2012-0904_CAPISTRANO VALLEY MOBILE ESTATES_Affordable Unit Agreement00
RECORDING REQUESTED BY AND
AFTER RECORDATION, MAIL TO:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Atm.: f\M4 I c� Ntor t- t S
GtyCletk
This Docu� electronically recorded by
R uth County C
Recorded in Oficial Records, Orange County
Tom Daly, Clerk -Recorder
1111/11111 N11I NIIIIIIIINO FEE
2012000630441 02:35pm 10/16/12
65 404 Al C39 12
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T i—Tis Agreement is recorded at the request and for the benefit of the City of San Juan Capistrano and is exempt from
the payment of a recording fee pursuant to Government Code Section 6103.
AFFORDABLE UNIT AGREEMENT
AND RESTRICTIVE COVENANTS
THIS AFFORDABLE UNIT ,AGREEMENT AND RESTRICTIVE COVENANTS
("Agreement") is executed as of the 1 +hday of September 2012 by and between the CITY OF
SAN JUAN CAPISTRANO, a municipal corporation ("City"), and CAPISTRANO VALLEY
MOBILE ESTATES, A California Limited Liability Company ("Owner"), with reference to the
following:
A. City, on July 10, 2012, approved Planning Commission Resolution No.
12-07-10-03 ("Project Approval") authorizing, subject to the issuance of building
permits and other conditions, two additional mobilehome spaces ("Project") in the
mobilehome park known as CAPISTRANO VALLEY MOBILE ESTATES, located at
26000 Avenida Aeropuerto (Assessor's Parcel Number 121-240-35) in the City of San
Juan Capistrano ("Site") legally described on Exhibit "A" to this Agreement.
B. As a condition to the Project Approval and pursuant to San Juan
Capistrano Municipal Code Section 9-3.505, this Agreement and the terms and
covenants herein are required as a condition to owner's utilization of the two additional
spaces.
NOW THEREFORE, in consideration of the representations, covenants, and obligations
of Owner contained in this Agreement, Owner, on behalf of itself and its successors and assigns,
hereby covenants and agrees as follows:
Income Restricted Unit.
Owner hereby covenants on behalf of itself, and its successor and assigns, which
covenant shall run with the land and bind every successor and assign in interest of Owner, that,
throughout the ten (10) year term of this Agreement:
(a) One space in the Project (the "Lower Income Unit") as selected by Owner
shall be rented only at an "Affordable Rent" to a "Lower Income Household" (as defined below)
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without a mortgage attached to the unit, or the unit may be owned by the Owner and rented with
the space; and
(b) The Owner shall use its best efforts to verify the information submitted
by the tenant of the Lower Income Unit at the time of submission of such information, in one or
more of the following methods:
i. Obtain two (2) paycheck stubs from the tenant's two (2) most
recent pay periods, if any.
ii. Obtain a true copy of an income tax return from the tenant for the
most recent tax year in which a return was filed, if any.
iii. Obtain an income verification certification from the employer of
the tenant, if any.
iv. Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if
the tenant receives assistance from such agencies, if any.
V. Obtain an alternate form of income verification reasonably
requested by the Owner, if none of the above forms of verification is available.
(c) The lease or rental agreement for the Lower Income Unit shall prohibit
subleasing to ensure its availability to Lower Income Households.
2. Definitions,
For purposes of this Agreement:
(a) "Area Median Income" shall mean the median income for Orange County,
California, adjusted for household size, as published and periodically updated by the State Department of
Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety
Code.
(b) "Affordable Rent" shall mean a rental space rate which results in monthly
payments which, on an annualized basis, including a reasonable utility allowance, do not exceed: for a
Lower Income Household, one -twelfth (1/12) of thirty percent (30%) of Eighty percent (80%) of Area
Median Income.
(c) "Lower Income Household" shall mean a household whose combined
annual income for all household members 18 years of age or older does not exceed eighty
percent (80%) of the Area Median Income.
3. Location of Restricted Units.
within the site.
The Lower Income Unit shall be that unit selected by and designated by Owner
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4. Tenant Selection and Reporting Requirements.
Tenant applicants for the Lower Income Unit shall be screened by Owner for
compliance with the California Civil Code requirements for Mobilehome park residents and the
income restrictions of this Agreement. Income verification documentation, lease agreements and
rent rolls for the Lower Income Unit shall be maintained by Owner for a period of not less than 2
years from origination of each tenancy, and shall be subject to inspection by the City at any time
upon 48 -hours advance written notice to Owner. Annually and not later than April 15`h of each
calendar year during the term of this Agreement following completion of the Project, Owner
shall provide to the City a report which includes the name, address and income of each person
occupying the Lower Income Unit during the preceding calendar year, and identifying the
monthly rent received for the Lower Income Unit and certifying that the Tenant met the
household income requirement at the time of the commencement of the lease or rental
agreement.
5. Term of this Agreement.
This Agreement and the covenants herein shall be effective on the date hereof and
shall continue in full force and effect for a period of ten (10) years thereafter, whereupon this
Agreement shall terminate and be of no further force or effect; provided, however, that if the
Project is for any reason not completed b, Y Owner and substantially occupied in accordance with
this Agreement on or before��QC}ui} a T. 2013, then Owner at its election on written notice to
City may thereupon terminate this Agreement.
6. Covenants Run With the Land.
The covenants and agreements established in this Agreement shall be covenants
running with the land, and shall, without regard to technical classification and designation, be
binding on Owner and any successor -in -interest to Owner's interest in the Site, or any part
thereof, for the benefit of and in favor of City and its successors and assigns, limited to the term
Hereof.
7. Recordation.
City and Owner shall cause a fully executed copy of this Agreement to be
recorded in the Official Records of the Orange County Recorder. Owner shall have the absolute
right to place a notice on the public record noting the cancellation of this agreement either on the
happening of the event or events set forth in Paragraph 5 above. This agreement once recorded
shall be subordinate to any and all loans placed upon the site by owner and secured by the real
property set forth in Exhibit A hereto, provided that City shall have the right, but not the
obligation, to revoke the Project Approval upon an event of early termination of the Agreement.
8. Enforcement.
City shall have the right - but not the obligation - if any of the covenants set forth
in this Agreement which are provided for its benefit are breached, and if such breach is not cured
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by Owner within sixty (60) days of City's providing written notice to Owner specifying the
nature and extent of the breach to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breach to
which it may be entitled, including but not limited to, revocation of the Project Approval,
withdrawal of a certificate of occupancy, foreclosure of any monetary lien, and maintaining an
action for specific performance. Except for City, the covenants and restrictions contained in this
Agreement shall not benefit nor be enforceable by any owner of any other real property or any
other person or entity.
9. Attorneys' Fees.
In the event of litigation arising out of this Agreement, the prevailing party shall
be entitled to recover reasonable costs and attorney's fees as set forth by a Court of Competent
Jurisdiction.
10. Miscellaneous Provisions.
(a) Notices. All notices, demands, requests, consents, approvals or other
communications (the "Notices") required or permitted to be given by this Agreement shall be in
writing and shall be either personally delivered, or sent via telecopy with receipt confirmation, or
by Federal Express or other regularly scheduled overnight courier or sent by United States mail,
registered or certified with return receipt requested, properly addressed and with the full postage
prepaid. Said notices shall be deemed received and effective on the earlier of (i) the date actually
received (which, in the case of telecopied notice, shall be the date such telecopy is transmitted
with confirmation of receipt, and which, if received after 5:00 p.m. recipient's time, shall be
deemed delivered the next business day) or (ii) three (3) business days after being placed in the
United States Mail as aforesaid. Said Notices shall be sent to the parties hereto at the following
addresses, unless otherwise notified in writing:
If to City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Housing
With a copy to: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Attorney
If to Owner: Capistrano Valley Mobile Estates
26000 Avenida Aeropuerto
San Juan Capistrano, CA 92675
With a copy to: The Gibbs Law Firm APC
110 East Ave Palizada, Ste. 201
San Clemente, CA 92672
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(b) Execution in Counterparts. The parties may execute this document in one
or more counterparts; each counterpart shall be deemed an original instrument as against any
party who has executed it.
