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PC Resolution-22-05-25-02PC RESOLUTION NO. 22-05-25-02 ARCHITECTURAL CONTROL (AC) 21-017 CONDITIONAL USE PERMIT (CUP) 21-005 GRADING PLAN MODIFICATION (GPM) 21-018 TREE REMOVAL PERMIT (TRP) 21-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING OF ARCHITECTURAL CONTROL (AC) 21-017, CONDITIONAL USE PERMIT (CUP) 21-005, GRADING PLAN MODIFICATION (GPM) 21-018, AND TREE REMOVAL PERMIT (TRP) 21-025, SWALLOWS CREEK, TO ALLOW CONSTRUCTION OF THREE INDUSTRIAL WAREHOUSE BUILDINGS TOTALING 136,308 SQ. FT. ON A 15.3-ACRE PARCEL LOCATED AT 30700 RANCHO VIEJO ROAD (ASSESSOR PARCEL NUMBER: 650- 111-15) AND TO ALLOW ESTABLISHMENT OF VEHICLE SALES USE FOR BUILDING #3 (APPLICANT: BENJAMIN HORNING, DEDEAUX PROPERTIES, LLC) Whereas, Benjamin Horning with Dedeaux Properties, LLC., 100 Wilshire Boulevard, Suite 250, Santa Monica, CA 90401 (the "Applicant"), has requested approval of Architectural Control (AC) 21 -017, Conditional Use Permit (CUP) 21-005, Grading Plan Modification (GPM) 21-018, and Tree Removal Permit (TRP) 21-025, Swallows Creek, a proposal to demolish an existing 123,000 sq. ft. industrial building, and related improvements, and construct three industrial warehouse buildings totaling 136,308 sq. ft., including site grading involving 67,597 cubic yards of total base cut and 48 ,752 cubic yards of total compacted fill, on a 15.3-acre parcel located at 30700 Rancho Viejo Road (Assessor Parcel Number: 650-111-15). The project also proposes to obtain conditional use approval to allow for Building #3 to be utilized for vehicle sales (the "Project"). The subject parcel has a Zoning designation of Industrial Park (IP) District and a General Plan Land Use Designation of Industrial Park; and, Whereas, Rancho Viejo Owner LLC, 100 Wilshire Boulevard, Suite 250, Santa Monica, CA 90401 , are the owners of the real property located at Assessor Parcel Number 650-111-15; and , Whereas, the City's Environmental Administrator has determined that the Project is categorically exempt from further review under the California Environmental Quality Act Guidelines 14 California Code of Regulations Section 15302, Replacement or Reconstruction, Class 2(b), which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the entire Project is exempt per Section 15302 because it involves the demolition of an existing 123,000 sq. ft. industrial building and related improvements and construction of three industrial buildings totaling 136,310 sq. ft. The new industrial buildings, comprised of warehouse and vehicle sales uses, will substantially serve the same size (negligible increase in square footage), purpose (light industrial uses), and capacity (negligible increase in traffic flow). Further, an Air Quality & Greenhouse Gas Emissions Analysis, Health Risk Assessment, Noise Impact PC Resolution 22-05-25-02 2 May 25, 2022 Analysis, and Focused Traffic Study, were prepared by professional firms and concluded that the Project would have no significant effects on the environment. Lastly, no exceptions to the exemption apply because there would not be any potential significant effects on the environment due to unusual circumstances. If the Project receives final approval, a Notice of Exemption would be filed with the County Recorder's Office within 5 days of such approval; and Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15051 of the California Environmental Quality Act (CEQA) and has considered all Project environmental documentation; and, Whereas, the Planning Commission conducted a duly-noticed public hearing on May 25, 2022, pursuant to Municipal Code Section 9-2.302. The Planning Commission has considered all public testimony on the proposed Project and all relevant public comments and all documents and evidence submitted, including but not limited to the staff report, attachments, and materials submitted by the Applicant; and, Whereas, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby find that the entire project is Categorically Exempt from further review under the California Environmental Quality Act per State CEQA Guidelines Section 15302, Replacement or Reconstruction, Class 2(b), which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Here, the entire Project is exempt per Section 15302 because it involves the demolition of an existing 123,000 sq. ft. industrial building and related improvements and construction of three industrial buildings totaling 136,310 sq. ft. The new industrial buildings, comprised of warehouse and vehicle sales uses, will substantially serve the same size (negligible increase in square footage), purpose (light industrial uses), and capacity (negligible increase in traffic flow). Further, an Air Quality & Greenhouse Gas Emissions Analysis, Health Risk Assessment, Noise Impact Analysis, and Focused Traffic Study, were prepared by professional firms and concluded that the Project would have no significant effects on the environment. Lastly, no exceptions to the exemption apply because there would not be any potential significant effects on the environment due to unusual circumstances. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Municipal Code Section 9-2.313(c) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Architectural Control (AC) 21-017, under Municipal Code Section 9-2.313(a)(3), subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: PC Resolution 22-05-25-02 3 May 25, 2022 1. The proposed use of the Project complies with all applicable provisions of Title 9 of the San Juan Municipal Code because a warehousing use, containing 50,000 sq. ft. of floor area or more, is allowable as conditionally permitted use within the Industrial Park zoning district. Additionally, the proposed use and design of the project complies with all applicable provisions of Title 9 of the San Juan Municipal Code as the project meets all applicable development and zoning standards. There is no applicable specific plan or comprehensive development plan for this property. 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 Industrial Park land use designation allows for light industrial uses and related uses, and the Project consists of a warehousing containing 50,000 sq. ft. or more. The proposed use is located within an area consisting of compatible land uses , such as industrial to the south , open space to the north, east, and west (adjacent to the 1-5 freeway). The Project would also be consistent with the following policies of the Community Design Element: • Community Design Element Policy 1.1 Preserve significant amounts of land and important natural features for open space. The Project is consistent with this policy because the proposed development would not be located within an area designated as General Open Space, thereby preserving that significant land area and any important natural features; and • Community Design Element Policy 1. 2 Encourage high-quality and human scale design in development to maintain the character of the City. The Project is consistent with this policy because the proposed buildings and drought tolerant landscaping would feature high quality materials and architectural detailing. Additionally, the site improvements incorporate a human scale design by providing a desirable environment for visitors as there would be adequate parking, new landscaping, and lighting. Lastly, the Project is designed to be compatible with the surrounding properties; and • Community Design Element Policy 3. 1 Limit development of important natural characteristics such as ridgelines, unique hillside features and creeks. The Project is consistent with this policy as the proposed development would not impact any ridgelines, hillside features, or creeks. