PC Resolution-24-07-10-03PC RESOLUTION NO. 24-07-10-03
Architectural Control (AC) 23-008, Grading Plan Modification (GPM) 23-020, Tree
Removal Permit (TRP) 23-024 & Tentative Tract Map (TTM) 23-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE ARCHITECTURAL CONTROL (AC) 23-008, GRADING PLAN
MODIFICATION (GPM) 23-020, TREE REMOVAL PERMIT (TRP) 23-024 &
TENTATIVE TRACT MAP (TTM) 23-002 FOR THE CAMINO TWELVE RESIDENTIAL
PROJECT LOCATED AT 25642 CAMINO DEL AVION (APN: 668-491-32) AND FIND
SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15332
WHEREAS, 25642 CDA, LLC (the "Applicant") is proposing the Camino
Twelve ("Project"), a .61-acre residential project at 25642 Camino Del Avian (APN: 668-
491-32) ("Project Site"). The Project entitlements required for the Project include, among
other approvals, Architectural Control (AC) 23-008, Grading Plan Modification (GPM) 23-
020, Tree Removal Permit (TRP) 23-024, and Tentative Tract Map (TTM) 23-002 to
develop a 12-unit residential community; and
WHEREAS, the Project Site is designated High Density Residential and
Zoned Planned Residential Development; and
Whereas, The Applicant is the owner of the Project Site; and
WHEREAS, Land Use Code Section 9-4.203 requires a tentative tract map
for all subdivisions creating five or more lots. The proposed map entails subdividing the
.61-acre site into a twelve unit condominium plan with shared common areas; and
WHEREAS, before the City Council may approve a tentative tract map, it
must make the findings set forth in Land Use Code Section 9-4.223; and
WHEREAS, the Planning Commission has authority to review and make
recommendations to the City Council regarding approval of tentative tract maps; and
WHEREAS, pursuant to Section 21067 of the Public Resources Code, and,
Section 15367 of the California Environmental Quality Act ("CEQA") Guidelines (Cal.
Code Regs., tit. 14, § 15000 et seq.), the City of San Juan Capistrano is the lead agency
for the proposed Project; and
WHEREAS, the City's Environmental Administrator has determined that the
Project is categorically exempt from CEQA pursuant to State CEQA Guidelines, Section
15332, In-Fill Development Projects (Class 32); and
WHEREAS, as a procedural matter, the Planning Commission would
normally be the reviewing body and take final action on the Grading Plan Modification
PC Resolution 24-07-10-03 2 July 10, 2024
and Administrative Approval applications. However, since Municipal Code Section 9-
2.318 (c)(4) requires the Planning Commission to provide a recommendation for final
action on the Floodplain Land Use Permit to the City Council, staff is presenting all the
requested entitlements together as a single package for Planning Commission review and
recommendation for approval by the City Council, in accordance with Municipal Code
Section 9-2.301 U)(1 ), which authorizes referral of a request for a land use decision to the
reviewing authority designated as the appeal body for that type of land use application;
and
WHEREAS, on June 27, 2024, the City gave notice of the Planning
Commission's public hearing by advertisement in a newspaper of general circulation; and
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on July 10, 2024, to consider the proposed Project and its environmental findings,
and all evidence presented before and during the hearing and contained in the
administrative record, and afforded members of the public an opportunity to comment
upon the proposed Project and the CEQA; and
WHEREAS, the Planning Commission has carefully considered the
application, all the information submitted by the Applicant, the public, and city staff in
connection with the Project, including the agenda report prepared by staff for these and
other Project approvals; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the recitals above are
incorporated herein by reference as findings of the Planning Commission.
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 CEQA per the Class 32 (In-Fill Development Projects) categorical
exemption set forth in State CEQA Guidelines section 15332 because (1) the Project
constitutes in-fill development; (2) 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; the Project is consistent with the San Juan Capistrano
General Plan and Title 9 of the San Juan Capistrano Municipal Code ("Municipal Code"),
Land Use; (3) The Project occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses. The Project is located at 25642 Camino
Del Avian in the City of San Juan Capistrano, consists of 0.61 acres, and is surrounded
by developed Planned Residential Development to the east and south, Public &
Institutional to the north, Residential Single-Family (RS) 7,000 to the northwest, and RSF
4 & PRO 22 (Dana Point zoning) to the west; (4) The Biological Due Diligence
Investigation, which was reviewed and accepted by the City's third party CEQA review
consultant Sagecrest Planning ("Sagecrest"), identifies that the project site has no value,
as a habitat for endangered, rare, or threatened species ; the Project site has already
been developed and currently has a single-family residence on the parcel and therefore
PC Resolution 24-07-10-03 3 July 10, 2024
is not a habitat for endangered, rare, or threatened species; (5) 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, noise, air quality, and water quality, including the
following: a Trip Generation and Vehicle Miles Traveled Screening Analysis accepted by
the City Traffic Engineer, a line of site exhibit accepted by the City Traffic Engineer, a
Project Noise Technical Memorandum accepted by Sagecrest, a Project Air Quality and
Greenhouse Gas Emissions Technical Memorandum accepted by Sagecrest, and the
Preliminary Water Quality Management Plan accepted by the Public Works Department
third party engineer WSP; and (6) 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, garbage, water, and sewer and therefore will remain
adequately serviced. The water and sewer service has been demonstrated through
conditions of approval from Santa Margarita Water District and electrical and trash service
has been demonstrated through will serve letters from each service provider.
In addition, none of the exceptions to the categorical exemption as set forth in State CEQA
Guidelines Section 15300.2 applies: there is no possibility of a cumulative impact of the
same type of project in the same place over time. The Project proposes to develop twelve
townhome residential units, of which one will be made affordable to a lower income
household, on a 0.61-acre site. There is not foreseeable successive project at this site
and there is no possibility of a cumulative impact from this same type of project in this
area over time; the Project Site is not located within, or visible from, a State Scenic
Highway, and the Project will thus not result in damage to scenic resources within a state
scenic highway. Nor is the Project Site located on a site that is included on any list
compiled pursuant to Section 65962.5 of the Government Code. Finally, the Project
would not cause a substantial adverse change in the significance of a historical resource.
The site is located outside of the General Plan's Boundary of Prehistoric and Historic
Archeological Resources, which identifies areas of the City which have been assessed to
likely to contain historic resources. In addition, the existing residence, built in 1962, is not
listed on a local, state or federal register of historic buildings.
The Planning Commission hereby directs staff to prepare, execute and file with the
Orange County Clerk and the State Clearinghouse 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 make the following findings
as established by Section 9-3.505, Affordable Housing Requirements, of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The proposed project is entitled to an increase in density, one concession, and
waivers to development standards under the state density bonus program because
10% of the units will be restricted to households earning a low income, qualifying the
development for up to 20% increase in density, one concession, and waivers to any
development standard which would preclude the development from being built at the
density allowed under the state density bonus laws.
PC Resolution 24-07-10-03 4 July 10, 2024
2. The proposed project is entitled to waivers to development standards under the state
density bonus program because a site analysis with all Planned Residential
Development district development standards applied, demonstrates that the
development would result in a loss of four units.
3. The project applicant requests one concession to the City's Policy regarding prohibited
third stories when the code has no third story standards. The Planned Residential
Development zone provides setback standards for one story and two-story units, but
is silent on third story units, which would otherwise be determined to be unpermitted.
4. The project applicant requests two waivers: 1) Minimum 1 O' -0" separation between
buildings and project boundary where 30'-0" is required; and 2) 16'-6" setback from a
public street (Del Obispo Street) where 20'-0' is required.
5. The one concession and two waivers would a direct cost reduction to proposed the
development, will not have an adverse impact on public health and safety, and will not
be contrary to state or federal law.