(c) Governing Law. This Amendment and the Lease shall be construed in
accordance with and governed by the laws of the State of California.
(d) Due Authorization and Execution. This Agreement and all agreements,
instruments and documents executed or to be executed in connection herewith by either party
were duly authorized and shall be binding upon the party that executed and delivered the same.
(Signatures on Following Page.)
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• • • •
IN WITNESS WHEREOF, City and Owner have caused this instrument to be executed
as of date first written above.
OWNER:
CAPISTRANO VALLEY MOBILE ESTATES, LLC
BY:
APPROVED BY:
CITY OF SAN JUAN CAPISTRANO a municipal
corporation
BY:
DEVELOPMEN R IC S DIRECTOR
C1�l��
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California Notorial
Loose Certificate
attached
9AFORNIA ALL -PARE
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
County of Orange
On !?- Z 7^ / Z before me, B. Beisel, Notary Public,
personally appeared 1, " -4 ' E —ee--) C—
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/are
subscribed to the within instrument, and acknowledged to me that he/she4hey executed the same in
his/herftheir authorized capacity(ies), and that by hiw1wr-4keir signature(s) on the instrument 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
pararaph is true and correct.
B. BEISEL
m
COMM ... 1882713 m
WITNESS my hand and seal. I NOTARY PUBUCCAUFORNIA
• m ORANGE COUNTY 01
My Term Exp. March 14, 2014
(Notary Seal)
Sigltata o cry Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Title of document or description
(Title or description of attached document)
Title or description continued
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly ai
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only escepnom is if a
da¢urnem is to he recorded outside of California In such instances, any ahernanve
acknowledgment verbiage as may be printed on such a document so long as the
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Cahformia (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording ami attach this form if required
I
• State and County information must be the State and County where the document
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e Additional information is not required but could help to ensure this
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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 September 24, 2012, before me, Maria Morris, City Clerk, personally appeared
Grant Taylor, Development Services Director , 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 me that he/she/they executed the same in his/her/their authorized capacity, and that
by his/her/there signature on the instrument 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.
(SEAL)
Capacity Claimed by Signers
Development Services Director
Title
Signer is Representing
City of San Juan Capistrano
OPTIONAL
Description of Attached Document
Title or Type of Document
Affordable Unit Agreement and Restrictive
Covenants
Date of Document: September 24, 2012
Number of Pages: 10
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EXHIBIT "A"
Legal Description of Site
All that certain land situated in the State of California, County of Orange, City of San Juan
Capistrano, described as follows:
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Property commonly known as: 26000 Avenida Aeropuerto,
San Juan Capistrano, California 92675
APN: 668-211-20
121-240-35
668-231-01
Real property, in the City of San Juan Capistrano and Vicinity, County of Orange, State
of California, more fully described as:
That portion of the Northerly 59'h acres of that part of the Pryor Homestead Tract in
said Rancho which was allotted to Rosa A. de Pryor by Final Decree of Partition
rendered in Case No. 1210 in the Superior Court of Orange County, California,
described as follows:
Commencing at the Southwesterly corner of said 59 'h acre tract above mentioned;
thence along the Westerly lire of the land so allotted to Rosa A. de Pryor North 170 57'
30" Fast 300 feet; thence East 20 feet; thence North 17° 57' 30" East 922.08 feet, more
or less, to a point which is North 89" 45' East 20 feet from the Northwesterly corner
of the land so allotted to Rosa A. de Pryor; thence along the Northerly line of the land
so allotted to Rosa A. de Pryor North 89" 45' East 1560.50 feet to a point in the
Westerly line of the right of way of The Atchison, Topeka and Santa Fe Railway
Company, as said right of way is shown on a Map filed in Book 2, Page 33 of Record
of Surveys in the office of the County Recorder of Orange County, California; thence
along the Westerly line of the right of way of said Railway Company South 320 33'
West 1608.75 feet, more or less, to the intersection of the Westerly line of the right of
way of said Railway Company with the Southerly line of the Northerly 59 'h acres of
that tract allotted to Rosa A. de Pryor mentioned above; thence along the Southerly line
of said 59 % acre tract North 80" 18' West 1107.5 feet to the point of beginning.
Said land is shown as Parcel "G" on Sheet No. 3 of a Map entitled San Juan Capistrano
and Vicinity filed in Book 2, Pages 31 to 37, both inclusive, of Record of Surveys in
the office of the County Recorder of Orange County, California.
An easement for roadway purposes over a strip of land 16 feet in width in the West half
of Fractional Section 13, Township 8 South, Range 8 West, S.H.B. & M., described
as follows:
A slip of land 16 feet in width, being 8 feet on either side of the following described
center line: Commencing at a point on the South line of said Fnsetional Section 13, said
line being also the North line of the Rancho Boca de la Playa, said point being distant
South 89° 45' Fast 39.25 feet from the interaction of the center line of the right of way
of The Atchison, Topeka and Santa Fe Railway Company road (as said Railroad right
of way is shown on a Map filed in Book 2, Page 33 of Record of Surveys in the office
of the County Recorder of Orange County, California) with the above mentioned South
line of Fractional Section 13; thence on a line parallel to and 8 feet distant from the East
line of said right of way North 32' 33' Bast, a distance of 491.00 feet to the beginning
of a curve concave to the Southeast and having a radius of 50 feet; thence leaving said
tight of way and following said curve a distance of 38.40 feet; thence on tangent North
76' 33' East 273.20 feet to the beginning of a curve concave to the South, having a
radius of 50 feet; theme along said curve 54.50 feet; thence on tangent South 41' 00'
East 75.36 feet to the beginning of a curve concave to the North having a radius of 50
feet; thence along said curve a distance of 28.40 feet; thence on tangent South 73'31'
East a distance of 270.90 feet to the beginning of a curve concave to the North having
a radius of 150 feet; thence along said curve a distance of 170.74 feet; thence on
tangent North 41' 14' East on the Southerly prolongation of the center line of the State
Highway, a distance of 91.50 feet to a point in the center line of said State Highway,
said point being the North end of a curve at the South end of a course given on the right
of way Map on file in the office of die State Highway Commissioner at Sacramento, as
North 41' 14' East 509.43.
EXCEPTING THEREFROM that portion included within the land described in the deed
from Union Bank & Trust Co. of Los Angeles to the State of California recorded
February 20, 1945 in Book 1303, Page 315 of Official Records.
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That portion of Fractional Section 14, Township 8 South; Range 8 West, S.B.B & M.,
described as follows:
Commencing at the Northeast corner of said Fractional Section 14; thence North 89'
43' West 235 feet; thence South 0' 18' 30" East on a line parallel to the Past line of
said Section 14, a distance of 652.3 feet to a point on the North line of the Rancho Boca
de la Playa; thence North 89' 45' East 235 feet to the East line of said Fractional
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Section 14; thence North 00 18' 30" West 650.13 feet to the point of beginning.
Said parcel of land is shown as the East 235 feet of Parcel 'E" on Sheet No. 3 of a Map
=tided San Juan Capistrano and Vicinity filed in Book 2, Page 31 to 37, inclusive, of
Record of Surveys in the office of the County Recorder of Orange County, California_
14 1Jrfe
Lots 1, 5, 6 and 7 of Tract No. 103, as shown on a Map recorded in Book 11, Pages
29 to 33, inclusive, of Miscellaneous Maps, Records of Orange County, California.
