22-0215_JHC AQUISITIONS, LLC_D1_Attachment_1
ATTACHMENT 1
RESOLUTION NO. 22-02-15-XX
ARCHITECTURAL CONTROL (AC) 21-023
TREE REMOVAL PERMIT (TRP) 21-036
GRADING PLAN MODIFICATION (GPM) 21-024
SIGN PROGRAM (SP) 22-002
ZONE VARIANCE (ZV) 21-011
FLOODPLAIN LAND USE PERMIT 21-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING OF AN ARCHITECTURAL CONTROL (AC) 21-023, TREE
REMOVAL PERMIT (TRP) 21-036, GRADING PLAN MODIFICATION (GPM) 21-024,
SIGN PROGRAM (SP) 22-002, ZONE VARIANCE (ZV) 21-011, AND FLOODPLAIN
LAND USE PERMIT (FP) 21-003 FOR PASEO ADELANTO MIXED USE PROJECT
AND RELATED SITE IMPROVEMENTS, INCLUDING TREE REMOVALS, SITE
GRADING AND PROJECT RELATED SIGNAGE, LOCATED ON TWO ADJOINING
PARCELS TOTALING APPROXIMATELY 2.2 ACRES AT 32400 PASEO ADELANTO
(ASSESSOR PARCEL NUMBERS 668-101-23); AND ADOPTION OF A STATUTORY
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(APPLICANT: JAMBOREE HOUSING CORP. & CITY OF SAN JUAN CAPISTRANO).
Whereas, Casey Harris of Jamboree Housing Corporation at 17701 Cowan
Ave. Suite 200, Irvine CA 92675 (the “Applicant”), has requested approval of Architectural
Control (AC) 21-023, Tree Removal Permit (TRP) 21-036, Grading Plan Modification
(GPM) 21-024, Sign Program (SP) 22-002, Zone Variance (ZV) 21-011, and Floodplain
Land Use Permit (FP) 21-003 for Paseo Adelanto Mixed Use Project, a request for review
of development plans related to a proposed mixed-use project consisting of 50
apartments of affordable housing and a new 16,338 square foot City Hall Office Building
with 88 parking stalls located on a 2.22 - acre parcel at 32400 Paseo Adelanto (APN:
668-101-23) (the “Project”). The Project site has a Zoning and General Plan Land Use
Designation of Very High Density (VHD) residential; and,
Whereas, the City of San Juan Capistrano, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675, is the owner of the real property located at Assessor Parcel
Numbers 668-101-23; and,
Whereas, the City's Environmental Administrator has determined that the
project is statutorily exempt from further review pursuant to Government Code section
65583.2(h) and (i), which applies when sites are re-zoned to accommodate the Regional
Housing Needs Allocation for low and very low income housing, and results in the future
approval for multifamily rental projects on those sites to be considered a “use by right,”
which is defined to mean that the review shall not include approval that would constitute
a “project” for purposes of CEQA, and therefore, no CEQA compliance would be required.
Here, on May 6, 2016, the City adopted Resolution No. 17-05-03-01, which approved a
General Plan Amendment to amend the City’s Housing Element. That resolution
amending the Housing Element identified the City Hall site as a site that would be zoned
for low and very low income affordable housing. On May 17, 2016, the City adopted
Resolution 22-02-15-XX 2 February 15, 2022
Ordinance No. 1032 on to rezone the property to Very High Density to accommodate the
City’s RHNA allocation. This rezoning ensured that the City’s inventory of housing sites
in its Housing Element could accommodate all of the low and very low income RHNA
assigned to the City. Because the Project site was rezoned to accommodate the City’s
RHNA allocation, it would come under the provisions of Government Code Section
65583.2(i) and be considered a “use by right” that would not trigger CEQA compliance
because it is not a “project” as that term is defined under CEQA. In conclusion, because
the Project site was identified in the City’s Housing Element inventory of sites suitable for
lower income housing, and was subsequently rezoned after the City adopted the Housing
Element under a program to accommodate lower income housing, it should be considered
a “use by right” site, and any City approvals to implement the Project would not be
considered a “project” for purposes of CEQA compliance. If the Project receives final
approval, a Notice of Exemption would be filed with the County Recorder’s Office within
5 days of such approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on January 26, 2022 pursuant to Municipal Code Section 9-2.302. The Planning
Commission has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report and attachments, and materials submitted by the Applicant; and,
Whereas, as a procedural matter, the Planning Commission would normally
be the reviewing body and take final action on the Architectural Control, Tree Removal
Permit, Grading Plan Modification, Sign Program, and Zone Variance applications.
However, since Municipal Code Section 9-2.318 (c)(4) requires the Planning Commission
to provide a recommendation for final action on the Floodplain Land Use Permit to the
City Council, staff presented all the requested entitlements together as a single package
for Planning Commission review and recommendation for approval by the City Council,
in accordance with Municipal Code Section 9-2.301(j)(1) which authorizes referral of a
request for a land use decision to the reviewing authority designated as the appeal body
for that type of land use application; and,
Whereas, the City Council conducted a duly-noticed public hearing on
February 15, 2022 pursuant to Municipal Code Section 9-2.302. The City Council has
considered all public testimony on the proposed Project and all relevant public comments
and all documents and evidence submitted, including but not limited to the staff report
and attachments, and materials submitted by the Applicant; and,
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve a Density Bonus based upon
Resolution 22-02-15-XX 3 February 15, 2022
the following findings pursuant to Municipal Code Section 9-3.505(e) of Title 9, Land Use
Code of the City of San Juan Capistrano with respect to a Density Bonus request, subject
to the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The project is consistent with the Land Use Element, including Land Use Goal 2
of the General Plan, which directs the City to “control and direct future growth within
the City to preserve the rural village like character of the community”. Policy 2.2 of
Land Use Plan Goal 2 further states that the City will “assure that new development
is consistent and compatible with the existing character of the City”. As the City of
San Juan Capistrano is almost entirely built out, the proposed 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west of the property.
Locating the project at this infill property here ensures other more appropriate open
space lands remain undisturbed and preserve the predominantly rural village-like
character of the City while adding housing stock for the City.
Moreover, Land Use Policy 7.2 of the General Plan states that the City will “ensure
that new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure”. The proposed 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. Additionally, the provision of
Resolution 22-02-15-XX 4 February 15, 2022
affordable housing, as required by the 10% inclusionary housing requirement,
within the project is consistent with Policies 2.1 and 2.2 of the Housing Element,
because the project would provide 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
2. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office building
and has been designed to meet all applicable development standards and
provisions of Title 9 of the San Juan Capistrano Municipal Code including lot
coverages, setbacks, height requirements, use regulations, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements can be met and substantial
evidence supports those findings.