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 9-3.505(e), Affordable Housing Requirements, of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The project is consistent with the Land Use Element, including Land Use Goal 2 of the
General Plan, which directs the City to "control and direct future growth within the City
to preserve the rural village like character of the community". Policy 2.2 of Land Use
Plan Goal 2 further states that the City will "assure that new development is consistent
and compatible with the existing character of the City". As the City of San Juan
Capistrano is almost entirely built out, the proposed 12-unit residential community
development uses a site identified in the General Plan for High Density residential with
two townhome structures which are generally compatible with the neighboring
developments and uses. Neighboring residential developments include the Parkside
Place neighborhood, a neighborhood with a High Density land use developed with 39
single family residences at a density of 9.1 dwelling units per acre, located to the east
and south of the property. Redeveloping the single family residential lot ensures a
development consistent with the High Density Land Use and ensures other more
appropriate open space lands remain undisturbed and preserve the predominantly
rural village-like character of the City while adding housing stock for the City.
2. Detached and attached single-family residences, manufactured residences, duplexes,
and multi-family apartments or townhomes are permitted within the Planned
Residential Development (PRO) zoning district. The proposed project would establish
a 12-unit residential community and has been designed to meet all applicable
development standards and provisions of Title 9 of the San Juan Capistrano Municipal
code including lot coverages, setbacks, height requirements, use regulations, and
affordable housing requirements which allow for concessions and waivers to
standards such as setbacks, height, and parking requirements. Furthermore, the
PC Resolution 24-07-10-03 5 July 10, 2024
project requires approval of a Grading Plan Modification, Tree Removal Permit, and
Tentative Tract Map concurrently with the architectural control application, and the
applicant has concurrently applied for these entitlements. These permits are subject
to separate findings which are discussed separately under each permit application.
The findings for the other permits can be met and substantial evidence supports those
findings.
3. The project has been analyzed for environmental impacts and found to be exempt
from California Environmental Quality Act, as the project is a redevelopment of an
existing site, infilling an underdeveloped property. Studies and analysists have been
completed to confirm that the project site has no value as habitat for endangered, rare,
or threatened species, and the project will not create adverse impacts to traffic, noise,
air quality, or water quality.
4. The project includes a condition of approval that Affordability Covenants restricting
one unit to be made available to a low income household for a period of thirty years,
which will be recorded against the property prior to finalizing the Final Tract Map.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report and all the evidence that was presented in connection
with this Project, the Planning Commission of the City of San Juan Capistrano does
hereby make the following findings as required by Subsection (c) of Section 9-2.313
Architectural Control Review of Title 9, Land Use Code of the City of San Juan Capistrano:
1. Detached and attached single-family residences, manufactured residences, duplexes,
and multi-family apartments or townhomes are permitted within the Planned
Residential Development (PRO) zoning district. The proposed Project would establish
a 12-unit residential community and has been designed to meet all applicable
development standards and provisions of Title 9 of the San Juan Capistrano Municipal
code including lot coverages, setbacks, height requirements, use regulations, and
affordable housing requirements which allow for concessions and waivers to
standards such as setbacks, height, and parking requirements. Furthermore, the
Project requires approval of a Grading Plan Modification, Tree Removal Permit, and
Tentative Tract Map concurrently with the architectural control application, and the
applicant has concurrently applied for these entitlements. These permits are subject
to separate findings which are discussed separately under each permit application.
The findings for the other permits can be met and substantial evidence supports those
findings.
2. The Project is consistent with the Land Use Element, including Land Use Goal 2 of
the General Plan, which directs the City to "control and direct future growth within the
City to preserve the rural village like character of the community". Policy 2.2 of Land
Use Plan Goal 2 further states that the City will "assure that new development is
consistent and compatible with the existing character of the City". As the City of San
Juan Capistrano is almost entirely built out, the proposed 12-unit residential
community development uses a site identified in the General Plan for High Density
residential with two townhome structures which are generally compatible with the
PC Resolution 24-07-10-03 6 July 10, 2024
neighboring developments and uses. Neighboring residential developments include
the Parkside Place neighborhood, a neighborhood with a High Density land use
developed with 39 single family residences at a density of 9.1 dwelling units per acre,
located to the east and south of the property. Redeveloping the single family
residential lot ensures a development consistent with the High Density Land Use and
ensures other more appropriate open space lands remain undisturbed and preserve
the predominantly rural village-like character of the City while adding housing stock
for the City.
In addition, the proposed residential buildings are consistent with the Goals and
Policies of the Community Design Element. The project is consistent with Policy 1.2
because the residential buildings have been designed with high-quality materials and
at a human scale, with resident-oriented recreational space and entryways. The
buildings are consistent with Policy 2.1 because the proposed buildings incorporate
Coastal Farmhouse architecture, and California native landscape features which
complements the City's traditional historic character.
Furthermore, the Project is consistent with Policy 2.9 and Program 14 of the Housing
Element, because the project would provide one unit for lower income households
abiding by the City's lnclusionary Requirement opposed to paying an in-lieu fee, and
the project is pursuing a state Density Bonus of up to 20% in addition to the allowed
concessions and two waivers to development standards as an incentive to
development of affordable housing.
3. The Project site is adequate to provide common and private yards and open spaces,
and the required building separation and maximum unit count per building allowed
under the Planned Residential Development zoning, the development density,
setbacks, three story structures, and parking are compliant with the allowances
permitted under the State density bonus laws when providing 10% of the development
as affordable housing. The setbacks from the western, southern, and eastern
boundaries, as well as the setback from Del Obispo street are proposed to be reduced,
which is a part of the Applicant's waiver request. The Applicant has provided 27
parking stalls, three more than what is required by the state Density Bonus Laws. The
proposed development is entitled to concessions from the City's prohibition of third
stories as the code is silent on the standards for the third floor, allowing the
development to consist of two three-story buildings. The development incorporates
appropriate vehicular access, including 24'-wide drive aisles from Camino Del Avian
and a 26'-wide central driveway.
4. The Project's character, scale and quality of the architecture, site design and
landscaping are consistent with the adopted Design Guidelines of the City because
the Project incorporates materials and colors consistent with the approved
architecture on properties surrounding the site along Del Obispo and Camino Del
Avian and similar residential uses located within the City of San Juan Capistrano.
Furthermore, the City's Design Review Committee has reviewed the design of the
proposed building, site design, and landscaping and recommended approval.
PC Resolution 24-07-10-03 7 July 10, 2024
5. The Project's site plan provides functional and safe vehicular and pedestrian access
and circulation because the project is accessible from the public right-of-way into the
site and provides safe vehicular access. These proposed means of access have been
reviewed by the City's Traffic Engineer who determined that the new use, existing
access, and proposed central would not have a negative impact to vehicular traffic on
Camino Del Avian.
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 throughout
San Juan Capistrano, and are similar to the architecture and materials of the buildings
on adjacent parcels, and is developed under allowances provided under the
established High Density land use designation. Finally, the architectural design,
landscape, and proposed development features were reviewed by the Design Review
Committee, which recommended approval of the designs.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report and all the evidence that was presented in connection
with this Project, the Planning Commission of the City of San Juan Capistrano does
hereby make the following findings as required by Subsection (f) of Section 9-2.323
Grading Plan Review and Modification of Title 9, Land Use Code of the City of San Juan
Capistrano:
1. The proposed grading modifications are consistent with the General Plan, Land Use
Code and Design Guidelines, because the project allows for the development of a use
which is permitted by the General Plan and Land Use Code on the property and the
grading is proposed in locations which ensure a structure can be built which meets all
required development standards established by the Planned Residential Development
or qualifies for concessions and waivers to the standards due to provision of affordable
housing. While the existing topography needs to be modified in order to facilitate
development, the proposed final grade maintain as much of the existing topography
as possible, including no changes to the southern or eastern boundary walls.
Additionally, the exposed walls due to retaining will be no taller than 5' and be
screened by proposed wall landscaping.
2. The proposed grading modifications are generally consistent with the approved site
plan, preliminary grading plan, grading standards, and design concepts of the original
industrial single family residence previously approved for the site in 1962. The
proposed design is consistent because the development is primarily maintaining the
existing site topography. The only changes being to expand the developable area
toward Del Obispo Street and the northwest corner of the property through new
retaining walls and leveling central areas of the site so that the proposed building have
a more gradual change in grade.
