Loading...
PC Resolution-20-05-12-02PC RESOLUTION NO. 20-05-12-02 Floodplain Land Use Permit (FP) 18-001 & Tentative Tract Map (TTM) 20-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE FLOODPLAIN LAND USE PERMIT (FP) 18-001 AND TENTATIVE TRACT MAP (TTM) 20-001 FOR THE GANAHL LUMBER PROJECT LOCATED ON THE LOWER ROSAN PROPERTY AT 25865 STONEHILL DRIVE, CONTINGENT ON THE CITY COUNCIL CERTIFYING THE FINAL EIR FOR THE PROJECT WHEREAS, Ganahl Lumber Co. (the "Applicant") is proposing the Ganahl Lumber Project ("Project"), an approximately 17-acre commercial project at 25865 Stonehill Drive. The Project entitlements required for the Ganahl Lumber development include, among other approvals, Floodplain Land Use Permit (FP) 18-001 and Tentative Tract Map (TTM} 20-001; and WHEREAS, Land Use Code Section 9-4.203 requires a tentative tract map for all subdivisions creating five or more lots. The propo~ed map entails subdividing the approximately 17-acre site into five (5) lots ranging in size from approximately 29,621 (0.68 acres) to 462, 172 (10.61 acres) square feet. The lots have been designed to accommodate the proposed and future uses on the site; and WHEREAS, before the City Council may approve a tentative tract map, it must make the findings set forth in Land Use Code Section 9-4.223; and WHEREAS, before the City Council may approve a floodplain permit application, it must make the findings set forth in Land Use Code Section 9-2.321, subsection ( e); and WHEREAS, the Planning Commission has authority to review and make recommendations to the City Council regarding approval of tentative tract maps and floodplain land use permits; and WHEREAS, the Commission may recommend approval of a tentative tract map or floodplain land use permit if the corresponding findings can be made; and WHEREAS, the City prepared a Draft Environmental Impact Report ("DEIR") that analyzed the proposed Project's environmental impacts in compliance with the provisions of the California Environmental Quality Act ("CEQA"). The DEIR was made available to the public for review and comment for 45 days between January 6, 2020, and February 19, 2020. During and following the close of the public review period, the City received numerous comment letters and e-mails on the project. For those letters and e- mails that raised CEQA-related issues, the City has prepared Response to Comments as required by CEQA, which are included in the Final EIR. The Final EIR determined that the proposed Project could result in potentially significant and unavoidable impacts to traffic as a result of the Project. The Project would result in potentially significant impacts PC Resolution 20-05-12-02 2 May 12, 2020 at two roadway segments: Stonehill Drive between Camino Capistrano and Project driveway and between Project driveway and Del Obispo Street. In addition, the proposed Project would also result in potentially significant impacts at the intersection of Del Obispo Street/Stonehill Drive. Further, the impacted intersection is located within the City of Dana Point, and mitigation cannot be enforced within another jurisdiction outside of the City of San Juan Capistrano. No feasible mitigation is available to reduce the impacts on these two roadway segments and intersection. The Final EIR demonstrates that all other environmental impacts can be reduced to a level of less than significant through the incorporation of mitigation measures. The Draft EIR and Final EIR for the project are available on the City's website at: http://sanjuancapistrano.org/Departments/Development -Services/Planning; and WHEREAS, the Planning Commission has carefully considered the application, all the information submitted by the Applicant, the public, and city staff in connection with the Project, including the agenda report prepared by staff for these and other Project approvals. NOW, THEREFORE, BE IT RESOLVED, that the recitals above are incorporated herein by reference as findings of the Planning Commission. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful consideration of the agenda report, including its detailed discussion of these findings, and all the other evidence that was presented in connection with this Project, the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as required by Section 9-4.223, Findings for approval of tentative maps, of Title 9, Land Use Code of the City of San Juan Capistrano: (1) The proposed map is consistent with the General Plan. There is no applicable specific plan or comprehensive development plan. (2) The design or improvement of the proposed subdivision is consistent with the General Plan. There is no applicable specific plan or comprehensive development plan. (3) The site is physically suitable for the type of development. (4) The site is physically suitable for the proposed density of development. (5) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (6) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful PC Resolution 20-05-12-02 3 May 12 , 2020 consideration of the agenda report, including its detailed discussion of these findings, and all the other evidence that was presented in connection with this Project, the Planning Commission of the City of San Juan Capistrano does hereby