PC Resolution-22-08-24-03PC RESOLUTION NO. 22-08-24-03
ARCHITECTURAL CONTROL {AC) 22-004
TREE REMOVAL PERMIT {TRP) 22-010
SIGN PROGRAM (SP) 22-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONDITIONALLY APPROVING ARCHITECTURAL
CONTROL {AC) 22-004, TREE REMOVAL PERMIT {TRP) 22-010, AND SIGN
PROGRAM {SP) 22-010; FOR A NEW COMMERCIAL PROJECT WITHIN THE EL
CAMINO SPECIFIC PLAN {SP 22-01 ), WHICH CONSISTS OF TWO, 2-STORY
BUILDINGS WITH APPROXIMATELY 27,457 SQUARE FEET OF RETAIL,
RESTAURANT AND OFFICE USES, AND A 4-STORY PARKING STRUCTURE WITH
A 2,607 SQUARE FOOT RETAIL SPACE ON A 1.68-ACRE CITY-OWNED
PROPERTY CURRENTLY DEVELOPED WITH THE CAMINO REAL PLAYHOUSE
AND A PUBLIC PARKING LOT, LOCATED AT 31776 EL CAMINO REAL {APN #124-
160-27, 124-160-55, 124-160-57, 124-160-63){APPLICANT: JESSICA STEINER,
BICKEL GROUP ARCHITECTURE).
Whereas, Jessica Steiner, Bickel Group Architecture, 3600 Birch Street,
Suite 120,Newport Beach, CA 92660 has requested approval of Architectural Control (AC)
22-004, Tree Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010 for
approval of a Specific Plan to facilitate the development of a new commercial project
consisting of two, 2-story buildings with approximately 27,457 square feet of retail,
restaurant and office uses, and a 4-story parking structure with a 2,607 square foot
retail space on a 1.68-acre City-owned property currently developed with the Camino
Real Playhouse and a public parking lot, located at 31776 El Camino Real (APN #124-
160-27, 124-160-55, 124-160-57, 124-160-63); and,
Whereas, the City of San Juan Capistrano is the owner of the real
property located at 31776 El Camino Real (APN #124-160-27, 124-160-55, 124-160-57,
124-160-63); and,
Whereas, the applicant proposes to develop the entire 1.68-acre site with
commercial and office space that combines restaurant, office, and retail space within 2
unique buildings totaling approximately 27,457 square feet, a 4-story parking structure
with a 2,607 square foot retail space, along with associated improvements ("the El
Camino Specific Plan" or "project"); and,
Whereas, the project is designed to be complementary to the
Mediterranean, Monterey, Agrarian and eclectic architecture found throughout the City
and planted with low water-use landscaping, and amenities designed to be consistent
with the early San Juan Capistrano aesthetic; and,
Whereas, the project would provide indoor and outdoor dining, unique
retail venues, and an outdoor plaza with varied seating options and communal tables for
outdoor dining; and,
Whereas, the project also includes a parking structure with a retail space
that would be accessed via El Camino Real; and,
PC Resolution 22-08-24-03 2 August 24, 2022
Whereas, the proposed project is being processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Architectural Control, Tree Removal Permit, and Sign
Program applications were filed concurrently with the General Plan Amendment, El
Camino Specific Plan, Code Amendment and Zone Change, so the Planning
Commission reviewed all applications together as one package, and,
Whereas, the City's Environmental Administrator has reviewed the Project
and recommends that the City find the project categorically exempt from further review
under the State CEQA Guidelines, Section 15332, In-Fill Development Projects (Class
32).
Whereas, the Planning Commission conducted a duly-noticed public
hearing on August 24, 2022 pursuant to Title 9, Land Use Code, Section 9-2.302 and
City Council Policy 5 to consider public testimony on the proposed project and has
considered all relevant public comments; and,
Whereas, the Design Review Committee (DRC) Commission conducted a
duly-noticed public meeting on December 9, 2021, and recommended that the above
item move forward to the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby recommend that the City Council find
the project exempt from CEQA pursuant to Class 32 categorical exemption. The entire
Project is exempt per Section 15332 because the Project meets the required conditions
for Class 32. The Project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning designations and
regulations outlined in the El Camino Specific Plan; in all respects where the El Camino
Specific Plan does not specify a development standard, the Project is consistent with
the San Juan Capistrano General Plan and Title 9 of the Municipal Code, Land Use.
The project occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses. Specifically, the Project is located at 31776 El
Camino Real in the City of San Juan Capistrano, consists of 1.68 acres, and is
surrounded by Town Center (commercial), Community Park (public), and Town Center
Edge (commercial) to the north, south, and east, respectively, and Town Center
(commercial) to the west. The project site has no value, as a habitat for endangered,
rare, or threatened species because a portion of the Project site has already been
developed and is currently improved with a commercial building and parking lot on the
parcels. Therefore, the site is not habitat for endangered, rare, or threatened species.
Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality; analysis has been conducted to ensure the
Project does not result in any significant effects relating to traffic and water quality,
including the following: a Traffic Sensitivity Analysis accepted by the City Traffic
Engineer and the Preliminary Water Quality Management Plan approved by the Public
Works Department. Further, there is no evidence that the project would result in
significant effects relating to air quality or noise. The site can be adequately served by
all required utilities and public services; the Project site is currently serviced by all
required utilities, including but not limited to electricity, gas, garbage, water, and sewer
PC Resolution 22-08-24-03 3 August 24, 2022
and therefore would remain adequately serviced. Further, none of the exemption
exceptions identified in CEQA Guidelines Section 15300.2 apply. Based on the
performed studies and the conclusions, there is no reasonable possibility that the
Project would have a significant effect on the environment due to unusual
circumstances; the site is already developed with a commercially operating playhouse,
the Project's Traffic Sensitivity Analysis concluded that the Project would not result in a
significant increase of inbound and outbound traffic, would provide adequate access,
and would provide adequate off-street parking. Further, the Project will not result in
damage to scenic resources within a highway officially designated as a state scenic
highway; the closest officially designated state scenic highway is located from Route 55
to East GIL of Anaheim near Anaheim and therefore the Project will not result in
damage to scenic resources within or near such highway. Further, the Project is not
located on a site which is included on any list compiled pursuant to Government Section
65962.5; the Project site has not been designated as a hazardous waste site. Further,
the Project will not cause a substantial adverse change in the significance of a historic
resource; specifically, there would be no substantial adverse change in the significance
of the Blas Aguilar Adobe.
