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22-0215_JHC AQUISITIONS, LLC_D1_Attachment_6City of San Juan Capistrano Agenda Report TO: Planning Commission FROM: Development Services Department Submitted by: Sergio Klotz, AICP, Assistant Director Prepared by: Laura Stokes, Housing Supervisor / Associate Planner LS DATE: January 26, 2022 SUBJECT: Consideration 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; 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) (Applicant: Jamboree Housing Corp. & City of San Juan Capistrano) (Project Manager: Laura Stokes, Housing Supervisor / Associate Planner). RECOMMENDATION: Adopt resolution (Attachment 1) recommending that the City Council approve AC 21-023, TRP 21-036, GPM 21-024, SP 22-002, ZV 21-011, and FP 21-003, as conditioned and find the action exempt from the California Environmental Quality Act. APPLICANT & PROPERTY OWNER: Applicant: Property Owner: Jamboree Housing Corporation City of San Juan Capistrano Casey Harris, Senior Project Manager 32400 Paseo Adelanto 17701 Cowan Ave. Suite 200 Irvine, CA 92614 San Juan Capistrano, CA 92675 EXECUTIVE SUMMARY: The Applicant, Jamboree Housing Corp. (Jamboree), is a full-service real estate development company with more than 30 years of experience, specializing in the construction, acquisition, and management of affordable housing for lower income households. Jamboree has developed, managed, and maintained ownership of over ATTACHMENT 6 PC Agenda Report January 26, 2022 Page 2 of 26 9,000 residential units for lower income families and seniors throughout California. The Applicant has submitted development plans (Enclosure 1) seeking approval to demolish the existing City Hall buildings and construct a new two-story City Hall and an adjoining three-story 50-unit apartment building of affordable housing which will be owned and maintained by the Applicant. The proposed project also includes on-site improvements to the existing landscaping and parking lot area on the adjoining lots totaling 2.2-acres. Staff has worked with the Applicant to develop the plans for the new City Hall building that is proposed to include energy efficient design elements. The inclusion of such elements will allow the City to pursue state funding sources. The proposed project requires City approval of the following entitlements: Architectural Control 21-023 for the site plan, the buildings’ architectural design, and site landscape under Municipal Code Section 9-2.313(a)(1); Tree Removal Permit 21-036 for the removal of 16 non-heritage trees and the replanting of 49 trees, under Municipal Code Section 9- 2.349(c); Grading Plan Modification 21-024 for the onsite grading required to accommodate the project under Municipal Code Section 9-2.323(f); Sign Program 22-002 for the proposed signage under Municipal Code Sections 9-2.343 and 9-3.543(d); Zone Variance 21-011 for a proposed encroachment into the 20’ rear yard setback for the City Hall building, creating a 0’ setback with the proposed residential property, under Municipal Code Section 9-2.351; and a Floodplain Land Use Permit 21-003 for proposed development within a designated flood hazard area under Municipal Code Section 9- 2.321. Staff has analyzed the Applicant's request and believes that all the findings of fact for the various entitlements necessary for approval can be made, as conditioned. As a result, staff is recommending that the Planning Commission recommend that the City Council conditionally approve all the requested entitlements for the proposed project.1 BACKGROUND: General Location: Southern terminus of Paseo Adelanto at 32400 Paseo Adelanto. Assessor’s Parcel Number: 668-101-23 Environmental Determination: Statutorily exempt from further review pursuant to Government Code section 65583.2 – Affordable Housing Project. Related Cases: N/A 1 As a procedural matter, the Planning Commission would typically take final action on the Architectural Control, Conditional Use Permit, Grading Plan Modification, Sign Program, and Tree Removal Permit 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 is presenting all the requested entitlements together as a single package for Planning Commission review and recommendation to the City Council, in accordance with Municipal Code Section 9-2.301(j)(1). PC Agenda Report January 26, 2022 Page 3 of 26 General Plan Land Use & Zoning Designation: Use of Property: Very High Density Residential City Hall Surrounding General Plan Land Uses Designations, Zoning Districts, and Use of Properties: Direction General Plan Land Use Zoning Use North Quasi-Industrial Commercial Manufacturing Commercial Office/Industrial South Quasi-Industrial Commercial Manufacturing Ground Water Recovery Plant & Public Work’s Yard East General Commercial General Commercial Orange County Transportation Authority Railroad & Commercial Center (Vons) West General Open Space General Open Space Vacant (Trabuco Creek) DISCUSSION/ANALYSIS: The subject site, of approximately 2.2 acres, is developed with City Hall offices made up of four buildings totaling approximately 15,000 sq. ft., a surface parking lot, and related landscaping. The site is located at the southern terminus of Paseo Adelanto, between Trabuco Creek and the railroad right-of-way. The proposal includes demolishing the existing City Hall office buildings and constructing a new two-story 16,338 sq. ft. City Hall and adjoining three-story 50-unit apartment building of affordable housing. The development site is zoned Very High Density (VHD) residential, and was identified in the City’s 2014 -2021 Housing Element as a site which would accommodate affordable housing. The VHD zone permits a variety of uses including multifamily housing and public buildings and facilities, such as a City Hall. The Applicant’s conceptual site plan includes two adjacent buildings generally in the current City Hall location, with parking which wraps around the buildings similar