersection: a. Restripe the southbound approach on Paseo Adelanto to provide a southbound (outbound) 18-foot shared left/through/right-turn lane and two (2) departure (inbound) lanes (one 12-foot lane and one 10-foot lane); and b. Restripe the eastbound approach on Del Obispo Street to provide dual eastbound left-turn lanes with a minimum storage of 70-feet each lane and a 50-foot transition or as determined in the approved striping plan. In order to accommodate the recommended dual eastbound left-turn lanes on Del Obispo Street via the provision of two (departure) northbound receiving lanes on Paseo Adelanto, the one of two options shall be implemented: Option 1: Eliminate the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto, and sign and stripe the curb lane as a right-turn lane into the project driveway. Option 2: Widen the street along the west side of Paseo Adelanto, as necessary, and sign and stripe the curb lane as a right-turn lane into the project driveway to maintain the proposed on-street angled parking south of the proposed project driveway along Paseo Adelanto or existing lane configuration on the southbound approach of Paseo Adelanto at Del Obispo Street. Any additional right-of-way within the Orange County Flood Control parcel required to implement this improvement option, beyond that already proposed to construct a traffic circle at Paseo Adelanto and River Street, will require the project applicant to obtain approval from the Orange County Flood Control District. Re-striping of the Del Obispo Street at Paseo Adelanto intersection and improvements to Paseo Adelanto are subject to review and approval of the City of San Juan Capistrano Public Works/Engineering Department. Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 16 of 18 Prior to release of utilities or a certificate of occupancy, complete the following: 56. ___ Water Service. Obtain water service application forms for domestic water meter, fire line assembly, and landscape irrigation meter from the Utilities Engineering Division or other utility provider, complete the applications, and submit them to the Utilities Engineering Division for processing. (UENG) 57. ___ 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, Assistant Utilities Director, or other utility provider, 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. (UENG) 58. ___ Backflow Tests. Perform required backflow prevention device(s) test(s) and submit certified test results to the Utilities Engineering Division or other utility provider (UENG) 59. ___ Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Division, the applicant shall schedule a final inspection by the Planning/Building Division, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application, and shall submit a copy of the project LID features/BMP structures or devices in a GIS format so that they can be included in the City’s stormwater Treatment Control BMP (TCBMP) database.(DSD) 60. ___ Plan Compliance. The project shall be constructed per the approved plans (architecture, grading, landscape, etc.). Any variations shall be submitted to the Development Services Department for review and approval. (DSD) 61. ___ Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy, the applicant shall complete, to the satisfaction of the City Engineer and Utilities Assistant Director all facility improvements required of this development and necessary to serve the development, in accordance with the City approved plan and exceptions (PWENG, UENG) The following conditions shall be met prior to acceptance of improvements, release of bonds and/or surety and final utility clearances: Resolution # 19-09-24-03 Final Conditions of Approval Project # CA 16-003, River Street Marketplace Date: September 24, 2019 Page 17 of 18 62. ___ 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 and Utilities Assistant Director 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. (PWENG, UENG) 63. ___ Provide Record Mylars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer and Utilities Assistant Director for review and obtain approval for the reproducible “As Built” Duplicate Mylar Plans of all on-site and off-site 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 treatment control BMP’s. (PWENG, UENG) 64. ___ Video Survey of Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the Utilities Engineering Division, Utilities Assistant Director for review, and shall obtain approval for, a video survey (submitted on USB Drive), filmed in the presence of a City Staff representative/Utilities 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 Utilities Assistant Director. (UENG) 65. ___ 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. (PWENG) 66. ___ 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. (PWENG)