Should the City Council approve the proposed Project, the Planning
Commission recommends that the City Council direct staff to prepare, execute and file a
Notice of Exemption with the Orange County Clerk's Office within 5 working days of
such approval.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings as
established by Section 9-2.313 Architectural Control, of Title 9, Land Use Code of the
City of San Juan Capistrano:
1. The proposed use and design of the project comply with all applicable
provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable
specific plan or comprehensive development plan because the proposed Code
Amendment to create the El Camino Specific Plan (SP 22-01) will provide
development standards for the proposed development project. "Furthermore, the
proposed design is a Mediterranean, Monterey, Agrarian architectural style which is
consistent with the historic context of the downtown area.
2. The proposed use and design of the project is consistent with the
goals, policies and objectives of the General Plan, including the Community Design
Element because the project is consistent with the following policies and objectives
of the Community Design Element:
Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in
development to maintain the character of the City;" and,
The Project is consistent with this policy because the proposed building,
outdoor areas, and low water-use landscaping would feature high
quality materials and architectural detailing. Additionally, the site
PC Resolution 22-08-24-03 4 August24,2022
improvements incorporate a human scale design by providing a
desirable environment for patrons as there would be adequate parking,
new landscaping, lighting, and signage. Lastly, the Project is designed
to be compatible with the surrounding properties. Thus, the project is
designed at a human-scale, the only historic resource located on the
project site will be enhanced, and none of the proposed buildings will
dwarf any existing, adjacent uses.
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's
traditional, historic character through site design, architecture, and
landscaping."
The Project is consistent with this policy as the proposed architectural
style is eclectic and includes Mediterranean, Monterey, Agrarian
architectural styles which complements the traditional and historic
character of the City of San Juan Capistrano which consists of a mix of
styles including Mediterranean, Spanish Colonial, Monterey, Mission
Revival, Rural Agrarian, Modern, Western and Early California. The use
of smooth stucco walls, earth tone colors, brick, wood siding and
standing seam metal roof material is consistent with the eclectic styles
that exist in the downtown. The proposed low water-use landscaping
design provides a tree and shrub palette found locally and in the
downtown area.
As discussed further below, the project conforms to the City's adopted
Architectural Design Guidelines, which substantially implement the
General Plan Community Design Element. Further, the project conforms
to the El Camino Specific Plan design standards, which intend for
conformity with the City's Architectural Design Guidelines.
3. The site is adequate in size and shape to accommodate all yards,
open spaces, setbacks, parking, access, and other features pertaining to the
application, except as otherwise approved because the project has been designed to
accommodate the required project building elements, as set forth in the El Camino
Specific Plan, and because the development characteristics meet all of the
development standards established in the Specific Plan, including required building
setbacks, building heights, open areas, massing, landscaping, parking and site
access.
4. The character, scale and quality of the architecture, site design and
landscaping are consistent with the adopted Architectural Design Guidelines of the
City because as demonstrated within this staff report, the proposed project and use
of materials and landscaping compliments the design elements of Mediterranean,
Monterey, Agrarian architectural style architecture, as provided by the El Camino
Specific Plan. The enhanced paving details and landscaping conveys a sense of
PC Resolution 22-08-24-03 5 August 24, 2022
"richness of detail" and complements the building elevation design. Furthermore,
the project will be consistent with the adopted Architectural Design Guidelines
because the following design principles are applicable to the proposed project:
Design Issue/ Principal 1: Human Scale. The proposed project has a well-
balanced pedestrian orientation and human scale. The pedestrian circulation
experience is enhanced along Ortega Highway and El Camino Real with the
use of enhanced paving throughout the pedestrian pathways and a Historic
Depiction Program (HOP) located in the rustic plaza.
Design Issue/ Principle 2: Eclectic Building Styles. The proposed project
proposes the use of unique building materials, such as wood siding, smooth
stucco, brick and standing seam metal, consistent with Mediterranean,
Monterey, Agrarian architectural style. Building pop-outs and offsets as well
as variations in building heights, materials, and colors would be added to
offset the buildings' massing, provide human scale, and provide relief to and
variation in the building form and style. These details will allow the
development to architecturally exist amongst the adjacent buildings that are
located within the downtown. The enhanced paving and landscaping which
will further enrichen the eclectic architectural style.
Design Issue/ Principal 5: Heritage and Tradition. The proposed project
reflects the history and tradition of San Juan Capistrano. The El Camino
Specific Plan contains development standards and guidelines that reinforce
specific site planning, architectural design, and landscape design. The design
guidelines are intended to pay homage to the area's rich history, including the
Capistrano Train Depot, and the Mission of San Juan Capistrano. The design
guidelines reflect themed buildings and an earth-toned color palette to assure
that development within the El Camino Specific Plan Area reflects the history
of the surrounding area.