to the current site configuration. The site is proposed to be divided into a 1.2-acre site which will be developed with the residential building and a 1.02-acre site which will be developed with the new City Hall. The 1.2-acre site is proposed to be sold to Jamboree Housing. The City is in the process of negotiating a Disposition and Development Agreement between the City and Jamboree Housing which will be considered by the City Council. As discussed in more detail below, the property lines of the site can be adjusted administratively by the City, who owns the entirety of the site, to create two separate lots dividing the City Hall and residential buildings. PC Agenda Report January 26, 2022 Page 4 of 26 The proposed site plan also details a courtyard dedicated for City Hall activities and a separate courtyard dedicated for residential activities, which includes a 560 sq. ft. detached lattice patio cover. The proposed reconfigured parking lot area provides 88 parking stalls, 56 of which will be dedicated for City Hall Use, 28 which will be dedicated for residential use, and four which will be shared. The proposed buildings have been designed with Spanish Colonial architecture which is consistent with the traditional architecture of San Juan Capistrano. The site improvements are intended to provide a desirable environment for residents, visitors to the San Juan Capistrano City Hall, and be compatible with the surrounding properties. Affordable Housing Requirements & Concessions The project site is identified as an affordable housing opportunity site in the City’s current Housing Element that could accommodate up to 60 residential units for lower income households. The project proposes to provide 50 2 affordable units as Permanent Supportive Housing Units (PSH), which would be made available to very-low income households (earning below 50% of the county’s median income, or less than $67,250). The PSH units would be occupied by individuals identified by the County of Orange and Jamboree as previously being homeless or at risk of becoming homeless, and who have a high likelihood of success in long term housing. The PSH tenants would also receive 24/7 support services through Jamboree management and County social services staff with offices onsite. Additionally, Jamboree has committed nine units to be made available to veterans and the tenant selection for the development will include a “local preference” so that San Juan Capistrano residents or those who work in San Juan Capistrano have a higher priority for vacancies. The Disposition and Development Agreement and conditions of approval will require that an Affordability Covenant be recorded against the property to restrict 49 of the 50-units to very low-income households (one unit is designated for an onsite manager). The requirement for 49 affordable units meets the Land Use Code’s 10% inclusionary housing requirement. The City’s Land Use Code and state law allow an applicant to request a density bonus and specific concessions or waivers from required development standards when providing affordable housing units under Section 9-3.505. A density bonus means a density increase over the otherwise maximum allowable residential density. A concession or incentive means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions, and also means approval of mixed use zoning in conjunction with the housing project if the other land uses will reduce the cost of the housing development and if the other uses are compatible with the housing project and the existing or planned development in the area 2 The City has identified other locations within the City in its proposed 2021-2029 Housing Element to accommodate the affordable units not being provided at the project site. PC Agenda Report January 26, 2022 Page 5 of 26 where the proposed housing project will be located. The City cannot apply a development standard that would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted. The City is would waive such requirements. The density bonus allows up to 50% bonus for a residential development which includes up to 15% of the housing units for very-low income households, 24% for low income households, or 44% for moderate income households. The number of concessions allowed depends on the percentage and level of affordable housing provided. A City must grant a requested concession unless the concession does not result in a cost reduction, would have an adverse impact on public health and safety, or is contrary to state or federal law. If these findings do not apply, a development shall receive the following number of concessions based on the low-income unit percentages noted below: Percentage of Very- Low Income Units Percentage of Low Income Units Percentage of Moderate Income Units Total Number of Eligible Concessions 5% 10% 10% 1 10% 20% 20% 2 15% 30% 30% 3 In addition to concessions, state law also provides a reduced parking requirement for residential projects which include affordable housing. State law requires no more than .5 spaces per unit for properties which provide at least 11% of housing units for very-low income or 15% of housing units to low-income households if the property is within .5 miles of an accessible major transit stop, such as the train station. Furthermore, a requested waiver to a development standard must be granted if the development standard which is the subject of a waiver request would have the effect of physically precluding the construction of the development of affordable units at the densities allowed. The proposed project will dedicate 98% of the units to households earning a Very-Low income which qualifies the project for a density bonus of up to 50% or 45 dwelling units per acre and three concessions. The project site is .49 miles from the train depot property and platform, and includes at least 11% of the housing for very-low income households qualifying the residential project