EXCEPT T1IEREFROM that portion of Lots 1, 5, 6 and 7 of Tract No. 103, described
as follows:
Beginning at the most Westerly corner of said Lot 5, being a point in the Easterly line
of the right of way, 60.0 feet in width, of the Atchison, Topeka and Santa Fe Railway
Company, as conveyed by deed dated December 17'x, 1888, recorded April 20, 1889
in Book 559, Page 258 of Deeds, records of Lm Angeles CouZ, California; thence
Southerly along said Easterly line, being also the Westerly lines of said Lots 5 and 6,
a distance of 206.7 feet to a point in the Notch line of San Juan Capistrano Townsite,
as recorded in Book 3, Page 120 of Miscellaneous records of Los Angeles County,
California; thence West along said North lice 5.30 feet to the Northerly terminus of the
Easterly line of the right of way, 50.0 feet in width, of said Railway Company as
conveyed by deed dated July 15, 1887, recorded July 30, 1887 in Book 271, Page 115
of Deeds records of Los An¢eles County, California; thence Southerly along said
Easterly line of the 50 foot wide right of way, being also the Westerly line of said Lots
6 and 7, a distance of 105.05 fleet to the most Southerly corner of said Lot 7; thence
Easterly 10.00 feet along the Southerly line of said lot; thence Northerly parallel with
the last described Easterly line of Railway right of way and distant 10.00 feet Easterly
at right angles therefrom, and being also parallel with said easterly line of Railway right
of way fust described herein, and distant 5.00 feet Easterly therefrom, a distance of
310.00 feet to a point in the Northerly line of said Lot 5; thence Westerly along said
Northerly lot lire 5.00 feet to the point of beginning, containing an area of 0.048 of an
acre, more or less.
Also beginning at the most Westerly corner of said Lot 1, being a point in said Easterly
line of right of way, 60.00 feet in width; thence Southerly along said Easterly line;
being also the Westerly line of said Lot 1, a distance of 110.81 feet to the most
Southerly corner of said Lot l; thence Easterly along the Southerly line of said Lot 1
to a point in a lime distant 5.0 feet Easterly from and parallel to said Easterly lien of
right of way; thence Northerly along said parallel line to point of intersection with the
Northerly line of said Lot 1; thence Westerly along said Northerly line to the point of
beginning, containing an area of 0.013 of an acre, more or less.
RESOLUTION NO. 12-09-04-03
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 12-005, ARCHITECTURAL CONTROL 12-005, AND
FLOODPLAIN LAND USE PERMIT 12-001 APPLICATIONS FOR
ARCHITECTURAL ALTERATIONS TO THE CLUBHOUSE, REMOVAL
OF TWO LAUNDRY FACILITIES AND THE INSTALLATION OF TWO
NEW MOBILE HOMES AT THE CAPISTRANO VALLEY MOBILE
ESTATES LOCATED AT 26000 AVENIDA AEROPUERTO (ASSESSOR
PARCEL NUMBER 121-240-35) (FULBRIGHT RODRIGUEZ
ARCHITECTS, INC.)
Whereas, Fulbright Rodriguez Architects, Inc. on behalf of Capistrano Valley Mobile
Estates have requested approval to allow architectural alterations to the clubhouse,
removal of eight parking spaces, removal of two laundry facilities and installation of two
new mobile homes within the mobile home park, one of which will be covenanted as
affordable to lower income households for ten years, located at 26000 Avenida Aeropuerto
which is General Plan -designated Industrial Park (IP) and classified as Mobile Home Park
(Industrial Park) MHP (IP); and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
L Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and determined that the
project qualifies for a Class 15303 New Construction categorical exemption; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on July
10, 2012, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project and
has considered all relevant public comments.
Whereas, the City Council conducted a duly -noticed public hearing on September4,
2012, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project and
has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings:
LSection 9-2.317 of the Title 9, Land Use Code establishes the following findings required
for approval of a Conditional Use Permit:
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1. The proposed design alterations to the existing use of the mobile home park are
consistent with the maps and policies of the General Plan because the residential
mobile home park use is not proposed to be changed but rather modified to include
two additional mobile homes.
2. The proposed use and design is consistent with the purpose, intent, and standards
of the Land Use Code because the proposed design alterations to the clubhouse
will complementthe existing architectural style and because the new mobile homes
will complement the existing homes with respect to size and location on the
individual spaces.
3. The site for the proposed mobile homes is adequate in size and shape to
accommodate all yards, open spaces, setbacks and parking areas, fire and building
code considerations because the two proposed spaces will provide for designated
parking within the space, setbacks that complement the adjacent spaces, and
building codes will require review and permitting by the City's Building & Safety
Division.
4. The proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances,
or hazards because the mobile homes will be designed to complement the existing
homes with respect to color and site area landscape; and because the new laundry
facility will be located within the club house facility building.
5. The site for the proposed use has adequate access and parking to support the use
because the new spaces will be served via existing access streets and 2 parking
spaces are proposed for each space. The club house has existing parking spaces
that will serve the new laundry room.
Section 9-2.313 of the Title 9, Land Use Code establishes the following findings required
for approval of an Architectural Control:
The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan because the mobile homes are proposed to be
located on individual spaces, adhere to setbacks as required under the State
Housing and Community Development Departments Title 25, and the alterations to
the interior of the club house will be subject to review and approval of a building
permit.
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element
because the project proposes to install new mobile homes to complement the
existing setbacks and development standards for the community and will not result 71in a deviation from the design and uses within the mobile home park.
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L 3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and otherfeatures pertaining to the application because
both mobile homes are proposed to adhere to the HCD Title 25 regulations.
4. Although mobile homes are not regulated by the adopted Architectural Design
Guidelines of the City, the proposed mobile homes are designed in character, scale
and quality of the architecture, site design and landscaping consistent with existing
mobile homes located within the park.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the two new mobile homes will utilize existing streets for
access and pedestrian access is achievable via the street network.
6. The proposed use and design of the project is 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 new mobile home spaces will be designed to HCD Title
25 standards and regulations.
Section 9-2.321 of the Title 9, Land Use Code establishes the following findings required
for approval of a Floodplain Land Use Permit:
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 new mobile
homes are proposed to be installed at a grade elevation consistent with the existing
units and with the respective setbacks mandated by HCD Title 25.
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 new mobile homes will be
installed within the park and will not alter the existing surface elevation of the site.
3. Development and use of the property as proposed are consistentwith General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the new mobile homes will complement the existing aesthetics of the park
and will utilize the existing vehicular circulation, and existing grade elevations.
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.
3 9/4/2012
C-]
•
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve the proposed project subject to the conditions of
approval in Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED, AND ADOPTED this 4th day of September 2012.
i
LARRY KRAMER, MAYOR
ATTEST:
MARIA MORRIS, i3IV, CUERK
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 Resolution No. 12-09-04-03 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 0, day
of September 2012, by the following vote:
AYES: COUNCIL MEMBERS: Freese,
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
MARIA MORRIS, City Clerk -
Reeve, Taylor and Mayor Kramer
9/4/2012
0 0
RESOLUTION # 12-09-04-03
LCONDITIONS OF APPROVAL
PROJECT LOG #: Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-
005, Floodplain Land Use Permit (FP) 12-001, and Affordability
Covenant for One Unit
PROJECT NAME: Capistrano Valley Mobile Estates
APPROVAL/ EFFECTIVE DATE: September 4, 2012
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 successors) in interest to the terms of this approval.
General Conditions:
1. The subject project proposes exterior and interior architectural alterations to the
clubhouse, removal of two laundry facilities and installation of two new mobile homes
located at 26000 Avenida Aeropuerto (Assessor Parcel Number 121-240-35). This
project approval is based on and subject to the application materials prepared by
Fulbright Rodriguez Architects, Inc. dated May 3, 2012, including site plan, building
elevations, and floor 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
i 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, or City Planner. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose Its own
attorney to represent the City, its officers, employees, and agents in the defense of
the matter.