3. The proposed grading will remain consistent and compatible with immediately
adjacent lots. Grading which takes place adjacent to property lines is proposed to tie
in directly to the adjacent properties, by creating retaining walls inside the property
PC Resolution 24-07-1 0-03 8 July 10, 2024
boundaries and gradually changing the grades immediately adjacent to the north and
west property lines so that minimal visual grade changes would occur, and maintaining
in place existing retaining walls on the south and east boundaries so that the new
development does not impact the adjacent properties.
4. The proposed grading plan shows the location of all proposed building footprints which
meet the required minimum setbacks for structures within the Planned Residential
Development zone, or qualify for a waiver to the standard.
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development because the proposed grading is subject
to Plan Check review by the City's Engineering Division to ensure that grading will not
result in any negative impacts to hydrology, water quality as required by local and state
laws. Prior to issuance of grading or building permit, the applicant must demonstrate
to the satisfaction of the Public Works Director that the proposed grading will not result
in any negative impacts to hydrology, and water quality as required by local and state
laws. Additionally, the grading modifications do not impact views or trail easements
because the changes include a cut to the existing grades reducing the building pad
heights and the grade's potential to impact views. The only area which is proposed to
include fill is immediately adjacent to Del Obispo Street and would support the
residential entryways. The fill is proposed to gradually increase as it gets further from
Del Obispo Street making an approximate 6' grade increase 1 O' from the property line.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report and all the evidence that was presented in connection
with this Project, the Planning Commission of the City of San Juan Capistrano does
hereby make the following findings as required by Subsection (e) of Section 9-2.349 Tree
Removal Permit of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The removal of the trees will not have an adverse impact on the adjacent properties
or the general welfare since the project proposes to replace the trees at a 1 :1 ratio,
ensuring the established tree canopy within the city remains intact. Further, all
replaced trees are proposed to be 36" box trees which will take less time to mature.
Such replacements will not adversely impact views, public streetscapes, and
aesthetics of the site.
2. Although the development proposal and grading of the site for new buildings requires
the removal of 18 trees on the site, the Applicant has proposed to install 22 new trees
throughout the site as replacements. The five jacaranda trees and one Camphor tree
which are proposed to be removed from the Del Obispo frontage will be replaced with
four Yucca Aloifolia trees, three Arbutus 'Marina' trees, one pepper tree, and one
California sycamore tree. The three Liquid Amber trees and one Valley Oak tree which
are proposed to be removed from the Camino Del Avion frontage are proposed to be
replaced with three Desert Willow trees. Finally, the eight Strawberry trees proposed
to be removed from the internal site are proposed to be replaced with one Pepper
tree, one California sycamore tree, four Brisbane Box trees, and four Kanooka trees.
In time, the replacement trees will replace the current urban forest canopy.
PC Resolution 24-07-10-03 9 July 10, 2024
NOW, THEREFORE, BE IT FURTHER RESOLVED, that, after careful
consideration of the agenda report, including its detailed discussion of these findings, and
all the other evidence that was presented in connection with this Project, the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as required by Section 9-4.223, Findings for approval of tentative maps, of Title 9, Land
Use Code of the City of San Juan Capistrano:
1. The proposed map is consistent with the General Plan and the applicable specific plan
and comprehensive development plan because the land uses proposed are allowed
within the Planned Residential Development (PRD) zoning, and under the current
General Plan land use designation of High Density residential, and the Project is
consistent with the PRD and General Plan goals, policies, and standards as discussed
above in connection with the Planning Commission's approvals for the Project.
Additionally, the project is not located within a specific plan area; and,
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and the applicable comprehensive development plan because the
proposed subdivision has been designed to accommodate the Project, and the Project
design itself is consistent with those policy and regulatory documents, The proposed
Project would establish a 12-unit residential community and has been designed to
meet all applicable development standards and provisions of Title 9 of the San Juan
Capistrano Municipal Code including setbacks, use regulations, and affordable
housing requirements which allow for concessions and waivers to standards such as
setbacks and parking requirements. Furthermore, the Project's character, scale and
quality of the architecture, site design and landscaping are consistent with the adopted
Design Guidelines of the City because the Project incorporates materials and colors
consistent with the approved structures on properties surrounding the site along Del
Obispo Street and Camino Del Avian and similar residential uses located within the
City of San Juan Capistrano; and,
3. The site is physically suitable for the type of development because State Density
Bonus Laws and the General Plan land use designation would allow for the residential
development with a density of up to 21.6 dwelling units/acre and the applicant is
proposing to develop the parcel with a density of 19.67 dwelling units/acre. The Project
is an infill, previously graded site, with established access to Camino Del Avian and
buildings have been situation to provide distance and a landscape buffer between the
proposed residential development and the adjacent properties.
4. The site is physically suitable for the proposed intensity of development permitted by
the State Density Bonus Laws because the existing topography and infrastructure
provides suitable conditions sufficient to accommodate the proposed improvements.
Located generally along the same grade as the adjacent residential properties, the
site is relatively flat and large enough to accommodate the uses and development
proposed. Additionally, the site will be served by existing utilities which service the
current single-family residence; and,
5. The design of the subdivision for the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
PC Resolution 24-07-10-03 10 July 10, 2024
or their habitat because the project includes an assessment of the Project's potentially
impacts to traffic, water quality, noise, air quality and greenhouse gas, and biological
resources, and through these reports and confirmation from City consulted expert peer
reviews of these assessments, concludes that there are no environmental impacts
from the proposed project. Additionally, project will not have an environmental impact
on historical or cultural resources because the site is located outside of the General
Plan's Boundary of Prehistoric and Historic Archeological Resources, which identifies
areas of the City which have been assessed to likely to contain historic resources and
the existing residence, built in 1962, is not listed on a local, state or federal register of
historic buildings; and,
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision because the Project proposes to honor or extend all
public easements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council
approval of Architectural Control (AC) 23-008, Grading Plan Modification (GPM) 23-020,
Tree Removal Permit (TRP) 23-024, and Tentative Tract Map (TTM) 23-002, subject to
those conditions of approval that are applicable to these entitlements as established by
Exhibit A, which is attached hereto and incorporated herein by reference.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: This Project approval 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, July 25, 2024. These
Project approvals shall be valid for a period of two (2) years from the effective date of this
the City Council's Approval, unless a time extension request is granted by the Zoning
Administrator or building and grading permits related to this discretionary approval have
been issued with commencement of construction prior to that date.
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.
[Signatures on Following Page]
PC Resolution 24-07-10-03 11
PASSED, APPROVED AND ADOPT
Joel Roj
Secreta
July 10, 2024
EXHIBIT "A"
P.C. RESOLUTION 24-07-10-03
CONDITIONS OF APPROVAL
PROJECT LOG#: AC 23-008, GPM 23-020, TRP 23-024, and Vesting TTM 23-002
PROJECT NAME: Camino Twelve Residential Project
Architectural Control (AC) 23-008, Grading Plan Modification (GPM) 23-020, Tree
Removal Permit (TRP) 23-024, and Vesting Tentative Tract Map (TTM) 23-002 are
recommended for approval subject to compliance, to the reasonable satisfaction of the
Development Services Department, with all applicable sections of the San Juan
Capistrano Municipal Code, the California Administrative Code, the California Building
Standards Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to
exercising the rights conferred by the above referenced approved applications. These
conditions of approval apply to the above-referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also
mean the developer, the owner or any successor(s) in interest to the terms of this
approval. Approval of these applications is contingent upon the City Council final
approval.
General Conditions:
1 . The applicant proposes to develop twelve townhome residential units, of which
one will be made affordable to a lower income household, on a 0.61-acre site at
25642 Camino Del Avian. This project approval is based on and subject to the
application materials prepared by RRM Design Architects, LLP, dated July 2,
2024, including building elevation(s), floor plan(s), grading, sign plans,
landscaping, site plan and materials board plan. These plans and the proposed
use of the project site are hereby incorporated by reference into this approval
as submitted and conditioned herein and shall not be further altered unless
reviewed and approved by the affected city departments. Minor modifications to
this project approval may be approved by the Development Services Director
pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use
Code.