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate enhanced paving which would enhance the
architectural details of the project and provide an enhanced overall pedestrian
experience. The applicant also proposes to install landscaping along the
perimeter of the project area and at the entry driveway, and along the
perimeter of the parking structure which is consistent with the Architectural
Design Guidelines, Principle 1, which provide, "The physical environment
should be comfortable, friendly, accessible and approachable. Parking areas
should be designed to minimize the impact of automobiles on pedestrian
circulation and to be less visually intrusive."
Design Issue/ Principle 8: Linkages and Connections. The proposed
pedestrian circulation design allows for patrons to the project site and the
downtown via an enhanced pedestrian walkways.
5. The site plan provides functional and safe vehicular, bicycle and
pedestrian access and circulation because the site development concept provides a
driveway at El Camino Real to access the two buildings and the parking structure.
Enhanced paving for pedestrian walkways provides a clear distinction from the
PC Resolution 22-08-24-03 6 Auqust24,2022
vehicular access driveway. The perimeter of the surface parking areas will include
landscaping to visually buffer the building.
6. The proposed use and design of the project are compatible with
surrounding existing and proposed land uses and community character, including
scale, intensity, massing, architectural design, landscape design, and other
development characteristics because the proposed building will use colors and
materials that are found through San Juan Capistrano, and are similar to the colors
and materials of the buildings in the downtown. The architectural design, landscape,
and proposed parking lot features were reviewed by the Design Review Committee
which recommended approval of the designs.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings as established by Section 9-2.349 Tree Removal Permits, of Title 9, Land Use
Code of the City of San Juan Capistrano:
3. Removal of the trees will not have an adverse impact on adjacent
properties or the general welfare in that the removal will not adversely impact views,
public streetscapes, or other aesthetic considerations because the project includes
the installation of 33 new trees (minimum 24-inch box). The proposed landscaping
improvements will be consistent with landscaping already existing within the
downtown area. Any temporary impact on views, public streetscapes, or aesthetics
caused by the removal of such trees will be mitigated by such trees' replacement
with 33 healthy trees, conditioned to be a minimum of 24" box size each. Lastly, it
should be noted that one 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 because the installation of the proposed tree species -
Strawberry, Citrus, Dragon, Olive, Mesquite, London Plane, Carpe Myrtle, Oak,
California Pepper, and Brisbane Box trees are appropriate to the site, as it will create
cohesion and consistency within the new development as well as surrounding
properties.
Furthermore, Municipal Code Section 9-2.349 notes that "heritage trees shall not be
removed without Planning Commission review and approval of a heritage tree removal
permit, based on an affirmative finding that one or more of the following criteria are met
as substantiated by evidence in the record." The following finding of fact warrant
approval of the tree removal permit for a heritage tree:
3. In approving a heritage tree removal permit, the Planning Commission
may add conditions of approval to ensure conformance with applicable provisions of
this Code because the removal of one heritage Olive tree will be mitigated with a
condition of approval that requires the submittal of a final landscape plan. Said plan
shall include 33 new trees (minimum 24-inch box to 96-inch maximum) for a variety
of tree types, including but not be limited to Strawberry trees, Citrus trees, Dragon
tree, Olive, London Plane trees, Pepper trees, and Oak trees.
PC Resolution 22-08-24-03 7 August24,2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings as established by Section 9-2.343 Sign Program, of Title 9, Land Use Code of
the City of San Juan Capistrano:
1. The sign program is consistent with the General Plan and Design
Guidelines, and is complementary to the architecture and design of the development
project because the sign program is consistent with the following General Plan
Community Design Element policy and Design Guidelines:
General Plan Community Design Element Policy 1. 2 Encourage high-
quality and human scale design in development to maintain the character
of the City. The signs are to be constructed from durable high quality
industry standard materials, and the size of the signs complies with the
sign program standards and criteria that is included in the proposed El
Camino Specific Plan. The Sign Program complies with the El Camino
Specific Plan Design Guidelines, Section 4, Signs because "An integrated
signage program aides in creating a sense of place through architectural
integration and enhanced visual interest." Furthermore, the Program
complies with the following signage criteria:
Design Guidelines, Appendix A, Signs
a. Signage
» Signage should be consistent with the Master Sign
Program developed for the project.
» Signage should convey an individualized
character that enhances architectural theme and
complements the building finishes.
» Signs that conflict with aesthetics of the surrounding
area should be avoided.
» Design of all signage should be durable, low
maintenance, enerQy efficient, and vandal resistant.
2. The sign program conforms to all applicable requirements set forth in
the El Camino Specific Plan. Appendix C to the El Camino Specific Plan is a sign
program with specific standards that require that signage design to be architecturally
compatible with the buildings. The proposed sign conforms to the standards outlined
in Appendix C to the El Camino Specific Plan. Thus, through the sign program, the
applicant has created a visually pleasing method of providing compatible and
complementary signs to minimize visual clutter.
3. The sign program is generally compatible with the design character of
adjacent properties and/or rights-of-way because the signs are wall mounted and will
not impact the right-of-way and will not create light or glare impacts to the adjacent
properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 22-004, Tree Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010
PC Resolution 22-08-24-03 8 August24,2022
subject to those conditions of approval established by Exhibit A, attached hereto and
incorporated herein, including the provision that this approval is fully contingent upon
the City Council making a CEQA exemption determination, approving the General Plan
Amendment (GPA) 22-001, adopting the El Camino Specific Plan (SP 22-01 ), adopting
Code Amendment (CA) 22-002, and adopting Rezone 22-001. If the City Council does
not make a CEQA exemption determination or if GPA 22-001, SP 22-01, CA 22-002, or
RZ 22-001 are denied by the City Council, this approval is deemed null and void.
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 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 ADOPTED this 24th day of August 2022.