for a reduced parking requirement. Additionally, the applicant has demonstrated through a site analysis that adherence to all the Very High- Density (VHD) residential district development standards would result in a loss of 18 units, which qualifies the project for code waivers. The density bonus, concession, waiver, and parking allowance permitted through density bonus law requested for the proposed project are identified in the below table. PC Agenda Report January 26, 2022 Page 6 of 26 VHD Standards Units Lost Proposed Project Standards Request Type 30 du/ac N/A 41.6 du/ac Density Bonus Maximum 80% 2nd/1st Floor Ratio N/A Maximum 90% 2nd / 1st Floor Ratio Concession 20’ Side Yard Setback N/A 0’-0” Setback Between New City Hall Property Concession 2.5 Parking Stalls/Unit N/A 0.5 Parking Stalls / Unit Density Bonus Parking 35’ Height 18 42’ Waiver Maximum of 2 Stories 18 3 stories with 3rd/2nd Floor Ratio of 98.3% Waiver In accordance with the City’s Land Use Code Section 9-3.505, a waiver request must be granted if the development standards which are requested to be waived would physically prevent the development from including affordable housing units. Based on an assessment of the site, adherence to all the applicable development standards would result in a significant reduction of floor area through the loss of 18 units, making it infeasible to provide the proposed 49 restricted affordable units. As a result, staff recommends that the Planning Commission grant the requested density bonus, concessions and waivers, and parking allowance because the request ensures the provision of 49 affordable units and the request would not have an adverse impact on public health and safety and would not be contrary to state or federal law. Building and Site Design: Applicant-Proposed Building Façade: The proposed project’s architecture style is Spanish Colonial which complies and complements the traditional, eclectic and historic architectural character of the City of San Juan Capistrano. The City contains a mix of styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural Agrarian, Modern, Western and Early California. The proposed style complies with the Architectural style standards for multi-family buildings within the Very High-Density residential zoning district. The design includes a Spanish Colonial color palette, a mission tile roof, horizontal massing, columns, archways, and stucco walls. The use of light sand finish stucco walls, light earth tone and white colors, deep inset windows and balconies and a red tile roof makes-up the signature palette. The window locations, window sizes, shutter details, and the location of the tower elements complement the building architectural style and provide relief to otherwise long and expansive building walls. The project includes varied roof planes which provide balanced massing while remaining compatible with the overall Spanish Colonial architecture. The windows, balconies, and architectural details provide relief to the massing of the building which has been designed with a 90% second floor to first floor ratio, and a 98.3% third floor to second floor ratio; and which exceeds the City’s maximum of 80%. The floor ratios of the building may be considered as a concession to the City’s development standards for an affordable PC Agenda Report January 26, 2022 Page 7 of 26 housing development which provides more than 30% of the units as affordable to lower income households. The site improvements will provide a desirable environment for City Hall guests and residents. Such improvements include but are not limited to sufficient parking to serve the two land uses, new landscaping, and open landscaped courtyards. The outdoor courtyards will include low water-use landscaping, enhanced paving, high quality materials, a landscape planter and seating area within the City Hall’s courtyard, and a 560 SF lattice patio cover within the residential courtyard. The two-story City Hall building has a maximum height of 33’-6” which complies with the maximum allowed height of 35’-0”. The three-story residential building is proposed to have a maximum height of 43’-0”, which includes parapets to obscure future roof mounted equipment, architectural roof gables to articulate the roof line, and an elevator shaft. The northwest corner of the City Hall building will be visible most prominently from the Paseo Adelanto right-of-way. However, due to the orientation of the building in relation to Paseo Adelanto the three-story residential development and the City’s courtyard and main entrance will also be visible. The property lines of the site will be adjusted administratively by the City, who owns the entirety of the site, to create two separate lots dividing the City Hall and residential buildings. The setbacks between each proposed building and the proposed interior property line would be 0’-0”. While the reduced setback for the residential development is permitted as an affordable housing concession, the reduced setback for the City Hall building requires a Zone Variance. The proposed setbacks ensure separation from adjacent properties and allow the taller residential development to be stepped back from the front of the site while creating the appearance of a single structure. As a result, the two-story City Hall building would screen the three-story residential building. The use of courtyards helps to break out the building massing and ensure the lot coverage ratio for the site remains consistent with the required development standards. Trash Enclosure: The residential building’s proposed trash enclosure would be located within the building and accessed at the northeast corner of the parking area. The trash enclosure’s doors would be painted brown to match the building facia, balcony, and accent color. It was determined that a new trash enclosure is not necessary as the City currently uses a trash enclosure within the Public Work’s