make the following findings as required by Subsection (e) of Section 9-2 .321, Floodplain land use permit, of Title 9, Land Use Code of the City of San Juan Capistrano: (1) The application complies with all of the location and land use standards for uses or structures as set forth in Section 9-3.405 of this Code. (2) Approval of the application will not result in a discernible net increase in water surface elevation, will not create or exacerbate erosive velocities within special flood hazard areas, and will not contribute to flooding of other properties not previously inundated by the 100-year storm event. (3) Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection. (4) The proposed use and development of the property are consistent with all other applicable requirements of the Municipal Code and of the Federal Emergency Management Agency, California Fish and Game Department, United States Army Corps of Engineers, and Regional Water Quality Control Board requirements in effect at the time the application was deemed complete. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council approve Floodplain Land Use Permit (FP) 18-001 and Tentative Tract Map (TTM) 20-001 for the Project, subject to the Conditions of Approval established by Exhibit A, attached hereto and incorporated herein, and contingent upon the City Council certifying the Final EIR for the Project. EFFECTIVE DATE & FINAL APPROVAL: This resolution takes effect on the expiration of the 15-day appeal period if no appeal application has been filed. The appeal period expires at 5:30 pm, Wednesday, May 27, 2020. This project approval is valid for a period of 12 months from the effective date of approval of this resolution, and it expires on May 28, 2021, unless a time extension request or building permit application related to this approval is submitted to the City prior to that date. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PC Resolution 20-05-12-02 4 May 12, 2020 PASSED, APPROVED AND ADOPTED this 121h day of May, 2020. cJt--uL Tum'Wilhelm, Chair Ser~AICP, Assistant Development Services Director/Secretary EXHIBIT "A" P .C. RESOLUTION 20-05-12-02 CONDITIONS OF APPROVAL PROJECT LOG #: FP 18-001, and TTM 20-001 PROJECT NAME: Ganahl Lumber APPROVAL DATE: May 12, 2020 Flood Plain Land Use Permit 18-001 (FP), and Tentative Tract Map 20-001 (TTM), are approved subject to compliance, to the reasonable satisfaction of the Development Services Department, with all applicable sections of the San Juan Capistrano Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by the above referenced approved applications. These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. Approval of these applications is contingent upon the City Council approving the Flood Plain Land Use Permit 18-001 (FP), and Tentative Tract Map 20-001 (TTM). If Flood Plain Land Use Permit 18-001 (FP) or Tentative Tract Map 20-001 (TTM) are denied by the City Council, the approval of the above referenced applications is deemed null and void. General Conditions: 1. The applicant proposes to develop a 145,074 square feet square foot lumber retail and storage business, future food uses totaling 6,000 square feet and a vehicle storage for up to 399 vehicles, with landscaping, grading, and signage, at 25865 Stonehill Drive. This project approval is based on and subject to the application materials prepared by Withee Malcolm Architects, LLP and Truxaw and Associates dated May 4, 2020, including building elevation(s), floor plan(s), grading, sign plans, landscaping, site plan and materials board plan. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 2of17 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 Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option , to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 3. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 4. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery and/or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: Monday through Friday Saturday 7:00 a.m. to 6:00 p.m . 8:30 a.m. to 4:30 p.m . 5. Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 6. The applicant shall comply with all requirements from the Building & Safety Division and all other City departments. 7. The applicant shall schedule a final inspection with the Development Services Department Public Works Department, and Utilities Department to inspect the final construction of improvements related to their department's discipline to to ensure consistency with the approved plans and conditions of approval. 8. Compliance with Outside Requirements. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, Santa Margarita Water District or City regulations or requirements. To the extent not precluded by Government Code Section 65961, the applicant shall comply with all requirements of the Municipal Code, all requirements of City ordinances, resolutions, and all applicable standards and policies that are in effect at the time that building permits are issued for the development. 9. Signed Plans. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required , only by those individuals legally authorized to do so. Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 3of17 1 O. Applicant Responsibilities. 