3. The proposed use and design of the project does not have an adverse impact with
surrounding existing and proposed land uses because the use is consistent with
the zoning code use allowances and density bonus request does not result in a
development with more than the sixty residential units originally identified for the
site when rezoned. Additionally, the proposed design of the building will use colors
and materials that are found throughout San Juan Capistrano, and are similar to
the colors and materials of the buildings on adjacent parcels and the setback and
lot coverage development standards are meeting the requirements of the VHD
zoning which ensures minimal impact to the surrounding properties. Finally, the
architectural design, landscape, and proposed parking lot features were reviewed
by the Design Review Committee, which recommended approval of the designs.
4. The proposed development will be owned and maintained by the applicant, who
has more than thirty years of experience developing and operating affordable
housing developments. A Disposition and Development Agreement is being
negotiated by the Applicant and the City of San Juan Capistrano which will
included the provisions and terms of affordability for the development as well as
forthcoming Affordability Agreements. The Disposition and Development
Agreement and Affordability Agreement are conditions of approval for the
development project. These documents are adequate documents in replacement
of Covenants, Conditions, and Restrictions as these will be recorded on the land
throughout the terms of the agreements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve Architectural Control (AC) 20-
Resolution 22-02-15-XX 5 February 15, 2022
012 based upon the following findings pursuant to Municipal Code Section 9-2.313(c) of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to AC 20-012 for
the site plan, the building’s architectural design, and site landscape under Municipal Code
Section 9-2.313(a)(1), subject to the conditions of approval identified in Exhibit A attached
to this Resolution and incorporated herein by reference:
1. Multi-family residences and public buildings and facilities, such as City Hall offices,
are permitted within the VHD zoning district. The proposed project would establish
a 50-unit residential apartment building and a 16,388 sq. ft. City Hall office building
and has been designed to meet all applicable development standards and
provisions of Title 9 of the San Juan Capistrano Municipal Code including lot
coverages, setbacks, height requirements, use regulations, Zone Variance
allowances, and affordable housing requirements which allow for concessions and
waivers to standards such as setbacks, floor to floor ratio, heights, and parking
requirements. Furthermore, the project requires approval of a Tree Removal
Permit, Grading Plan Modification, Sign Program, Zone Variance, and Floodplain
Land Use Permit concurrently with the Architectural Control application, and the
applicant has concurrently applied for these entitlements. These entitlements are
subject to separate findings which are discussed separately under each
application. The findings for the other entitlements can be met and substantial
evidence supports those findings.
2. The project is consistent with the Land Use Element, including Land Use Goal 2
of the General Plan, which directs the City to “control and direct future growth within
the City to preserve the rural village like character of the community”. Policy 2.2 of
Land Use Plan Goal 2 further states that the City will “assure that new development
is consistent and compatible with the existing character of the City”. As the City of
San Juan Capistrano is almost entirely built out, the proposed 50-unit residential
apartment development uses an infill lot with structures which are compatible with
the neighboring developments and uses which include neighboring residential
developments within the San Juan Mobile Estates at a density of 8.32 dwelling
units per acre located to the east of the property, and the Calle Rolando Condos
at a density of 13.5 dwelling units per acre located to the west of the property.
Locating the project at this infill property here ensures other more appropriate open
space lands remain undisturbed and preserve the predominantly rural village-like
character of the City while adding housing stock for the City.
Moreover, Land Use Policy 7.2 of the General Plan states that the City will “ensure
that new development is compatible with the physical characteristics of its site,
surrounding land uses, and available public infrastructure”. The proposed 50-unit
residential apartment and City Hall office building is surrounded by commercial to
the east, office industrial to the north, public facilities to the south, and a creek and
residential beyond to the west, which uses are compatible with the proposed
mixed-use development. Furthermore, the Mission and Spanish influenced
architecture on the surrounding buildings is compatible with the Spanish colonial
architecture proposed.
Resolution 22-02-15-XX 6 February 15, 2022
In addition, the proposed multifamily and City Hall buildings are consistent with the
Goals and Policies of the Community Design Element. The project is consistent
with Policy 1.2 because the buildings have been designed with high-quality
materials and at a human scale, with separate resident and City Hall oriented
outdoor space and entryways. It is consistent with Policy 2.1 because the proposed
building incorporates Spanish colonial architecture and California native landscape
features, which complement the City’s traditional historic character.
Finally, the project is consistent with the Housing Element, which specifies that the
site could accommodate 60 residential units for lower income households,
because the project will provide 49 residential units for very-low income
households, one onsite management unit, and additional sites in the City have
been identifies within the 2021-2029 Housing Element to accommodate the 11
affordable units not being provided at the project site. Specifically, the City has
identified the Oso Planned Community, for which a developer has identified 200
units for lower income housing. This aligns with Policy 1.3 by encouraging private
sector developers to produce affordable housing. Additionally, the provision of
affordable housing, as required by the 10% inclusionary housing requirement,
within the project is consistent with Policies 2.1 and 2.2 of the Housing Element,
because the project would provide 49-units for very-low income households and
the City would be approving a density bonus, concessions, and waivers to
development standards as an incentive to development of affordable housing.
3. The project meets the lot coverage ratios and the front, rear, and side yard
setbacks except for the side setbacks from the property lines between the
proposed new structures. A waiver request is concurrently being sought pursuant
to Section 9-3.505 for the affordable housing building and a Zone Variance is
concurrently being sought for the City Hall building. The applicant has proposed to
provide all necessary residential and City Hall parking. The proposed residential
development is entitled to density bonus, parking reduction, concessions from the
floor-to-floor ratio and setbacks, and waivers from the maximum height and
number of stories. The development incorporates appropriate vehicular access,
including 25’-wide drive aisles from Paseo Adelanto.
4. The project’s character, scale and quality of the architecture, site design and
landscaping are consistent with the adopted Design Guidelines of the City because
the project incorporates materials and colors consistent with the approved
structures and signage on properties surrounding the site along Paseo Adelanto
and similar residential and office uses located within the City of San Juan
Capistrano. Furthermore, the City’s Design Review Committee has reviewed the
design of the proposed building, site design, landscaping, and signage and has
recommended approval.