L _ 5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
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Resolution #12-09.04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 2 of 7
Conditional Use Permit (CUP)12-005, Architectural Control (AC)12-005,
Floodolain Land Use Permit (FP) 12-001. and Affordability Covenant for One Unit
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
8. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. Tree Removal Permits shall be required for any tree(s) proposed to be removed.
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, odor, 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 Orange for processing
environmental documents.
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specked in these
conditions. (B&S)
The following conditions of approval shall be met prior to or in conjunction with the
Issuance of any grading permit(s):
13. Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall
fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department 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, water,
street, and all appurtenant improvements. (PW -ENG)
14. Gradin 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 approval 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,
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Resolution #12-09.04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 3 of7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodolain Land Use Permit (FP) 12-001 and Affordability Covenant for One Unit
the drainage, any applicable retention/detention basins, sewer, 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/DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place. (DSD)
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. (DSD)
C. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSO)
d. Location, height, materials and colors of any retaining walls. (DSD)
_ 15. Soils/Geoloov. 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. (PW -ENG)
16. 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 Engineer 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)
17. 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 Plans 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)
18. Recvclino/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
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Resolution 012-09-04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 4 of 7
Conditional Use Permit (CUP)12-005, Architectural Control (AC)12-005,
Floodolain Land Use Permit (FP) 12-001 and Affordability Covenant for One Unit
California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (PW -ENG) 5
19. Prooerties in Flood 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)
20. BuNdino Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way
Improvement permits, the applicant shall provide to the Engineering and Building
Director a letter of verification from the Flood Insurance Administration (FIA)
confirming that the proposed building pad elevations are designed above the
minimum specific elevation required by FIA. (PW -ENG)
21. FEMA Requirements to Revise Flood Insurance Rate Map (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)
22. Existino Easements. Prior to issuance of a grading permit, applicant shall 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 -ENG)
= 23. Oranoe County Fire Authority (OCFA) Aporoval. 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).
24. Fire Flow Demands. Prior 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. (OCFA)
The following conditions shall be met prior to or in conjunction with the Issuance of any
building permit(s):
_ 25. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building and Safety Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes. (B&S)
Resolution #12-09.04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 5 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC)12-005,
Floodplain Land Use Permit (FP) 12-001 and Affordability Covenant for One Unit
26. Building Construction Plans. Prior to issuance of building permits, the applicant shall
submit final construction plans, building elevations and floor plans to the Building and
Safety 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). Plans shall address the following: (DSD)
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 backflow devices. AN equipment shall be screened from
public view and designed to be an integral component of the building
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.
U 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.
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 backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. 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, (ENG/PLN)
27. OCFA Review of Architectural Building 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
Form! Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
28. Parkins Regulations and Standards. Prior to the issuance of ANY building permit, the
applicant shall demonstrate compliance with the Municipal Code parking
requirements and standards as outlined in Section 9-3.535; furthermore, designated
street parking areas shall not be striped.
I
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Resolution #12-09-04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 6 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC)12-005,
Floodolain Land Use Permit (FP) 12-001. and Affordability Covenant for One Unit n
29. Affordability Covenant. Prior to the issuance of a building permit, the applicant shall
submit the final executed Affordability Covenant for one unit within the park to be
restricted as affordable to lower income households, for a period of ten years.
The following conditions shall be met continuously during construction and prior to
Issuance of any Building Permit:
30. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas (DSD)
31. 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)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the Development
Services Director and shall be subject to supplemental Geotechnical Soils
Report and additional fees. (PW -ENG)
32. Waste Disposal 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)
33. Construction hours. Construction hours shalt 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.(DSD)
34. Temoorary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
The following ongoing conditions shall be compiled with at all times after completion of
the project.
— 35. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
36. 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. (DSD) 171
Resolution #12-09.04-03 Conditions of Approval
Capistrano Valley Mobile Estates Page 7 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001. and Affordability Covenant for One Unit
37. The property owner shall execute a covenant and restriction that one new coach shall
be an affordable housing unit.
Responsible Departments/Agencies:
DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Applicant Signature
Applicant's name/title (print)
II
Date
UAV Q 9/4/2012
w., r
kryi .w� E3
City of San Juan apistrano
Age port
TO: Karen P. Brust, City M�n `
FROM: Grant Taylor, Developm nt Services Director
Prepared by: David Contreras, Senior Planner 1
Prepared by: Laura Stokes, Housing Coordinator
DATE: September 4, 2012
SUBJECT: Consideration of Conditional Use Permit (CUP) 12-005, Architectural
Control (AC) 12-005, Floodplain Land Use Permit (FP) 12-001, and
Affordability Covenant for One Unit at the Capistrano Valley Mobile
Estates (CVME); a Request for Review of Proposed Architectural
Alterations to the Clubhouse, Removal of Two Laundry Facilities and
Installation of Two New Mobile Homes Located at 26000 Avenida
Aeropuerto (Assessor Parcel Number 121-240-35),
RECOMMENDATION:
Open a public hearing, receive public testimony, close the public hearing; and by
motion,
1) Adopt a Resolution approving Conditional Use Permit 12-005, Architectural Control
12-005, and Floodplain Land Use Permit 12-001 subject to conditions of approval;
and,
2) Review and authorize the Development Services Director to execute the Affordability
Covenant, and direct the City Clerk to have the document recorded.
EXECUTIVE SUMMARY:
The applicant proposes to demolish two existing laundry buildings and infill the spaces
with two new mobile home units; and remodel the clubhouse to accommodate a new
laundry room. The laundry room will be located within the club house building and will
include the remodel of windows and doors. The project proposes the removal of eight
guest parking spaces. The municipal code requires that 10% of new units be provided
for affordable housing, or in this instance 0.2 of the coaches. The park has elected to
make one unit in the park subject to an affordability covenant and restrictions.
DISCUSSION/ANALYSIS:
The applicant has identified that the existing laundry buildings are underutilized because
residents have installed washers and dryers within the private mobile homes. The
demolition of eight parking spaces will result in an impact to the park's guest parking
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City Council Agenda Report
September 4, 2012
Page 2 of 3
inventory. Although the Resident's Association does not permit year-round parking on
the street, the park has a potential inventory of 150 on the street spaces. The park is
existing and non -conforming with respect to the current Municipal Code parking
standards. In an effort to comply with the parking standards, the applicant would be
required to comply with condition No. 28 as outlined on the attached resolution.
The entire park site is located within the Hazardous Flood Zone designated in the 2005
Federal Emergency Management Agency's Flood Insurance Rate Maps (FIRM).
Municipal Code Section 9-2.321 (Code) requires the processing of a Flood Plain Land
Use Permit for all lands that are situated within special flood hazard areas as delineated
by the FIRM map for the City of San Juan Capistrano. The Code requires that the
Planning Commission review any application for a floodplain land use permit at a
noticed public hearing and forward a recommendation to the City Council for final
action. The Code requires the City Council to make four findings in order to approve the
project (Attachment 1).
The park has worked with City staff to form an Affordability Covenant which restricts one
unit in the park to be reserved for a lower income household for a period of ten years.
Under this Covenant, the park management will report to the City annually to confirm
that the household remains low income, and that the unit remains affordable. Staff
recommends the City Council authorize the Development Services Director to execute
the Covenant and provide oversight of the Covenant obligations (Attachment 2).
FISCAL IMPACT:
The submitted developer deposit is used to fund the processing of this entitlement. The
project does not have an impact on the General Fund.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act. The City's Environmental Administrator has determined that the project is
categorically exempt from further review per Section 15303 New Construction. A Notice
of Exemption (NOE) will be posted should the project receive final approval.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On June 21, 2012, the Design Review Committee reviewed the project and
forwarded a recommendation of approval to the Planning Commission.