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. 11. Discrepancy Clause. In the event that exhibits, and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 12. Fees. 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. · 13. Final Tract Map. Final Tract Map shall be in substantial compliance with the Tentative Tract Map (TTM), Subdivision Map Act and submitted for review and approval to the City Engineer's satisfaction prior to issuance of any permits including but not limited to; grading, building, utility, and/or encroachments unless otherwise allowed by the City Engineer. At a minimum, Final Tract Map shall include information related to all existing and proposed easements, dedications, property lines, flood zones, utilities, ownership, lot sizes, legal descriptions, and site data as required by Public Works, Planning, and Utilities Departments. 14. Mobile Home Park Emergency Access. No permanent obstructions shall be constructed or installed within Lot 3 that would prevent use of the adjacent mobile home park's emergency access to the west side of the property. The Following conditions shall be satisfied prior to approval of any final map and in accordance with the Subdivision Improvement Agreement: 15. Compliance with Map Act and Municipal Code. Prior to approval of the final map, the tract map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. (PW) 16. Payment of Fees. Prior to approval of the final map the applicant/sub-divider shall fulfill all applicable fee requirements in accordance with the City Municipal Code, as last revised and the City Schedules of Rates and Charges, as last revised. (PW & UD) Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 4of17 17. Wastewater Study. Prior to approval of the final map, the applicant/sub-divider shall submit to the Assistant Utilities Director for review and shall obtain approval of, a Wastewater Feasibility Study, prepared by City Sewer Master Plan Consultant, Tetra Tech Engineering, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. Any deviation from these requirements shall be subject to Assistant Utilities Director review and approval. (UD) 18. Public Facility Easements to be in Lettered Lots Maintained by Owner or Property Manager. Prior to approval of the final map, the applicant/sub-divider shall demonstrate to the satisfaction of the City Engineer and Assistant Utilities Director that public facilities, such as drainage, sewer, and water, are designed to be located within the right-of-way. Any deviation shall require prior authorization from the City Engineer and Assistant Utilities Director. If facilities are proposed in easements, said easements shall be placed in lettered lots and their surfaces shall be maintained by the Owner. A 20-foot wide sewer easement on the Orange· County Transit Authority-Metrolink property shall be obtained by the applicant/sub-divider for the project off-site sewer main for the benefit of the City of San Juan Capistrano. Applicant/subdivider shall provide a 12-foot wide all weather (decomposed granite) surface on said easement to be centered on the off-site sewer. Any exception shall be subject to review and approval by the City Engineer and Assistant Utilities Director. (PW & UD) 19. Dry Utilities (Electric, Telephone. Cable TV. Gas) Plans. Prior to approval of the final map, the applicant/sub-divider shall submit concurrently with the Street/Sewer/Water/Drainage Improvement Plans/Landscape Irrigation, all Electrical, Gas, Telephone and Cable Television installation plans to the City Engineer for review and approval, to ensure compatibility with existing and proposed improvements. All utility lines with junction structures shall be underground. Any deviation from these requirements shall be subject to prior City Engineer and Assistant Utilities Director review and approval. (PW & UD 20. Sewer Improvement Plans. Prior to approval of the final map, the applicant/sub-divider shall submit Sewer Improvement Plans prepared by a California State Registered Civil Engineer to the Assistant Utilities Director and City Engineer for review and approval. These plans shall be specific to the project and shall reflect consistency with the City's Sewer Master Plans, City standards, specifications, and City Municipal codes. (UD) The applicant/sub-divider shall design the off-site sewer main connections and pipelines in accordance with City sewer standards and American Public Works Association Standards, unless otherwise determined by the Assistant Utilities Director. Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 5of17 The Sewer Improvement Plans shall include at minimum, a 20 foot wide easement, where it is applicable. The applicants/subdivider shall design the development gravity sewer system to connect to an existing City sewer manhole on the east of the railroad right-of-way south of Stonehill Bridge. The Sewer Improvement Plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant/subdivider's cost to the satisfaction of the Assistant Utilities Engineer Director and the City Engineer. Any deviation from these requirements shall be subject to prior Assistant Utilities Engineer Director and City Engineer review and approval. (PWD & UD) 21. Water Improvement Plans. Prior to approval of the final map, the applicant/sub-divider shall submit Water Improvement Plans, including a Water Improvement Phasing Plan, prepared by a California State Registered Civil Engineer to the Assistant Utilities Director for review and approval. These plans shall include, but shall not be limited to, the following water requirements: (UD) Domestic Water Improvements: The applicant/sub-divider shall design the off-site domestic water main connections and pipelines in accordance with City water standards and American Water Works Association Standards, unless otherwise determined by the Assistant Utilities Director. The applicant/sub-divider shall connect to an existing 12-inch water main in Stonehill Drive and shall provide a minimum 10- foot wide easement for the public segment of the proposed off-site water main including the fire line, domestic water meter, and backflow prevention devices on the project property. On site water facilities including fire hydrants shall be privately operated and maintained by the applicant/sub-divider. (UD) 22. Street Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit offsite and onsite Street Improvement Plans prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. These plans shall show all existing and proposed improvements including, but not limited to, striping, signage, signalization, , street lights along project frontage, storm drain, sewer, water and all related appurtenances (PW&UD). The street improvement plans shall conform to the following requirements: a. Design Speeds for Streets. Street improvement plans shall be designed per City standards and shall be designed to the satisfaction of the City Engineer. b. Sidewalks. Sidewalks shall be provided on east side of the entry street/driveway extension consistent with the approved Tentative Tract Map (TIM) for the project and along the north side of Stonehill Drive directly Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 6of17 adjoining the project site and extending easterly and westerly to connect to the existing sidewalks on Stonehill. Any deviation to such standards shall require a special authorization from the City Engineer. c. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk or parkway which reduces the width to less than four feet, in compliance with the American with Disabilities Act (ADA) requirements. d. A right hand turn lane off of Stonehill Drive (westbound) into the entry roadway of project will be required. 23. Traffic Improvement Plans. Prior to approval of the final map, the applicant/subdivider shall submit a Traffic Improvement Plan for all offsite and onsite streets within the subdivision prepared by a California State Registered Traffic Engineer or Civil Engineer to the City Engineer for review and approval. These plans shall show the striping, signage, signalization, lane addition(s) 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 & UD) 24. Construction Cost Estimates. Prior to approval of the final map, the applicant/subdivider shall submit an estimate of quantities and construction costs of all proposed Works of Improvements (e.g. Street/Sewer/Water/Drainage/Landscaping Irrigation etc .. ) associated with this development prepared by a California State Registered Civil Engineer pursuant to the City requirements to the City Engineer and Assistant Utilities Director for review and approval. Said estimates shall include, but not be limited to, the costs for construction of all on-site and off-site improvements for street, signing and striping, traffic signals, street lights, storm drains, water, sewer, landscape, irrigation systems, recreational trails, and the setting of survey monuments and centerline ties. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer and Assistant Utilities Director. (PW & UD) 25. Bonding and Securities. Prior to approval of the final map, the applicant/subdivider shall execute a Subdivision Improvement Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials Testing, Inspection, Construction Management, Surveying, etc .. ), as prepared by a Registered Civil Engineer and approved by the City Engineer, Assistant Utilities Director and City Attorney for all onsite and offsite improvements including, but not limited to, street improvements, signing, signalization, striping and street lights, storm drains, sewer, water, recreational trails, landscaping and irrigation in rights-of-way, private slopes, and open space. In addition, the applicant/subdivider shall provide labor and materials Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 7of17 bonds/securities for 100 percent of the above estimated improvement costs, inclusive of the associated soft costs, as determined by the City Engineer. Labor cost of all improvements to be dedicated to City as public facilities to operate and maintain shall be per prevailing wages rate per California Labor Code Section 1720-1743. An additional bond, as determined by the City Engineer, shall be required for street maintenance purposes to ensure the conditions of all local driveways/streets within the subdivision , including the offsite emergency access road , are acceptable to the City Engineer. (PW) 26. OCFA Flow Demands. Prior to approval of the final map, the applicant/sub- divider shall obtain from the Orange County OCFA Authority (OCFA) the required fire flow demands and fire protection requirements to serve the development within that final map and shall provide evidence of satisfactory OCFA flow. (UD) 27 . Dedication of Water Facilities and Water Rights. Prior to approval of the final map, the applicant/sub-divider shall dedicate on the final map, at no cost to the City, all public water facilities, water rights and the required easements not less than 20 feet wide easement, to the City for project improvements. (UD) 28. Tentative Map Compliance and Closure Calculations. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer and Assistant Utilities Director for review, and shall obtain approval/recordation of, a final map in substantial compliance with the approved tentative map. Said map shall be accompanied with traverse closure calculations and an updated Title Search Report. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. (PW & UD) a. Applicant/Sub-Divider Maintained Improvements. Prior to approval of the final tract map, the applicant/subdivider shall indicate on the final map that all improvements, including but not limited to, streets, drainage, street lights, street signage, striping improvements, private and public water and sewer facilities, the project water quality structural BMP's, best management practices identified in the Water Quality Management Plan (WQMP), parks, graded slopes, landscaping, and irrigation facilities within the interior of the tract designated as private, shall be maintained by the owner or strhall make other provisions for maintenance to be approved by the City. 29. Prior to apprbval of the final map, the applicant/subdivider shall submit a precise grading plan(s) prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer, Assistant Utilities Director, and Building Official. The precise grading plan(s) shall be consistent with the approved rough grading plan and the approved Tentative Tract Map 18161 . Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 8of17 30. Dedications and .Maintenance Responsibility. Prior to approval of the final map, the applicant/subdivider shall indicate on the final map, to the satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PW & UD) Prior to the approval of the final map the applicant/subdivider shall provide: a. Provisions for maintenance by the Owner or Property Manager for the water quality best management practices identified in the Water Quality Management Plan (WQMP), of all private drainage facilities, including retention/detention basins that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually. b. A provision that gives the City the right to assume inspection and maintenance of any NPDES facilities, if the City determines that the Owner or Property Manager has not inspected and maintained said facilities in accordance with the permit requirements, and that, in such event, the Owner shall be financially responsible to pay City for the costs the City incurs in such inspection and maintenance role. (PW & UD) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S): 31. Payment of Fees. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall pay all applicable fee requirements in accordance with the City Municipal Code, as last revised and the City Schedules of Rates and Charges, as last revised. (PW&UD) 32. 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 & UD) 33. Encroachment Permit Haul Route. A Public 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) 34. Grading Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit the required number of copies of grading plans prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer for the entire project site. Also, the applicant/subdivider shall submit the required number of copies of Grading and Precise Grading Plans to Santa Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 9of17 Margarita Water District for District review and approval for in respect to the District's existing Chiquita Outfall line which crosses the project site along the western portion of the property in an easement that depicted on Tentative Tract Map. Such plan shall be in substantial conformance with the grading concept made as part of the Tentative Tract Map 18161. Prior to approval of the final map, the applicant/subdivider shall submit a precise grading plan(s) prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer, Assistant Utilities Director, and Building Official. The precise grading plan(s) shall be consistent with the approved rough grading plan and the approved Tentative Tract Map 18161. These plans shall conform to the City and the County of Orange grading plan standards and depict, at minimum, all existing features, the limits of grading, the drainage, retention/detention basins, sewer facilities, water facilities, existing and proposed easements and right-of-way boundaries, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended sufficiently beyond the tract's boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the County of Orange benchmark datum. All drainage design must depict proper conveyance to the on-site street or a City approved drainage facility with appropriate pre-treatment facilities or Best Management Practices (BMP) in place pursuant to the National Pollutant Discharge Elimination System (NPDES) permit requirements. All grading plans shall be subject to review by a third-party geotechnical consultant retained by the City to ensure geotechnical stability to the satisfaction of the City Engineer. (DSD, PW&UD) 35. Grading Access and Haul Route Plan. Prior to issuance of grading and right- of-way improvement permits, the applicant/subdivider 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. c. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees. Resolution 20-05-12-02 Ganah/ Lumber Project Conditions of Approval Page 10of17 All existing easements as listed on the TTM shall be shown on grading plans and disposition of the existing easements in respect to the proposed development shall be determined. If an easement is to be quitclaimed, a copy of the quitclaimed document shall be provided to the City Engineer. 36. Traffic Improvements. The applicant/subdivider shall be responsible to pay for all costs (including design) required to furnish and install the traffic signal improvements, westbound right turn lane, and signal synchronization between project driveway and Camino Capistrano. The applicant/subdivider shall also submit improvement plans prepared by a Registered Traffic Engineer for the above mentioned improvements. Right-of-way shall be dedicated if needed to construct the right turn lane. (PW) 37. Erosion & Sediment Control Plans. Prior to issuance of grading and right-of- way improvement permits, the applicant/subdivider shall submit an Erosion/Sediment Control Plan for the regulation and control of pollutant run- off by using Best Management Practices (BMPs), prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The plan 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. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and the project shall be issued a WDID number through the Regional Water Resources Control Board and the project downloaded into the SMARTS program. In order to control pollutant run-off, the applicant/sb-divider shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2009- 0009 (As amended by 2010-0014-DWQ and 2012-0006-DWQ) and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. (PW) 38. Water Quality Management Program. a. Prior to issuance of a grading permit, the applicant/subdivider shall submit concurrently with the grading plans, erosion control plans, and drainage plans a Final Water Quality Management Program (WQMP), as prepared by a California State Registered Civil Engineer, to the City Engineer for review and approval. All erosion and sediment control measures as specified in said approved WQMP shall be implemented during the grading operation to the satisfaction of the City Engineer. (PW) Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 11of17 b. Prior to issuance of grading permit, the applicant/subdivider shall submit a final WQMP as prepared by a California State Registered Civil Engineer to the City Engineer for review approval. (PW) 39. Drainage Improvement Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit Drainage Improvement Plans as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Improvement Plans shall be specific to the project, and be consistent with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. Detention/retention basins shall be designed to accommodate the 100-year . storm flow with engineered secondary overflow devices. An engineered secondary overflow shall also be provided for storm drain systems designed with sump conditions to preclude flooding of private properties. All drainage must be conveyed to the on-site street or a City approved drainage facility. If an existing downstream drainage facility, whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is inadequate or does not meet current City standards or, in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the proposed discharge generated by this project, the applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvementfor properly conveying such discharge, free of debris, in a manner acceptable to the City Engineer. Any deviation from these requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. The base of all slopes over ten feet in height located within 20 feet of a street section or which are adjacent to another lot shall be provided with toe drains or other drainage devices approved by the City Engineer, in order to prevent water, mud or debris from damaging or flowing onto such streets or lots. Applicant/subdivider shall obtain permission and permit from AT&SF Railroad for any work within their Right of way or if any storm drains are designed to discharge onto their property/Right-of-Way. (PW) 40. Trash Enclosure and Waste Management. Prior to issuance of a grading permit applicant shall submit plans and details showing enclosed and covered (Solid Roof) trash and waste management areas/bins. Trash enclosure space shall accommodate refuse, recycling, and organic waste collection containers and meet requirements per Cal Recycle AB .1826 SB 1383, and CalGreen Building Code Chapter 5, Section 5.410. Trash enclosures shall have a drain connected directly to the sanitary sewer system. Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 12of17 Trash and waste and asbestos management plans shall be approved by the Utilities Department, Solid Waste and Recycling Division. Applicant shall also provide a written approval letter from CR&R for trash and waste and asbestos management areas and haul off plans. Sufficient access shall be provided to allow solid waste handling truck access and turning radii 41. Connection to Public Drains must be Documented and Filed. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that any proposed connections to an existing public drainage system, from on-site drains, must be approved by the City Engineer and Orange County Flood Control District (as applicable). All documentation and revisions to existing plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. (PW&UD) 42. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider 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) · 43. Soils/Geology. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit to the City Engineer, Assistant Utilities Director, and Building Official for their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soils Engineer to determine the seismic safety and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. (PW&UD) 44. Mitigation of Drainage and Grading Problems. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider 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, the applicant/subdivider 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 Engineer and shall be subject to a supplemental Geotechnical Soils Report and additional fees. Resolution 20-05-12-02 Ganahl Lumber Pro;e-ct Conditions of Approval Page 13of17 45. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic Calculations. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall submit a Drainage Plan which includes the Hydraulic /Hydrology calculations as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Plan 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 the City's Master Drainage Plan and in accordance with all applicable City regulations, Orange County Hydrology and Orange County Public Works design criteria and requirements. (PW) 46. Construction Phasing and Mitigation Program. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall prepare and adhere to a Construction Phasing and Mitigation program, approved by the Development Services Director and Building Official containing, but not limited to, the following controls: (PW & DSD) a. Grading : 1. Comply with California Code of Regulations Title 8 Section 1529. Asbestos, for removal and disposal of existing AC waterline on the site. (UD) 2. Haul route for the movement of on and off-site of heavy earth-moving equipment. 3. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 4. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 5. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 6. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: The Development Services Director and City Engineer may modify the Construction Phasing and Mitigation Program as they deem necessary if on-site and offsite observations indicate that construction activities are creating a nuisance to adjacent property. The applicant/subdivider shall hire a project enforcement person Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 14of17 approved by the City Engineer to ensure compliance with the Construction Phasing and Mitigation Program. 47. Design of Water Facilities. Prior to issuance of grading permits, the applicant/subdivider shall design all domestic and non-domestic water facilities in compliance with City water standard specifications. If a water improvement phasing plan is to be implemented, the phasing plan shall be submitted with the improvement plans to the Assistant Utilities Director for review and approval. (UD) 48. Federal Emergency Management Agency (FEMA) Compliance. Prior to the issuance of any Grading Permits applicant shall receive approval from FEMA for a Conditional Letter of Map Revision based on Fill (CLOMR-F) or a Conditional Letter of Map Revision (CLOMR) which ever is applicable and required per FEMA. 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) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S): 49. Capistrano Ci rculation Fee Program (CCFP). Except as otherwise set out in accordance with a schedule in the Subdivision Improvement Agreement to be executed in conjunction with City approval of the first final map, the applicant/subdivider shall pay fees, in the amount prescribed by the City Council at the time of issuance, as required by the CCFP at issuance of each building permit. (PW) 50. Public Water and Sewer Plans. The applicant/subdivider shall submit Public Water and Sewer improvement Plans to Utilities Department for City review and approval. (UD) 51. Water Availability. Prior to the issuance of any building or grading permits by the Development Services Department, the applicant/developer shall consult with the Utilities Department-to determine the availability of water for their project and will secure a final "will serve" water capacity allocation. (UD) 52. Completion of Water