5. The project’s site plan provides functional and safe vehicular and pedestrian
access and circulation because the project is accessible from the public right-of-
way into the site and provides safe vehicular access, including 25’ wide drive aisles
from Paseo Adelanto, as well as sufficient parking. These proposed means of
Resolution 22-02-15-XX 7 February 15, 2022
access have been reviewed by the City Engineer who has determined that the new
use, driveways, and parking lot modifications would not have a negative impact to
vehicular traffic on 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 throughout San Juan Capistrano, and are similar to the colors and
materials of the buildings on adjacent parcels. Finally, 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 City Council
of the City of San Juan Capistrano does hereby approve of Tree Removal Permit (TRP)
21-036 based upon the following findings pursuant Municipal Code Section 9-2.349(e) of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to TRP 21-036
for the removal of non-heritage trees under Municipal Code Section 9-2.349(c), subject
to the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The removal of the trees will not have an adverse impact on the adjacent properties
or the general welfare since the trees proposed for removal will be replaced by
three times as many trees. Further, any large trees proposed for removal will be
replaced by 36” and 48” box trees that are more mature trees. Such replacements
will not adversely impacting views, public streetscapes, and aesthetics of the site.
2. Although the development proposal and grading of the site for new buildings
outside of the flood zone requires the removal of 16 trees on the site, the applicant
has proposed to install 49 new trees throughout the site as replacements. The ten
sycamores which will be removed from the front of City Hall and the front parking
lot of City Hall will be replaced with two sycamore, four olive, and two bay laurel
trees. The six trees of various species which will be removed at the western
boundary of the site will be replaced with two bay laurel and eight willows. The
replacement trees will maintain and exceed the former urban forest canopy.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve of Grading Plan Modification
(GPM) 21-024 based upon the following findings pursuant to Municipal Code Section
9.2.323 of Title 9, Land Use Code of the City of San Juan Capistrano with respect to GPM
21-024 for onsite grading under Municipal Code Section 9-2.323(f), subject to the
conditions of approval identified in Exhibit A attached to this Resolution and incorporated
herein by reference:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, and Design Guidelines because the proposed grading, which involves
628 cubic yards of total base cut and 1,761 cubic yards of total compacted for a
Resolution 22-02-15-XX 8 February 15, 2022
total import 1,133 cubic yards of soil, is allowed and no protected ridgelines exist
on the project site. The proposed grading would reshape the existing, previously
developed building pad to be out of the flood zones and to accommodate
redevelopment of the site. The grading would conform to the requirements of
appropriate soils and geology reports, and would be performed under the
supervision of a qualified soils engineer. Landscaping has been incorporated into
the landscape plans to minimize erosion and benefit aesthetics. There is no
applicable specific plan or comprehensive development plan for this property.
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 an already developed lot with an existing City Hall with four buildings
totaling approximately 15,000 sq. ft. and would be graded, to the extent possible,
to accommodate edge conditions with existing uses, thereby minimizing impact to
adjacent properties.
3. The proposed grading would remain consistent and compatible with immediately-
adjacent lots or units, including, to the extent possible, blending of slopes with
adjacent property boundaries, rounding of slopes at both top and bottom to blend
the grading into the existing terrain, and incorporating a design which harmonizes
the design with the natural contours of the property and surrounding lots. The
proposed grading which would take place adjacent to property lines and would tie
into the adjacent properties to blend the slopes with adjacent properties, to the
extent possible.
4. The proposed modified grading plan shows the location of proposed building
footprints which would meet all required minimum setbacks for buildings as defined
in the VHD Zoning District and the general design standards, and as allowed
through the requested affordable housing density bonuses, concessions, and
waivers, and Zone Variance, including minimum setbacks from the tops and toes
of slopes, contained within Section 9-4.513, Graded Slopes.
5. The proposed modified grading would 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 does not result in any negative impacts to hydrology and
water quality as required by local and state laws. Prior to issuance of a grading or
building permit, the applicant must demonstrate to the satisfaction of the Public
Works Director that the proposed grading would not result in any negative impacts
to hydrology and water quality as required by local and state laws. The grading
modifications would not impact views or trail easements because the grading
would be screened with the use of landscaping, as conditioned, and the grading
does not encroach or alter any trail system.
Resolution 22-02-15-XX 9 February 15, 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve of a Sign Code Exception based
upon the following findings pursuant to Municipal Code Section 9-3.543(k) of Title 9, Land
Use Code of the City of San Juan Capistrano with respect to Sign Code Exceptions,
subject to the conditions of approval identified in Exhibit A attached to this Resolution and
incorporated herein by reference:
1. The building-mounted signage complies with all other applicable material in the
sign code section, specifically the maximum size of most building mounted signs,
particularly for zones which permit office and mixed uses, the height and minimum
clearance from adjacent grade is provided, with an overall design that is consistent
with the architecture of the proposed building.
2. The scale of the proposed building-mounted signage would be in harmony with the
architectural design of the building because the signage is proposed to be centered
on building elevations and architectural features, similar to previously approved
Sign Programs with building-mounted signage.
3. The building-mounted signage would not impede vision of vehicular, bicycle, or
pedestrian traffic as it would be flush with the building with clearance to provide
halo illumination and ensure no direct light can be seen from the edges of the
signage. Furthermore, the illumination of the signage complies with all other
portions of the Sign Code Section 9-3.543 with exception to the zone where
building mounted signs are permitted. As a result, the sign would not create a
hazard to other adjacent properties or tenants.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve of Sign Program (SP) 22-002
based upon the following findings pursuant to Municipal Code Section 9-2.343(c)(3) of
Title 9, Land Use Code of the City of San Juan Capistrano with respect to SP 22 -002 for
signage under Municipal Code Section 9-2.343, subject to the conditions of approval
identified in Exhibit A attached to this Resolution and incorporated herein by reference:
1. The sign program consisting of one 24 square foot metal channel letter sign, with
halo illumination, per each elevation with a public entrance to the buildings 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 comply with the Municipal Code, which
limits the size (height and width) for zones with office or mixed uses to
ensure a human scale.
Resolution 22-02-15-XX 10 February 15, 2022
• Policy 8,C.1.Colors. The proposed signage avoids the use of multiple
colors.
• Policy 8.C.4 Sign Illumination. The building mounted wall signs would
consist of individual channel letter signage that is halo lit illumination in a
manner consistent with the City’s Code and Design Guidelines.
• Policy 8.C.5 Placement. The signs are placed centered on elevations and
architectural features in a manner that complement the architecture.
• Policy 8.C Wall and Building Signs. The wall signs would not project by
more than 12 inches from the walls upon which they are attached.
2. The sign program conforms to all applicable requirements of this Code with the
granting of the requested exception to allow the building mounted signs in the VHZ
zone. The VHZ zone is most analogous to the Office Commercial and mixed use
zones. The proposed signs do not exceed the total signage allowed by the
Municipal Code in Office Commercial and because the sign design is
architecturally compatible with the proposed buildings. The sign program consists
of a visually pleasing method of providing compatible signs on both buildings to
minimize visual clutter and to unify the appearance of the site to create a distinctive
sense of place. There is no applicable specific plan or comprehensive
development plan for this property.