• On July 10, 2012, the Planning Commission conditionally approved Resolution No.
12-7-10-1 (Attachment 3) and forwarded a recommendation of approval to the City
Council.
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City Council Agenda Report
September 4, 2012
Paae 3 of 3
NOTIFICATION:
Steve Behmerwohld, CVME Resident Association President and pursuant to Title 9,
Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has
been mailed to all property owners (as listed on the Orange County Real Property Tax
Assessment rolls) within one -thousand (1,000) feet of the project; has been published in
the Capistrano Valley New at least ten (10) days prior to the hearing; and has been
posted at three public locations (Attachment 4). This agenda item has been provided to
the applicant and their representative through posting of the agenda packet on the
City's website.
ATTACHMENTS:
Attachment 1 — City Council Resolution
Attachment 2 — Affordability Covenant
Attachment 3 — Planning Commission Resolution
Attachment 4 — Public Hearing Notice
Enclosure(s):
Site Plan & Elevations (Fulbright Rodriguez Architects, Inc. May 3, 2012)
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RESOLUTION NO. 12-09-04-X
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12-005, ARCHITECTURAL
CONTROL 12-005, AND FLOODPLAIN LAND USE PERMIT 12-001 APPLICATIONS
FOR ARCHITECTURAL ALTERATIONS TO THE CLUBHOUSE, REMOVAL OF TWO
LAUNDRY FACILITIES AND THE INSTALLATION OF TWO NEW MOBILE HOMES AT
THE CAPISTRANO VALLEY MOBILE ESTATES LOCATED AT 26000 AVENIDA
AEROPUERTO (ASSESSOR PARCEL NUMBER 121-240-35) (FULBRIGHT
RODRIGUEZ ARCHITECTS, INC.)
Whereas, Fulbright Rodriguez Architects, Inc, on behalf of Capistrano Valley
Mobile Estates have requested approval to allow architectural alterations to the clubhouse,
removal of eight parking spaces, removal of two laundry facilities and installation of two
new mobile homes within the mobile home park, one of which will be covenanted as
affordable to lower income households for ten years, located at 26000 Avenida Aeropuerto
which is General Plan -designated Industrial Park (IP) and classified as Mobile Home Park
(Industrial Park) MHP (IP); 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 reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 15303 New Construction categorical exemption; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 10, 2012, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
Whereas, the City Council conducted a duly -noticed public hearing on
September 4, 2012, pursuant to Title 9, Land Use Code, Section 9-2.302, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby make the following findings:
Section 9-2.317 of the Title 9, Land Use Code establishes the following findings required
for approval of a Conditional Use Permit:
ATTACHMENT1
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The proposed design alterations to the existing use of the mobile home park are
consistent with the maps and policies of the General Plan because the residential
mobile home park use is not proposed to be changed but rather modified to include
two additional mobile homes.
The proposed use and design is consistent with the purpose, intent, and standards
of the Land Use Code because the proposed design alterations to the clubhouse
will complement the existing architectural style and because the new mobile homes
will complement the existing homes with respect to size and location on the
individual spaces.
The site for the proposed mobile homes is adequate in size and shape to
accommodate all yards, open spaces, setbacks and parking areas, fire and building
code considerations because the two proposed spaces will provide for designated
parking within the space, setbacks that complement the adjacent spaces, and
building codes will require review and permitting by the City's Building & Safety
Division.
4. The proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances,
or hazards because the mobile homes will be designed to complement the existing
homes with respect to color and site area landscape; and because the new laundry
facility will be located within the club house facility building.
5. The site for the proposed use has adequate access and parking to support the use
because the new spaces will be served via existing access streets and 2 parking
spaces are proposed for each space. The club house has existing parking spaces
that will serve the new laundry room.
Section 9-2.313 of the Title 9, Land Use Code establishes the following findings required
for approval of an Architectural Control:
The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan because the mobile homes are proposed to be
located on individual spaces, adhere to setbacks as required under the State
Housing and Community Development Departments Title 25, and the alterations to
the interior of the club house will be subject to review and approval of a building
permit.
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Plan, including the Community Design Element
because the project proposes to install new mobile homes to complement the
existing setbacks and development standards for the community and will not result
in a deviation from the design and uses within the mobile home park.
2
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3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and otherfeatures pertaining tothe application because
both mobile homes are proposed to adhere to the HCD Title 25 regulations.
4. Although mobile homes are not regulated by the adopted Architectural Design
Guidelines of the City, the proposed mobile homes are designed in character, scale
and quality of the architecture, site design and landscaping consistent with existing
mobile homes located within the park.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the two new mobile homes will utilize existing streets for
access and pedestrian access is achievable via the street network.
6. The proposed use and design of the project is 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 new mobile home spaces will be designed to HCD Title
25 standards and regulations.
Section 9-2.321 of the Title 9, Land Use Code establishes the following findings required
for approval of a Floodplain Land Use Permit:
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 new mobile
homes are proposed to be installed at a grade elevation consistent with the existing
units and with the respective setbacks mandated by HCD Title 25.
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 new mobile homes will be
installed within the park and will not alter the existing surface elevation of the site.
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 the new mobile homes will complement the existing aesthetics of the park
and will utilize the existing vehicular circulation, and existing grade elevations.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve the proposed project subject to the conditions of
approval in Exhibit A, attached hereto and incorporated herein.
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PASSED, APPROVED, AND ADOPTED this 4t" day of September 2012.
ATTEST:
MARIA MORRIS, CITY CLERK
LARRY KRAMER, MAYOR
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RESOLUTION # 12-9-04-X
CONDITIONS OF APPROVAL
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PROJECT LOG #: Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-
005, Floodplain Land Use Permit (FP) 12-001, and Affordability
Covenant for One Unit
PROJECT NAME: Capistrano Valley Mobile Estates
APPROVAL/ EFFECTIVE DATE: September 4, 2012
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:
The subject project proposes exterior and interior architectural alterations to the
clubhouse, removal of two laundry facilities and installation of two new mobile homes
located at 26000 Avenida Aeropuerto (Assessor Parcel Number 121-240-35). This
project approval is based on and subject to the application materials prepared by
Fulbright Rodriguez Architects, Inc. dated May 3, 2012, including site plan, building
elevations, and floor 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, or City Planner. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the defense of
the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
EXHIBIT A
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Resolution #92-9-04-X Conditions of Approval
Capistrano Valley Mobile Estates Page 2 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001, and Affordability Covenant for One Unit
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. Tree Removal Permits shall be required for any tree(s) proposed to be removed.
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, odor, 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 Orange for processing
environmental documents.
12. Ali applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions of approval shall be met prior to or in conjunction with the
issuance of any grading permit(s):
13. Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall
fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department 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, water,
street, and all appurtenant improvements. (PW -ENG)
14. 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 approval 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,
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Resolution #12-9-044 Conditions of Approval
Capistrano Valley Mobile Estates Page 3 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001, and Affordability Covenant for One Unit
the drainage, any applicable retention/detention basins, sewer, 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/DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place. (DSD)
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. (DSD)
C. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls. (DSD)
1'5. Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the
City Engineer for review and obtain approval for a Soils ReporttGeotechnical
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. (PW -ENG)
16. 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 Engineer 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)
17. 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 Plans 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)
— 18. 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
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Resolution #12-9-04-X Conditions of Approval
Capistrano Valley Mobile Estates Page 4 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001. and Affordability Covenant for One Unit
California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (PW -ENG)
19. Properties in Flood 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)
20. Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall provide to the Engineering and Building
Director a letter of verification from the Flood Insurance Administration (FIA)
confirming that the proposed building pad elevations are designed above the
minimum specific elevation required by FIA. (PW -ENG)
21. FEMA Requirements to Revise Flood Insurance Rate Map (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)
22. Existing Easements. Prior to issuance of a grading permit, applicant shall 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 -ENG)
23. Orange County Fire Authority (OCFA) Approval. 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).
24. Fire Flow Demands. Prior 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. (OCFA)
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
25. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building and Safety Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes. (B&S)
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Resolution #12-9-04-X Conditions of Approval
Capistrano Valley Mobile Estates Page 5 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001, and Affordability Covenant for One Unit
26. Building Construction Plans. Prior to issuance of building permits, the applicant shall
submit final construction plans, building elevations and floor plans to the Building and
Safety 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). Plans shall address the following: (DSD)
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 backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
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.