Yard, which will not be modified. Lighting: The Applicant has requested the lighting plan be a deferred submittal. A condition of approval requires that the lighting plan be reviewed and approved by staff to ensure compliance with the exterior lighting standards of Municipal Code Section 9-3.529. The Applicant notes that building mounted light fixtures have been included on the elevation plans for reference of the style and location of the proposed fixtures. Landscaping: The landscape plan would incorporate “California Friendly” and “California Native” plant species, with a majority being low-water use plants. Sixteen trees are PC Agenda Report January 26, 2022 Page 8 of 26 proposed to be removed, including six trees located between the site’s current parking lot and the public trail that runs adjacent to the creek, six Sycamore trees located immediately adjacent to the existing City Hall Building and four Sycamore trees located within the front parking lot. These removed trees are proposed to be replaced with 49 new trees throughout the site, including 36” box trees along the boundary with the creek trail. Grading: The proposed grading includes 628 cubic yards of total base cut and 1,761 cubic yards of total compacted fill to accommodate redevelopment of the site. The project has been designed to maintain natural landform grading where possible but will include raising the grades so that the buildings are elevated above the flood plain. The grading plan has been designed to maintain the existing grades along the adjacent property boundaries and to maintain the natural contours of the property to minimize the height of retaining walls. All grading activities would conform to requirements of the appropriate soils and geology reports and be performed under the supervision of a qualified soils engineer. Signage: The Applicant has identified halo-illuminated building mounted signs for both the residential and City Hall buildings. Both buildings are proposed to have up to 24 square feet of building mounted signs located at the primary entrances to each building. The residential signage would be centered above the leasing office entrance, and City Hall signage centered over the west arched entrance to the One Stop Shop (facing the parking lot) and over the north arched entrance to the One Stop Shop (facing the courtyard). The City’s sign code does not permit any building mounted signage within the Very High Density residential zone district. As such, the Applicant is pursuing an exception to the sign code, Municipal Code Section 9-3.543. Parking: The city’s Land Use Code establishes parking standards specifically for office use and state density bonus law establishes parking standards specific to affordable housing within 0.5-miles from an accessible major transit stop. Section 9-3.535 Table 3- 35 requires that offices provide 3.5 spaces per 1,000 square feet of gross floor area which for the 16,388 square foot building would equate to 47 required spaces. The state requires no more than .5 spaces per unit for properties which provide at least 11% of housing for very-low income or 15% of housing to low-income households if the units are within .5 miles of an accessible major transit stop, such as the train station. Therefore, the 50-unit apartment complex with 49 units, which will be restricted to very-low income households, qualifies for a requirement for 25 parking stalls. The Applicant's site plan identifies 88 parking spaces—56 of which will be for City Hall use, 28 of which will be for residential use, and four of which will be additional spaces to be shared by both uses. Access/Circulation: The project site is accessed by an existing 25’ wide driveway located at the terminus of Paseo Adelanto. The project includes a similar access and parking configuration as what is currently on-site. The 20’ setback along the north property line is to be enhanced with bicycle racks and a bike path to encourage cyclists to avoid biking through the parking lot to access the City trail systems. The design provides a circulation pattern which reduces vehicle-pedestrian conflict points and provides defined and PC Agenda Report January 26, 2022 Page 9 of 26 functional pedestrian circulation to building entrances, the separate courtyards, and the surrounding open space amenities, such as the creek trail and county park. Planning Commission Review/Recommendation to the City Council Procedure: Section 9-2.301(g) of the City’s Land Use Code provides that applications may be filed and processed concurrently where more than one land use decision is required for a single project. Section 9-2.313(b)(3) of the City’s Land Use Code further provides for concurrent processing of Architectural Control review where a project requires separate discretionary entitlement approvals. Section 9-2.349(c)(1) likewise provides for concurrent processing when tree removal is involved. The proposed project requires City Council approval of a Floodplain Land Use Permit. Since the Planning Commission’s action on the remaining applications would be contingent on City Council approval of the above listed application, pursuant to the code sections cited above, staff is presenting the Architectural Control, Tree Removal Permit, Grading Plan Modification, Sign Program, and Zone Variance applications as a single package for Planning Commission review and recommendation to 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. Provided below is staff’s analysis of the proposed project’s compliance with the required findings for all the applications. Density Bonus: A Density Bous has been requested for the development including a density of 41.6 dwelling units per acre, concessions to the setback and second floor to first floor area ratio development standards, a parking concession to provide 0.64 parking stalls per unit, and a waiver to the height and third story development standards. Density bonus requests are governed by Section 9-3.505 of the City’s Land Use Code, and request may be granted when it can be shown that the following findings set forth in Section 9-3.505(e) can be established: 1. General Plan consistency. A finding that the project application is consistent with the General Plan Land Use Element is the intensity of the development is in compliance with the design standards as outlined in Table 3-17. Findings of inconsistency with other elements shall be restricted to specific areas of demonstrated public health and safety hazards to future residents of the proposed development. 