2. 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 Development Services Director. The City
shall promptly notify the applicant of any claim, action, or proceeding concerning
Resolution 24-07-10-03
Camino Twelve Residential Proiect
Conditions of Approval
Page 2 of 13
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.
3. Pursuant to Section 8-2.04 of the Building Code, the applicant shall ensure that
all construction activities, which includes the delivery and/or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m .
4. Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
5. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments.
6. The applicant shall schedule a final inspection with the Development Services
Department, the Public Works Division, and the Engineering and Environmental
Services Department to inspect the final construction of improvements related
to their department's discipline to ensure consistency with the approved plans
and conditions of approval.
7. Compliance with Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County, Orange County Fire Authority, Santa Margarita Water District or City
regulations or requirements. To the extent not precluded by Government Code
Section 65961, the applicant shall comply with all requirements of the Municipal
Code, all requirements of City ordinances, resolutions, and all applicable
standards and policies that are in effect at the time that building permits are
issued for the development.
8. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
9. Applicant Responsibilities. 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.
10. Discrepancy Clause. In the event that exhibits, and written conditions are
inconsistent, the written conditions shall prevail. If there are any disparities
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Conditions of Approval
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between these conditions and the plans or final revised plans that are approved
for any subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
11 . Fees. 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.
12. Compliance with SCAQMD Rule 1403 regarding the surveying, notification, and
removal of asbestos shall be required during demolition.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
ANY FINAL MAP:
13. Final Tract Map. Final Tract Map shall be in substantial compliance with the
Vesting Tentative Tract Map (TTM), Subdivision Map Act and submitted for
review and approval to the City Engineer's satisfaction prior to issuance of any
permits including but not limited to; grading, building, utility, and/or
encroachments unless otherwise allowed by the City Engineer. At a minimum,
Final Tract Map shall include information related to all existing and proposed
easements, dedications, property lines, flood zones, utilities, ownership, lot
sizes, legal descriptions, and site data as required by Public Works, Planning,
and Engineering.
14. Compliance with Map Act and Municipal Code. Prior to approval of the final
map, the tract map shall be prepared and submitted in full compliance with the
State of California Subdivision Map Act and the City of San Juan Capistrano
Municipal Code, except as authorized by the City Council and/or Planning
Commission. (PW)
15. Payment of Fees. Prior to approval of the final map the applicant/sub-divider
shall fulfill all applicable fee requirements in accordance with the City Municipal
Code, as last revised and the City Schedules of Rates and Charges, as last
revised.
16. Construction Cost Estimates. Prior to approval of the final . map, the
applicant/subdivider shall submit an estimate of quantities and construction
costs of all proposed Works of Improvements (e.g.
Street/Sewer/Water/Drainage/Landscaping Irrigation etc.) associated with this
development prepared by a California State Registered Civil Engineer pursuant
to the City requirements to the City Engineer and Assistant Utilities Director for
review and approval. Said estimates shall include, but not be limited to , the costs
for construction of all on-site and off-site improvements for street, signing and
striping, traffic signals, street lights, storm drains, water, sewer, landscape,
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Conditions of Approval
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irrigation systems, recreational trails, and the setting of survey monuments and
centerline ties. Labor cost of all cost estimates of facilities that will be dedicated
to the City for operation and maintenance shall comply with the California Labor
Code Section 1720-17 43 with respect to the prevailing wages. Any exception to
or deviation from this condition shall be subject to review and approval by the
City Engineer.
17. Bonding and Securities. Prior to approval of the final map, the
applicant/subdivider shall execute a Subdivision Improvement Agreement with
the City and shall provide performance bonds/securities for 100 percent of each
estimated Works of Improvement costs, inclusive of soft costs (e.g. Materials
Testing, Inspection, Construction Management, Surveying, etc.), as prepared
by a Registered Civil Engineer and approved by the City Engineer, Assistant
Utilities Director and City Attorney for all onsite and offsite improvements
including, but not limited to, street improvements, signing, signalization, striping
and street lights, storm drains, sewer, water, recreational trails, landscaping and
irrigation in rights-of-way, private slopes, and open space. In addition, the
applicant/subdivider shall provide labor and materials bonds/securities for 100
percent of the above estimated improvement costs, inclusive of the associated
soft costs, as determined by the City Engineer. Labor cost of all improvements
to be dedicated to City as public facilities to operate and maintain shall be per
prevailing wages rate per California Labor Code Section 1720-17 43. An
additional bond, as determined by the City Engineer, shall be required for street
maintenance purposes to ensure the conditions of all local driveways/streets
within the subdivision, including the offsite emergency access road, are
acceptable to the City Engineer.
18. Tentative Map Compliance and Closure Calculations. Prior to approval of the
final map, the applicant/subdivider shall submit to the City Engineer for review,
and shall obtain approval/recordation of, a final map in substantial compliance
with the approved tentative map. Said map shall be accompanied with traverse
closure calculations and an updated Title Search Report. Any exception or
deviation to the above requirements shall be subject to review and approval by
the City Engineer.
19. Homeowners Association-Maintained Improvements. Prior to approval of the
final map, the applicant/subdivider shall indicate on the final map that all
improvements, including but not limited to, streets, drainage, lights, street
signage, striping improvements, the water quality best management practices
identified in the Water Quality Management Plan (WQMP), parks, graded
slopes, landscaping, and irrigation facilities within the interior of the subdivision
are owned by the Association, and shall be maintained by the master
association and/or sub-association or shall make other provisions for
maintenance to be approved by the City.
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20. Prior to approval of the final map, the applicant/subdivider shall submit a precise
grading plan(s) prepared by a California State Registered Civil Engineer to the
Development Services Director for City review and approval by the City
Engineer and Building Official. The precise grading plan(s) shall be consistent
with the approved rough grading plan and the approved Tentative Tract Map.
21. Dedications and Maintenance Responsibi lity. Prior to approval of the final map,
the applicant/subdivider shall indicate on the final map, to the satisfaction of the
City Engineer, all appropriate dedication and access rights, stating their
purposes and their maintenance responsibilities.
22. CC&Rs. Prior to approval of the final map, the applicant/subdivider shall submit
for review, and shall obtain the approval of, the Development Services Director,
City Engineer, Public Works, and City Attorney, a set of Covenants, Conditions
and Restrictions (CC&Rs). Said CC&Rs shall be recorded with the final map
and shall include, but not be limited to, the following:
a. Creation of a Homeowners Association and/or a Sub-Association for the
purpose of providing for control over the uniformity of boundary fencing, and
the perpetual maintenance responsibility of areas including, but not limited
to, all common areas, open space, project entries, slopes, fuel modification
zones, private medians and greenbelts, private parks, irrigation systems,
landscaped areas, walls, driveways, parking areas, structures, private
streets, street lights, drainage facilities, and all other areas to be owned and
maintained by the Homeowners Association and/or Sub-association. All
improvements, including but not limited to, streets, restoration of enhanced
pavement over the public water and sewer facilities after repairing of said
facilities by the City, drainage, street lights, street signage, striping
improvements, parks, graded slopes, landscaping, and irrigation facilities
within the interior of the subdivision designated as private shall remain
private and shall be maintained by the Homeowners Association and/or
Sub-association, or shall make other provision for maintenance, as
approved by the City Council.
b. The establishment of setback and height requirements for additions and
accessory structures that conform to the development standards of the San
Juan Capistrano Land Use Code.
c. A statement indicating that proposed amendments to any of the CC&Rs
which impact, change or modify any Conditions of Approval, or other City
regulations or requirements, shall be submitted for review to the
Development Services Director and that, if the Director determines that the
amendment adversely affects any project conditions of approval or other
City regulations or requirements, the amendment will then require City
Council approval prior to the amendment becoming valid.
d. OCFA prevention and defense provisions including: 1) an OCFA lane map,
if required by the OCFA Chief; 2) provisions which prohibit parking in OCFA
lanes and a method of enforcement; 3) a method for keeping OCFA
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Conditions of Approval
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protection access easements unobstructed; and 4) a requirement for
approval of the OCFA Chief for modifications such as installation of speed
humps or bumps, control gate changes, or parking changes.