3. The sign program is generally compatible with the design character of adjacent
properties and/or rights-of-way because the signs in the sign program would not
impact the right of way, due to their placement, and would not create light or glare
impacts to the adjacent properties as the internally illuminated halo signage would
comply with the city’s illumination standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve of Zone Variance (ZV) 21-011
based upon the following findings pursuant Municipal Code Section 9-2.351 of Title 9,
Land Use Code of the City of San Juan Capistrano with respect to ZV 21-011 for a 20’
encroachment into the side yard setback from the City Hall building, subject to the
conditions of approval identified in Exhibit A attached to this Resolution and incorporated
herein by reference:
1. There are special circumstances that are applicable to the property in that the
proposed property lines which will divide the residential development from the City
Hall development will transition the property from narrower at the north property
line to wider as it transitions south. This transition is needed due to the existing
City facilities which need to remain accessible and within the ownership of the City.
The narrowing of the property line results in the need for the City Hall building to
encroach into the side yard setback, creating a 0’-0” side yard along the shared
property line with the proposed residential building. The residential development
will also have a 0’-0” setback; however, this is permitted under an affordable
housing concession and does not require a Zone Variance. Furthermore, the City
Hall building which is proposed to be demolished as a part of this project, is
currently developed with a 0’-0” setback from the front yard along the northern
Resolution 22-02-15-XX 11 February 15, 2022
property line. The proposed development adheres to the setback from the north
property line but would encroach into the side yard setback proposed to be shared
with the new residential building. The strict application of the VHD development
standards found in Section 9-3.301(c)(1) would deprive the applicant of privileges
enjoyed by other properties within the surrounding development by not allowing
the City Hall to maintain a 0’-0” setback, relocated from the north property line to
a property line which will be shared between the new developments.
2. Granting the Zone Variance would not constitute a grant of special privileges;
rather, it would allow the property to enjoy comparable development to that
previously permitted for site and zoning district since the current City Hall has a 0’-
0” setback to the north property line. The proposed development will adhere to the
setback from the north property line but would instead encroach into the side yard
setback proposed to be shared with the new residential building.
3. Granting the Zone Variance would not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan because
the project would not result in any new non-conformities with the applicable
development standards for the VHD District that govern the property or be
inconsistent with any applicable provisions of the General Plan. The allowable land
use is VHD residential which allows multifamily and public buildings on the lot and
the Zone Variance would not change the existing land use of the site.
4. Granting the Zone Variance would not result in a development which is
inconsistent with the goals, policies, and objectives of the General Plan. This
project corresponds to the General Plan Land Use Goal 2: Control and direct future
growth within the city to preserve the rural village-like character of the community.
The General Plan designates the property as VHD residential, and the proposed
project would be compatible with the surrounding area patterns of development
and would retain the surrounding character, style, and massing. Therefore, the
extent of the variance would not be detrimental to the public health, safety or
welfare or be injurious to other properties in the area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby approve of Floodplain Land Use Permit
(FP) 21-003 based upon the following findings pursuant Municipal Code Section 9-2.321
of Title 9, Land Use Code of the City of San Juan Capistrano with respect to FP 21-003
for development improvements within a flood zone, subject to the conditions of approval
identified in Exhibit A attached to this Resolution and incorporated herein by reference:
1. The application complies with all the location and land use standards for uses or
structures as set forth in Section 9-3.405 of the Land Use Code because the site
will be graded to elevate the proposed buildings above the 100-year floodplain
elevation, and the applicant has submitted a Conditional Letter of Map Revision
(CLOMR) and Letter of Map Revision (LOMR) through the Federal Emergency
Management Agency to adjust the FIRM Maps to reflect current and proposed
grades.
Resolution 22-02-15-XX 12 February 15, 2022
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 because the Project proposes
to fill portions of the site with approximately 1,761 cubic yards of cut and import
soil to raise levels one foot above the Base Flood Elevation. Although the Project
site is within a 100-year floodplain, the proposed Project includes a Water Quality
Management Plan specifying that proposed buildings would be elevated above
flood depths anticipated for site development as well as ensure that the
development will not 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. Furthermore the applicant has initiated a
CLOMR and LOMR review through the Federal Emergency Management Agency
to adjust the FIRM Maps to reflect current and proposed grades.
3. Development and use of the property as proposed is consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the proposed Project will complement the existing aesthetics of the area
and existing grade elevations of the adjacent properties, while remaining
consistent with the following General Plan Goals and Policies:
Conservation and Open Space Element, Policy 5.2: Ensure that new development
integrates and preserves areas designated for scenic, historic, conservation, or
public safety reasons. The project has been designed to elevate proposed
buildings above the 100-year floodplain elevation and integrate an existing City
trail along San Juan Creek.
Floodplain Management Element, Goal 1: Protect life and property from
floodwaters. The development of the site will assist in managing floodwaters by
raising the site above the 100-year plain elevation and providing best practice
methods to collect and appropriately discharge runoff into the creek.
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. The project is designed in
compliance with Title 9, Land Use Code for new development projects. The
proposed project is consistent with all other applicable requirements of the
Municipal Code, California Fish and Wildlife Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete. Prior to issuance of a
grading or building permit, the applicant is conditioned to demonstrate that the
proposed project complies with the applicable Federal Emergency Management
Agency requirements.
Resolution 22-02-15-XX 13 February 15, 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves of the CEQA exemption and
Architectural Control (AC) 21-023, Tree Removal Permit (TRP) 21-036, Grading Plan
Modification (GPM) 21-024, Sign Program (SP) 22-002, Zone Variance (ZV) 21-011, and
Floodplain Land Use Permit (FP) 21-003, subject to those conditions of approval that are
applicable to these entitlements as established by Exhibit A, which is attached hereto and
incorporated herein by reference.
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
records for 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 15th day of February, 2022.