2. Municipal Code consistency. A finding that the project application is consistent with design criteria herein as well as meeting all other provisions of this Title 9. PC Agenda Report January 26, 2022 Page 10 of 26 3. Potential adverse impacts on adjacent properties. A finding that the project does not have an adverse impact upon the surrounding properties that cannot be reduced or minimized by a design change or condition regulating the project’s operation. 4. CC&R. A finding that the CC&R have included the provisions and terms of affordability as drafted in the affordability agreement for the project If these findings can be made, then it is appropriate to grant approval of the density bonus. Conversely, the inability to make any one of the findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested density bonus. In analyzing the request, staff determined the following findings of fact warrant approval, subject to the recommended conditions of approval: 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 PC Agenda Report January 26, 2022 Page 11 of 26 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. 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 PC Agenda Report January 26, 2022 Page 12 of 26 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. Architectural Control: Architectural Control 21-023 is required for review of the site plan, architectural design, and landscape. Architectural Control (AC) applications are governed by Section 9-2.313 of the City’s Land Use Code, and requests may be granted when it can be shown that the following findings set forth in Section 9-2.313 (c) can be established: 1. The proposed use and design of the project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan. 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation. 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. If these findings can be made, then it is appropriate to grant approval of the AC application. Conversely, the inability to make any one of the findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn PC Agenda Report January 26, 2022 Page 13 of 26 forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested AC application. In analyzing the request, staff determined the following findings of fact warrant approval, subject to the recommended conditions of approval: 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. PC Agenda Report January 26, 2022 Page 14 of 26 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 PC Agenda Report January 26, 2022 Page 15 of 26 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 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. Tree Removal Permit: Tree Removal Permit 21-036 is required for the removal of 16 non-heritage trees. Municipal Code Section 9-2.349(e) establishes four factors to be considered in evaluating whether or not a Tree Removal Permit (TRP) may be approved. The Municipal Code states “that the reviewing authority may approve the removal of trees as part of a discretionary review or tree removal permit application, based on an affirmative finding that one or more of the following criteria are met as substantiated by evidence in the record.” 1. The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate height, diameter of trunk or canopy, or root zone of the tree, or excessive trees exist on the site requiring thinning to maintain tree health; 2. The tree is an unsuitable variety for the site in that the species is not a native variety, is not in keeping with the community character of San Juan Capistrano, is of an invasive species, or otherwise conflicts with the intent of this ordinance; 3. Removal of the tree will not have an adverse impact on adjacent properties or the general welfare in that its removal will not adversely impact views, public streetscapes, or other aesthetic considerations; 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area. If one of these findings can be made, then it is appropriate to grant the TRP. Conversely, the inability to make at least one of these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for PC Agenda Report January 26, 2022 Page 16 of 26 staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested TRP. In analyzing the TRP request, staff believes that the following findings of fact for the third and fourth finding above warrant approval of the TRP: 3. 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. 4. 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. Grading Plan Modification: The proposed project requires approval of a Grading Plan Modification (GPM) for onsite grading to create building pads and related improvements. Section 9.2.323 of the Land Use Code requires that grading modifications to previously graded sites be subject to the review and approval of the Planning Director for minor changes, and subject to review by the Planning Commission for major changes.3 The Planning Director has determined that the proposed grading is major grading which requires Planning Commission review. The reviewing authority shall determine that such grading modifications comply with the following design standards: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics; 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; 3 As noted earlier, the Planning Commission is making recommendations on all the applications to the City Council. PC Agenda Report January 26, 2022 Page 17 of 26 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots; 4. The proposed modified grading plan shows the location of any proposed building footprints which shall meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title; and 5. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development. If all these findings can be made, then it is appropriate to grant the GPM application. Conversely, the inability to make any one of the findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested GPM application. In analyzing the GPM request, staff believes that the following findings of fact warrant approval, subject to the recommended conditions of approval: 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 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 PC Agenda Report January 26, 2022 Page 18 of 26 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. Sign Program: Sign Program 22-002 is required for the for review and establishment of the proposed sign program. The VHD zoning does not permit building mounted signage, so the applicant has requested an exception to the Sign Code. Sign Exception Request Section 9-3.543(k) of the Municipal Code, allows the Planning Commission to approve an exception to the sign standards so long as the following findings can be made: 1. The sign complies with all other applicable criteria of this section; 2. The scale of the sign will be in harmony with the architectural design for the building which it will serve; and 3. The sign will not create a hazard to other adjacent properties or tenants. If these findings can be made, then it is appropriate to grant the exception request. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the request for exception. In analyzing the sign PC Agenda Report January 26, 2022 Page 19 of 26 exception request staff believes the following findings of fact warrant approval of the exception to allow for the building-mounted signage in the VHD zone. 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. Sign Program (SP) applications are governed by Section 9-2.343(c)(3) of the City’s Municipal Code, and requests may be granted when it can be shown that the following findings can be established: 1. The sign program is consistent with the General Plan and Design Guidelines, and is complementary to the architecture and design of the development project; 2. The sign program conforms to all applicable requirements of this Code and any applicable specific plan or comprehensive development plan; 3. The sign program is generally compatible with the design character of adjacent properties and/or rights-of-way. If these findings can be made, then it is appropriate to grant the SP application and the exceptions to the Sign Code. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested SP application. In analyzing the SP request, staff believes the following findings of fact warrant approval: 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 PC Agenda Report January 26, 2022 Page 20 of 26 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. • 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. Zone Variance: The proposed project requires a Zone Variance to encroach into the required 20 side yard setback. Zone Variances are governed by Municipal Code Section 9-2.351. Zone Variances may be granted when it can be shown that the following can be established: 1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code PC Agenda Report January 26, 2022 Page 21 of 26 would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. 2. Granting of the variance or minor exception will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. 3. Granting of the variance or minor exception will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan. 4. Granting the variance or minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located. If these findings can be made, then it is appropriate to grant the Zone Variance. Conversely, the inability to make even one of these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested Zone Variance. In analyzing the Zone Variance request, staff believes that the following findings of fact warrant approval of the Zone Variance. 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 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 PC Agenda Report January 26, 2022 Page 22 of 26 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. Floodplain Land Use Permit (FP): The project site is located within a flood hazard area. In order to raise the existing grades above the 100-year floodplain elevation, the project proposes to elevate the site so that the buildings’ finished floor elevations are at least one foot above the Base Flood Elevation. To raise the existing grades to this elevation, the project proposes to fill the site with approximately 1,761 cubic yards of cut and import material. The proposed Project includes a Water Quality Management Plan (WQMP) specifying that proposed buildings would be elevated above flood depths anticipated for site development. Section 9-2.321 of the Land Use Code applies to all lands situated within special flood hazard areas as delineated by the Federal Emergency Management Agency’s Flood Insurance Rate Maps (FIRM) for the City of San Juan Capistrano. In order to approve a Flood Plain Land Use Permit, the following findings must be made: 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. PC Agenda Report January 26, 2022 Page 23 of 26 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. If these findings can be made, then it is appropriate to approve the Flood Plain Land Use Permit request. Conversely, the inability to make even one of these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested Floodplain Land Use Permit. In analyzing the proposed Flood Plain Land Use Permit, staff believes the following findings of fact warrant approval of the proposed Permit: 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. 