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking , access, and other features pertaining to the application because the project would not conflict PC Resolution 22-05-25-02 4 May 25, 2022 with Code requirements with respect to setbacks, parking, access, or other features as all development standards are being met. 4. The character, scale, and quality of the site design and landscaping are consistent with the adopted Architectural Design Guidelines as follows: • Design Issue/Principle 2: Eclectic Building Styles. The proposed buildings consist of a Modern Industrial style, which incorporates architectural elements that are compatible with adjacent buildings that are located within the area, specifically the industrial building to the south. The proposed architectural design is appropriate for the use and setting because it is consistent with the Architectural Design Guidelines for industrial buildings, which states, "no particular architectural "style" is required for industrial development. High quality, innovative and imaginative architecture is encouraged." • Design Issue/Principle 3: Authenticity. The proposed architectural design is well-executed and is consistently carried out from the overall building form to fine detail. • Design Issue/Principal 6: Richness of Details and Materials. The proposed architectural style is Modern Industrial which complies with and complements the eclectic building styles that exist in the city and, which consists of a mix of styles including Mediterranean, Spanish Colonial, Monterey, Mission Revival, Rural Agrarian, Modern, Western, and Early California. Each building is provided with glazing, variations in color and material, pop-outs, and a color palette which provide a richness of detail and material. • Design Issue/Principal 7: Relationship to Natural Settings. The siting and design of the development is such that is does not impact any views, vistas, community landmarks, or cultural features. • Design Issue/Principal 9: Incremental Growth. The Project proposes to demolish an existing 123,000 sq. ft. industrial building and construct three warehouse buildings totaling 136,308 sq. ft. on a 15.3-acre parcel. • Policy 4, C. 5. Vehicular Access/Circulation/Parking. The proposed redesign of the site would result in a new circulation pattern that provides for safe vehicular turn movements and defined and functional pedestrian and vehicular circulation. • Policy 4.C.10 Utility and Mechanical Equipment. Careful consideration was given regarding the placement of rooftop mechanical equipment to ensure that they would be completely screened from view. • Policy 4. C. 11 Refuse and Storage Areas. The proposed trash enclosures would be located in the parking lot area behind the PC Resolution 22-05-25-02 5 May 25, 2022 proposed buildings. Their location would allow for easy accessibility for trash collection and would not impede general site circulation patterns during loading operations. The enclosure would be provided with a flat roof, CMU walls, and swinging metal gates, all painted to match the building. The trash enclosure would have a compatible design with that of the proposed buildings. • Design 4. C. 14 Lighting. The lighting would comply with the requirements of Land Use Code Section 9-3.529. Furthermore, the design of the light fixtures and their structural supports are architecturally compatible with the theme of the development. • Policv 4.0.1 Architectural Imagery. The Modern Industrial architectural style was designed with consideration to the City's Architectural Design Guidelines and conveys a sense of authenticity. • Policv 4.0.4 Building Materials and Colors. The Project proposes building materials and colors that complement the overall design theme and surrounding development. • Policy 4.E. 1 Landscape Guidelines. The Project landscaping would incorporate California Friendly and/or California Native plant species. The landscape design would contribute towards achieving an overall cohesive appearance and compatibility to its surroundings. 5. The site plan provides functional and safe vehicular and pedestrian access and circulation because the Project includes the reconfiguration of on-site parking to provide for safe vehicular turn movements and a pedestrian walkway that provides defined and functional pedestrian circulation. 6. The proposed use and design of the Project are compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the Project is located on a site that is surrounded by Industrial Park (industrial), Office Commercial (commercial), General Open Space (open space), and Planned Community (open space) zoning and the Project consists of a three industrial warehouse buildings that would incorporate design features and landscaping features, including California Friendly and/or California Native plant species, which are complementary to the surrounding land uses. The Project is therefore compatible with the surrounding uses and improvements. PC Resolution 22-05-25-02 6 May 25, 2022 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Municipal Code Section 9-2.317 of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Conditional Use Permit (CUP) 21-005 to establish warehousing with more than 50,000 sq. ft. of floor area and to allow for vehicle sales under Municipal Code Section 9-3.305(b)(2}, subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: 1. The proposed warehouse use is consistent with the maps and policies of the General Plan, because the Industrial Park land use designation allows for light industrial uses and related uses, and the Project includes warehousing containing 50,000 sq. ft. or more. The proposed use is located within an area consisting of compatible land uses, such as industrial to the south, open space to the north, east, and west (adjacent to the 1-5 freeway). Therefore, the proposed warehouse use is determined to be consistent with the General Plan. The proposed vehicle sales use is consistent with the maps and policies of the General Plan, because the Industrial Park land use designation allows for light industrial uses and related uses, and the Project includes vehicle sales. The proposed use is located within an area consisting of compatible land uses, such as industrial to the south, open space to the north, east, and west (adjacent to the 1-5 freeway). Therefore, the proposed vehicle sales use is determined to be consistent with the General Plan. 2. The proposed warehouse use and design are consistent with the purpose, intent, and standards of the Land Use Code because the Project complies with all applicable provisions of Title 9 of the San Juan Municipal Code as warehousing containing 50,000 sq. ft. or more is a conditionally permitted use within the Industrial Park zoning district. Additionally, the proposed use is to be located within an existing industrial site previously developed with an industrial building that is consistent with the intended land uses within the Industrial Park zoning district and the design of the Project conforms with applicable architectural design standards. Lastly, the proposed use and design of the project complies with all applicable provisions of Title 9 of the San Juan Municipal Code as the project meets all applicable development and zoning standards. There is no applicable specific plan or comprehensive development plan for this property. The proposed vehicles sales use and design are consistent with the purpose, intent, and standards of the Land Use Code because the Project complies with all applicable provisions of Title 9 of the San Juan Municipal Code as vehicle sales is a conditionally permitted PC Resolution 22-05-25-02 7 May 25. 2022 use within the Industrial Park zoning district. Additionally, the design of the Project conforms with applicable architectural design standards. In addition, a condition of approval requiring submittal and approval of an Architectural Control application before the vehicle sales use is established has been added to ensure that all development standards of the General Plan, Land Use Code, and guidelines would be met. There is no applicable specific plan or comprehensive development plan for this property. 