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11-0804_STROSCHER G3 LLC_Development Agreement RECORDING REQUESTED BY AND Recorded in Official Records, orange County WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder I6II9II��iililllllll���l�l�1��IINIIIYill�illlili��il�l!I�I�IPl1�1II�(iil��i NO FSE City Cleric 201100038283911:21 am 08/04/11 City of San Juan Capistrano 62 417 Al2 194 32400 Paseo Adelanto 0.00 0.00 0.00 0.00 679.00 0.00 0.00 0.00 San Juan Capistrano, CA 92675 (Space Above This Line for Recorder's Office Use Only) (Exempt frons Recording Fee per Gov.Code§§6103 and 27383) � � t DEVELOPMENT AGREEMENT (PLAZA DANDERAS HOTEL AND MIXED USE PROJECT) by and between CITY OF SAN JUAN CAPISTRANO and STROSCHER G3, LLC Effective August 3, 2011 (Ordinance No. 988 adopted July 5, 2011) DEVELOPMENT AGREEMENT (PLAZA BANDERAS HOTEL AND MIXED USE PROJECT) This DEVELOPMENT AGREEMENT (PLAZA BANDERAS HOTEL AND MIXED USE PROJECT) (the "Agreement") is dated for reference purposes only as of the 5h day of .Tule, 2011, and is being entered into by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, organized and existing under the laws of the State of California ("CITY"), and STROSCHER G3, LLC, a California limited liability company ("STROSCHER"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2, of the California Constitution. CITY and STROSCHER are sometimes hereinafter referred to as the "Parties." RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules, and regulations, subject to the applicable conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and encourage and provide for the development of public infrastructure and amenities to support the development of new housing and commercial projects. C. STROSC14ER is the fee owner of that certain real property consisting of 3.18 acres of land located at the corner of Ortega Highway and El Camino Real in the City of San Juan Capistrano, County of Orange, State of California, that is more particularly described and depicted in Exhibit "A"attached hereto and made a part hereof(the "Property"). D. The Property consists of 3.1.8 acres, with a three-story, 124-roam hotel, consisting of 76,363 square feet ("Hotel") on approximately 2 acres; 10,169 square feet two story office/retail building consisting of 6,467 square feet of retail on the first floor ("Retail Component") and 3,702 square feet of private office on the second floor (the "Private Office Space") ; 6,095 square feet for a restaurant ("Restaurant") and 190 parking spaces (the Hotel, Retail Component, the Private Office Space, Restaurant and parking spaces are collectively, the "Project"). E. In connection with approval of the Project, STROSCHER applied for, and CITY approved, General Plan Amendment 10-001; Rezone 10-001; Architectural Control 10-002; Grading Plan Modification 10-001; Tree Removal Permit 10-003; Floodplain Land Use Permit 10-001; and Tentative Parcel Map 10-001 (collectively, the "Development Plan Approvals"), in accordance with -1- the provisions of this Agreement, and other applicable regulations of the CITY and other governmental agencies having jurisdiction over the Property and the "Project" as defined in Section 1.24 below. P. STROSCHER has applied for, and CITY has approved, this Agreement in order to create a beneficial development project and a physical environment that will conform to and complement the goals of CITY, be sensitive to human needs and values, and facilitate efficient traffic circulation. By its approval and execution of this Agreement CITY has determined that CITY (including, without limitation the existing and future residents of CITY) will receive the following direct and indirect benefits from the implementation of this Agreement: 1. The Project will conform to CITY's goal to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, state-of-the-art development standards, and planning concepts. 2. The traffic and circulation elements of the Development Plan will conform to CIT Y's General. Plan by reducing the impact of the average daily trips generated by the Development of the Project on arterial roads and thoroughfares adjacent to the Expansion Parcels consistent with Transportation and Traffic Mitigation Measures set forth in the Mitigation Monitoring and Reporting Program ("MMRP") for the Project. 3. Dedication to CITY of an easement interest in the air space over a portion of the Property, to be used by the City as a parking lot or parking facility ("Parking Lot Air Space Parcel"), to increase the number of parking spaces available for visitors to the Mission San Juan Capistrano. The Parking Lot Air Space Parcel shall not eliminate any of the Project's parking spaces and improvements to this air space shall not disrupt Development or operation of the Project. A depiction, of the Parking Lot Air Space Parcel is attached hereto at Exhibit "B"and made apart hereof. 4, Development of the Project will generate significant increases in revenue to the City, through Project generation of Transit Occupancy Tax revenues (San Juan Municipal Code ("SJMC") Section 3-3.601 et seq.), sales tax revenues and increased property tax revenues. G. The following actions have been taken with respect to this Agreement and the Project: 1. On or about October S, 2010, pursuant to the applicable provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the regulations promulgated by the Secretary of Resources pursuant thereto (Title 14 of the California Code of Regulations, Section 15000 et seq.) (collectively, "CEQA"), the City Council of CITY found and determined that all of the significant environmental impacts of the Project, including this Agreement, were adequately mitigated and adopted an Environmental Impact Report; 2. On or about September 14, 2010, following three duly noticed and conducted public hearings, the Planning Commission of CITY took action on the Project; 2 3. On or about October 5, 2010, the City Council of CITY approved the Development Plan Approvals; 4. On or about June 30, 2011, after a duly noticed and conducted public hearing, the City Council of CITY determined that the provisions of this Agreement were consistent with the General Plan of CITY; 5. On or about June 30, 2011, pursuant to CEQA, the CITY Council of CITY found and determined that the previously certified Environmental Impact Report for the Project adequately describes the Agreement's environmental setting, impacts and alternatives and mitigation measures related to each significant impact; and 5. On or about June 30, 2011, after a duly noticed and conducted public hearing, the City Council of CITY introduced Ordinance No. 988 approving and authorizing the execution of this Agreement and on_July 5, 2011, the City Council of CITY adopted said Ordinance (hereinafter the "Authorizing Ordinance"), a copy of which Authorizing Ordinance is on file in the City Cleric's office at City Hall. H. In consideration of the substantial public improvements and benefits to be provided.by STROSCHER and the Project, and in order to strengthen the public planning process and provide significant educational and economic benefits to the City of San Juan comMUDity, by this Agreement CITY intends to provide to STROSCHER the assurance that it can proceed with Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the CITY's General Plan, ordinances, policies, rules, and regulations existing as of the Effective Date. In reliance on CITY's covenants in this Agreement concerning Development of the Property, STROSCHER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Master Plan feasible. I. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan for the Project implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall duality of life and the environment within the City of San Juan Capistrano, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. J. CITY and STROSCHER agree that it may be beneficial to enter into additional agreements and operating memoranda, or to modify this Agreement with respect to the implementation of the separate components of the Development Plan when more information concerning the details of each component is available, and that this Agreement should .expressly allow for such contemplated additional agreements, operating memoranda, and modifications to this Agreement. -3- K. Project Mitigation Measure MM 4.11.201b and. Project Condition of Approval No. 48 require STROSCHER to construct a loop system to run from a POC in the 350C system at the intersection of El Homo and the I-5 Freeway ("El Homo Section") to a connection to the 350C system at the intersection of Ortega Highway and Avenida Los Cerritos ("Ortega Section"). The "Ortega Section" to which the El Homo Section is to connect includes the water line from a point 200 foot east of the intersection of Camino Capistrano and Ortega Hwy., then continuing easterly on Ortega Hwy. to the intersection of Ortega Highway and Avenida Los Cerritos. Compliance of these conditions may be resolved as follows: 1. During the future reconstruction of the Ortega Bridge over the I-5, CITY has requested Caltrans to provide for the water interconnect required to create the Ortega Section loop. Should the El Homo Section provide sufficient fire flow as determined by the fire marshall, STROSCHER shall not be required to construct the Ortega Section. Prior to the time the Ortega Section is to be constructed, STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction and/or the Parties may enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the Ortega Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section. 2. STROSCHER. shall construct the El Homo Section to provide sufficient fire flow to the Property as determined by the fire marshall. STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction should new development be proposed, which would benefit from the El Homo Section construction. The Parties may further enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the Tl Homo Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the El Horno Section. 3. Subject to exercising its legislative discretion, the CITY shall consider the creation of a utility district to fund the undergrounding of power lines along El Camino Real ("Undergrounding of Power Lines"). L. CITY agrees, subject to exercising its legislative discretion, to assist STROSCHER in its attempts to have Caltrans reconstruct the entryway to the Project, which may be required due to the future relocation and expansion of Ortega Highway by Caltrans. CITY's assistance to STROSCHER shall not include the provision of any financial assistance, unless CITY, in its sole discretion, determines to provide financial assistance. M. The Stroscher family previously conveyed to the County of Orange rights-of-way which were to be used in the construction of the Ortega Highway. Ultimately, the City succeeded to the interest of the County of Orange, and presently owns the rights-of-way, which no longer are needed for future improvement of the Ortega Highway ("Excess Ortega Rights-of-Way"). The Excess Ortega Rights-of-Way are depicted on Exhibit "C" attached hereto and made a part hereof. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY, pursuant to Article XI, Section 2 of the California Constitution, -4- and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, and for the further consideration described in.this Agreement, the Parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this Agreement and each defined term shall have the meaning set forth below: 1.1 Authorizing Ordinance. "Authorizing Ordinance" means Ordinance No. 988 approving this Agreement. 1.2 CEQA. "CEQA" has the meaning ascribed to that term in Recital F.1 of this Agreement. 1.3 CITY. "CITY" means the City of San Juan Capistrano, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies, and departments. 1.4 City Council. "City Council" means the duly elected and constituted city council of CITY. 1.5 Default. "Default".has the meaning ascribed in Section 9.1 or 9.2 of this Agreement, as applicable. 1.6 Develop, Development or Developing. "Develop," "Development" or "Developing" means the improvement and use of the Property, as the term "Development" is defined in California Government Code Section 65927, for purposes consistent with the Project and this Agreement, all in accordance with the provisions of this Agreement, but does not include the maintenance, repair, reconstruction, or redevelopment of any building, structure, improvement, or facility after the initial construction and completion thereof. L7 Developer. Developer means Stroscher G3, LLC, all successors in interest, in whole or part, to the right, title, and interest of any of such entity in and to this Agreement with respect to all or any portion of the Property. 1.8 Development Agreement Legislation. "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date, 1.9 Development Exactions. "Development Exactions" means any requirement of CITY in connection with the Existing or Subsequent Land Use Regulations or Development Plan Approvals, for the dedication of land (including without limitation through the encumbrance of land with an easement or use restriction), the construction or improvement of public improvements or facilities (including without limitation improvements or facilities located on land that is encumbered with an easement or use restriction in favor of a public agency, the public, or a private non-profit entity), or the formation of any Financing District and/or payment of any special taxes, assessments, or fees, in order to provide any such public improvements or facilities in conjunction with. -5- Development or to lessen, offset, mitigate, or compensate for the impacts of development on the environment or other public interests consistent with the Project and this Agreement. 1.10 Development Impact Fees. "Development Impact Fees" shall mean those fees established and adopted by CITY with respect to development and its impacts pursuant to applicable governmental requirements, including Section 66000 et seq., of the California Government Code, including impacts fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on or in connection with new development by the CITY. Development Impact Fees do not mean or include Processing Fees. The Development Impact Fees are the only Development Impact Fees that the City may impose or levy on the Project. 1.11 Development Pian. "Development Plan" means the plan for Developing the Project on the Property in accordance with this Agreement, the Development Plan Approval(s), and the Future Approvals: As of the Effective Date, the Development Plan consists of the Master Plan, provisions of CITY's General Plan (as amended through the General Plan Amendment referred to in Recital E) applicable to the Property, the narrative description of the Project set forth in Exhibit "D" to this Agreement, the Development Plan Approvals set forth in Exhibit "E" to this Agreement, and the express provisions set forth in this Agreement that define or describe the Project. The Future Development Approvals automatically shall become a part of the Development Plan and included within the scope of STROSCHER's vested rights provided for in this Agreement without the need for any amendment of this Agreement when the same are issued or approved by CITY and become effective. Each of the documents memorializing the Development Plan is (or will be) maintained in the official records of CITY and shall be utilized whenever required to interpret or apply this Agreement. 1.12 Development Plan Approval(s). "Development Plan Approval(s)" means the approvals of the City Council described in Exhibit "E" hereto insofar as the same relate to the Property and the Development Plan, including those amendments to this Agreement made in accordance with Section 3.8 hereof, those amendments to the Development Plan Approval(s) made in accordance with Section 3.9 hereof, and those Future Development Approvals made in accordance with Section 3.6 hereof. 1.13 Development Transferee. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. 1.14 Discretionary Actions or Discretionar Approval(s). "Discretionary Action(s)" or "Discretionary Approval(s)" means an action which requires the exercise of judgment, deliberation or discretion on the part of the CITY including any board, agency, commission or department and any officer of employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial Approval. 1.15 Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.16 Existing Land Use Regulations. "Existing Land Use Regulations" means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other action of CITY, including but not limited to the CITY`s General Plan Municipal Code and Zoning -6- Code and including all Development Impact Fees, which affect, govern or apply to the Development and use of the Property, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative, which are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.17 Future Development Approvals. "Future Development Approvals" means those entitlements and approvals that are: (a) made in accordance with Section 3.6 hereof, and (b)requested by STROSCHER in order to authorize the Development to occur upon the Property in a manner consistent with the Development Plan Approval(s). By way of enumeration, and not limitation of the foregoing, the Future Development Approvals include such development permits, development plan reviews, use permits, variances, grading permits, building permits, and occupancy permits that are required as a condition to STROSCHER's right to Develop pursuant to the Development Approvals for all or any portion of the Project. There is no intention to include any approvals that are beyond the implementation of the specific development listed on Exhibit "D". 1.18 Ministerial Approval(s) or Ministerial Act( . ".Ministerial Approval(s)" or "Ministerial. Act(s)" means a permit approval or clearance, conformance with the Existing Land Use Regulations, including, without limitation, conformance maps for tentative tract maps, determinations of compliance with the Project Conditions of Approval of the Existing Project Approvals, site plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, temporary use permits, certificates of use and occupancy, and approvals and entitlements and related matters as necessary for the completion of the Development of the Property as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval. 1.19 On-Site Improvements.rovements. "On-Site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property consistent with the Development Plan Approvals. 1.20 Owner. "Owner" means STROSCHER. 1.21 Party or Parties. "Party" means either CITY or STROSCHER., as the context dictates, and "Parties" means CITY and STROSCHER. 1.22 Planning. Commission. "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.23 Processing Fces. "Processing Fees" means all fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Future Development Approvals. 1.24 Pr,oiect. "Project" means the Development and Approvals summarized in Recital E, the planning elements of which are more specifically described in Exhibit "E" hereto. -7- 1.25 Property. "Property" means the Property referred to in Recital C and more particularly described in Exhibit "A"to this Agreement. 1.26 Term. "Term" means the period of time that this Agreement remains in effect with respect to the Property or any portion thereof, as provided in Section 2.3. 2. General Provisions. 2.1 Binding Covenants. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall run with. the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties hereto. 2.2 Interest of STROSCHER.. As of the date this Agreement is being executed by the Parties, STROSCI-IER represents that STROSCHER is the fes owner of that certain real property consisting of 3.18 acres of land located at the northwest corner of Ortega Highway and El Camino Real in the City of San ,Tuan Capistrano, County of Orange, State of California, that is more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof (the "Property"). 2.3 Term. In addition to the provisions of Section 10.4 of this Agreement, the initial term (hereinafter called "Term") of this Agreement shall commence on the Effective Date and shall terminate at the end of the day immediately preceding the fifth (5"') anniversary of the Effective Date, subject to the termination provisions set forth herein; provided, however, that so long as STROSCIIER is not in Default of this Agreement and the Agreement has not been otherwise terminated, STROSCHER may request CITY to extend the Term for up to three (3) one-year extensions of the Term. City shall have the discretion as to whether to approve or deny any such extension request(s) made by STROSCHER. STROSCHER's request(s) to extend the Term shall be submitted not more than one hundred eighty (180) days and no less than sixty (60) days before the end of the Term. Pursuant to California Government Code Sections 65863.9 and 66452.6(a), the expiration date of all Development Plan Approvals shall be extended for the greater of the `berm of this Agreement, in which case no such extension application need be filed, or such time approved in accordance with state law or the Existing Land Use Regulations. The Parties agree that phased final subdivision maps maybe processed and recorded. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (i) If termination occurs pursuant to any specific provision of this Agreement; or (ii) As to provisions of this Agreement governing On-Site Improvements on any separate legal lot(s) or parcel(s) within the Property, upon the completion of On-Site Improvements on and with respect to said lot(s) or parcel(s) pursuant to the terms of this Agreement and CITY`s issuance of all required occupancy permits or final inspections, as applicable, and acceptance of all dedications and improvements required to complete such On-Site Improvements; or (iii) Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to CITY invalidating this Agreement. -8- The termination of this Agreement in its entirety or with respect to a particular lot(s) or parcel(s) shall not affect any right or duty of STROSCHER arising from any provisions of this Agreement that remain effective or from a source other than.this Agreement. In the event this Agreement terminates in its entirety or with respect to a particular lot(s) or parcel(s), and notwithstanding any other provision set forth herein, upon request by STROSCHER, or any other successor or assignee of either of there, CITY shall cooperate, at no cost to CITY, in executing in recordable form a document prepared by the requesting party that confirms the termination of this Agreement with respect to the Property or applicable portion thereof. 2.5 Transfers and Assignments. 2.5.1. STROSCHER ("Owner") shall not assign all or any part of this Agreement without the prior written approval of the CITY. Such written approval by the CITY shall not be unreasonably withheld, provided that. (a) if Owner's proposed assignee is an entity, such entity shall be legally formed and qualified to conduct business in the State of California; (b) Owner shall have delivered evidence to CITY that Owner's proposed assignee has the ability to comply with the Agreement; (c) Owner and its/their assignee execute an assignment and assumption agreement pursuant to which the assignee expressly assumes all of Owner's obligations under the Agreement; and (d) CITY shall bear no expenses in connection with such assignment. Notwithstanding any other provision of this Agreement, Owner need not obtain the prior written approval of CITY for the assignment of this Agreement to a limited liability company, limited partnership or corporation wholly-owned by, or under Owner's control. 3. Development Provisions. 3.1 Vesting:, 3.1.1 Project. CITY covenants STROSCHER has and shall have the right to Develop the Project on the Property consistent with the Development Plan and the Development Plan Approval(s), including, without limitation, the Future Development Approvals after the same have been issued or approved by CITY and become effective ("vested right"). 3.1.2 Limits on Development. The California. Supreme Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.'d 465 (1984), that the failure of the parties to address certain limits on a city's ability to condition., restrict, or regulate a development allowed a later adopted initiative to restrict the development. This Agreement is intended to cure that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement, and the scope of CITY's reserved authority described in Section 3.2 hereof. Except as expressly set forth in the Development Plan and Development Plan Approval(s), regardless of any future enactment, whether by initiative or otherwise, STROSCHER shall have the vested right to Develop the various components of the Project in such order, at such rate, and at such times as STROSCHER deems appropriate within the exercise of its subjective business judgment. Specifically, CITY agrees that STROSCHER shall be entitled to apply for and receive the Future Development Approvals and to Develop and use the .Property at any time, provided that such application is made and such Development occurs in accordance with this Agreement and the other Development Plan Approval(s). No future amendment of any CITY law and no future adoption of any CITY law or other action that purports to limit the scope, rate; or timing of Development on the -9- Property or to alter the sequencing of the Development in a manner inconsistent with the Development Plan or the Development Plan Approval(s) (including without limitation the Future Development Approvals when issued by CITY), whether the same are adopted or imposed by the City Council or through the initiative or referendum process, shall .apply to the Property. Notwithstanding the foregoing, nothing in this Section 3.1 shall limit or restrict CITY's reserved authority as described in Section 3.2. 3.1.3 Entitlements Permits and Approvals— Cooperation. 3.1.3.1. Processing. CITY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, complete applications for the Future Development Approvals and, if applicable, STROSCHER's complete applications for amendments to this Agreement, to the Development Plan Approval(s), and to any of the Future Development Approvals (after the same have been initially approved). 3.1.3.2 Other Permits. CITY :further agrees to reasonably cooperate with STROSCHER, at no cost to CITY, in securing any County, State, and. Federal permits or authorizations which may be required in connection with Development of the Property that are consistent with the Development Plan and Development Plan Approval(s); provided, that nothing in this Section 3.1.3.2 shall be deemed to require CITY's assumption of any obligations under any said permits or authorizations. 3.1.3.3 Acquisition of Off-Site Property. CITY shall not postpone or refuse approval of any Future Development Approval because STROSCHER or a Development Transferee has failed to acquire off-site property required for the construction or installation of offsite improvements. To the extent CITY, STROSCHER, or a Development Transferee does not have sufficient title or interest to permit any of such offsite improvements that are such entity's responsibility to be constructed or installed at the time the application for a Future Development Approval is processed or approved by CITY, STROSCHER or the Development Transferee shall make a good faith effort to acquire the required property. If STROSCHER or the Development Transferee is unable to acquire the required property, CITY shall consider in good faith the acquisition of the required property. If CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, CITY shall continue to issue the Future Development Approvals) for the Property despite the fact that the offsite improvement has not been completed. Notwithstanding the foregoing, CITY's obligation to continue to issue the Future Development Approvals as provided for in this Section is contingent upon: (i) STROSCHER or the Development Transferee submitting the improvement plans required for the improvement to CITY; and (ii) consistent with Government Code Section 66462.5, STROSCHER or the Development Transferee entering into a mutually acceptable agreement with CITY that requires STROSCHER or the Development Transferee to pay or reimburse or secure the future payment or reimbursement of CITY for STROSCHER's fair share of the costs incurred in acquiring the land and constructing the applicable offsite improvement(s) at such time as CITY acquires the required land. -10- 3.2 Reserved Authority. 3.2.1 Reservation of Authority With Respect to Future Development Approvals, Future Changes in Development Exactions. Notwithstanding any other provision set forth in this Agreement to the contrary, CITY reserves the right after the Effective Date of this Agreement to change the Existing Land Use Regulations applicable to the Property and the Project and to exercise the same degree of discretion and control in its consideration of Future Development Approvals that it would have in the absence of this Agreement to impose conditions under CEQA and other applicable laws and regulations that apply to all similar development throughout the CITY in order to mitigate the Project's impact on the environment, subject to the following limitations: (i) Although CITY reserves the authority to change its Existing Land Use Regulations, no such future changes in the Existing Land Use Regulations shall apply to the Project, if such future changes in the Existing Land Use Regulation would be inconsistent with the Development Plan., the Project Development Approvals, or any of the provisions of this Agreement, nor shall any such future changes applicable to the Project materially jeopardize or impair the rights of STROSCHER thereunder or materially increase the cost of Developing the Project; (ii) Upon request by STROSCHER, CITY shall provide written support to STROSCHER, if STROSCHER files a request for waiver or reduction of a Development Exaction imposed by any governmental or quasi-governmental agency, aside from the CITY 3.2.2 Uniform Codes. This Agreement shall not prevent CITY from applying to the Project new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, and Uniform Fire Code, provided those same standards are applied to all other development within the City of San Juan Capistrano. 3.2.3 State and Federal Laws and Regulations. STROSCHER shall comply with all applicable state and federal laws and regulations, provided that nothing in this Agreement shall be deemed to limit or restrict the right of STROSCHER to contest or challenge the validity of any such laws or regulations or their applicability to the Property or the Project. In the event that either CITY or STROSCHER determines that a state or federal law or regulation prevents the full implementation of the Development Plan and/or any of the Development Plan Approval(s), that Party shall provide the other Party with written notice of the state or federal law or regulation, a copy of the law or regulation, and a written statement of the conflicts between such state or federal law or regulation and this Agreement. Promptly thereafter CITY and STROSC14ER shall meet and confer in. good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement is required, provided that each Party reserves its discretion with respect thereto. CITY agrees to cooperate with STROSCHER in resolving the conflict in a manner which minimizes any adverse fiscal or other impact of the conflict upon STROSCHER, provided only that in no event does CITY agree that in such event it will materially increase its financial obligations set forth in this Agreement or otherwise materially increase its obligations. CITY also agrees to process in a prompt manner STROSCHER's proposed changes to the Development Plan and/or Development Plan Approval(s) as may be necessary to comply with such federal or state law or regulation; provided, however, that the -11- approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.2.4 Suspension of Development in Order to Protect Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to suspend the right of STROSCHER to develop all or any portion of the Project in order to protect the public health and safety (e.g., in the event of the unavailability of adequate water, wastewater treatment, or storm drainage facilities). In the event that CITY determines that the public health or safety require a suspension of STROSCHER's right to develop all or any portion of the Project, the scope of the suspension shall be limited to the extent determined by CITY to be reasonably necessary to protect the public health or safety, the tern of the suspension shall be limited to the period of time during whish the public health or safety concern continues, and CITY shall exercise reasonable good faith efforts to minimize the period of such suspension to the extent that the cause thereof is within CITY's control. As soon as is reasonably practicable after the commencement of an event that results in a suspension of the rights of STROSCHER to develop hereunder due to public health or safety concerns, CITY shall provide STROSCHER with written notice of the existence of such event, a detailed explanation of CITY's proposed action, and a written statement of any conflicts with the provisions of this Agreement that require a suspension of any of the terms hereof. Promptly thereafter CITY and STROSCHER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement in whole or in part, is necessary. In such negotiations, CITY and STROSCHER agree to preserve the terms of this Agreement and the rights of STROSCHER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with STROSCHER in a good faith reasonable effort to resolve any such conflict in a manner which minimizes any adverse Financial or other impact of the conflict upon STROSCHER without materially increasing the obligations of CITY under this Agreement. CITY also agrees in such event to process in an expedited manner STROSCHER's proposed changes to the Development Plan and any previously issued Development Plan Approval(s) as may be necessary to appropriately respond to the public health and safety concern with respect to the portion of the Property owned by STROSCHER; provided, however, that the approval of any such changes by CI'T'Y shall be subject to the discretion of CITY, consistent with this Agreement, and no such change shall apply to any other portion of the Property without the prior written consent of the owner(s) thereof, 3.3 Further Assurances to STROSCHER Regarding Exercise of Reserved Authority. The Parties further acknowledge that the public benefits to be provided by STROSCHER to CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property may be developed and used in accordance with the Development Plan and the Development Plan Approval(s). Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 ("Vesting") and 3.2 ("Reserved Authority") STROSCHER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations, and policies and that in the absence of an express provision set forth in this Agreement such judicial deference might be construed to permit CITY, in violation of the limitations on its reserved authority, to attempt to apply rules, regulations, and policies that are inconsistent with the Development Plan and the Development Plan Approval(s). Accordingly, STROSCHER desires assurances that CITY shall not, and CITY agrees that it shall not, further restrict or limit the Development of the Property in violation of this Agreement except in strict accordance with the reserved authority described in Section 3.2 hereof, which exercising of CITY's reserved authority shall not be considered to be a -12- violation of this Agreement. In this regard, from and after the date that CITY approves the Project, if STROSCHER judicially (including by way of a reference proceeding) challenges CITY's purported exercise of its reserved authority as being in violation of this Agreement, STROSCHER shall bear the burden of alleging that such purported exercise by CITY of its Reserved Authority is inconsistent with the Development Plan or the Development Plan Approval(s) and CITY thereafter shall bear the burden of proof in establishing by a preponderance of the evidence that such exercise of its Reserved Authority is in accordance with and not a violation of this Agreement. 3A Vested Right, By entering into this Agreement and relying thereupon, STROSCHER is obtaining certain vested rights to proceed with the Development anticipated by the Development Plan and the Development Approvals and in accordance with the terms and conditions of this Agreement (as the same may be amended and supplemented from time to time as expressly set forth herein) and the Existing Land Use Regulations. By entering into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety, and welfare. CITY therefore agrees to the following: 3.4.1. No Conflicting Enactments. Except as provided in Section 3.2 of this Agreement, after the Effective Date neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance, or other measure (collectively, "law") applicable to the Property which is inconsistent or in conflict with this Agreement. Not by way of limitation of the foregoing, any law, whether by specific reference to this Agreement or otherwise, shall be considered to be inconsistent and in conflict with this Agreement if it has any of the following effects: (i) It limits or reduces the occupancy, density or intensity of the Project as provided for in the Development Plan or the Development Plan Approval(s); or (ii) It imposes Development Exactions on the Property other than those in effect on the Effective Date or as otherwise expressly permitted by Section 3.2.1 of this Agreement. 3.4.2 Consistent Enactments. By way of enumeration and not limitation, the following types of laws shall be considered consistent and not in conflict with this Agreement: (i) Laws that provide for the relocation of structures within the. Property pursuant to an application from STROSCHER; and (ii) Any law that is expressly authorized by this Agreement. 3.4.3 Initiative Measures. In accordance with state law, in addition to and not in limitation of the foregoing, it is the intent of STROSCHER and CITY that no moratorium or other limitation(whether relating to the Development of all or any part of the Property and whether enacted by initiative or otherwise) affecting site development permits, precise plans, site development plans, building permits, occupancy certificates, or other entitlements to use approved, issued, or granted within CITY, or portions of CITY, shall apply to the Property to the extent such moratorium or other limitation would. restrict STROSCHER's right to Develop the various elements of the Project on the Property in such order and at such rate as STROSCHER deems appropriate. 3.5 Subsequent CEQA Review. -13- 3.5.1 The FIR. The CITY certifies that the EIR prepared on behalf of the CITY in conjunction with the Project is a complete and accurate document which satisfies all the requirements of the California Environmental Quality Act ("CEQA," California Public Resources Code Section 21.000 et seg.) and the State CEQA Guidelines (14 California Code of Regulations 1.5000 et seq.) with respect to the Project and this Agreement. CITY agrees that no mitigation measures arising out of environmental concerns that are not included in the MMRP for the FIR or this Agreement shall be imposed on the Project except as otherwise provided in this Section. In exercising its legislative discretion to enter into this Agreement and to commit CITY to the completion of the Project, CITY has further reviewed and considered from a variety of perspectives, and has analyzed pursuant to a variety of assumptions, the projected future regional and cumulative environmental demands that will compete with the Project for available capacities and cumulatively add to potential adverse impacts. 3.5.2 Subsequent CEQA Review. In accordance with state law, the Parties to this Agreement intend that the FIR fully and adequately addresses all potential adverse environmental impacts from full development of the Project. After consideration of the potential adverse environmental impacts associated with the Project, the CITY has imposed mitigation measures in accordance with CEQA, as specified in the MMRP to the fullest extent the CITY considers feasible and necessary. The CITY has determined that the Development of the Project in the manner contemplated by the Project Approvals and this Agreement will provide the mitigation measures needed to alleviate short-run and long-run potential adverse environmental impacts created by the Project, and that the public benefits to be derived from the Development of the Project override any potential adverse environmental impacts which may arise from the Development of the Project. Therefore, the CITY agrees that no subsequent or supplemental FIR shall be required by the CITY for any Subsequent Discretionary Project Approvals implementing the Development of the Project unless required pursuant to California Public Resources Code Section 21 t66 and Title 14 California Code of Regulations, Section 15162. For purposes of this analysis, the term "new information" does not mean discovery that probabilities of adverse (or beneficial) results considered in the approval of this Agreement, the Existing Project Approvals or the FIR may prove incorrect, or that such probabilities are or are not becoming, or have or have not become, realities; but instead, "new information" requires that the actual quantitative or qualitative extent of the underlying issues were not considered and could not have been considered in the environmental analysis associated with the approval of the Existing Project Approvals, this Agreement and the EIR. 3.6 Subsequent Project Approvals. 3.6.1 Basis for Denying or Conditional Granting Subsequent Proj.ect....Approvals. The CITY is bound to permit the uses on the Property that are permitted by the Existing Land Use Regulations and the Development Plan Approvals. The CITY agrees to grant and implement all Ministerial Approvals, as long as the Ministerial Approvals comply with the Existing Land Use Regulations, the Agreement, and are consistent with the Development Plan. Approvals, including but not limited to, building plans and permits, specifications, reclamation plans, landscape plans, grading plans and permits, and use permits reasonably necessary or desirable to accomplish the goals, objectives, policies and plans described in this Agreement. This Agreement shall not prevent the CITY .from denying or conditionally approving any Discretionary Approval on the basis of the Existing Land Use Regulations, subject, however, to the provisions of Sections 3.1 and 3.4 of this Agreement. -14- 3.6.2 Duty to Grant and Implement. Subject to the requirements of state law and the CITY Municipal Code, the CITY's obligation to grant and implement any Ministerial or Discretionary Approvals shall not infringe upon the CITY's right to withhold such Future Development Approvals for failure of the applicable Application to conform to the Existing Land Use Regulations. If the CITY rejects an application for a Ministerial or Discretionary Approval, it shall provide, in good faith, a specific list of reasons why the application was rejected, along with a description of reasonable measures ("Measures to Correct") to correct each basis for rejection. If Developer resubmits its application incorporating all the Measures to Correct, the CITY shall not unreasonably deny Developer's application. 3.6.3 Processing Obligations'. The CITY hereby agrees that it will accept from the Developer for processing and review all applications for Future Development Approvals, in accordance with the Existing Land Use Regulations. To the fullest extent allowed by law, the CITY shall process all applications filed in connection with the Development of the Project as expeditiously as possible and shall complete at the earliest possible time all steps necessary for the implementation of this Development Agreement and the Development of the Project, including, but not limited to, the following: (a) The processing of applications for and the issuance of all Project Approvals requiring the exercise of judgment and deliberation by the CITY, including without limitation, the Subsequent Project Approvals; (b) The retention, upon the Developer's request, of outside plan cheek consultants, to be selected by CITY, in consultation with STROSCHER, to assist in. processing of applications and plans (including infrastructure and storm drain plans), at the Developer's cost; (c) The holding of any required public hearings; and (d) CITY performance of all required inspections called for by Developer within fifteen (15) business days following the request for inspection by Developer. 3.6.4 Changes.in the Project. In accordance with the City Municipal Code, CITY acknowledges that the Developer may in the future desire to change or modify the Project based on precise planning, changes in market demand for aggregate products, changes in development occurring in the vicinity of the Property, or other factors. All such Project revisions shall be subject to the provisions of Subsections 3.5.1, 3.5.2, 3.6.1, 3.6.2 and 3.6.3 of this Agreement. In such event, CITY shall cooperate with Developer to expeditiously review and take final action on such requested changes in accordance with the Existing Land Use Regulations. No change to the Project which is consistent with the Existing Land Use Regulations shall require an amendment to this Agreement and, in the event any change to the Project proposed by Developer is approved by the CITY, the references in this Agreement to the Project of applicable portion thereof shall be deemed to refer to the Project as so changed. 3.7 Development Impact Fees. Notwithstanding anything to the contrary in this Agreement, and subject to the provisions of Section 3.7.1, the only Development Impact Fees that may be applied to the Project, Developer or Property in connection with the Project shall be those existing on the Entry Date. Development Impact Fees shall be paid at the fee rate in effect at the -15- time when. payment for such fees is due and payable, for the portion of the Property to which such fees apply. 3.7.1 Applicability of Temporary Reductions in Development Impact Fees. On July 20, 2010, the City Council adopted Resolution No. 10-7-20-0 1, mandating a seventy-five percent (75%) reduction in sewer, traffic, and water Development Impact Fees for hotels and vehicle dealerships from the rate otherwise applicable for commercial/industrial uses (collectively, the "Decreased Impact Fees"). Notwithstanding the July 31, 2011 expiration date of Resolution No. 10- 07-20-017 the Project shall be subject to the Decreased Impact Fees, as long as the first building permit for construction of the hotel building is issued on or before the second (2nd) anniversary of the Effective Date. If the first building permit for construction of the hotel building is issued after the second (2"d) anniversary of the Effective Date and before.the third (3`d) anniversary of the Effective Date, then the Project shall qualify for a fifty percent (50%) reduction in sewer, traffic and water Development Impact Fees. If the first building permit for construction of the hotel building is issued after the third (3rd) anniversary of the Effective Date and before the fourth (4th) anniversary of the Effective Date, then. the Project shall qualify for a fifty percent (25%) reduction in sewer, traffic and water Development Impact Fees. No reduction. will be available after the fourth (0) anniversary of the Effective Date. Pursuant to Resolution No. 10-7-20-01, the Decreased Impact Fees shall apply to the hotel portion of the Project. Furthermore, the parties agree that if the expiration date of Resolution 10-7-20-01 is extended or a similar fee reduction program is established which provides lower fees than those stipulated to herein, the lower fee program shall apply. 3.7.2 Developer's Right to Contest Increases in Development Impact Fees. Nothing in this Agreement shall prevent Developer from contesting, in any appropriate forum, the imposition or the amount of any new Processing Fees or any increase in the Development Impact Fees. Such right of protest shall not extend to the current amount of any Development Impact Fees or Processing Fees in effect as of the Entry Date of this Agreement, and the Developer hereby agrees to pay the same pursuant to the terms of this Agreement and the CITY'S normal fee payment schedule. Notwithstanding any pending contest of such fees, CITY shall proceed with issuance of all required Project Approvals and shall not withhold or delay issuance of those Project Approvals based upon any pending protest or appeal with respect to such fee. 3.8 Amendment of Development Agreement. 3.8.1 Initiation of Amendment. Any Party may propose an amendment to this Agreement, and all Parties agree that it may be beneficial to enter into additional written agreements or modifications of this Agreement in connection with the Development of the separate components of the Development Plan. Notwithstanding any provision of this Agreement to the contrary, no amendment to the Development Plan or to any conditions of approval contained therein shall require an amendment of this Agreement. 3.8.2 Procedure. Except as set forth in Section 3.8.4 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. -16- 3.8.3 Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of all affected Parties. An amendment to this Agreement shall not be deemed to affect a portion of the Property if it does not alter, jeopardize; or impair the rights and does not increase the obligations of STROSCHER that owns said portion of the Property. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the affected Parties. 3.8.4 Operating Memoranda. The Parties acknowledge that refinements and further development of the Development Plan may demonstrate that changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain.a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are minor in nature and are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through operating memoranda mutually approved by the Parties, which, after execution, shall be attached hereto as addenda and become a part hereof and which may be further changed and amended from time to time. The City Manager shall have the authority, on behalf of CITY, to approve and execute such operating memoranda and STROSCHER shall have the authority, on behalf of STROSCHER, to approve and enter into such operating memoranda. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shah require prior notice or hearing. 3.9 future Amendments to Development Plan. Subject to the provisions of Sections 3.5 and 3.6 of this Agreement. The following rules apply to future amendments to the Development Plan: 3.9.1 STROSCHER's Written. Consent, Any Development Plan amendment to which STROSCHER does not agree in writing shall not apply to the Property while this Agreement is in effect. 3.9.2 Concurrent Develo ment A reement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.9.3 Effect of Amendment. Except as expressly set forth in the Development Plan amendment itself or this Agreement, a Development Plan amendment shall not alter, affect, impair, or otherwise impact the rights, duties, and obligations of the Parties set forth in this Agreement. 4. Miscellaneous Oblieations of the Parties. 4.1 STROSCHP,R's Obligations. 4.1.1 Project Conformance with CITY Policies and Its General Plan. The Project shall conform to CITY's goal to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, state-of-the-art development standards, and planning concepts. The traffic and circulation elements of the Development Plan will conform to CITY's General Plan. -17- 4.1..2 Dedication of Easement Interest for Parking Lot Air Space Parcel. As depicted in Exhibit "B", prior to approval of a final reap for the Property, STROSCHER shall dedicate to the CITY, an easement interest in the Parking Lot Air Space Parcel. If the CITY does not accept this dedication before this Agreement expires, then the CITY agrees that the Parking Lot Air Space Parcel will revert to STROSCHER. In no event shall dedication of the easement interest of the Parking Lot Air Space Parcel eliminate any of the Project's parking spaces, and future improvements in this air space shall not disrupt the Development or operation of the Project. 