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: PC Agenda Report January 26, 2022 Page 24 of 26 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. ENVIRONMENTAL IMPACT: This project has been reviewed in accordance with the California Environmental Quality Act. 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 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 PC Agenda Report January 26, 2022 Page 25 of 26 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. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • On January 25, 2022, the Cultural Heritage Commission (CHC) determined that the proposed project would be physically and aesthetically compatible with the adjacent San Juan Hot Springs Dance Hall, a structure identified on the City’s Inventory of Historic and Cultural Landmarks, in accordance with City Council Policy 603, Section 5. The Dance Hall is located at 32506 Paseo Adelanto, adjacent to the proposed project site. • On January 13, 2022, the Design Review Committee (DRC) conducted a formal review of the proposed project’s development design plans. The DRC, on a 3-0 vote, recommended that the proposed project be approved by the Planning Commission with three recommended design changes. As described in the table below, the Applicant has accepted the DRC’s recommended changes and has submitted a revised site plan and elevations (Enclosure 1). DRC Recommendation Applicant Response Residential - Provide indoor lockable bike parking with outlets for E-Bikes. The Applicant accepted the recommendation and revised the plans on page A2.0. City Hall - Provide bike parking for visitors and staff. The Applicant accepted the recommendation and revised the plans on page L1.1, providing eight bike racks north of the City Hall building. Wall or solid fence to be provided along the north property line from residential building to property line shared with railroad. The Applicant accepted the recommendation and requested it be a condition of approval to allow an opportunity to confirm acceptable style of solid fence with neighboring property owner and SMWD. This has been added as a condition of approval. In addition to its formal motion, the DRC provided the Applicant with informal comments and recommended that the Applicant, at their willingness and discretion, return to the DRC at some time in the future to further review the City Hall architecture and landscaping. The informal comments received are listed below including the Applicant’s responses: PC Agenda Report January 26, 2022 Page 26 of 26 DRC Informal Comment Applicant Response Roof line is not consistent between gables and parapet. Revise transitions or raise parapet. The Applicant modified several of the rooflines to make them more connected on pages A2.5, A2.6, and A3.4. Remove details from between windows and roofline to unclutter elevation and increase wall area above the windows. The Applicant accepted the comment and revised the plans on pages A3.3 and A3.4. Enlarge City Hall roof height to assist with roof transition and accommodate roof mounted mechanical equipment, if necessary. The Applicant accepted the comment and requested it be a condition of approval in order to confirm acceptable height to obscure roof mounted equipment which has not yet been selected as well as to ensure the height will not conflict with necessary solar panels for the EPIC grant funds. This has been added as a condition of approval. Create a more formal pedestrian walkway between parking and City Hall courtyard. The Applicant accepted the comment and requested it be a condition of approval to confirm the area, width and rise of the walkway for ADA compliance and site drainage purposes. This has been added as a condition of approval. Landscape plans should be in final state for review. The Applicant’s landscape architect revised the plans to reflect that no trees will be installed within the 20’ front yard setback from the north property line due to a SMWD requirement for a relocated water line. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, and City Council Resolution 10-18-17-03, a public notification of the proposed project was mailed to every property owner within one-thousand (1,000) feet of the project boundaries and was published in the Capistrano Valley News at least ten (10) days prior to the January 26, 2022 public hearing date. In addition, pursuant to City Council Resolution 10-08-17- 03, on-site signage was posted at least 20 days in advance of the January 26, 2022, public hearing date. ATTACHMENT(S): Attachment 1 - Resolution No. 22-01-26-XX ENCLOSURE(S): Enclosure 1 - Development Plans PC RESOLUTION NO. 22-01-26-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 PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL 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 CITY COUNCIL 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 ATTACHMENT 1 PC Resolution 22-01-26-XX 2 January 26, 2022 for low and very low income affordable housing. On May 17, 2016, the City adopted 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 is presenting 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, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval based upon 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: PC Resolution 22-01-26-XX 3 January 26, 2022 1. General Plan consistency. A finding that the project application is consistent with the General Plan Land Use Element is the intensity of the development is in compliance with the design standards as outlined in Table 3-17. Findings of inconsistency with other elements shall be restricted to specific areas of demonstrated public health and safety hazards to future residents of the proposed development. 2. Municipal Code consistency. A finding that the project application is consistent with design criteria herein as well as meeting all other provisions of this Title 9. 