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.
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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.
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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
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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
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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