_____________________________________
Derek Reeve, Mayor
ATTEST:
________________________________________
MARIA MORRIS, CITY CLERK
EXHIBIT “A”
RESOLUTION 22-02-15-XX
RECOMMENDED CONDITIONS OF APPROVAL
PROJECT LOG #: AC 21-023, TRP 21-036, GPM 21-024, SP 22-002, ZV 21-011, and
FP 21-003
PROJECT NAME: Paseo Adelanto Mixed Use Project
APPROVAL DATE: February 15, 2022
These conditions of approval apply to a request to demolish the existing City Hall office
buildings and constructing a new 16,338 sq. ft. City Hall and adjoining 50-unit apartment
building of affordable housing, and related site improvements including tree removal, site
grading, and project related signage, on two adjoining parcels totaling approximately 2.2
acres at 32400 Paseo Adelanto (Assessor Parcel Number 668-101-23). Any proposed
changes to this approval shall be submitted to the City’s Development Services
Department, along with the required application and deposit or fee, for review. For the
purpose of these conditions, the term “Applicant” shall also mean the owner or any
successor(s) in interest to the terms of this approval
General Conditions:
___ 1. This approval is granted to allow for the demolition of City Hall consisting of
four buildings totaling approximately 15,000 sq. ft. and construction of a new
16,338 sq. ft. City Hall and adjoining 50-unit apartment building of affordable
housing, and related site improvements including tree removal, site grading,
and project related signage, on two adjoining parcels totaling approximately 2.2
acres at 32400 Paseo Adelanto (Assessor Parcel Number 668-101-23)/
Approval is granted based on the development plans submitted by Jamboree
Housing Corporation on January 19, 2022. These plans, materials 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 plans, and which do not intensify or change the use or require any
deviations from adopted standards, may be approved by the Development
Services Director upon submittal of an application and the required deposit or
fee. If not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of City Council approval and
shall expire twenty-four (24) months after the effective approval date unless the
use or occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been granted
by the City. Any application for an extension of time shall be submitted to the
Resolution 22-02-15-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 2 of 18
Development Services Department, along with the required deposit or fee, at
least ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
___ 2. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
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 8-2.04 of the Building Code, the applicant 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 7:00 a.m. to 6:00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
___ 5. If paving activity during construction is required within 25 feet of nearby
structures, use of a static roller in lieu of a vibratory roller shall be employed.
The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments.
___ 6. The applicant shall schedule a final inspection with the Development Services
Department Public Works Department, and Utilities Department to inspect the
final construction of improvements related to their department’s discipline to
ensure consistency with the approved plans and conditions of approval.
___ 7. 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
Resolution 22-02-15-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 3 of 18
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.
___ 8. 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.
___ 9. 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.
___ 10. The conditions of approval contained herein shall be made part of the
construction drawings for the proposed development. Construction drawings
shall not be accepted for Plan Check without the conditions of approval
incorporated into the construction drawings.
___ 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. Disposition and Development Agreement. The project is contingent upon City
Council’s review and approval of a Disposition and Development Agreement.
___ 13. Fees. Except as otherwise set out in accordance with a schedule in the
Disposition and Development Agreement to be executed in conjunction with City
approval , 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMIT(S):
___ 14. Archaeological Monitoring. 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 any
potential cultural resources located on and/or in the vicinity of the project site,
as well as monitoring requirements. A qualified monitor (defined as an individual
with a bachelor's degree in anthropology with archaeological monitoring
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Paseo Adelanto Mixed Use Project Page 4 of 18
experience), supervised by the qualified archaeologist, shall observe on and off-
site construction activities that result in grading, and/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 Section 7050.5 of the Health and Safety Code
and Section 5097.98 of the Public Resources Code have been implemented.
(DSD)
___ 15. Native American Monitoring. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway improvements).
The Native American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that may be
considered sacred or important. In the event that evidence of human remains is
discovered, the Native American monitor shall verify that the archaeologist has
notified the Coroner. (DSD)
___ 16. Utilize Santa Margarita Water District (SMWD) General, Domestic Water (DW),
Recycled Water (RW), and Sewer Notes on all DW, sewer and RW construction
plans, as applicable. (SMWD)
___ 17. Submit printed copies of all DW and sewer facility documents to the SMWD
Engineering Counter at 26111 Antonio Parkway, Rancho Santa Margarita, CA
92688. Electronic files (pdf) for same shall also be submitted via email to
engcounter@smwd.com for SMWD review. (SMWD)
___ 18. Provide to SMWD for review all improvement plans including but not limited to:
plumbing, irrigation and fire sprinkler system. The developer shall also submit
an application for a Waste Discharge Permit and obtain a release of occupancy
letter from SMWD and the CSJC before allowing use of the building. (SMWD)
___ 19. Submit to SMWD for review and acceptance all developer design engineer’s
cost estimates for all off-site DW and sewer improvements. (SMWD)
___ 20. Prepare and submit a domestic water (DW), fire sprinkler and irrigation demand
analysis as part of a concept site Master Plan (MP) document. The MP
document shall include an executive summary supported by written discussions
of design issues, analyses, computation tables, diagrams, and maps. As part of
the MP process complete the items listed below: (SMWD)
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Paseo Adelanto Mixed Use Project Page 5 of 18
a. Contact SMWD to determine fees and related information to conduct a fire
flow test on two existing hydrants at or near the project site. Prepare a
hydraulic model of all Paseo Adelanto project DW demands and capacity
impacts to existing and proposed new facilities within 1000-feet of all site
boundaries.
b. Include in the hydraulic modeling effort a simulated Orange County Fire
Authority (OCFA) fire flow demand with alternative DW supply transmission
main out-of-service scenarios. Prepare a Fire Master Plan (FMP) for review
and acceptance by the OCFA. Submit a copy of the OCFA approved FMP
to SMWD.
c. Perform peak flow sewer discharge studies that includes a depth over
pipeline diameter analysis of sewer facilities extending to the South Orange
County Wastewater Authority (SOCWA) treatment plant site. Show on the
MP all existing on-site and off-site DW and sewer systems and clearly
annotate the proposed public and the private systems. Indicate
abandonment of any septic systems if located on the site.
d. The MP document shall provide tables showing the square foot areas of:
the project parcel, the irrigated area, the hardscape area, driveways,
parking lots, all existing and proposed buildings, patio, any non-building but
covered areas, and structures.
___ 21. Developer shall design and construct a replacement 12-inch diameter PVC DW
pipeline under a proposed new walkway and landscaping area in an east-west
direction adjacent to the northerly property line (PL) of the site. The 12-inch
diameter PVC pipeline shall be aligned within a 20-feet wide easement granted
to SMWD. Abandon in place an existing 10-inch ACP DW pipeline generally
aligned along the northerly PL. Provide a DW service lateral connection isolation
valve before and meter banks where appropriate for SMWD maintenance
purposes. Be advised that every private dwelling unit in the project shall have
an individual DW meter. (SMWD)
a. A maintenance agreement shall be entered into between SMWD and the
Applicant and SMWD and the City for any maintenance necessary to
concrete, pavers, landscaping or irrigation in the event SMWD needs to
access the 12-inch water line to be the responsibility and expense of either
the applicant or City, depending on the location of the proposed
maintenance.
b. Due to abandonment of the existing 10-inch DW pipeline along the northerly
PL, existing DW meters serving the project site shall not be reused and shall
be removed, connections capped and abandoned.