Facilities. Prior to issuance of building permits for each building phase, the applicant/subdivider shall complete the construction of all domestic and non-domestic water (irrigation) facilities as indicated and required to serve the subject project in compliance with the City Municipal Codes and the City water standards, and American Water Works Association Standards, unless otherwise provided in the Water Improvement Phasing Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 15of17 Plan, and shall comply with the provisions below. Any exception to, or deviation from this condition shall be subject to review and approval by the Assistant Utilities Director. (UD) • The security bond for the public water facilities shall remain in effect for a minimum of 365 consecutive calendar days after all the water facilities have been completed and accepted by the City and upon the developer to renew the security prior to its expiration. • Developer shall pay the prevailing rate of hourly wages and rates for scheduled work hours and for legal holidays and overtime per California Labor Code Section 1720-1743. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY: 53. Traffic Signalization. Complete the installation of a traffic signal and westbound right turn lane at the project driveway and the signal synchronization between the traffic signals at the project driveway and at Camino Capistrano. Shall be functional and accepted by the City Engineer. (PW) 54. Monumentation and Filing of Property Corner Survey Records. Prior to issuance of a certificate of occupancy for the 1st building within the project, the applicant/subdivider's surveyor shall set monuments related to the subject property(ies) and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and Professions Code. (PW) 55. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the 1st building within the project, or prior to acceptance of the Works of Improvements and release of the performance and labor and materials securities by the City, whichever occurs first, the applicant/subdivider shall complete, to the satisfaction of the City Engineer and Assistant Utilities Director, all Works of Improvements as defined within the Subdivision Improvement Agreement and related plans required of this development and necessary to serve the development, including any required off-site improvements, in accordance with the City approved Construction Phasing and Mitigation Program, the approved Improvement Plans, and approved exceptions, and at the sole cost of applicant. (PW&UD) 56. Installation of Landscaping. Prior to issuance of a certificate of occupancy for the building, the applicant/subdivider shall submit a letter to the Development Services Director, signed by a Registered Landscape Architect, stating that all Resolution 20-05-12-02 Ganahl Lumber Project Conditions of Approval Page 16of17 materials for all landscaped areas have been installed in accordance with the approved plans for each development phase, and shall demonstrate to the satisfaction of the Director that all landscaped areas have been landscaped per the approved landscape plans. (DSD) 57. Private fire hydrants within the development shall be painted in RED color. (UD) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES: 58. Provide Record Drawing Mylars. Prior to acceptance of the Works of Improvements and release of performance and materials and labor securities, the applicant/subdivider shall submit reproducible Mylar Record Drawings of all on-site and off-site Works of Improvements e.g. Water/Sewer/Drainage/Street/Irrigation/Landscape, etc.) completed and accepted to the City Engineer and Assistant Utilities Director for review and approval. Said Record Drawings shall be prepared by a California State Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies of all Record Drawings in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". (PW&UD) 59. Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of Works of Improvements and release of performance and materials and labor securities, the applicant/subdivider shall submit a videotape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements to the City Engineer & Assistant Utilities Director for review and approval. The videotape shall become the property of the City. (PW&UD) 60. Mylar of Final Map. The applicant/subdivider shall submit to the City Engineer a reproducible copy/Mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991 . the applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor- approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW&UD) The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy: 61. Compliance With Mitigation and Monitoring Program. At all times relevant, Applicant shall comply with the Mitigation Monitoring Program ("MMRP") adopted in connection with FEIR SCH No. SCH# 2019050015 in connection Resolution 20-05-12-02 Ganahl Lumber Project with the Project. Responsible Departments/Agencies: Conditions of Approval Page 17of17 DSD: Development Services Department DSD-B&S: DSD-Building & Safety Division PW: Public Works Department UD: Utilities Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Signature-Authorized Representative Ganahl Lumber Date: --------