e. Provisions for maintenance by the homeowners association of the water
quality best management practices identified in the Water Quality
Management Plan (WQMP), of all private drainage facilities, including
retention/detention basins, that are made a part of the National Pollutant
Discharge Elimination System (NPDES) permit issued by the City, and for
inspection of basins annually. The HOA shall have a line item in the annual
budget for the implementation of the required operations and maintenance
identified in the approved Water Quality Management Plan.
f. A provision that gives the City the right to assume inspection and
maintenance of any NPDES facilities, if the City determines that the
homeowners association has not maintained said facilities in accordance
with the permit requirements, and that, in such event, the homeowners
association shall be financially responsible to pay City for the costs the City
incurs in such maintenance role.
g. A provision that requires City approval of any amendment to the CC&Rs
that will, in any manner, affect the maintenance, function, or integrity of
NPDES facilities.
h. A statement indicating that by July 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.
i. A provision requiring that all landscape contractors properly train their field
crews so as to prevent improper pruning/trimming or ornamental
maintenance of the California native plants, and providing an enforceable
penalty which the HOA may impose on the landscape contractor for
violation of this provision including but not limited to replacement of plant
material with comparably sized new plant material.
j. A provision that each owner shall at all times ensure that their garage
accommodates at least the number of vehicles for which it was originally
constructed. The garages shall be used for parking of vehicles and storage
of personal property only. Use of portions of the garage for storage shall be
permitted only if the garage can still accommodate the parking of two (2)
vehicles. No garage may be used for any dwelling, commercial or other
purpose, regardless of how many vehicles are owned by the residents.
Owners are permitted to park their vehicles in the garage only.
k. A provision that the homeowners association has the right and power to
enforce all parking and vehicle use regulations, applicable to the
development, including the removal of violating vehicles from parking areas.
I. A provision that the HOA has the power to: (a) establish additional rules and
regulations concerning parking in the development, (b) prohibit any vehicle
parking, operation, repair, maintenance or restoration activity in the
development if it determines in its sole discretion that the activity is a
nuisance, and (c) promulgate rules and regulations concerning vehicles and
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Conditions of Approval
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parking in the Development as it deems necessary, including reserving the
right to inspect garages.
m. A provision that the homeowners association (HOA) would be responsible
for the cost of replacement and restoration of any enhanced paving or
stamped-concrete removed by the City for the purpose of maintaining,
replacing, repairing, or otherwise conducting work on underground utilities
including but not limited to waterlines, sanitary sewer lines, and storm
drainage lines within the proposed private streets.
n. A provision that the homeowners association (HOA) will require that prior to
completing any landscape improvements on the property, the
applicant/owner shall submit a preliminary landscape plan to the
homeowners association's Architectural Review Board for review and
approval and shall meet the following standards:
i. The HOA Architectural Review Board shall encourage front yard and
side yards visible from the street to be landscaped with a drought
tolerant and California-friendly plant palette as approved by the City.
ii. Failure of any lot owner to comply with these landscape provisions shall
be deemed a violation of the Conditions, Covenants & Restrictions
(CC&Rs) and shall be punishable accordingly under the violations &
penalties section of the CC&Rs
23. Submission of Digital Map. Prior to recordation of the final map, the
applicant/subdivider shall submit for review, and shall obtain approval from the
Orange County surveyor, of a digitized map pursuant to Orange County
Ordinance 3809 of January 28, 1991. The applicant/subdivider shall pay for all
cost of said digital submittal, including supplying digital copies to the City, of the
final County Surveyor approved digital map in DXF format. In addition, the
applicant/subdivider shall provide the City with digitized copies of all
improvement (as-built) plans.
24. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING PERMIT(S):
25. A preliminary Drainage Plan and Study has been provided. Remaining technical
comments from the City's 3rd party consultant, Gong Enterprises, Inc. letter
dated May 6, 2024, shall be addressed. Provided as Appendix 1.
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26. An updated Site Plan(s) has been provided. Remaining technical comments
from the City's 3rd party consultant, Gong Enterprises, Inc. letter dated May 6,
2024, shall be addressed. Provided as Appendix 1.
27. An updated Preliminary Water Quality Management Plan (WQMP) has been
provided. Remaining technical comments from the City's 3rd party consultant,
provided as WQMP Comments-Responses Matrix provided to the applicant on
May 15, 2024, shall be addressed. Provided as Appendix 2.
28. Mitigation of Drainage and Grading Problems. Prior to issuance of grading or
right-of-way improvement permits, the applicant/subdivider shall adhere to the
following conditions during the entire grading and construction operation:
a. If any drainage problem is anticipated or occurs during construction, the
applicant/subdivider shall provide and implement a solution acceptable to
the City Engineer, at no cost to the City, and shall submit a recorded
instrument to insure the durability of the solution.
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineer and
shall be subject to a supplemental Geotechnical Soils Report and additional
fees.
29. Submit electronic and hard copies of all applicable documents listed on the
"Plan Check Submittal Requirements" form located at the Building and 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), Geotechnical report with wet ink signatures
(report or addendum letter cannot be over one (1) year old), 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.
30. 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.
31. Utilize City Standard sheet layout (including size) and Standard Notes, as
applicable.
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Conditions of Approval
Page 9 of13
32. 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.
33. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading
permits, the applicant/subdivider 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.
34. Provide engineer cost estimate for grading, drainage, and erosion/sediment
control BMPs.
35. Submit grading surety agreement and security.
36. Submit digitally signed Mylars of plan set for City Engineer's signature.
37. Capistrano Circulation Fee Program (CCFP). Except as otherwise set out in
accordance with a schedule in the Subdivision Improvement Agreement to be
executed in conjunction with City approval of the first final map, the
applicant/subdivider shall pay fees, in the amount prescribed by the City Council
at the time of issuance, as required by the CCFP, at issuance of each building
permit.
38. An Encroachment Permit is required for work and construction-related activities
in the public right-of-way. These include, but may not be limited to, utility
connections, truck hauling, traffic control, site ingress and egress, hours of
operation in the right-of-way, street cleaning, etc.
39. Prior to the removal of any approved tree, the applicant must comply with all
applicable Federal, State, County or City regulations or requirements, including
the San Juan Capistrano's Municipal Code Section 5-5.01 through 5-5.05 Bird
Sanctuary or the Federal Migratory Bird Treaty Act, which establishes
prohibitions on the disturbance and/or removal of certain native bird nests. Any
tree which has not been approved as a part of this project may require a Tree
Removal Permit to be reviewed and approved in accordance with Municipal
Code Section 9-2.349.
40. Migratory Bird Treaty Act and Fish and Game Code (Pre-Construction Nesting
Bird Clearance Surve). Nesting birds are protected pursuant to the Migratory
Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503,
3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds,
Resolution 24-07-10-03
Camino Twelve Residential Proiect
Conditions of Approval
Page 10 of 13
their nests or eggs). In order to protect migratory bird species, a nesting bird
clearance survey will be conducted prior to any vegetation removal activities
that may disrupt the birds during the nesting season and submitted to the City
prior to grading permit issuance.
Consistent with these regulations, if construction occurs between February 1st
and August 31st, a preconstruction clearance survey for nesting birds should be
conducted within three (3) days of the start of any vegetation removal to ensure
that no nesting birds will be disturbed during construction. The biologist
conducting the clearance survey should document a negative survey with a brief
letter report indicating that no impacts to active avian nests will occur. If an active
avian nest is discovered during the pre-construction clearance survey,
construction activities should stay outside of a no-disturbance buffer. The size
of the no-disturbance buffer will be determined by the wildlife biologist and will
depend on the level of noise and/or surrounding anthropogenic disturbances,
line of sight between the nest and the construction activity, type and duration of
construction activity, ambient noise, species habituation, and topographical
barriers. These factors will be evaluated on a case-by-case basis when
developing buffer distances. Limits of construction to avoid an active nest will
be established in the field with flagging, fencing, or other appropriate barriers;
and construction personnel will be instructed on the sensitivity of nest areas. A
biological monitor should be present to delineate the boundaries of the buffer
area and to monitor the active nest to ensure that nesting behavior is not
adversely affected by the construction activity. Once the young have fledged
and left the nest, or the nest otherwise becomes inactive under natural
conditions, construction activities within the buffer area can occur.