4.1.3 Water System Upgrade. Project Mitigation Measure MM 4.11.201.b and Project Condition of Approval No. 48 require STROSCHER to construct a loop system to run from a POC in the 350C system at the intersection of E1 Homo and the I-5 freeway ("El Homo Section") to a connection to the 350C system at the intersection of Ortega Highway amid Avenida Los Cerritos ("Ortega Section"). Compliance of these conditions may be resolved as follows: a. During the future reconstruction of the Ortega Bridge over the I-5, CITY has requested Caltrans to provide for the water interconnect required to create the Ortega Section loop. Should the El florno Section 'provide sufficient fire flow as determined by the fire marshall, STROSCHER shall not be required to construct the Ortega Section. Prior to the time the Ortega Section is to be constructed, STROSCHER and CITY ray reconsider STROSCHER's fair share for the cost of construction and/or the Parties may enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the Ortega Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section. b. STROSCHER shall construct the El Horno Section to provide sufficient fire flow to the Property as determined by the fire marshall. STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction should new development be proposed, which would benefit from the El Homo Section construction. The Parties may further enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the El Ilorno Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section. 4.2 CITY's Obligation 4.2.1 Undergrounding of Power Lines. Subject to exercising its legislative discretion, CITY shall consider the creation of a utility district ("Utility District") to fund the Undergrounding of Power Lines. Regardless of when the Utility District is formed, the Utility District shall be responsible for funding, designing, and constructing the Undergrounding of Power Lines. STROSCHER shall support creation of a Utility District, and agrees to have the Property subject to assessment, if such a district is formed by CITY. In such a situation, STROSCHER shall be deemed to have satisfied Project Condition of Approval No. 118. If formed, the Utility District shall consist of additional benefitted properties, in addition to the Property. If CITY has not created the Utility District, and not imposed the assessment on relevant properties in the area, including the Property, before issuance of the first (V) certificate of occupancy for the Project, CITY agrees that STROSCHER shall have no obligation to Underground the Power Tines, and STROSCHER shall not be required to comply with Project Condition of Approval No. 118. If CITY forms and funds the Utility District after the issuance of the first (1") certificate of occupancy, STROSCHER shall support creation of the Utility.District and agrees to have the Property subject to assessment, if such -18- district is formed by the CITY. If CITY or the Utility District elects to Underground the Power Lines, STROSCHER agrees to provide CITY or Utility District with a temporary construction easement, with the terms of such easement to be mutually agreed upon by the Parities, to allow the undergrounding of the lines to occur. 4.2.2 Reconstruction of Project Entryway. Subject to exercising its legislative discretion, CITY agrees to assist STROSCHER in its attempts to have Caltrans reconstruct the Project entryway, due to the future relocation and expansion of Ortega Highway. CITY's assistance to STROSCHER shall not include any financial assistance unless CITY, in its sole discretion, determines to provide financial assistance. 4.2.3 Reversion of Portions of the Ortega Highway Rights-of-Way. Subject to exercising of its legislative discretion, CITY agrees to undertake all reasonable good faith efforts to reconvey to STROSCHER the Excess Ortega Rights-of-Way. 5. Indemnification. Except to the extent of the gross negligence or willful misconduct of CITY and its agents, officers, contractors, attorneys, and employees (the "Indemnified Parties"), STROSCHER, and with respect to the portion of the Property transferred to them, the Development Transferee agree: to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that CITY is liable therefor as a direct or indirect result of CITY's approval of or performance under this Agreement. The duties of STROSCHER under this Section 5 are solely subject to and conditioned upon the Indemnified Parties' written request to STROSCHER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 5, the Parties hereto agree that this Section 5 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. 6. Relationship of Parties. The contractual relationship between CITY and STROSCHER is such that STROSCHER is an independent contractor and not an agent or employee of CITY. CITY and STROSCHER hereby renounce the existence of any form of joint venture or partnership between them., and agree that nothing contained in this Agreement or in any document executed in connection with the Property shall be construed as malting CITY and STROSCHER joint venturers or partners. 7. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the Parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each Party hereto. This provision shall not limit any Party's remedies as provided by Section 9. -19- S. Periodic Review of Compliance with Agreement. 8.1 Periodic Review. CITY and STROSCHER shall review this Agreement at least once every 12-.month period from the date this Agreement is executed, in. September or such other month as the CITY may notify STROSCHER. CITY shall notify STROSCHER in writing of the date for review at least thirty (30) days prior thereto. Such periodic review shall be conducted in accordance with Government Code Section 65865.1. 8.2 Good Faith Compliance. During each periodic review, STROSCHER shall be required to demonstrate good faith compliance with the terms of this Agreement. STROSCHER agrees to furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may require. If requested by STROSCHER, CITY agrees to provide to STROSCHER a certificate that STROSCHER or its Development Transferee is in compliance with the terms of this Agreement, provided STROSCHER reimburses CITY for all actual and direct costs and fees incurred by CITY with respect thereto. If CITY fails to undertake the annual review process specified in Section 8.1 of this Agreement, STROSCHER shall be deemed to be in full compliance with the Agreement, and the Agreement shall be deemed to be in full force and effect. 83 Failure to Conduct Annual Review. The failure of CITY to conduct the annual review shall not be a Default by STROSCHER, nor shall any such failure alter, suspend, or terminate any of the Parties' other rights and obligations hereunder. Aside from the provisions of Section 8.2 of this Agreement, STROSCHER shall not be entitled to any remedy for a failure by CITY to conduct this annual review. 8.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to STROSCHER. Within thirty (30) days following receipt of such notice, STROSCHER shall submit evidence to the City Council of STROSCHER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as is provided in Sections 8.1 and 8.2 and the Development Agreement Legislation for the annual review. The City Council shall initiate its review pursuant to this Section 8.4 only if it has probable cause to believe CITY's general health, safety, or welfare is at risk as a result of specific acts or failures to act by STROSCHER. 8.5 Administration of Agreement. Any final decision by the CITY's staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by STROSCHER to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) days after STROSCHER receives written notice that the staff decision. is final. The City Council. shall render, at a noticed public hearing, its decision to affirm, reverse, or modify the staff decision within thirty (30) days after the appeal is so filed. 8.6 Availability of Documents. If requested by STROSCHER, CITY agrees to provide to STROSCHER copies of any documents, reports, or other items reviewed, accumulated, or prepared by or for CITY in connection with any periodic compliance review by CITY, provided STROSCHER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. CITY shall respond to STROSCHER's request on or before ten (10) business days have elapsed from CITY's receipt of such request. -20- 9. Events of Default: Remedies and Termination. 9,1 Defaults by STROSCHER. If CITY determines on the basis of a preponderance of the evidence that STROSCHER has not complied in good faith with the terms and conditions of this Agreement, CITY may,. by written notice to STROSCHER, specify the manner in which STROSCHER has failed to so comply and state the steps STROSCHER must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from CITY specifying the manner in which STROSCHER has failed to so comply, STROSCHER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion., then. STROSCHER shall be deemed to be in default under the terms of this Agreement (a "Default"). In such event, CITY may terminate this Agreement pursuant to Government Code Section 65865.1 with respect to the Property, In material event of Default by STROSCHER, except as provided in Section 9.3, CITY's sole remedy for any breach of this Section. 9.1 shall be CITY's right to terminate this Agreement. 9.2 Defaults by CITY. If STROSCHER determines on the basis of a preponderance of the evidence that CITY has not complied in good faith with the terms and conditions of this Agreement, STROSCHER may, by written notice to CITY, specify the manner in which CITY has failed to so comply and state the steps CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from STROSCHER specifying the manner in which CITY has failed to so comply, CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default under the terms of this Agreement (a "Default"). In such event, STROSCHER's sole remedy is to terminate this Agreement with respect to the Property or pursue specific performance as set forth in Section 9.3. 9.3 Specific Performance Remedy. Due to the size, nature, and scope of the Development Plan, it will not be practical or possible to restore the Property to its pre-development condition once implementation of this Agreement has begun. After such implementation, STROSCHER may be foreclosed from other choices they may have had to utilize the Property and provide for other benefits. STROSCHER has invested significant time and resources and performed extensive planning and processing of the Development Plan and Development Plan Approval(s) in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development Plan and Development Plan Approval(s) in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate STROSCHER for such efforts. For the above reasons, CITY and STROSCHER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Agreement and that STROSCHER shall have the right to seek and obtain injunctive relief and specific performance as a remedy for any Default by CITY hereunder. CITY and STROSCHER further acknowledge that, if STROSCHER fails to carry out its obligations under this Agreement, CITY shall have the right to refuse to issue any permits or other approvals which STROSCHER otherwise would have been entitled to pursuant to this Agreement that are related to and depend upon STROSCHER's performance hereunder. Therefore, CITY's remedy of specific performance pursuant to Section 9.1, or else the remedy of terminating this Agreement as to the portion of the Property as to which a material breach of Section 9.1 exists shall be sufficient in most circumstances if STROSCHER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied in the future, and if -2 - STROSCHER.then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing STROSCHER to satisfy such condition. CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause STROSCHER to otherwise proceed with the Development of the Property in any manner. 9.4 Institution of Legal Action. Except to the extent a non-Defaulting Party's rights or remedies are limited by the express provisions set forth herein, STROSCHER or CITY may institute legal action to cure, correct, or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation. hereof, to recover damages for any Default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Orange County Superior Court. 9.5 Estoppel Certificates. Any Party or the holder or prospective holder of a mortgage or deed of trust secured by an interest in any portion of the Property (a "holder") may at any time during the Term of this Agreement deliver written notice to the other Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (i) The Agreement is in full force and effect and is a binding obligation of the Parties; (ii) This Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; (iii) No Default exists hereunder, nor would any Default exist with the passage of time or the giving of notice, or both, or, if a Default or failure does exist,'the nature thereof and the actions required to be taken by the non-performing Party to cure the Default or prevent the same from occurring; and. (iv) Any other matter affecting the status of the rights and obligations of the Parties hereunder as to which the requesting Party or the holder may inquire. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party or holder within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign. Estoppel Certificates on behalf of CITY. An Estoppel Certificate may be relied on by the holder and by Development Transferees. In the event that one Party requests an Estoppel Certificate from another Party of Parties, the requesting Party shall reimburse the other Party or Parties for all actual and direct costs and fees incurred by such Party or Parties with respect thereto. 10. Waivers and Delays. 10.1 No. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by another Party, and failure by a Party to exercise its rights upon a Default by another Party hereto, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party or Parties in the future for the same, similar, or any different Default. -22- 10.2 Third Parties, The Parties' respective performance obligations hereunder shall not be delayed or excused because of any act or failure to act by a third person, except as provided in Section 10.3, 10.3 Force Majeure. Notwithstanding any other provision set forth in this Agreement to the contrary, STROSCHER shall not be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond STROSCHER's control, STROSCHER's inability to obtain required permits or approvals from governmental agencies with jurisdiction over the applicable portions of the Property and the Project, government regulations (including, without limitation, local, state, and federal environmental and natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6), litigation, or any other causes that are without the fault and beyond the reasonable control of STROSCHER. 10.4 Extensions. In addition to qualifying for a possible extension of the Term of this Agreement, as provided in Section 2.3, the Term of this Agreement and the times for performance by STROSCHER or CITY of any of its obligations hereunder or pursuant to the Development Plan Approval(s) shall be extended by the period of time that any of the events described in Section 10.3 exist and/or prevent performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: (i) The period of time after the Effective Date during which litigation challenging the validity or enforceability of this Agreement or related to the Development Plan Approval(s) or having the actual effect of delaying implementation of the Development Plan is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending; and (ii) Any delay resulting from the acts or omissions of CITY or any other governmental agency or public utility and beyond the reasonable control of STROSCHER. 10.5 Notice of Delay. STROSCHER shall give notice to CITY of any delay which STROSCHER. believes to have occurred as a result of the occurrence of any of the events described in Section 10.3. For delays of six months or longer, this notice shall be given within a reasonable time after STROSCHER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or thirty days before the end of the Term., whichever comes first. 11. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested. Notices to CITY shall be addressed as follows: City of San Juan Capistrano 32400 Paseo Adelanto -23- San Juan Capistrano, CA 92675 Attention: City Manager with a copy to: Woodruff, Spradlin& Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Attention: Omar Sandoval, City Attorney Notices to STROSCHER shall be addressed as follows: Gretchen Stroscher Thomson Stroseher G3, LLC P.O. Box 129 San Juan Capistrano, CA 92693 Tom Merrell Civic Solutions, Inc. 27362 Calle Arroyo San Juan Capistrano, CA 92675 with a copy to: Allen Matkins Leek Gamble Mallory &Natsis LLP 1900 Main Street, 5'1' Floor Irvine, CA 92614 Attention: John Condas, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A Party may change its address for notices by giving notice in writing to the other Parties as required herein and thereafter notices shall be addressed and transmitted to the new address. CITY shall. additionally provide written notice of any Default by STROSCHER (including, as applicable, any Development Transferee) and any act or omission by STROSCHER (or such Development Transferee) that would constitute a Default with the passage of time or giving of notice or both, to the holder of any mortgage or deed of trust secured by all or any interest in the Property which (i) delivers a written notice to CITY requesting such notices and (ii)provides CITY with such holder's address(es) for notice purposes. 12. Attorneys' Fees. If legal action is brought by one Party against another Party for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution to the costs of the referee referred to in Section 9.4 above as an item of damage and/or recoverable costs. -24- 13. Recording. This Agreement and any amendment or cancellation Hereto shall be recorded against the Property at no cost to CITY, in the Official Records of Orange County by the City Clerk within the period required by Section 65868.5 of the Government Code. Notwithstanding the foregoing, in no event shall any failure or delay in recording this Agreement and any amendment to this Agreement limit or restrict the validity or enforceability of this Agreement. 1.4. Effect of Agreement on Title. 14.1 Effect on Title. The Parties agree that this Agreement shall not continue as an encumbrance against the Property once the Agreement has terminated. 14.2 Encumbrances and Lenders' Rights. The Parties hereby agree that this Agreement shall not prevent or limit STROSCHER (including without limitation any Development Transferee hereunder), at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust, sale and leaseback arrangement, or other security device. CITY acknowledges that the holder of any such security interest in all or any portion of the Property may require certain clarifications, interpretations, or modifications to this Agreement or the Development Plan and CITY agrees, upon request, from time to time, to meet with the applicable Party and/or representatives of any such holder to negotiate in good faith any such request for clarification, interpretation, or modification. CITY further agrees that it will not unreasonably withhold its consent to any such requested clarification or interpretation to the extent such clarification or interpretation is consistent with the intent and purpose of this Agreement. A Default under this Agreement shall not defeat,render invalid, diminish, or impair the lien of any such holder. The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and its or their successors and assigns, including without limitation the purchaser at a judicial or non-judicial foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure (collectively, a "holder") shall be entitled to receive a copy of any notice of Default (as defined in Section 9.1 hereof) delivered to STROSCHER as to whose portion of the Property such a Default exists and, as a pre-condition to the institution of legal proceedings or termination proceedings, CITY shall deliver to all. such holders written notification of any Default by STROSCHER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") and shall allow the holder(s) an opportunity to cure such Defaults as set forth herein, The Second Notice of Default shall specify in detail the alleged Default and the suggested means to cure it. After receipt of the Second Default Notice, each such holder shall have the right, at its sole option, within ninety (90) days to cure such Default or, if such Default cannot reasonably be cured within that ninety (90) day period, to commence to cure such Default, in which case no Default shall exist and CITY shall take no further action. Notwithstanding the foregoing, if such Default shall be a Default which can only be remedied by such holder obtaining possession of the applicable portion of the Property, and such holder seeks to obtain possession, such holder shall have until ninety (90) days after the date obtaining such possession to cure or, if such Default cannot reasonably be cured within such period, then to commence to cure such Default. Further, a holder shall not be required to cure any non-curable Default of STROSCHER, and any such Default shall be deemed cured if any lender obtains possession.. -25- 1.5. Severability of Terms. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for the affected Party or Parties. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by each Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 16. Subsequent Amendment to Authorizin Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Effective Date. Accordingly, to the extent that subsequent amendments to the Development Agreement Legislation would affect the provisions of this Agreement; such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date, 17. Rules of Construction and Miscellaneous Terms. 17.1 Interpretation and Governing Law. The language in all parts of this Agreement shall, in all eases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the internal laws of the State of California, with regard to convict of laws rules. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, CITY's police powers. In this regard, the Parties understand and agree that this Agreement is a current exercise of CITY's police powers and except as expressly provided for herein this Agreement shall not be deemed to prevent the future exercise by CITY of its lawful governmental powers over the Property. 17.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 17.3 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 17.4 Time of Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 17.5 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 17.6 Entire Agreement. This Agreement constitutes the entire agreement between and among the Parties with respect to the subject matter hereof, and this Agreement supersedes all previous negotiations, discussions, and agreements between and among the Parties with respect thereto. -26 1$. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and STROSCHER and their respective Development Transferees and shall not be construed to benefit or be enforceable by any third party, excepting only to the extent of the limited rights provided to the holders of security interests in all or a portion of the Property. 19. Cooperation in Event of Lellal Challenge. CITY agrees to cooperate with STROSCHER as may be needed in order to keep this Agreement in full force and effect during the entire Term. In. the event of any legal action instituted by a third party or other governmental entity or official challenging the validity or enforceability of any provision of this Agreement or any of the Development Plan Approval(s) (including without limitation any future Development Approvals after the same have been issued by CITY), the Parties hereby agree to cooperate in defending such action and, in this regard, CITY shall not allow its default to be taken in such legal action or otherwise compromise the legal action. without STROSCHER's prior_ written consent. In. the event of any such litigation, to the maximum extent permitted by law this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. Notwithstanding the foregoing, STROSCHER shall be responsible for all costs, including; but not limited to attorney's fees, costs, expert witness fees, and the like, incurred with respect to any such litigation. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below. Dated: , 2011 "CITY" CITY OF SAN,YUAN CAPISTRANO, a municipal corporation l B. i Name: 41-1671A 0 Title: Mayor ATTE T City�C1 rI A,,PP'ROVED AS TO FO ,. City Attorriey X Dated: ; 2011 "STROSCHER" -27 PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On July 28 2011 before me, Maria Morris, City Clerk, personally appeared Sara Allevato, Mayor, who proved to me on the basis of satisfactory evidence to the be person(s) whose name(s) is/are,subscribed to the within instrument and acknowledged to the that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/there signature on the instr-urnent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAT.) WITNE Shy hand and official seal. ( 1 Maria 4Qr.-ri's, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayor Development Agreement (Plaza Banderas Title Hotel and Mixed Use Project) City of San Juan Capistrano and Stroscher G3, LLC Signer is Representing Date of Document: July 5, 2011 City of San Juan Capistrano Number of Pages: 194 STROSCHLR G3, LLC, a California limited liability company By: Stroscher Capistrano, LLC, a Delaware limited liability company Its: SoAM .BStroscher Thomson, as Trustee of the Thomson Family Trust ti/d/t elated October 8, 1990 Its: Authorized Person -28- STATE OF CALIFORNIA j ) ss COUNTY OF ORANGE } .� On�.�:: -;�... � ' .� ( , before me, Rvttt CET a Notary Public, personally appeared GQ�� .I "7�t r C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal.. =PV� NOter c [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On , before me, a Notary Public,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under. PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public � � .......m_,_ .. [SEAL] EXHIBIT"A" LEGAL DESCRIPTION OF THE STROSCHER PROPERTY PARCEL DESCRIPTIONS PARCEL I: T14AT PORTION OF LOT 12 OF TRACT NO.103,IN THE COUNTY OF ORANGE,STATE OF CALIFOR- BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 12,NORTH 8'1.87 07"WEST 154. NIA,AS PER MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, 00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 12;THENCE SOUTH 84'27?07"EAST IN THE OFFICE OF TIM COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: 129,60 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 8'18?07 BEGINNING AT THE SOUTHWEST CORNER Of SAID LOT 12,THENCE NORTH 8'18?07'WEST 154.00 „EAST 155.00 FEET,MORE OR LESS,TO THE NORTHERLY LINE OF THAT CERTAIN 80.00 FOOT FEET ALONG THE WESTERLY LINE OF SAID LOT;THE CE SOUTH 84`27?07"EAST 129.00 FEET STRIP OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 28, PARALLEL WITH THE NORTHERLY LIME Of SAID LOT,THENCE SOUTH 8'18?07"EAST 155.00 FEET, 1940 IN BOOK 1049,PAGE 349,OFFICIAL RECORDS,BEING A CURVE CONCAVE NOR'T'HERLY MORE OR LESS,TO THE NORTHERLY LINE OF THAT CERTAIN 80.00 FOOT S1R.IP OF LAND CON- VEYED TU THY STATE Of CALIFORNIA BY DEB)RECORDED JUNE 28,1940 IN BOOK 1049,PAGE 349 AND HAVING A RADIUS OF 060.00 FEET.THENCE EASTERLY 11.40 FEET ALONG SAID CURVE OF OFFICIAL RECORDS,BEING A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 960.00 TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL I IN THE DEED TO THE FEET,THENCE WESTERLY ALONG SAID NORTHERLY LINE AND ALONG THE SOUTHERLY LINE OF STATE OF CALIFORNIA RECORDED NOVEMBER 21,1957 IN BOOK 4110,PAGE,520,OFFICIAL SAID LOT 12 TO THE POINT OF BEGINNING.APN:124-170-14 RECORDS;THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE TO THE SOUTH- WESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 OF SAID DEED RECORDED IN BOOK PARCEL 2: 4110,PAGE 520,OFFICIAL RECORDS;THENCE ALONG SAID SOUTHWESTERLY LINE,NORTH 58' THAT PORTION OF LOT 12 IN TRACT NO.$03,IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA, 28?05"WEST 174.39 FLET TO THE NORTH LINE OF SAID LOT 12:'THENCE ALONG SAID NOR'T'H AS PER MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS,IN LINE NORTH 84'27?07"WEST 435.25 FEET TO APOINT SOUTH 84`277 07"EAST 120.40 FEET THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: FROM TIME NORTHWEST CORNER OF SAID LOT 12;THENCE.AT RIGHT ANGLES SOUTH 5'32? BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 12,NORTH 8'IS?07"WEST,1.54,60 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 12;THENCE SOUTH 84'27?07"EAST 129.00 53"WEST 66.00 FEET;THENCE AT RIGHT ANGLES NORTH 8427?07"WEST 105.21,FET TO TIM FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;THENCE SOU'T'H 8'18?07"EAST WEST LINE OF SAID LOT 12;THENCE SOUTH&'18?07"EAST 86.41 FEET TO THP POINT OF 1.55.00 FEET,MORE OR LESS,TO THE NORTHERLY LINE Of THAT CERTAIN 80.00 FOOT STRIP OF BEGINNING. LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 28,1940 IN BOOK. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: 1.049,PAGE 349 OF OFFICIAL RECORDS,BEING ACURVE CONCAVE NORTHERLY AND HAVING A BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 12,NORTH 8'18?07"WEST 154. RADIUS OF 960,€1 FEET;THENCE EASTERLY 11.40 FEET ALONG SAID CURVE TO THE NORTHWEST- 0 6 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 12;THENCE SOUTH 84'277 07"EAST F.RIY LINE OF THE LAND DESCRIBED AS PARCEL 1,IN TIM DEED TO THE STATE OF CALIFORNIA 129.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;T11ENCE SOUTH 8'IS? RECORDED NOVEMBER 21,1957 IN BOOK 4110,PAGE 524 OF OFFICIAL RECORDS;THENCE NORTH 07"EAST 155.04 FEET,MORE OR LESS TO THE NORTHERLY LINE OF THAT CERTAIN 80.00 FOOT 73'027 13"EAST ALONG SAID NORTHWESTERLY LINE TO ALINE PARALLEL WITH AND EASTERLY 70.00 FEET,MEASURED AT RIGHTANGLES FROM THE LAST DESCRIBED LINE HAVING A HEARING STRIP OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED SL"NE 28. OF SOUTH 8'18?07"EAST;THENCE ALONG SAID PARALLEL LINE NORTH 8'18?07"WEST TO A 1940 IN BOOK 1049,PAGE 349,OFFICIAL RECORDS.BEING ACURVE CONCAVE NORTHERLY LINE PARALLEL WITH ARID NORTHERLY 70,00 FEET,MEASURED AT RIGHT ANGLES FROM THE AND HAVING A RADIUS OF 960.00 FEET;'T14ENCE EASTERLY 11.40 FEET ALONG SAID CURVE COURSE DESCRIBED ABOVE AS HEARING SOUTH 84'27?07"EAST 129.00 FEET;THENCE ORTH 84' TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1,IN THE DEED TO TIM 27?07"WEST ALONG SAID PARALLEL LINE TO THE WESTERLY LINE Of SAID LOT 12;THENCE STATE OF CALIFORNIA,RECORDED NOVEMBER 21,1957 IN BOOK 4110,PAGE 520,OFFICIAL SOUTH.9'187 07"EAST 72,10 FEET TO THE PONT OF BEGINNING. RECORDS;THENCE NORTH 73'02?13"EAST ALONG SAID NORTHWESTERLY LINE TO ALINE APN:124.170.12 PARALLEL WITH AND EASTERLY 70.90 FEET,MEASURED AT RIGTIT ANGLES FROM THE LAST DESCRIBED LINE HAVING A BEARING OF SOUTH 8'187 08"EAST;THENCE ALONG SAID PAR- PARCEL 3; ALLEL LINE NORTH 8'18?07"EAST 129.00 FEET,THENCE NORTH 84'27?07"WEST ALONG THAT PORTION OF LOT 12 OF TRACT NO,103,IN THE CITY OF SAN JUAN CAPISTRANO.AS SHOWN SAID PARALLEL LINE TO THE WESTERLY LINE OF SAID LOT 12;THENCE SOUTH 8'18?07" ON A MAP THEREOF RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE,MISCELLANEOUS MAPS, EAST 72.10 FEET TO THE POINT OF BEGINNING. RECORDS OF SAID ORANGE COUNTY,DESCRIBED AS FOLLOWS: APN;124-170.15 and 124-170-16 T spRING .. Flo h �" 40* ?ra s:ec i a aPlrFC xrxase Frvsa --. ..... 3 ... PARCEL 2.� PARES. 3" �f �.� 0.56 AC„ 3EL 1K y 'M' g7 arz. "'"" 'ane "—"c,,�3y 6�v[+ � "1 an '�`�.7.5•a .,_ --°'�(,, ,, . aarAF1n�T_.,e''� '�ec'lrs; V=. :6RTEGA1'IWY -.- -77 �s� 1 EXHIBIT"A" EXHIBIT "B" DEPICTION AND LEGAL DESCRIPTION Or PARKING LOT AIR SPACE PARCEL ._. . , f 4ti a Parking Lot - 1r Space Parcel LEGAL DESCRIPTION THAT PORTION OF LOT 12 OF TRACT NO. 103,IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFOR- NIA,AS SHOWN ON A MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE,OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.70 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 48.11 FEET;THENCE SOUTH 69°45'38"WEST ALONG A LINE PARALLEL WITH AND DISTANT NORTHERLY 40.00 FEET,MEASURED AT RIGHT ANGLES,FROM THE CENTER LINE OF ORTEGA HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF CALIFOR- NIA RECORDED IN BOOK 1049 AT PAGE 349 OF OFFICIAL RECORDS,A DISTANCE OF 155.16 FEET;THENCE NORTH 20.37'55"WEST, A DISTANCE OF 63.31 FEET TO A POINT OF NON TANGENCY WITH A CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 442.00 FEET;THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 4°48'57",A DISTANCE OF 37.15 FEET;THENCE NORTH 62058`27"EAST,A DISTANCE OF 53.96 FEET,THENCE NORTH 65°40'50"WEST,A DISTANCE OF 69.32 FEET;THENCE NORTH 84°26'57"WEST,A DISTANCE OF 11.82 FEET;THENCE NORTH 11°15'29"EAST,A DISTANCE OF 65.32 FEET,SAID POINT LYING ON THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 58027'57"EAST,A DISTANCE OF 174.39 FEET TO THE TRUE POINT OF BEGINNING. . EXHIBIT"C" DEPICTION AND LEGAL DESCRIPTIONS OF EXCESS ORTEGA RIGHTS-OF-WAY 1967 OR 8171-88 m mgraa SP+5fN C, ST }. � 175-tl'J" "'.""",—..._ --.. ..,,, e,.,�.y'2p,g)•�. m a/5'V NO I� iR £o.2'p w/TAs eq SO K, fps ra-s/ �c N*5" ray '¢ ?1,�' 5lls'16'51'['•,..-••_,�r.rN4YG6'FS"w tr.W '� PA�,CEL 2 �. PARCEL 3 0.56 AC. 2,09 AC, rfl.l-i,PalTA, act sears a"os' G,a �� � se51'�r•a eaa:a�''„_--_l � 5as•aw'rs'e ca® PARCEL 1 & 3 1 0.45 AC a.ax a-agQs' h 4s ass a ' sus:$ y � �� ria ftE1ERFx�C Fp,Fk tY TAG 5.4i'sF'2)`£•.._..._•, .._.-..—._ _._ ---��.• ry-29'S S8i TRC G'L�+AF+S LEGAL DESCRIPTION THAT PORTION OF LOT 12 OF TRACT NO. 103,IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFOR- NIA,AS SHOWN ON A MAP RECORDED IN BOOK I1,PAGES 29 TO 33 INCLUSIVE,OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.70 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERL Y LINE OF SAID LOT 12 A DISTANCE OF 48.11 FEET;THENCE.SOUTH 69°45'38"WEST ALONG A LINE PARALLEL WITH AND DISTANT NORTHERLY 40.00 FEET,MEASURED AT RIGHT ANGLES,FROM THE CENTER LINE OF ORTEGA HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 1049 AT PAGE 349 OF OFFICIAL RECORDS,A DISTANCE OF 177,30 FEET TO A POINT OF TANGENCY WITH A CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 960.00 FEET; THENCE WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 21-2 1'48",A DISTANCE OF 357.95 FEET;THENCE NORTH 73°01'58"EAST,A DISTANCE OF 119.12 FEET TO A POINT OF NON TANGENCY WITH A CURVE,CONCAVE NORTHERLY HAVING A RADIUS OF 729.69 FEET,THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF I1.18'25",A DIS- TANCE OF 144.00 FEET;THENCE NORTH 69°45'38"EAST,A DISTANCE OF 282.05 FEET TO THE TRUE POINT OF BEGINNING, EXHIBIT"C" EXHIBIT "D" NARRATIVE DESCRIPTION OF THE PROJECT The Project consists of a three-story, 76,363 square feet, 124-room hotel, on approximately 2 acres; a 10, 169 square foot. two story office/retail building consisting of 6,467 square feet of retail on the first floor and 3,702 square feet of private office and balcony aea on the second floor and 116,095 square foot restau- rant. The Project provides190 parking spaces to serve all uses on the 3.18 acre site. Access to the Project will be from one right turn in and out only driveway on Ortega Highway, one full access driveway on EI Camino Real and one full access driveway at the easterly terminus of Spring Street. Upon the ultimate realignment of Ortega Highway as part of the freeway interchange reconstruction project by CalTrans, the access onto Ortega Highway will be extended as shown on the plans approved by the City of San Juan Capistrano. The Project site and landscape plan is shown in the exhibit below. {g } r ry 0) \� .. a.. EXHIBIT "D" Exhibit "E" CITY COUNCIL RESOLUTION NO. 10-10-05-05 AND ORDINANCE NO. 974 EXHIBIT "E" RESOLUTION NO. 10-10-05-05 A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT AND APPROVING THE ASSOCIATED ENTITLEMENTS, GENERAL PLAN AMENDMENT(GPA) 10-001,ARCHITECTURAL CONTROL (AC) 10-002, GRADING PLAN MODIFICATION (GPM) 10-001, TREE REMOVAL PERMIT (TRP) 10-003, FLOODPLAIN LAND USE PERMIT(FP) 10-001 AND TENTATIVE PARCEL MAP (TPM) 10-001 ON A 3.18 ACRE PROPERTY LOCATED AT 26871 & 26801 ORTEGA HIGHWAY AND GENERALLY LOCATED AT THE NORTHEAST CORNER OF;�ORTEGA HIGHWAY AND EL CAMINO REAL (ASSESSORS PARCEL NUMBERS: 124 -170 -12,14,15&16)(PLAZA BANDERAS HOTEL) , Whereas, Stroscher G3, Gretchen Stroscher Thomson ha s requested approval of a planning applications for a mixed-use development on the 3,18 acres located at 26871 &26891 Ortega Highway and generally located at the northeast corner of Ortega Highway and El Camino Real and comprising of a 74,973 square foot, 124-room hotel, approximately 14,500 square feet of commercial land uses including 6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private office; and, Whereas, the General Plan Land Use Element designates the property as 3.1 General Commercial (GC) and is amended to Planned Community (PC) in order to increase development rights to accommodate a Mixed Use Retail/Hotel project and to establish a Comprehensive Development Plan (CDP); and, Whereas, on April 20, 2010, the City Council adopted Resolution 10-04-20- 03 initiating the General Plan Amendment (GPA) study process with respect to the Plaza Banderas Hotel project to study the proposed General Plan Amendments to the Land Use Element's land use designation; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code, and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines= has reviewed all comments and has prepared responses to comments pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality l 10-05-2010 Act (197.0); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP); and, Whereas, the Planning Commission conducted a work session on March 23, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and project team and to consider public testimony on the proposed project; and, Whereas, the Design Review Committee held a work session on April 10, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and the project team; and, Whereas,the Planning Commission conducted a work session on August 10, 2010 to review the project details and Draft EIR and provided comments and design recommendations to the applicant and project team and requested further review by the City's DRC and to consider public testimony on the proposed project; and, Whereas, the Transportation Commission conducted a public meeting on August 11, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures to consider the proposed project and Draft EIR and to consider public testimony on the proposed project; and, Whereas,the Design Review Committee held a work session on August 19, 2:010 to review the project details and provided comments and design recommendations; and, Whereas,the Cultural Heritage Commission held a public meeting on August 24, 2010 to review the project details and provided comments and design recommendations; and, Whereas,the Design Review Committee held a work session on September 2, 2010 to review conditions of approval 60, 61, and 62, and review findings for the Architectural Control application; and Whereas,the Planning Commission conducted duly-noticed public hearings on August 24, 2010 and September 14, 2010 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, the City Council conducted a duly-noticed public hearing on October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider pudic testimony on the proposed project zoning entitlements, has considered all relevant public comments; and, 2 10-05-20I0 Whereas, the City Council conducted a duly-noticed public hearing on October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to certify the Environmental Impact Report pursuant to Section 15074 of the California Environmental Quality Act. NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Draft Environmental Impact Report (EIR) for the proposed project: 1. The Draft Environmental Impact Report(EIR) has been prepared pursuantto and in compliance with Section 15481 of the California Environmental Quality Act(CEQA) Guidelines and addresses all potentially significant, adverse environmental impacts of the proposed project; and, 2. The City issued a Notice of Preparation pursuant to and full compliance with Section 15082 of the CEQA Guidelines and has addressed all CEQA-relevant issues raised as part of the Notice of Preparation (NOP) scoping process, and the Draft Environmental Impact Report(EIR) has been prepared pursuant to Section 15084 of those Guidelines; and, 3. The City conducted a public scoping meeting on the content of the Draft Environmental Impact Report(EIR)on June 10, 2010 pursuant to Section 15082(c) of the CEQA Guidelines and has addressed all CEQA-relevant issues raised during the public scoping meeting; and, 4. The City issued a Notice of Completion pursuant to Section 15085 of those Guidelines and provided a 45-day public review period and provided the requisite documents to the State Clearinghouse (SCH) for distribution to affected and/or interested State agencies for review and comment pursuant to Section 15087 of the California Environmental Quality Act (CEQA) Guidelines; and, 5. The City has reviewed all public agency and private party CEQA-related comments and prepared Response to Comments pursuant to and in full compliance with Section 15088 of the California Environmental Quality Act(CEQA) Guidelines, and has otherwise complied with all applicable previsions of the California Environmental Quality Act; and, 6. The City has identified, analyzed and disclosed all potentially significant, adverse impacts of the project, identified appropriate and feasible mitigation measures to reduce impacts to a level of insignificance, and all mitigation measures have been included in a Mitigation Monitoring Reporting Program prepared pursuant to and in full compliance with the California Environmental Quality Act (CEQA) Guidelines; and, 3 10-05-2410 7. The City has prepared detailed Findings of Fact with respect to compliance with the California Environmental Quality Act (CEQA), and those findings fully support certification of the Final Environmental Impact Report (EIR). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the General Plan Amendment(GPA) for the proposed project: 1. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Land Use Element because the proposed amendments to the land use designations would further the achievement of and be consistent with the following General Plan goals and policies.- Consistent olicies.Consistent with Land Use Goal 1 as follows,the proposed project would develop more diverse commercial and residential land uses that would contribute to a more balanced land use pattern and generate sufficient revenues to support needed public services Land Use Goal 1:Develop a balanced land use pattern to ensure that revenue generation matches the City's responsibility for provision and maintenance of public services and facilities. Consistent with Policy 1.1 as follows,the project would allow the development of commercial uses, restaurants, hotel, and commercial office use that would provide a balance or surplus of public revenues to support necessary public services. Policy 1.1: Encourage a land use composition in San Juan Capistrano that ;provides a balance or surplus between the generation of public revenues and the cost of providing public facilities and services. Policy 1.2: Encourage commercial, to urist-oriented, and industrial development that is compatible with existing land uses within the City to improve the generation of sales tax, property tax, and hotel occupancy tax. Consistent with Land Use Goal 2 as follows, the proposed project would direct proposed development within the downtown to maintain the village---like character. Land Use Gaal 2: Control and direct future growth within the City to preserve the rural village-like character of the community. Consistent with Policy 2.2 as follows, the proposed project would be designed in a manner that is consistent and compatible with the existing character of the City through providing elevations and mass distribution on the proposed site, limiting 4 10-05-21310 the height of the commercial/retail buildings and providing architectural that is balanced with existing downtown architecture. Policy 2.2:Assure that new development is consistent and compatible with the existing character of the City. Consistent with Policy 2.3 as fellows, the proposed project would be required to construct certain infrastructure for water, recycled water, storm drainage, and sanitary seiner. Policy 2.3: Ensure that development corresponds to the provision of public facilities and services. Consistent with Land Use Goal 5 as follows, the proposed project would provide commercial development which serves community needs and is located in the existing central business district. Policy 5.1: Encourage the location and retention of businesses within the downtown Mission District. 2. The proposed project will be consistent with the goals, policies, and recommendations of the Circulation Element because the Draft Environmental Impact Report (EIR) traffic analysis specifically evaluated the proposed project which is considered an infill-project with existing street access to Ortega Highway, El Camino Real and Spring Street. The project does not propose to alter or modify the existing street system in orderto construct the proposed improvements. The project entry access driveway at Ortega Highway is not anticipated to significantly impact the Ortega Highwayllnterstate 5 off ramps. The Draft Environmental Impact Report (EIR) traffic analysis states that "Based on the ICU Method of Analysis and LOS criteria defined Section 4.2.2 (Significance Criteria), all of the signalized intersections currently operate at an acceptable LOS doting bath a.m. and p.m. peak hours of a `typical"weekday. Although two intersections currently operate at LOS E (i.e., 1-5 IVB Ramps/Ortega Highway and 1-5 SB Ramps/Ortega Highway), this intersection is designated as a "Traffic Operation Hot Spot"intersection in the Circulation.Element of the San Juan Capistrano General Plan. The acceptable level of service for PHot Spot"intersections is LOS E;all other intersections must operate at LOS D or better. 3. The proposed project will be consistent with the goals, policies, and recommendations of the General Plan Cultural Resources Element because it establishes Policy 1.1, which provides that the City will "Balance the benefits of development with the project's potential impacts to existing cultural resources". The most significant land use in the vicinity of the site is Mission San Juan Capistrano, which is located west of EI Camino Real. The Mission is listed in the National Register of Historic Places (NRNP) and on the California Register of historical Resources. The City of San Juan Capistrano also recognizes the historic importance S 10-05-2010 of Mission San Juan Capistrano and lists it as its first landmark on the City's Inventory of Historic and Cultural Landmarks(IHCL). Mission San Juan Capistrano represents not only an important cultural resource within the City but also is one of the most visually and aesthetically important and prominent features in San Juan Capistrano. In addition,the City lists Suring Street(from EI Camino Real to its easterly terminus at the 1-5 Freeway) and El Camino Real on its IHCL, they are designated as "City Historic Streets." A single-family residence is located at the southeastern comer of EI Camino Real and Spring Street (Stroschein House). This residence, which was constructed in 1927, is listed on the IHCL and was also listed in the NRHP in 2009.. Furthermore, the proposed project is designed to provide appropriate setbacks from the above mentioned historic and cultural resources to limit the potential for significant impacts. The hotel building is strategically designed on the site plan to avoid view impacts to the Mission from adjacent view sheds. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby matte the following findings with respect to Tentative Parcel Maps (TPM) for the proposed project: 1. The proposed Tentative Tract Maps are consistent with the General Plan and comprehensive development plan because the proposed amendments to the General Pian are consistent with specific goals and policies of the General Plan and because the Draft Comprehensive Development Plan for the Plaza Banderas project has been designed consistent with the General Plan. Also, the proposed development plans are consistent with the General Plan and with the Comprehensive Development Plan the proposed project and would further several important goals and policies of the General Plan Land Use Element and Cultural Resources Element. 2. The design or improvement of the proposed subdivision maps is consistent with the General Plan and comprehensive development plan because the proposed development plans have been designed consistent with the proposed amendments to the General Plan and the draft Comprehensive Development Plan, the proposed subdivision design will be consistent with those policy and regulatory documents 3. The site is physically suitable for the type of proposed development because the proposed project includes a rezone of the subject property from GC (General Commercial) District to PC (Planned Community) in order to accommodate the proposed project and more specifically,to allow a three-story hotel with a maximum height of approximately 43 feet 6 inches and to allow the hotel, retailloffice, and restaurant project to be developed with a floor area ratio(FAR)of 0.66, because the property was previously developed and used for lodging uses, because the property is situated with the Historic Town Center of the City and the General Plan recommends the development of a hotel within the planning area, because the project site directly fronts a major arterial street(State Route-74 Ortega Highway), and because the project site is situated with convenient access to Interstate-5;and, 6 I QTS-201 A Comprehensive Development Plan (CDP) has been prepared for the proposed project in accordance with the Planned Community District regulations outlined in Section 9-3.315 of the San Juan Capistrano (Municipal Code. The purpose and intent of the CDP is to provide for a diversity of uses, site-specific development standards and building relationships to achieve a coordinated and well-planned development project that complies with the goals and objectives of the General Plan. In addition, the CDP prescribes proper land use regulations, identifies permitted and conditionally permitted uses to ensure that they are regulated in a manner that will result in a high quality planned community that is compatible with and complements the existing historic uses in the historic downtown area. The development standards established in the CDP are intended to address the unique characteristics of the project site as wetl as consistency and compatibility,with existing land uses. 4. The site is physically suitable for the proposed density of development which proposes a floor area ratio (FAR) of 0.66 because the proposed Comprehensive Development Plan would establish requirements for building forms and architecture, open areas, setbacks and parking consistent with the goals and policies of the General Plan Land Use Element and Community Design Element and the City's Architectural Design Guidelines to assure that the proposed project is developed so as to be compatible with the character of development in the Historic Town Center planning area. 5. The design of the subdivisions and their proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the Draft Environmental Impact Report (EIR) includes an assessment of the project's potentially significant biological resource impacts and concludes the project's impacts to such resources would be sufficiently mitigated through the City standard conditions. 6. The design of the subdivisions or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the design of the proposed subdivision would not conflict with any public easements. The project does propose necessary public street right-of-way dedication where applicable to accommodate necessary street improvements consistent with the General Plan Circulation Element. NOW,, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Architectural Control (AC) for the proposed project: 1 e The proposed use and design of the project will comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and Comprehensive Development Plan because the Comprehensive Development Plan has been prepared consistent with the proposed development plans for the project 7 10-05-2010 including the site and architectural plans ,and should the City Council ultimately determine that the proposed land use and development standards proposed within the Draft CDP are appropriate and acceptable,the proposed use and design of the project will be consistent with those use and development standards. 2. The proposed use and design of the project will be consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the goals and policies of the General Plan Community Design Element are substantially implemented through the City's adopted Architectural Design Guidelines and the conditions of approval provide for further Design Review Committee and Planning Commission review of the project preliminary design plans and final construction plans to assure for consistency with these guidelines. Furthermore, the draft CDP contains "Design Standards" that are intended to provide further guidance to ensure that high quality architectural design is integrated into the proposed development plans. Finally, the project will be consistent with the policies and objectives of the Community Design Element to the extent the project is consistent with the following policies under the Community Design Coal 1: Policy 1.2: "Encourage high-quality and human scale design in development to maintain the character of the City,"and, Policy 2.1: "Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping" 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 because the 3.18-acre"Plaza Panderas Hotel"site has been designed to accommodate the proposed project building elements. Development standards established in the Draft Comprehensive Development Plan,will address building setbacks, building heights, open areas, massing, landscaping, parking and site access. 