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 backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. 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. (ENG/PLN)
27. OCFA Review of Architectural Building 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
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
28. Parking Regulations and Standards. Prior to the issuance of ANY building permit, the
applicant shall demonstrate compliance with the Municipal Code parking
requirements and standards as outlined in Section 9-3.535; furthermore, designated
street parking areas shall not be striped.
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Resolution #12-9-04-X Conditions of Approval
Capistrano Valley Mobile Estates Page 6 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001 and Affordability Covenant for One Unit
29. Affordability Covenant. Prior to the issuance of a building permit, the applicant shall
submit the final executed Affordability Covenant for one unit within the park to be
restricted as affordable to lower income households, for a period of ten years.
The following conditions shall be met continuously during construction and prior to
issuance of any Building Permit:
30. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas (DSD)
31. 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)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the Development
Services Director and shall be subject to supplemental Geotechnical Soils
Report and additional fees. (PW -ENG)
32. Waste Disposal 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)
33. 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.(DSD)
34. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
35. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
36. 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. (DSD)
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Resolution #12-9-04-X Conditions of Approval
Capistrano Valley Mobile Estates Page 7 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
Floodplain Land Use Permit (FP) 12-001. and Affordability Covenant for One Unit
_ 37. The property owner shall execute a covenant and restriction that one new coach shall
be an affordable housing unit.
Responsible Departments/Agencies:
DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Signature
Applicant's name/title (print)
Date
RECORDING REQUESTED BY AND
AFTER RECORDATION, MAILTO:
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Atm.:
Clrn Clerk
'ffi s Agreement is recorded at the request and for the benefit of the City of San Juan Capistrano and is exempt from
the payment of arecording fee pursuant to Government Code Section 6103,
AFFORDABLE UNIT AGREEMENT
AND RESTRICTIVE COVENANTS
THIS AFFORDABLE UNIT AGREEMENT AND RESTRICTIVE COVENANTS
("Agreement") is executed as of the day of September 2012 by and between the CITY OF
SAN JUAN CAPISTRANO, a municipal corporation ("City"), and CAPISTRANO VALLEY
MOBILE ESTATES, A California Limited Liability Company ("Owner"), with reference to the
following:
A. City, on July 10, 2012, approved Planning Commission Resolution No.
12-07-10-03 ("Project Approval") authorizing, subject to the issuance of building
permits and other conditions, two additional mobilehome spaces ("Project") in the
mobilehome park known as CAPISTRANO VALLEY MOBILE ESTATES, located at
26000 Avenida Aempuerto (Assessor's Parcel Number 121-240-35) in the City of San
Juan Capistrano ("Site") legally described on Exhibit "A" to this Agreement.
B. As a condition to the Project Approval and pursuant to San Juan
Capistrano Municipal Code Section 9-3.505, this Agreement and the terms and
covenants herein are required as a condition to owner's utilization of the two additional
spaces.
NOW THEREFORE, in consideration of the representations, covenants, and obligations
of Owner contained in this Agreement, Owner, on behalf of itself and its successors and assigns,
hereby covenants and agrees as follows:
Income Restricted Unit.
Owner hereby covenants on behalf of itself, and its successor and assigns, which
covenant shall run with the land and bind every successor and assign in interest of Owner, that,
throughout the ten (10) year term of this Agreement:
(a) One space in the Project (the "Lower Income Unit") as selected by Owner
shall be rented only at an "Affordable Rent" to a "Lower Income Household" (as defined below)
ATTACHMENT
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without a mortgage attached to the unit, or the unit may be owned by the Owner and rented with
the space; and
(b) The Owner shall use its best efforts to verify the information submitted
by the tenant of the Lower Income Unit at the time of submission of such information, in one or
more of the following methods:
i. Obtain two (2) paycheck stubs from the tenant's two (2) most
recent pay periods, if any.
ii. Obtain a true copy of an income tax return from the tenant for the
most recent tax year in which a return was filed, if any.
iii. Obtain an income verification certification from the employer of
the tenant, if any.
iv. Obtain an income verification certification from the Social
Security Administration and/or the California Department of Social Services if
the tenant receives assistance from such agencies, if any.
V. Obtain an alternate form of income verification reasonably
requested by the Owner, if none of the above forms of verification is available.
(c) The lease or rental agreement for the Lower Income Unit shall prohibit
subleasing to ensure its availability to Lower Income Households.
2. Definitions.
For purposes of this Agreement:
(a) "Area Median Income" shall mean the median income for Orange
County, California, adjusted for household size, as published and periodically updated by the
State Department of Housing and Community Development pursuant to Section 50079.5 of the
California Health and Safety Code.
(b) "Affordable Rent" shall mean a rental space rate which results in monthly
payments which, on an annualized basis, including a reasonable utility allowance, do not
exceed: for a Lower Income Household, one -twelfth (1/12) of thirty percent (30%) of Eighty
percent (80%) of Area Median Income.
(c) "Lower Income Household" shall mean a household whose combined
annual income for all household members 18 years of age or older does not exceed eighty
percent (80%) of the Area Median Income.
3. Location of Restricted Units.
The Lower Income Unit shall be that unit selected by and designated by Owner
within the site.
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4. Tenant Selection and Reporting Requirements.
Tenant applicants for the Lower Income Unit shall be screened by Owner for
compliance with the California Civil Code requirements for Mobilehome park residents and the
income restrictions of this Agreement. Income verification documentation, lease agreements and
rent rolls for the Lower Income Unit shall be maintained by Owner for a period of not less than 2
years from origination of each tenancy, and shall be subject to inspection by the City at any time
upon 48 -hours advance written notice to Owner. Annually and not later than April 15`h of each
calendar year during the term of this Agreement following completion of the Project, Owner
shall provide to the City a report which includes the name, address and income of each person
occupying the Lower Income Unit during the preceding calendar year, and identifying the
monthly rent received for the Lower Income Unit and certifying that the Tenant met the
household income requirement at the time of the commencement of the lease or rental
agreement.
5. Term of this Agreement.
This Agreement and the covenants herein shall be effective on the date hereof and
shall continue in full force and effect for a period of ten (10) years thereafter, whereupon this
Agreement shall terminate and be of no further force or effect; provided, however, that if the
Project is for any reason not completed by Owner and substantially occupied in accordance with
this Agreement on or before 2013, then Owner at its election on written notice to
City may thereupon terminate this Agreement.
6. Covenants Run With the Land.
The covenants and agreements established in this Agreement shall be covenants
running with the land, and shall, without regard to technical classification and designation, be
binding on Owner and any successor -in -interest to Owner's interest in the Site, or any part
thereof, for the benefit of and in favor of City and its successors and assigns, limited to the term
Hereof.
7. Recordation.
City and Owner shall cause a fully executed copy of this Agreement to be
recorded in the Official Records of the Orange County Recorder. Owner shall have the absolute
right to place a notice on the public record noting the cancellation of this agreement either on the
happening of the event or events set forth in Paragraph 5 above. This agreement once recorded
shall be subordinate to any and all loans placed upon the site by owner and secured by the real
property set forth in Exhibit A hereto, provided that City shall have the right, but not the
obligation, to revoke the Project Approval upon an event of early termination of the Agreement.