___ 22. SMWD shall be granted easements by the applicant and the City for all new
public DW pipelines, sewers, meters, fire hydrants and backflow prevention
device locations if outside of the public right-of-way on the project site.
Easements granted by the applicant (20-feet wide minimum for one public
pipeline and 30-feet wide minimum for two public pipelines, etc.) shall use
Resolution 22-02-15-XX Conditions of Approval
Paseo Adelanto Mixed Use Project Page 6 of 18
standard SMWD terms for ingress and egress, DW and sewer improvements,
meter groups and public fire hydrant locations. Multiple metes and bounds legal
descriptions and map exhibits for new easements or a new tract or parcel map
shall be prepared by the Developer or their consultants for use with SMWD
easements. A sewer monitoring manhole shall also be designed on a primary
sewer lateral and located just upstream of an anticipated new connection to an
existing 18-inch diameter sewer trunk line that parallels the east site PL. Provide
a grease interceptor on any sewer laterals if the project site has food services
that generate grease per SOCWA and SMWD criteria. SMWD shall also be
granted easements over City property and project site parking lot or driveway
areas for access to on-site and off-site facilities. All new and existing sewer lines
shall be camera inspected by a reputable and experience firm with all recordings
submitted to SMWD for review. (SMWD)
___ 23. New SMWD pipelines, valves, sewers or sewer manholes shall not be aligned
under any concrete structures (paver areas, concrete slabs, medians, curbs or
gutters) or vehicle parking spaces. Steel or PVC casings shall be designed and
installed on any SMWD pipelines designed within walkways, landscape areas,
medians or crossing under curb and gutters. Trash bin enclosure structures with
drainage piping connections to the private or public sewer system shall be
covered with a solid roof structure extending at minimum to the enclosure limits.
(SMWD)
___ 24. Any existing underground backflow shall be reconstructed as an above ground
backflow with new SMWD approved, code compliant backflow devices.
(SMWD)
___ 25. All DW systems are private after all SMWD meters. The Developer shall design
and install private Double Check Assembly (DDCA) and Back Flow Preventor
Devices (BFD located immediately adjacent to and downstream of the SMWD
approved meter locations. (SMWD)
___ 26. All irrigation piping on the project site shall comply with SMWD’s standards for
future RW service and supplied by one meter that is designed in a SMWD
approved location. The selected location is to facilitate future conversion to RW
use when service is available to the project site. (SMWD)
___ 27. Wastewater Study. The applicant shall submit to the SMWD for review and shall
obtain approval of, a Wastewater Feasibility Study, which evaluates the
proposed development project and mitigates its anticipated impact on the
existing Wastewater facilities system. Said study shall be consistent with the
SMWD's Design Criteria And Standard Drawings for Water and Sewer Facilities,
as last revised. (SMWD)
___ 28. Sewer Improvement Plans. Prior to approval of the final map, the applicant shall
submit Sewer Improvement Plans prepared by a California State Registered
Civil Engineer to SMWD for review and approval. These plans shall be specific
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Paseo Adelanto Mixed Use Project Page 7 of 18
to the project and shall reflect consistency with the SMWD's Design Criteria And
Standard Drawings for Water and Sewer Facilities, as last revised. (SMWD)
The Sewer Improvement Plans shall include at minimum, a 20-foot wide
easement, where it is applicable. The applicant shall design the development
gravity sewer system to connect to an existing sewer lines. The Sewer
Improvement Plans shall indicate that all proposed sewer manholes shall be
lined with polyurethane, or equal approved material, at the applicant's cost to
the satisfaction of SMWD. (SMWD)
___ 29. Water Improvement Plans. Prior to approval of the final map, the applicant shall
submit Water Improvement Plans, including a Water Improvement Phasing
Plan, prepared by a California State Registered Civil Engineer to SMWD for
review and approval. (SMWD)
___ 30. Recycled Water Line: The development will construct its recycled water meter
to serve all irrigation areas for future connection to planned recycled water
facilities. (SMWD)
___ 31. Construction Cost Estimates. The applicant shall submit an estimate of
quantities and construction costs of all proposed improvements associated with
this development prepared by a California State Registered Civil Engineer
pursuant to the City requirements to the City Engineer 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, street lights,
storm drains, water, sewer, landscape, irrigation systems, and the setting of
survey monuments and centerline ties. Labor cost of all cost estimates of
facilities that will be dedicated to the City for operation and maintenance shall
comply with the California Labor Code Section 1720-1743 with respect to the
prevailing wages. Any exception to or deviation from this condition shall be
subject to review and approval by the City Engineer. (PW)
___ 32. OCFA Flow Demands. The applicant shall obtain from the 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.
(OCFA & SMWD)
___ 33. Water Availability. Provide a completed Water Availability Form, signed by a
representative of the local water purveyor, showing the results of a recent fire
hydrant flow test (within 6 months). (OCFA)
___ 34. Dedication of Water Facilities and Water Rights. Prior to approval of the final
map, the applicant shall dedicate, at no cost to the City, all public water facilities,
water rights and 20 feet wide easement to SMWD for project improvements.
(SMWD)
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Paseo Adelanto Mixed Use Project Page 8 of 18
___ 35. Public Facility Easements and Permits Obtained by Developer on Behalf of the
City of San Juan Capistrano. The applicant shall demonstrate to the satisfaction
of the public utilities purveyor that public facilities, such as drainage, sewer, and
water, can be designed and constructed to serve the needs of the property.
Public Facilities, to the extent practicable, shall be located within the right-of-
way, or common roadways. Public Facilities on private property will be by
Easement. In addition, easements shall be 20-foot wide, with a 12-foot wide all
weather road (decomposed granite or better), without unpassable grade
changes, and be connected to a road on public Right of Way; or linked to
another similarly constructed easement. Any exception shall be subject to
review and approval by the City Engineer and SMWD. (PW & SMWD)
___ 36. Precise Grading Plan. The applicant 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.(PW)
___ 37. Dedications and Maintenance Responsibility. The applicant shall indicate on the
final plans, to the satisfaction of the City Engineer, all appropriate dedication
and access rights, stating their purposes and their maintenance responsibilities.
(PW)
___ 38. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. The applicant shall
submit 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 review and approval. (PW)
___ 39. 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. Prior to the commencement of hauling earth to or from
the site, applicant shall, if applicable, submit the Haul Route for review and
approval by the City Engineer. (PW)
___ 40. Grading Plans. The applicant 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. Such plan shall be in substantial
conformance with the grading concept shown in the approvals.
