19-1015_RIVER STREET SJC, LLC_Agenda Report_D1_Attachment_7_Part_3PC 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
APPROX IMATELY 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 (15 th) 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 t o 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. (PW ENG, 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. (PW ENG, 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 & PW ENG)
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. (PW ENG)
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 Pollutan t 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. (PW ENG)
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 drain age
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. (PW ENG)
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 fla gman 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: (PW ENG)
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. (PW ENG)
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. (PW ENG)
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 wou ld 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 f encing, 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 pla ns 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. (PW ENG, 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. (PW ENG, 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.
(PW ENG)
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 Depicti on 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 tak en 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: (PW ENG, 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 S undays 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 monito r
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 prepare d 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 geot echnical 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 confirm s 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
(PW ENG, 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. (PW ENG, 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. (PW ENG, 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. (PW ENG)
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. (PW ENG)