41. Orange County Fire Authority (OCFA). All items from OCFA comment letter,
dated May 6, 2024, shall be addressed. Provided as Appendix 3.
42. Santa Margarita Water District (SMWD). Prepare and submit all improvements
development project construction plans involving DW and sewer facilities on 22"
x 34" paper size. Also provide in pdf format for SMWD review.
43. SMWD. Submit previous red line and other SMWD review comments with
revised plan submissions, otherwise resubmittal items will not be accepted for
review and/or returned.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY BUILDING PERMIT(S):
44. Development Plans. Prior to issuance of the first building permit for each
development phase, the applicant/subdivider shall submit development plans to
the Development Services Director for City review and approval. Plans to be
reviewed shall be as applicable to the particular development phase under
review and, in general, shall include grading plans (unless previously approved
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Conditions of Approval
Page 11 of 13
by the City), final site and landscape plans, park plans (if applicable to the
development phase), architectural elevations, wall/fence plans, project entry
and gate plans, sample material boards, and other plans as specified by the
Development Services Director. Final plans shall be in substantial compliance
with preliminary plans approved as part of the development review process.
45. Density Bonus Affordable Housing Requirement. The applicant/subdivider shall
meet the General Plan Housing Element's affordable housing requirement by
prior to the issuance of the 1st building permit providing for the development of
a minimum of 10% of the total number of units as affordable to lower income
households or an in-lieu fee. Further, the development has received certain
bonuses, concessions, and standards under the Density Bonus Law. Units
which are designated as affordable housing units will be subject to a City-
approved and recorded Density Bonus Affordability Agreement restricting the
rental and/or sale of such units to qualifying "low income" households for a
period of not less than thirty (30) years. The applicant/subdivider shall be
responsible for securing the required Density Bonus Affordable Agreement with
the City of San Juan Capistrano for the development of such affordable housing
prior to the issuance of the 1st building permit for any housing unit. Should the
full 10% inclusionary requirement not be satisfied by units, the Housing In-Lieu
Fee as determined by SJCMC Section 9-5.103 shall be due prior to Certificate
of Occupancy.
46. Tract Maps for condominium purposes are subject to the following conditions of
approval:
a. Each dwelling unit shall conform to current noise and energy insulation
standards required by the latest adopted California Building Code or other
applicable law or regulation.
b. Each unit shall have installed smoke detectors as required by the latest
adopted edition of the California Building Code.
c. A single designated area having a minimum of 200 cubic feet of enclosed,
weatherproof, lockable, private and secure storage space shall be provided
for each unit. Said storage area may be located within a garage, provided it
does not interfere with garage use for automobile parking and is located
within a reasonable proximity to the unit.
d. Separate laundry facilities of sufficient size to allow for the installation of a
clothes washer and dryer shall be provided for each condominium unit. If
provided within a garage, said laundry area shall not encroach into required
parking spaces.
e. Each dwelling unit shall be separately metered for gas and electricity.
f. A separate shut-off valve for natural gas, water, and electricity shall be
provided within each dwelling unit, unless utilities are provided by a
homeowners' association.
g. All permanent mechanical equipment, including domestic appliances, which
is determined by the Building Official to be a source or potential source of
vibration or noise, shall be shock-mounted, isolated from the floor and
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Conditions of Approval
Page 12 of 13
ceiling, or otherwise installed in a manner approved by the Building Official
to lessen the transmission of vibration and noise.
h. The water system shall comply with current fire flow requirements.
i. All structures and buildings included as part of a condominium project shall
conform to the building and zoning requirements applicable to the zone in
which the project is proposed to be located. Designation of individual
condominium units shall not be deemed to reduce or eliminate any of the
building and zoning requirements applicable to any such buildings or
structures.
j. A two hour fire rated separation sound attenuated wall shall be provided
between dwelling units.
47. Prior to issuance of a building permit, a photometric plan shall be provided
demonstrating that SJCMC Section 9-3.529 Lighting Standards are being
satisfied with all proposed site lighting.
48. Prior to issuance of a building permit, the project applicant shall require the
construction contractor to follow notes in the plans which include the standard
requirements from South Coast Air Quality Management District (SCAQMD)
Rule 403 with regards to fugitive dust control, which includes, but are not limited
to the following:
a. All active construction areas shall be watered two (2) times daily.
b. Speed on unpaved roads shall be reduced to less than 15 mph.
c. Any visible dirt deposition on any public roadway shall be swept or washed
at the site access points within 30 minutes.
d. Any on site stockpiles of debris, dirt or other dusty material shall be covered
or watered twice daily.
e. All operations on any unpaved surface shall be suspended if winds exceed
15 mph.
f. Access points shall be washed or swept daily.
g. Construction sites shall be sandbagged for erosion control.
h. Apply nontoxic chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas
inactive for 10 days or more).
i. Cover all trucks hauling dirt, sand, soil, or other loose materials, and
maintain at least 2 feet of freeboard space in accordance with the
requirements of California Vehicle Code (CVC) section 23114.
j. Pave or gravel construction access roads at least 100 feet onto the site from
the main road and use gravel aprons at truck exits.
k. Replace the ground cover of disturbed areas as quickly possible.
49. Prior to issuance of a building permit, the project applicant shall require the
construction contractor to follow notes in the plans which include the SCAQMD
Rule 1403 requirements for proper removal of asbestos that includes but are
not limited to the following:
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Conditions of Approval
Page 13 of 13
a. Prior to the start of demolition activities, the structure shall be thoroughly
surveyed for the presence of asbestos by a person that is certified by
Cal/OSHA for asbestos surveys.
b. If asbestos is found, the SCAQMD shall be notified a minimum of 10
days before any demolition activities begin with specific details of all
asbestos to be removed, start and completion dates of demolition,
work practices and engineering controls to be used to contain the
asbestos emissions, estimates on the amount of asbestos to be removed,
the name of the waste disposal site where the asbestos will be taken, and
names and addresses of all contractors and transporters that will be
involved in the asbestos removal process.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A
CERTIFICATE OF OCCUPANCY:
50. Monumentation. Prior to issuance of a certificate of occupancy for the 1st
building within the project, the applicant/subdivider's surveyor shall set
monuments related to the subject property(ies) 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.
51. Installation of Landscaping and Irrigation System. Prior to issuance of a
certificate of occupancy for the first building within each development phase
(other than model units), the applicant/subdivider shall submit a letter to the
Development Services Director, signed by a Registered Landscape Architect,
stating that all materials for all landscaped areas have been installed in
accordance with the approved plans for each development phase, and shall
demonstrate to the satisfaction of the Development Services Director that all
landscaped areas have been landscaped per the approved landscape and
irrigation plans. The applicant shall provide as-built landscape and irrigation
plans that identify all deltas (changes) to Development Services.
52. Water Quality Management Plan Operations and Maintenance Recordation.
Prior to issuance of a certificate of occupancy for the first building, the
applicant/subdivider shall provide proof of recordation of the WQMP Operations
and Maintenance section of the Water Quality Management Plan.
Appendix 1: May 6, 2024 Preliminary Drainage Plan & Study, and Site Plan Technical
Comments, Gong Enterprises, Inc.
Appendix 2: May 15, 2024 Preliminary Water Quality Management Plan (WQMP)
Technical Comments from WPS Engineering
Appendix 3: May 6, 2024 OCFA Comment Letter
GoNG ENTERPRJSES, INc.
CIVIL ENGTNEERING/CONSUL T ANTS TO GOVERNMENTAL AGENCIES
May 6, 2024
Mr. Craig Bradshaw, PE
City of San Juan Capistrano
30448 Rancho Viejo Road
San Juan Capistrano, CA 92675
Send to: City of San Juan Capistrano
Re: 25642 Camino Del Avion (Vesting TTM 19310), San Juan Capistrano
3rd Plan Check -AC23-008)
Dear Craig:
In accordance with our contract with the City of San Juan Capistrano (CITY), we have
provided a review of subject Vesting TTM 19310. / have no further comments.