4. The character, scale and duality of the architecture, site design and landscaping will be consistent with the adopted Architectural Design Guidelines of the City because the project's architectural design will be substantially consistent with the City's Architectural Design Guidelines and relies on the use of varied roof lines, varied building massing, courtyards, colonnades, varied color palettes and materials and an acute understanding of the design elements of Spanish Colonial Revival style architecture subject to further review of the proposed preliminary design plans by the Design Review Committee and Planning Commission as provided by the conditions of approval. The site plan and building architecture will essentially create a development plan that effectively manages the mass and bulk of proposed buildings. The proposed restaurant building is located along El Camino Real and provides a varied building mass with an arched colonnade that is located adjacent to a pedestrian plaza that provides access to the retail/office building with varied roof heights and architectural design details. $ 10-05-20110 The project design provides varied setbacks with second story building masses setback to reduce the visual mass. Balconies, dormers, eaves and similar architectural features have been incorporated to create visual interest and while the project design is intended to convey a sense of"richness of detail", the preliminary design plans and the design details will be subject to further review and approval by the Design Review Committee and Planning Commission should City Council approve the project. The building elevation designs and the proposed materials and colors indicate that the proposed project will use earthtone colors and suitable building materials consistent with the architectural design. The proposed buildings will include integrated tower elements and architectural projections that add visual interest to the building rooflines and roof-mounted equipment will be screened at least partially from off-site views. The project includes conceptual landscape plans with a reference to the"Nifty Fifty"' landscape palette that incorporates a California nature plant selection and relies on a combination of formal and natural plant groupings to accent entrances, visually buffer building massing and retaining wails, screen parking, and enhance courtyards and public spaces. Additional follow-up review will be required by the Design Review Committee to assure that the preliminary landscape design plans are substantially consistent with City-approved landscape concept. Furthermore, the project will be consistent with the adopted Architectural Design Guidelines because the following design principles will be met by the proposed project subject to further Design Review Committee and Planning Commission review and approval: Design-issue/Principal 1: Human Scale.The proposed project has a well-balanced pedestrian orientation and Duman scale. The project provides architectural features such as balconies, arches,window awnings and varied roof planes that provide for architectural articulation that break-up the building mass. The pedestrian circulation experience is enhanced with the plaza area that is located at the southwest corner of the site, enhanced paving throughout the pedestrian corridors of the site and landscaping along the interior Paseo and perimeter of the project. Design Issue/ Principle 2: Eclectic Building Styles, The applicant proposes a Spanish Colonial Revival style theme, which incorporates architectural elements that will allow the proposed development to architecturally exist amongst the adjacent buildings that are located within the downtown area. Design Issue/ Principal 5: Heritage and Tradition. The proposed design of the buildings is reflected in the history and tradition of San Juan Capistrano. The buildings contain arched and overhead balconies with heavy timber support columns that are reminiscent of the "western-type" architecture. The proposed 9 10-05-2010 landscaping design provides a tree palette found locally and in the vicinity of the Mission. The applicant has not submitted a Historical Depiction Program (HDP)at this time.Asp art of Planning Commission's review,staff will condition the project to provide a HDP per City Council Policy 606. Desion Issue/Principle 6: richness of Details and Materials. The applicant proposes to.incorporate earth-torte calors to enhance the architectural details of the project. The stucco finish and other details associated with the architecture will be required as a condition of approval. The applicant also proposes to install landscaping along the perimeter of all buildings, and along the interior paseo between the hotel and the retail buildings, and integrated with enhanced paving which will enhance the overall pedestrian experience which is consistent with the Architectural Design Guidelines, which state that, "Unarticulated and stolid gall surfaces degrade the quality of the pedestrian experience, Buildings facing pedestrian streets and plazas should incorporate design features that provide visual interest at the street and plaza levels." The outdoor plaza will provide visual interest with a fountain and mature trees; and will complement the existing pedestrian experience. Design Issue/ Principle 8. Linkages and Connections. The proposed pedestrian circulation design allows for hotel users to access the retail and restaurant building via a paseo and with a connection to the plaza area, which will provide a place for sitting, congregating and waiting. The plaza will include a fountain, enhanced paving, landscaping and seating and will provide an inviting outdoor social experience for visitors and pedestrians that travel to and from the downtown area. 5, The site plan will provide functional and safe vehicular, bicycle and pedestrian access and circulation because the proposed site development concept provides a continuous access drive through the parking lot with entrances from Ortega Highway, Spring Street, and El Camino Real with a total of four (4) access driveways. Pedestrian access to the Hotel building from the parking lot will also provided via a sidewalk at the east section of the parking lot. All surface parking will be designed to include landscaping to visually buffer views from the adjoining streets. Pedestrian linkages through the plaza into the project site are proposed to include landscape area. 6. The proposed use and design of the project will be 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 project design relies on the use of varied roof lines, varied building massing, courtyards, colonnades, varied color palettes and materials consistent with the design elements of Spanish Colonial revival style architecture and will be architecturally compatible with similarly designed buildings within the downtown area subject to further review of the preliminary design plans by the Design Review Committee (DRC) and Planning Commission. t 4 10-05-2010 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Grading Plan Modification (GPM) for the proposed project: 1. The proposed grading modifications are consistent with the General Plan, Lanni Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the site is relatively flat along the east portion, adjacent to Horno Creek, but has a higher elevation at the west portion of the site. The grading plan reveals that approximately 201,000 cubic yards of earth will be imported in order to raise the site.above the 900-year flood plain of Horno Creek, resulting in an elevated site with approximately 2 feet to 8 feet with an average of 4 feet of imported soil. The grading concept proposes to drain the project to the east. The Draft EIR aesthetic section includes view simulations that provide an assessment of the visual impacts. Building massing, placement and design along with proposed landscaping should substantial mitigate the effect of earth importation. 2. The proposed project seeks to establish a new grading design concept for the site which has historically been a flat site without a prior approved grading project. 3. The proposed grading will remain consistent and compatible with immediately- adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading concept includes a limited amount of cut and approximately 201,000 cubic yards of imported earth. The site will be graded to match the existing grade elevations at the four proposed entry driveways located at Ortega Highway, El Camino Real and Spring Street. The use of retaining walls is not proposed along the street elevations and elevations are designed to be consistent and compatible with the immediately- adjacent lots and streets. Consequently, the visual impact of the proposed project would be limited and localized and the proposed grading concept for the project site sufficiently harmonizes proposed grades with natural contours. 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 are consistent because the site plans for the "Plaza Banderas Hotel" site have been designed to provide sufficient setbacks and to meet the requirements of Section 9-4.313 of the Title 9, Land Use Code. 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 11 10-05-2010 easements, or other aspects of development because the Draft Environmental Impact Report(EIR)evaluates potentially significant impacts of the proposed project design. As designed, the proposed preliminary grading plan would not adversely impact the hydrology, water quality, views, etc. of other properties because proposed mitigation measures sufficiently address water quality and aesthetic/view impacts. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Floodplain Land Use Permit (FP) for the proposed project: 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 because the easterly portion of the subject property is located within the limits of the Horno Creek 100-year floodplain as delineated by FEMA. As a result, the proposed-project must be designed to ensure that the proposed structures are located above the limits of the 100-year flood elevation. The applicant has submitted and received acceptance of the on-site Conditional Letter of Map Revision — Fill (CLOMR-Fill), which demonstrates that the lowest adjacent elevation to any proposed building is at or above the 100-year water surface elevation in the area. The Conceptual Grading Plan reveals that the project has been design to drain to the east. The Plaza (i.e., has a water surface elevation of 118.2 feet amsl and the Hotel has a water surface elevation of 117.7 feet amsl. The lowest adjacent elevations exceed the water surface elevations. All of the proposed structures are located outside the limits of the 100-year flood plain/inundation area. Therefore, project implementation will not result in potentially significant flooding impacts caused by flooding along Horno Creep. Once the project is constructed, an "as-built plan" will be submitted to FEMA in order to receive the final LOMR-F, which will remove the buildings from the flood plain. No mitigation measures are required. 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 proposed project does not propose flood elevation alterations to Horno Creek or to adjacent properties and would therefore not impact other properties not previously inundated by the 100- year storm event. 3. Development and use of the property as proposed are consistent with General Plan policies regarding flood control, public safety, aesthetics, and resource protection because as previously disused, project implementation will not result in potentially significant flooding impacts caused by flooding along Horno Creek. Once the project is constructed, an "as-built plan" will be submitted to FEMA in order to receive the final LOMR-F, which will remove the buildings from the flood plain. 12 10-€15-2010 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 because as discussed in the previous sections, the use and development of the proposed project in conjunction with the proposed mitigation measures, determine that the proposed use and development of the property are consistent with all other applicable requirements of the agencies listed above, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Tree Removal Permit (TRP) for the proposed project: 1. The tree proposed for removal is unsuitable to the planting area in that the area is too small to accommodate the 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 and furthermore because according to the "Existing Tree Inventory" report prepared by Land Concern,the existing development site contains approximately 79 trees of which 28 are Citrus trees which are believed to be planted around 1920. The report and the survey exhibit indicate that the site contains Citrus, Loquat, Camphor, Mexican Fan Palms, Queen Palms, English walnut, Liquidambar, Eucalyptus and California Pepper trees. The proposed project proposes to remove all trees and vegetation in order to grade the site for compliance with the FEMA floodplain elevation requirements. The project proposes to replant with California Native/f=riendly trees that are based on the "Nifty Fifty„ plant and tree selection list. 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 because as indicated previously, the survey indicates that nonnative trees exist on the site and will be removed and replanted with California Native/Friendly tree varieties that are in keeping with the community character of San Juan Capistrano 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 because the removal of the trees will allow for wider and/or uninterrupted views of the hillsides to the east,west, and north when viewed from Del Obispo and Ortega Highway and the downtown area. The project proposes to replant with California NativelFriendly tree varieties that are in keeping with the community character of San Juan Capistrano. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area because as indicated previously, the project proposes to replant with 13 10-05-2010 California dative/Friendly tree varieties that are in (seeping with the community character of San Juan Capistrano. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby certifies the Draft Environmental Impact Report(EIR)subject to the Findings of Fact as provided by Exhibit A, Statement of Overriding Considerations as provided by Exhibit 13, and.Mitigation Monitoring Reporting Program (MMRP) as provided by Exhibit C; and, NOW, THEREFORE,BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the General Plan Amendment (GPA) amending the land use designation of the 3.18 acre project site frgrn "3.1 General Commercial" to "PC" (Planned Community) as provided by Exhibit D, and adopting the Plaza Banderas Hotel Comprehensive Development Plan for the proposed project; and, NOW,THEREFORE,BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves the Rezone(RZ), Tentative Parcel Map (TPM), Architectural Control (AC), Tree Removal Permit (TRP), Floodplain Land Use Permit (FP) and Grading Plan Modification (GPM)for the proposed project subject to the conditions of approval as provided by Exhibit E, attached hereto and incorporated herein. PASSED,APPROVED. ND ADOPT this 5th day of October,2010, by the following vote, to wit: r DR. LONDRES USO, MR ATS ES1Irf 1" MART R IS, Cl LERK 14 10-05-2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss' CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-10-05-05 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof,held the 5#h day of October 2010, by the following vote: AYES::` CO NCIL MEMBERS: Allevatc, Hribar, Nielsen, Freese and Mayor Uso NOES. 0 NCIL MEMBER: None ABSENT: qUNCIL MEMBER: None i MA t O RI , Cit I 15 1€1-05-2010 STATEMENT OF FINDINGS AND FACTS, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROPOSED PLAZA RANDERAS HOTEL, PROJECT SAN JUAN CAPIST"RANO, CA HAVING RECEIVED, REVIEWED, AND CONSIDERED THE FOLLOWING INFORMATION AS WELL AS ALL OTHER INFORMATION IN THE RECORD OF PROCEEDINGS ON THIS MATTER, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS: I. INTRODUCTION ; The California Environmental Quality Act ("CEQA"), Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that: (a) No public agency shall approve or carry out a project for which an EIR has been certified which Identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. Section 15092 of the State CEQA Guidelines further stipulates that: (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (A) Eliminated or substantially lessened ail significant effects on the environment where feasible as shown in findings under Section 15099, and Statement of Findings and Facts Plaza Banderes Hotel Project Page 1 (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. In making the findings required by Section 21081, the public agency must base its findings on substantial evidence in the record. An Environmental Impact Report(EIR) for the project has been prepared and certified as complete by the City of San Juan Capistrano. The EIR identifies certain significant effects that may occur as a result of the Plaza Banderas Motel project alone or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. The environmental review process for the Plaza Banderas Hotel project is summarized below. 1. In accordance with CEQA requirements, a Notice of Preparation (NOP) of a Graft EIR was filed with the State Clearinghouse on May 26, 2010, The State Clearinghouse assigned State Clearinghouse Number 2010051075, 2. The NOP was distributed to all responsible and trustee agencies, utility and service providers, Orange County Clerk/Recorder, and other interested parties on May 24, 2010 for a 30-day public review. The review period ended on June 24, 2010. 3, The City of San Juan Capistrano distributed a Notice to all property owners within 1,000 feet of the subject property, which notified nearby property owners that would be most directly affected by implementation of the proposed project, along with public agencies and interested organizations, that a Scooping Meeting would be held as a means of providing comments on the scope of the Draft EIR 4, A Scoping Meeting was conducted for the proposed Plaza Banderas Hotel project on June 10, 20110 in the San Juan Capistrano City Council Chambers. 5. In accordance with CEQA requirements, a Notice of Completion (NOC) of the Draft EIR was filed with the State Clearinghouse on August 3, 2410, 6, The Draft EIR was distributed to agencies, interested organizations, and individuals by the City of San Juan Capistrano. The distribution list is available at the City of San Juan Capistrano Planning Department. T A forty-five (45) day public review period for the Draft EIR was established pursuant to State law, which commenced on August 3, 2014 and ended on September 17, 2010. 8. Comments received during the public review period for the Draft EIR were responded to in a Response to Comments document dated September 2010, and distributed to each commenter ten days prior to consideration by the San Juan Capistrano City Council, 9. A final EIR has been prepared for the plaza Banderas Hotel project. The following components comprise the Final EIR: a. Draft EIR, July 2010; b, Comments received on the Draft EIR and responses to those comments, September 2010,and C' All attachments, incorporations, and references to the documents delineated in items a and b above. Statement of Findings and Facts Plaza Banderas Hotel Project page 2 The City of San Juan Capistrano is the Dead Agency with respect to the project pursuant to State CEQA Guidelines Section 15367. As a Lead.Agency,the City is required by CEQA to make findings with respect to each significant effect of the Project. The City of San Juan Capistrano has reviewed the EIR. The following sections make detailed findings with respect to the potential effects of the Plaza Banderas Hotel project and refer, where appropriate. to the mitigation measures set forth In the Final EIR. The Final EIR and the administrative record concerning the Plaza Banderas Hotel project provide additional facts in support of the findings herein. The Final EIR (which includes, among other components, the draft EIR, and the Response to Comments on the Draft EIR) is hereby incorporated into these Findings in its entirety. Furthermore, the mitigation treasures set forth in the Mitigation Monitoring Program (MMRP) are incorporated by reference in these Findings. The Mitigation Monitoring and Reporting Program (Exhibit C)was developed in compliance with Public Resources Code Section 29081.6 and is contained in a separate document. Without limitation, these are intended to elaborate on the scope and nature of mitigation Treasures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Plaza Banderas project i.n spite of associated significant unavoidable adverse impacts. Final EIR SCH No. 2010051075 for the Plaza Banderas Hotel project identified significant environmental impacts prior to mitigation that may occur as a result of implementing the project. Thus, in accordance with the provisions of CEQA, the San Juana Capistrano City Council hereby adopts these findings as part of its action to certify Final EIR SCH No.2010051075 and approve the Plaza Banderas Hotel project. IL DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL Consistent with the intent of CEQA, the State CEQA Guidelines, and relevant judicial interpretations of CEQA, the project" addressed in the Final EIR is defined to include the approval of the Plaza Banderas Hotel Project, which includes the development of a 74,973 square foot, 124-room hotel. The hotel will accommodate an event center with other amenities, including an outdoor swimming pool and Jacuzzi spa, exercise room, media room, restaurant, bistro, and laundry facilities. In addition to the hotel, a retailtofftcefrestaurant component is also proposed, which encompasses 14,227 square feet of retail commercial, professional office, and restaurant floor area at the corner of Ortega Highway and El Camino Real, This development component consists of 6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private office (owner-occupied). Project implementation necessitates the approval of the following legislative and discretionary actions by the City Council; • A General Plan Amendment application to change the land use designation of the project site from"General Commercial(GC)"to"Planned Community(PC)," • A Rezone to amend the Zone District designation from 'General Commercial (GC)" to "Planned Community (PC)"Zone District and adopt a Comprehensive Development Plan. • A Tentative Parcel Map to merge existing lot lines and consolidate the property into a single parcel (including City right-of-way), • An Architectural Control (AC) for the preliminary site, architectural and related development plans for the proposed project. A Tree Removal Permit to conform to the City's regulations for tree removal. = A Grading Plan Modification to accommodate grading on the site, Statement of Findings and Pacts Plaza Banderas Hotel Project Page 3 A Floodplain Land Use Permit to evaluate any project impacts to Horno Creek. Sign program (Business Sign Regulations Permit) to establish signage and sign regulations for the development. lit. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT The following describes impacts of the Plaza Banderas project found to be fess than significant. 1. Agricultural Soils (convert Prime Farmland, Unique Farmland or Farmland of Statewide Important (Farmland); conflict with existing zoning for agricultural use, or a (Williamson Act contract; involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use,) Fact. Implementation of the project will not result in the conversion of any designated prime or otherwise significant farmland. The project site is located within a developed anq urbanized area of the City of San Juan Capistrano. According to the Orange County Important Farmland Map, the project site and other areas in the vicinity are designated as "Urban and Built Up Land" (i.e., land occupied by structures with a building density of at least one unit to one and one-half acre) and "Other Land" (i.e., lands which do not meet the criteria of any other category), The project site is not zoned for agricultural uses, nor included in a Williamson Act contract. The San Juan Capistrano General Plan does not designate the subject property either for agriculture or for farmland, Because neither the site nor the project area contains any agricultural lands, project implementation will not result in the conversion of existing agricultural resources for non-agricultural purposes. There are no properties located in the vicinity of the project site that are designated for agricultural uses or are currently in agricultural use. Project implementation will not result in any impacts to agricultural soils or important farmland. 2. Mineral Resources (result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the site, result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan) Fact. Neither the City's General Plan nor the State of California has identified the site or environs as a potential location for mineral resources of Statewide, regional, or local significance. No mineral resources are known to exist. Therefore, development of the subject property as proposed will not result in the loss of any locally important mineral resource recovery site. No significant impacts will occur as a result of project implementation. 3. Population and Housing (Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses or indirectly (for example, through extension of roads or other infrastructure; Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere; Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.) Fact, The proposed development will not result in the elimination of any residential dwelling units or residents. Therefore, no existing housing or residents will be displaced if the project is approved and constructed and no significant impacts will occur. Further, project implementation does not include the development of the site for residential or other land uses that would be considered directly growth-inducing. Further, all of the existing infrastructure exists in the area and is available to accommodate the proposed industrial/office development. Adequate capacity exists in all of the infrastructure systems that serve the site (e.g., sewer, water, storm drainage, roadways, etc.) and no new or expanded facilities are required to provide service to the project. No significant additional growth would be anticipated to occur as a direct result of the proposed industriaVoffice development. Therefore, no significant growth-inducing impacts are anticipated as a result.of project implementation. Statement of Findings and Facts Plaza Banderas Hotel Project Page 4 4. Recreation (Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; Does the project include recreational facilities or require the construction of or expansion of recreational facilities which right have an adverse physical effect on the environment? opportunities?? Fact. Project implementation, which proposes the development of a vacant site that is designated for commercial use, includes the construction of 89,200 square feet of commercial floor area on the site, including a 124-room hotel, retailloffice, and restaurant. No residential development is proposed that would create a new demand, or increase an existing demand, for recreational facilities. Existing parks in the vicinity of the project site will not be physically altered nor will their total acreage be reduced as a result of project implementation. Further, given the nature of the Project (i.e., non- residential), a greater demand for parks and recreation would not occur because the Project would not result in a direct increase in population that would necessitate new or expanded recreational facilities. Therefore, no significant impacts to City-wide recreational opportunities are anticipated and no mitigation measures are required. 5. Greenhouse Gas/Climate Change (Would the project generate greenhouse gas emissions either directly or indirectly, that may have a significant impact on the environment; Would the project conflict with an applicable plan, policy or regulation, adopted for the purpose of reducing the emissions of greenhouse gases?) Fact. No significant greenhouse gas emissions would be generated by the proposed project. As indicated, the GHG emissions reductions for transportation, buildings. energy, and other economic sectors would be implemented by 2020; therefore, the proposed project would be consistent with the GHG reduction goals of AB32 as described in the statewide GHG emissions reduction strategy outlined in the Scoping Plan. No mitigation measures are required. FINDING The environmental effects listed above are found not to be significant based on the analysis conducted for the proposed project. FACTS IN SUPPORT OF FINDING A. The discussion and analysis in the environmental analysis conducted for the proposed Plaza Banderas project indicate that the environmental effects listed above are less than significant. B. wring the 45-day public review period as mandated by CEQA, the Draft EIR was distributed to all responsible and trustee agencies and other interested parties and no comments were received that would modify the above finding. IV, FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT A. LANE} USEIRELEVANT PLANNING 1. IMPACT Long-Term Irnpacts: The proposed project includes a general plan amendment and zone change to accommodate the hotel/mixed-use development of the site. However, the proposed project, which includes a hotel, retail commercial, professional office, and restaurant uses, is consistent with the long-range goals, policies and objectives adopted by the City in the General Plan Update. The proposed project is also compatible with the Statement of Findings and Facts Plaza Sanderas Hotel Project Paye 5 existing land uses in the area. The proposed project will comply with the applicable[and use regulations prescribed in the San Juan Capistrano Municipal Code, the proposed development standards in the proposed CDP, the City's design guidelines for the respective development, and related regulatory controls to ensure consistency and compatibility. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects an the environment as summarized above and described in detail in Chapter 4.0, Section 4.1 of the EIR, SC 4.1-1 The Plaza Banderas Hotel project will be reviewed for consistency with the approved Comprehensive development Plan (CCP), California Building Code, Uniform Fire Code, and other applicable codes and ordinances prior to issuance of building permits. Facts in Support of the Finding: The measure prescribed in the EIR will minimize project- related changes to the adopted land use plan and zoning and will ensure that land use impacts are avoided through the enforcement of the applicable land use, zoning and development standards adopted for the Comprehensive Development Plan (Plaza Banderas Hotel). In addition, the project will be designed With superior design standards that are intended to ensure the integrity of the mixed-use development will be maintained. Compliance with the applicable ordinances and development standards will ensure that the proposed development will be compatible with the adjacent residential, commercial, and public/institutional uses. All significant environmental effects have been avoided or substantially lessened by virtue of the measure described above, leo significant, unavoidable adverse impacts will remain after implementation of the required standard condition. B. TRAFFIC AND CIRCULATION T. IMPACT Short-Term Impacts: Project implementation will result in the generation of construction- related traffic associated with grading, site preparation and construction. The construction- related traffic will result in some traffic delays resulting from the use of heavy trucks hauling construction equipment and materials to and from the site. .Finding:_ Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-1 a Prior to issuance of the first building permit for each phase of development, a Traffic Control Plan and Construction Management Plan shall be prepared and implemented during the construction phase for each improved phase. The Traffic Control Plan shall specify: . Traffic control for any street closure, detour or other disruption to traffic conditions Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, windows, etc.) to access the site, traffic control and detours and proposed construction phasing plan for the project. Statement of Findings and Facts Plaza Bandems Hotel Project Page 6 Parking needs and parking areas for construction-related equipment and workman support Hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. The Traffic Control and Construction Management Flan shall comply with the standards established in the current California Manual on Uniform Traffic Control Devices (MUTCD) as well as City of San Juan Capistrano requirements. MM 4.2-1b The applicant shall be required to keep all haul routes clean and free of debris, including but not limited to gravel and dirtf as a result of its operations. The applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer) of any material that may have been spilled,tracked or blown onto adjacent.streets or areas. MM 4.2-1c Hauling or transport of oversize loads will be allowed between the hours of 8:30 a.m. and 11:30 a.m. only, Monday through Friday, unless otherwise approved by the City Engineer. Hauling or transport may be permitted/required during the nighttime hours, weekends or on Federal holidays, at the discretion of the City Engineer. All hauling/delivery access to and from the site shall be from the east on Ortega Highway, except during the period of time when the Ortega Highway overcrossing bridge is being reconstructed. During this period, all trucks using the 1-0/Ortega Highway on- and off-ramps shall be rerouted to other nearby streets. An approved Haul Route Permit will be required from the City. MM 4.2-1d Haul trucks entering or exiting public streets shall at all times yield to public traffic. MM 4.2-1e If hauling operations cause any damage to existing pavement, street, curb and/or gutter along the haul route, the applicant shall be fully responsible for repairs, which shall be completed to the satisfaction of the City Engineer. MM 4.2-1f All construction-related parking and staging of vehicles shall be kept out of the adjacent public roadways and parking lots and shall occur on-site. Facts in Support of the Finding: Implementation of the mitigation measures that include the implementation of a Traffic Control flan and Construction Management Plan, limitations on hauling, site ingress and egress during the construction phase, and construction-related parking will ensure that demolition and construction-related traffic that could affect circulation in the project vicinity would be avoided because that plan will identify and prescribe haul routes and require the implementation of traffic control procedures to minimize delays along the adjacent roadways. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required standard condition. Statement of Findings and Facts Plaza 6anderas hotel Project Page 7 2. IMPACT Lona Termlt-ong-Term Impacts: Project implementation will result in a significant cumulative impact at the 1-5 NB Ramps/Ortega Highway intersection (Existing plus Project Traffic Plus Project Conditions) based on the HCM Method of Analysis. With the project's effect resulting from its contribution in traffic, the intersection is forecast to operate at LOS F (i.e., Belay of 108.5 s/v)during the a.m. peak hour. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. MM 4.2-2 Prior to issuance of the first building permit for the proposed project, the project applicant shall pay the required Capistrano Circulation Fee Program (CCFP) fees, as determined by the City of San Juan Capistrano, based on the improvements included in the 1-5/Ortgage Highway interchange, which includes restriping and/or widening the 1-5 NB Ramps` to provide a southbound right-turn lane only from Avenida Los Cerritos, restriping the second eastbound left-tum lane on Ortega highway to a third eastbound through lane and restriping the second eastbound through lane to a shared eastbound through/right-turn lane= in addition, widen and/or restripe Ortega Highway to provide an exclusive eastbound free right-turn lane, restripe the exclusive right-turn lane on Ortega Highway to a shared westbound through/right-tum lane, and modify the existing traffic signal. Facts in Support of the Finding: Although the proposed project will result in unacceptable traffic conditions at the 1-5 NB Ramps/Ortega Highway intersection, the applicant will be required to pay the requisite CUP fees, which would be used to pay for the improvements that would reduce the project-related cumulative impacts this intersection to an acceptable level (Le,, LOS p or better). All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. 1 IMPACT Lang-Term_Impacts. Project implementation will result in a significant cumulative impact at the 1-5 SB Ramps/Ortega Highway intersection(Existing plus Project plus Cumulative"traffic Conditions) based on the HCM Method of Analysis. With the project's effect resulting from its contribution.in traffic, the intersection is forecast to operate at LOS F(i.e., belays of 114.4 s/v and 113.5 sfv, respectively)during the a.m. and p.m. peak hours. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. ISM 4.2-3 Prior to issuance of the first building permit for the proposed project, the project applicant shall pay the required CUP fees, as determined by the City of San Juan Capistrano, based on the improvements included in the I- 510rtega Highway interchange, which includes restriping the southbound shared leftfthroughidght-turn lane on the I-5 SB Ramps to a shared lefVright-tum lane; widen and/or restripe Ortega highway to provide an Statement of Findings and tracts Plaza Banderas Hotel Project Page 8 exclusive eastbound right-turn lane and a second westbound left-turn lane, and modify the existing traffic signal. Facts in Support of the Finding: Although the proposed project will contribute incrementally to the unacceptable traffic conditions at the 1-5 SB Ramps/Ortega Highway intersection, the applicant will be required to pay the requisite CCFP fees, which would be used to pay for the improvements that would be implemented to improve this Intersection. Payment of the fees are deemed adequate mitigation by the City of San Juan Capistrano, which is the lead agency and responsible for future roadway and circulation improvements in the City. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures. C, CLIMATE ANIS AIR QUALITY 1. I M PACT Short-Term Impacts: Project implementation will result in construction emissions that exceed SCAQMD regional construction significance thresholds for 114C. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.3 of the EIR, SC 4.3-1 The project shall comply with SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SoCAB. SC 4.3-2 The project shall comply with SCAQMD Rule 403, which sets requirements for dust control associated with grading and construction activities(refer to Tables 4, 5 and 6 in Appendix E), SC 4.3-3 The project shall comply with SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. SC 4.3-4 The project shall comply with SCAQMD Rule 1108, which sets limitations on ROG content in asphalt. SC 4.3-5 The project shall comply with SCAQMD Rule 1113, which sets limitations on RQG content in architectural coatings. SC 4.3-6 the project shall comply with City of San Juan Capistrano Municipal Code Section 9-3.513, which requires ' implementation of dust control/suppression measures (similar to SCAQMD Rule 403). 80 4,3-7 The project shall comply with Title 24 energy-efficient design requirements as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with the requirements of the Uniform Building Code. Statement of Findings and Facts Plaza Banderas Hotel Project Page 9 MM 4.3-1 The construction contractor shall use interior paints with a maximum volatile organic compound (VOC) content of 212 grams of VOC per liter bf paint for all interior painting of all proposed project build€ngs. Paints that meet the low-VOC limits of South Coast Air Quality Management District (SCAQM©) Rule 1113 are known as "super-compliant paints.' A list of super-compliant VOC coating manufacturers is available at SCAQMD's website (hftp:/Awm.aqmd.gov/prdas/brochures/paintguide,htmi). Prior to building permit issuance, the use of super-compliant interior paints shall be noted on building plans. Facts in Su ort of the Findings: Implementation of all applicable SCAQMl7 rules that are intended to minimize construction emissions, including fugitive dust, NOx, VOC, and other air potlutants will ensure that demolition and construction emissions are minimized and do not exceed established thresholds for the respective pollutants. All significant environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impacts will remain after implementation of the required mitigation measures_ D. NOISE 1. IMPAC`[" Short-Terra Impacts: Project-related construction noise would generate maximum noise levels ranging from 61 dBA Leq to 89 dBA Leq at the adjacent and nearby noise sensitive receptors (i.e., San Juan Elementary School, the single-family residential dwelling unit, and Mission San Juan Capistrano). Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the HIR. Finding: Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EI R. SC 4.4-1 Construction activity which includes the delivery and/or recovery of materials, supplies, or construction equipment shall be conducted in accordance with City of San Juan Capistrano Municipal Code, Title 8, Chapter 2, Section 8-2.04, Permitted Hours of Construction Operation from 7:00 a.m. to 6:00 p.m. Monday through Friday and from 8:30 a.m. to 4:30 p.m. on Saturday. Hauling soil to or from the site, or from one part of the project site to another, shall comply with San Juan Capistrano Municipal Code Section 8-3.13, impart or Export as follows: The loading and transportation of earth from or to the site shall be accomplished between 7:00 a,m. and 6:00 p.m. on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work hours may be extended up to 4:30 p.m. only with the prior approval of the Building Official. Such approval shall be based upon the consideration of the haul routes, noise and dust factors, proximity to residences, and similar criteria. No earth loading or transportation shall be permitted on Sundays or on Federal holidays. Statement of Findings and Facts Plaza Banderas Hotei Project Page 10 MM 4.4-1a The construction site supervisor(the individual with complete supervisory control over all on-site construction scheduling and activities) shall properly maintain and tune all construction equipment to minimize noise emissions. The contractor shall maintain all equipment maintenance records (originals or copies) onsite during construction and shall allow inspection of those records by authorized City staff, including Development Services Department staff or Public Works Department staff, when so requested. Violations of this provision, including failure to maintain records onsite, may be subject to administrative citation pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano Municipal Code. MM 4.4-1b The construction site supervisor shall be responsible for assuring that all construction equipment has been fitted and maintained- with properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer to minimize noise emissions. Lack of or improperly maintained.mufflers, silencers, and/or shrouds on construction equipment may constitute a violation subject to administrative citation pursuant to Chapter 7, Administrative Citations,of Title 1 of the San Juan Capistrano Municipal Code. MM 4.4-1c The construction site supervisor shall locate and maintain the construction staging area for construction vehicles, materials and equipment on the south eastern portion of the project site as far away as practically possible from the Mission San Juan Capistrano and the San Juan Elementary School. All stationary noise sources (e.g., generators, compressors, staging areas) as far from noise-sensitive receptors as feasible, but at least 100 feet from existing noise-sensitive residential land uses. In any case, where such stationary noise sources cannot be situated at least 100 feet from existing noise-sensitive residential land uses, such equipment shall be provided with a temporary noise barrier subject to approval by the City's bull ding/g rading inspector. Violations of this provision may be subject to administrative citation pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano Municipal Code. Prior to the issuance of any demolition, grading or building permit, the associated plans shall depict the location of the construction staging area which shall be subject to the approval of the Development Services Director or his designee. MM 4.4-1d In the event any demolition, grading or trenching occurs during days when school is in session, the construction site supervisor shall install temporary sound barriers (sound blankets or plywood)along the western and northern perimeter of the site during demolition, grading, and trenching activities consistent with a temporary sound barrier plan that shall be subject to review and approval by the City. The plan shall demonstrate to the satisfaction of the City that the temporary sound barrier wilt reduce construction noise impacts on San Juan Elementary School to not greater than 66 dBA CNEL measured at the exterior of the school buildings. The temporary sound barriers shall have a minimum height of six feet and shall remain in place on the boundaries until the completion of the site preparation phase, Violations of this provision, including failure to secure City approval of a temporary sound barrier plan or failure to maintain "seamless" sound barriers, may be subject to administration citation pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano Municipal Code, Statement of Findings and Facts Plaza Bandwas Hotel Project Page 11 MM 4.4-1e Material delivery, soil haul trucks, and equipment servicing shall be restricted to the hours set forth in the City of San Juan Capistrano Municipal Code, Title 8, Chapter 2, Section 8-3.04, Permitted Hours of Construction Operation, and Section 8-3.13, Import or Export. MM 4.4-1f To the maximum extent practicable, construction activities will be scheduled to occur during summer non-school hours so as to minimize noise impacts to San Juan Elementary School. MM 4,4-1g The construction site supervisor shall decrease the overall duration (number of days) of construction activities and associated construction- noise impacts by having construction crews work a minimum of 10 hours per day but within the days (Monday through Saturday only) and hours specified under San Juan Capistrano municipal code Section 9 3.531, MM 4.4-1 h The construction site supervisor shall use existing/planned driveways located on Ortega Highway or El Camino Real for construction vehicle access. Site access from Spring Street shall be expressly Prohibited. MM 4.4-1 i The construction site supervisor shall conduct demolition, grading and trenching operations during non-school hours and/or during summer vacation when classes at San Juan Elementary School are not in session to the greatest extent practicable. If such activities must occur when classes are in session, additional sound attenuating measures shall be implemented to ensure that the classroom learning environment is not adversely affected. These additional measures may include but are not limited to raising the height of the temporary noise wall, placement of sound blankets at strategic locations along the perimeter of the site, and, were possible, conducting activities farther away from the school.. MM 4.4-1j The construction site supervisor shall coordinate the use of heavy construction equipment operations with the Principal of San Juan Elementary School to avoid noise disturbance during state or district- mandated achievement testing days. The construction site supervisor shall not allow the operation of heavy construction equipment during such mandated testing days. However, as an alternative, the constriction site supervisor may operate such equipment during mandated testing days/periods if such equipment has been provided with sound blanket barriers or similar noise proofing to the'satisfaction of the Development Services Director or his designee. MM 4.4-1k Prior to the start of construction, the construction site supervisor shall post signs, clearly visible along the three street frontages of the project site, with a contact name and telephone number of that on-site person responsible for immediately investigating and addressing construction noise complaints and shall provide that contact information to the Principal of San Juan Elementary School. This signs shall be maintained until the end of all construction activities. Facts in Support_of the Finding: Although short-term noise impacts would be associated with the site preparation, grading, and erection of buildings on site during construction of the proposed project, construction-related short-term noise levels would be higher than existing ambient noise levels in the project area; however, these temporary impacts would cease once construction of the project is completed. In order to ensure that the higher noise levels, which may be intrusive to adjacent development, are further minimized, additional techniques have been identified to be incorporated into the Statement of Findings and Facts Piaza Banderas Hotel Pro/oct Page 12 construction activities and use of the construction equipment. Nonetheless, construction noise impacts on the adjacent sensitive uses cannot be mitigated to a less than significant level. All significant environmental temporary construction noise has been substantially lessened by virtue of the measures described above; however, construction-related noise will remain significant and unavoidable, necessitating the adoption of a Statement of Overriding Considerations. 2. IMPACT Short-Term Impacts: Vibration levels from heavy construction equipment would exceed the FTA threshold for vibration annoyance at the San Juan Elementary School and the residence to the northwest of the project site under maximum conditions when equipment is located closest to those existing uses. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid ithe significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. MM 4.4-2 During construction, the construction manager shall ensure that the following minimum operating distances between construction equipment and the adjacent residence to the northwest of the project site are maintained: Loaded trucks and jackhammers -20 feet Large construction equipment (equivalent to a large bulldozer)— 40 feet Vibratory roller—50 feet Facts in Sul2port of the Finding: The mitigation measures identified above are intended to include design features that construction-related vibration levels implementation of the measure identified above, which requires that construction equipment not operate in proximity to the existing sensitive uses, will be adequate to avoid potential impacts associated with vibration. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 3. IMPAC"l' Long-Term Impacts: Exterior noise levels at the easternmost portion of the proposed hotel would be approximately 68 dBA CNEL at ground level and higher at the second and third floors, which would exceed the interior noise levels for such uses prescribed by the City of San Juan Capistrano. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EiR. MM 4.4-3a Prior to the approval of final building plans for the Plaza Banderas hotel component, the applicant shall prepare an acoustic study that demonstrates that the exterior noise levels at the proposed hotel pool Sfaternent of Findings and Fects Plaza Banderas Hotel Project Fuge 13 shall not exceed 65 dBA CNEL per the City's noise compatibility standards. Acoustical design features incorporated into the proposed project design may include exterior features to reduce noise, such as masonry walls, glass or plexiglass, subject to the review and approval under the City's design review process. MM 4.4-3b Prior to the approval of final building plans for the Plaza Banderas hotel component, the acoustic study required by MM 4.4-3a shall include analysis that demonstrates that the interior noise levels in habitable rooms (residential and offices) shall not exceed 45 dBA CNEL, as defined by the California Building Code. Acoustical design features incorporated into the proposed project design, which may include exterior features to reduce noise, such as berms/walls or architectural features such as Sound Transmission Class or Outdoor indoor. Transmission Class rated windows and doors, shall be shown on alb building plans and shall be incorporated into construction of the proposed project. The acoustic study shall include special attention to and mitigation of lower frequency of noise generated by the large number of heavy-duty trucks that traverse the 1-5 Freeway and Ortega Highway. This conclusion shall be demonstrated through submission of an acoustics study prepared by a qualified consultant. Facts in Su ort of the Rinding: The acoustical study identified above is intended to confirm that the interior and exterior noise levels do not exceed standards prescribed by the City of San Juan Capistrano. if determined necessary, implementation of the features identified above (e.g,, berms/walls, sound-rated windows, etc.) will be adequate to achieve the requisite interior and exterior noise levels prescribed by the City for residential development. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain atter implementation of the required mitigation measures, E� PUBLIC HEALTH AND SAFETY 1. IMPACT Short-'Term lmocts: Implementation of the proposed project, which involves the grading, site preparation, and construction of the proposed hotel and retaiUcommercial uses by the project applicant,will result in the transport of materials and equipment to the site. Finding. Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4,5 of the EIR. SC 4.5-1 The City of San Juan Capistrano will require all plans for proposed uses within the project area to comply with all applicable Federal, State, and local regulations pertaining to the transport, storage, use and/or disposal of hazardous materials on the site. Facts in Support of the Finding: Compliance with the State and federal regulatory requirements related to the transport, storage and use of hazardous materials will ensure that potential health impacts would be avoided during the closure process. Statement of Findings and Facts Plaza Banderas Hotel Project Page 14 All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures:. F. DRAINAGE AND HYDROLOGY 1. IMPACT Short- and Long-Term impacts: Although the hydrology analysis conducted for the proposed project revealed that there is an increase in total surface runoff resulting from project implementation, impacts to the existing storm drainage systems and El Horno Creek will be minimized by the implementation of the proposed stormwater detention systems in each project component, which will ensure that post-development peak surface flows will be reduced to below pre-development flow rates. All of the proposed development (i.e„ structures) is proposed to be located outside of the EI Homo floodplain as delineated on the current FEMA flood insurance rate map. The incorporation of BMPs prescribed in the WQMP will reduce potential pollutants that enter the surface flows as a result of project implementation to the "maximum extent practicable,' as required by the Regional Water Quality Control Board. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.6 of the EiR. 5C 4,6_1 Prior to issuance of a grading permit, the project applicant shall be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future projects under the General Construction Activity Storm Water Runoff Permit prier to Initiation of construction activity at a future site. As required by the NPDES permit; a Storm Water Poltution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. SC 4.6-2 Prior to Planning Commission approval, the project applicant shall prepare a Water Quality Management Plan (WQMP)for the project and submit the WQMP to the City of San Juan Capistrano for approval. The WQMP shall specifically identify Best Management Practices (BMPs)that will be used to control predictable pollutant runoff, including flow/volume-based measures to treat the"first flush." The WQMP shall identify at a minimum the routine structural and non-structural measures specified in the Countywide NPDES Drainage Area Master Plan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long- term maintenance responsibilities, and shall reference the locations of structural BMPs SC 4.6-3 Prior to issuance of a grading permit, the project applicant shall prepare a Storm Water Pollution and Prevention Plan (SWPPP)_ The SWPPP will establish BMPs in order to reduce sedimentation and erosion and prevent construction pollutants from leaving the site. The project shall also incorporate all monitoring elements as required in the General Construction Permit. The project applicant shall also develop an erosion and sediment control plan to be reviewed and approved by the City of San Juan Capistrano prior to issuance of grading permit. 5tatemenf of Findings and Feats Plaza Banderas Hetet Project Page 15 SC 4.8-4 Future site grading and construction shall comply with the drainage controls imposed by the applicable building code requirements prescribed by the City of San Juan Capistrano. Facts in Support of the Finding: Although project implementation is not anticipated to result in significant impacts to drainage and hydrology and water quality, the incorporation of the standard conditions will effectively avoid such potential impacts thorough the integration of specific measures intended to reduce surface flows/discharges and pollutant discharges into El Homo Creek. In addition, the proposed project will be designed to be consistent with the goals and objectives articulated in the San Juan Capistrano General Plan and requirements of the California Regional Water Quality Control Board. Therefore, no potentially significant impacts will occur as a result of project implement. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact., will' remain after implementation of the required mitigation measure. F G. BIOLOGICAL RESOURCES 1, IMPACT Short-Term Impacts: Project construction activities have potential to result in indirect impacts to species occupying the site. Indirect impacts involve the potentially harmful effects associated with human activities that result from the proposed project. Also as described above, the project is surrounded by existing development. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4,7 of the EIR. SC 4.7-1 In accordance with the Heritage Tree Provision of the City of San Juan Capistrano,the project applicant shall obtain a tree removal permit for each tree specified by the City that will be removed from the site that exceeds thirty-six inches(36°)in diameter at breast height(10BH). SC 4.7-2 The project applicant shall retain the services of a qualified ornithologist to conduct a survey of the construction zone, if any of the phased construction activities(grubbing, grading, tree trimming or removal)are to occur during the breeding season for native birds (approximately February 15 through July 31). The ornithological survey shall occur not more than seven days prior to the initiation of those construction activities. If the ornithologist detects any occupied nests of native birds within the construction zone, they shall be mapped on construction plans and the project applicant will conspicuously flag off the area(s) supporting bird nests, providing a minimum buffer of 200 feet between the nest and limits of construction, (This buffer zone shall be at least 500 feet for raptors until the young have fledged, are no longer being fed by the parents, have left the nest, and will no longer be impacted by the project.) The construction crew will be instructed to avoid any activities in the zone until the bird nest(s) islare no longer occupied, per a subsequent survey by the qualified ornithologist. Alternatively, the project applicant will consult as appropriate with the USI=WS to discuss the potential loss of nests of native birds covered by the META to obtain the appropriate permit from the USFWS. Statement of F'ind'ings and Facts Plaza Banderas Hotel Project Page 16 Facts in Support of the Finding: The measures identified above are designed to ensure that potential impacts to heritage trees and sensitive avian species during the construction phases are avoided or reduced to a less than significant level, Each of the standard conditions is intended to avoid significant impacts to those important biological resources. Therefore, no potentially significant impacts will occur as a result of project implement. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigatiori measure. H. CULTURAL RESOURCES 1. IMPACT Lono-Term /impacts: Project implementation will result in grading the site to a depth of approximately three feet,which could result in a potentially significant direct project impact to historic and/or prehistoric resources. Flndin : Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.8 of the EIR. MM 4.8-1a Prior to issuance of the grading permit and/or any ground-disturbing activity, the applicant shall submit a written monitoring plan to the City for review and approval. The monitoring plan shall specify procedures for field observation, diverting and halting grading to protect finds; notifying and consulting with concerned parties; significance evaluation of finds; treatment of finds, including but not limited to the potential need for a research design and data recovery program in the case of significant finds; and compliance with Health and Safety Code Section 7050.5 and Public Resources Code Section 15064.5(/) and 5097.98 in the event human remains are encountered. The plan shall address the potential for encountering previously recorded and/or unknown sites or features. The plan shall address the possibility of the kiln feature in the upper parking lot being found to remain in place when grading exposes that area of the site, and shall provide for the evaluation of its current condition and significance as well as a determination by the archaeologist on appropriate treatment andlor data recovery as applicable. MM 4.8-1b A qualified archaeologist (defined as an archaeologist on the list of Certified Archaeologists for Orange County) shall be retained by the project applicant and shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, 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 Statement of Findings and Facts Plaza Banderas Hotel Project Page 17 archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist or other procedure identified in the approve monitoring plan. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §70%5 of the Health and Safety Code and §6097.98 of the Public Resources Code have been implemented. MM 4.8-'lc During construction/grading activities, a Native American monitor shall observe constructionigrading 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. d MM 4.8-1d Prior to final inspection by the Development Services Department, the applicant shalt submit evidence that final reports for any historical, cultural or archaeological resources recovered from the project site during grading or construction have been filed with the appropriate information repository. Reports shall include information on disposition of resources at a suitable repository, Facts in Su ort of the Finding: As indicated above, the proposed redevelopment of the subject property could adversely affect existing cultural resources. The physical improvements occurring as a result of implementing the proposed hotel/mixed use project would not directly affect cultural and/or historic or potentially historic features. Proper on- site management during the site preparation and grading phase of development will include on-site monitoring, coordination with Native American monitor and tribal leaders identified by the State native American Heritage Commission, and the implementation of appropriate collection in the event artifacts are encountered. As a result, potential impacts to cultural resources would be substantially reduced or eliminated. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 2. IMPACT Long-Term Impacts: Paleontological resources, including fossil remains and associated scientific data, fossil sites, and fossiliferous rocks in the geological formations underlying the site could be adversely affected as a result of project implementation, which include site alteration activities(e.g., clearing and grubbing, excavation and grading, construction, etc.). Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4,0, Section 4,8 of the lr1R. MM 4.8-2a Prior to issuance of a grading permit, a qualified paleontologist(defined as a paleontologist on the List of Certified Paleontologists for Orange County) shall be retained by the project applicant and shall be present at pre- construction meetings to advise construction contractors about. the Statement of Findings and Facts Plaza Banderas Hotel Project Page 18 potential occurrence of paleontological resources located on and/or in the vicinity of the project site,as well as monitoring requirements. MM 4.8-2b A qualified monitor (defined as an individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist, shall be on-site during construction activities that result in the grading and/or excavating of current surface material (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications,etc.]and roadway improvements)to monitor for paleontological resources. Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities in the vicinity until the qualified paleontologist can determine if the resources are significant. Significant paleontological resources shall be recovered by the qualified paleontologist. Facts in Support of the Finding: Proper on-site management during the site preparation and grading phase of development will include on-site monitoring and the implementation of appropriate collection In the event artifacts are encountered. As a result, potential impacts to paleontological resources would be substantially reduced or eliminated. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. le SOILS AND GEOLOGY 1. IMPACT Lona-Term Impacts:, Project implementation will result in the exposure of surface soils and ,-Term those underlying the site to potential erosion during the excavation and grading phase prior to development of the site. Findin : Changes or alterations have been required in, or incorporated into the project,or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. SC 4.9-1 All activities associated with the implementation of the proposed hotel and retaillcommercial development shall comply with the City's Excavation and Grading Ordinance. SC 4.9-2 The project shall comply with all applicable City Building Code requirements as well as those prescribed in the California Building Code (CBC). MM 4.9-1a Prior to the issuance of any grading permit, the applicant shall prepare an Erosion Control Plan,which shall be approved by the City Engineer or his designee. MM 4.9-1 b Prior to the issuance of any grading permit, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that identifies specific construction and operational BMPs, which shall be approved by the City Engineer. Statement of Findings and Facts Plaza Bandera.5 Hotel{project Page 19 Facts in -support. of the Finding: Incorporation of standard conditions and mitigation measures will reduce potential long-term impacts by ensuring that the site is properly graded and prepared for construction and the proposed structures are designed to withstand the effects of settlement associated with the final closure of the Forster Canyon Landfill. As a result, soils and geotechnical impacts will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 2, IMPACT Lona-Term Imtaacts: The proposed hotel, retall/cormmercial, and restaurant structures will likely be subjected to moderate to strong seismic ground shaking during its design. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid,the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR, MM 4.9-2 Prior to issuance of the grading permit, the applicant shall prepare and submit a detailed grading plan prepared by a licensed geotechnical engineer. The proposed structures shall be designed based on applicable geotechnical parameters prescribed in the report for foundation design as well as those established by the California Building Cade and applicable regulations. At a minimum, on-site structures shall be designed in accordance with the 2007 CBC criterla. Facts in Su ort of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from ground shaking associated with seismic events by limiting the areas exposed to adverse soils conditions as well as other techniques intended to minimize such adverse conditions through compliance with the parameters prescribed in the geotechnical report. As a result, potential adverse impacts to structures resulting from ground shaking as well as soils impacts will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 3. IMPACT Lon.q-Term Impacts: The major geotechnical constraint affecting the proposed development is the presence of loose unsuitable undocumented fill materials that exist in proposed development areas. These fill soils are not suitable for support of structures and improvements in their present condition and may result in excessive potential differential settlements across the proposed buildings due to the existence of loose compressible or otherwise variable materials. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, section 4.9 of the FIR. Statement of Findings and Facts Plaza Sanderas Hotel Project Page 20 MM 4.3-3a Corrective grading shall be required to remove and recompact all previously placed artificial fill soils; removal and recompact the upper 2 to 5 feet of low density,older alluvium, and provide a blanket of engineered flit below the proposed site improvements. To satisfy the necessary removal of unsuitable soils, corrective grading for each area is identified below: • Corrective grading for the proposed hotel shall extend 6 feet below the existing ground surface, or 3 feet below the bottom of proposed foundations, whichever is greater. The removal shall extend across the entire building pad, and shall extend a minimum of 5 horizontal feet outside the edges of foundations or equidistant to the depth of fill below the foundation, whichever is greater. Corrective grading removals for the mixed use building (retail/commercial) will be needed to eliminate artificial fills and place a minimum of 3 feet of engineered fillbelouy the bottom of the proposed foundations. The total amount of excavation (i.e., design and corrective grading)will be approximately 16 to 12 feet below the existing ground surface in the area of the existing parking lot, and about 6 to 8 feet below the existing ground surface in the adjacent areas. The removals shall extend across the entire building pad, and shall extend a minimum of 5 horizontal feet outside the edges of foundations or equidistant to the depth of fill below the foundation, whichever is greater. Special excavation provisions may be necessary adjacent to existing streets. Corrective grading for retaining walls shall extend six feet below the existing ground surface, or 3 feet below the bottom of proposed foundations, whichever is greater. The removal shall extend across the entire foundation, and shall extend a minimum of 3 horizontal feet outside the edges of foundations or equidistant to the depth of fill below the foundation,whichever is greater. • Corrective grading for miscellaneous foundations (i.e., swimming pool, pilaster, screen walls, patio covers, etc.) shall extend 3 feet below the existing ground surface, or 2 feet below the bottom of proposed bottom or foundations, whichever is greater. The removals shall extend across the entire bottom or foundation, and shall extend a minimum of 2 horizontal feet outside the edges of bottoms or foundations or equidistant to the depth of fill below the foundation, whichever is greater. • Corrective grading for pavement, hardscape, and landscape areas shall extend at least 3 feet below the existing grade. MM 4.9-3b Grading activities shall be continuously monitored by a project geotechnical consultant. Such observations are essential to identify field conditions that differ from those identified during the subsurface investigation and adjust designs to actual field conditions encountered_ Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from the existing soils and geologic conditions by limiting the areas exposed to adverse soils conditions as well as other techniques intended to Statement of Findings and Facts Plaza Bandems Hotel Project Page 21 minimize such adverse conditions through compliance with the parameters prescribed in the geotechnical report. As a result, potential adverse impacts to structures resulting from ground shaking as well as soils impacts will be reduced to a less than significant level, All environmental effects have been substantially lessened by virtue of the measure described above_ No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure, 4. IMPACT Lona-Term Impacts: The proposed residential structures may be subject to low to moderately expensive soils that exist on the site, Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. MM 4.9-4 Geotechnical observation and laboratory testing shall be performed upon completion of rough grading to confirm the expansion characteristics of typical on-site soils beneath foundations. Facts in Su ort of the Finding: Incorporation of mitigation measures will reduce potential long-term impacts resulting from adverse soils conditions. These measures and other techniques prescribed in the soils report are intended to minimize such adverse conditions through compliance with the parameters prescribed by the CBC and related regulatory agencies. As a result, potential adverse impacts to structures resulting from potentially adverse soil conditions will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measure described above, No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 5. I M PACT Long-Term Impacts: Development of the proposed project will be susceptible to potential settlement. Findiq: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.9 of the EIR. MM 4,9-5 All building foundations shall be designed for total settlement on the order of 1.0 inch and differential settlements on the order of 0.5 inch over 40 feet. Facts in Support of the Findinga Incorporation of mitigation measures will reduce potential long-term impacts resulting from adverse soils conditions. These measures and other techniques prescribed in the soils report are intended to minimize such adverse conditions through compliance with the parameters prescribed by the CBC and related regulatory agencies. As a result, potential adverse impacts to structures resulting from potentially adverse soil conditions will be reduced to a less than significant level. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure Statement of Findings and Facts Plaza Banderas Hotel Project Page 22 J. , PUBLIC SERVICES AND FACILITIES 1. IMPACT- Short-Term_Impacts: There is a potential for vandalism,theft,trespassing and other related law enforcement impacts during the construction phases. Fi__nding; Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.1 of the El R. SC 4.10.1-1 Prior to the issuance of a building permit, the project applicant shall submit the site plan for review and approval by the Orange County Sheriff's Department/Police Services Department to ensure that it is designed in accordance with all applicable requirements of the Police Service Department, including but not limited to parking, security, lighting, and access. MM 4.10.1-1 Prior to issuance of a grading permit, the project applicant shall prepare and submit a Construction Security Flan to the OCSD/Police Services Department for review and approval. The Construction Security Plan shall identify the provision of fencing, lighting and/or other measures (e.g., security patrols, etc.)that will be incorporated to minimize demands on law enforcement services, Facts in Support of the Finding: The Construction Security Plan, which will be reviewed by the OCSDIPolice Services Department, wifl enable the OCSD to be cognizant of the construction activities taking place on the subject property. The provision of fencing, lighting and related security measures will facilitate the law enforcement agency in providing adequate protection to the property. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 2. IMPACT Short-Term Im ac#s: Potential lane and/or road closures necessitated during construction could result in increased emergency response times to the site. Finding, Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.1 of the EIR. MM 4.10.1-2 The contractor shall notify the OCSD/Police Services Department in advance of any lane and/or roadway closures necessitated by construction activities. Written notification to the OCSD/Police Services Department shall identify the roadway location/segment and the duration of the closure. Facts in Support of the Finding: The staffing and manpower levels of the Orange County Sheriff Department are adequate to maintain the level of police services desired for the City, Implementation of the proposed project would not create additional demands for Statement of Findings and Pacts Plaza Sanderas Hotel Project Page 23 police protection because the project has been designed to address security and law enforcement concerns, including lane and/or roadway closures during construction, resulting in less than significant impacts, Response times will remain acceptable to provide an acceptable level of service to the project and the remainder of the City. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 3. IMPACT Long-Term impacts. Project implementation will contribute to the incremental demands for fire protection and paramedic ser0ces provided by the OCFA. This incremental increase in demand for service could adversely affect the departments response time criteria. l=an j . Changes or alterations have been required in, or incorporated into the project,or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.2 of the EIR. SC 4,10.2-1 Prior to the issuance of any grading or building permits, the project plans shall be subject to review and approval by the Orange County t=ire Authority for compliance with all applicable OCFA standard conditions, including those for access, water supply and pressure, built-in fire protection systems, road grades and width, building materials, etc. SC 4.14.2-2 Prior to the issuance of a grading permit, the developer shall have completed implementation of that portion of the approved fuel modification plan determined to be necessary by the AGFA before the introduction of any combustible materials into the project area. Approval shall be subject to an on-site inspection by OCFA. SC 4.1U-3 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-fine. When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. SG 4.1 012-4 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and all-weather fere protection access roads shall be in place and operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. SC 4,10-2.5 Prior to the issuance of any building permits, the applicant shall submit a fire hydrant location plan to the Fire Chief for review and approval. SC 4.10.2-0 Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner. Statement of Findings and Facts Plaza Banderas Hotel Project Page 24 SC 4.10.2-7 . Prier to the issuance of any building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet in width. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage; including eight, stroke and colors of the lettering and its contrasting background. SC 4.10.2-8 Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in accordance with the approved fire master plan. The CC&Rs or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes,and a method of enforcement. SC 4.10.2-9 Prior to the issuance of any building permits, if applicable, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access reads. SC 4.10.2-10 Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fore flow. The,"Orange County Fire Authority Water Availability for Fire Protection"form shall be signed by the applicable water district and submitted to the Fire Chief for approval. if sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected. SC 4.10.2-11 Prior to the issuance of a building permit, a note shall be placed on the fire master plan stating that all structures exceeding 5,500 square feet (per amendment) and all structures exceeding fire department access requirements shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. SC 4.10.2-12 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the fire Chief for review and approval. Prior to the issuance of a certificate of occupancy, this system shall be operations in a manner meeting the approval of the Fire Chief. 5C 4.10.2-13 As required by the California Fire Code (CFC), applicable structures shall have automatic fire sprinkler systems. SC 4.111.2-14 A supervised fire alarm system that complies with the requirements of the California Fire Code shall be included in the project design in an accessible location with an annunciator. SC 4.10.2-15 Access to and around structures shall meet OCFA and California Fire Code requirements. MM 4,10.2-1 Prior to approval of any final parcel map for the project, the developer shall enter into a Secured Fire Protection Agreement with the OCTA,which shall specify the developer's pro rata fair share funding of capital improvements necessary to establish adequate fire protection facilities and equipment, and/or personnel. Said agreement shall be reached as early as possible in the planning process, preferably for each phase or land use sector of the project, rather than on a parcel-by-parcel basis. Statement of Findings and Facts Plaza Banderas Hotel Project Page 25 Facts in Support of the Finding: As required by the City of San Juan Capistrano and the Orange County Fire Authority,the applicant must submit the plans for review, resulting in revisions to facilitate emergency vehicles. The project must be designed in accordance with the applicable OCFA development standards for access, fire flow, etc., which will ensure that an adequate level of fire protection can be provided to the project without impacts to existing resources. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 4. IMPACT Long-Terra impacts: If not properly designed, the proposed project could affect both access by emergency equipment and personnel and adversely affect ability of the OCFA to adequately address fire protection within the proposed development. Findinct: Changes or alterations have been required in, or incorporated into,the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.2 of the EIR. MM 4.10.2-2a All electrically operated gates necessary for emergency/fire access within the proposed project shall install ernergency opening devices as approved by the Change County Fire Authority. MM 4.10.2-2b A water supply system to supply fire hydrants and automatic fire sprinkler systems shall be incorporated into the project design as required by the San Juan Capistrano Utilities Department. Fire hydrant spacing is 300 feet between fire hydrants. MM 4.10-2.2c Turing radius and access in and around the project site and structures shall be designed to accommodate all OCFA ftreletergency vehicles and their weight. Facts in Support of the Finding: As required by the City of San Juan Capistrano and the Orange County Fire Authority, the applicant must submit the plans for review, resulting in revisions to facilitate emergency vehicles. The project must be designed in accordance with the applicable OCFA development standards for access, fire flow, etc., which will ensure that an adequate level of fire protection can be provided to the project without impacts to existing resources. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation.of the required mitigation measures. 5. IMPACT Long Term_ impacts: Although project implementation will not directly result in the generation of school-age children, the District will require that the applicant(s) pay the development fees to avoid potentially significant impacts to school facilities. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.10.2 of the EIR. Statement of Findings and Facts Plaza Banderas Hotel Ptnlect Page 26 SC 4.10.3-1 Prior to building permit issuance, the applicant shall pay the applicable statutory developer fees in effect at the time of the building permit. The current developer fees ` 7.10/square foot for residential development ($3.55/square foot if the State has adequate school construction funds)and $0.47/square foot for commercial/office uses. Facts in Support of the Finding: As required by the City of Capistrano Unified School District, the applicant is subject to the payment of the statutory fees, which will offset potential impacts to existing and future school facilities. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 6. IMPACT Short-Terra Iml2acts: Project implementation will result in short-term construction noise impacts that could adversely affect the classroom learning environment at San Juan Elementary School. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4,0, Section 4.113.2 of the EIR. Potential construction noise impacts to San Juan Elementary School are mitigated through the implementation of MM 4.4-1a through MM 4.4-1k(refer to Section 4.4, poise). Facts in Support of the Finding: All environmental effects have been substantially lessened by virtue of the measures described above, No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. 7. IMPACT Long-Term Impacts, Project implementation will result in an increase in the intensity of uses, including a hotel that would accommodate visitors to the site on a temporary basis, which may pose a potential impact to school security due to the site's proximity to San Juan Elementary School. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4,10.2 of the FIR, MM 4.10.3-2 The site plan shall be designed to incorporate defensive space measures to minimize the potential security and safety risk at the adjacent elementary school. The features that may be considered include, but are not limited to the following: A Incorporate a physical barrier between the hotel site and Spring Street, which would assist in the prevention of hotel guests wandering onto school property, causing concerns for teachers and parents. Statement of Findings and Facts Plaza Banderas Hotel Project Page 27 Provide well lighted parking lots, including video surveillance in the lobby,walkways, and parking area. Ensure that perimeters are well-lighted, which will assist in the prevention of crime. Impose conditions on bar hours of operation, advance City- required band and special activity permits, and establishing event population limits at the hotel and restaurant.. Minimize the amount of perimeter landscaping that would provide a hiding place or cover for individuals. Design the northern fagade. of the hotel to minimize direct views from rooms to the school campus. Facts in S_pgort of the Finding: Design of the proposed project to address defensive space and land use relationships of the proposed higher intensity uses with the existing school and historic uses in the downtown area will ensure that potential conflicts related to security of the students and the integrity of the downtown historic character. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measures. K. UTILITIES I. IMPACT Long-Term Impacts' No significant sewer impacts are anticipated as a result of project implementation. Preparation of the sewer plan will ensure that the proposed sewer facilities will be designed to accommodate the proposed project. No mitigation measures are required. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.11 of the El R. SC 4.31.9-1 Prior to issuance of the grading permit, the applicant shall prepare a sewer plan and submit the pian to the City's Public Works Department for review and approval. The design and construction of sanitary sewers shall be in accordance with the Standard Specifications, as last revised, and prescribed by the City of San Juan Capistrano. SC 4.19.1-2 Sewer laterals serving the proposed project shall be either four (4) inches or six (6) inches in internal diameter and shall be designed in accordance with the Uniform Plumbing Code, as last revised. Facts in Support of the Finding; Project implementation will result in the development of a mixed-use development in the City. The increase in sewage generation associated with site development can be accommodated by existing collection and treatment facilities. The sewer plan will identify the manner in which sewer collection will be provided to the proposed project in the long-term. Statement of Findings and Facts Plaza Banderas Note;Project Page 28 All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. 2. IMPACT Long-Term impacts: Project implementation includes landscaping that would create an. additional demand for domestic water in the snort term until recycled water,which currently is not available to the subject property, can be made available to the subject property. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.11 of the E1R. SC 4.11.2-1 Prior to issuance of the grading permit, the.applicant shall prepare a water supply plan for the proposed project (including water supply during construction) in accordance with City standards and submit`the plan to the City for review and approval. The water supply plan shall connect to existing facilities in the 350 water pressure zone and meet all other requirements prescribed by the City related to main,size, pressure, etc. SC 4.11.2-2 The proposed project shall comply with Title 24 and shall incorporate all applicable water conservation measures (e.g., low-flow toilets and urinals, etc,) into the proposed project to reduce the project's demand for domestic water to the maximum extent practicable. MM 4.11.2-1a Prior to the approval of the final map for the project, the applicant shall submit a public improvement plan that includes provisions for extending recycled water service to the project site to meet all landscape irrigation needs as well as those required for the toilets and urinals for the proposed project. The design and construction of on-site recycled water service shall meet all applicable State Recycled Water rules and regulations, California Plumbing Code 2009, and City of San duan Capistrano requirements/standards. The applicant shall connect to the public recycled water service system at such time as it is available at the project boundaries. MM 4.11.2-lb Project implementation will necessitate the construction of a 12-inch high pressure line connected to the 3500 zone starting at the 1-5 Freeway and El Horno; traveling to the project site then returning across the freeway to a paint at the intersection of Ortega Highway at Avenida Los Cerritos. Construction plans shall be submitted to the City for Review and approval. Facts in.Sur)Dort of the Finding: Project implementation will result in the development of a mixed-use project in the city. The increase in domestic water demand associated with site development can be accommodated by existing potable water supplies and facilities. The water plans will identify the manner in which sewer collection will be provided to the proposed project in the long-term, All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. Statement of Findings and Pacts Plaza Banderas Hotel Project Page 29 3. IMPACT Long-Term Impacts: No significant impacts to solid waste collection and/or landfill capacity are anticipated. The proposed project must comply with the provisions of the City's Source Reduction and Recycling dement. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.'11 of the El R. SC 4.11.3-1 The project applicant shall comply with the provisions of the Tri-Cities (San Juan Capistrano, Dana Paint and San Clemente) Source Reduction and Recycling Element (SRRE) adapted by the City of San Juan Capistrano to reduce solid waste by 50 percent. Facts in Support.of the Finding: Project implementation will result in the development of a mixed-use project in the City. The increase in solid waste associated with site development can be accommodated by existing landfill collection and disposal service and facilities,which have adequate capacity to serve the proposed project. All environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. L AESTHETICS 1. IMPACT Short-Term Impacts: Construction staging areas, storage of equipment and supplies, and related activities occurring on the site during construction will contribute to a generally "disturbed'condition, which may be perceived as a potential visual impact. Finding: Changes or alterations have been required in, or incorporated into the project,or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.Q, Section 4.12 of the EIR. SC 4.12.1 The proposed project shall be subject to review and approval by the Design Review Committee(ITC)and planning Commission, who shall determine compliance with the goals, policies and standards of the San duan Capistrano Architectural Design Guidelines and the project's draft Comprehensive Development Plan that promote "high-quality" urban design and aesthetic resource preservation through the City's design review process. SC 4.12-2 All street, signage, landscape, and parking lot lighting sources shall be shielded and oriented, or provided with baffled luminaires so as to prevent ligating overspill into adjacent or nearby properties in compliance with the Title 9, Land Use Code, Section 9-3.529, Lighting Standards, SC 4.12-3 Prior to issuance of a certificate of occupancy for any build inglstructure, the project developer shall submit, lighting & photometric plan(s) for all exterior lighting, which shall be subject to City review and approval. to assure that compliance with the City's lighting standards per Section 9.3- Statement of Findings and Facts Plaza Randeras Hotel Project Page 30 629 for permitted illumination within the parking areas and walkways as well as demonstrate that illumination does not create off-site light and glare, to the satisfaction of the Development Services Director or their designee, or who may refer such plans to the Design Review Committee (DRC)for review determination. SC 4.124 Site lighting shall not result in excessive illumination based on the luminance recommendations of the Illuminating Engineering Society (IES)of North America. MM 4.12-1 Prior to issuance of a grading permit, the applicant/contractor shall prepare a Construction Staging Plan that identifies the location(s) of stagin=g areas, including equipment and vehicle storage areas, stockpile areas, etc. These areas shall be located as far away from the existing view corridors as practical. In addition, the Construction Staging Plan shall also identify the manner in which the staging and equipment storage would be screened (e.g., temporary fencing, landscaping, berms, or a combination of these and other methods) subject to the approval of the Public Works Director, to ensure that the temporary visuar impacts would be minimized within the viewshed. Facts in Support of the Finding: The provision of fencing, landscaping, berms, and/or related features to buffer the construction stating areas will be effective in minimizing the exposure of the construction equipment and related construction activities when viewed from the surrounding arterial roadways,which are view corridors. All environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. V. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that an Elly describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project and to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the ". . . discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." The proposed project has been compared to several "feasible" alternative development scenarios, including the No Project alternative as prescribed by CEQA. These alternatives include: (1) No Project (Existing General Plan Land Use Designation); (2) Reduced Intensity (Reduced restaurant, office and retail floor area), (3) Proposed'Project Consistent with Existing "GC" (General Commercial) Zoning (No CDP Amendrnent/No Zone Change); and(4)Alternative Site. The analysis contained within the EIR concludes that the proposed project will result in short-term project- specific significant unavoidable adverse noise impacts that cannot be mitigated to a less than significant level. However, the potential impacts of the proposed project itself have not been found to significantly impact any sensitive environmental resource that might be avoided by development at another location. The following discussion summarizes the potential environmental consequences and highlights the comparative merits associated with each alternative identified as"potentially feasible" and analyzed in the EIR as well as the"No Project" alternative. Statement of Findings and Facts Plaza Banderas Hotel Project Page 31 A. NO PROJECT ALTERNATIVE (EXISTING GENERAL PLANy The No Project alternative would evaluate development of the site in accordance with the existing General Elan Land Use Element's "3.1 General Commercial" land use designation, which allows for a maximum floor area ratio (FAR) of 0.50 for individual lots/projects and the development of"retail, office, and service- oriented business activities serving a community-wide area and population or broader market." Eased on the maximum 0.50 FAR, this alternative would allow the development of 69,260 square feet of retail commercial floor area on the 3.18-acre property. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with the No Project alternative are similar to those anticipated to occur as a result of the proposed project, particularly those related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc. Although potential traffic,, air quality, and greenhouse gas impacts would be increased with in the alternative development scenario, necessitating the same or more extensive mitigation measures as prescribed for the proposed project. Findings Ability to Achieve Project Objectives The No Project alternative would achieve several of the project objectives, including providing tourist commercial services (e.g., retail, restaurant, etc.) to visitors to the city and it will be a landmark feature in the City and would generate revenue for the City through increase sales and property tax. The project would also be designed to complement the Mission and would promote business activity in the downtown historic area of San Juan Capistrano. However, the No Project alternative would not include a hotel and would, therefore, not provide lodging for visitors. Y Elimination/Reduction of Significant impacts Wth the exception of Land Use and Aesthetic impacts and possibly construction-related air emissions (VOCs), implementation of this alternative would not reduce any potential impacts. The project would be consistent with the land use and zoning district regulations adopted for the subject property. Most of the impacts resulting from the No Project alternative would be the same as those identified for the proposed project, including noise, cultural resources, utilities, public facilities, etc. However, it is anticipated that this alternative would result in increased traffic, which would exacerbate the impacts identified for the project and would also result in increased air pollutant and GHG emissions. Comparative Merits Although this alternative would be consistent with the adopted land use and zoning district regulations and would reduce the vertical scale of the structures within the view corridor, the No Project alternative would result in potentially greater traffic, air quality (operational) and GHG emissions impacts. This alternative is not environmental superior when compared to the proposed project and other alternatives. Findings: The subject property has been vacant since the close and removal of the hotel, gas station and restaurant that previously occupied the site. Implementation of the No Project Alternative would result in potentially cheater traffic, air quality and greenhouse gas emissions. In addition, the significant unavoidable albeit short-term noise impacts would remain. Statement o/Findings and Pacts Plaza Banderas Hotel Project Page 32 a. REDUCED INTENSITY ALTERNATIVE (REDUCED RESTAURANT, OFFICE AND RETAIL FLOOR AREA) The Reduced Intensity Alternative would include most of the same uses (i.e., hotel, restaurant and retail) as the proposed project; however, the floor area of the restaurant would be reduced from 5,747 to 4,700 square feet (i.e., approximately 1,000 square feet less). In addition, the private office floor area of 1,971 square feet located on the second floor of the proposed retail use would be eliminated, resulting in a one- story, 6,509 square foot building that could be used for office and/or retail purposes. The hotel would remain unchanged with 124 rooms (7.4,973 square feet)and three stories in height. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with the Reduced Intensity alternative are similar to those anticipated to occur as a result of the proposed project, particularly those related to public health apd safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc. In addition, potential traffic, air quality and greenhouse gas impacts from this alternative would also be reduced; however, the short- term construction impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project and would require the adoption of a Staternent of Overriding Considerations. Findings Ability to Achieve Project objectives This alternative would achieve each of the project alternatives, although not quite to the same degree as the proposed project. The Reduced Intensity alternative would enhance the downtown area and create the desired "gateway" for the City. In addition, it will complement the Mission through its design and architecture, provide services to residents and visitors to the City and serve as a landmark that would be seen from the freeway; it would also promote business activity within the historic downtown_ This alternative would also generate public revenue; however, the reduction in fluor area would result in a slight reduction in that potential revenue. Elimination/Reduction of Significant Impacts The Reduced Intensity alternative would achieve some reduction in potential impacts. In particular, this alternative would result in a reduction in vehicular trips and, therefore, less of a contribution to the cumulative impacts at the two affected intersections. It would also reduce mobile-source pollutant emissions, including GHG. It is possible that with the elimination of nearly 3,000 square feet of building floor area, VOC impacts would not occur with this alternative and the resulting short-term construction air quality impact could be less than significant. Finally, the view of the site from Ortega Highway and EI Camino Real of the development would be improved with the elimination of the second story office. Comparative Merits Implementation of this alternative would result in potentially less impacts when compared to the proposed project-related impacts. Although it is not the "environmentally superior=' alternative of those considered, the Reduced Intensity alternative would result in reduced impacts. Findin : The Planning Commission finds, pursuant to Public Resources Section,21081(a)(3), that specific legal, economic, social, technical or other considerations make the Reduced Intensity Alternative identified in the CEIR and FEIR infeasible. Statement ofFlndings and Facts Plaza Banderas Hotel Project Paye 33 Facts in.Supoort_of_the Findings: The Reduced Intensity alternative, which includes a reduction in the commercial floor area and would not necessitate a CDP or General Flan Amendment, would not generate the additional revenue to the City. In addition, this alternative would generate fewer jobs and employment opportunities in the City as reflected in the long-range goals and objectives articulated in the redevelopment plan. Finally, the short-terra noise impacts could remain significant and unavoidable. Therefore, this alternative would not be feasible for the project applicant. C. PROPOSED PROJECT CONSISTENT WITH EXISTING "GC" (GENERAL COMMERCIAL) ZONING (NO CDP AMENDMENTIZONE CHANGE)ALTERNATIVE This alternative would allow development of the site in accordance with the existing General Plan land use designation of"3.0 Neighborhood Commercial" and the existing "GC" (General Commercial) Zoning (i.e., no zone change and no general plan amendment). The proposed hotel would be a permissible use under the existing zoning but would be limited to two stories and could not exceed the 35-foot height limit prescribed by the zoning, resulting in the elimination of the third story of the proposed hotel which contains 39 hotel guest rooms, This alternative assumes that the design of the 1�r and 2"d.floors would remain unchanged and a total of 85 hotel rooms would be developed under this alternative. The development would need to comply with the General plan's current 4.50 FAR maximum permitted by the "3.1 General Commercial" land use designation, which would result in a total floor area of 69,260 square feet. With the 3'd floor eliminated, the floor area of the proposed hotel would decrease from 74,973 square feet to 57,249 GSF. Thus, the office/commercial component of the project could not exceed 12,011 square feet (maximum site floor area of 69,264 SF less 57,249 square feet of hotel use). SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Potential impacts associated with this alternative (No CDP or GPA) are similar to those anticipated to occur as a result of the proposed project, including those related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc, Land use, traffic and circulation, air quality, aesthetics, and greenhouse gas impacts would be reduced with in the alternative development scenario; however, the short-term noise impacts would remain significant, necessitating the same or similar mitigation measures as prescribed for the proposed project. As with other alternatives, this alternative would not avoid or reduce the significant noise impact, and would also necessitate the adoption, of a Statement of Overriding Considerations. Findings Ability to Achieve Project Objectives Although this project would achieve all of the objectives identified in Chapter 3.0 (e.g., enhance the downtown area with a"gateway„development, complement the Mission and historic character of the City, provide needed services to visitors and residents, serve as a landmark feature, increase the tax base, and promote business activity in the historic downtown), the potential increase in retail sales revenue would be reduced somewhat with the reduction in retail commercial floor area (12,011 square feet compared to over 14,300 square feet)and the potential hotel revenue would be significantly reduced as a result of the over 30 percent reduction in the number of hotel rooms. Elimination/Reduction of Significant Impacts This alternative would result in the greatest reduction in potential environmental impacts, although the potentially significant short-term construction noise impacts associated with the proposed project and other alternatives (with the exception of the Alternative Site) would remain. However, the reduction in building height and floor area, which result in fewer hotel rooms and retail uses, would result in reduced traffic, air quality and GG, and aesthetic impacts. In addition, it is likely Statement of Findings and Facts Plaza 6anderas Hotel Project Pace 34 that this alternative would reduce the project-related VOC emissions to a less than significant impact. Other impacts would be reduced from those identified by the proposed project; however, the mitigation measures identified for the proposed project would still be rewired. Comparative Merits With the potential reduction of the significant VGC impacts and related traffic reduction, air pollutant emissions reduction, and reduced scale development that would have less imposing appearance within the viewed, this alternative qualified as the "environmentally superior' alternative when compared to the proposed project and other alternatives, Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the Reduced Intensity Alternative identified in the DEIR and FEIR infeasible, Facts in Support of the Findings'. As indicated for the No CDP/GPA alternative, this alternative would also eliminate a portion of the commercial floor area,which would result in reduced revenue to the City and generate fewer jobs and employment opportunities in the City resulting from the reduction in floor area and hotel rooms. 