~-fA_Ja£{)
Tami Wilhelm, Chair
Joel
Directo
Services
RESOLUTION #: 22-08-24-03
EXHIBIT A
CONDITIONS OF APPROVAL
Project#: General Plan Amendment (GPA) 22-001, Code
Amendment (CA) 22-002, Rezone (RZ) 22-001,
Architectural Control (AC) 22-004, Tree Removal
Permit (T RP) 22-010, and Sign Program (SP) 22-010.
Project Name: El Camino Specific Plan
APPROVAL DATE: August 24, 2022
These conditions of approval apply to General Plan Amendment (GPA) 22-001, Code
Amendment (CA) 22-002, Rezone (RZ) 22-001, Architectural Control (AC) 22-004, Tree
Removal Permit (TRP) 22-010, and Sign Program (SP) 22-010, a request for approval
of a Specific Plan to facilitate the development of a new commercial project consisting
of two, 2-story buildings with approximately 27,457 square feet of retail, restaurant and
office uses, and a 4-story parking structure with a 2,607 square foot retail space on a
1.68-acre City-owned property currently developed with the Camino Real Playhouse
and a public parking lot, located at 31776 El Camino Real (APN #124-160-27, 124-160-
55, 124-160-57, 124-160-63).
General Conditions:
1. The above referenced entitlement approvals are granted for a commercial
development. This approval is granted based on the application materials
submitted by Bickel Group Architecture, including the architecture,
grading, utilities, landscape, lighting, and sign program dated August 16,
2022. These plans 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 site
plan, and which do not intensify or change the use or require any
deviations from City Code may be approved by the Development Services
Director upon submittal of an application and the required fee. If not
appealed, this approval shall become effective on the first business day
following the fifteenth (15th) day after the date of the Planning
Commission's approval.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Pa e 2 of 18
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 again st
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 exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, 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 with in the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
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 an exception of approvals of water and sewer
improvements, and clearance from other departments and agencies shall
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Pa e 3 of 18
be on file with the Building and Safety Department 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 the Utilities Department or other water
and sewer utility purveyor.
10. PursuanttoSection 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 th rough Friday
Saturday
7:00 a.m. to 6:00 p.m.
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 Bu ii ding Official forexten uating 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.
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
14. 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.
(PW)
b. Provisions for maintenance by the Owner or Property Manager for the
water quality best management practices identified in the WQMP, of all
private drainage facilities, including retention/detention basins th at are
made a part of the National Pollutant Discharge Elimination System
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
15.
16.
Page 4 of 18
(NPDES) permit issued by the City, and for inspection of open
channels and catch basins annually.
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. (PW &
UD)
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. (PW)
Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable development impact and engineering
fee requirements in accordance with the City Municipal Code fee
schedule, as last revised, and post bonds/securities for 100 percent of
each estimated improvement cost associated with grading, drainage, and
erosion control within the private property as well as any improvement
within the public right of way to ensure satisfactory performance of
proposed improvements, as prepared by a Registered Civil Engineer and
approved by the City Engineer for improvements including, but not limited
to, street improvements, signing, signalization, striping and street lights;
storm drains, private slopes, open space, on-site and off-site grading,
drainage, landscape and irrigation, erosion and sediment control, sewer,
water, street, and all appurtenant improvements. (PW)
Storm Runoff, Hydraulic/Hydrology Calculations. Prior to approval, the
applicant shall submit to the City Engineer for review, and shall obtain
approval of, a Drainage Report and Water Quality Management Plan
prepared by a Registered Civil Engineer. The applicant shall show existing
and proposed facilities, provide for acceptance of historic drainage from
adjacent upstream properties, show hydraulic and hydrology studies and
calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and
without affecting existing downstream drainage system. Said study shall
be consistent with all applicable City regulations and Orange County
design criteria, and standards. Development shall be designed to match or
reduce existing runoff flow rates for the 10, 25, and 100-year storm
events. Detention/retention basins shall be designed to accommodate the
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Page 5 of 18
100-year storm flow with engineered secondary overflow devices. An
engineered secondary overflow shall also be provided for storm drain
systems designed with sump conditions to preclude flooding of ,private
properties. All drainage must be conveyed to the on-site street or a City
approved drainage facility. If an existing downstream drainage facility,
whether it is a storm drain pipe, an open drainage channel, or an inlet
basin , is inadequate or does not meet current City standards or, in the
opinion of the City Engineer, is unsafe to properly carry 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 drain age system sh all be
placed with in its proper easement and appropriately dedicated. (PW)
17. Construction Cost Estimate. The applicant shall submit to the City
Engineer for review, and obtain approval for, an estimate of quantity and
construction costs prepared by a Registered Civil Engineer. Said estimate
shall include costs for construction of all public improvements associated
with the project including but not limited to, applicable street
improvements, signing and striping, streetlights, traffic signals, storm
drains, water, recycled water, sewer, landscape, irrigation systems, setting
of survey monuments and centerline ties. Construction cost estimates of
facilities that will be dedicated to the City for operation and maintenance
shall comply with the California Labor Code with respect to prevailing
wages. Any exception to or deviation from th is sh all be subject to review
and approval by the City Engineer. (PW)
18. Soils/Geotechnical Report. Prior to issuance of grading permits , the
applicant shall submit to the City Engineer, and Building Official for their
review, and shall obtain approval for, a Final Soils/Geotechnical Report,
prepared by a Registered Geotechnical Engineer to determine the seismic
safety and soils stability of all proposed grading and development
improvements including but not limited to pavement sections and
substructure bedding/backfill recommendations and any other
improvements within the project as well as any affected adjacent property.
The Soils Report/Geotechnical Report shall be subject to review by a
third-party geotechnical consultant retained by the City, at applicant cost,
to ensure geotechnical stability to the satisfaction of the City Engineer.
(PW)
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
19.
20.
21 .