These plans shall conform to the City and Orange County grading plan
standards and depict, at minimum, all existing features, the limits of grading, the
drainage, retention/detention basins, sewer facilities, water facilities, existing
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Paseo Adelanto Mixed Use Project Page 9 of 18
easements and right-of-way boundaries, trails, parkways, streets and all
appurtenant improvements. 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)
___ 41. Surety Agreement and Security. The Applicant shall submit a grading surety
agreement and security. Additionally, signed Mylars of plan sets for City
Engineer’s signature shall also be submitted and five (5) hard copies of the
plans will be required after the Mylars are signed. (PW)
___ 42. Grading Access and Haul Route Plan. 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.
c. Prior to commencement of haul activities, the applicant shall obtain a Haul
Route Permit and pay required fees.
___ 43. Easements. All existing and proposed easements 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. (PW)
___ 44. Erosion & Sediment Control Plans, The applicant 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
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Paseo Adelanto Mixed Use Project Page 10 of 18
Resources Control Board and the project downloaded into the SMARTS
program.
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 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)
___ 45. General Construction Permit. The applicant shall submit a Notice of Intent (NOI)
to the California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with development/
construction activity in excess of one acre of land. Evidence that this
requirement has been met shall be submitted to the City Engineer. (PW)
___ 46. Water Quality Management Program.
a. The applicant 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)
b. The applicant shall submit a final WQMP as prepared by a California State
Registered Civil Engineer to the City Engineer for review approval. (PW)
___ 47. Drainage Improvement Plans. The applicant 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
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the existing discharge and the proposed discharge generated by this project,
the applicant shall then, at applicant’s cost, design and implement alternative
methods of improvement for 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. (PW)
___ 48. 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 CalRecycle 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.
Trash and waste and asbestos management plans shall be approved by the
Public Work’s 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. (PW)
___ 49. Connection to Public Drains must be Documented and Filed. The applicant 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)
___ 50. Recycling/Reduce Debris Act of 1989 (CIWMA). 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)
___ 51. Soils/Geology. The applicant shall submit to the City Engineer 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
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Paseo Adelanto Mixed Use Project Page 12 of 18
and to provide preliminary pavement sections and substructure bedding/backfill
recommendations. (DSD & PW)
___ 52. Mitigation of Drainage and Grading Problems. 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, 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 Engineer and shall be
subject to a supplemental Geotechnical Soils Report and additional fees.
___ 53. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic Calculations.
The applicant 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)
___ 54. Construction Phasing and Mitigation Program. The applicant 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 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.
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Paseo Adelanto Mixed Use Project Page 13 of 18
6. A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
7. Minimum height six-foot high temporary construction fencing along the
project site’s northern property line with tarps to minimize dust impacts to
the adjacent northern property.
b. Enforcement:
1. The Development Services Director and City Engineer may modify the
Construction Phasing and Mitigation Program as they deem necessary if
on-site observations indicate that construction activities are creating a
nuisance to adjacent property.
2. The applicant shall hire a project enforcement person approved by the
City Engineer to ensure compliance with the Construction Phasing and
Mitigation Program.
3. Violation of the City-approved “Construction Phasing and Mitigation
Program” shall be subject to enforcement action pursuant to Section 9-
1.201, Violations and Penalties of the Title 9, Land Use Code.
___ 55. Design of Water Facilities. The applicant shall design all domestic and non-
domestic water facilities in compliance with SMWD 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 SMWD for
review and approval. (SMWD)
___ 56. Property Transfer: Developer shall prepare meets and bounds description for
1.2 acre site for residential development, and execute all documents to obtain
ownership of the eastern portion of APN 668-101-23 as depicted in the
approved plans. Development and Disposition Agreement and the acquired
property documents shall be incorporated into the project’s grading plan. (PW)
___ 57. Prior to submittal into Building Permit Plan Check, the Applicant shall submit
electronic and hard copies of all documents listed on the “Plan Check Submittal
Requirements” form located at the Building and Planning Counter. This includes
and is not limited to: a Geotechnical report with wet ink signatures (report or
addendum letter cannot be over one (1) year old), Hydrology and Hydraulic
analyses/report, retaining wall calculations, a Storm Water Pollution Prevention
Plan (SWPPP) to mitigate erosion and sediment from leaving the site during
construction activities, Erosion and Sediment Control Plans (ESCP) including
backup calculations and data, and an engineer’s cost estimate for grading
activities (including retaining walls), erosion/sediment control BMPs, and any
off-site improvements.
___ 58. Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate hydraulic analysis for any natural drainage courses and/or stream
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embankments where applicable. Applicant shall match peak runoff rates for the
25-year and 100-year storm events.
___ 59. Prior to submittal into Building Permit Plan Check, the Applicant shall submit a
Final Water Quality Management Plan, if required.
___ 60. Prior to submittal into Building Permit Plan Check, the Applicant shall utilize City
Standard sheet layout and Standard notes, as applicable.
___ 61. Prior to submittal into Building Permit Plan Check, the Applicant shall
incorporate profiles to show adequate vehicle clearance at driveway locations
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
___ 62. Federal Emergency Management Agency (FEMA) Compliance. Prior to the
issuance of any Building Permits applicant shall receive approval from FEMA
for a Conditional Letter of Map Revision based on a Conditional Letter of Map
Revision (CLOMR) 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)
___ 63. Development Plans. The applicant shall submit development plans to the
Development Services Director for City review and approval. Plans to be
reviewed shall be as applicable to the particular development ph ase under
review and, in general, shall include grading plans (unless previously approved
by the City), final site and landscape plans, park plans (if applicable to the
development phase), architectural elevations, wall/fence plans, sample material
boards, and other plans as specified by the Development Services Director.
Final plans shall be in substantial compliance with preliminary plans approved
as part of the development review process. (DSD)
___ 64. Utility Screening. Ground mounted utility boxes shall be located within
underground vaults or screened from visibility with landscaping.
___ 65. North Boundary Wall/Fence and Landscaping. A wall or solid fence will be
provided along the north property line from the western edge of the new City
Hall building to the eastern property line that is shared with the railroad. A solid
fence may be achieved by a combination of an open fence such as tubular steel
or wrought iron with landscape adjacent to the fence or integrated with the
fence. The height of the wall or fence is to be determined by the Development
Services Director in accordance with Land Use Code Section 9-3.517 (Fences,
walls, and hedges). The wall or solid fence shall be constructed and completed
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Paseo Adelanto Mixed Use Project Page 15 of 18
prior to initiating construction of the residential and City Hall buildings. In
addition to a wall or solid fence, landscaping shall be provided to the extent
allowed by any existing or proposed utility easements to screen the proposed
three-story residential building as much as possible from the adjacent northern
property to the satisfaction of the Development Services Director.
