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PC Resolution-23-10-11-02PC RESOLUTION NO. 23-10-11-02 CONDITIONAL USE PERMIT (CUP) 23-005, TREE REMOVAL PERMIT (TRP) 23-022 AND ADMINISTRATIVE APPROVAL (AA) 23-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 23- 005, TREE REMOVAL PERMIT (TRP) 23-022 AND ADMINISTRATIVE APPROVAL (AA) 23-004 REQUEST TO CONVERT AN EXISTING TWO-STORY OFFICE BUILDING INTO A SEVEN-ROOM HOTEL AND MODIFICATIONS TO THE EXISTING PARKING LOT TO ADD A HOTEL COURTYARD, NEW TRASH ENCLOSURE, AND ENTRY GATES LOCATED AT 31631, 31661, AND 31681 CAMINO CAPISTRANO (APN 124- 181-01) AND FINDING THAT SAID ACTION 15 EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15332 and 15301 (APPLICANT: STUDIO 6 ARCHITECTS, ROB WILLIAMS) Whereas, Studio 6 Architects, 2753 Camino Capistrano, A-100, San Clemente, CA 92672 (the "Applicant"), has requested approval of Conditional Use Permit (CUP) 23-005, Tree Removal Permit (TRP) 23-022 and Administrative Approval (AA) 23- 004 to allow for the conversion of an existing two-story office building into a seven-room hotel and modifications to the existing parking lot to add a hotel courtyard, new trash enclosure, and entry gates located at 31631, 31661, and 31681 Camino Capistrano (APN 124-181-01) (the "Project"). The subject property, generally located west side of Camino Capistrano, approximately 285 feet north of Old Mission Road, has a General Plan Land Use Designation of General Commercial and a Zoning Designation of Town Center; and Whereas, Shadow Investments LLC / Spurgeon DTOC LLC is the owner of real property located at 31631, 31661, and 31681 Camino Capistrano (APN 124-181-01); and Whereas, the proposed Project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and Whereas, the City's Environmental Administrator has reviewed the Project and recommends that the Planning Commission find that the entire Project is categorically exempt from further review under Section 15332, In-Fill Development Project (Class 32) as well as Section 15301, Existing Facilities (Class 1 ). The entire Project is exempt under Section 15332 because the proposed hotel use and modification to the existing commercial center meets all required conditions for the exemption, further, the Project is exempt under 15301 because the Project would not result in an increase of more than 10,000 square feet; is located within an existing commercial center, where all public services and facilities are available; and is not environmentally sensitive. Therefore, the Project meets the criteria for the Class 32 and Class 1 categorical exemption; and Whereas, the Planning Commission has considered the Environmental Administrator's determination pursuant to Section 15051 of the California Environmental PC Resolution 23-10-11-02 2 October 11 , 2023 Quality Act (CEQA) and has considered all Project environmental documentation; and Whereas, the Planning Commission conducted a duly-noticed public hearing on October 11, 2023, pursuant to Title 9, Land Use Code, Section 9-2.302 of the San Juan Capistrano Municipal Code. 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 15332, In-Fill Development (Class 32). The entire project is exempt per Section 15332 because the project meets the following required conditions for Class 32: (1) project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; the project is consistent with the General Plan designation of General Commercial as it proposes a hotel use where it was determined the use could be permitted with consideration of a Conditional Use Permit and includes related accessory structures, including walls, walkway arches, and landscaping which is consistence with the development requirements in Title 9 of the Municipal Code and the Town Center zone; (2) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project is located in the City of San Juan Capistrano on a site that is less than five acres (1.03 acres) and is substantially surrounded by urban uses, including the , other single-family residential homes, and a community park; (3) The project site has no value, as habitat for endangered, rare or threatened species; the site is substantially surrounded by developed lots with commercial offices, restaurants, and the San Juan Capistrano Mission, it has previously been improved with three commercial buildings which will be maintained with the development and as it has previously been developed with a commercial center, including ornamental landscape, including three sycamores, a Brazilian Pepper, a Eugenia, a Queen Palm, and a Bracychiton, which has no value as habitat for endangered, rare or threatened species, nor are identified as heritage trees which need to be preserved under the City's Tree Removal Permit Code; (4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; the project proposes converting an existing commercial office building into a seven unit hotel, related accessory structures including replacing trash enclosures, walls, fences, decorative pedestrian entries, and removal and replacement of the center's ornamental landscape; the proposed use will reduce the parking demand for the site, and the reconfiguration of the parking lot allows for the inclusion of area which will allow for vehicles to turn around at the end of the parking lot, relieving the current configuration which requires vehicles to reverse from the end of the parking lot when no parking is available; further, the courtyard use has been conditioned to cease amenity use by 