Pis be aware of the following that will assist the reviewer when post entitlement plans
are reviewed :
(Shts C1 and C2):
• Existing easements have been plotted. Existing easements 4 and 5 need to be
quitclaimed (to be deferred to Post-entitlement phase).
• Configuration of the drive aisle and parking stalls do allow for a vehicle to turn
around within the condominium site.
• Proposed drainage features are shown (30" pipe -serves as detention basin,
catch basins, and MWS unit.
• Proposed onsite sewer lines/laterals are shown and serve each unit. The sewer
mainline connects to the existing sewer main in Park Avenue.
• Plans show proposed public water meters. Onsite water lines are not shown
(this is ok).
• A new driveway approach with new sidewalk behind the approach is proposed,
along with new sidewalk along Camino Del Avion.
Drainage:
• Cales show that post-developed condition have been mitigated to equal or to be
less than the existing condition 0100 +/-.
• Due to a true sump situation for the site, A sump pump with an inlet serves as the
2ndary drainage pathway. If the onsite catch basins clog or a larger than 025
storm occurs, the excess flows will be drain into the sump pump, then flows will
be pumped into Del Obispo Street via pipe force main and parkway culvert.
• Onsite detention (30" RCP) will be required.
7755 Center Avenue, Suite I 100 / Huntington Beach, CA 92647/ Ph: (714) 372-4959/ Fax (714) 372-4968
Email : GONGENTERPRISES@YAHOO.COM Plan Check / Consulting
EXHIBIT A-
APPENDIX 1
• Referenced Plans reviewed : Sheets C1 and C2
Hydrology Report and Maps
Should you have any questions, do not hesitate to contact me.
Thank you.
Very truly yours,
Ken Gong, PE
SJC-25642Camino□e1Avion(AC23-00B).3F
Email: (w/o enclosures): PW Dev, CITY
Justin lnducil, CITY
Chris Shyy, CITY
Subject plans and ca/cs were reviewed for substantial compliance with design
concepts, and City of San Juan Capistrano standards, codes, and criteria. GEi is
not responsible for design, errors and omissions, or design accuracy.
2
WQMP Comments-Responses Matrix
City Project Number: A_C23-008 Plan Checker Name/Contact: Keegan Holst, PE; Keri Gannon. PE
Project Name: Jentative_Tract No. 19310 Responder Name/Contact: Siew Huat Ng, Unit~~ Civil Inc.
Project Address: 25642 Camino Del Avion. San Juan Capistrano.
Calif_o_rnia, 92675
City Contact Person: Jeremy Hohnbaum.
/11 order to expedite the review process ofyour project, please providetl your respouses explaining changes that have been applied in your
project's document in the "Response" column of this RTC Matrix and include in the next submittal package.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
First Review
Title Page 1 F1:1h1i:e s1:1emittals te iael1:1ae i:e·risiea aate€s➔. Included.
Owner's 1 Application numbers to be updated upon issue in future
Certification submittals. INCLUDED UNDER SECOND REVIEW Numbers will be included when available.
COMMENTS
Owner's 2 Signature and Date are required in final Conceptual WQMP
Certification prior to final approval. INCLUDED UNDER SECOND Signature will be included for final approval.
REVIEW COMMENTS
1.0 -Discretionary 1 Update Permit/Application number upon issue and include in
Permit(s) and Water future submittals. INCLUDED UNDER SECOND REVIEW Numbers will be included when available.
Quality Conditions COMMENTS
1.0 -Discretionary IAel1:1ae statemeAts FegaFEliag tl:ie fellewiAg:
Permit(s) and Water I. PFieF te iss1:1aAee et afl}' gFaEliAg eF euilEliAg f!eFmit, tl:ie
Quality Conditions 2 Bflf!lieaet sl~all s1:1emit te the Gil:y a w:ateF Q1:10:lit,y
MaAageFAeet PlaA P.VQMP~ fei: Fe•1iew aAEI Bf!J'lF8'>'al tl=lat Describe in Section I.
fl:llf:ill5 FeEjl:liFeffieAts ehhe (;ity's Stl'SMP, aEIElfesses site
design BM:Ps. iAeerJ:'leFates the 0:f!f!lisaele Re1:1t:ine Sauree ,., __ ,. __ ., ..... ,.,_ .1 n-.Kn-~ II. _, ., .. -· . -· . ···-· --·-·-·
EXHIBIT A -APPENDIX 2
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
tke laAg teFm apeFatiaA aRd maiAteRaRee Feei1:1iFemeRts fer
tke stF1:1ct1:1Fal BMPs, iEleRti:f:ies the Fespemsible emit,' feF
laAg teFm apeFatiaR a0d mai0te0aRee, a0d deseFibes tke
meehaf!is1f! feF fl:IAE1i0g feF the laRg teFm epeFatiaA aAd
maiAteRaAee ef stmetl:IFal BMPs.
1.0 -Discretionary Please include Final Resolution of Approval or Conditional
Permit(s) and Water 3 use Permit as an Attachment to the WQMP for final Will include when available. Quality Conditions submittal. INCLUDED UNDER SECOND REVIEW
COMMENTS
2.1 -General I Please iRolude legal descri13tieF1 efthe prnject lacatian (e.g., APN and tract number included. Conditions APN, let; tFaot, eto.).
2 .1 -General 2 Please idef!tif)· the 13laRning aFealeamm1:1Rity Rame ia the Planning area included in the description. Conditions NaFFati•,ie PFeject 9eseFi13tiaF1.
2.1 -General 3 Qise1:1ss 13at=IEiRg feF FesideRts af!d aey 13a1,eEi eeff!maA ai:eas, Residential parking and paved common areas
Conditions ets, included.
2 .1 -General 4 Please deseFibe all laf!dseaped aFeas iR the NaFroti•,•e PFeject Landscape areas described. Conditions QeseFi13tieR.
2.1 -General 5 Please iAel1:1de whether eF Rat the 1:1re1:1eseEi J:Jfejest will No off-site improvements discussed. Conditions iRelHele any e-f+ site im13re¥emeF1ts.
2. I -General 6 Please iF1el1:1ele the tatal im1:1eF¥ie1:1s area aelEled eF re1:1laeeel as Info added.
Conditions p&Ft e~tl:te 1:1rejeet iA the ~JarFati¥e cPFejeet 9essFif:ltiaA.
2.1 -General 7 Please iAeh:1ee i1:1stiAeatieA feF pFieFit,c pFejeot eeteFminatieA Justification included. Conditions iA tl~e ll-Janative PFejeet 9eseFi13ti0A.
2.2 -Post The west and East storm drain connect to the 30"
Development l.J.lheFe dees the ,.,.,est a0d east staFffi dFain een0eet+ WheFe main line on the drive isle . A IO" outlet pipe
Drainage 1 daes the maiAli0e eeRReet+ Hew eees the rnReff lea•,ie the from this main line conveys the flow to the
Characteri sties site? The 1:1repaseEI elraiAage S)'Stem aiiel flaw patJi Reeds to existing basin at the Southeast corner of the site,
be olaFified. where flow leaves the site via existing drain line
onto Park Ave.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
3.1 -Site Conditions 1 Please include a-a eiEhibit snowing tke elEistin.g con.aitioA of Existing hydrology map added . the site.
3.1 -Site Conditions 2 Distance to San Juan Creek included.
3.1 -Site Conditions 3 Please iAch1de the fFactioA of the site is Cl:lffeAti)' de•,,eloped Description included. iA the SectioA ;; pFoject AaFFati• .. e.
3.1 -Site Conditions 4 Please descFiee Hie slo13es, the Faage of ele•,cati,oAs, asd Description included. teFFaiA ~•pe in. the SeeHoA ;; 13Fojeet naFffiti¥e.
3.1 -Site Conditions 5 Qisctiss ..,,,hetheF OF aot theFe is offsite flow the Ft!AS oAto the
!3FOJ3e~•. Discussion included.