3. The site for the proposed warehouse use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the Project would not conflict with Code requirements with respect to setbacks, parking, access, or other features as all development standards are being met. Additionally, the Project, as conditioned, would require inspection by the Orange County Fire Authority (OCFA) to confirm that construction is in compliance with codes and standards applicable to the Project before a certificate of occupancy is issued and would also require inspection by Building and Safety and the Planning Division. The site for the proposed vehicle sales use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the proposed vehicle sales use. A condition of approval requiring submittal and approval of an Architectural Control application before the vehicle sales use is established has been added to ensure that all standards applicable to a vehicle sales use are met. Additionally, the Project, as conditioned, would require inspection by the Orange County Fire Authority (OCFA) to confirm that construction of a building for vehicle use is in compliance with codes and standards applicable to said use before a certificate of occupancy is issued and would also require inspection by Building and Safety and the Planning Division. 4. The proposed warehouse use and the ongoing operation of the use is compatible with abutting properties and the permitted uses thereof and would not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards as concluded by an Air Quality & Greenhouse Gas Emissions analysis, Health Risk Assessment, Noise Impact Analysis, and Focused Traffic Study, which were prepared by professional firms and concluded that the Project would have no significant effects on the environment. Furthermore, the proposed PC Resolution 22-05-25-02 8 May 25 , 2022 use is conditioned to comply with the light, noise, and nuisance (odors, air pollution, etc.) requirements stated within the Municipal Code. The proposed vehicle sales use and the ongoing operation of the use is compatible with abutting properties and the permitted uses thereof and would not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards as concluded by a Focused Traffic Study, which was prepared by professional firm and concluded that the Project would have no significant effects on the studied intersections or roadway segments. Furthermore, the proposed use is conditioned to comply with the light, noise, and nuisance (odors, air pollution, etc.) requirements stated within the Municipal Code. 5. The site for the proposed warehouse use has adequate access and parking to support the use. Access for the Project would remain unchanged from what is existing, however, the Project includes the reconfiguration of on-site parking and circulation . The result would be a circulation pattern which does not create any vehicle- pedestrian conflict. Based on the Municipal Code requirements, the proposed warehouse use requires a total of 194 parking spaces, with 228 parking spaces proposed, thereby exceeding the Code requirement. The site for the proposed vehicle sales use has adequate access and parking area to support the use. Access for the Project would remain unchanged from what is existing, however, the Project includes the reconfiguration of on-site parking and circulation. The result would be a circulation pattern which does not create any vehicle-pedestrian conflict. Based on the Municipal Code requirements, the warehouse use with vehicles sales use requires a total of 208 parking spaces, with 228 parking spaces proposed, thereby exceeding the Code requirement. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant to Municipal Code Section 9-2.323 of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Grading Plan Modification (GPM) 21-018 for onsite grading under Municipal Code Section 9-2.323(f), subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: 1. The proposed grading modifications are consistent with the General Plan, Land Use Code, and Design Guidelines because the proposed grading, which involves 67,597 cubic yards of total base cut and 48,752 cubic yards of total compacted fill , resulting in PC Resolution 22-05-25-02 9 May 25, 2022 18,845 cubic yards of export, is allowed and no protected ridgelines exist on the Project site. The proposed grading would reshape the existing, previously developed landform to accommodate redevelopment of the site with a similar use, would conform to the requirements of appropriate soils and geology reports, and would be performed under the supervision of a qualified soils engineer. Landscaping has been incorporated into the landscape plans to minimize erosion and benefit aesthetics. There is no applicable specific plan or comprehensive development plan for this property. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority because the site is already developed lot with an existing 123,000 sq. ft. industrial building and would be graded, to the extent possible, to accommodate edge conditions, thereby minimizing impact to adjacent properties. 3. The proposed grading would remain consistent and compatible with immediately-adjacent lots or units, including, to the extent possible, blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and incorporating a design which harmonizes the design with the natural contours of the property and surrounding lots. The proposed grading which would take place adjacent to property lines would tie into the adjacent properties to blend the slopes with adjacent properties, to the extent possible. Given the site's topography, retaining walls are proposed within the development, with fencing on top of the walls along property boundaries as necessary for safety. Retaining walls would be softened and screened with the use of landscaping, as conditioned. 4. The proposed modified grading plan shows the location of proposed building footprints which would meet all required minimum setbacks for buildings as defined in the Industrial Park Zoning District and the general design standards, including minimum setbacks from the tops and toes of slopes, contained within Section 9-4.513, Graded Slopes. 5. The proposed modified grading would not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the changes are subject to Plan Check review by the City's Engineering Department to ensure that grading does not result in any negative impacts to hydrology and water quality as required by local and state laws. Prior to issuance of a grading or building permit, the applicant must demonstrate to the PC Resolution 22-05-25-02 10 May 25, 2022 satisfaction of the Public Works Director that the proposed grading would not result in any negative impacts to hydrology and water quality as required by local and state laws. The grading modifications would not impact views or trail easements because the grading and retaining walls would be softened and screened with the use of landscaping, as conditioned, and the grading does not encroach or alter any trail system. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings pursuant Municipal Code Section 9-2.349(e) of Title 9, Land Use Code of the City of San Juan Capistrano with respect to Tree Removal Permit (TRP) 21-025 for the removal of 176 non-heritage trees under Municipal Code Section 9-2.349(c), subject to the conditions of approval identified in Exhibit A attached to this Resolution and incorporated herein by reference: 3. Removal of the trees would not have an adverse impact on adjacent properties or the general welfare in that the removal would not adversely impact views, public streetscapes, or other aesthetic considerations as the Project would retain thirty-four (34) healthy trees and install approximately two-hundred fifty (250) new trees to replace the one-hundred seventy-six (176) being removed. Any temporary impact on views, public streetscapes, or aesthetics caused by the removal of such trees will be mitigated by such trees' replacement. Lastly, it should be noted that none of the trees proposed for removal meet the Municipal Code definition of a Heritage Tree. 4. Where appropriate, replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and the planting area. As aforementioned, the Project would retain thirty-four (34) healthy trees and install approximately two-hundred fifty (250) new trees to replace the one-hundred seventy-six (176) being removed. The two-hundred fifty replacement trees would better maintain the urban forest canopy and are more appropriate to the site and planting area because they would each be a minimum of 24" box size, consisting of a combination of London Plane, California Pepper, Oak, Olive, African Sumac, Brisbane Box, Bay Laurel, Crape Myrtle, and Strawberry trees, which are all moderate to very low water use species. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves of Architectural Control (AC) 21-017, Conditional Use Permit (CUP) 21-005, Grading Plan Modification (GPM) 21-018, and Tree Removal Permit (TRP) 21-025, subject to those conditions of PC Resolution 22-05-25-02 11 May 25, 2022 approval that are applicable to these entitlements as established by Exhibit A, which is attached hereto and incorporated herein by reference. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of records for the record of proceedings. PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. PASSED, APPROVED AND ADOPTEQ this 25th day of May, 2022. ' ner/Acting Secretary Project#: Project Name: Approval Date: Effective Date: EXHIBIT A RESOLUTION #: 22-05-25-02 CONDITIONS OF APPROVAL ARCHITECTURAL CONTROL (AC) 21-017, CONDITIONAL USE PERMIT (CUP) 21-005, GRADING PLAN MODIFICATION (GPM) 21-018, AND TREE REMOVAL PERMIT (TRP) 21-025 Swallows Creek May 25, 2022 June 10, 2022 These conditions of approval apply to a request to demolish an existing 123,000 sq. ft. industrial building, and related improvements, and construct three warehouse buildings totaling 136,308 sq. ft. on a 15.3-acre parcel located at 30700 Rancho Viejo Road (Assessor Parcel Number: 650-111-15). The project also proposes to obtain conditional use approval to allow for Building #3 to be utilized for vehicle sales. Any proposed changes to this approval shall be submitted to the City's Development Services Department, along with the required application and deposit or fee, for review. For the purpose of these conditions, the term "Applicant" shall also mean the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. This approval is granted to allow for the demolition of an existing 123,000 sq. ft. industrial building, and related improvements, and construction of three industrial buildings totaling 136,308 sq. ft. on a 15.3-acre parcel located at 30700 Rancho Viejo Road (Assessor Parcel Number: 650-111- 15). Approval is granted based on the development plans submitted by EPD Solutions, Inc., on May 18, 2022. These plans, materials and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved plans, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an application and the required deposit or fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of Planning Commission approval and shall expire twenty-four (24) months after the effective approval date unless each use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 2 of 20 submitted to the Development Services Department, along with the required deposit or fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Development Services Director. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, and City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when 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 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. In the event that project plans 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, then the conditions and/or plans as stipulated in the later approval shall prevail. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code. The Project shall comply with the standards established by the Municipal Code related to emissions of noise, odor, dust, vibration, wastes, and fumes. No nuisance arising or occurring incidental to the project shall be maintained on site. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 3 of 20 8. 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. 9. All applicable approvals, with exception of approvals of water and sewer improvements, 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 or release of securities, as specified in these conditions. Approval of water and sewer improvements and inspections shall be on file with Santa Margarita Water District. 10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that all construction activities, which includes the delivery or recovery of materials, supplies or construction equipment, shall be conducted in accordance with the prescribed hours of operation as follows: Monday through Friday 7:00 a.m. to 6:00 p.m. Saturday 8:30 a.m. to 4:30 p.m. 11 . Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 12. The applicant shall comply with all requirements from the Building & Safety Division and all other City Departments. 13. The applicant shall request approval from the City for any deviation from the approved plans. Planning 14. Warehouse use is allowed to operate out of Building #1, Building #2, and Building #3 on the development plans submitted by EPD Solutions, Inc., on May 18, 2022. Any vehicle sales use is restricted to operate out of Building #3 identified on the development plans submitted by EPD Solutions, Inc., on May 18, 2022. 15. Before establishing the vehicle sales use, applicant shall submit and obtain approval of an Architectural Control application that complies with the requirements of the Municipal Code for such use, including Section 9- 3.549 (Storage and Display (Outside)). 16. Vehicle repairs/service in association with the proposed vehicle sales use is prohibited, unless a focused traffic study is performed, to the satisfaction of the City's Traffic Engineer, which concludes that the Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 4 of 20 addition of vehicle repairs/service would not result in a significant impact on studied roadways and/or intersections. 17. The operation of a vehicle sales use shall be limited to the hours of 8:00 am to 10:00 pm seven days per week. 18. Commercial vehicles, delivery vehicles, trucks and/or truck tractors shall not utilize Malaspina Road for egress or ingress. 19. On-site signage and/or markings that clearly mark entry and exit points for commercial vehicles, delivery vehicles, trucks and/or truck tractors, shall be installed. 20. Commercial vehicles, delivery vehicles, trucks and/or truck tractors shall not queue on adjacent streets or elsewhere outside of the project site or use adjacent streets as a staging area. 21 . All storage/business activities shall occur inside the building(s). No portion of the required parking and/or driveway areas shall be used for outdoor storage. 22. Signs shall be posted in the appropriate locations to alert drivers that trucks should not idle for more than five (5) minutes and that truck drivers should turn off their engines when not in use. 23. Prior to issuance of a building permit, the Applicant shall submit an Historic Depiction Program (HOP) or submit a request to pay an in-lieu fee, in accordance with City Council Policy 606. The HOP shall require review and approval by the Cultural Heritage Commission pursuant to City Council Policy 606. The Applicant must obtain approval of the HOP by the Cultural Heritage Commission prior to the issuance of a Certificate of Occupancy. 24. Prior to the issuance of a Certificate of Occupancy, all proposed new trees, shrubs and groundcover shall be installed per the approved Landscape Plan. 25. Prior to issuance of a Building Permit, the project plans shall demonstrate that all roof-mounted mechanical equipment and/or duct work which projects above the roof or roof parapet of the building shall be screened. 26. The conditions of approval contained herein shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 5 of 20 27. A minimum of one week prior to final inspection by the Building and Safety Department, the Applicant shall schedule a final inspection by the Planning Division. Public Works -Engineering THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY GRADING, STREET IMPROVEMENT, AND/OR ENCROACHMENT PERMIT(S): 28. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval of the grading plans, the applicant/sub-divider shall submit concurrently with the Street/Sewer/Water/Drainage Improvement Plans/Landscape Irrigation, all Electrical, Gas, Telephone and Cable Television installation plans to the City Engineer for review and approval, to ensure compatibility with existing and proposed improvements. All utility lines with junction structures shall be underground. Any deviation from these requirements shall be subject to prior City Engineer review and approval. 