___ 66. City Hall Roof Height: Roof and parapet height will be increased to
accommodate roof mounted mechanical equipment, if necessary, once
equipment is selected and solar panel layout is finalized.
___ 67. City Hall Pedestrian Walkway. A more pronounced and landscaped pedestrian
walkway will be added between the west parking lot and the City Hall courtyard
if possible.
___ 68. Lighting Plan. A lighting plan shall be submitted for review and approval by staff
to ensure compliance with the exterior lighting standards of Municipal Code
Section 9-3.529.
___ 69. OCFA Review. Prior to the issuance of a building permit, the Applicant shall
obtain OCFA approval of a fire master plan (service code PR145), architectural
A-2 Occupancy plan (service codes PR204), and underground piping for fire
sprinkler systems (service code PR470). (OCFA)
___ 70. Aerial Laddering. Provide an elevation view exhibit to demonstrate the aerial
laddering angle from a fire truck staging area to the northwest roof area of the
residential structure. The staging area may be located on the north, south, or
west side. Based on the fire lanes shown on Sheet A1.1, there does not appear
to be location along a fire lane that would allow a ladder to be extended from a
fire truck to that portion of the roof. The fire lane may need to be extended to a
location closer to that area of the building. CFC 503.2.2. (OCFA)
___ 71. Construction Type. (OCFA)
a. Provide the construction type of all buildings.
b. Plans indicate that Type V construction will be uses. Clarify if the proposed
construction type is Type V-A or Type V-B.
___ 72. SMWD general requirements for developer:
a. Prepare and submit all improvements development project construction
plans involving DW and sewer facilities on 22” x 34” paper size. Also
provide in pdf format for SMWD review.
b. Submit previous red line and other SMWD review comments with revised
plan submissions, otherwise resubmittal items will not be accepted for
review and/or returned.
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c. For questions related to DW, sewer and RW improvement requirements for
this project contact: Mr. Jaime Aguilar at jaimea@smwd.com (949-459-
6582) or Ms. Catherine Aamodt at catherinea@smwd.com (949-459-6505).
___ 73. Roof Mounted Equipment. The project plans shall demonstrate that all roof-
mounted mechanical equipment and/or duct work which projects above the roof
or roof parapet of the building shall be screened. (DSD)
___ 74. Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in
accordance with a schedule in the Disposition and Development Agreement to
be executed in conjunction with City approval, the applicant 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)
___ 75. Completion of Water Facilities. Prior to issuance of building permits for each
building phase, the applicant 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 Code and the SMWD water
standards, and American Water Works Association Standards. Any exception
to, or deviation from this condition shall be subject to review and approval by
SMWD. (SMWD)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY:
___ 76. Affordable Housing Requirement. The applicant shall meet the General Plan
Housing Element’s affordable housing requirement by prior to the issuance of
the building permit, providing for the development 49-units, and no less than
10% of the total number of units as affordable housing units subject to a City-
approved and recorded Affordability Agreement, restricting the rental of such
units to qualifying “low income” and/or “very-low income” households for a
period of not less than thirty years. The applicant shall be responsible for
securing the required planning application approvals for the development of
such affordable housing, and shall secure the required building permits prior to
the issuance of the 1st building permit for any market rate housing units, and
shall complete construction and secure all "Certificates of Occupancy" for the
affordable housing units prior to the issuance of any "Certificates of Occupancy"
for the market rate units. (DSD)
___ 77. Affordability Covenant. An affordability covenant in a form approved by the City
Attorney shall be recorded against the property reflecting the provisions and
terms of affordability as drafted in the affordability agreement for the project
before the issuance of any Certificate of Occupancy.
___ 78. Monumentation. The applicant's surveyor shall set monuments related to the
subject property(ies) and re-establish any damaged or destroyed
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Paseo Adelanto Mixed Use Project Page 17 of 18
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)
___ 79. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy 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 shall complete, to the satisfaction of the
City Engineer, all improvements 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)
___ 80. Installation of Landscaping and Irrigation System. The applicant shall submit a
letter to the Development Services Director, signed by a Registered Landscape
Architect, stating that all materials for all landscaped areas have been installed in
accordance with the approved plans, and shall demonstrate to the satisfaction of
the Development Services Director that all landscaped areas have been
landscaped per the a pproved landscape and irrigation plans. The applicant
shall provide as-built landscape and irrigation plans that identify all deltas
(changes) to the Development Services Department. (DSD)
___ 81. Prior to concealing interior construction, the Applicant shall obtain OCFA
approval of a sprinkler monitoring system (service code PR500), a fire sprinkler
system (service code PR 420-425), a hood and duct extinguishing system
(service code PR335), and a C02 leak detection (service code 350) if greater
than 100 pounds of liquid C02 is used for beverage dispensing. (OCFA)
___ 82. OCFA Inspection. Prior to issuance of temporary or final certificate of
occupancy, all OCFA inspections shall be completed to the satisfaction of the
OCFA inspector and be in substantial compliance with codes and standards
applicable to the project and commensurate with the type of occupancy
(temporary or final) requested. Inspections shall be scheduled at least five days
in advance by calling OCFA Inspection Scheduling at 714-573-6150. (OCFA)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE
OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES:
___ 83. Provide “Record Drawing”/”As-Built” Mylars.
a. The applicant shall submit Record Drawings of all on-site and off-site
improvements to the City Engineer for review and obtain approval for the
reproducible “Record Drawing”/‘As-Built” mylar plans that call out any
deviations from the approved signed plans of all the improvement works
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Paseo Adelanto Mixed Use Project Page 18 of 18
constructed and completed. Said “Record Drawings”/’As-Built” mylar plans
shall be prepared by a California State Registered Civil Engineer. Also, the
applicant shall submit digital copies of all Record Drawings, at no cost to
the City, in accordance with the latest edition of the "City of San Juan
Capistrano Digital Submission Standards". (PW)
b. Submit developer engineering consultant signed mylars of public DW and
sewer plans to SMWD for Chief Engineer approval. SMWD approved public
DW and sewer drawing mylars will be returned to the engineering consultant
for preparation of printed construction plan and specification copies.
Provide CAD files of plans to SMWD. (SMWD)
___ 84. Private fire hydrants within the development shall be painted in RED color.
(OCFA)
Responsible Departments/Agencies: DSD: Development Services Department
PW: Public Works Department
SMWD: Santa Margarita Water District
OCFA: Orange County Fire Authority