3. Potential adverse impacts on adjacent properties. A finding that the project does not have an adverse impact upon the surrounding properties that cannot be reduced or minimized by a design change or condition regulating the project’s operation. 4. CC&R. A finding that the CC&R have included the provisions and terms of affordability as drafted in the affordability agreement for the project If these findings can be made, then it is appropriate to grant approval of the density bonus. Conversely, the inability to make any one of the findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for staff’s recommendation that the Planning Commission make a positive recommendation to the City Council on the requested density bonus. In analyzing the request, staff determined the following findings of fact warrant approval, subject to the recommended conditions of approval: 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 PC Resolution 22-01-26-XX 4 January 26, 2022 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 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 PC Resolution 22-01-26-XX 5 January 26, 2022 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 Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Architectural Control (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 PC Resolution 22-01-26-XX 6 January 26, 2022 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 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 PC Resolution 22-01-26-XX 7 January 26, 2022 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 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 Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Tree Removal Permit (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 PC Resolution 22-01-26-XX 8 January 26, 2022 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 Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Grading Plan Modification (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 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. PC Resolution 22-01-26-XX 9 January 26, 2022 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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. PC Resolution 22-01-26-XX 10 January 26, 2022 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Sign Program (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. • 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. PC Resolution 22-01-26-XX 11 January 26, 2022 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Zone Variance (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 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 PC Resolution 22-01-26-XX 12 January 26, 2022 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 Planning Commission of the City of San Juan Capistrano does hereby recommend City Council approval 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 Floodplain Land Use Permit (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. 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 PC Resolution 22-01-26-XX 13 January 26, 2022 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends City Council approval 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. PC Resolution 22-01-26-XX 14 January 26, 2022 PASSED, APPROVED AND ADOPTED this 26th day of January, 2022. _____________________________________ Harrison Taylor, Chair _____________________________________ Sergio Klotz, AICP, Assistant Development Services Director/Secretary EXHIBIT “A” P.C. RESOLUTION 22-01-26-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: January 26, 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 22-01-26-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 22-01-26-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 Resolution 22-01-26-XX Conditions of Approval 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) Resolution 22-01-26-XX Conditions of Approval 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 22-01-26-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 Resolution 22-01-26-XX Conditions of Approval 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) Resolution 22-01-26-XX Conditions of Approval 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 Resolution 22-01-26-XX Conditions of Approval 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 Resolution 22-01-26-XX Conditions of Approval 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 Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 11 of 18 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 Resolution 22-01-26-XX Conditions of Approval 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. Resolution 22-01-26-XX Conditions of Approval 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. 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 embankments where applicable. Applicant shall match peak runoff rates for the 25-year and 100-year storm events. Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 14 of 18 ___ 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. A wall or solid fence will be provided along the north property line from residential building to property line shared with railroad. ___ 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. Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 15 of 18 ___ 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. 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 Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 16 of 18 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 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) Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 17 of 18 ___ 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 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 Resolution 22-01-26-XX Conditions of Approval Paseo Adelanto Mixed Use Project Page 18 of 18 PW: Public Works Department SMWD: Santa Margarita Water District OCFA: Orange County Fire Authority