29 . Construction Cost Estimates. Prior to the approval of grading plans and issuance of the grading permit, the applicant/subdivider shall submit an estimate of quantities and construction costs of all proposed Works of Improvements (e.g. Street, Drainage, Grading, Landscaping Irrigation etc .. ) associated with this development prepared by a California State Registered Civil Engineer pursuant to the City requirements to the City Engineer for review and approval. Said estimates shall include, but not be limited to, the costs for construction of all on-site and off-site improvements for street/parking lots, grading, signing and striping, storm drains, landscape, and irrigation systems. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. 30 . Payment of Fees. Prior to issuance of grading and Encroachment permits, the applicant/subdivider shall pay all applicable fee requirements in accordance with the City Municipal Code, as last revised and the City Schedules of Rates and Charges, as last revised. 31. Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously approved permits, a permit shall be required. All improvement work, whether performed on-site or off-site, shall require a permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. 32. Encroachment Permit Haul Route. An Encroachment Permit is required for a Haul Route for any import/export of earth material in excess of fifty (50) cubic yards to or from the site. Submit the Haul Route for review and approval by the City Engineer. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 6 of 20 33 . Grading Plans. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit the required number of copies of grading plans prepared by a California State Registered Civil Engineer to the Development Services Director for City review and approval by the City Engineer for the entire project site. Such plan shall be in substantial conformance with the grading concept plan made as part of the project. These plans shall conform to the City and the County of Orange grading plan standards and depict, at minimum, all existing features, the limits of grading, the drainage, retention/detention basins, sewer facilities, water facilities, existing and proposed easements and right-of-way boundaries, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended sufficiently beyond the tract's boundaries to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the County of Orange benchmark datum. All drainage design must depict proper conveyance to the on-site street or a City approved drainage facility with appropriate pre- treatment facilities or Best Management Practices (BMP) in place pursuant to the National Pollutant Discharge Elimination System (NPDES) permit requirements. All soils reports and grading plans shall be subject to review by a third- party geotechnical consultant retained by the City to ensure geotechnical stability to the satisfaction of the City Engineer. The following will be required for approval by the City Engineer: a. An on-site plan showing location of the access point, for the earth moving and grading equipment and for workers vehicles entering and exiting the site. b. An off-site haul route plan for soil importation/exportation circulation and for heavy construction related deliveries. The haul route plan shall specify the dates and times and headways for hauling activities in compliance with all applicable City standards. The City Engineer may require a security deposit in conjunction with approval of the haul route plan. c. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees. If applicable, all existing easements shall be shown on grading plans and disposition of the existing easements in respect to the proposed development shall be determined. If an easement is to be quitclaimed, a copy of the quitclaimed document shall be provided to the City Engineer. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 7 of 20 34. 35. Street Improvement Plans. Prior to issuance of permits for street related improvements, the applicant/subdivider shall submit offsite Street Improvement Plans prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. These plans shall show all existing and proposed improvements including, but not limited to, striping, signage, signalization, sidewalks, trails, street lights along project frontage, storm drain, sewer, water and all related appurtenances. The street improvement plans shall conform to the following requirements: a. Design Speeds for Streets. Street improvement plans shall be designed per City standards and shall be designed to the satisfaction of the City Engineer. (PW) b. Project Specific Improvements include and are not limited to new curb and gutter along the project frontage, new catch basins near entrance at low point of the sag curve, street lights on Malaspina and Rancho Viejo Road (as needed to fill in any gaps), water quality BMPs, parkway landscaping, median landscaping (as needed to fill in any gaps), paved 10-foot wide multi-use trail (This is the minimum bikeway width per current City of San Juan Capistrano Municipal Code Section 9-4.505.), sidewalk for pedestrian use along the south side or north side of Malaspina Road, at the discretion of the Development Services Director, in compliance with the American with Disabilities Act (ADA) requirements, striping for a bicycle lane along the south side of Malaspina Road, and pedestrian access ramp improvements. The following conditions apply: • Landscaping within the public right of way will require maintenance agreement for landscaping and BMPs within street parkways and medians be maintained by the property owner or manager. • Street lighting within the public right of way must use Mission Bell City standard fixture. Replace any existing "Cobra" style heads with the Mission Bell standard on Rancho Viejo Road as well as Malispina Road. • Improve existing median landscaping along Rancho Viejo Road (property frontage) to match landscaping just north of Golf Club Drive. Coordinate with the Planning Department for plant type/species approval. Traffic Improvement Plans. Prior to issuance of permits for street related improvements, the applicant/subdivider shall submit a Traffic Improvement Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 8 of 20 36. Plan for all offsite streets prepared by a California State Registered Traffic Engineer or Civil Engineer to the City Engineer for review and approval. These plans shall show the striping, signage, signalization, lane addition(s) and all related appurtenances. Accompanying Traffic Control Plans shall be required prior to commencement of any street improvement work. Any exception or deviation to the above requirements shall be subject to review and approval by the City Engineer. Erosion & Sediment Control Plans, Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit an Erosion/Sediment Control Plan for the regulation and control of pollutant run-off by using Best Management Practices (BMPs), prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The plan shall show all temporary and permanent erosion control devices, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions and fences to prevent public trespass onto certain areas where impounded water may create a hazardous condition. A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and the project shall be issued a WDID number through the Regional Water Resources Control Board and the project downloaded into the SMARTS program. In order to control pollutant run-off, the applicant/sb-divider shall demonstrate to the satisfaction of the City Engineer that all water quality best management practices shall be designed in accordance with the National Pollutant Discharge Elimination System (NPDES) standards, and the requirements of California Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-0009 (As amended by 2010-0014- DWQ and 2012-0006-DWQ) and City guidelines and regulations, and shall show evidence satisfactory to the City Engineer that a permit has been obtained. 