'therefore, this alternative would not be feasible for the project applicant. D. - ALTERNATIVE SITE The Alternative Site alternative would result in development of the proposed project on the El Parador Motel project site, which encompasses approximately 9.1 acres east of the 1-5 Freeway north of La Novia Avenue,south of San Juan Creek Road, and east of Valle Road. The EI Parador Precise Plan, which was adopted in 1982, would allow for the development of a 304-unit hotel and ancillary facilities on the subject property. SUMMARY OF MAJOR ENVIRONMENTAL EF'F'EC"T"S Potential impacts associated with the Alternative site are similar to those anticipated to occur as a result of the proposed project, including these related to public health and safety, drainage and hydrology, cultural resources, public services and facilities, utilities, etc. Potential traffic, soils/geology, and aesthetics impacts would be increased with in the alternative development scenario, In addition, the implementation of the proposed project on the alternative site would avoid the significant short-terra noise impacts because it the site is not located near sensitive land uses. Findings E Ability to Achieve Project Objectives This alternative would achieve the fewest of the project's objectives because the El Parador site is not located within the City's historic downtown area. Although the proposed project could serve as a landmark feature, it would not serve as a "gateway" to the City's town center. Implementation of the project on the alternative site would provide needed services to residents and visitors to the City and it would also increase the City's tax base; however, the alternative location would not promote business activity in downtown San Juan Capistrano and it would not complement the Fission as intended by the proposed project. Elimination/Reduction of Significant Impacts As indicated above, implementation of the proposed project at the Alternative Site would result in the elimination of the significant unavoidable noise impacts to San Juan Elementary School; Statement of Findings and Facts Plaza Banderas!-tote!Prqect Mage 35 however, overall, this alternative would result in.the same or greater impacts than the proposed project, including potentially significant aesthetic and traffic impacts. Comparative Merits Although this alternative would reduce some impacts, including significant short-term noise impacts, the fewest project objectives would be achieve through its implementation. In particular, revitalization and enhancement of the historic downtown would not be achieved and the desired gateway" landmark to the downtown area would not occur. In addition, the EI Parador site is not owned by the project applicant and a plan to develop this site has been submitted and is pending action by the City of San Juan Capistrano. Finally,this altemative is not environmentally superior to the proposed project. Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that specific legal, economic, social, technical or other considerations make the Alternative Site identified in the DEIR and FEIR infeasible. Facts in Support of the Findings: Although the Alternative Site would avoid the significant, unavoidable adverse noise impacts that would occur during construction, the EI Parador site is not available for sale at the present time because a development proposal as been submitted to the City and is currently under review by the San Juan Capistrano City Council. Therefore, this alternative would not be feasible for the project applicant. 1/1, GENERAL FINDINGS 1. The plans for the project have been prepared and analyzed so as to provide for public involvement in the planning and CEQA processes. 2. The degree that any impacts described in the EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effects of such impacts have been substantially lessened or avoided by the standard conditions and mitigation measures set forth in the Final EIR, 3. Comments regarding the Draft EIR received during the public review period have been adequately responded to in written Responses to Comments attached to the Final EIR. Vltith the exception of Air Quality,any significant effects described in such comments were avoided or substantially lessened by the standard conditions mitigation measures described in the Draft EIR. 4. Potential air quality impacts will remain significant and unavoidable after implementation of the standard conditions and mitigation measures prescribed for the proposed project. Therefore, the City of San Juan Capistrano has adapted a Statement of Overriding Considerations (refer to Exhibit C). 1. The analysis contained in the Draft EIR of the environmental effects and mitigation measures represent the independent judgment and analysis of the City of San Juan Capistrano. Statement of Findings and Facts Plaza Sanderas Hotel Project Page 36 STATEMENT OF OVERRIDING CONSIDERATIONS PISA BAN®ERAS HOTEL SAN JUAN CAIPISTR.ANO, CA I. INTRODUCTION The City of Gan Juan Capistrano ("City") is the tread Agency under CEQA for preparation, review and certification of the Final EIR for the project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093 which provides as follows: (1) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed .project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (2) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (3) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15991. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project, Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet most of the Project objectives and none are environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City of San Juan Capistrano, acting as Lead Agency, and having reviewed the Final EIR for the plaza Banderas Hotel project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. Statement of Overriding Considerations Plaza Banderas Motel Project Page 1 Exhibit B IL SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency, however, even with implementation of the measures, the City finds that the there is no assurance that the significant impact can be reduced to less than significant level because technological or other considerations make the mitigation measures 'infeasible. The potentially significant unavoidable adverse impacts are described below and were also addressed in the Findings. Noise Although project-related construction activities would occur during the least noise-sensitive portion of the day and mitigation measures would help to reduce noise generated by construction activities, the effects of project construction activities on speech interference at the Mission San Juan Capistrano would continue to exceed the 55 dBA L,, speech interference threshold and would result in a significant noise impact at this use; however, construction-related noise will remain significant and unavoidable, necessitating the adoption of a Statement of Overriding Considerations. 111. PUBLIC BENEFITS The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Plaza Banderas Hotel project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project. 1. Project implementation will create employment-generating opportunities for residents of San Juan Capistrano and the surrounding communities through the proposed retail/commercial, office, and hotel development, which would directly create additional jobs in the City of San Juan Capistrano. 2. Site development would result in the generation of increased property taxes that would augment the City's fiscal base. The increase in property tax revenue would be available to continue to fund public services and facilities, including but not limited to police and fire protection, parks and recreation, as well as unfunded planned improvements. In addition, the project would result in increased tax increment from property taxes on improvements situated within the Community Redevelopment Agency (RDA) planning area. 3. Additional commercial development will result in additional taxable sales that contribute to sales tax revenues that help fund public services and facilities, including but not limited to police and fire protection, parks and recreation•, as well as unfunded planned improvements. 4. The Ortega Highway/1-5 node is the entry to the City's historic downtown area. The site will be defined by the high quality architectural design of the Plaza Banderas Hotel project, which will preserve and enhance the City's traditional, historic character establishers by the Mission San Juan Capistrano, 5. The Plaza Banderas Hotel will fill an existing void in the City by providing much needed high quality lodging, retail commercial, and dining establishments to serve the San Juan Capistrano's tourism industry throughout the year. The City of San Juan Capistrano hereby finds that all feasible mitigation measures identified in the Final EIR have been and will be implemented with the Project, and that any significant unavoidable effects remaining are acceptable clue to the above stated specific economic, social and other considerations, based upon the facts set forth above, in the Final EIR and in the public record of the consideration of this Project. Statement of Overriding Considerations Plaza Banderas Hotel Project Page 2 Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project San,Juan Capistrano, CA IVletitod of 'T(oinin of sctmm leu:. Mitigation Measure/Standard Gortdltion Verif€cation...' krnpl1menfation Res nsibill Land Use The Plaza Sanderas Motel pr—oTe will be reviewed for consistency with the approved Comprehensive Development Prior to issuance of Building SC d.1-1 Plan (Cpl;'), Califomia Building Code, Uniform Fire Code, and Plan Check Planning Department other applicable codes and ordinances Permit pp prior to issuance of butldin emits. Traffic and Circulation Prior to issuance of the first building permit for each phase of development, a Traffic Control Flan and Construction # Management Plan shalt be prepared and implemented during the construction phase for each improved phase. The Traffic Control Plan shall specify: t Traffic control for any street closure, detour or other disruption to traffic conditions • Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, windows,etc.)to access the site,traffic control and detours Prior to issuance of the First M 4-2-1 a and proposed construction phasing plan for the project. Plan Check Building Permit Engineering Department • Parking needs and parking areas for construction-related equipment and workman support. • Hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent streets. The Traffic Control and Construction Management Plan shall oompty with the standards established in the current California Manual on uniform Traffic Control devices (MILITCd)as well as Cit of Ban Suan Capiskrano requirements. The applicant shall be required to keep all haul routes dean and _ . M free of debris, including but not limited to gravel and dirt as a result of its operations. The applicant shall clean adjacent streets, During Grading and Contractor X i MM 42-1b as directed by the City Engineer (or representative of the City Monitoring Construction Engineering Department Engineer)of any material that may have been spilled,tracked or blcswn onto ad'acent streets or areas. 0 tv Nation Monitoring and Reporting Program Plaza Sanderas Hotel Project Page.1 .. . . �_ Methatl of Timing of SCIMM din:: Mitigation Measure/Sfandard.Candition VeriflCa.tron Lmplemer.Aa.lot Res oitsibli Hauting o€transport of oversize loads will be allowed between the hours of&30 a.m. and 11.30 a.m. only, Monday through Friday, unless otherwise approved by the City Engineer. Hauling or transport may be permitted/required during the nighttime hours, weekends or on Federal holidays. at the discretion of the City Engineer. All hauling/detivery access to During Grading and Contractor X42-1c and from the site shall be from the east on Ortega Highway, Monitoring Construction Engineering Department except during the period of time when the Ortega Highway overcrossing bridge is being reconstructed. During this period, all trucks using the 1-5 1 Ortega Highway on- and off-ramps shall be rerouted to other nearby streets_ An approved Haut Route Permit will be required by the Ci Haul trucks entering or exiting publliic streets shall at all times yield During Grading and Contractor 4.2-1d to ublictraffic. Monitoring* Construction E inoerin Department If hauling operations cause any damage to existing pavement, street,ctirb and/or gutter along the haul route,the applicant shalt During Grading and 4.2-1e be fully responsible for repairs, which shall be completed to the Monitoring Construction Engineering Department satisfacVon of the City Engin . All construction-related parking and staging of vehicles shall be During Grading and Contractor 4.2-1f kept out of the adjacent public roadways and parking tots and Monitoring Construction Engineering Department shall occur on-site. Prior to issuance of the first building permit for the proposed project, the project applicant shall pay the required Capistrano Circulation Fee Program(CCFP)fees,as determined by the City of San Juan Capistrano:based an the improvements included in the 1-510rtgage Highway interchange, which include restriping andfor widening the 1-5 NB Ramps to provide a southbound right- 4-2-2 turn lane only from Avenida Los Cerritos, restriping the second payment of CUP Fees Prior to issuance of the First Engineering Department eastbound left-tum lane on Ortega highway to a third eastbound Building Permit through lane and rest€iping the second eastbound through lane to a shared eastbound throughtright-tum lane: in addition, widen and/or rest€ipe Ortega Highway to provide an exclusive eastbound free right-tum lane, restripe the exclusive right-tum lane on Ortega Highway to a shared westbound thmughlright-turn lane and modiffy the existing traffic si nal. Prior to issuance of the first building permit for the proposed project,the project applicant shall pay the required CCFP fees,as ' determined by the City of San Juan Capistrano, based on the improvements Included in the 1-510rtega highway interchange, Prior to Issuance of the First 4.2-3 which includes restriping the southbound shared left/throughfright- Payment of CCFP Fees Building Permit Engineering Department turn lane on the 1-5 SB Ramps to a shared leftfright-turn lane; widen and/or restnpe Ortega highway to provide an exclusive " eastbound right-tum lane and a second westbound left-turn lane, and mod' the e)dstinR traffic signal. Air Quail Tire project shall cormply with SCAQMD Rule 4©2, whictr t]uring Grading and SC 4.3-1 j Field Monitoring Public WorksDepartmentrohibi#s air contaminants or other materials that cause in a Const.uction Mitigation Monitonng and Reporting Program Plaza Banderas Hote#Prcyect Page 2 Wath ad flf:: Timing of ScllY m-No. Mit` atiarr MeastrrelStandard.Condition Verification Impteinentation Responaibltl detriment,nuisance or annoyance to any considerable number Of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SoCAB_ The project shall comply with SCAQMD Rule 403, which sets SC 4.3-2 requirements for dust control associated with grading and Field Monitoring During Grading and Public Works Department construction activities (refer to Tables 4, 5 and 6 in Appendix Construction E). The project shall comply with SCAQMD Rules 431.1 and During Grading and SC 4.3-3 431.2, which require the use of low sulfur fuel for stationary Field Monitoring Construction . Public Works Department construction a ug meat. The project shall comply with SCAQMD Rule 1108,which sets During Grading and SO4.3-4 limitations on ROG content in asphalt. Field Monitoring Construction Public Works Department The project shall comply with SCAQMD Rule 1113,which sets During Grading and SC 4.3-5 limitations on ROG content in architectural coatings, Field Monitoring Construction Public Works Department The project shall comply with City of San Juan Capistrano Municipal Code Section 3-3.513, which requires During Grading and SC 4.3-6 Municipal of bust controllsuppression measures (similar Heid Monitoring Construction Public Works Department to SCAQMD Rule 403). The project shall comply with Title 24 energy-efficient design SC 4.3-7 requirements as well as the provision of window glazing, wall Plan Check Prior to Issuance of the First Pianning Department insulation,and efficient ventilation methods in accordance with Building Perrnit the requirements of the Uniform Building Code. The construction contractor shall use interior paints with a maximum volatile organic compound (VOC) content of 212 grams of VOC per liter of paint for all interior painting of all proposed project buildings. Paints that meet the low-VOC limits of South Coast Air Quality Management District Prior to Issuance of the First Contractor MM 4.3-1 (SCAOMD)Rule 1113 are known as"super-compliant paints." Plan Check Building Permit Public Works Department r A list of super-compliant VOC coating manufacturers is available at SCAQMD's website (http_Ilwww.agmd.govlprdastbrochureslpaintguide.htmi). Prior to building permit issuance,the use of super-compliant interior I paints shall be noted on buirding plans_ Noise Construction activity which includes the delivery and/or recovery of materials,supplies,or construction equipment shall be conducted in accordance with City of San Juan Capistrano Municipal Code, Title 8. Chapter 2, Section 8-2.44, Permitted SC 4-4-1 Hours of Construction Operation as follows: Monday through Fieid Monitoring During Grading and Engineering Department Friday 7:00 a.m. to 6:00 p.m.:and Saturday 8:30 a.m. to 4:30 Construction i p.m. Hauling soil to or from the site, or from one part of the project site to another, shall com 1 with San Juan Capistrano Mit€gafion Monitoring and Reporting Program Plaza Banderas HotelProject Page 3 1Viethart of... TIMI 9 of SCIf1 M No. t�ii!90ot n MeasureLStandard Condition Vit i caticrrt . Implementation Res nsiMti Municipal Code Section 8-3.19,trnport or Export as follows: The loading and transportation of earth from or to the site shall be accomplished between 7:00 a-m.and 8:00 pxn_on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday afternoon work hours may be extended up to 4:30 p.m_ only with the prior approval of the Building Official. Such approval shall be based upon the consideration of the haul routes, noise and dust factors, proximity to residences, and simiiar criteria. No earth loading or transportation strati be permitted on Sundays or on Federal holi Thec Thhe construction site supervisor(the individual with complete supervisory control over all on-site construction scheduling and activities) shall properly maintain and tune all construction equipment to minimize noise emissions. The contractor shall maintain all equipment maintenance records (originals or € copies)onsite during construction and shall allow inspection of During Grading and Construction Site Supervisor M 4.4-1a those records by authorized City staff, including Community Fielding Monitoring During Grading onstPubliu tion Site Supervisor Development Department staff or Public Works Department staff,when so requested. Violations of this provision,including failure to maintain records onsite, may be subject to administrative citation pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano Municipal Code. The construction site supervisor shall he responsible for --- assuring that all construction equipment has been fitted and maintained with properly operating mufflers, air intake i silencers, and engine shrouds no less effective than as originally equipped by the manufacturer to minimize noise During Grading and Construction Site Supervisor MM 4.4 1b emissions. Lack of or Improperly maintained mufflers, Field Monitoring Construction Public Works Department silencers, and/or shrouds on construction equipment may constitute a violation subject to administrative citation pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano Munic' al Code. The construction site supervisor shall locate and maintain the construction staging area for construction vehicles, materials and equipment on the southeastern portion of the project site as tar away as practically possible from the Mission San Juan Capistrano and the San Juan Elementary School.Ali stationary noise sources (e-g-, generators, compressors, staging areas) Durng Grading and Construction Site Supervisor MM 4.4-lc as far from noise--sensitive receptors as feasible, but at least Field Monitoring Construction Public Works Department 100 feet from existing noise-sens4jve residential land uses_ in any case, where such stationary noise sources cannot be situated at least 100 feet from existing noise-sensitive residential land uses,such equipment shall be provided with a temporary noise barrier subject to approval by the City's — truitdin t radio ins ector, Violations of this provision may be Mftatian Monitoring and Reporfing Pragmm Plaza Banderas Hotel Protect Page 4 Method of. .. . Timing of SCIMM No Verification: ntation Responsibility;: NcdGn subject to administrative citation pursuant 'to Chapter 7, Administrative Citations,of"title 1 of the San Juan Capistrano Municipal Code. Prior to the Issuance of any demolition, grading or building permit,the associated plans shalt depict the location of the construction staging area which shall be subject to the approval of the Development Services Director or his dt!�Iqnae. to the event any demolition, grading or trenchtng occurs during days when school is in session,the construction site supervisor shall install temporary sound barriers (sound blankets or plywood) along the western and northern perimeter of the site during demolition, grading, and trenching activities consistent with a temporary sound barrier plan that shall be subject to review and approval by the City. The pian shall demonstrate to the satisfaction of the City that the temporary sound barrier will reduce construction noise impacts on San Juan Elementary During Grading and Construction Site Supervisor MM 4.4-14 School to not greater than 65 dBA CNEL measured at the Field Monitoring Construction Public Works Department exterior of the school buildings. The temporary sound barriers shall have a minimum height of six feet and shall remain in place on the boundaries until the completion of the site preparation phase. Violations of this provision,including failure to secure City approval of a temporary sound barrier plan or failure to maintain "seamless" sound barriers, may be subject to administration citation pursuant to Chapter 7,Administrative Citations, of Title 1 of the San Juan Capistrano Municipal Code. Material delivery, soft haul trucks, and equipment servicing shall be restricted to the hours set forth in the City of San Juan During Grading and MM 4.4-1e Capistrano Municipal Code,Title 8, Chapter 2,Section 8-3.04, Field Monitoring Construction Engineering Department Permitted Flours of Construction Operation, and Section 8- 3.13,Import or Expom To the maximum extent practicable, construction activities will Plan Check During Grading and MM 4.4-11 be scheduled to occur during summer non-school hours so as Engineering Department to minimize noise im acts to San Juan Elementary School. (Construction Schedule) Construction The construction site supervisor shat) decrease the overall duration (number of days) of construction activities and MM 4.4-1g associated construction-noise impacts by having construction Plan Check During Grading and Construction Site Supervisor crews work a minimum of 10 hours per day but within the days (Construction Schedule) Construction Planning Department (Monday through Saturday only) and hours specified under San Juan Capistrano municipal Code Section 9 3.531. --- The construction site supervisor shall use existinglplaqned driveways Incited on Ortega Highway o: EI Camino ReaDuring Grad'sng and Construction Site Supervisor MM 4.4 1h construction vehicle access. Site access from Spring SField Monitoring Construction i Engineering Department shall be expressly prohibited. The construction site supervisor shall conduct demolition, MM 4.4-1i grading and trenching operations during non-school hours ' Plan Check Prior to Issuance of Construction Site Supervisor and/or during summer vacation when classes at San loan (Construction Schedule) Demolition Permit Engineering Department Elementary School are not in session to the greatest extent Mitigation Monitoring and Reporting Program Plaza Banrleras Hotel Project Page 5 .."Metbod.of Timing of S:CIMM No.. Miti atiors.Measureittwidard.Condition verification lrn lementation Res`onsiYaiEi practicable. if such activities must occur when classes are in - session, additional sound attenuating measures steal€ be implementer) to ensure that the classroom teaming environment is not adversely affected_ These additional measures may include but are not limited to raising the height of the temporary noise watt, placement of sound blankets at strategic locations along the perimeter of the site, and, were possible,conducting activities farther away from the school. The construction site supervisor shall coordinate the use of heavy construction equipment operations with the Principal of San Juan Elementary School to avoid noise disturbance during state or district-mandated achievement testing days. The construction site supervisor shah not allow the operation of Construction Site Supervisor heavy construction equipment during such mandated testing (luring Grading and MM -1j days. However, as an alternative, the construction site Coordination Construction paa y Juan Elementary supervisor may operate such equipment during mandated iTlerrsSchool testing days/periods if such equipment has been provided with sound blanket barriers or similar noise proofing to the satisfaction of the Development Services director or his designee. Prior to the start of construction, the construction site supervisor shall post signs,clearly visible along the three street frontages of the project site, with a contact name and telephone number of that on-site person responsible for Prior to Commencement of Construction Site Supervisor MM 4.4-1k immediately investigating and addressing construction noise Field Monitoring Grading Planning Department complaints and shall provide that contact information to the Principal of San Juan Elementary School. This signs shall be maintained until the end of all construction activities. During construction, the construction manager shall ensure that the following minimum operating distances between construction equipment and the adjacent residence to the MM 4.4-2 northwest of the project site are maintained; Field Monitoring During Grading and Construction Site Supervisor Loaded trucks and jackhammers-20 feet Construction Engineering Department Large construction equipment (equivalent to a large bulldozer)—40 feet Vibratory roller—50 feet t Prior to the approval of final building plans for the Plaza 9f Banderas hotel component, the applicant shall prepare an € acoustic study that demonstrates that the exterior noise levels at the proposed hotel pool shall not exceed 65 dBA CNEL per Prioro Approval of Final MM 4.4-3a the City's noise compatibility standards. Acoustical design Acoustic Study Building Plans Engineering Department features incorporated into the proposed project design may include exterior features to reduce noise, such as masonry walls, glass or plexiglass, subject to the review and approval under the City's design review process Prior to the approval of final building plans for the Plaza Prior to Approval of Final MN14,/#-36 l Plan Check EngineeringDepartment Banderas hotel component,the acoustic study required by MM Building Plans Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 6 Method of Timing of .. LSC1.MMN0. MItIciation MeasurelStandard,.Conditton Verification litiplementation Responsibility. 4.4-3a shall include analysis that demonstrates that the interior noise levels in habitable rooms (residential and offices) shall not exceed 45 dBA CNEL,as defined by the California Building Code. Acoustical design features incorporated into the proposed project design. which may include exterior features to reduce noise, such as bermslwalls or architectural features such as Sound Transmission Class or Outdoor Indoor Transmission Class rated windows and doors, shall be shown on all buliding plans and shall be incorporated into construction of the proposers project, The acoustic study shall include special attention to and mitigation of lower frequency of noise generated by the large number of heavy-duty trucks that traverse the 1-5 freeway and Ortega Highway.This conclusion shall be demonstrated through submission of an acoustics stud)2repared lay a qualified consultant. Public Health and Safety The City of San Juan Capistrano will require all plans for proposed uses within the project area to comply with all Prior to Issuance of Building SC 4.5-1 applicable Federal, State, and local regulations pertaining to Plan Check Planning Department the transport, storage, use andlor disposal of hazardous Perrrs� materials on the site, Brainsgo and Hydrology -- Prior to issuance of a grading permit,the project applicant shall be required to submd a notice of intent(NOI)with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future projects under the General Construction Prior to Issuance of the SC 4.6-1 Activity Storni Water Runoff Permit prior to initiation of Plan Check Grading Permit Public Works Department construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) will be prepared and will establish BMPs in order to reduce sedimentation and erosion. Priorto Planning Commission approval,the project applicant shall prepare a Water Quality Management Pian (WQMP) for the project and submit the WQMP to the City of San Juan Capistrano for approval, The WQMP shalt specifically identify Best Management Practices (SMPs) that will he used to control predictable pollutant runoff, including flow/volume-based Priar to Approval by the SC 4.6-2 measures to treat the"first flush." The WQMP shall identify at a Plan Check Planning Commission Public Works Department minimum the routine structural and non-structural measures specified in the Countywide NPDES Drainage Area Master flan (DAMP), which details implementation of the BMPs whenever they are applicable to a project, the assignment of long-term maintenance responsibilities,and shall reference the locations of structural SMPs. SC 4.6-3 Prior to issuance of a grading permit, the project applicant shalt Plan Check Prior to Issuance of the Public Works Department prepare a Storm Water Pollution and Prevention Plan (SWPPP). Grading Permit Mitigation Monitoring and Reporting Program Plana Banderas Hotel Project Purge 7 Meth odi of Tirrrn of_ SCMM No. iyllti afiohiMpOuret%andard Condition Verlficafton Implern.antatlon Reip6fiitbility- The SWPPP vnll establish BMPs in order to reduce sedimentation and erosion and prevent construction pollutants from leaving the site. The project shaft also incorporate all monitoring elements as required in the General Construction Permit. The project applicant shall also develop an erosion and sediment control plan to be reviewed and approved by the City of San Juan Capistrano prior to issuance of grading perrnit. Future site grading and construction shall comply with the Prior to Issuance of the SC 4.5-4 drainage controls imposed by the applicable building code Pian Check Grading Permit Public Worms Department requirements presciibed by the City of San Juan Capistrano_ � _.-- __ Blota ical Resources In accordance with the Heritage Tree Provision of the City of San Juan Capistrano,the project applicant shall obtain approval of a Prior to Issuance of Grading 5C 4.7-1 tree removal permit by the City for each tree that will be removed Plan Check Permit Planning Department from the site that exceeds thirty-six inches (36'1 in diameter at breast hei ht(M ). Prior to any permit issuance for grubbing, grading, tree trimminglremovai or prior to engaging in such activities that would occur between the breeding season for native birds (February 15 through July 31),the project applicant shall retain the services of a qualified ornithologist to conduct an omithological survey of the construction zone. The City will require the developer to submit a copy of the executed contract for such services prior to the issuance of any grading permits. The ornithological survey shall occur not more than seven days prior to the initiation of those gradinglconstruction activities. If the ornithologist detects any occupied nests of native birds within the construction zone, they shalt be mapped on Prior to Issuance of Grading SC 4.7-2 construction plans and the project applicant will fence off the Survey Permit Punning Department area(s) supporting bird nests with temporary construction fencing, providing a minimum buffer of 200 feet between the nest and limits of construction. {This buffer zone shall be at least 504 feet for raptors until the young have fledged,are no longer being fed by the parents, have left the nest,and will no longer be impacted by the project.) The construction crew will be instructed to avoid any activities in the zone until the bird nest(s)is/are no longer occupied, per a subsequent survey by the qualified omithologist- Alternatively, the project applicant will consult as appropriate with the USFWS to discuss the potential loss of nests of native birds covered by the MBTA to obtain the appropriate permit from the USFWS. i _ Cultural(Scientific Resources Prior to issuance of the grading permit andfor any ground- disturbing activity, the applicant shall submit a written Prior to issuance of Grading MM A.8-1a monitoring plan to the City for review and approval. The Plan Check Permit Running[?apartment monitoring plan shall spedprocedures for field observation; Mitigation Moniforing and Reporting Proc MM Plaza Banderas Hotel Project Page 8 ,Method :: : .: _ Tirningof Sf 11�ItJl No, Flit€ tion Measure15tandardQdnrfltion tCerificatlnn Implementatior ..::: Ekes nsibiE' diverting and halting grading to protect finds; notifying and consulting with concerned parties; significance evaluation of finds; treatment of finds, including but not limited to the potential need for a research design and data recovery program in the case of significant finds; and compliance with Health and Safety Code Section 7050.5 and Public resources Code Section 15464.5(#) and 5097.96 in the event human remains are encountered. The plan shall address the potential for encountering previously recorded and/or unknown sites or features. The plan shall address the possibility of the kiln feature in the upper parking lot being found to remain in plan; when grading exposes that area of the site, and shall provide for the evaluation of its current condition and significance as well as a determination by the archaeologist on appropriate treatment and/or data recovery as applicable. A qualified archaeologist(defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained by the project applicant and shall be present at pre- construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the protect site, as well as monitoring requirements.A qualified monitor(defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, and/or excavating on or below the original ground surface(inctudng during project-related off Prior to Commencement of i MM 4.$-1b site utility (natural gas; electricity, sewer, water, drainage, Meeting/Field MonitoringGrading/During Construction Planning Department communications, etc.) and roadway improvements)_ Should nonhuman cultural resources be discovered,the monitor shail 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 or other procedure identified in the approve monitoring plan_ In the event that human remains are discovered, construction activities shall be hatted or diverted until the provisions of§7050.5 of the Health and Safety Code and §55097.36 of the Public Resources Code have been implemented. _ Cluring construction/grading activities, a Native American - monitor shall observe constructionlgrading activities that result in grading, excavating, and/or trenching on or below the original ground surface(including during project-related off-site MMI 4.8-1c utility [e.g_, natural gas, electricity, sewer, water, drainage, Meld Monitoring touring Grading Planning Department j 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 Mitiga€ion Monitoring and Reporting Program Plaza Banderas Hotel Pt sect Page 9 Method of Timing of SCIMM No. Mitigation Measure/Standard Condition Vertficatiorr Implementation Ties onsibilliq evidence of human remains is discovered,the Native American monitor shall verify that the archaeologist has notified the Coroner. Prior to final inspection by the Community Development Department, the applicant shall submit evidence that final reports for any historical, cultural or archaeological resources MM 4-8-1d recovered from the project site during grading or construction Plan Check Prior to Final Inspection Planning Department have been tiled with the appropriate information repository. Reports shall Include information on disposition of resources at a suitable_repository- Prior to issuance of a grading permit, a qualified paleontologist (detirred as a paleontologist on the twist of Certified Paleontologists for Orange County) shall be retained by the Prior to issuance of Grading MM 4.8-2a project applicant and shall be present at pre�eonstn+ction Plan Check Permit Planning Department meetings to advise construction contractors about the potential occurrence of paleontological resources located on andlor in the vicinity of the project site,as well as monitoring,requirements. __.-- A qualified monitor (defined as an individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist.shall be on-site during construction activities that result in the grading and/or excavating of current surface material (Including during project-related off-site utility [e.g_ natural gas, electricity, sewer, water, drainage, Prior to issuance of Grading MM 4,8-2b communications,etc.]and roadway improvements)to monitor for Plan Check Permit Planning Department paleontological resources. Should paleontological resources be discovered,the monitor shall have the authority to temporarily halt or divert construction activities in the vicinity until the qualified paleontologist can determine 9 the resources are significant. Significant paleontological resources shalt be recovered by the _ Sobs and Geology — � All activities associated with the implementation of the proposed Prior to Issuance of Grading I SC 4.9-1hotel and retaUcommercial development shall comply with the Plan Check Engineering Department Cites Excavation and Grading Ordinance- Permit The project shall comply with alt applicable City Building Code Prior to issuance of Grading SC 4.9-2 requirements as well as those prescribed in the California Building Plan Check Permit Engineering Department Code(CBC). .— t Prior to the issuance of any grading permit,the applicant shall Prior to issuance.of Grading SAM 4,9-1a prepare an Erosion Control Flan, which shall be approved by Plan Check V Permn t Engineering Department _the Di yl�ineer or his designee. _ mm i Prior to the issuance of any grading permit,the applicant shall MM 4.9 tb prepare a Storm dater Pollution Prevention Plan (SWPPPl pian Check Prior to issuance of Grading Public Warks Department identifies specific construction and operational BMPs, Permit which shall be approved by the City Eiineer,. - I Prior to issuance of the grading permit,the applicant shall prepare Prior to Issuance of Grading MM 4.9-2a and"submit a detailed grading plan prepared by a licensed Plan Check I Engineering Department Permit } ootechnica€ engineer Then2 rosad structures shall be Mitigation fVionitonng and Reporting Program Plaza Banderas Hotel Project Page 10 Method of ` . r€M ng of: ,5C1141€4i€No. miti ation WasuretStandard:Condition ve iFrcatian Implementation Respohsiblill designed based on applicable geotechnical parameters prescribed in the report for foundation design as well as those established by the California Building Code and applicable regulations. At a minimum,on-site,structures shall be designed in aezordance with the 2007 CBC criteria identified in the Draft EIP and Preliminary Geotechnical Re rt. Corrective grading shall be required to remove and recornpad all — previously placed artificial fill soi€s; removal and recornpact the upper 2 to 5 feet of low density, older alluvium; and provide a blanket of engineered fill below the proposed site improvements. ] To satisfy the necessary removal of unsuitable soils, corrective 1 grading for each area is identified below: Corrective grading for the proposed hotel shall extend 6 feet below the existing ground surface, or 3 feel:below the bottom of proposed foundations,whichever is greater. The removal shall extend across the entire building pad, and shat} extend a minimum of 5 horizontal feet outside the edges of foundations or equidistant to the depth of fill below the foundation,whichever is greater. Corrective grading removals for the minced use building (retait(commercial)will be needed to eliminate artifiicial f€tls and place a rninimum of 3 feet of engineered fill below the bottom of the proposed foundations. The total amount of excavation (i.e., design and Corrective grading) will be MM 4.9-3a approximately 10 to 12 feet below the existing ground Plan Check Prior to Issuance of Grading Engineering Department surface in the area of the existing paricing tit,and about 6 Permit to 8 feet below the existing ground surface in the adjacent areas. The removals shall extend across the entire building pad, and shall extend a minimum o f5 horizontal feet outside the edges of foundations or equidistant to the depth j of fill below the foundation, whichever is greater. Special excavation provisions may be necessary adjacent to existing streets. Corrective grading for retaining walls shall extend six feet below the existing ground surface, or 3 feet below the bottom of proposed foundations,whichever is greater. The removal shall extend across the entire.foundation,and shall extend a minimum of 3 horizontal feet outside the edges of foundations or equidistant to the depth of fill below the foundation,whichever is greater. Corrective grading for miscellaneous foundations (Le,, swimming pool, pilaster, screen walls, patio covers, etc.) shall extend 3 feet below the existing ground surface,or 2 feet below the bottom of proposed bottom or foundations, Mitigation Monitoring and Reporting Program Plaza Sandems Hotel P=i Oct Page 71 Method of Tirriing,of sclivilm Na: NVIti daJo.rz:.ltiAeas.uret5tanriarxi Condition lterification hitt cementation Ree onstbiti whichever is greater. The removals shall extend across the t entire bottom or foundation,and shall extend a minimum of r 2 horizontal feet outside the edges of bottorns or j foundations or equidistant to the depth of fill below the foundation,whichever is greater, • Corrective grading for pavement, hardscape, and landscape areas shall extend at least 3 feet below the existing rade. Grading activities shall be continuously monitored by a project geotechn€cat consultant. Such observations are essential to Project Geotechnical MM 4.9-3b identify field conditions that differ from those identified during the Field Monitoring During Grading Consultant subsurface investigation and adjust designs to actual field Engineering Department conditions encountered. Geotechnical observation and laboratory testing shall be r performed upon completion of rough grading confirm the Field Monitoring MM 4'9 4 expansion characteristics of typical on-site soils beneath Laboratory Testing Completion of Rough Grading Engineering Department foundatlons. _All building foundations shall be designed for total settlement on prior to issuance of Building MM 4.9-5 the order of 1.R inch and differential settlements on the order of Plan Check permit Engineering Department 0.5 inch over 40 feet. Police Protection Prior to the issuance of a building permit, the project applicant shall submit the site plan for review and approval by the Orange SC 4.10.1-1 County Sheriffs Department/Police Services Department to plan Check Prior to Issuance of Building Orange County Sheriff ensure that it is designed in accordance wlth all applicable permit Department requirements of the Police Service Department,including but not limited to parking,secgq f�Ii hting,and access. - — Prior to issuance of a grading permit,the project applicant shall 1 prepare and submit a Construction Security Plan to the � OCSD/Polioe Services Department for review and approval. The friar to issuance of Grading Orange County Sheriff MRS 4.10,1-1 Construction Security Plan shall identify the provision of fencing, Plan Check Permit Department lighting andlor other measures(e.g.,security patrols,etc.)that will ill be incorporated to minimize demands on law enforcement services. The contractor shall notify the OCSDMolice Services Department in advance of any lane andlor roadway closures Prior to issuance of Grading orange County Sheriff MM 4.10.1-2 necessitated by construction activities. Written notification to Plan Check permit Department the OCSDlPo0ce Services Department shalt identify the roadway Iocationlse ment and the duration of the closure. Fire Protection Prior to the issuance of any grading or building permits, the project plans shall be subject to review and approval by the Prior to Issuance of Grading Orange County Fire SC 4.10.2-1 Orange County Fire Authority for compliance with all applicable Plan Check Permit /Authority OCFA standard conditions, including those for access, water t supply and pressure,tsuilt-in fire rotection s sterns,road rales ' lKitigbtron Monitoring and Reporting Program Plaza Banderas Hotel Project Page 12 Method of Timing of SCIt#M No. i Mitigation MeasurelStandard Condition m Verification Ins lementation Responsibility and width,building materials,etc. _ Prior to the issuance of a grading permit,the developer shall have I I completed implementation of that portion of the approved fuel SG 4,10.2-2 modification plan determined to be necessary by the OCFA Plan Check Prior to Issuance of Grading Orange County Fire before the introduction of any combustible materials into the Permit Authority project area. Approval shall be subject to an on-site inspection by OCFA. Prior to the issuance of any building permits,the applicant shall obtain approval of the Fire Chief for all ire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The pians shall include pian and sectional views Prior to issuance of Grading Orange County Fire 5C 4.10.2-3 and indicate the grade and width of the access road measured Pian Check Permit Authority f4ow4ne to flow-line. When a dead-end street exceeds 1.50 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief. _ _.. -Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead staling that water for fire-fighting purposes and alt- Prior to Issuance of Grading Orange County Fire SC 4.10.2-4 weather fire protection access Toads shall be m place and Plan Check permit Authority operational before any combustible material is placed on site. Building permits will not be issued without OCFA approval obtained as a result of an on-site inspection. i Prior to the issuance of any building permits,the applicant shall Prior to issuance of Building ©range County Fire f SC 4.10.2-.5 submit a fire hydrant location plan to the Fire Chef for review and Letter of Confirmation Permit Authority approval, Prior to the issuance of any certificate of occupancy, all fire SC 4.10.2-6 hydrants shall have a blue reflective pavement marker indicating Field Monitoring Prior to issuance of Certificate Orange County Fire the hydrant location on the street as approved by the Fire Chief, of Occupancy Authority and must be maintained in good condition by the propertyowner, Prion to the issuance of any building permits, the applicant shaii submit plans and obtain approval from the Fire Chief for fire lanes SC 4.10.2-7 on required fire access roads less than 36 feet in width. The Plan Check Prior to Issuance of Building Orange County Fire plans shall indicate the locations of red curbs and signage and Permit Authority include a dotaii of the proposed signage, including eight, stroke _ and colors of the lettering and its contrasting background. Prior to the issuance of any certificate of occupancy,the fire lanes . shall be installed in accordance with the approved fire master I Prior to issuance of Certificate Orange County Fire SC 4.10.2-5 pian. The CC,&Rs or other approved documents shall contain a Field Monitoring of Occupancy Authority fire lane map,provisions prohibiting parking in the fire lanes,and a method of enforcement. Prior to the issuance of any building permits, if applicable, the applicant shall obtain the approval from the Fire Chief for the Prior to issuance of Building Orange County Fire SC 4'10'2-g construction of any gate across required fire department access I Plan Check Permit Authority mads- _ _ Prior to the issuance of any building permits, the applicant shall SC 4.10.2-10 provide evidence of adequate fore flow. The"Orange County l=ire Field Testing Prior to issuance of BuildingLn� PermitProtection' form shall be Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 13 ....._._._ Method-W __._ Tirning of SCIIVIM No. Mitigation MeasuretStandard.Condition Verification Implementation — Responsibility signed by the applicable water district and submitted to the Fire Chief for approval, if sufficient water to meet lire flow requirements is not available, an automatic fire extinguishing system ma be required in each structure affected. Prior to the issuance of a building permit,a note shall be placed on the fire master plan stating that alt structures exceeding 5,500 SC 4,10.2-11 square feet (per amendment) and all structures exceeding fire Plan Check Prior to issuance of Building Orange County Fire department access requirements shall be protected by an Permit Authority automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in Prior to Issuance of Building Orange County Fire SC 4.10,2-12 any structure to the Fire Chief for review and approval. Prior to Plan Check Permit Authority the issuance of a certificate of occupancy, this system shall be operations in a manner meebriq.t_he approval of the Fire Chief. T ~F As required by the California Fire Code (CFC), applicable Prior to Issuance of Building Orange County Fire SC 4.10 2-13 Pian Check Permit Authori that structures shalt have automatic fire sprinkler s ems. _ �— A supervised fire alarm system tcomplies with the Prior to issuance of Building Orange County Fire SC 4.102-14 requirements of the California Fire Code shall be included in the Plan Check Permit Authority project design in an accessible location with an annunciator. SC 4-10.Z-t5 Pian Check _--- _ Access to and around structures shall meet OCFA and California ec Prior to Issuance of Building orange County Fire 1 i Fire Code re uic r rn nts. _ —-- _ Permit — Authorit Prior to approval of any final parcel map for the project, the developer shalt enter into a Secured Fire Protection Agreement with the OGFA, which shall specify the developers pro rata fair i share funding of capital improvements necessary to establish Protection Agreement Prior to Approval of Final Orange County Fire MM 4,i0_Z-1 adequate fire protection facilities and equipment, and/or Fire Fro, Parcel Map Authority personnel. Said agreement shall be reached as early as possible in the planning process, preferably for each phase or land use sector of the resal ct,ratfter than on a parcel-b pareef basis. l A#I efeetricaily operated gates necessary for emergency/fire access within the proposed project shall instals emergency Prior to Issuance of Certificate Orange County Fire MM 4,11).2-2a access devices as approved by the Orange County Fire Plan Check of Occupancy Authority Author A water supply system to supply fire hydrants and automatic fire sprinkler systems shalt be incorporated into the project design as Prior to Issuance Building orange County Fire MM 4,10.2 2b required by the San Juan Capistrano Unities Department. Fire 1 Plan Chock Permit Authority hydrant spadncl is 300 feet between fire hydrants. _ i _ Turing radius and access in and around the project site and Prior to Issuance of Building Orange County Fire �MM 4.10.2-2e structures shalt be designed to accommodate all OCFA Plan Check permit Authority firelemergency vehicles and their weicghty r School Facilities Prior to building permit issuance, the applicant shall pay the applicable statutory developer fees in effect at the time of the Prior to Issuance of Certificate SC 4.10.3-1 [Payment of School Fees Planning Department buildin g permit. The current developer fees X7.1 t7/square font for of Occupancy residential dove#opment�$3-551sguare foot ifthe State has j 1 Mitigation Monitoring and Reporting Program Plaza Bandearas Hotel Project Page 14 Method of � _. Timing of SCIMM No. Miti ation Measure/Standard Condition Verification Implementation Responsibility adequate school construction Bands) and $0.47/square, foot for commercial/office uses. The site pians shall be designed to incorporate defensive space measures to minimize the potential security and safety risk at the adjacent elementary school. The features that may be considered include:but are not limited to the following: € Incorporate a physical barrier between the hotel site and Spring Street, which would assist in the prevention of hotel guests wandering onto school property, causing concerns for teachers and parents_ Provide well lighted parking tots, including video surveillance in the lobby,walkways,and parking area. Prior to issuance of Grading Planning Department NIM 4.1€1.3.2 Plan Check Permit Orange Couuntynty Sheriff = Ensure that perimeters are weft-lighted,which will assist in Department the prevention of crime. Impose conditions on bar hours, advance City-required band and activity permits, and establishing event population limits at the hotel and restaurant. Minimize the amount of perimeter landscaping that would provide a hiding place or cover for individuals_ Design the northern fagade of the hotel to minimize direct views from rooms to the school campus. Sewer Facilities Prior to issuance of the grading^permit,the applicant shall prepare a sewer plan and submit the plan to the City's Public Works SG 4.11.1-1 1 Department for review and approval. The design and Plan Check Prior to issuance of Grading Engineering Department construction of sanitary sewers shall be in accordance with the Permit Standard Specifications, as last revised, and prescribed by the City of San Juan Capistrano_ ____ Sewer laterals serving the proposed project shall be either four(4) Prior to Issuance of Gradin SC 4.11.1-2 inches or six(6)inches in internal diameter and shall be designed Plan Check Permit g Engineering Department in accordance with the uniform Plumbing Code,as last revised, _ —.