8. Enforcement.
City shall have the right - but not the obligation - if any of the covenants set forth
in this Agreement which are provided for its benefit are breached, and if such breach is not cured
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by Owner within sixty (60) days of City's providing written notice to Owner specifying the
nature and extent of the breach to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breach to
which it may be entitled, including but not limited to, revocation of the Project Approval,
withdrawal of a certificate of occupancy, foreclosure of any monetary lien, and maintaining an
action for specific performance. Except for City, the covenants and restrictions contained in this
Agreement shall not benefit nor be enforceable by any owner of any other real property or any
other person or entity.
Attorneys' Fees.
In the event of litigation arising out of this Agreement, the prevailing party shall
be entitled to recover reasonable costs and attorney's fees as set forth by a Court of Competent
Jurisdiction.
10. Miscellaneous Provisions.
(a) Notices. All notices, demands, requests, consents, approvals or other
communications (the "Notices") required or permitted to be given by this Agreement shall be in
writing and shall be either personally delivered, or sent via telecopy with receipt confirmation, or
by Federal Express or other regularly scheduled overnight courier or sent by United States mail,
registered or certified with return receipt requested, properly addressed and with the full postage
prepaid. Said notices shall be deemed received and effective on the earlier of (i) the date actually
received (which, in the case of telecopied notice, shall be the date such telecopy is transmitted
with confirmation of receipt, and which, if received after 5:00 p.m, recipient's time, shall be
deemed delivered the next business day) or (ii) three (3) business days after being placed in the
United States Mail as aforesaid. Said Notices shall be sent to the parties hereto at the following
addresses, unless otherwise notified in writing:
If to City:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Housing
With a copy to:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Attorney
If to Owner:
Capistrano Valley Mobile Estates
26000 Avenida Aeropuerto
San Juan Capistrano, CA 92675
With a copy to:
The Gibbs Law Firm APC
110 East Ave Palizada,Ste. 201
San Clemente, CA 92672
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(b) Execution in Counterparts. The parties may execute this document in one
or more counterparts; each counterpart shall be deemed an original instrument as against any
party who has executed it.
(c) Goveming Law. This Amendment and the Lease shall be construed in
accordance with and governed by the laws of the State of California.
(d) Due Authorization and Execution. This Agreement and all agreements,
instruments and documents executed or to be executed in connection herewith by either party
were duly authorized and shall be binding upon the party that executed and delivered the same.
(Signatures on Following Page.)
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IN WITNESS WHEREOF, City and Owner have caused this instrument to be executed
as of date first written above.
OWNER:
CAPISTRANO VALLEY MOBILE ESTATES, LLC
APPROVED BY:
CITY OF SAN JUAN CAPISTRANO a municipal
corporation
DEVELOPMENT SERVICES DIRECTOR
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LXHIBIT "A"
Legal Description of Site
All that certain land situated in the State of California, County of Orange, City of San Juan
Capistrano, described as follows:
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PC RESOLUTION NO. 12-7-10-1
CONDITIONAL USE PERMIT (CUP) 12-005
ARCHITECTURAL CONTROL (AC) 12-005
FLOODPLAIN LAND USE PERMIT (FP)12-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING CITY COUNCIL APPROVAL OF CONDITIONAL USE
PERMIT, ARCHITECTURAL CONTROL, AND FLOODPLAIN LAND USE PERMIT
APPLICATIONS FOR ARCHITECTURAL ALTERATIONS TO THE CLUBHOUSE,
REMOVAL OF TWO LAUNDRY FACILITIES AND THE INSTALLATION OF TWO NEW
MOBILE HOMES AT THE CAPISTRANO VALLEY MOBILE ESTATES LOCATED AT
26000 AVENIDA AEROPUERTO (ASSESSOR PARCEL NUMBER 121-240-35)
(FULBRIGHT RODRIGUEZ ARCHITECTS, INC.)
Whereas, Fulbright Rodriguez Architects, Inc, on behalf of Capistrano Valley
Mobile Estates have requested approval to allow architectural alterations to the clubhouse,
removal of two laundry facilities and installation of two new mobile homes within the mobile
home park located at 26000 Avenida Aeropuerto which is General Plan -designated
Industrial Park (IP) and classified as Mobile Home Park (Industrial Park) MHP (IP); 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 reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 15303 New Construction categorical exemption; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on July 10, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, City Council Policy
5, and Planning Department Policy 510 to consider public testimony on the proposed
project and has considered all relevant public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings:
Section 9-2.317 of the Title 9, Land Use Code establishes the following findings required
for approval of a Conditional Use Permit:
The proposed design alterations, to the existing use of the mobile home park are the
consistent with the maps and policies of the General Plan because the residential
Page 1 ATTACHMENT 3
0
0
PC Resolution 12-07-10-01 2 July 10 2012
mobile home park use is not proposed to be changed but rather modified to include
two additional mobile homes.
2. The proposed use and design is consistent with the purpose, intent, and standards
of the Land Use Code because the proposed design alterations to the clubhouse
will complement the existing architectural style and because the new mobile homes
will complement the existing homes with respect to size and location on the
individual spaces.
3. The site for the proposed mobile homes is adequate in size and shape to
accommodate all yards, open spaces, setbacks and parking areas, fire and building
code considerations because the two proposed spaces will provide for designated
parking within the space, setbacks that complement the adjacent spaces, and
building codes will require review and permitting by the City's Building & Safety
Division
4. The proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate excessive
light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances,
or hazards because the mobile homes will be designed to complement the existing
homes with respect to color and site area landscape; and because the new laundry
facility will be located within the club house facility building.
5. The site for the proposed use has adequate access and parking to support the use
because the new spaces will be served via existing access streets and 2 parking
spaces are proposed for each space. The club house as existing parking spaces
that will serve the new laundry room.
Section 9-2.313 of the Title 9, Land Use Code establishes the following findings required
for approval of an Architectural Control;
The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan
or comprehensive development plan because the mobile homes are proposed to be
located on individual spaces, adhere to setbacks as required under HCD Title 25,
and the alterations to the interior of the club house will be subject to review and
approval of a building permit.
2. The proposed use and design of the project is consistent with the goals, policies
and objectives of the General Pian, including the Community Design Element
because the project proposes to install new mobile homes to complement the
existing setbacks and development standards forthe community and will not result
in a deviation from the design and uses within the mobile home park.
Page 2
0 •
PC Resolution 12-07-10-01 3 July 10 2012
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
both mobile homes are proposed to adhere to the HCD Title 25 regulations.
Although mobile homes are not regulated by the adopted Architectural Design
Guidelines of the City, the proposed mobile homes are designed in character, scale
and quality of the architecture, site design and landscaping consistent with existing
mobile homes located within the park.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the two new mobile homes will utilize existing streets for
access and pedestrian access is achievable via the street network.
6. The proposed use and design of the project is 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 new mobile home spaces will be designed to HCD Title
25 standards and regulations.
Section 9-2.321 of the Title 9, Land Use Code establishes the following findings required
for approval of a Floodplain Land Use Permit:
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 new mobile
homes are proposed to be installed at a grade elevation consistent with the existing
units and with the respective setbacks mandated by NCD Title 25.
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 new mobile homes will be
installed within the park and will not after the existing surface elevation of the site.
3. Development and use of the property as proposed are oonsistentwith General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the new mobile homes will complement the existing aesthetics of the park
and will utilize the existing vehicular circulation, and existing grade elevations.
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.
Page 3
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PC Resolution 12-07-10-01 4 July 10, 2012
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
hereby recommends City Council approval of the proposed project subject to the conditions
of approval in Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 10th day of July, 2012, by the
following vote, to wit:
AYES: Chairman Williams, Commissioners Parkhurst, Nunn, Kerr, Neely and
Cohen.