10:00 p.m. to ensure the hotel guests PC Resolution 23-10-11-02 3 October 11 , 2023 do not create any disturbance to surrounding properties; (5) The site can be adequately served by all required utilities and public services; the site is currently adequately served by all required utilities and public services and the use or site improvements have been reviewed by utility providers, and emergency services providers and have been determined to not increase the demand for the service to the site. Further, none of the exceptions to the categorical exemptions apply. More specifically, there is no reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project is conditioned to ensure geotechnical control, hydrology control, and erosion control. The City's Environmental Administrator has further determined that the project is additionally categorically exempt further environmental review under Section 15301, Existing Facilities (Class 1 ). The Class 1 exemption allows for "the operation ... permitting, leasing, or minor alteration of existing ... facilities involving negligible or no expansion of ... use." This exemption allows for "(e) Additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet if: (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (8) The area in which the project is located is not environmentally sensitive" (Cal. Code Regs. tit. 14 § 15301(e).) As aforementioned, the project would permit a commercial hotel to operate within an existing commercial office building. The hotel would not result in an increase in commercial space of more than 10,000 square feet; is located within a commercial center where all public services and facilities are available; and is not environmentally sensitive. Therefore, the project meets the criteria for the Class 1 (e) categorical exemption. The City has also considered whether the Project is subject to any of the six (6) exceptions that would prohibit the use of a categorical exemption as set forth in State CEQA Guidelines Section 15300.2, as follows: a. Location exception only applies to Class 3, 4, 5, 6 and 11 exemptions, none of which are being utilized here; b. There is no possibility of a cumulative impact of the same type of project in the same place over time. The project involves the establishment of a seven-room commercial hotel within an existing and fully operational commercial center. The likelihood of a successive project on this site is low and probability of a cumulative impact is low; c. The project is not marked by unusual circumstances. There is nothing unusual about the establishment of a seven-room hotel within an existing commercial facility. Further, a parking analysis ensures that the parking needs of the hotel in addition to each of the existing land uses occupying the site will continue to be met. d. The project would not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway since the operation would occur PC Resolution 23-10-11-02 4 October 11 , 2023 on a previously developed commercial center which is not listed as a historic resource; e. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code; and f. The project would not cause a substantial adverse change in the significance of a historical resource. The Planning Commission hereby directs staff to prepare and execute, for filing with the Orange County Clerk, a Notice of Exemption within five (5) working days of Project's approval and adoption of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve Conditional Use Permit (CUP) 23-005, as conditioned by those conditions of approval established by Exhibit A, attached hereto and incorporated herein by this reference (the "Conditions of Approval"), based on the following findings for the proposed establishment of a seven room-hotel use as established by Subsection (d) of Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano: (1) The proposed use and design are consistent with the maps and policies of the General Plan, specifically the Community Design Element because the proposed location of the hotel is within the Town Center District, and because the hotel complies with the Architectural Style Standards of the Town Center District requirements by not modifying the existing Spanish Colonial design, and tying in all site improvements with the existing architecture, which is specifically allowed under the Mediterranean Revival style standards. The site walls and improvements for the hotel include numerous design features that reflect the desired level of architectural detail, including trellises, textured stucco walls, and wrought-iron detail which are typical of the essential building elements found on a Spanish Colonial structure. Furthermore, the project will be 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 proposed Project has a well-balanced pedestrian orientation and human scale as highlighted by the enhanced pedestrian pathways on the north side of the project. Enhanced paving at the entrance and landscaping along the perimeter of the project also provide visual interest for pedestrians and guests alike. The Project provides architectural features such trellises, wrought-iron fences and details, and brick work that provide for architectural articulation that break-up the building mass. PC Resolution 23-10-11-02 5 October 11, 2023 Community Design Goal 2: Policy 2.1: "Encourage development which complements the City's traditional, historic character through site design, architecture, and landscaping". The proposed Project incorporates