37. Water Quality Management Program. a. Prior to issuance of a grading permit, the applicant/subdivider shall submit concurrently with the grading plans, erosion control plans, and drainage plans a Final Water Quality Management Program (WQMP), as prepared by a California State Registered Civil Engineer, to the City Engineer for review and approval. All erosion and sediment control measures as specified in said approved WQMP shall be implemented during the grading operation to the satisfaction of the City Engineer. b. Provisions for maintenance by the Owner or Property Manager for the water quality best management practices identified in the Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 9 of 20 WQMP, of all private drainage facilities, including retention/detention basins that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually, is required. c. A provision that gives the City the right to assume inspection and maintenance of any NPDES facilities, if the City determines that the Owner or Property Manager has not inspected and maintained said facilities in accordance with the permit requirements, and that, in such event, the Owner shall be financially responsible to pay City for the costs the City incurs in such inspection and maintenance role, is required. d. A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program is required. 38 . Drainage Improvement Plans. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit Drainage Improvement Plans as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Improvement Plans shall be specific to the project, and be consistent with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. A drainage report shall be required for review and approval by the City Engineer. Post-developed Flow rates shall not exceed existing pre- developed conditions for the Q25 and Q100 storm events. If an existing downstream drainage facility, whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is inadequate or does not meet current City standards or, in the opinion of the City Engineer, is unsafe to properly carry the existing discharge and the proposed discharge generated by this project, the applicant/subdivider shall then, at applicant/subdivider cost, design and implement alternative methods of improvement for properly conveying such discharge, free of debris, in a manner acceptable to the City Engineer. Any deviation from these requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 10 of 20 The existing catch basins in the sump location near the project entrance shall be evaluated for Q25 and Q100 storm events to ensure one travel lane in each direction in Rancho Viejo Road. Applicant/subdivider shall obtain permission and permit for any work within the Right of way or if any storm drains are designed to discharge onto another property/Right-of-Way. (PW) 39. Trash Enclosure and Waste Management. Prior to issuance of a grading permit applicant shall submit plans and details showing enclosed and covered (Solid Roof) trash and waste management areas/bins. Trash facilities shall be designed in accordance with the Municipal Code Title 9, Chapter 3, Article 5, Sec 537(D)(c) as well as the applicable sections of CalGreen Sections 4.410.2 and 5.410.1 recycling standards as set forth by SB1383. Trash enclosures shall meet minimum design standards including masonry walls, a front door/gate, covered roof, concrete pad in front of closure, located within a secured area, include a connection to the sewer system, and be designed to eliminate run-on and run-off from the enclosure area. If a sewer connection is not feasible the inside of the enclosure shall drain to a dedicated water quality Best Management Practice (BMP) device such as a depressed LID planter area or other similar structural BMP device. Design plans shall be submitted to Development Services for review by Public Works Department and Solid Waste Coordinator. Trash and waste and asbestos management plans shall be approved by the Public Works Department, Solid Waste and Recycling Division. Applicant shall also provide a written approval letter from CR&R for trash and waste and asbestos management areas and haul off plans. Sufficient access shall be provided to allow solid waste handling truck access and turning radii. 40. Connection to Public Drains must be Documented and Filed. Prior to issuance of grading and right-of-way improvement permits, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that any proposed connections to an existing public drainage system, from on-site drains, must be approved by the City Engineer and/or Orange County Flood Control District (as applicable). All documentation and revisions to existing plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. 41 . Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 11 of 20 42. 43. 44. to the City Engineer for review, and shall obtain approval of, a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. Soils/Geology. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit to the City Engineer and Building Official for their review, and shall obtain approval of, a Soils Report/Geotechnical Feasibility Study prepared by a certified engineering Geologist and Registered Soils Engineer to determine the seismic safety, drainage recommendations, and soils stability of all proposed development improvements for the project and any affected adjacent properties and to provide preliminary pavement sections and substructure bedding/backfill recommendations. Mitigation of Drainage and Grading Problems. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall adhere to the following conditions during the entire grading and construction operation: a. If any drainage problem is anticipated or occurs during construction, the applicant/subdivider shall provide and implement a solution acceptable to the City Engineer, at no cost to the City, and shall submit a recorded instrument to ensure the durability of the solution. b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineer and shall be subject to a supplemental Geotechnical Soils Report and additional fees. Stormwater Management/Drainage Plan , Hydraulic/Hydrologic Calculations. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit a Drainage Plan which includes the Hydraulic /Hydrology calculations as prepared by a California State Registered Civil Engineer to the City Engineer for review and approval. The Drainage Plan shall show existing and proposed facilities, provide for acceptance of historic drainage from adjacent upstream properties, show hydraulic and hydrology studies and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without affecting existing downstream drainage system. Incorporate hydraulic analysis for any natural drainage courses and/or stream embankments where applicable. Applicant shall match peak runoff rates for the 25-year and 1 OD-year storm events. Accommodate run-on from adjacent areas when applicable. Said study shall be consistent with the City's Master Drainage Plan and in Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 12 of 20 accordance with all applicable City regulations, Orange County Hydrology and Orange County Public Works design criteria and requirements. 45. Dedications and Maintenance Responsibility. Prior to approval of the grading plans, the applicant/subdivider shall indicate on the plans, to the satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. Prior to the approval of the grading plans the applicant/subdivider shall provide: a. Provisions for maintenance by the Owner or Property Manager for the water quality best management practices identified in the Water Quality Management Plan (WQMP), of all private drainage facilities, including retention/detention basins that are made a part of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually. b. A provision that gives the City the right to assume inspection and maintenance of any NPDES facilities, if the City determines that the Owner or Property Manager has not inspected and maintained said facilities in accordance with the permit requirements, and that, in such event, the Owner shall be financially responsible to pay City for the costs the City incurs in such inspection and maintenance role. c. A statement indicating that by October first of every year, annual fiscal year reports will be furnished to the City in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program. d. A provision requiring that all landscape contractors properly train field crews so as to prevent improper pruning/trimming or ornamental maintenance of the California native plants, and providing an enforceable penalty which the Owner or Property Manager may impose on the landscape contractor for violation of this provision including but not limited to replacement of plant material with comparably sized new plant material. e. A provision that the Owner would be responsible for the replacement and restoration of any enhanced paving or stamped- concrete removed by the City for the purpose of maintaining, replacing, repairing, or otherwise conducting work on underground public utilities including but not limited to waterlines, sanitary sewer lines, and storm drainage lines within the proposed development. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 13 of 20 46. 47. f. A provision that the Owner will require that prior to completing any landscape and irrigation improvements on the property, the applicant/owner shall enter into a landscape maintenance agreement with the City that will include maintenance of offsite landscape, irrigation, and trail maintenance within the public right of way. Bonding and Securities. Prior to issuance of the grading permit, the applicant shall execute a Grading Surety Agreement with the City and shall provide performance bonds/securities for 100 percent of each estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials Testing, Inspection, Construction Management, Surveying, etc .. ), as prepared by a Registered Civil Engineer and approved by the City Engineer, and City Attorney for all onsite and offsite (if applicable) improvements including, but not limited to, street improvements, signing, grading, storm drains, private slopes, and erosion and sediment control. Construction Phasing and Mitigation Program. Prior to issuance of grading and encroachment permits, the applicant/subdivider shall prepare and adhere to a Construction Phasing and Mitigation program, approved by the Development Services Director and Building Official containing, but not limited to, the following controls: a. Grading: 1. Haul route for the movement of on and off-site of heavy earth- moving equipment. 2. Location of assembly and storage/service areas for heavy earth- moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: The Development Services Director and City Engineer may modify the Construction Phasing and Mitigation Program as they deem necessary if on-site and offsite observations indicate that construction activities are creating a nuisance to adjacent property. The applicant/subdivider shall hire a project enforcement person approved by the City Engineer to ensure compliance with the Construction Phasing and Mitigation Program. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 14 of 20 48 . Prior to issuance of grading and encroachment permits, the applicant/subdivider shall submit approved Fire Line Water Plans, approved by OCFA and SMWD. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES: 49. Provide Record Drawing Mylars. Prior to acceptance of the Works of Improvements and release of performance and materials and labor securities, the applicant/subdivider shall submit electronic (PDF and AutoCAD) and reproducible Mylar Record Drawings of all on-site and off- site Works of Improvements e.g. Water/Sewer/Drainage/Street/Irrigation/Landscape, etc.) completed and accepted to the City Engineer and Assistant Utilities Director for review and approval. Said Record Drawings shall be prepared by a California State Registered Civil Engineer. Also, the applicant/subdivider shall submit digital copies of all Record Drawings in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards. 50. Videotape of Storm Drain Pipes. Prior to acceptance of Works of Improvements and release of performance and materials and labor securities, the applicant/subdivider shall submit a videotape, filmed in the presence of a City Staff representative/inspector, of all drainage improvements to the City Engineer for review and approval. The videotape shall become the property of the City. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY: 51 . Completion of All Improvements to the City's Satisfaction. Prior to issuance of a certificate of occupancy for the building within the project, or prior to acceptance of the Works of Improvements and release of any performance and labor and materials securities by the City, whichever occurs first, the applicant/subdivider shall complete, to the satisfaction of the City Engineer, all Works of Improvements as defined within the Subdivision Improvement Agreement and related plans required of this development and necessary to serve the development, including any required off-site improvements, in accordance with the City approved Improvement Plans, and approved exceptions, and at the sole cost of applicant. Orange County Fire Authority (OCFA) 52. Prior to issuance of precise grading permit, the Applicant shall obtain approval of a conceptual fuel modification plan (service code PR120); the Applicant may opt to skip submittal of a conceptual fuel modification plan Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 15 of 20 and proceed directly to submittal of a precise fuel modification plan (service code PR124) instead. 53 . Prior to issuance of precise grading permit, the Applicant shall obtain approval of a fire master plan (service code PR145), precise fuel modification plan (service code PR124), and gates plan (service code PR180). 54. Prior to issuance of a building permit, the Applicant obtain approval of the following: • tanks storing hazardous materials if tanks will be installed (service codes PR300-PR305) • hazardous materials compliance and chemical classification if hazardous materials will be used or stored (service codes PR315- PR328) • high-piled storage if greater than 500 square feet of combustible storage will be stored higher than 12-feet, or plastic over 6-feet (service code PR330) • refrigeration and vapor detection/alarm system (service codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G-02 or the California Fire or Mechanical Codes • Since the total area of Building 1 is greater than 50,000 square feet, an Emergency Responder Radio Coverage Bi-Directional Amplifier (BOA) is required, unless the Orange County Sheriffs Department (OCSD) Communications & Technology Division determines that the radio coverage throughout the structure is adequate without a BOA. For information regarding BOA testing and BOA plan submittal requirements, contact OCSD directly at 714-704-7986 • underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475) • fire sprinkler system (service codes PR400-PR465) 55. Prior to concealing interior construction, the Applicant shall obtain approval of a sprinkler monitoring system (service code PR500). 56 . Prior to occupancy, the Applicant shall provide proof that Orange County Sheriffs Department (OCSD) Communications & Technology Division has completed all necessary testing of the emergency responder radio signal Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 16 of 20 strength throughout the building and has determined it is adequate. For more information, contact OCSD directly at 714-704-7986. 57. Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business ➔Planning & Development Services" in the menu bar at the top of the screen. 58 . Emergency Responder Digital Radio System: An emergency responder digital radio system shall be provided in this structure. Refer to CFC 510 and the OCC/OCFA DAS/BOA guidelines (available at ocfa.org) for requirements. Evidence of compliance with emergency responder digital radio system design and performance criteria shall be provided prior to occupancy. 59 . Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150. 60. Secured Fire Protection Agreement: Prior to clearance of a final map for recordation, or issuance of a building permit, whichever comes first, the applicant or responsible party shall enter into a secured fire protection agreement with OCFA Strategic Services (714-573-6199) to mitigate additional fire service impacts resulting from the project. 61 . Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection. 62 . Fuel Modification Inspection for Occupancy: Prior to issuance of temporary or final certificate of occupancy, the fuel modification zones adjacent to structures must be installed, irrigated, and inspected. This includes physical installation of features identified in the approved precise Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 17 of 20 fuel modification plan (including, but not limited to, plant establishment, thinning, irrigation, zone markers, access easements, etc.). 