NOES: None
ABSTAIN: None
4ar
Roe William , Chairman
2�- `Ilrnf��f
Wt m A. Ramsey, AICP, Assistant it ctor
Secretary
Page 4
EXHIBIT A
RESOLUTION # 12-7-10-1
CONDITIONS OF APPROVAL
PROJECT LOG #: Conditional Use Permit (CUP) 12-006, Architectural Control (AC) 12-
005 and Floodplain Land Use Permit (FP) 12-001.
PROJECT NAME: Capistrano Valley Mobile Estates
APPROVAL DATE: July 10, 2012
EFFECTIVE DATE: July 25, 2012
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 exterior and interior architectural alterations to the
clubhouse, removal of two laundry facilities and installation of two new mobile homes
located at 26000 Avenida Aeropuerto (Assessor Parcel Number 121-240-35). This
project approval is based on and subject to the application materials prepared by
Fulbright Rodriguez Architects, Inc. dated May 3, 2012 Including site plan, building
elevations, and floor 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, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
Page 5
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Resolution #f2-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 2 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Roodplain Land Use Permit (FP) 12-001
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. Tree Removal Permits shall be required for any tree(s) proposed to be removed.
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, odor, 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 Orange for processing
environmental documents.
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions of approval shall be met prior to or in conjunction with the
Issuance of any grading permit(s):
13. Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall
fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department 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, water,
street, and all appurtenant improvements. (PW -ENG)
14. 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 Engineering and Building Department for review and approval 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,
Page 6
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Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 3 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit IFP) 12-001
the drainage, any applicable retention/detention basins, sewer, 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/DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DSD)
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. (DSD)
C, Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls. (DSD)
15. Soils/Geology. 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. (PW -ENG)
16, Submit Haul Route Pian. Prior to Issuance of grading and right-of-way improvement
permits, for importatiorVexportation of soil in excess of fifty cubic yards in and out of
the project site, the applicant shall submit to the City Engineer for review and obtain
approval for, a Haul Route Pian 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 Engineering
Department. (PW -ENG)
17. 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 Plans 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)
_ 18. 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
Page 7
11
J
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 4 of
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
California Integrated Waste Management Act of 1989 to reduce construction and
demolition debris through recycling. (PW -ENG)
19, Properties in Flood 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)
20. Building Pad Elevations in Flood Areas Prior to issuance of grading and right-of-way
improvement permits, the applicant shall provide to the Engineering and Building
Director a letter of verification from the Flood Insurance Administration (FIA)
confirming that the proposed building pad elevations are designed above the
minimum specific elevation required by FIA. (PW -ENG)
21. FEMA Requirements to Revise Flood Insurance Rate Mao (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)
T 22. Existing Easements. Prior to issuance of a grading permit, applicant shall 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 -ENG)
23. Orange County Fire Authority (OCFA) Approval. 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).
24. Fire Flow Demands. Prior 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. (OCFA)
The following conditions shall be met prior to or in conjunction with the Issuance of any
building permit(s):
25. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building and Safety Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes. (B&S)
..-
10
Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 5 of 7
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain Land Use Permit (FP) 12-001
26. Building Construction Plans. Prior to issuance of building permits, the applicant shall
submit final construction plans, building elevations and floor plans to the Building and
Safety 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). Plans shall address the following: (DSD)
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 backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
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.
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 backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. 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. (ENG/PLN)
27. OCFA Review of Architectural Building Plana 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
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
28. Parking Regulations and Standards. Prior to the issuance of ANY building permit, the
applicant shall demonstrate compliance with the Municipal Code parking
requirements and standards as outlined in Section 9-3.535; furthermore, designated
street parking areas shall not be striped.
Page 9
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Resolution #12-7-10-1 Conditions of Approval
Capistrano Valley Mobile Estates Page 6 of
Conditional Use Permit (CUP) 12-005, Architectural Control (AC) 12-005,
and Floodplain land Use Permit (FP) 12-001 _
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
29. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b, Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DSD)
_, 30. 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)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
— 31. Waste Disposal 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)
32. 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.(DSD)
33. Temporary Use Permit Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
34. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
35. 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. (DSD)
Page 10
Resolution #12-7-10-1 Condwons of Approval
Capistrano Valley Mobile Estates Page 7 of 7
Conditional Use Permit (CUP)12-006, Architectural Control (AC)12-005,
and F(waodolaln Land Use Pem* (FP)12--001
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fine Authority
Applicant Acceptance of Conditions of Approval:
Applicant S'
'o¢-�rr✓B'/t/"rzo ibV Z AP- CJ//7,kej5v /NG.
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Applicant'a name/title (print)
Page 11
-7. Z 7. /Z
Date
0 0
NOTICE OF
PUBLIC HEARING
CITY OF SAN JUAN CAPISTRANO
NOTICE IS HEREBY GIVEN, that on the 4th day of September, 2012, at 6:00 P.M. in the City
Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano, California, the City Council
will hold a public hearing on the following:
Capistrano Valley Mobile Estates is requesting approval for proposed architectural alterations
to the existing clubhouse, removal of two laundry facilities and installation of two new mobile
homes located at 26000 Avenida Aeropuerto (Assessor Parcel Number 121-240-35) on a
parcel with a General Plan designation of Industrial Park and Zoning designation of Mobile
Home Park (Industrial Park) MHP(IP). This project has been reviewed in accordance with the
California Environmental Quality Act. The City's Environmental Administrator has determined
that the project is categorically exempt from further review per Section 15303 New
Construction. A Notice of Exemption (NOE) will be posted should the project receive final
approval.
Those desiring to be heard in favor of, or opposition to, this item will be given an opportunity to
do so during such hearing. Written information pertaining to this item must be submitted to the
City Clerk by noon, Tuesday, Septembr 4, 2012 at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675. E -m 1 correspondence may be sent to:
c�clerk cDsanivancapistrano.orq. Individwa desiring to submit late written information at the
meeting must orally request such action. '}
For further information you may contact the p�r .j t�manager, David Contreras, Senior Planner
at (949) 443-6320 or e-mail at dcontreras(Msa aoistrano.org.
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Christy Jakl
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From: Christy Jakl
Sent: Wednesday, September 19, 2012 3:29 PM
To: Laura Stokes
Cc: Ayako Rauterkus; Christina Gomez; David Contreras
Subject: RE: Capistrano Valley Mobile Estates & Affordability Covenant
Hey Laura,
Have you received the Affordability Covenant?
Christi Jakl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949)493-1053 fax
Please share your experience with the City by taking our Survey.
From: Laura Stokes
Sent: Monday, September 10, 2012 5:32 PM
To: Christy Jakl; David Contreras
Cc: Ayako Rauterkus; Christina Gomez
Subject: RE: Capistrano Valley Mobile Estates & Affordability Covenant
Hello Christy,
The Owner is expecting to sign off on the Covenant tomorrow or Wednesday. As soon as they have signed, I will have
Grant Sign off on the agreement and get it to you for recording.
Thank you,
Laura Stokes
Housing/Redevelopment Coordinator
Development Services
City of San Juan Capistrano
I sto kes0 sa n i u a ncaoistra no. org
949-443-6313
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
From: Christy Jakl
Sent: Monday, September 10, 2012 12:43 PM
To: Laura Stokes; David Contreras
Cc: Ayako Rauterkus; Christina Gomez
Subject: Capistrano Valley Mobile Estates & Affordability Covenant
Good Afternoon,
For your records, attached is the executed resolution for the Capistrano Valley Mobile Estates.
We haven't received the Affordability Covenant. When will that be forwarded to our office for
execution and recording?
Thanks!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949)493-1053 fax
Please share your experience with the City by taking our Survey.