styles, colors, and materials from the existing commercial center building. The textured stucco finish helps to complement the use of exposed wood beam trellises and wrought iron details. Landscaping is provided along the perimeter of the buildings and along the interior courtyard; (2) The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and the site is not located within any applicable specific plan or comprehensive development plan. The hotel is listed within the Town Center zone as a conditional use and is subject to the standards of the code, namely that it meets certain numeric standards in the code, including maximum fence heights, setbacks, and parking standards. Staff has determined that the proposed hotel meets these numeric standards; (3) The site for the proposed 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 1.03-acre site is adequate for the existing hotel and restaurant buildings and the required 44 parking spaces (48 provided). Proposed improvements to the public right-of-way and adjacent City-owned property include decorative pavers, enhanced walls, landscape, and a fire accessible back-flow device. A fire master plan and trash receptacle access and maneuvering plan have been provided and reviewed by both Orange County Fire Authority and CR&R, which required no changes to the preliminary plans. Trash receptacle enclosures are to be placed in locations which are screened from the public right-of-way and meet all necessary waste and water quality requirements. Fences and walls have been scaled appropriately and will not exceed the maximum heights or setbacks established by zone; ( 4) The proposed use and the on-going operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards, because as conditioned the commercial seven-room hotel use within an existing commercial office building and parking lot would create no new significant impacts to the PC Resolution 23-10-11-02 6 October 11 , 2023 site. The proposed hotel and site improvement project represent a reduction in the use from a commercial office building, which included medical office, professional office, retail, and service uses. The hotel use is not anticipated to generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards due to the nature of its uses and due to the fact that the Town Center anticipated the uses within the zoning district; and (5) The site for the proposed use has adequate access and parking to support the use because the parking requirement for the site has been established by the San Juan Capistrano Municipal Code Section 9- 3.535 Parking, which requires a certain amount of parking based on the intended use of the site. In this case, based on the total square footage of the property and based the uses anticipated for the project, a total of 44 parking spaces are required, and 48 parking spaces have been provided. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve Tree Removal Permit (TRP) 23-022, as conditioned by the Conditions of Approval, based on the following findings for the proposed removal of seven trees as established by Subsection (e)(5) of Section 9-2.349, Tree Removal Permit of Title 9, Land Use Code of the City of San Juan Capistrano: (1) Replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area. Specifically, thirty replacement trees have been proposed to maintain the urban forest canopy and the replacement trees are more appropriate to the site and to the planting area because the proposed trees are all considered to be "California friendly" species which are replacing the removed trees at a little over a 4:1 ratio. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby approve Administrative Approval (AA) 23-004, as conditioned by the Conditions of Approval, based on: (A). The following findings for the proposed modifications to the previously approved commercial center and buildings as established by Subsection (a)(4) of Section 9-2.303, Administrative Approval of Title 9, Land Use Code of the City of San Juan Capistrano: (1) The proposed Project does not change the use, intensity, or density of the existing commercial center because the addition of windows on a commercial building, replacing existing trash enclosures with new enclosures, and modifying the site plan's parking and fencing are exterior modification within the grounds of an existing and approved site PC Resolution 23-10-11-02 7 October 11 , 2023 and do not change of commercial use intensity, or density of the Project building or property; (2) The proposed Project does not result in new or additional environmental impacts pursuant to CEQA because it is exempt from environmental review per Section 15332, Class 32, In-Fill Development and per Section 15301, Class 1, Existing Facilities. Consequently, staff finds that no additional environmental analysis is necessary to meet the requirements of the CEQA; (3) The Project does not deviate from applicable Code requirements because the proposed modifications to the site are consistent with the Land Use Code and comply with all necessary development standards established by the Town Center (TC) District; and, (4) The Project is consistent with the City's design guidelines and the character of the existing development with respect to architectural style, colors, materials, massing, scale, landscaping, lighting, and other design features because the design of the proposed windows, walls, and trash enclosures would complement the existing buildings within the commercial center structure