Page 6 of 18
Grading Plans. Prior to issuance of grading improvement permits, the
applicant shall submit a Final Grading Plan to the City Engineer and
Building Official for their review and shall obtain approval for Grading
Plans prepared by a Registered Civil Engineer. These plans shall show,
at minimum, the limits of grading, easements, drainage, sewer, water,
parkways, streets, driveways and all appurtenant improvements. The
extent of the topography shall be extended enough to determine the
geological and drainage impacts to adjacent properties. Aerial topography
of adjacent private property is sufficient. Surveying of private property
outside of the project area is not required. The elevations shall correspond
with the Orange County benchmark datum. Unless determined otherwise
by the City Engineer, runoff must be filtered with Best Management
Practices (BMP's) methods then conveyed to the street or a City approved
drainage facility. All grading plans shall be subject to review by a third-
party geotechnical consultant retained by the City at applicant cost, to
ensure geotech n ical stability to the satisfaction of the City Engineer. (D SD
&PW)
Erosion and Sediment Control Plans (ESCP). Prior to issuance of grading
improvement permits, the applicant shall submit to the City Engineer and
Building Official for review and shall obtain approval for Final Erosion and
Sediment Control Plans and programs prepared by a Registered Civil
Engineer. These plans 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. In order to control pollutant run-off, the applicant
shall demonstrate to the satisfaction of the City Engineer that all water
quality best management practices incorporated into the project, shall be
designed in accordance with the National Pollutant Discharge Elimination
System (NPDES) standards, the requirements of the California Regional
Water Quality Control Board (San Diego Region) Order No. R9-2002-0001
and City guidelines and regulations, and shall show evidence satisfactory
to the City Engineerthata permit has been obtained. (PW)
Drainage Improvement Plans. Prior to approval of a grading permit, the
applicant shall submit to the City Engineer for review and shall obtain
approval of Drainage Improvement Plans specific to the project, which
reflect consistency with all applicable City regulations and Orange County
design criteria, and standards. These plans shall show locations of all
existing and proposed facilities.
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Pa e 7 of 18
Detention/retention basins (if applicable) shall be designed to accommodate
the 1 DO-year storm flow with engineered secondary overflow devices. A
secondary overflow as provided in the preliminary plans and hydrology
report shall be provided for storm drain systems designed with sump
conditions to preclude flooding of private properties. All proposed street
catch basins shall be stenciled to include language that prohibits illegal
dumping into the storm drains and lined with curb inlet filters or equal
devices which meet the National Pollutant Discharge Elimination System
(NPDES) requirements and the City Engineer. Storm drain junction
structures and catch basins shall be provided with access manholes as
deemed necessary by the City Engineer. All drainage must be conveyed to
the street or a City approved drainage facility. (PW)
22 . Connection to Public Drains must be Documented and Filed. Prior to
approval of plans, the applicant sh al I demonstrate to the satisfaction of the City
Engineer that any proposed connections to existing public drainage system,
from on-site drains, must have appropriate encroachment permits and be
approved by the City Engineer and all applicable Orange County Flood Control
(OCFCD) permits and requirements. (PW)
23. Dry Utilities (Electric, Telephone, Cable TV, Gas). Prior to issuance of a
grading permit, the applicant shall submit to the City Engineer for review, and
shall obtain approval of a composite utility plan including but not limited to
Electrical, Gas, Telephone and Cable Television installation plans to ensure
compatibility with existing and proposed improvements. All utility facilities
within the public right of way shall be underground. Vaults, transformers,
juncture boxes, or any similar devices shall not be permitted above ground.
Any deviation from these requirements shall be subject to City Engineer's
review and approval. (PW)
24. _ Traffic Improvement Plans. Prior to approval of the plans, the applicant
shall submitto the City Engineerforreview, and shall obtain approval of, traffic
improvement plans for all streets prepared by a Registered Traffic Engineer.
These plans shall show the striping, signage, traffic signal equipment,
signalization, lighting, and all related appurtenances. The plans, at a minimum,
shall include:
a. Developer shall provide a grind and overlay of El Camino Real along
frontage of project as well as a sidewalk connection with the Blas
Aguilar Adobe. At a minimum, provide a grind and overlay on El
Camino Real along the project frontage to the centerline of El Camino
Real.
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
25.
Page 8 of 18
b. Install streetlights with Mission Bell luminaries along the project
frontage of Ortega Highway and El Camino Real.
c. Provide new sidewalk along project frontage along El Camino Real and
Ortega Highway.
d. 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. (PW)
Traffic Management Plans. Prior to the issuance of grading permits, the
project applicant shall prepare a Construction Traffic Management Plan in
coordination with the City of San Juan Capistrano City Engineer. The
Plan, at a minimum, shall include the following:
a. Ingress and egress for the construction traffic would be via the
driveway located El Camino Real with a flagman to provide
ingress/egress from the project site to Ortega Highway.
b. Restrict construction traffic on all local collector streets.
c. Traffic control for any street closure, detour or other disruption to
traffic circulation.
d. Identify the routes that construction vehicles will utilize for the delivery
of construction materials (i.e. lumber, tiles piping, windows, etc.), to
access the site, traffic controls and detours and proposed construction
phasing plan for the project.
e. Identify parking needs and parking areas for construction related
equipment and workman support.
f. Specify the hours during which transport activities can occur and
methods to mitigate construction-related impacts to adjacent streets.
g. Require the Applicant to keep all haul routes clean and free of debris
including but not limited to gravel and dirt as a resu It of its operations.