63. Fuel Modification Maintenance: The property owner is responsible for all maintenance of the fuel modification indefinitely in accordance with the approved fuel modification plans and recorded covenant. The property owner shall retain all approved fuel modification plans. As property is transferred, property owners shall disclose the location and regulations of fuel modification zone to the new property owners. Santa Margarita Water District (SMWD) 64 . Domestic water (DW), wastewater (sewer) and recycled water (RW) design and construction activity by the developer, consultant and contractors shall be performed in accordance with SMWD's Design Criteria and Standard Drawings for Water and Sewer Facilities, as last revised. 65. SMWD's existing DW system (public water facilities within easements) serving the abandoned Endevco Corporation building and property has been inactive and isolated for many years. SMWD records indicate that the DW pipelines on the Site are asbestos concrete pipe (ACP) with various appurtenances and valves which collectively are anticipated to be at the end of its service life (estimated at approximately 50 years for ACP). SMWD Engineering staff proposes to recommend that the SMWD Board of Directors quit claim nearly all DW pipeline easements on the Site. In addition, SMWD will require the Site developer and/or landowner as a new service condition to take ownership of all ACP pipelines that are not ultimately within any remaining SMWD easement areas. This is so the developer can grade and modify the proposed Site as proposed in the CUP Site concept that has been presented to the CSJC. The ACP ownership transfer includes off Site disposal required by state and local ordinances of any ACP material removed from proposed grading operations or from new Site development construction activity. All remaining ACP in the existing alignments on the Site shall also become property of the developer and/or landowner. 66. SMWD proposes to preserve existing easements that extend to the north and south Site edges and request new easements (be 20-feet wide minimum for one pipeline) for any connection points, backflow prevention devices, dual fire service facilities or for access purposes to maintain SMWD DW systems. A new private DW fire service system is requested to be designed, constructed and maintained by the developer/landowner for fire protection purposes. As anticipated to be required by the Orange County Fire Authority (OCFA), the landowner or developer shall prepare and submit two fire service applications to SMWD and pay all applicable Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 18 of 20 fees for monthly service. To ensure that new on Site fire service looped pipelines are capable of reliable long term operation, the developer and engineering consultant is requested to design and construct American Water Works Association DR 14 C900 Poly VinylChloride (PVC) materials. 67. As noted above and due to the proposed new building sizes, two double check detector check assemblies (placed in existing or new SMWO easements) per SMWO standards are proposed to supply a privately owned on-Site fire service system loop. Potential connection points to existing SMWD OW pipelines are from existing easement areas, from Rancho Viejo Road or access road (south edge of the site) and from Malaspina Road (north edge of the Site). The Site developer shall require fire flow tests to be performed on existing fire hydrants adjacent to the Site. A fire flow or hydraulic analysis consistent with OCFA requirements shall be performed on existing pipelines adjacent to the Site pipelines by the developer's engineering consultant to determine if any OW supply system deficiencies exist. 68 . Each proposed new building shall have its own OW meter, backflow prevention device, service lateral, and sewer service laterals per SMWO requirements. New OW meters shall also be located within public Right-of- Way (ROW) or in an existing or new SMWO easement at the Site edges. Backflow prevention devices shall be per SMWO standards and installed downstream of each OW meter. 69. A dedicated RW irrigation meter and strainer device shall be designed for all proposed landscaping on the Site in accordance with SMWD RW standards. The RW meter shall be located in public ROW along the east side of Rancho Viejo Road and a service lateral extended to connect with an existing 8-inch diameter RW pipeline that exists in Rancho Viejo Road. The new connection and RW service lateral to the meter shall be designed by a California Registered Civil Engineer in accordance with SMWO standard drawings and submitted for SMWO acceptance. A proposed RW irrigation use exhibit shall also be prepared by the landowner or developer's landscape architecture consultant and submitted to SMWO for review and acceptance. CSJC approved plans or an encroachment permit shall be obtained for any street work in Rancho Viejo Road or other public ROW area. 70. One private sewer monitoring manhole shall be designed and constructed on each private sewer lateral proposed to connect with existing SMWO sewers. The monitoring manhole(s) shall be designed on private property at the boundary of public ROW or at the edge of any existing or proposed SMWO easements. Planning Commission Resolution 22-05-25-02 Swallows Creek Conditions of Approval May 25, 2022 Page 19 of 20 71 . The Site developer shall complete an SMWD Waste Discharge Permit Application (WDPA) for each separate building and submit it to the Engineering Counter (via email at engcounter@smwd .com) for review and processing. The submittal shall include a complete set of plumbing plans, including fixtures (hard copy and PDF on CD) and a site map showing connection to the public sewer and water systems, along with a $275 processing fee. Submitting this application package to SMWD will generate the final water and sewer letter (Will Serve Letter) by SMWD which is given to the CSJC staff so that the building permit can be issued. 72 . Utilize SMWD General, DW, RW, and Sewer Notes on all DW, sewer and RW construction plans, as applicable. 73 . Submit printed copies of all DW and sewer facility documents to the SMWD Engineering Counter at 26111 Antonio Parkway, Rancho Santa Margarita, CA 92688. Electronic files (pdf) for same shall also be submitted via email to engcounter@smwd.com for SMWD review. 74. Provide to SMWD for review all building improvement plans including but not limited to: plumbing, irrigation and fire sprinkler system. As noted briefly above, the developer shall also submit an application for a Waste Discharge Permit and obtain a release of occupancy letter from SMWD and the CSJC before allowing use of the building. 75 . Submit to SMWD for review and acceptance all developer design engineer's cost estimates for all water and sewer improvements. 76. Submit developer engineering consultant signed mylars of any SMWD DW and sewer plans to SMWD for Chief Engineer approval. SMWD approved public DW and sewer drawing mylars will be returned to the engineering consultant for preparation of printed construction plan and specification copies. Provide CAD files of all DW, sewer and RW plans to SMWD. 77. SMWD general requirements for developer: a. Prepare and submit all improvements development project construction plans involving DW and sewer facilities on 22" x 34" paper size. Also provide in pdf format for SMWD review. b. Submit previous red line and other SMWD review comments with revised plan submissions in pdf form, otherwise resubmittal items will not be accepted for review and/or returned. c. For questions related to DW, sewer and RW improvement requirements for this project contact: Mr. Jaime Aguilar at Planning Commission Resolution 22-05-25-02 Conditions of Approval Swallows Creek May 25, 2022 Page 20 of 20 jaimea@smwd.com (949-459-6582) or Ms. Catherine Aamodt at catherinea@smwd.com (949-459-6505). Applicant Acceptance of Conditions of Approval: By: ________________________________ ____________________ Applicant/Agent Date 8-15-2022