and other accessory structures which exist onsite; and (8). The following findings for the proposed site fencing as established by Subsection (e) of Section 9-3.517, Fences, walls, and hedges and Town Center standards within section 9-3.554(e)(5) of Title 9, Land Use Code of the City of San Juan Capistrano: (1) The proposed walls and fences are not located where the building frontage is required and are placed to enhance site and existing walls on the site. The fences and walls where proposed or increased in height would not block the view of the existing buildings but would ensure screening for hotel guests and mechanical equipment. (2) Low 36" tall fences are proposed on the site to delineate between restaurant uses and general public access ways. (3) Screening including landscaping, fencing, and walls are proposed to screen service areas, storage areas, mechanical areas, and garbage areas from public rights-of-way. (4) Solid walls up to 96" (8') in height are proposed for screening of the trash enclosure and ground mounted mechanical equipment, and to provide privacy from the adjacent properties' parking lots. Non-solid fencing which exceeds 96" consists of 9' tall decorative wrought iron fencing along the south boundary, a 14' 5" tall archway entrance, with wrought PC Resolution 23-10-11-02 8 October 11 , 2023 iron gates, proposed for the courtyard, and two 9' -1 O" tall trellised pedestrian entry ways. (5) No chain link fencing is proposed with the Project. 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. EFFECTIVE DATE & FINAL APPROVAL: These Project approvals shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire at 5:30 pm, Thursday, October 26, 2023. These Project approvals shall be valid for a period of two years from the approval date and shall expire if the conditional use is not established at the approved location, unless a time extension request is submitted, and subsequently, granted by the Zoning Administrator. 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. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission of the City of San Juan Capistrano hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 11 th day of October 2023. Joel Plan ent ervices Director and ..._._,_uretary EXHIBIT A PC RESOLUTION NO. 23-10-11-02 CONDITIONS OF APPROVAL Project#: Conditional Use Permit (CUP) 23-003 Tree Removal Permit (TRP) 23-022 Administrative Approval (AA) 23-004 Project Name: Mission Hacienda Inn These conditions of approval apply to the above-referenced project application. For the purpose of these conditions, the term "applicant" shall also mean ·the developer, the owner or any successor( s) in interest to the terms of this approval. General Conditions: 1. The above referenced entitlement approvals are granted for the conversion an existing two-story office building into a seven-room hotel and modifications to the existing parking lot to add a hotel courtyard, new trash enclosure, and entry gates located at 31631, 31661, and 31681 Camino Capistrano (APN 124-181-01). This approval is granted based on the application materials submitted by Studio 6 Architects, including development plans submitted on September 19, 2023. 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 project/plans and which do not intensify or change the use or require any deviations from City Code, may be approved by the Development Services Director. Major modifications to this approval which are determined by the Development Services Director to not be in substantial conformance with the approved plans, require submittal of updated application materials and the required application deposit. This Project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal application. If not appealed, this project approval shall be valid for a period of 2 years from the effective date of approval of this resolution, and shall expire on October 27, 2024, unless a time extension request or Business License related to this discretionary approval is issued by the City prior to that date in accordance with the applicable provisions of the Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County, and City regulations or requirements. Resolution 23-10-11-02 Mission Hacienda Inn Page 2 Conditions of Approval October 11, 2023 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 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 within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 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. 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. Resolution 23-10-11-02 Mission Hacienda Inn Page 3 Conditions of Approval October 11, 2023 Construction activity is prohibited on Sundays and on any federal holiday unless waived by the Building Official for extenuating reasons. 10. Sign Plan. At the time the above entitlements were conditionally approved, the applicant had not prepared or submitted a sign plan for review and approval. Prior to issuance of any sign permit or sign program, the applicant shall submit to the Development Services Department final sign plans to ensure the proposed signage is compatible with the City's General Plan, Development Code, Architectural Design Guidelines, Form Based Code and the vision established by the Historic Town Center Master Plan. (DSD). The Planning Commission shall have the authority to approve or deny the sign plans at a public hearing noticed pursuant to Section 9-2.302(f). The Planning Director may forward the sign plans to various City boards and commissions including without limitation a Planning Commission Ad-hoc Committee for review and recommendation. If other conditions of approval are found to be inconsistent, the conditions of approval requiring Planning Commission approval shall prevail. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S): Public Works: 11 . Street Improvement Plans. Prior to issuance of building permits, the applicant shall submit to the Public Works Department for review and obtain approval for Street Improvement Plans for all proposed street frontage improvements proposed within Mission Street and Camino Capistrano, including the following: a. Wall and fence plans b. Line of sight plan, including visibility triangle c. Landscape d. Decorative pavers 12. City Land Improvement Plans. Prior to issuance of building permits, the applicant shall submit to the Public Works Department for review and obtain approval for City Land Improvement Plans for all proposed improvements City land APN 124-181-02: a. Wall and fence plans b. Landscape c. Orange County Fire Authority Backflow Prevention Device 13. Submit electronic and hard copies of all applicable documents listed on the "Plan Check Submittal Requirements" form located at the Building and Resolution 23-10-11-02 Mission Hacienda Inn Page 4 Conditions of Approval October 11, 2023 Planning Counter. This includes and is not limited to: Grading plans that include cross sections to show all existing structures on and/or abutting properties within twenty-five (25) feet of property lines or limit of work, applicable utility plans, Final WQMP (Or WQMP Checklist), Hydrology and Hydraulic analyses/report (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 100-year storm events.), retaining wall calculations, a Storm Water Pollution Prevention Plan (SWPPP) to mitigate erosion and sediment form leaving the site during 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. 14. 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 100-year storm events. Accommodate run-on from adjacent areas when applicable. 15. Utilize City Standard sheet layout (including size) and Standard Notes, as applicable. 16. Incorporate line of sight into traffic analysis at egress locations. 17. Dry Utilities (Electric, Telephone, Cable TV, Gas). Prior to permit issuance, the applicant shall submit to the City Engineer for review, and shall obtain approval of, Electrical, Gas, Telephone and Cable Television installation plans to ensure compatibility with existing and proposed improvements. All utility facilities 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 prior City Engineer review and approval. 18. Provide engineer cost estimate for grading, drainage, and erosion/sediment control BMPs. 19. An Encroachment Permit is required for work and construction-related activities in the public right-of-way. These include utility connections, truck hauling, traffic control, site ingress and egress, hours of operation in the right-of-way, street cleaning, etc. 20. 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. Resolution 23-1 0-11-02 Mission Hacienda Inn Page 5 21 . Submit grading surety agreement and security. Conditions of Approval October 11, 2023 22 . Submit signed Mylars of plan set for City Engineer's signature. Five (5) hard copies of the plans will be required after Mylars are signed. 23. If applicable, applicant shall obtain off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e. slopes, street improvements, walls, drainage, etc.). The applicant shall bear all costs for obtaining said easements. If said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary as approved by the City. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. 24. Applicant shall pay all applicable fees including but not limited to building permits, encroachment permit, grading permit, utility connections, development impact fees, Capistrano Circulation Fee Program. Building: 25. Conversion of office building to hotel building will require building review as a new building construction. 26. Accessibility requirements for a new hotel building shall be clearly identified throughout the plans. Orange County Fire Au tho rity (OCFA): 27. Prior to the issuance of a building permit, the applicant shall satisfy all OCFA requirements and submit approval from OCFA of architectural plans. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY CERTIFICATE(S) OF OCCUPANCY: 28. A letter from the Landscape Architect shall be provided confirming that all landscape has been installed in accordance with the approved plans. THE FOLLOWING CONDITIONS SHALL BE SATISFIED AT ALL TIMES: 29. Any activity outside the normal operational plan as described in the staff report and applicant's letter of intent shall be subject to Section 9-3.547 Special activities requiring the applicant to submit an application at least 14 days prior to the scheduled activity. Resolution 23-1 0-11-02 Mission Hacienda Inn Page 6 Conditions of Approval October 11, 2023 30. The site shall not be rented, leased, subleased, or otherwise occupied for purposes not specified by the applicant of this CUP application. 31. Any updates to the site or building which may be required by the Building Code shall use materials consistent with the approved site plan. 32. The operators shall ensure that no illegal activity occurs on the premises. 33. The hotel room rentals shall be for minimum of 24-hour stays. 34. The hotel courtyard shall be closed to use before dusk and after 11 :00 PM daily.