__ Water Facilities Prior to issuance of the grading permit,the applicant shall prepare a water supply plan for the proposed project (including water supply during Construction)in accordance with City standards and Prior to Issuance of Grading SC 4.11.2-1 submit the plan to the City for review and approval. The water Plan Check Permit Utilities Department supply plan shall connect to existing facilities in the 350 water pressure zone and meet all other requirements prescribed by the _ City related to main size,pressure,etc. _ SC 4#1.z_2 The proposed project shall comply with Title 24 and small Pian Check 1 Prior to Issuance of Ruildin Utilities Department____j mitigation Monitonng and Reporting Program Plaza Banderas Hotel Project Page 15 Timing of. - SCLMM No: MTt€ abonlMeasirretStandard Condition Verification: Implementation Res onsibillf. incorporate all appllcable water conservation measures(e.g.,low- Permit { flow toilets and urinals,etc)into the proposers project to reduce 1 the projects demand for domestic water to the maximum extent practicable. Prior to the approval of the final map for the project,the applicant shalt submit a public improvement plan that includes provisions for extending recycled water service to the project site to meet at landscape irrigation needs as well as those required for the toilets MM 4.91.2-1 a and urinals for the proposed project. The design and construction plan Check Prior to Issuance of Final Map Utilities Department of on-site recycled water service shall meet all applicable State Recycled Water rules and regulations,California Plumbing Code 2009, and City of San Juan Capistrano requirementsistandards. The applicant shall connect to the public recycled water service system at such time as 4 is available at the project boundaries. Project implementation will necessitate the construction of a 12- imh high pressure line connected to the 350C zone starting at the €-5 Freeway and El Homo; traveling to the project site then Prior to Issuance of Building MM 4.i t.201b returning across the freeway to a point at the intersection of Plan Check Department Utilities Department Ortega Highway at Avenida Los Cemtos. Construction plans shall be submitted to the City for Reylew and a royal. Solid Waste Facllities The project applicant shall comply with the provisions of the Tri- — Cities (San Juan Capistrno, Dana Point and San Clemente Prior to Issuance of Ce 5C 4,11.3-1 Source Reduction and Recycling Ferment(SRRE)adopted by the plan Check of Occupancy Planning Department Ci of San Juan Capistrano to reduce solid waste by2Dpercent Aesthetics The proposed project shall be subject to review and approval by the Design Review Committee(DRC)and planning Commission, who shall determine compliance with the goals, policies and prior to Issuance of Grading Design Review Committee SC 4.12-1 standards of the San Juan Capistrano Architectural Resign Pian Check Permit Planning Commission Guidelines and the project's draft Comprehensive Development Plan that promote "high-quality" urban design and aesthetic resource reservation through the C' `s deli n review rQss. . All street, signage, landscape, and parking lot lighting sources shall be shielded and orlented,or provided with baffled luminaires prior to Issuance of Building SC 4.12-2 so as to prevent lighting overspill into adjacent or nearby Plan Check permit planning Department properties in cornpifance with the Title 9,Land Use Code,Section 9-3.52p,Li titin Standards. Prior to issuance of a certificate of occupancy for any buildingistructure,the project developer shall submit, lighting& photometric ptan(s) for all exterior lighting, which shalt bE subject to City review and approval to assure that compliance prior to issuance of Certificate PlanningDepartment 5G 4'12-3 with the City's lighting standards per Section 9.3-529 for Plan Check of Occupancy p permitted illuminaflon within the parking areas and walkways as well as demonstrate that illumination dues not create off-site light and glare,to the satisfaction of the Development Services Mitigation Monitoring and Reporting Program Plaza Banderes Motet Project Page 16 Method of Timing of SClEt M No. Kit€gation MeasureiStandard Condition Verification Implementation y Res ons€bi€iter I -Director or their designee, or who may refer such plans to the _ Design Review Committee(DRCfor review determination. Site fighting shall not result in excessive illumination based on w prior to Issuance of Building SC 4-12-4 the luminance recommendations of the Illuminating Plan Check Hanning Department Engineering Society(IE S)of North America. permit Prior to issuance of a grading permit, the applicant/contractor � - shall prepare a Construction Staging Man that identifies the locatlon(s) of staging areas, including equipment and vehicle storage areas, stockpile areas, etc. These areas shall be I located as far away from the existing view corridors as MM 4,12-1 practical. to addition.the Construction Staging Flan shall also plan Check Prior to issuance of Grading planning Department identify the manner in which the staging and equipment Permit storage would be screened (e.g., temporary fencing, landscaping, berms, or a combination of these and other methods)subject to the approval of the Public Works Director, to ensure that the temporary visual impacts would be- mininzed within,the viewshed. Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 17 Pi-y P' C S w 1 grIvIl 0"�' X`. "'."VV it 2. C 5f."i �. �°{;� .�,s -' e����,� fir." �s 1 a• 1, �`4w`'S��' �. r �r 3w r # " • w CC RESOLUTION# 10-10-06-06 CONDITIONS OF APPROVAL PROJECT LOG #. General Plan Amendment (GPA) 10-001, Rezone (RZ) 10-001, Architectural Control (AC) 10-002, Grading Plan Modification (GPM) 10- 001, Tree Removal Permit (TRP) 10-003, Floodplain Land Use Permit (FP) 10-001, Tentative Parcel Map (TPM 10-001) PROJECT NAME: Plaza Banderas Hotel APPROVAL DATE: October 5, 2010 EFFECTIVE DATE: October 5, 2010 These conditions of approval apply to the above-referenced project application,described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. The subject project proposes a mixed-use development that encompasses a 74,973 square foot, 124-room hotel, approximately 14,500 square feet of commercial land uses, including 6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private office on an existing 3.18 acre property located at 26871 & 26891 Ortega Highway and generally located at the northeast comer of Ortega Highway and El Camino Real (APN124 -170 -12,14,15,16) (Applicant: Stroscher G3, Gretchen Stroscher Thomson). This project approval is based on and subject to the application materials prepared by Doug Lee, Lee & Sakahara Architects and Land Concern dated and revised to June 16, 2010 including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2,303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3, 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. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees,- and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Design Review Committee, or Development Services Director. The City Exhibit E CC Resolution#10-10-05-05 Final Conditions of Approval GPI 10-001 plaza Banderas Hotel Page 2 of 21 shaft promptly notify the applicant of any claim, action, or preceeding 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. 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 Ban Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. Approval of this project shall become effective on the date that the Ordinance adopting Rezone#10-001; Plaza Banderas Hotel Comprehensive Development Plan; Plaza Banderas Hotel Development Agreement becomes effective (i,e. City Council first reading introduction, second reading adoption, and 30 days after adoption). 7, This approval is contingent upon the concurrent approval of Tentative Tract Parcel (TPM) Map #10.001; and shall become null and void upon the expiration of said concurrent approval. 8. 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. 9. The use shall meet the standards and shall be developed within the limits established by the //Municipal Code as related to emissions of noise, oder, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 10. 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. 11. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of ]range for processing environmental documents. .� 12. All applicable approvals. and clearance from other departments and agencies shall be on file with the Building Division prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions, (IAB-BD) 13. In conjunction with these conditions of approval, the project shall adhere to and 4 comply with all Litigation Measures (MIyM's) that are listed in the Environmental Impact. Report (EIR) for Plaza Banderas Hotel mixed use Project in accordance with the Mitigation, Monitoring and Reporting Program. The following conditions of approval shall be met prior to issuance of grading permits for the project. CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas hotel Paste 3_of_21. 14_ Pay Fees and, Post Sureties. Prior to issuance of grading permit, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Cade and the Water fee schedule, as last revised, and post securities to ensure satisfactory performance of proposed on-site and off-site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, domestic water, recycled water, street, and all appurtenant improvements. (PIN-ENG) 15. Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all applicable street improvements, signing and striping, street lights, storm drains, domestic water, recycled water, sewer, recreational trails, landscape, irrigation systems, setting of survey monuments and centerline ties. (PW-ENG) 16, Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bondstsecurities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, but not limited to, street improvements, signing, signalization, striping and street lights, storm drains, domestic water, recycled water, sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide Labor and Materials Bonds/Securities for 1001% of the above estimated improvement costs as determined by the City Engineer. (PW-ENG) 17. Grading Plans. Prior to issuance of a grading permit, the applicant shall submit the required number of copies of grading plans, prepared by a Registered Civil Engineer, to the Development Services Department for review and obtain approvals by applicable departments. Conceptual grading plans.shall be subject to review by the Design Review Committee. Precise grading shall be consistent with the approved conceptual grading plan and site plan. These plans shall show, at minimum, the limits of grading, the drainage, any applicable retentionldetention basins, sewer, domestic water, recycled water, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended enough to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the orange County benchmark datum. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System (NPDES) requirements. In addition, the grading plans shall show the following information: (PW-ENG/DS) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (DS) b. Show and identify all pedestrian access ways and traffic crossings on the site plan. Crossings shall be clearly marked, lighted and identified throughout the interior of the project. Design of these areas shall be reviewed and approved by the applicable City departments and shall comply with Title 24 Handicapped Accessibility Standards and City Building Codes. Where pedestrian aisles cross driveways, enhanced paving shall be used. (DS) C. Areas to be protected from grading in order to protect environmental resources (biological, cultural, or historical), and method of protection CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel _ _ Page 4 of 21 proposed during grading operations. (DS) d. Location, height, materials and colors of any retaining walls. (DS) e. Show the location and method of screening for all ground-mounted equipment on the site plan, including but not limited to air conditioning and heating units, utility boxes, and domestic and recycled water appurtenances. All equipment shall be screened from public view. Screening shall be compatible with main structures and include landscaping where appropriate. (DS) f. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (PW-ENG/DS) g. Show on the grading plans the approved WQMP site map with all treatment control BMPs. Also, show construction notes far,all treatment control BMPs. (UTIUENV) 18. Drainage Improvement_plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and obtain approval for Drainage Improvement Plans, specific to the project. These plans shall show locations of ail existing and proposed facilities. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing downstream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, in a manner acceptable to the City Engineer. Any deviation from such requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (Pall-ENG) 19. Storm Runoff Hydraulic/hydrology Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (PW-ENG) 20. Soils/Gealo„rgy. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements for the project and preliminary pavement sections and substructure bedding/backfill recommendations. (Plitt-ENG) - 21. Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and shall obtain approval for Erosion and Sediment Control Plans, using Best CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Page 5 of 21 Management Practices prepared by a Registered Civil Engineer. These plans shall show, in accordance with the NPDES Permit, all temporary and/or permanent erosion and sediment control measures, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition. Since project area is over 1 acre, applicant must file a Notice of Intent (NOI) with the Stats, and develop a SWPPP, and meet all other General Construction Permit requirements. Applicant must provide a copy of the NOI prior to obtaining a grading permit,(PW ENG-Ulf) 22: Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement permits, for importation/exportation of soil in excess of fifty cubic yards in and out of the project site, the applicant shall submit to the City I ngineer'for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. The Haul Route Plan shall specify dates, times, and headways for hauling activities. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees to the Public Works Department. (PW-ENG) 23. Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, the applicant shall submit to the City Engineer and obtain approval for Traffic Control flans and final improvement plans for all traffic mitigation improvements, including both on-site and off-site, as identified in the approved Traffic Study prepared pursuant to City Council Policy 310. Any exception shall be subject to review and approval by the City Engineer(PW-ENG) 24, Recycling/Reduce Debris. Act of_1989_(CIWMA). Prior to issuance of grading and right-of-way improvement permits the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. Applicant must submit a Construction and Demolition (C&D) recycling plan, obtain a permit and provide a deposit prior to start of any demolition or construction. Upon completion of the project, applicant must submit a C&D recycling report and a refund request within 60 days of the final C of O, showing that 50% or more of the C&D material was diverted away from the landfill, in order to receive the refund back.(PW-EMG) 25. Properties in Flood 1-hazard Areas per FEMA . Prior to issuance of a precise grading permit, for any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design. (PW-ENG) 26, Flood Control Channel Work. Prior to issuance of grading and right-of-way improvement permits, for any portion of the project containing an earthen flood control channel, the applicant shall submit to the City Engineer, a clearance from the appropriate State, Federal, and local agency having jurisdiction over any changes to the channel. (PW-ENG) 27. Building Pad Elevations_in Flood Areas. Prior to issuance of grading and right-of-way CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-009 Plaza Sanderas Hotel Page 6 of21 improvement permits, the applicant shall provide to the Public Works Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum speck elevation required by FIA. (PW-ENG) 28. FEMA Re uirements to Revise Flood Insurance Rate Ma (FIRM), Prior to issuance of grading and right-of-way improvement permits, for any property wholly or partially located within the 100-year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA. (PW-ENG) 29. Drainage Barrier between Slo es and Streets. Prior to issuance of grading permit, the grading and street improvement plans shall indicate and show that all street sections located within 20 feet or less, from the toe of the slope of 1 p feet in height or more, are protected from underground water seepage by providing a positive drainage barrier system in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (PW-ENG) 30. Connection to City Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting 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-ENG) 31, Water Quality Management Plan LWQMPI Re uirements and Com fiance. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City's stormwater coordinator for review, and shall obtain approval for, a Water Quality Management Plan (WQMP) specifically identifying structural and non- structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff. The applicant shall obtain and follow the City of San Juan Capistrano's WQMP outline and instructions. The applicant shall also comply with all the requirements of the latest NPDES Permit, the City's Water Quality Ordinance & Local Implementation Plan and the Clears Water Act. Prior to issuance of C of O, applicant must record the Operations and Maintenance (O&M) portion of the WQMP with the County recorder's office, and provide proof of recordation to the City. Prior to issuance of the C of O, applicant's civil engineer must inspect the site and certify that all BMPs identified and approved in the WQMP have been constructed per plans. (PW-ENG) 32. NPDES Permit for Grading in Excess of one 1 Acre. Prior to issuance of grading and right-of-way improvement permits, for grading in excess of one (1) acre, 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 (1) acre of land, Evidence that this requirement has been met,shall be submitted to the City Engineer. Applicant shall place the area of site on the grading plans.(PW-ENG) CC Resolution#10-10-05-05 Final Conditions of Approval CPR 10-001 Plaza Banderas Ho#el Pa e 7 of 21 33. BMP Control. Applicant shat[ show all treatment control BMPs on the site plan, landscaping plans and grading plans. This is required so that the architect, civil engineer, and landscape architect coordinate and are aware of the BMPs. (UT1L/ENV) 34. Public facilities located in easements. Prior to issuance of grading permits, all public facilities such as drainage, sewer, domestic water, and recycled water shall be designed to be located within the public right-of-way or within dedicated easements, as approved by the City Engineer. (PW-ENG) 35. Existing.Easements, Prior to.issuance of a grading permit, applicant shalt incorporate into the project design all existing easements within the project.boundaries, or obtain abandonment of said easements from the affected easement 'holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW-ENC) . 36. Permission to Grade from Others. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer, for any necessary off-site grading, a notarized written permission from adjacent property owners affected by said offsite grading. (PSN-ENG) 37. Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW-ENG) 38. Off-site Easements. Prior to issuance of a grading permit, applicant shall obtain and record off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e. slopes, street improvements, walls, drainage, etc.). The applicant shall bear all costs for obtaining said easements. if said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely Within the project boundary as approved by the City. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (PW-ENG) 39. Resource Agency Approval. Prior to issuance of a grading permit, the applicant shall provide, to the satisfaction of the Development Services Director, written documentation indicating approval from applicable resource agencies for grading within delineated wetlands or other jurisdictional areas. (DS) 40. Archaeological Monitoring Plan. Prior to issuance of a grading permit anchor any ground-disturbing activity, the applicant shall submit a written monitoring plan to the Development Services Director for review and approval. The monitoring plan shall specify procedures for field observation; diverting and halting grading to protect finds; notifying and consulting with concerned parties; significance evaluation of finds; treatment of finds, including but not limited to the potential need for a research design and data recovery program in the case of significant finds; and compliance with Health and Safety Code Section 7050.5 and Public Resources Code Section 15064.5(f) and 50197.98 in the event human remains are encountered. (DS) CC Resolution#90-10-05-05 Final Conditions of Approval QPA 90-009 Plaza Banderas Notes Pae 8 of 29 41. Archaeological Monitoring. Prior to issuance of a grading permit, the applicant shall submit to the Development Services Department documentation that a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Grange County) has been retained, including a Native American observed sub- consultant, to monitor site clearing, grading, and excavation activities, stating the name, qualifications, and contact information for the archaeologist. (DS) 42. Paleontological _ Monitor. Prior to issuance of a grading permit, a qualified paleontologist (defined as a paleontologist on the List of Certified Paleontologists for Grange County) shall be retained by the project applicant and shall be present at pre- construction meetings to advise construction contractors about the potential occurrence of paleontological resources located on and/or in the vicinity of the project site, as well as monitoring requirements. (DS) 43. Historic Depiction Program. Prior to issuance of a grading permit, the applicantideveloper shall submit a proposed Historic Depiction Program:(HDP) to the Historic Preservation Manager for review and approval by the Cultural Heritage Commission (CHC) pursuant to City Council Policy 606, The HDP shall be integrated into the design of the project. The applicant shall have obtained CHC approval of the HDP prior to issuance of a building permit. (DS) 44. Revised Plans. Prior to issuance of a grading permit the applicant shall submit a revised site plan to the Development Services Department for approval which incorporates changes approved by the Planning Commission or City Council and that reflects consistency with these conditions of approval and with the City's Resign Guidelines. Six (6) copies of the revised plans are required, except as otherwise authorized by the Development Services Director. (DS) 45. Orange County Fire Authorit (OCFA) ApLroval, Prior to grading, street improvement plans, location of fire hydrants in the public right of way, emergency access including the spine access road, traffic/parking study, and the on-site driveway and loading zone emergency access areas of the proposed project shall be reviewed and approved by the Orange County Fire Authority (OCFA). 46. Fire_Flow Demands. Prier to the issuance of grading and right-of-way improvements permits, the applicant shall obtain from the Orange County Fire Authority (OCFA) the required fire flow demands and the fire protection requirements to serve the subject project and shall provide evidence of satisfactory fire flow to OCFA and Public Works Department-Water. (OCFA/ Pel-W) 47. County Surveyor Requirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with the County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the neva surface fallowing construction, and again file a Corner Record with the County Surveyors Office showing the final monumentation. (PW-ENG) 43. Water S stem, Prier to the issuance of grading permit, the applicant shall submit a plan for a looped domestic water system and a plan for recycled water system. The loop is to run from a POC in the 3500 system at the intersection of El Horno and the 1-5 FWY running to the development and complete the loop with a connection to the CC Resolution#10-10-05-05 Final Conditions of Approval GPA 90-049 Plaza Banderas 1-toter Page 9 of 29 3500 system again at the intersection of Ortega Hwy and Avenida Los Cerritos. The line shall be 12-inches in diameter. Since the developer cannot construct the completion of this line in the as yet unconstructed new bridge across the 1-5 FWY and Ortega Hwy; the developer is to post bond for sufficient funds for the completion of this litre by the City. Said condition to be addressed under the Development Agreement. (PW-W) 49. Water.Hydrants,. Prior to the issuance of grading permit, the applicant shall submit a plan that shows all water hydrants on the property and fire flow analysis, approved by OCFA, to Public Works -Water. (PW-W) 50. Utility Plans, Prior to the issuance of grading permit, the applicant shall submit a plan depicting all existing and proposed water, recycled water, landscape irrigation, sewer, and storm drainage systems and associated existing and proposed easements. The Utility Plans need to clearly distinguish between all existing and proposed public and private water, recycled water, and landscape irrigation improvements. Also, the plans must clearly identify any proposed public water facility relocations as required by the City's standard water specifications. To conserve and best use water, the hotel toilets are required to install low-flow toilets and waterless urinals. (PW-W) 51, Construction Staging Plan. Prior to the issuance of grading permit, the applicant shall Submit a Construction Staging Plan (CSI') that depicts where the construction yard, trailer and equipment will be located. (UD) 52. Hydrology Analysis, Prior to the issuance of grading permit, the applicant shall submit a Hydrology Analysis to the Public Works Director for review and approval. (PW-ENG) The fallowing conditions shall be completed prier to Final Map Approval. 53, Compliance. Prior to final map approval, the Map shall be developed in full compliance with the State of California Subdivision Map Act and the City of San Juan Capistrano Municipal Code as last revised except as authorized by the City Council and/or Planning Commission. (PW-ENG) 54, Pay Fees and Post Sureties. Prior to final map approval, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code and post securities to insure satisfaction performance of Survey Monumentation, Landscaping & irrigation, sewer, water, street and all appurtenant improvements. (PW-ENG) 55. Tentative Map Compliance and Closure Calculations, Prior to final map approval, the applicant shall submit to the City Engineer for review and obtain approval for a Final Map in substantial compliance with the approved Tentative Map, Said Map shall be accompanied with traverse closure calculations and an updated Title Search Report. (PW-ENG) 56, CC&R's & Pro err Owners Association POA Maintained Improvements, Prior to final map approval, the City Engineer shall determine if the applicant will be required to submit for review and obtain approval of the City's Development Services Director and City Attorney for, Covenants, Conditions and Restrictions (CC&R's) and/or property owner's Agreements which shall indicate the common access drive, parking CC Resolution#10-10-0 5-05 Final Conditions of Approval GPA 10-001, Plaza Banderas Hotel- -----.. -- Page 10 of 21 lots and all areas and facilities to be maintained by the Property owners Association. (DS - PW) 57. Street Access Release. Prior to final map approval, the applicant shall indicate and show on the Final Parcel Map the following release: "Subdivider hereby releases and relinquishes to the City of San Juan Capistrano, all vehicular access rights to Ortega HWY, EI Camino Real and Spring Street at the proposed access driveways and street intersection(s). (PW-ENG) 58. Submission of Digital Map per County Requirement. Prior to recordation of the Final Parcel Map, the applicant shall submit for review and obtain approval of the Orange County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all cost of said digital submittal including supplying digital copies to the City of the final County Surveyor approved digital map in a .PXF format. All Digital Submissions shall conform to the latest edition of the City of San .Tuan Capistrano Digital Submission Standards. (PW-ENG) The following conditions shall be completed prior to or in conjunction with the issuance of building permits, 59. Design review Committee DRC and Planning Commission Review and Anproval of Preliminary Design Plans. Prior to the preparation of construction plans and specifications, the applicant/developer shall submit the project conceptual design plans including site plans, building elevations, architectural plans, landscape plans, lighting plans (including all light fixtures), color & materials board, wall sections, and door/window schedules to the Development Services Department for review and recommendation by the Design Review Committee (DRC) and for review and final action by the Planning Commission. The Design Review Committee and Planning Commission shall assure that the conceptual design plans are consistent with the Planning Commission-approved concept-level plans and the City's Architectural Design Guidelines. The scope of the Design Review Committee's review and the Planning Commission's review of the conceptual design plans shall include but not limited to the following: ® Provide a historic San Juan Capistrano design character and avoid contemporary commercial elements in the two commercial buildings o Employ simpler, less complex wall planes u Pedestrian scale, especially in the plaza. courtyard, and semi-public open spaces a Address the scale of the tower element o Each building should be true to its architectural style to the greatest extent possible Revise the original .Spanish Colonial Revival style as necessary to provide a hisforic San Juan Capistrano design character and avoid contemporary commercial elements in the two commercial buildings and hotel. Hotel architecture: o Avoid corner cut-outs and soften building size at the gable ends; o Employ darker colors, address balcony details, window placements and use of stone or other non-plaster wall textures Landscaping to achieve: CC Resolution#10-10-05-05 Final Conditions of Approval GEA 10-009 Plaza Banderas Hotel Pae 7 9 of 21 o A substantial screen at the periphery of the site to soften views from the freeway and Ortega Highway between the hotel entrance and Del Obispo Street and buffer the hotel from San Juan Elementary School o A careful integration into the hardscape and architecture facing onto the plaza to create an appropriate interface with the Mission and the downtown area to the South. Address other details consistent with the above, provided that massing and footprints of the buildings to remain as approved by the City Council. dt Update the Comprehensive Development Plan (CDP) design guidelines consistent with the,revised design plan to be approvers by the LRC and PC, (DS) 60. Design Review Committee DRC Review & Approval of Final Construction Plans. Prior to the submission of the construction plans and specifications to the Development Services Department for Zoning Compliance review, the applicant/developer small submit said plans to the Development Services Department for review and approval by the Design Review Committee which shall have authority to determine consistency with the Planning Commission City-approved conceptual design plans established pursuant to the preceding condition. The Design review Committee may refer the final construction plans to the Planning Commission for final determination. (DS) 61. Performance __Su_rets. Prior to the issuance of any building permit, the applicant/developer shall submit a cash bond or letter of credit in the amount of $50,000 or one-half of one percent (0.5%) of the total construction cost/value, whichever is less, as surety to guarantee that the project is constructed in full compliance with the Design Review Committee (DRC)-approved final construction plans and specifications. The City shall not release the surety until such time that the Development Services Department project manager has conducted the final inspection and determined that the project has been developed and constructed in full compliance with said plans. (DS) 62. 600licable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building Division for review and approval, and shall comply with the latest City-adapted edition of the California Building Code (CBC) and other applicable building codes. (DS-BD) 63. Building ConstructionPlans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building Division for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, and/or Development Services Director (as applicable), flans shall address the following: (DS-13D) a. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. b. Location and method of screening for all roof-mounted and building-mounted equipment shall be demonstrated on the elevations, including but not limited to kitchen exhaust vents, air conditioning and heating units, utility boxes, and domestic and recycled water appurtenances. All equipment shall be screened from public view and designed to be an integral component of the building CC Resolution#10-10-05-05 f=inal Conditions of Approval GPA 10-O01 Plaza Banderas Hotel Pae 12 of 21 design. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof-mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate. c. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached, d. Location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. 64. Street Improvement Plans. Prior to issuance of building permits, the applicant shall submit to the City Engineer for review and obtain approval for Street Improvement Plans prepared by a Registered Civil Engineer. Said plans shall be designed per City standards and shall show all existing and proposed improvements, including but not limited to street grades, applicable traffic calming devices, .striping, signage, signalization, storm drain, sewer, domestic water, recycled water and all related appurtenances. In addition, the Street Improvement Plans shall show the following required improvements for this project: (PW-ENG) a. Sidewalks shall be provided along the street frontage along Ortega Highway and El Camino Real as proposed on the project site plan. Sidewalks shall be a minimum width of seven (7) feet, and shall meet all requirements for disabled access. Any deviation from City sidewalk requirements shall be reviewed and approved by the City Engineer. b. Street lights shall be provided per City standards (Mission bell fixtures on marbelite poles. 65. Caltrans Permits. Prior to issuance of building permits, any proposed improvement or work within the State right-of-way shall conform to Caltrans standards and specifications and shall require an encroachment permit from Caltrans. (PW-ENG) 66. 'traffic Control & improvement Plans. Prior to issuance of building permits, the applicant shall submit to the City Engineer for review and obtain approval for Traffic Improvement Plans prepared by a Registered Traffic Engineer. These plans shall show all striping, signage, signalization, and related appurtenances. (PW-ENG) 67. access Rights Dedication. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer, prior to recordation. (PW-EMG) 68. Sewer, domestic water and recycled Water Plans. Prior to the issuance of right-of- way improvements permits, the applicant shall submit to the City Engineer - the Public Works Director for review, and shall obtain approval for, sewer, domestic water, and recycled water plans prepared by a Registered Civil Engineer. These: plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City municipal codes, -standards, specifications, and City water standard specifications. The sewer plans shall indicate that all proposed CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Pae 13 of 21 sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant's cost to the satisfaction of the City Engineer(ENC/PW). 69. Wastewater Feasib lity_Study. Prior to issuance of building and right-of-way permits, the applicant shall submit to the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers, (PW-ENG) 70, 4n-Site Utility Plans. Prior to issuance of building permits and approval of on-site utility plans, the applicant shall obtain approval of said plans by the City Engineer, and shall obtain approval for a Site Plan prepared by a Registered Civil Engineer showing the sewer, domestic water, and recycled water service lines and their corresponding points of connection with the City public main lines. (OW-ENG) 71. Trash Enclosure. The site plan shall include the trash enclosure(s) that shall be covered with solid roof; its floor surface shall be connected to the sewer system through an inlet in the center with a traffic rated grate, and a concrete apron shall be constructed in front of the trash enclosure. The site plan shall be specific to the project which reflects consistency with the City's Sewer and Water standards. (PW- ENG) 72. © Unties. Prior to issuance of building permits and approval of dry utility plans, the applicant shall submit to the City Engineer, for review and obtain approval for, Electrical, Gas, Telephone and Cable Television Installation Plans which include the size and location of all above ground pedestal, to ensure compatibility with existing and proposed improvements, Pedestals shall be located in areas with limited visibility to the general public, and screened with landscaping 'to the extent feasible_ The applicant shall coordinate with utility providers to ensure that required public improvements are not in conflict with existing or proposed utilities, and that utility devices may be screened on the site to the extent practicable. Any exception shall be subject to review and approval by the City Engineer. (PW-ENG) 73. Water Systern Improvements. Prior to the issuance of any building permits, the applicant shall complete the construction of all domestic water system improvements, recycled water system improvements, and irrigation improvements required to serve the subject project in compliance with the Municipal Codes, standards, specifications, the City's water standard specifications, the Rules and Regulations for Users of Non- domestic Water, and California Health taws Related to Recycled Water (The Purple Book). (PW-W) 74. Water Service Connection. Prior to the issuance of a building. permit, the project applicant shall construct a separate water service connection that is adequate to provide the necessary water demand for landscape irrigation. This water service connection shall be to a City maintained water main pipeline as specified by Public Works Department-Water- These connections shall be subject to the submission, review, and approval of civil improvement plans and the landscape irrigation and plumbing plans. The facilities shall be designed in accordance with the City of San Juan Capistrano's Water Standards and Specifications, Rules and Regulations for CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Pae 14 of 2f Users of Non-Domestic Water, California Health Laws Related to Recycled Water (The Purple Book), latest edition of California Plumbing Code, and the Municipal Code § 9-3.617 (Water Conservation Landscape). The design shall include improvements that are identified for use of recycled water and shall be connected to recycled water facilities when they become available. (PW-W) 75. Water Improvement-Agreement. Prior to the issuance of permits for any water improvements, the applicant shall execute a Water Improvement Agreement with the City, shall pay all applicable domestic and recycled Water Development Charges in accordance with the Water fees Schedule of Rates and Charges, as last revised, and shall post the required securities to insure satisfactory performance of proposed public water improvements in compliance with City water standard specifications. (PW W) 76. Hydraulic Analysis. Prior to submittal of water improvement plans, the applicant shall submit a hydraulic analysis of the water system to Public Works Water, Eric Bauman, Water Engineering Manager that demonstrates the existing and proposed water system improvements will meet the required fire-flow requirements. Upgrade the onsite water system to 12 inches. (PW W) 77. Grease Interge for Gl . In Conjunction with building permit submittal, a Grease Interceptor (GI) and an internal oil retention unit will be required for proposed restaurant. Applicant should review the City's Ordinance No. 956: Use of unitary Sewer facilities by Food Service Establishments (FOG). A Wastewater Discharge Permit shall be required. Please meet coordinate with Maryam Ramsey (949) 443- 6366. (UD) 78, Sewer Im rovement Plans — SOCWA. In Conjunction with building permit submittals Developer's engineer is required to submit sewer improvement plans to SOCWA for review in conjunction with submittal to the City for review and approval. A Non- industrial Wastewater Discharge (NIWD lUs) Permit from SOCWA is required. (UD) 79. Covenant In-lieu of Dedication of Water Rights, Prior to the issuance of permits, the applicant shall record a lessee covenant that it will not develop any wells or other means of using the water rights associated with this property (hereon referred to as "Well Development"), nor shall it allow any other party to conduct Well Development, for the terra of the applicant's lease or use of the land. The Public Works Water Division or its designee shall be the sole water service provider for any and all improvements made on the land during the term of the applicant's lease of the land. The language of the covenant must be approved by the City Engineer prior to recordation. The covenant must be recorded with the County Recorder prior to issuance of building permits. (UD/PW-W) 80. Water Availability. Prior to the issuance of any building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water agency and submitted to the l=ire Chief for approval. (©CI=A) 81, OCFA Review of Architectural Buildin Plans. Prior to the issuance of a building permit, the applicant shall submit architectural plans for the review and approval of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria CC Resolution#10-10-05-05 Final Conditions of Approval CPA 10-001 Plaza Banderas Hotel Pae 15 of 21 Form.' Please contact the CCFA at (714) 573-6100 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (DCFA) 82. Fire Alarm System. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval, Please contact the DCFA at (714) 573-6100 or visit the OCF'A website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of use and occupancy. (DCFA) 83. Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval, Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Please contact the DCFA at (714)573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (DCFA) 84. Fire Access Roads. Prior to the issuance of a building permits, the applicant shall submit a Fire Master Plan and obtain approval of the Orange County Fire Authority for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and'the contrasting background. The plans shall also indicate the location(s) of all fire hydrants proposed for the project. Please contact the DCFA at (714) 573- 6100 or visit the DCFA website to obtain a copy of the "Guidelines for Emergency Access." (DCFA) 65. Hazardous Materials. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handlers on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the DCFA at (714) 573-6100 or visit the DCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." (DCFA) The following conditions shall be met continuously during construction and/or prior to issuance of any certificate of occupancy. 86. Compliance with approved plants, At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including. (PW--ENG) a. Erosion and sedimentation Control Plan, SWPPP b. Haul Route Plan c, Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(DS) f. dandling and disposal of Asbestos-Cement Pipe , appurtenances, and other hazardous materials shall be in accordance with all applicable State and Federal requirements CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Pae 16 of 21 87, Pre-construction Meeting_. Contractor shall attend a pre-construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (DS) ® 88. Drainage Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW- ENG) a. if any drainage problem is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Engineer at no cost to the City, and submit a recorded instrument.to insure the future of the solution. (PW-ENG) L Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Public Works Director and shall be subject to supplemental Geotechnical Soils Report and additional fees. (PW-ENG) 89. Grading to be continuous operation.,All grading work shall be performed in either one continuous operation or in phases that have been approved by the City. (PW-ENG; D5) 90. Waste DiSp©Sat._and_Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (PW-ENG) 91, Hazardous Materials. Removal and Disposal of Asbestos-Cement Pipe (ACP) and Hazardous Materials. Handling, hauling, and legal disposal of ACP and other hazardous materials is responsibility of contractor and shall be in compliance with all applicable State and Federal requirements. (PW-W) 92. Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(DS) 93. Temoorary Use Permit. Applicant shall obtain a Temporary Use hermit (TUP) for any construction trailer and staging areas for equipment and materials. (DS) 94. Final Building Calors & Materials Beard. Prior to issuance of any certificate of occupancy, a color and materials board shall be submitted to the Development Services Department for review and approval by the City's Design Review Committee. (DS) 95, Sign Program. Prior to the issuance of any certificate of occupancy, the applicant shall submit a sign program for the entire project to the Development Services Department for review and approval by the Design Review Committee and the City's Planning Commission. (DS) 96. Shade Analysis._ Prior to issuance of any certificate of occupancy, a shade analysis shall be submitted in conjunction with the landscape plan to the Development Services Department for review and approval by the City's Design Review CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Page 17 of 21 Committee. (DS) 37. f=inal Landscape & Irrigation Plans. Prior to issuance of any certificate of occupancy, final landscape plans shall be submitted to the Development Services Department for review and approval by the City's Design Review Committee. Plans shall include all project entries, parking areas, landscaped slopes, common open areas, etc. Final landscape plans shall show the following Information and requirements: a. Type, location, and size of all proposed new plant material. Proposed landscaping shall incorporate water conservation techniques and drought resistant plants. b. All trees on site to be removed and all trees to be preserved. All proposed tree removals shall comply with the City's Tree Permit requirements. C. Turf shall only be permitted based on a determination by the City that no other groundcover is suitable for the proposed site location and application. Where turf is permitted by the City, tuff .areas shall be separated from non-turf areas by a mow strip or header. d. All slopes of 21 and greater shall be permanently landscaped for erosion control. PI Backflow devices and utility pedestals shall be located in visually inconspicuous areas and/or visually screened with landscaping, f. Decorative hardscape and walkways indicating materials, and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. g. Location, height, materials and colors of ail proposed and existing walls and fences. h. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, required historic depiction program elements, etc. i, Design details and locations of all solid waste enclosures which shall be of decorative design and compatible with the main structures. j. Trees shall be located so as to provide shave throughout parking lots consistent with the Planning Commission-approved preliminary landscape pians, k, Landscape planters shall have a minimum interior width (measured from inside of curb to inside of curb) of five (5) feet. Where landscape "fingers' abut parking spaces, they shall not extend within three (3) feet of the aisle. A twelve (12) inch wide paved landing strip shall be provided inside the curb, wherever a landscaped planter is located adjacent to a parking space such that driver/passengers exit a vehicle into the planter. 1. Sidewalks adjacent to head-in spaces shall have a minimum width of seven (7) feet unless the parking stalls are provided with wheelstops that prevent vehicles from overhanging sidewalks. M. All landscape areas adjacent to head-in spaces shall have a minimum width of 4'-6fl feet unless the parking stalls are provided with wheelstops that prevent vehicles from overhanging sidewalks. n. All landscape irrigation system shall be designed for recycled water automatic irrigation system and shall be in compliance with the City Landscape Ordinance (PW-W) o. All landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. (DS) CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001Plaza Banderas Hotel Pae 18 of2l 98. Final Photometric Plans. Prior to issuance of issuance of any certificate of occupancy, the applicant shalt submit the final photometric plan for the project to the Development Services Department for review and approval by the City's Design Review Committee. Plans shall include the following information and meet the fallowing requirements: (DS) a. Show the location of all light standards and fixtures, free-standing and building-mounted, that illuminate the parking area and other areas accessible to the public and the proposed illumination levels in foot- candles (fc) extending ten (10)feet beyond the property line. b. Maximum and average illumination levels shall comply with the Lighting Standards of Title 9, Land Use Code. c. Building-mounted fixtures shall be mounted below the roof eaves, Free- standing (pole-mounted) luminaires shall not exceed a maximum height of 18 feet. d. Illumination shall be either metal halide or high-pressure sodium (HIPS). Mercury vapor and halogen lights are expressly prohibited, e. Shielding shall be required so that light measured 5 feet outside the property boundary shall not exceed 0.1 foot-candle. Exterior lighting fixtures that would be visible from adjacent residential areas shall be oriented so that the light source is not visible from those areas. f. Exterior lighting shall be reduced to the extent feasible during hours that the school is not in operation. g. The design of all fixtures shall be consistent with existing City-approved fixtures for the property. The City may refer any proposed fixture to the Design Review Committee (DRG) for review and approval. 99. Historic De iction Program. Prior to issuance of a Certificate of Occupancy, the HDP shall be installed and subject to inspection by the City for compliance with the Cultural Heritage Commission-approved design. (DS) The following conditions shall be met prior to acceptance of improvements, release of bonds and/or surety and final utllity clearances. 108.Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. In the case of a phased project, the provisions of this condition shall be applied to each phase (PW-ENG) 101.Provide As-Built M tars/Di ital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted- Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built' plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. Appticant shall provide all digital data in AutoCAD, or other format approved by City, using NAD 83, Zone 6. Data to be submitted shall include all utilities, dry and wet, building footprints and CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001, Plaza Banderas Hotel Pae 19 of 21 treatment control BMPs(PW-ENG) 102.Monumentation Restaged and Comer Records Filed with Count . Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (PW-ENG) 103.Record Drawings_. Prior to the acceptance of domestic water, recycled water, sewer, storm drain, and street improvements and release of performance securities, the applicant shall submit to the Public Works Director for review and obtain approval for reproducible "Record Drawing' mylar plans that call out any deviations from the signed pians of all the domestic water system, non-domestic /recycled water system, and the landscape irrigation system, sewer, These "Record Drawings" are also required in digital format, at no cost to the City,In accordance with the lajest edition of the"City of San Juan Capistrano Digital Submission Standards.' (PW-ENG) _ 104.Video Tae Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer, for review and obtain approval for, a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The video shall became the property of the City. Any exception shall be subject to review and approval by the City Engineer. (PW-ENG) 105.Replace Driveway, and Curb Depressions with Sidewalk and Curbs. Prior to acceptance of improvements and release of performance securities, the applicant shall remove any existing drives and/or curb depressions that are determined to be unnecessary by the City Engineer and shall replace them with full height curb and sidewalks. (PW-ENG) 105.Curb and Gutter Prior to acceptance of improvements and release of _ .__ performance securities, any existing sections of curb and gutter damaged during construction may require to be repaired or replaced by the applicant, depending on the condition of these improvements prior to and after construction. (PW-ENG) 107.Solid Waste Red uction/Rec clip Tana ement Pro ram. Prior to approval of final inspection of each phase, the project applicant shall coordinate with City staff and develop and implement a Solid Waste Reduction/Recycling Management Program for the project site. Features of the program shall include, but not be limited to: 1) distribution of separate receptacles for recyclables and trash throughout the project site; 2) separate dumpsters for recyclables and trash; 3) signs posted near all receptacles conveying information regarding recyclable materials; 4) sorting of trash collected throughout the project site by facilities start prior to dispensing in dumpsters; and, 5) restrictions on product type that will be offered at concessions or vending throughout the project site. (Pull-ENG/DS) 108,Ortega Hi hwa Entrance-In ress-E cess Control. Project access at the site entrance shall be limited to right-in, right-out, and left-in only and left-out shall be prohibited unless the applicant can demonstrate to the City Engineer or his designee that such movement can be made safely. The City Engineer shall specify the CC Resolution#90-10-05-05 Final Conditions of Approval CPA 10-001, Plaza Banderas hotel Pa e 20 of 21 necessary signage, pavement markings, and raised medians to provide the necessary access control which shall comply with State standards, (PVI-ENG) 109.Dedication of Water Facilities. Prior to final inspection of wafter improvements and use of the site, the applicant shall dedicate to the City, at no cost to the City, all public domestic and recycled water facilities and pertinent easements. (PW-W) 110.Installation of Landscaping. Prior to approval of final inspection (of each phase) the developer shall install all landscaping and irrigation. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plains. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown'on the Final Landscape Plan shall be installed to the satisfaction of the Development Services Department. (DS) 11 1.,Consistency with Approved Flans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/!rrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the City Planner. (DS) 112.Final Cultural ResourceReports_._ Prior to final inspection by the Development Services Department, the applicant shall submit evidence that final reports for any historical, cultural, archaeological or paleontological resources recovered from the project site during grading or construction have been filed with the appropriate information repository. Reports shall include information on disposition of resources. (DS) 113.Final Community, Development Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Development Services Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Development Services Department shall not conduct a final inspection until any outstanding balance has been paid in full. (DS) 'I 14.FireExtinguishers. Prior to final inspection by the orange County Fire Authority ® (OCFA), fire extinguishers shall be required in accordance with the Uniform Fire Code. The applicant shall contact the Fire Department for the requirements pertaining to the number, type, and placement of fire extinguishers. All fire extinguishers shall have current California Fire Marshal service tads. ((HCFA) 115.Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking — Fire Lane" as approved by the Fire Department. (OCFA) 115.Gates. Entrance and exit gates shall be equipped with an entry system approved by the Fire Department. Gate widths shall be not less than twenty (20) feet. Entrance CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas totes Pae 21 of 21 gates shall be operated by a punch pad capable of accepting a separate Fire Department code, and an "opticom" compatible gate operation system. The gate operation shall provide for periods of power outage. (OCFA) 117.Utility Undem rounding. Prior to issuance of certificate of occupancy, the applicant shall underground, at no cost to the City, the overhead utility lines within the property and along its street frontage(s) to the satisfaction of the City Engineer. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. Said condition to .be addressed under the development agreement (PW-ENG) 118.Reci rocal Parking and Access Agreement. Provide written documentation to the City Engineer showing that a reciprocal parking and access agreement has been formed to allow joint use of common parking areas and drive aisles.(PW-ENG) The fallowing ongoing conditions shall: be compiled with at all times atter cbmpletion of the-project. 119.Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (DS) 120.Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (DS) 121.Noise. The applicant shall ensure that noise levels do not exceed levels permitted by Section 9-3.531. Noise standards (residential and non-residential) of the Municipal Code. (DS) 122.f=uture Parking Demand. In the event that future land uses require additional parking, the ,applicant must obtain the necessary land use approval that demonstrates that sufficient parking is being provided for all land uses within the building or on the property. (DS) Responsible Departments/Agencies: DS: Development Services Department DS-BD: Development Services - Building Division PW-ENG: Public Works-Engineering Division PW-W Public Works-Water Engineering UD: Utilities Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Applicant Signature Date Gretchen Stroscher Thomsen (print) ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE "GENERAL COMMERCIAL" (GC) TO THE "PLANNED COMMUNITY" (PC) ZONE DISTRICT AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(EIR)FOR THE PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT (REZONE (RZ) 10-001) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Whereas, Stroscher G3, Gretchen Stroscher Thomson:has requested approval of a planning applications for a mixed-use development on the 3.18 acres located at 26871 &26891 Ortega Highway and generally located at the northeast corner of Ortega Highway and EI Camino Real and comprising of a 74,973 square foot; 124-room hotel, approximately 14,500 square feet of commercial land uses including 6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot private office; and, Whereas,the Zoning District designates the property as General Commercial (GC) and is amended to-Planned Community(PC) in order to increase development rights to accommodate a Mixed Use Retaii/Hotel project and to establish a Comprehensive Development Plan (CDP); and,. Whereas, on April 20, 2010, the City Council adopted Resolution 10-04-20- 03 initiating the General Plan Amendment (GPA) study process with respect to the Plaza Banderas Hotel project to study the proposed General Plan Amendments to the Land Use Element's land use designation; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has required preparation of an environmental impact report pursuant to Section 15081 of those Guidelines; has issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines; has reviewed all comments and has prepared responses to comments pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP); and, 1 0 974 Whereas,the Planning Commission conducted a work session on March 23, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and project team and to consider public testimony on the proposed project; and, Whereas, the Design Review Committee held a work session on April 10, 2010 to review the project details and provided extensive comments and design recommendations to the applicant and the project team; and, Whereas,the Planning Commission conducted a work session on August 10, 2010 to review the project details and Draft ElR and provided comments and design recommendations to the applicant and project team and requested further review by the City's DRG and to consider public testimony on the proposed project; and, Whereas, the Transportation Commission conducted a public`meeting on August 11, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public fleeting Procedures to consider the proposed project and Draft ElR and to consider public testimony on the proposed project; and, Whereas,the Design Review Committee held a work session on August 19, 2010 to review the project details and provided comments and design recommendations; and, Whereas,the Cultural Heritage Commission held a public meeting on August 24, 2010 to review the project details and provided comments and design recommendations; and, Whereas,the Design Review Committee held a worts session on September 2, 2010 to review conditions of approval 60, 61, and 62 and review findings for the Architectural Control application; and Whereas,the Planning Commission conducted duly-noticed public hearings on August 24, 2010 and September 14, 2010 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public fleeting Procedures, Administrative Policy 409, and Planning Department Policy 510 to consider the environmental determination and documentation pursuant to Section 15074 of the California Environmental Quality Act, and to consider public testimony on the proposed project and has considered all relevant public comments; and, Whereas, the City Council conducted a duly-noticed public hearing on. October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider public testimony on the proposed project zoning entitlements and has considered all relevant public comments; and, Whereas, the City Council conducted a duly-noticed public hearing on October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Nearing 2 0974 Procedures to certify the Environmental Impact Report pursuant to Section 15974 of the California Environmental Quality Act. NOW, THEREFORE, DE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Rezone (RZ) application for the proposed project; 1, The proposed zone change is consistent with the General Plan Land Use Policy Map and applicable goals and policies because the project consists of an amendment to the Official Zoning Map to establish a "PC" (Planned Community) Zone District. Should the City determine that the project development plans are substantially consistent with goals and policies of the General-Plan, especially the Land Use Element and Cultural Resources Element, the proposed Comprehensive Development Plan would implement those goals and policies. As previously noted, to the extent the project is designed to complement the existing development standards and land uses in the downtown area, and incorporates architecture that is complimentary and sensitive to the adjacent cultural resources, the project furthers a number of fundamental goals and policies of the General Plan Land Use Element. 2. The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix because the proposed amendment to the Official Zoning Map is consistent with the Title 9, Land Use Code provisions established by Article 1 and Table 2-1.The singular proposed map change is to the 3.18 acre site, while the Comprehensive Development Plan would create development standards for the entire proposed project area. In terms of the amendment to the Official Zoning Map, the change from "GC" (General Commercial)to"PC" (Planned Community)results in development standards that is specific to the project site and that need to reflect compatibility with the downtown Mission District. However, the detailed planning and land use provisions of the Plaza Banderas Hotel CDP need to implement the City's requirements and policies. Staff have reviewed the Draft CDP and determined that with staff-recommended revisions, the CDP would be consistent with the applicable provisions of the Title 9, Land Use Code. 3. The proposed zone change is suitable for the land lases permitted within the proposed zone district because the Comprehensive Development Plan amendments will allow the City to specifically regulate land use and development standards so as to implement the City-approve development plans for the project site in a manner consistent with the goals and policies of the General Plan. 4. The uses allowed by the proposed zone change will be compatible with existing and planned uses on surrounding properties and the community in general because the uses that are proposed within the Comprehensive Development Plan are similar to the uses that previously existed on the site and more specifically are complimentary 3 0974 to the uses that are permitted within the General Commercial (GC) and Tourist Commercial (TC) Zone Districts. 5. The proposed zone change is reasonable and beneficial at this time because a Development Agreement is anticipated to be submitted which will establish various provisions to guarantee the performance of the applicant/developer in fulfilling obligations. SECTION 2. Ordinance Amendment. The Official Zoning Map of the City of San Juan Capistrano, CA 92675 is hereby amended as provided by Exhibit A attached hereto and incorporated herein; and furthermore, the Plaza Banderas Hotel - Mixed Use Development Comprehensive Development Plan(CDP) is hereby adopted as provided by Exhibit"B" attached hereto and incorporated herein. SECTION 3. Effective Date, This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adaption,the City Clerk shall cause to be published the aforementioned summary and shall past a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. . --� PASSED, APPROVED AND ADOP E�thfs ay of October, 2016, DR. LONDRES USO, MAYOR AT 'E WA MIS Rlk ClIX CLERK .4 0974 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy. of Ordinance No. 974 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of October 2010 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 19th day of October 2010 by the folloyVing vote, to wit: AYES. U CIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso NOES 0 NCIL MEMBERS: Norte ABSEN O NCIL MEMBER • None If` otlMA , CITY ERK STATE OF CALIFORNIA � j COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 'loth day of October 2010, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE "GENERAL. COMMERCIAL" (GC) TO THE "PLANNED COMMUNITY" (PC) ZONE DISTRICT- AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) OR E PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT (REZ Z) 10-001) r This document was posted in the Office of theCit I k f l MARIA S, Cl LERK San C pistrano, Iifornia 5 0 974 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) ..�. If MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. Can the 20t'day of October 2010 1 caused to be posted a certified copy of Ordinance No. 974, adopted by the City Council on October 19, 2010 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE.OFFICIAL ZONING MAP FROM THE "GENERAL COMMERCIAL" ( C) TO THE "PLANNED COMMUNITY" (PC) ZONE DISTCT ND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(41 ) F R THE PLAZA BAN DERAS HOTEL MIXED USE DEVELOPMENT (RE , E (RZ) 10-001) This document was posted in the Office of the Gt* erk MAR A 1S, CIT CLERK San Juan Cpistrano, lifornia 6 0974 G YLi�gA SY P L1.. U3 P T' Vin.Sr cl. Exhibit 'W' Rezone (RZ) 10-001 Plaza Banderas Motel Amending the zoning classification of the project area from General Commercial.(GC) to Planned Community (PC). EXHIBIT A : ° : r , t s. : Plaza Banderas COMPREHENSIVE DEVELOPMENT PLAN City of San Juan Capistrano troscher G3, LLC Gretchen Stroscher Thomson, President Prepared by N CIVIC SOLUTIONS July 2010 COMPREHENSIVE DEVELOPMENT PLAN ST "OSOHER G3 LLC, MIXED-USE DEVELOPMENT PROJECT TABLE OF CONTENTS HEADING TITLE PAGE CHAPTER 1 Introduction Section 1.1 Purpose 6 Section 1.2 Organization 6 Section 1.3 Project Description 7 Section 1.4 Planned Community District Project Area 7 Section 1.4.1 Project Area Location and Boundaries 7 Section 1.4.2 Existing and Proposed Zoning 8 Section 1A.3 Existing and Proposed General Plan Land Use 8 Section 1.5 CEQA Compliance 8 . CHAPTER 2 Development Plan Section 2.1 Goals, Objectives, Issues 12 Section 2.2 Development Plan Description 12 Section 2.2.1 Design &Architecture 13 Section 2.2.2 Site Design 13 Section 2.2.3 Landscaping 14 Section 2.2.4 Construction &Phasing 14 CHAPTER 3 Comprehensive Development Plan Regulations Section 3.1 Purpose and Intent 21 Section 3.2 Administration/Applicability 21 Section 3.2.1 Amendments to COP 21 Section 3.2.2 Conditional Use Permit/Public Hearings 21 Section 3.2.3 Amendments to Comprehensive Development Plan 22 Section 3.3 Definitions 22 Section 3.4 Related Land Use and Building Codes 22 Section 3.5 Comprehensive Development Plan Regulations 22 Section 3.5.1 General Provisions 23 Section 3.5.2 Permitted & Conditionally Permitted Uses 23 Section 3.5.3 Site Development Standards 26 CHAPTER 4 Architectural Design Guidelines Section 4.1 Introduction 35 Section 4.1.1 Overall Goals 35 Section 4.1.2 Architectural Design Exceptions 36 Section 4.2 design Standards 36 Section 4.2.1 General Standards 36 Section 4.2.2 Design Standards 43 Section 4.2.3 Hotel Standards 52 APPENDIX Appendix "A' Architectural Style Sheets Appendix "B" Plaza Banderas Architectural Elevations Appendix "C" Project Plans EXHIBITS Exhibit No. Title Pag� Exhibit 1-1 Location/ViolnRy Map 9 Exhibit 1-2 Existing and Proposed Zoning 10 Designation Exhibit 1-3 Existing and Proposed General 11 Flan Land Use Designation TABLES Table 1 Land Use Matrix 21 Table 2 Sign Standards Matrix 27 Chapter I - INTRODUCTION and downtown areas. The development regulations are contained within Chapter 3 of this document. When adopted, Section 1.1 - Purpose this CDP will become the zoning for the Planned Community (PC) to be applied to the Plaza Banderas project area and will The purpose of the Comprehensive Development Plan (CDP) ensure that future development will be implemented in is to provide for the development of a planned community accordance with the General Plan, the Development Plan, and consisting of a hotel and a variety of office, service, museum, the City's Design Guidelines. gallery and retail uses. It is designed to integrate with the surrounding community and to encourage the use of modern Section 1.2 - Organization land planning and design techniques that will facilitate creating a development that will add to the amenities and mix of uses The CDP is organized in the manner listed below and sets currently in downtown San Juan Capistrano. The site has forth the regulations and requirements governing the direct freeway access and will provide a quality shelter for development of the CDP Area: visitors to the downtown along with complementary services. • Chapter 1 - provides a general introduction, purpose The site design will promote walkability from the hotel to the and intent statement, a project description and a mission and into the downtown area. The development is discussion of the related land uses. designed to reduce conflicts between the needs of pedestrians • Chapter 2 - provides a purpose and intent statement, and vehicle accessibility, creating a clear and safe path of applicability, definitions, related zoning and building travel within the project with connectivity to the mission and cedes, and adoption and amendment procedures, downtown, and to provide public open space and recreation • Chapter 3 - contains the specific development areas with a sense of romance and historic park feeling. regulations (i.e., setbacks, parking requirements, etc,) for the Planned Commun Ry project area. In accordance with the Planned Community District regulations Chapter - contains specific design criteria (i.e„ outlined in Section 9-3.315 of the City of San Juan Capistrano architectural style, architectural design elements; Zoning Ordinance, adoption of a CDP will facilitate the landscaping) and incorporates those sections of the development of the Planned Community (PC). City of San Juan Capistrano design guidelines that are applicable to the CDP area. .It is the purpose and intent of this CDP to provide for a diversity of uses, site-specific development standards and Section 1.3 - Project description building relationships to achieve a coordinated and well- planned development project in compliance with the General Plaza Banderas will -consist of an approximately 73,000 Plan. Additionally, the CDP will outline proper land use square-foot hotel comprised of 124 guest rooms and an regulations, permitted and conditionally permitted uses to approximately 14,500,square-foot commercial center with insure that they are regulated in a manner that will result in a retail and restaurant uses on the ground floor, and a small high quality planned community that is compatible with, and private office on the second floor, The project will be complements, the existing historic uses in both the immediate developed in compliance with the City of San Jan Capistrano Comprehensive Development Plan . _ , General Plan and this CDP to provide for the orderly Highway on the south, El Camino Real on the west, Spring development of the project site, and to allow for a variety of Street on the north and Interstate 5 freeway on the east(refer permitted and conditionally permitted land uses designed to Exhibit 1, Page 9). The parcels that comprise the project within a modern, urban development concept. Further, the site are identified as Assessor Parcel [`Jos. 124-17-012, 014, project will be designed to promote and complement the 015, and 010. Together they create a project area that is existing land uses and historic buildings in the immediate approximately 3.18 acres in size. vicinity and within the downtown area in general. Immediately adjacent to the mission, this project has been planned as the The project site currently contains a public parking lot (used gateway to the City of San Juan Capistrano's historic frequently by downtown visitors), a Stroscher Companies downtown. The design draws its influence from the history of temporary site office and vacant land. The site formerly San Juan Capistrano and the Spanish Colonial Revival contained a small motel, a service station and a restaurant. architecture[style that will complement and enhance the visual Adjacent to the project site is Mission San Juan Capistrano to sense of history of the Mission San Juan Capistrano. the west, the San Juan Elementary school to the north, and to the south across Ortega Highway is a service station, a public The proposed development project requires a change to the parking lot and a drive-through restaurant. General Plan Land Use and Zoning from General Commercial (GC) to Planned Community (PC), as well as approval of a Section 1.4.2: Existing& Proposed ZQnina Designation CDP to establish development standards and design guidelines for implementation of the PC. Other supporting All properties contained within the boundary of the existing applications include a Tentative Parcel Map to consolidate project area are currently zoned General Commercial (GC).) several parcels into a single lot, a Grading flan Modification to The intent of this proposal is to change the land use and accommodate grading the site, Architectural Control for zoning from their current designations to a Planned specific architectural review, a Site Plan Review for Community (PC) District to facilitate the adoption of the Plaza compliance with City Plan documents, a Sign Program Banderas CDP. Exhibit f#1-2 illustrates the existing & (Business Sign Regulations Permit) to establish signage and proposed zoning designations for the project site. sign regulations, a Tree Removal Plan for conformance with the City's regulations for tree removal, OCFA review and a Section 1.4.3: Existing & Proposed General Plan Land Use Water Quality Management Plan (WQ MP). Designation Section 1.4 Planned Community District Project All properties contained within the boundary of the existing Area project area presently have a land use designation of General Commercial (LU 31) The intent of this proposal is to change Section 1.4.1: Project Area Location and Boundaries the land use and zoning from their currentdesignationsto a Planned Community (PC) District to facilitate the adoption of The Planned Community project area referred to within this the Plaza Banderas CDP. Exhibit #1-3 illustrates the existing CDP includes the properties generally located between Ortega &proposed land use designations for the project site. .Com prehensive Development Page 7 shall apply to all development within the proposed project Section 1.5 - CECA Compliance area, and all applicable mitigation measures adopted in the EIR shall apply to each development activity within the project Development of the Plaza Banderas CDP shall cbrnply with all area. It is the responsibility of the City of San Juan Capistrano applicable requirements of the California Environmental to ensure that all environmental requirements and mitigali€ Quality Act (CEQA) Guidelines for Environmental Impact measures applicable to this CDP are implemented in Reports (EIR's) in compliance with .Public Resources-Code, accordance with state law as the project site develops. .Section 29000 et seq. The EIR certified as part of this CDP boo EXHIBIT 1-1 Locati©nNicinit Ma QUIT 4 b k11?lip join in vs r Yt.. 1 .. - 170 1 Zvi F 3' not � _ x ijuiqt X 1 BONN, uh S � Ari w� ;. .: P iaR d a :..... If �x J01 a'--n H ' EXHIBIT 1-2 Existing and Proposed Zonincl Designation P& ` ? I r5 � , ;x GOA r Giv3S Pi" i# t g, Existing Zoning Proposed Zoning -Comprehensive D- . . o EXHIBIT 1-3 Existing and Proposed General Plan Land Use Desi nation n s � Y.. � { ��✓ray l•' � ����tV -' U-- S 3 r Existing Land Use 999333 Proposed Land Use r ,,. (LANG USE D SIGNA-TIO 0S t ,u:.� 4 iE'^e. �ti c_.Srrt. ?' �_'t y j%' ..., •- :s... ,S f�:rr r 3,. -q'. sr ti,14.,I.t firvw h?r ...�� �.d: '�i�-� -A!r).w �>.?:».r"i � ........... ............. CHAPTER 2 - Development Plain public water lines serving the project site do not have sufficient pressure to serve the proposed 4-story hotel and must be upgraded. This will be addressed and coordinated with all City Section 2.1 - Goads, -Objectives, Issues departments, public agencies and other organizations concerned. A project traffic study will be required to assess The Plaza Banderas project has been in the same family impacts on the existing transportation system. ownership for over 100 years and the property will stay in the Section 2.2 - Development Plan Description family when built. Plaza Banderas is being designed to complement the Mission with its Span ish Colonial Revival style architecture from the Mission period, and also to become a The design and construction of Plaza Banderas will be unique landmark that instills pride in the community. and particularly sensitive to San Juan Capistrano's history. The superior quality of the development will include prominent Plaza Banderas goals include: California friendly landscaping, and a garden plaza connecting Contributing to the tax base of the City through hotel the hotel with restaurants and shops. Plaza Banderas is transient occupancy taxes, retail sales taxes and property intended to attract residents, local clientele, as well as tax, providing a unique hotel, dining and shopping experience for • Providing new jobs, out of town guests and vacationers. Providing needed quality lodging for residents' guests and Mission visitors, and The Plaza Banderas project encompasses the development of • Providing event space for weddings, graduations, and an approximately 73,000 square-foot 124-room hotel at the special occasions. north side of the site and a commercial development of approximately 14,500 square feet at the corner of Ortega and Issues have been identified that will be addressed in the ©e- El Carina Real. There will be caf€: dining and an event velopment Plan. The project site and surrounding area is his- center in the hotel with other amenities such as an outdoor torically, culturally and archaeologically sensitive due to the swimming pool and Jacuzzi, exercise room, media room, presence of the Mission and various historic and archaeologi-- restaurant, and laundry facilities. The commercial component cal sites and is subject to the requirements of Senate Bill (SB) consists of approximately 6,800 square feet of retail, 6,000 18 regarding Native American consultation. The adjacent mis- square feet of restaurant, and 1,800 square feet of private sion, Mission San Juan Capistrano, is listed in the National office(owner occupied). The Conceptual Development Plan is Register of Historic Places, and the Stroschein House on the illustrated in Appendix "C„ Exhibit C-1. corner, not a part of the project, was considered by the Call- fornia Historical Resources Commission in July 2009 and added to the National Register. It is still waiting for confirma- tion from the Keeper of the National Register.A part of the project area is located within the 104-year flood zone. The existing Comprehensive Developg' 12 j y Section 2.2.1: Design &Architecture Key components include an internaifexternal pedestrian circulation system that conned the public spaces, The design of the proposed Plaza Banderas project draws its commercial center and the hotel and also includes connectivity inspiration from the historic heritage of San Juan Capistrano to the mission and additional downtown facilities. The and the Spanish Colonial Revival architectural. Spanish circulation pattern for automobiles will be free flowing and Colonial Revival architecture is characterized by.generous use clearly identified. It will not interfere with the pedestrian of light colored plaster walls, arches and sculpted corbels, circulation systems. Directional signage indicating clear paths "Mission" the roofs, exposed wood rafters, recessed windows of travel will be clearly displayed.The Spring Street cul-de-sac with wood header beams, and terraces with overhead wood will be maintained as City property. trellises, balconies delicately appointed with ornamental iron works and accented areas with colorful ceramic tile in-lays. There are 385 parking spaces to serve the development. Architectural Style sheets have been prepared which show the Project parking will be available throughout the property. All principal elements of the Spanish Colonial Revival project parking will be surface parking at grade. Parking lot Architectural style. The We sheets are included as lighting will be directed downward, away from adjacent attachments in Appendix"A". properties and public rights-of--way preventing spillover onto adjoining property,streets,or skyward. The exterior facades and rooffines are highly articulated to create visual interest, with exciting shadow lines and pedestrian friendly scale, consistent with the architectural Section 2.2.3. Landscaping style. To further reduce the bulk and mass of the buildings, the second floor of the retail building is conspicuously stepped The landscape palette will be designed in consideration of the back away from the ground floor facades, creating in effect, a City's preferred California friendly and drought tolerant plant one-story base structure. The ground floor retail spaces will palette (Top 50 Native plants, SEN iffy Fifty"). The project will be be further appointed with colorful Banderas (flags) and designed with low water use, recycled water, irrigation overhead vine laced trellises. The goal of both the owner and systems to the maximum extent practicable, and with the the design team is to achieve design excellence through inclusion of smart timer(s), rain shut off valves and moisture attention to detail to ensure that the authenticity of the sensors. architectural style is not compromised_Architectural Elevations are shown in Appendix B. Plaza Banderas' courtyards, verandas, and patios are synonymous with the architectural style of a romantic period in Section 2.2.2: Site Design early San Juan Capistrano _history. Landscaping will be comprised of California friendly plants that lend themselves to The main project entrance/access from Ortega Highway will be the authenticity of the architectural style such as bougainvillea, a right-in and a right-aut for traffic safety with additional access antique roses and select species that have adapted to to the development on both El Camino Real and Spring Street. California's gardens of today.The utilization of terra cotta and Comprebansive : : -Page Jill I Jill 11111111111111111 JIIIJJJ�11111:111���� Fund-wrought iron continues the connection to the past with the procedures and requirements outlined in Section 9- characterized by the natural landscape design. The 2.323 of the Zoning Ordinance. Landscape Concept Plan is illustrated in Appendix "C", Exhibits C-2a through C-2e. Section 2.2.5:Construction&Phasing Section 2.2.4:Grading The owner of the property, Stroscher G3 LLC, is proposing to construct the project in one phase. The commercial and hotel Prior to any grading occurring on the project site, the property components may not be completely concurrent but both owner shall submit a grading plan to the City in compliance buildings are planned for completion within one year of each other. Oomprehensive . . CHAPTER 3 - Comprehensive Development Section 3.2.1: Architectural Control Review Plan Regulations Any development plan submitted under this CDP must be submitted for Architectural Control(AC) approval. Section 3.1 - Purpose and Intent The conceptual development plan submitted for City approval concurrently with this CDP is subject to Sec. 9-2.313. of the Zoning Ordinance, Architectural Control review. The AC for The purpose and intent of these Comprehensive Development . Plaza Banderas is being processed concurrently with this Plan (CDP) regulations is to provide for : the orderly CDP. development of all the components within the proposed project site, outline a list of permitted and conditionally permitted land Section 3.2.2: Conditional Use-Permit/Pu_blic Hearings uses and establish the framework for how the project site will be developed in accordance with the General Plan and Zoning Certain land uses listed in this CDP are required to obtain a Ordinance. f=urther, these regulations are intended to facilitate conditional use permit. When a conditional use permit is the use of modern land planning techniques in a mixed-use required the processing of such permit shall be in accordance design concept to create a high quality, well-designed with the procedures outlined in Section 9-2.31.7 of the Zoning development project with land uses that are compatible with Ordinance. and will complement the historic downtown area. When a land use specified within this CDP requires a public Section 3.2 - Administration/Applicability hearing, it shall be in accordance with the provisions and procedures outlined in Section 9-2.302(f) of the Zoning The regulations and procedures contained within this CDP Ordinance. shall apply to all development activity within the project area. Development of each building shall comply with the Section 3.2.3: Comprehensive Development Plan Amend- development regulations and design criteria contained within ments this document. The property owner may from time to time desire to amend the Where specific regulations are not addressedin this CDP, all CDP due to market conditions, economic conditions, etc. other regulations of the San Juan Capistrano Municipal Code Approval of an amendment to fhe plan rests with the Planning shall govern. In the event of any conflict between the Commission. The Planning Commission must determine that provisions of this CDP and provisions of The San Juan the proposed amendment is . consistent with the overall Capistrano Municipal Code, the requirements of this CDP shall purpose and general design of the originally adopted CDP. If apply. this finding can be made,the Planning Commission may �Cornprehens�ive Development . • - approve the amendment by resolution. The amended CDP of the San Juan Capistrano Land Use Code, except in cases shall then become the speck CDP associated with the where a development regulation is not addressed in the CDP, adopted PC district designation on the Official Zoning Map. the appropriate provisions of the San Juan Capistrano Cade shall regulate. If the Planning Commission determines that the proposed amendment is not consistent with the overall purpose and 3,5.1: General Provisions: general design of the originally adopted CDP, or there will be any alteration of land boundaries, the Planning Commission A) Individual development projects proposed as part of may direct the property owner to submit the proposed this CDP shall be consistent with the provisions of amendment, together with a new district change petition, for this CDP and shall be subject to the development processing pursuant to the provisions of the Zoning review procedures of the Zoning Ordinance of the Ordinance. City of San .Juan Capistrano. Project plans required for development review of projects within this CDP Section 3.3 - Definitions shall include: The terms used within this CDP shall have the same meaning Site plans or development plans as those described in Appendix A of the San Jean Capistrano • Grading plans Municipal Code:. 0Landscape plans • Architectural Elevations Section 3.4 - Related Land Use and Building Codes Zoning district designation Notwithstanding any provision of this CDP, no construction B) Development standards pertaining to minimum lot shall be permitted within the designated Planned Community size, building coverage, building setbacks and height, project area unless such construction fully complies with the parking requirements and FAR shall be governed by requirements of Title 8 of the Municipal Code and all other this CDP, related construction codes adopted by the City of San Juan Capistrano for general applicability. C) All proposed projects within the PC District that are visible from.Ortega Highway, Interstate 5 freeway, or Section 3.5 - Comprehensive Development Plan EI Camino Real shall be subject to the provisions of Regulations the scenic corridor regulations of the General Plan Community Design Element of the City of San Juan The following development regulations shall apply to Capistrano. development of the planned community area, and development shall be in accordance with this CDP. These development regulations shall supersede other requirements Comprehensive Development Plan: Pa• w 3.5.2: Permitted &Conditionally Permitted Uses accordance with the General flan. Any use not specifically listed as permitted or conditionally permitted in this section is It is the purpose and intent of this section to provide a list of prohibited, unless a determination is made by the Community permitted and conditionally permitted uses (Table 1 following) Development Director that the proposed use is compatible with allowed within the project area that will complement the the overall intent and character of this CDP. proposed project and provide for a specific range of retail and service commercial uses, including tourist and office uses in Comprehensive e t 'Page 17 Table 9 — Land Use Matrix Land Use ..YP Permuted (ase Cstditional Use T e Retail Uses, General; Art, art& photography galleries,studio, museum P Audio/Video media P Antique stores P Bakery/candy shop P Bookstore,newspapers, magazine P Clothing store P Computer sales P Cosmetic&notions sales P Fabric Store P Florist P General merchandise P Curios, gift,novelty shop P Jewelry store P Stationery store P Service Oriented Uses. Auton-ated teller machine (not in bank) P Bank,credit union,financial C Barber,beauty shop,day spa P Business support, secretarial services P Comprehensiva DevelopDevelopmentPlan Page 18 Hotel(with ancillary uses) P Copy Shop P Tailor shop P Food Service Coffee Shop P Delicatessen or sandwich shop P Ice cream oryogurt shop P Resfaurantloutdoor dining (no alcohol) p Restaurantloutdoor dining (with alcohol) P Professional Office uses(not modical or dental): Certified Public Accountant P Insurance P Professional services P Property management P Real estate P Stack broker P Travel agency P !Votes: P=Permitted By Right C =Conditional Use Permit Comprehensive DevelopmentPlan pagp is 3.5.3; Site Development Standards adjacent Mission, the commercial uses lining El Camino Real shall orient their entries to face the 1) Lot Size Requirements street, or add additional landscaping and detail to create the same effect. This will protect the unique A minimum of One(1)acre streetscape, and aide in merchant success and retention as visitors and new customers experience 2) 8uifding Form/Setback Requirements an interesting and pleasant street front. This Section establishes standards to ensure the provision of One or Two Stories - If 2 stories or less the setback open areas around structures for access to structures, natural is 5 feet, light, ventilation; separation of incompatible land uses; space for landscaping, privacy, and recreation; and visibility and Three Stories: If 3 stories, the setback is 55 feet, traffic safety. The following requirements shall apply to each from the property or right of way line. Patios, building developed under this COP: (all setbacks are trellis's, architectural features and outdoor dining measured from the ultimate property line) areas are encouraged to be located within the landscape area. a) Ortega Highway Frontage — Any retail commercial building frontage on Ortega Highway shall border c) Spring Street Setback - The setback along Spring the street right of way to encourage pedestrian Street, if two (2)stories or less, is a minimum of ten vitality, enhance visibility to motorists and to (14) feet from the property line for the first story and complement historic downtown patterns of if three (3) stories the setback is fifteen (15) feet development. A portion of the building elevation from the property line. Patios, trellises, architectural may be set back to allow for outdoor use, such as features and outdoor dining areas are allowed to be outdoor patio d ini ng. located with in ten (10)feet of the property line. One or Two Stories: A variable front setback shall d) Interstate 5 (San Diego Freeway) Setback — The be used where the average setback is greater than setback frorn the property line adjacent to the a feet, if 2 stories or less. Interstate 5 right-of-way from one (1) story and up, is a variable landscape buffer with a minimum five ThreeStories: If 3 stories the setback is 60' from (5) foot average. ,Tile freeway landscape buffer ultimate property line. Patios, trellis's, architectural shall contain sufficient screening to provide a visual features and outdoor dining areas are encouraged buffer from the freeway. Parking lots or ancillary to be located within the setbackllandscape area. structures may be provided adjacent to, but not in, the landscape buffer area. b) El Camino Real Setback - To better articulate and take advantage of the clear pedestrian-focus of the Comprehenslive0evellopmente ! Y e) Intersection Visibility Setback — At the intersection Ortega Highway exclusive of any.parking overhang and of Ortega Highway and El Camino Real, there shall shall consist of permanent landscaping. be a setback of 25 feet in a diagonal "corner-cut- off' ) Landscape� .,, ti ofP' area, which shall be designed in a manner that 5 Landscape t3esrpn/Conseraon Standardsv is consistent with Section 9-3.559 of the Zoning Ordinance as illustrated in f=igure 3-10 of said a) All landscaping proposed within the Plaza Banderas section. CDP shall comply with the landscape design and conservation standards outlined in Section 9.3.527 of the Zoning Ordinance. Additional landscape design 3) Building Nei ht Re uirementsrequirements are found in Chapter 4.2.2,9.- Design Guidelines, Landscape. The building height requirements are designed to prevent b) All areas of the project outside of the building adverse visual impacts to the adjacent mission. The footprints shall be fully landscaped with plantings, fallowing building height limitations shall apply to each hardscape, or enhanced paving, exclusive of parking building developed under this CDP (all building heights and the automotive circulation system. shall be measured from the on-site finished pad elevation c) The combined impervious site coverage for individual to the highest point of the roof or parapet): building sites (including buildings, parking, plazas, sidewalks, and drives) shall be limited to a maximum of 80 percent of each site's land area. istaince frgm Right of [1aximum Brading'�teigtifs: Wa 6) Lightinq Standards 0'—30' 30' Greater than 30' 45' The intent of these provisions is to balance the goals of the General Plan to maintain a small-village, rural atmosphere, with the need to provide for the safe movement of vehicles and people in all districts.To meet 4) Landscape Setback Requirements this intent, recommended lighting levels will be defined to ■ Satisfy functional and decorative needs The minimum landscape setback requirements for the ' Designate minimum levels that will both provide proposed project shall be as follows (landscape setbacks security and safe passage for the public shall be measured from the property line subsequent to Complement the architectural style of the building the future alignment of Ortega highway which will and retain a pedestrian scale while providing establish the final right.of way, or property line): illumination of building fagades and entrances E=nhance the desired atmosphere of the downtown a) Parkin —A variable buffer zone with an average 5-foot community• buffer is required where parking spaces are adjacent to DevelopmentComprehenslve ........... .. . e) Intersection Visibilfty_Setback_ — At the intersection Ortega Highway exclusive of any parking overhang and of Ortega Highway and El Camino Real, there shall shall consist of permanent landscaping. be a setback of 25 feet in a diagonal "corner-cut- off" area, which shall be designed in a manner that 5) Landscape QesuLn/Conservation Standards is consistent with Section 9-3.559 of the Zoning Ordinance as illustrated in Figure 3-10 of said a) All landscaping proposed within the Plaza 6anderas section. CDP shall comply with the landscape design and conservation standards outlined in Section 9-3.527 of the Zoning Ordinance. Additional Landscape design 3) Building Height Requirements requirements are found in Chapter 4.2.2,9.