The Applicant shall clean adjacent streets, as directed by the City
Engineer (or representative of the City Engineer) of any material
which may have been spilled, tracked or blown onto adjacent streets
or areas (if caused by construction by Applicant).
h. Hauling or transport of oversize loads will be allowed between the
hours of 8:30 AM and 2:30 PM only, Monday through Friday, unless
approved otherwise by the City Engineer. Hauling ortransport may be
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Page 9 of 18
permitted/required during nighttime hours, weekends or Federal
holidays, at the discretion of the City Engineer. An approved Hau I
Route Permit will be required from the City.
i. Haul trucks entering or exiting public streets shall at all times yield to
pedestrian and public traffic.
j. If hauling operations cause any damage to existing pavement, street,
curb or gutter along the haul route, then the applicant will be fully
responsible for repairs. The repairs shall be completed to the
satisfaction of the City Engineer.
k. With exception to temporary parking for contractor and employee
vehicles, all constructed-related parking and staging of vehicles will be
kept out of the adjacent public roadways and parking lots and will
occur on-site.
I. Th is Plan shall meet standards established in the latest edition of
California Manual on Uniform Traffic Control Device (MUTCD) as well
as City of San Juan Capistrano requirements.
26 . On-Site Improvement Plans. Conduct on-site circulation analysis and
show the dimensions and demonstrate through a turning template,
vehicles, as well as trash, delivery trucks, and fire trucks have the
sufficient turning radii th roughoutthe site and with in the parking structure.
Include turnaround or hammerhead(s) as needed. (PW)
27. Encroachment Permit Right-of-Way. An Encroachment Permit is required
for any work and construction-related activities in the public right-of-way.
These include truck hauling, traffic control, site ingress and egress, hours
of operation in the right-of-way (hauling hours may be limited due to
school hours/traffic), street cleaning, etc. (PW)
28. Encroachment Permit Haul Route. An Encroachment Permit is required for
a Hau I 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. (PW)
29. Bird Survey. Prior to any permit issuance for grubbing, grading, tree
trimming/removal or prior to engaging in such activities that would occur
between the breeding season for native birds (February 15 through July
31 ), the project applicant shall retain the services of a qualified
ornithologist to conduct an ornithological survey of the construction zone.
The City will require the developer to submit a copy of the executed
contract for such services prior to the issuance of any grading permits.
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
30.
31 .
32 .
33.
Page 10 of 18
The ornithological survey shall occur not more than seven days prior to
the initiation of those grading/construction activities. If the ornithologist
detects any occupied nests of native birds within, or in close proximity to,
the construction zone, then they shall be mapped on construction plans
and the project applicant will fence off the area(s) supporting bird nests
with temporary construction fencing, providing a minimum buffer of 200
feet between the nest and limits of construction. (Th is buffer zone shall be
at least 500 feet for raptors until the young have fledged, are no longer
being fed by the parents, have left the nest, and will no longer be impacted
by the project.) The construction crew will be instructed to avoid any
activities in the zone until the bird nest(s) is/are no longer occupied, per a
subsequent survey by the qualified ornithologist. Alternatively, the project
applicant will consu It as appropriate with the USFWS to discuss the
potential loss of nests of native birds covered by the MBTA to obtain the
appropriate permit from the USFWS. (DSD)
Maintenance Plan. Prior to approval, the applicant shall submit a
Maintenance Plan indicating maintenance responsibility for all landscape
within the public right of way. Developer shall enter an agreement with the
City to maintain proposed improvements such as railing, landscaping,
trees, utilities, and irrigation system back of curb and gutter or sidewalk as
applicable. (PW)
Permits Required. Prior to the commencement of any grading or
construction activity, 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. (PW)
Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading and right-of-way improvement permits, the applicant shall submit
to the City Engineer for review, and shall obtain approval of, a program
complying with the requirements of the California Integrated Waste
Management Act of 1989 to reduce construction and demolition debris
through recycling. (PW)
Grading Access and Haul Route Plan. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City
Engineerfor review, and shall obtain approval of: (PW)
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
Page 11 of 18
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 will
require the contractor to provide continuous street sweeping on City
streets in the vicinity of the project as identified in the Haul Route
Permit.
34 . Standard Sheets. Utilize City Standard sheet layout and Standard Notes,
as applicable. (PW)
35 . Profile at Driveways. Incorporate profiles to show adequate vehicle
clearance at driveway(s) location(s). (PW)
36 . ADA Path of Travel. Provide ADA path of travel from the public right of
way to the building. Include signing, striping, and other necessary design
features for ADA compliance. (PW)
37 . Electronic Submittal. Submit electronic and hard copies of all documents
listed on the "Plan Check Submittal Requirements" form located at the
Building and Planning Counter. This includes and is not limited to: a
Geotechnical report with wet ink signatures (report or addendum letter
cannot be over one (1) year old), Hydrology and Hydraulic
analyses/report, retaining wall calculations, a Storm Water Pollution
Prevention Plan (SWPPP) to mitigate erosion and sediment form leaving
the site du ring construction activities, Erosion and Sediment Control
Plans (ESCP) including backup calculations and data, and an engineer's
cost estimate for grading activities (including retaining walls),
erosion/sediment control BMPs, and any off-site improvements. (PW)
The following conditions of approval shall be met prior to issuance of building
permits for the project.
42. OCFA Approval. Prior to the issuance of a building permit, the applicant
shall satisfy all OCFA requirement and submit approval from OCFA of
architectural plans. (DSD)
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
44.
45.
46.
47.
48.
Page 12 of 18
SMWD Approval. Prior to the issuance of a building permit, the applicant
shall satisfy all SMWD requirements and submit approval from SMWD of
water utility plans. (OS)
Public Facility Easements. Public Facility Easements to be in Lettered Lots
Maintained by Owner or Property Manager (if applicable). Prior to issuance
of building permits, the applicant/sub-divider shall demonstrate to the
satisfaction of the City Engineer that public facilities, such as drainage,
sewer, and water, are designed to be located within the right-of-way and/or
include easements as applicable. Any deviation shall require prior
authorization from the City Engineer. If facilities are proposed in easements,
said easements shall be placed in lettered lots and their surfaces shall be
maintained by the Owner. Any exception shall be subject to review and
approval by the City Engineer. (PW)
Trash Facilities. Trash facilities shall be designed in accordance with the
Municipal Code Title 9, Chapter 3, Article 5 as well as the applicable
sections of CalGreen organics and recycling standards as set forth by
S81383. Trash enclosures shall be covered, located within a secured area,
include a connection to the sewer system (if feasible), and be designed to
eliminate run-on and run-off from the enclosure area. Coordinate with
Noreen Swiontek in the Public Works Department for any additional
questions. (PW)
Historic Depiction Program. Prior to issuance of a building permit, the
applicant/developer shall submit a proposed Historic Depiction Program
(HOP) to the Development Services Department. The HOP shall require
review and approval by the Cultural Heritage Commission (CHC) pursuant
to City Council Policy 606. The HOP shall be integrated into the design of
the project. The applicant shall have obtained CHC approval of the HOP
prior to issuance of any certificate of occupancy. (DSD)
SWPPP & NOi. The project applicant shall submit a Notice of Intent (NOi)
and a Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in
accordance with the NPDES General Construction Permit requirements.
The SWPPP shall be designed to control pollutant discharges utilizing Best
Management Practices (BMPs) and technology to reduce erosion and
sediments. BMPs may consist of a wide variety of measures taken to
reduce pollutants in stormwater runoff from the project site. Measures shall
include temporary erosion control measures (such as silt fences, staked
straw bales/wattles, silt/sediment basins and traps, check dams, geofabric,
sandbag dikes, and temporary revegetation or other ground cover) that will
be employed to control erosion from disturbed areas. Final selection of
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
Page 13 of 18
BMPs will be subject to approval by the City of San Juan Capistrano and the
RWQCB. The SWPPP will be kept on site during construction activity and
will be made available upon request to representatives of the RWQCB and
City. (PW)
49. Hazardous Materials . If any hazardous materials are to be used or stored on
site, prior to the issuance of a building permit, the applicant shall complete
and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure
Chemical Inventory and Business Emergency Plan" packet. (Fire)
50. Capistrano Circulation Fee Program (CCFP}. The applicant shall pay CC FP
fees, as required by the CCFP at issuance of building permits. (PW)
51. _ Final Landscape Plans. The applicant shall submitthe final landscape plans
to the Development Services Department for review and approval. Said
plans shall include adequate screening of the parking structure for views
from the Blas Aguilar Adobe and shall include 24-inch box to 96-inch box
sizes for a variety of tree types, including but not be limited to Strawberry
trees, Citrus trees, Dragon tree, Olive, London Plane trees, Pepper trees,
and Oak trees; or as determined by the Development Services Department.
(DSD)
52. Final Photometric Plans. The applicant shall submit the final photometric
plans to the Development Services Department for review and approval.
Shielding shall be required so that light measured 5 feet outside the
property boundary shall not exceed 0.1 footcandle; or as determined by the
DevelopmentServices Department. (DSD)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
53. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with all approved plans and permits,
including: (PW, DSD)
a. Approved Erosion and Sediment Control Plan.
b. Approved L.I.D. (Low Impact Development) Plans/Features.
c. All grading shall take place on the subject property.
d. Approved Water and Sewer Improvement Plans
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Page 14 of 18
54 . Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:00
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on
Saturday. Construction activity shall not be permitted on Sundays or any
Federal holiday. (DSD)
55 . _ Archaeologist. A qualified archaeologist (defined as an archaeologist on the
List of Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre-construction meetings to advise
construction contractors about the sensitive nature of cultural resources
located on or in the vicinity of the project site, as well as monitoring
requirements. A qualified monitor (defined as an individual with a bachelors
degree in anthropology with archaeological monitoring experience),
supervised by the qualified archaeologist, shall observe on-and off-site
construction activities that resu It in grading, or excavating on or below the
original ground surface (including during project-related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and
roadway improvements). Should nonhuman cultural resources be
discovered, the monitor shall have the power to temporarily halt or divert
construction activities until the qualified archaeologist can determine if the
resources are significant and, if significant, until recovered by the
archaeologist. In the event that human remains are discovered,
construction activities shall be halted or diverted until the provisions of
§7050.5 of the Health and Safety Code and §5097.98 of the Public
Resources Code have been implemented. (DSD)
56. Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway improvements).
The Native American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that may be
considered sacred or important. In the event that evidence of human
remains is discovered, the Native American monitor shall verify that the
archaeologist has notified the Coroner. (DSD)
57. Final Geotechnical Evaluation. Priorto earthmoving activities for the project,
a registered civil engineer, geotechnical engineer, or equivalent, shall be
retained to perform a final geotechnical evaluation of the soils at a design-
level as required by the requirements of the California Building Code Title
24, Part 2, Chapter 18, Section 1803.1.1.2 related to expansive soils and
other soil conditions. The evaluation shall be prepared in accordance with
the standards and requirements outlined in California Building Code, Title
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
Page 15 of 18
24, Part 2, Chapter 16, Chapter 17, and Chapter 18, which addresses
structural design, tests and inspections, and soils and foundation standards.