- Design Guidelines, Landscape. The building height requirements are designed to prevent b) All areas of the project outside of the building adverse visual impacts to the adjacent mission. The footprints shall be fully landscaped with plantings, following building height limitations shall apply to each hardscape, or enhanced paving, exclusive of parking building developed under this CDP (all building heights and the automotive circulation system. shall be measured from the on-site finished pad elevation c) The combined impervious site coverage for individual to the highest point of the roof or parapet): building sites (including buildings, parking, plazas, sidewalks, and drives) shall be limited to a maximum of 80 percent of each site's land area. Distance frorrt bight of Mazirrtum BuJldsri l leights V�{a 6) Lighting Standards 0'—30' 30' Greater than 30' 45' The intent of these provisions is to balance the goals of the General Plan to maintain a small-village, rural atmosphere, with the need to provide for the safe movement of vehicles a nd peo pie in a 11 districts.To meet 4) Landscape Setback Reguirements this intent, recommended lighting levels will be defined to ■ Satisfy functional and decorative needs The minimum landscape setback requirements for the " Designate minimum levels that will both provide proposed project shall be as follows (landscape setbacks security and safe passage for the public shall be measured from the property line subsequent to " Complement the architectural style of the building the future alignment of Ortega highway which will and retain a pedestrian scale while providing establish the final right of way, or property line): illumination of building facades and entrances ■ Enhance the desired atmosphere of the downtown a) Parking—A variab le buffer zone with an average:5-foot community. buffer is required where parking spaces are adjacent to DevelopmentComprehensive Page 21 Therefore, all on-site lighting for the proposed project effective communication; therefore, in considering signs shall comply with Section 9-3.529 of the Zoning allowed under the Plaza Banderas project, close Ordinance. attention is given to adequate sign visibility and legibility. a) Parking areas shall have lighting capable of providing a) Site Specific Approval - all signs are subject to adequate illumination for security and safety. Lighting submittal of a sign program_ standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). b) Permitted Signs - The following sign types will be b) All illumination, including security lighting, shall be permitted within Plaza Banderas: directed downward, away from adjacent properties and (1) Monument Signs - are freestanding, low- public rights-of-way preventing spillover onto adjoining profile signs where the sign width is mounted property, streets, or skyward. to the ground as a solid architectural element. c) Lighting systems should.be designed for normal levels Landscaping and hardscape features shall be during operating hours and reduced intensity levels integrated at the base of the monument sign. throughout late, non-operational hours (for security (2) Flush mounted wall sign - are attached purposes). parallel to a wall surface. d) Any new street lighting shall match the existing fixtures. (3) Flags — Only official flags of Governments or Tribal Nations are allowed as permanent 7) Walfs. Fences &Hedaes accessary signs. (4) Decorative Banners -- are any cloth, plastic, Walls, fences and hedges will be used throughout Plaza or similar lightweight material used for Banderas project to complement the overall design decorative purposes mounted to a structure, theme, establish community identity, provide protection supported from the exterior wall of a building. from roadway and other noise, and allow privacy and (5) Business promotional signs, temporary in security. All walls,fences, and hedges shall comply with nature, are permitted in accordance with the the requirements of Section 9-3.517 of the Zoning requirements and provisions of Section 9- Ordinance. 2.543 of the Zon ing Ordinance. 8) Sl n Fie ylati ns c) Sign Design - Signs shall consist of high-quality materials and color palettes that reflect the In recognizing that the primary purpose of signs for Plaza architectural theme of, Plaza Banderas, as well as Banderas is to allow for proper business identification for complement the existing architectural design of the the public and business, the design and placement of all San Juan Mission and surrounding area. signs permitted within the Plaza Banderas project must (1) Monument Signs shall be monolithic or adhere to specific design standards as set forth below. It incorporated into a wall and constructed of the is recognized that the primary purpose of signs is same materials as used on the building Comprehonsive'DevelopmGnt . .- structures. Landscaping and hardscape (1) Signs mounted on or above roofs; features shall be integrated at the base of the (2) Signs which incorporate in any manner flashing, monument sign. moving, including signs manipulated by (2) Flush mounted wall signs shall be backlit individuals, or intermittent lighting; reverse channel letters. (3) Signs which incorporate mechanical movement of any kind such as but not-I imited to, rotating, (3) The following materials are allowed within this revolving, moving, or animated signs; project area: (4) Signs with plastic faces, internal illumination, or non-ferrous metal; and" neon. Heavy cloth or canvas. (5) Trailer signs and signs attached to the roof, (4) A monument sign shall include a supporting trunk, hood, or other part of a vehicle, unless base composed of brick, stone, concrete, metal, specifically permitted by subsection (f)(2)(H) of plaster, architecturally treated wood or other this section; similar materials. (6) Valances, balloons and pennants; (5) The use of plastic lettering shall not be allowed. (7) Signs which are supported in whole or in part (6) The design of all signs within the project area from any public utility installation or any tree or shall be consistent and complementary with other utility poli;on public or private property. one another. (8) Signs which by color, wording, design, location, (7) The use of temporary signs is discouraged with or illumination resemble or conflict with any the exception of city approved "grand opening" traffic control devices or with the safe and banners. efficient flow of traffic; . (9) Signs which create a safety hazard by d) Sian Area ana'_Nei_ght— The maximum sign area size obstructing the clear view of pedestrian or and height provisions for all signs permitted within this vehicular traffic; CDP are set forth in Table 2 following on page 24. (10) Signs which do not conform with the design standards of this sign program; e) Prohibited Signs -w- The following signs shall not be allowed within the Plaza Banderas Project: Comprehensive Develop . . - Table 2—Sign Standards Matrix �rpe of.Srgn : M xirnum Ma`xrmum Area (square: �itaki"murn Number0 Stgne. Ftr;ght. Monument Sign 6 feet 60 square feet • Two(2)freestanding Center I Business Identification signs shalt be allowed at the Ortega Hwy entrance to the project. • One (1) freestanding Center 1 Business Identification sign shall be allowed at each additional entrance to the project. Flush mounted 25 feet above 24 ware feet • One (1)sign total per business entry located above floor levet the entry • A center identification sign will be located above the corner Plaza entry. Flags 4 feet x 6 feet • six(6)per street frontage Decorative Banners maximum fifteen (15)square • one banner per business feet with a maximum length dimension of five (5)feet Pedestrian-Oriented 6 feet 6 square feet • Not included in calculation of total sign size. (Convenience)Signs Business Promotional n/a 30 square feet(no more • One (1)sign per street exposure notto exceed 60 Signs than 10 feet in length) square feet Dotal and no more than 14 days allowed. Motes, For the purposes of this CDP,the maximum sign area indicated shall apply to each sgn face. Any request for additional signs or sign area over what is allowed in Table 2 above may be approved provided the Planning Director determines that the request is in scale with the building elevation of the tenant. If the Planning Director determines that it is not in scale with the building elevation, the request shall be referred to the Planning Commission for determination. f) S&n Program — A master sign program is required in 9) Parking Retguirements order to create a compatible design theme for all signs within Plaza Banderas. The sign program will create a visually The provisions of this section are established to provide pleasing method of providing compatible and complementary for the parking of motor vehicles for the Plaza Banderas signs throughout the project site; to inform users and tenants site. This CDP provides for a mix of uses with differing of desired sign characteristics„to minimize visual clutter; and peak parking demand times and specific use needs and to unify the appearance of the development site so as to shall require a parking demand study to determine the create a distinctive sense of place. All signs shall comply number of spaces required. Parking shall be in with the design standards of this section, the approved sign accordance with the approved parking management plan program and the City's adopted Architectural Design resulting from said parking study. The parking study and Guidelines. parking management plan for the development plan The sign program shall be approved concurrently with being processed concurrently with this CDP are attached the AC or subsequent to the AC when made a in Appendix "D". condition of approval. No signs shall be permitted until a) Parking Manao .. ment_Plan — In the event that shared the sign program has been approved. or ff- - or off-site parking is not the best option to meet g) algn Permit Review Procedures — A sign permit minimum parking requirements as determined by the application shall be processed in accordance with the barking demand study, a parking management plan requirements and provisions of Section 9-2.343 of the may be used as outlined in Section 9-3.535(g)(2). Further, the Planning Commission may reduce the Zoning Ordinance and shall not be Issued unless the numerical parking requirements set forth in the parking proposed sign conforms to the approved sign program, ordinance through the granting of an exception when a Each business owner within the project area shall parking management plan is developed for a project. comply with this prevision. Such parking requirements shall be reduced only if the parking management plan incorporates provisions h} Exceptions- Exceptions to the design standards of the Plaza Banderas Sign program may be ranted b the encouraging the use of public transportation facilities or g y g Y is otherwise aimed at reducing the growth of total Planning Commission after conducting a duly noticed vehicle miles traveled. public hearing in accordance with Section 9-2.335 of the Zoning Ordinance. in order to grant an exception, . b) Required Parking Calculations — This CDP consists of the Planning Commission must make specific findings a variety of 'uses that have different parking as outlined in Section 9-3.543(i) of the Zoning requirements. The specific parking calculations for Ordinance each use within the project shall be determined by considering the information on joint use and Section 9- 3.535 (d) of the Zoning Ordinance as identified within the parking management plan. }terns taken into consideration to reduce the number of required parking (6) Non-conflicting peak demand times for different spaces include; uses. , (1) Off-Site and (2) Shared Parking — In the event that the total c) .Design orad lmgrovement Standards — On site parking number of vehicular parking spaces required lot stalls with a parking angle of 75 to 90 degrees shall above cannot be provided (due to either site follow the following design criteria. Parking stalls shall constraints, topography, etc.), shared parking or be a minimum of 9'-0" wide by 18"-0" deep, including off-site parking, or both, may be utilized. Since 2'-0` landscape overhang. Drive aisles shall be a -the proposed project, is intended to be minimum of 24'-0"wide. designed and planned with a mix of uses, All other Parking angles shall adhere to the minimum shared or off-site parking, or both, may be city standards in the Municipal Code Sec. 9-3.535. - considered in determining the specific number Parking. . of parking spaces, (3) Reciprocal/shared parking between adjacent d) Par hjq Lot Landscaping Requirements —The parking facilities and/or developments; area within this CDP shall provide parking lot (4) Available off-site parking for special events; landscaping in compliance with the requirements of (5) Flexible work hour schedule; and Section 9-3.529(h) (1) and (2) of the Zoning Ordinance. I: �€s Standard Parking Dimensions Comprebensive Development i ............. ...... CHAPTER 4 - Architectural Design Guidelines Section 4.1 - Introduction }, f skY' i These design standards are intended to provide clear and useful recommendations for the design, construction, review, and31 � approval of development in Plaza Banderas. These standards incorporate the applicable areas of the City of San.Juan Capistrano Design Guidelines and are a reference point for a common understanding of the minimum tangible design expectations. The standards are a way of achieving attractive and functional projects � that will realize the goals of both the City and the development � r a ` community. All development within this CDP shall conform to they design standards to every extent possible. f :1 4.1.1: Overall Coals The Plaza Banderas project shall comply with design principals from the General Plan Community resign dement; 1) Reinforce and enhance the City's downtown as one of the primary focal points of the community; Courtesy of San,Tuan Capistrano Historical sac,Ety 2) Contribute to the existing pedestrian-oriented"village-like" environment; 3) Complement the scale, proportion and character of development in the surrounding area; 4) Establish attractive, inviting, imaginative and functional site arrangement of buildings and parking areas; h) Create a high quality architectural and landscape design which provides proper access,visibility and identity; and 6) Provide stylistically diverse and creative architectural design solutions which convey a sense of timelessness and elegance. - - opmentPlefn P. ,. 27 4.1.2: Architectural Design_Expectations Architectural design within this CDP shall meet the following expectations: 1) The Plaza Sanderas project shall comply with the design principals in the General Plan Community Design Element; 2) The Plaza Banderas project shall comply with the applicable policies of the City's h ,. . adopted Architectural Design Guidelines; 3) Design features that detract from the architectural design including, but not limited to, paint-on facades, super graphics, and structures which visually dominate historic sites or buildings shall be prohibited; and 4 This proposed development will be scaled to the historic San Juan Capistrano town co torlcatesy Asan loan ca��rr�n� P P P P� ;'-fistoricarsac;sty center and Mission, which it adjoins and with which it shares common circulation, pedestrian linkages, public parking, public transportation and environment. Buildings shall be arranged around an internal courtyard to provide convenient pedestrian- oriented access to entrances and open space and to provide connectivity to neighboring attractions. Section 4.2 - Design Standards The design standards identify the major elements of a comprehensive design policy, and serve as a framework for each individual structure within Plaza Banderas. Adherence to these standards will help to ensure that projects develop in a sensitive manner, are respectful of adjacent properties, and exhibit the degree of architectural and design integrity that is desired and required by the City. Ultimately, the goal of these design standards is to ensure that any development within the Plaza Banderas CDP area is a source of tremendous pride for City residents, and creates an environment that compels people to visit, shop, and spend time in downtown San Juan Capistrano. Development . :- .... ............................... ap .P. .ill 4.2.1: General Standards All development within this CDP shall conform to the following: 1) Site Planning Bruer � a. The site arrangement of structures, parking, circulation areas and open . spaces should recognize the particular characteristics of the site and should k relate to the surrounding guilt environment in pattern, function, scale, character and materials. b. Siting of buildings along street frontages is encouraged. Zero or minimal building setbacks should be considered,where appropriate. c. Continuity of pedestrian oriented activities along street frontages is . y encouraged. Avoid disrupting the pedestrian experience by parking lots and blank walls. BUIdtng siting arcngswrtt,sAared parking and d. The site shall be organized to encourage pedestrian circulation. Walkways access serve to eomiectcommercial prcyecfs should be attractive and embellished with landscaping, ornamental light fixtures,furniture,trellises, and/or other decorative features. e. Storefronts and major building entries should be oriented towards streets, courtyard or plazas. Avoid placement of "dead spaces" such as storage areas alone street frontages. " nf. Modulate building massing to accommodate pedestrian plazas, landscaping, seating areas and public art along the street wail and at prominent , intersections. g. Locate parking at the rear of lots and devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. h. Create pedestrian paseos to parking lots that are located behind buildings. 2) Gradin a. Landform preservation should shape and guide site development of Walk ways with ptotingsaddronnactivifyand commercial proposals. Grading should not substantially alter natural grades dynamic's to the streetscape environment to increase the area of developable land. Comprehensive Development • an b. Innovative grading concepts such as contour gradirig that incorporate use of variable slopes and meandering tops and toes of slopes techniques are encouraged. Smooth, gradual transitions between manufactured and natural . slopes are recommended. c. Use of retaining walls should be minimized. Where use of retaining walls cannot be avoided, they should be screened to the maximum extent possible _,,N xMV. -f and use of plantable retaining walls systems or vine-covered walls should be employed as part of the design solution. �fri r s 3) Corry atib ilii F.<< a. Project design should complement the surrounding built environment in pattern, function, scale, character and materials. Natural site features Project designortentsthe turacUng tot hestreet ard includingmnplemestreams, scenic vistas and stands of mature trees should be bothunotionandstylets the n�r���ft�v{Tarnr� rrri Moth function and style integrated into the overall project design b. The placement of structures, circulation patterns and open space location should acknowledge the site's characteristics. c. increased setback buffers, intensified landscaping, and building orientation and design techniques should be utilized to attain the greatest degree of compatibility between commercial developments and lower intensity land uses. ". 4) Building Siting " a. Structure siting should take into consideration surrounding context, location of y S incompatible uses and unique site characteristics. b. The placement and design of structures on corner and mid-block parcels, ' should create a strong visual and physical connection to the street frontage. c. Building and site arrangements should facilitate pedestrian activity, screen1.4. . parking and foster public use of spaces. Freestanding bOdings should be grouped around a comma?fw.al point or design feat are Comprehensive Development ... ......... d. Clustering of structures to create plazas and pedestrian malls is encouraged. When clustering is not feasible, visual and physical -linkages between separate structures should be established by the selected architectural style, freestanding architectural elements (e.g. arcade systems, trellises) landscaping and hardscape. 'r e. The building design. of structures `sited adjacent to street corners should recognize the importance and visibility of the "local" by incorporating appropriate building massing and forms to "anchor" the intersections. Angled or curvilinear building forms and plazas are encouraged at corner locations. " •;x f. Extensive parking loft areas between buildings and right-of-ways are discouraged along pedestrian oriented as well as auto oriented corridors. Corners structures needroincorporatovisiWityinto g. Parking lots should occupy no more than 65% of a site's street frontage. the design and may use focal efa ents to anchor h. Use of landscaping and architectural elements to enhance perimeter parking the corner andprovidesuWtance areas is encouraged. 5) Vehicular Access/Circulationl Parking a. Site access and circulation design should promote safety, efficiency, and convenience for vehicular and pedestrian traffic. b. Site entries may be accentuated by ornamental landscaping, decorative paving, raised medians, gateway structures,and monument signage. c. Use of streets to fulfill internal circulation needs is not permitted. A continuous circulation network system should be provided throughout the site to the greatest extent possible. Dead-end driveways should be minimized. Adequate areas for maneuvering, stacking, truck staging, bading and ,b emergency vehicle access shall be provided on site. d. The number of site access paints should be proportional to the functional needs and scale of the development. Placement of driveway entrances in A master plan for o development with shared proximity to street intersections should be avoided. Use of common or parking and access provides a weir defined circulation sysf ern shared driveways is encouraged. e. Driveway entry locations should be aligned with existing or planned median openings and driveways on the opposite side.of the roadway. DevelopmentComprehen sive - k f. The parking lot design, particularly of larger parking lots, should differentiate and provide the following: major access drives with no direct access to parking spaces; primary circulation drives with minimal parking; and parking aisles for direct parking space access. 4. r g. Parking should not dominate street frontages. Parking areas should be screened by landscaping and structures. , h. Larger parking lots should be divided into a series of interconnected areas. i. A raised walkway and landscape strip should be provided between parking areas and buildings. Walkway and landscape strip dimensions should amply accommodate anticipated functions, intensity of use, landscaping theme and associated planting materials. € j. Placement of parking areas along primary circulation driveways and adjacent to building entrances is discouraged. Well-plannedparkingand circulation design provides awy access ICS space's S) Pedesfrian Circulation a. Pedestrian linkages should be established between buildings, sidewalks and �> M : parking areas. b. Clearly defined pedestrian paths should be provided from sidewalks and parking areas to primary building entrances. z c. Pedestrian pathways should be separated from vehicular traffic by a change in grade level. Use of raised pedestrian pathways in conjunction with 7. , enhanced paving, landscaping and bollards to delineate pedestrian paths is recommended. d. Parking areas should be designed in a manner that allows pedestrians to walk parallel to moving cars and minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries. ] 7) Plazas and Courtyards a. Inclusion of plazas and courtyards within commercial developments is encouraged. Entries to plazas and courtyards should be inviting and well lit. � s b. Landscaping,water features, and public art should be incorporated into plaza ;r and courtyard design.: c. Courtyards should be buffered from parking areas and drive aisles. The internal circulation pattern should provide a clear path of travel to prides trians Comprehensive Devellopmentflans d. Primary access to public plazas and courtyards should be provided from the street. Secondary access may be provided from retail shops, restaurants, offices and other uses within the development, s. e. Shade trees or architectural elements which provide shelter and relief from direct sunlight should be provided within plazas and courtyards. f. Secondary entrances from plazas, pasecs, or rear parking areas may act as a secondary storefront. g. The rear and side entry door design shall be compatible with the front door. Special security glass (i.e.wire imbedded) is allowed. 8) Loading and Delivery Areas a. Loading and delivery service areas should be located and designed to Landscaping shaticnrmlemerd and enhance the minimize their visibility, circulation conflicts and adverse noise impacts. character of the stuafIres andcreate asense of b. The building structure(s), architectural wing walls, freestanding walls and ptace landscape should be used to screen loading and delivery service areas. c. Placement of loading and delivery areas within setback areas is discouraged. d. The loading and unloading area shall be of sufficient size to accommodate the number and types of vehicles that are likely to use this area, given the nature of the use. g) Utility and Mechanical E ui menf a. utility, service areas and mechanical equipment should be screened from view. All screening devices should be compatible with the architecture, n � materials and colors of adjacent structures. �zrry <z b. utility apparatus such as transformer units, valves and timers, which are tY required to be installed along street frontages, should be under grounded or otherwise screened from public view with landscaping. r l` }�� s< 5 r f ,r 10)Refuse and Storage Areas a. Trash and storage enclosures should be architectural) compatible with the l�dteg and rt of t incl areas mayL7erlestgned as y com . � p an integral part of the structure project design. Landscaping should be provided adjacent to the enclosure(s) to screen them and to deter graffiti. e • Development a ` • b. Trash storage should be enclosed within or adjacent to the main structure or 35� a located within separate freestanding enclosures. ' § c. The location of trash .enclosures should be easily accessible for trash F" collection and should not impede general site circulation patterns during r - loading operations.. d. Trash enclosures should be sited to minimize nuisance to adjacent ' 4 - properties. ' '` e. Trash and loading facilities shall be located either: x i. At the rear of the site where they can be screened appropriately; ii. Alongthe sides of the buildings not visible from a public street; or fl£�t rwerant Jandscow7itW ndwalrsgrwlde `� p � attractive Pgr�pmentsareerring M. Incorporated into the building design. 11) Wells and Fences a. Walls and fences should be designed to complement the project's architecture. Landscaping should be used to soften the appearance of wall '9 s' and fence surfaces. b. Solid wall enclosures with pilasters, decorative caps and offsets are ya `l recommended for screening purposes. r rz ' K' r c. . Solid walls and fences within front and exterior side yards of commercial sites � U 5� x should be avoided. d. The design of outdoor dining enclosures should be integrated within the Overall project design and should be consistent with the architectural theme. trrr�s andprantingssdfrenthes rrfaceofthewa,'t 12 Pavrn a. Paving materials should complement the overall architectural theme. Use of unadorned concrete paving solutions is generally discouraged. Use of - decorative paving materials is recommended. b. Decorative paving should be incorporated into the design of, driveway entries, pedestrian walkways and crosswalks on private property. s;:, c. The use of pavers is encouraged. Use of stone and brick is acceptable, where such materials are deemed appropriate. Paving materials comOement the storefronts CornprehansiveDevelopment Plan Pqqq 13)Lighting a. The type and location of parking lot and building lighting should preclude direct glare onto adjoining property, streets, or skyward. Lighting systems should be designed for two operating levels; a higher intensity lighting level tri for business operating hours and a reduced intensity level for non-operating hours. ; b. The design of the fight fixtures and their structural support should be architecturally compatible with the theme of the development. c. Pedestrian scale/decorative light fixtures are encouraged. "High mast" poles are discouraged. f; d. Lighting should be designed to satisfy functional and decorative needs. Security fighting should be designed as part of an,overall fighting plan. e. Storefront lighting should complement the architectural style of the building71 72� while providing illumination of building fagades and entrances. f. Use of accent architectural lighting is encouraged. tirght;ngfixturesmatch the architectural sVe ofthe g. The fighting of building elements and garden walls is an effective and building and are consistent throughout attractive lighting technique that is encouraged. However, light sources for wall washing and tree lighting should be hidden. 14)Site Amenities a. All Site amenities should be coordinated in terms of color, materials and design in order to convey a cohesive project appearance and distinctive character. b. Seating should be included within plazas, courtyards and along pedestrian circulation areas. c. Free grates should be utilized along street frontages and plaza areas where a kk decorative and/or continuous walking surface is desirable. Grates should be r a minimum of four feet in diameter and should incorporate knockouts to � { i accommodate the growth of the tree trunk over time. " d. Tree guards should be provided to protect trees in high activity areas. Their Incorporating street furniture,art,andfandscaping des f n sfooufd be Ci�T71 a#ibfe with site furnishln S. into the design of plaza areas creates aspecific g )3 g atmosphere to enhance the character ofthe e. Bollard design should be consistent with the overall project theme and should dwelopment complement other site furnishings. Comprehensive.Development • f. The placement of planters and pots may be used to organize, accent and direct pedestrian traffic flow. J1. R g. Planters and pots should be utilized to provide visual interest and colon accent building recesses, at locations where access is discouraged and # , adjacent to blank walls. Q h. Planter colors and materials should be compatible with the architectural theme. . i. Newspaper racks should be consolidated wherever possible and carefully i sited to ensure provision of adequate pedestrian circulation clearance around them. . j. Newspaper racy design should be enhanced by masonry and/or metal fir. elements that complement other streetscape furnishings. ,3 k. Bicycle rack design should be consistent with other streetscape furnishings. Use of"loop racks" and"ribbon bars" are encouraged, 1. bicycle racks should be located in visible areas. 4.2.2: Design Standards Pots and planters can make an entry more inviting white the alcove provides re#ief from the efelvents New infill developments and renovation of existing structures in the downtown district for the pedesWanpasaingby must be respectful of their- surroundings. An informal character and sense of individuality is desired to preserve the ambiance and historic integrity of downtown San Juan Capistrano, High quality, creative architecture that complements "historic" structures may be integrated within the urban fabric if designed appropriately. Such design concepts will be evaluated and may be permitted, if found appropriate for the project site and district r : context, on a case-by-case basis. 7} Architectural Imagery ; : fiaga t a a a. The architectural stylet design should enhance the site's context and should ; ,:.. be harmonious with existing building massing, scale, proportions, colors and materials. In all cases the selected architectural style should be utilized on all styleTtof the details are viae to me architectural y styes of the building provlcre symmetry and are building elevations. compatible with surrounding structures b. Architectural details and variations in form should be incorporated in the building design in order to create visual interest. Comprehensive E i + c. Structures that incorporate building elements with "human scale" proportions are encouraged. d. Incorporating landscaping and architectural detailing at the lower level of buildings could be used as a design technique to diminish the overall impact '':. of larger structures and soften their appearance. e. Project design should establish or maintain "rhythm" while avoiding monotony. This can be accomplished by arranging repeated major building elements into manageable groups. Repetition of existing facade modules and components (e.g. bulkheads, arches, arcades, and balconies) is strongly encouraged. f. Buildings facing pedestrian streets and plazas should incorporate design Tho#azois ercossl6tefrom ground€7nor Uses and features that provide visual interest at the street and plaza levels. provides focal elements for proiec€integrity g. Building fagades, and storefronts should be designed to enhance the visibility of merchandise and store related activities by pedestrians. h. Outdoor activity areas such as plazas and dining areas should be visible to the passing pedestrians. i. The design of first floor commercial buildings should be based on a high ratio of void (windows) to solid (wall) areas. The lower building level (storefront) should be predominantly comprised of transparent surfaces to foster pedestrian activity and accommodate retail-merchandising needs. } 2) Building Form and Mass tom.. a. The form and mass of new buildings should create a pleasing transition to �tal i relate to the scale of adjacent structures. surrounding development and r a g p 1 b. The architectural.design and placement of"Anchor buildings" on site should balance and not overshadow minor "in-line" tenant spaces and "freestanding pad" structures. c. Building fagade design should complement downtown's pedestrian scale environment. This can be achieved by increasing the degree of building detail at the street level, articulating individual floor levels with horizontal WoorieafWkffngshave a high dogree of design bands and by.proper use of color. integrity eviderd in each minute detail d. Variations in building height and massing as well as articulated fagades are strongly encouraged as they contribute to community image, provide a human scale, and improve the pedestrian experience. Comprehensive Development ` . r ' e. Taller buildings should be made less imposing by incorporating horizontal massing offsets, rr f. Each building shall incorporate building plane off-sets,windows,entrances and/or other architectural features compatible with the building design to avoid long linear unbroken walls. d% g. The predominance of transparent surface (window and door) to solid surface (wall) ratio along the street level elevations is encouraged. ARM 3) Building.Materials and Calors a. Materials and colors should be selected to unify the building appearance and fit into the pedestrian realm context. b. The complexity of building materials shall be based on the complexity of the building design. More complex materials shall be used on simpler building designs and vice versa. In all cases, storefront materials shall be consistent with ,,,. .w the materials used on the proposed building and adjacent buildings, c. All Plaza Banderas exterior building materials will complement those used in the Di-ension;`design ele"L sandd�rl ve€ e surrounding area. Materials are limited to: storefront strut tura!s ubst arts e I. brick ii. stucco iii. granite iv. terra cotta v. stone vi. wood ; d. Accent materials should be used to highlight building features and provide y" visual interest. The following building materials may be utilized: vii. brick �v�y viii. Concrete Y . vb Ix. stone x. wood F � xi. file(bulkhead, wall enclosures and fenestration) xii. copper Brick,stucco,granite, terra coffa,stone and wood xiii, painted metal are approvact structuralmaterfais xiv. wrought iron DevelopmentCom rehensive e. Colter palettes harmonious with those found in the surrounding area that complement the Spanish Colonial Revival architectural style are permitted . for buildings in Plaza Banderas Y ,: f. Contrasting or more intense colors may be used to accent architectural details and entrances. g. Use of building materials such as tile, brick, stone, and copper in their natural ' finish color is encouraged. 4) Roos and Upper Story Details a. Roof design shall be consistent With the Spanish Colonial Revival style: i. Low pitched gable or cross-gabled roof;sometimes hipped; Oarrelfires.9re[rue to the Spenish Mission sVe ii. Complex, multilevel roof form that complements an asymmetrical architecture massing; iii. Dave with small overhang; iv. Flat roof with sculpted corbels or parapet; and v. Red two-piece barrel clay tile. b if flat roofs are used within the building design, they shall be screened with parapets .on all sides of the building. If roof-top mechanical equipment is placed on roof-tops, the parapet shall be at least two (2) feet in height to j visually screen the equipment. if parapets are not practical, then other screening methods may be used at the discretion of the Community Development Director. c. Roof-mounted mechanical or utility equipment should be architecturally ` integrated within the overall building design. g d. The design and finish of chimneys, roof flashing, rain gutters, downspouts, vents and other roof protrusions should be architecturally integrated into the structure design and complement the overall architectural theme. e. The inclusion of balconies in the overall building design is encouraged. The design of such spaces should complement the overall architectural theme in rhestive rcort,Qiem��ts the softcotor palette and � p p dec©ra6ve trim terms of location, size,and detail. f. Where architecturally appropriate, sloped roofs shall provide articulation and variations to soften the massiveness of the roof. Sloped roofs shall also include exposed wood eaves. Comprehensive.Development Page. g. All rooflines must be broken up through the use of gables, dormers, plant- ons, cut-outs or other appropriate architectural elements compatible with the RY main building design. 5) Entrances, More Fronts, Facades a. Projects located at intersections should ensure the design treatments are r� continued around the corner and that an appropriate transition between the project improvements and the adjacent public and private improvements is Confinuityshould bemainfainedthrough the use of rovided. complemenfary design fL atur€�s,such as windows, b. Provision of a prominent corner entry to buildings located at street Intersections is recommended. c. Main building entries should be emphasized by utilizing one or more of the following design techniques: 1. Recessed or projecting architectural features such as porticos, storefront bays, towers etc; ii. Landscaping planters, paving or other hardscape details;or iii. Rooftine changes. >; d. Building entries should evoke a "sense of arrival" by being distinctively designed and readily identifiable. Variations in massing, architectural detailing, colors and materials are encouraged to articulate entry areas. e. Use of high quality door design, storefronts and hardware details is thhstructurerner chieemphcttre emphasizing ' twtfrsidQsof � y g tl;estnicture while em phasixtrxtinrkvir&rat encouraged. storefronts f. boors for retail shops should include a high percentage of glass area. g. All wall surfaces visible to the public should be architecturally enhanced. « h. Where vertical architectural elements (e.g. clock towers, stair towers) are proposed as focal points, their scale and relationship to the main structure should be carefully considered. i. Stairways should be designed as an integral part of the building architecture. j. Stairway projections which complement the architectural massing and form of the building are encouraged. k. Stairway design should be consistent with the overall architectural theme. Where appropriate, decorative features such as the risers and rails may be =u utilized to create visual interest. 1. The design and positioning of balconies should be compatible with the design of the building (e.g,, relate to overall massing, window placement and This stairway isintegraftothe i,vildingsrruunre ! ,Comprehensive lE ' rr " " •g" '0 proportion, etc.). Balconies having some inset aspect are encouraged, and should not appear to be an afterthought. rn. Cutters and downspouts should be concealed, unless designed as a decorative architectural feature. n. Mechanical equipment should be fully screened. All screening enclosures `' Y should be compatible with the building's architecture, calors and materials. + i o. Building signage should be integral to the fagado design, placed in the sign band above the first 'floor entry or on blank wall areas specifically intended for , r, signage. �� Windows express recessed entry and roof argWation express welt alta and shelter to the visitor a. Traditional, rather than freeform window shapes, are preferred. Multi-paned windows are encouraged. Use of clear glass (at least 88% light transmission) on first floor storefronts is recommended. b. The storefront window design should maximize visibility of displays and interior retail spaces. The average storefront bulkhead height in the downtown district(18-inches) should be considered in the design of storefront elevations. Maximum bulkhead heights for new construction should not exceed 36 inches. c. Window designs which permit additional light penetration within building spaces are encouraged. d. Windows on upper floors should be proportioned and placed in relation to groupings of storefront or other windows and elements in the base floor. Windows should have a vertical emphasis. e. Casement windows which can provide large openings and add interest to i adjacent pedestrian areas should be provided where appropriate. Such window treatments are especially encouraged for restaurant uses. f. Window details could add to the architectural variety along street frontages. Use of the following window enhancements should be considered: i. Tile border surrounds ii. Colored window framing iii. Wood shutters iv. Plant-on relief features V. bran or wooden grilles INindoyvdet2i}svith design integrityadd visual irrferest 9 to the project appearance vi. Window boxes Comprehensive Development vii. beep recesses viii. Plaster surrounds ,1 i 7) Arcades J a. Arcades could positively contribute towards fulfilling visual and functional f building needs. They can take a stylistically traditional appearance or may be ,v. introduced as a"sculptural" colonnade design element giving articulation andE depth to the facade. Regardless of the selected style, care must be taken to ensure that the design of arcades appears "authentic" to the selected architectural theme. t b. The massing of all arcade components should be proportional to its overall size. Dimension in design elements gives a 5uitding'he c. Archways should be designed with semi-circular or slightly flat arcs. appearance oFstr cturarsubstance d. Column size must relate in scale to the building. The column height should be approximately 4-5 times the width of the column. e. The use of column bases, capitals and hands is encouraged when use of such details is "authentic" to the selected architectural style and positively contributes to the proposed building design. 8) P3azasl Courtyardsl Paseos a. Plazas and courtyards are encouraged within downtown San Juan Capistrano. Ample seating should be provided within plaza areas. b. Inclusion of a visual focal point such as a fountain or public art within the courtyard area is recommended. ;' c. Paseos shall be designed as an integral part of the project. Provision of alcoves, plazas and courtyard along paseos'edges or at their terminus points is encouraged. d. Paseos shall be of adequate width to accommodate anticipated functions, k including but not limited to access, circulation, fight and ventilation. e. Landscaping, art, decorative lighting fixtures, enhanced paving, and seating Outdoor living spactas andlan&vapfng elements shall be included within the paseo design to enhance the pedestrian invite transition betwesnot-tdoorandindoorareas experience within its space. r - . . .g 42. - � � w 9) Lantlscapin a. All use of California friendly planting, vines, flowering plants, arbors, trellises and container planting is encouraged. ' b. Inclusion of courtyards, gardens, and fountains in the overall project design is encouraged. landscaping within courtyards should include a balance of hardscape and landscape materials. Emphasis should be placed on California and Mediterranean landscapes and gardens. �M c. Boxed and container plants in decorative ceramic, terra cotta, wood, or z; stucco planters should be used to enhance street frontages, plazas andSO iiiiii !!1 115 g � �; courtyards. d. Planters may be incorporated into seating and stair areas. Such planters rwi ;�,.�i should be open to the earth below and should incorporate permanent continuilyshautdbamaintainedthrough the Lis eof irrigation Systems. unifred architecture,landsca#ngand design e. All trees in paved areas should be provided with "Deep Root" barriers features automatic irrigation and metal grates. 10)Parking Lot Landscaping i a. Parking.,lot landscaping should accent driveways, frame the major circulation aisles, and highlight pedestrian pathways. ¢. s. b. Parking areas should provide interior planting islands in accordance with Title 9 requirements of the San Juan Capistrano Municipal Code. These ..., landscaping areas should be planted with trees, low shrubs and groundcover. c. All parking lot street frontages should be screened by landscaping. Parking lot landscape screening should be implemented by utilizing one or more of the following: y i. A 32-inch high (max) evergreen hedge; :n H. A 32-inch high (max) earth berm with a slope no greater than The use of container Planting in courtyard areas 3.5:1; or irrwes the pedestrian to relax and enjoy the iii. Trees planted at a distance of 35 ft. on center. Trees should be a ambiance 12-16 ft. high minimum from finish grade, or as recommended by conditions of approval. tomprehensive . . .- 43 11)Slope Vegetation and ,Erosion Control • ' w°+ ` h' " ' 1,°'s a. All proposed slopes with a gradient greater than 6:1 and a vertical height of 3 ft.or greater, should be vegetated within 30 days of completion of grading. b. All plant Materials should be appropriately spaced to control soil erosion. c. Trees, shrubs, and ground covers should be planted in undulating groupings ' to improve the character of manufactured slopes. d. Vegetation of permanent slopes should include permanent irrigation systems. 121) Walls and Fences Small details in design create asense of compiete ness a. Wall and fence enclosure design should be addressed as part of the overall development concept. b. The selected wall and fence design concept should consider and preserve scenic views available to the community,to the greatest extend possible. c. Where appropriate to the selected architectural style and project location, stucco or brick wall enclosures, enhanced with decorative inset tiles, ornamental metal fencing, entry gates, or planters are encouraged. s, 131)Sian Desrgn a. Signs should establish rhythm, scale and proportion in facades and arcades. Sign placement should complement building elements rather than block them. The sign size should be proportional and in scale with the building's Properly pi anted slop asprevanterosion andcorAror fagade elements. water run off b. Sign colors should be compatible with the building color palette. Use of a light background with dark sign copy provides visually effective signage and is s,; strongly encouraged. No more than two primary colors should be used on a sign. A third, secondary color, may be used for accent or shadow details. f c. Sign copy should be kept to a minimum. Use of fewer wards creates a more effective sign message. As a general rule, letters should not occupy more than 75% of the sign area. d. The overall sign shape should be kept generally simple so as not to detract �Y! =��tM from the message. e. Avoid hard-to-read and overly intricate typefaces. The selected letter style Signsshoaddbeeasytoreadwtrhasimple should complement the building design. straightforward design Comprehensive . . , . 44 - y- f. Ground level signs should be smaller than those on upper levels. Signs oriented to pedestrian traffic should be smaller than automobile oriented signs. g. Careful consideration should be given to a sign's location. The placement of signs provides visual clues to the business entry location and affects the , design integrity of the entire building. 14)Franghise_and Corporate Business � a. The distinct architectural designs of many franchise and corporate businesses are typically not appropriate for historic areas such as downtown signago can tell a story of what to expect inside San Juan Capistrano. Franchises or national chains must respect the architectural standards of the GDP to create unique buildings that are compatible with the existing structures and character of downtown San Juan Capistrano. Comprehensive Development Page 46 4,2.3. Hotel Standards ' 3 Hotels provide visitors with a strong first impression of San Juan Capistrano and therefore deserve special attention within the guidelines.They are quasi-residential uses and shall be designed and sited to minimize the effect of noise from major streets. Hotel architecture is often thematic, which presents a strong temptation to exaggerate the design of the building front and to neglect the other sides. However, all sides of a �F building shall be stylistically consistent. ((�� y t 7} �ite QrcLanization a. Some short-term parking spaces (no more than 5 spaces) shall be provided near the office for visitors to check in to the hotel. Baiancecan be achieved by offsettinga horizontal b. Recreational facilities such as swimming pools shall be designed to offer privacy to mass with averticafacoenttodimiriishthe overal! facility users. effect c. Mechanical equipment of all types, including swimming pool equipment, shall be l located and screened to minimize impacts on adjacent uses. ; 2) Safet Safety and security for persons and property are of paramount concern.At night, lighting is an integral component of the built and natural environment. Effective lighting provides safety and direction for vehicles and pedestrians and visibility and security for the hotel businesses. V . � � e a. All external corridors shall have clear instructions for emergency exits, as well as fire � extinguishers and alarm buttons where appropriate. b. Landscaping shall maintain adequate sight lines for visual safety, visibility and efficient security. C. Pedestrian areas, paseos, sidewalks, parking lots and building entrances should be adequately lit to provide safety and security. ;, d. Lighting should be designed to provide ambiance, safety, and security without unnecessary spillover or glare onto adjacent properties and light intensity should be µh _: of satisfactory quality to ensure visibility, safety, and security. Landscaping accents thc,architecturat design and project theme 3) Building Desmon Coi4prelhensliva Devoldpriment Q 0 E 6 a. Public or semi-public spaces (hoteVmotel lobby, restaurants, meeting rooms, and banquet facilities) sited at ground level adjacent to a pedestrian walkway or a major street shall use glass and transparent materials between the height of three feet (3') . and eight feet(S') above the walkway or street grade. b. Noise attenuation techniques shall be included in the design of buildings near major ; noise generators (e.g., major streets and highways). 'Techniques may include: � double pane glass, berms, or lowering the grade of the subject building below the roadway elevation. c. Air conditioning units shall not be visible from public streets. Vents for PTAC units must be incorporated into the winnow design. d. Guest rooms shall be accessible from hallways within hotels over two stories.Avoid room entrances directly adjacent to parking lots or exterior walkways. e. Walkway, stairway and balcony railings and other similar details shall be visually ' f � substantial and stylistically consistent with the basic building design. w� Eft r y '1 :.f�Ff' 2Y IY f tl w �f,1✓.`"'t6,X1'. Stairs sh€xdd be an infegral design feature and net an afterthought comprehensive • s b Appendix "A" Architectural Style Sheets Comprehensive a a Plan: • i Appendix "B" EXHIBIT B-I a Architectural Elevations —Commercial �4ur3jfl 3 t4 - YA'Y l "^YrY SOUTH ELEVATION ..., �,.. w k tO r su n NORTH ELEVAMN WEST EIEVAT10,14 Comprehensive B - e a EXHIBIT B-1 b Architectural EleNu ons— Restaurant ✓ w r , i z NOUN PAs. rr f 4 S 1 SOUTH ELEVATION WEST ELF—VATt19tN REAL v htO` THLEVATION EAST LF-VATION to ir e h e tisive.Development'Plan. Pago; EXHIBIT B-1 c - Architectural Elevations —Hotc s,crsh<'4`� �sf �{Pwt4f£r2j+t�'.. �` _ raA �40 3i � 3cPz '"e Mlfitt'r'`1'Sy 2xrwsxr, -T}dryer Y ,axkgr4es Ni,'ty � ' t�,031) "'�S``f#"t� �aY, '` 3 r;rte .�� t RACK rN OF _T'_k#)fLf, J=TIG, Comprehensive r • • Ueld i • _ ` _ it » , z �. ;- 5 � 1 r vu ISi uald juaLu clamp lenj aouoo Z-8 1181HX 1 EXHIBIT B-2 a Landscape Concept Plans -- Corner Plaza S`,vy� ,j•.� ;. p`Kg"f, Fya, (. t _.��;;'�t rr° •� t:.�s< t t i i tN�,, �tt i�i�. Comprehensive DevelopmentPage 53 EXHIBIT B-2 b Landscape C©nce t flans — East Perimeter EY- f w 5,C Comprehensive s r EXHIBIT B-2 c Landscape,Concept Plans— Interior Courtyard yy s , yy h E{ y r t Comprehensive Development Plan: s EXHIBIT B-2 d Landscape Concept Plans - MotorCourt 4a Q� F Ce y �4 f e9 �x. ^. 4 .. .... Com prehonsiveDevolopmentE ♦ - M ib 4' Tk .K EXHIBIT B-2 a Landscape Concept Plans — Hotel Fool Area yrr :i r: . dryCi¢ 1: Comprehensive iP89a 57