The final geotech n ical evaluation shall include design recommendations to
ensure that soil conditions do not pose a threat to the health and safety of
people or structures and infrastructures, including threats from landslides,
unstable soils, expansive soils, or post-construction settlement. The grading
and improvement plans shall be designed in accordance with the
recommendations provided in the final geotech nical evaluation. (PW)
58 . MS4 Structural BMP Inspection. During construction the project applicant
shall have a registered civil engineer oversee the construction of all
structural BMPs on the site to ensure thatthe final construction is consistent
with the approved plans. The civil engineer must prepare and submit a
signed and stamped report that confirms the BMP has been constructed per
the plans, WQMP, and MS4 Permit requirements. The report shall
document the construction of the BMP(s) and confirm that it is functioning
properly prior to issuing occupancy permits. The report shall be approved
by the City Engineer prior to issuing occupancy permits. All costs for this
work shall be borne by the contractor/developer. (PW)
59 . SWPPP & NOi. The project applicant shall enforce the Storm Water
Pollution Prevention Plan (SWPPP) and maintain the site as well as provide
all required reports and submittals to the RWQCB in accordance with the
NPDES General Construction Permit requirements. The SWPPP shall be
designed to control pollutant discharges utilizing Best Management
Practices (BMPs) and technology to reduce erosion and sediments. BMPs
may consist of a wide variety of measures taken to reduce pollutants in
stormwater runoff from the project site. Measures shall include temporary
erosion control measures (such as silt fences, staked straw bales/wattles,
silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and
temporary revegetation or other ground cover) that will be employed to
control erosion from disturbed areas. Final selection of BMPs will be subject
to approval by the City of San Juan Capistrano and the RWQCB. The
SWPPP will be kept on site during construction activity and will be made
available upon requestto representatives of the RWQCB and City. (ENG)
Prior to release of utilities or a certificate of occupancy, complete the following:
60. Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release
of performance securities, whichever occurs first, the applicant shall
complete, to the satisfaction of the City Engineer, Building Official, or other
utility provider, all facility improvements required and necessary to serve the
Resolution # 22-08-24-03 Final Conditions of Approval
Date: August 24, 2022 Project# GPA 22-001, El Camino Specific Plan
61.
62.
63.
Page 16 of 18
development in accordance with the approved plan and approved
exceptions. In the case of a phased project, the provisions of this condition
shall be applied to each phase. (PW)
Final Plann ing Inspection. A minimum of one week prior to final inspection
by the Building and Safety Division, the applicant shall schedule a final
inspection by the Planning/Building Division, and shall pay any outs tan ding
balance in the Developer DepositAccountassigned to this application, and
sh all submit a copy of the project LID featu res/BMP structures or devices in
a GIS format so that they can be included in the City's stormwater
Treatment Control BMP (TCBMP) database. (DSD)
Plan Compliance. The project shall be constructed per the approved plans
(architecture, grading, landscape, etc.). Any variations shall be submitted to
the Development Services Department for review and approval. (DSD)
Completion of All Improvements to the City's Satisfaction. Prior to issuance
of a certificate of occupancy, the applicant shall complete, to the satisfaction
of the City Engineer all facility improvements required of this development
and necessary to serve the development, in accordance with the City
approved plan and exceptions. (PW)
The following conditions shall be met prior to acceptance of improvements,
release of bonds and/or surety and final utility clearances:
64.
65.
Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release
of performance securities, whichever occurs first, the applicant shall
complete, to the satisfaction of the City Engineer all facility improvements
required and necessary to serve the development in accordance with the
approved plan and approved exceptions. In the case of a phased project,
the provisions of this condition shall be applied to each phase. (PW)
Provide Record Mylars/Digital Format. Prior to acceptance of improvements
and release of performance securities, the applicant shall submit to the City
Engineer for review and obtain approval for the reproducible "As Built"
Duplicate Mylar Plans of all on-site and off-site improvement works
completed and accepted. Said plan shall be prepared by a Registered Civil
Engineer. Additionally, the applicant shall submit digital copies of all "As
Built'' plans, at no cost to the City, in accordance with the latest edition of
the City of San Juan Capistrano Digital Submission Standards. Applicant
shall provide all digital data in AutoCAD, or other format approved by City,
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
Final Conditions of Approval
Date: August 24, 2022
Pa e 17 of 18
using NAO 83, Zone 6. Data to be submitted shall include all utilities, dry
and wet, building footprints and treatment control BMP's. (PW)
66. _ Curb and Gutter Repair. Prior to acceptance of improvements and release
of performance securities, any existing sections of curb and gutter damaged
during construction may require to be repaired or replaced by the applicant,
depending on the condition of these improvements prior to and after
construction. (PW)
67. Installation of Landscaping. Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. The
developer shall provide a certification, from a licensed Landscape Architect,
stating that the landscape materials and irrigation system (tested for full
coverage) have been planted and installed in compliance with the approved
landscape plans. Additionally, all bicycle racks, pedestrian walkways,
seating, fencing, gates and other improvements shown on the Final
Landscape Plan shall be installed to the satisfaction of the Development
Services Department. (DSD)
68. Final Cultural Resource Reports. Prior to final inspection by the
Development Services Department, the applicant shall submit evidence that
final reports for any historical, cultural, archaeological or paleontological
resources recovered from the project site during grading or construction
have been filed with the appropriate information repository. Reports shall
include information on disposition of resources. (DSD)
69. Monumentation and Corner Records. Prior to acceptance of improvements
and release of performance securities, the applicant's surveyor shall set all
required monumentation and re-establish any damaged or destroyed
monumentation during construction. Monumentation , street centerline ties
and appropriate corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 of
the Business and Professions Code. (PW)
Responsible Department/Agencies:
B&S
SMWD
DSD
PW
= Building and Safety
= Santa Margarita Water District
= Development Services
= Public Works Engineering
ApplicantAcceptance of Conditions of Approval :
Resolution # 22-08-24-03
Project# GPA 22-001, El Camino Specific Plan
By:
Property Owner/Applicant
Final Conditions of Approval
Date: August 24, 2022
Page 18 of 18
Date