3.1 -Site Conditions 6 Please inelude if any 8*isting infrastF1:1cl:t!Fe is to remain iA Description included. 13Fo13osed de¥elepmeAt.
3 .1 -Site Conditions Please provide Geocon West Inc. geotechnical report as an
7 attachment to the WQMP as justification for infiltration Soil report attached . infeasibility of the project. INCLUDED UNDER SECOND
REVIEW COMMENTS
3.1 -Site Conditions 8 Add thecpage F11:1,meeF feF the inJiltration eliseussioA in the Page number (Section 8.18, Page 35) added. Geoteehnieal re130Ft aAel iAeluele aft attachmeAt refeFeeee.
3.3 -Receiving I J:Rcluele map s!:iowing the 13FelEimity to reeei•;ing wateF boel)•. Map included in Attachm ent C. Waterbodies
3.3 -Receiving 2 Y13elate U1e ~QJ{el~ listings fer San Juafl GFeele to the most Listing updated. W aterbodies u13dated :a,n0,t2Q22 ;;Q~Ee~ listings.
3.3 -Receiving PeF the SGG +GQ SectioA ;Lu, this sectieA Reeds to Aaffie
W aterbodies 3 the eliFect reeeii.,iAg wateF eoay feF the J3Fojeot site anel eael:i Text specifies the path of storm drain -San Juan
subsequent wateF hody LtRtil Feaehing the oeean. Please Fe•;ise Creek -Pacific Ocean
sectioA ;; .J telEt acc0Fdi0gl)'.
3.4 -Stormwater 1 Per the SOC TGD Section 2.3.4.5, primary pollutants of
Pollutants of concern are any pollutants anticipated to be generated by the Table 3.4 revised.
Concern project that have also been identified as causing impairment
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
of project receiving waters between the point of discharge
from the project and the ocean. Please revise Table 3.4
accordingly. INCLUDED UNDER SECOND REVIEW
COMMENTS
3.4 -Stormwater Per SOC TGD Section 4.4.4, where trash is identified as a
Pollutants of primary pollutant of concern, BMPs must be designed to
Concern 2 remove trash. Please include documentation that details how Each unit has trash bin and recycle bin. There is.
the proposed structural BMP meets the trash requirements of a composite/food trash bin near the entrance.
the Trash Provisions. INCLUDED UNDER SECOND
REVIEW COMMENTS
3.5 -Hydrologic Please include a map or maps showing:
Conditions of 1. Discharge location(s) from the site and all receiving storm
Concern drains and waterbodies from the site to the ocean Hydrology Map included in Attachment C,
I 2. Label each reach of all downstream waterbodies showing flow path/reach from discharge location
to the Ocean. Exempted area from the hydro
3. Label areas identified in the WMAA as exempt from the modification requirements shown on the map.
hydromodification requirements. INCLUDED UNDER
SECOND REVIEW COMMENTS
3.5 -Hydrologic Please iReh:1ae tl=ie af)f1F0f!Fiat:e ma13(s~ iAel1:1aeel iA tl=ie l=G:9 2 Conditions of a1313eAeliioe N.+ if!eiieat:iAg the 13Fejeet leeatieA as jHstaieatieA Map included in Attachment C.
Concern feF MyelfeFAeelifieat:ieA eM:eFA13tieA.
3 .6 -Critical Coarse Please iAel1:1el:e tl=ie a1313F8f1Fiate FAa19Es) iAelmieEI iA tl=ie +GB The critical course sediment provision does not 1 Sediment Yield a1313eaEihE l>t8 iAEiieatiag tl=ie 13Fejeet leeatieA as j~1stil=ieatieA apply to redevelopment of an existing
Areas feF eFitieal eeHFSe seEiimeRt yielEi at=ea e1Eem13ti0R. development.
3 .6 -Critical Coarse l:f:".Uie FAap iA +GB a1313eAEliM N.8 iAEi:ieat:es 130teRtial eFitieal 2 Sediment Yield eeafS e seEi:imeAt yielel aFeas, thefl J:lF8't1iEie aee1:1FReAtati0R ef Same as above.
Areas wl'letl=ieF these aFe aerual eFitieal eearse seeimest yield ai:eas.
4.1 -Drainage Please include drainage map exhibit(s) which include: Drainage/site map and landscape map included in
Management Area Attachment C. There are two drainage areas, but
Delineation 1 1. Areas of potential pollutant generation one OMA (onsite area only). The offsite (B) does
2. Impervious and pervious areas not drain onsite. Runoff of Subarea A all drains
to the modular wetland. Runoff goes through
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
In addition, please show the drainage boundary for the area curb gutter or ditches, inlets and storm drain.
draining to the Modular Wetland. The ditches do not go to Water in the storm drain is routed to the
the Modular Wetland. The project site needs to be broken up diversion structure, where low flow goes to the
into each area that drains to a different location. It cannot all modular wetland, high flow bypasses.
be one OMA if does not all drain to the modular wetland.
INCLUDED UNDER SECOND REVIEW COMMENTS
4.1 -Drainage Runoff near public street does not drain onsite.
Management Area
Describe how the site was di1t·ided iAto DMAs aRd how 'BMP All onsite runoff drains via storm drain to the
Delineation 2
plaeeFHeAt was selected. low point at the rear of the site, where BMP is
placed.
4.1 -Drainage 3 Please include any relevant support (e.g., site investigations, Grading plan included showing the site drains Management Area etc.) which influenced the siting of the structural BMPs.
Delineation INCLUDED UNDER SECOND REVIEW COMMENTS towards the rear of the site.
4.1 -Drainage Include site investigation report/studies relevant to feasibility Soil report shows the site has limited infiltration
Management Area 4 rate, thus infiltration is not feasible. Landscape
Delineation determinations (geotechnical report). INCLUDED UNDER plan shows the site does not have much water SECOND REVIEW COMMENTS demand for recycle and reuse.
4.2 -Overall Site Please iAoh:lde FHsre details as to how site desigA 'BMPs were
Design BMPs I iffiplemeHted tlue1::1gho1::1t the desigR of: the prejeet. +he
felle•,viflg site desigR meas1::1res ele Aet h0¥e s13eeifie
icm13lemeAtatieA iAfermat=ieA: DiseeAAeet lm13er1t1is1::15 Area5,
:r:irese013i:eg, Water effieieAt baAdseapiHg.
4.3 -Drainage Please elaF:i~• that all the ntAoff EFOB'I tl:1:e site gees to the The onsite runoff drains along gutters and
Management Area I ditches, and is picked up by inlets and area drains
Characteristics and sterm elraiA systeFB leael.iAg to u~e 1fl0Eil::l:lar 1weUa-F1Ei. Jf: Aet, and conveyed to storm drain system. The storm
Site Design BMPs theA Hiere aeees ts be sel"arate DMAs. drain leads the flow to the modular wetland.
4.3 -Drainage 2 Please include how site design concepts were considered and Details of the design concepts are included in the
Management Area incorporated into the project plans in the project narrative in narrative.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
Characteristics and Section 4.3.1. INCLUDED UNDER SECOND REVIEW
Site Design BMPs COMMENTS
4.3 -Drainage
Management Area 2 Please iAchuie whether there is a aemaAa fer haP1estea Rain harvest feasibility included in the narrative. Characteristics and stormwater, aria if so, ealm:llate afla iAcluae the aemafla.
Site Design BMPs
4.4 -Source Control Re•,•ie•,y aAa eAsl:lre all the eorreet sol:lrce eoAtrol BMPs are
BMPs selecteEI iA U1e taele iA SeetioA 4 .4. For ei'Eam13le, is seems as 1 Narrative included fo r applicable and non-if loaai-Rg aoelEs ,,,,,01:1la ROt ee a1313lieaale. AEla a erief applicable source control BMPs. Aarrati'le cleserieiAg how eaeh iAcluclecl souree eoAtrol BMPs
wi+I ee iffl13leffieHtea.
4.4 -Source Control 2 Eas1:1re the Source Controls seleeteEI in the re13ort are listed Source control listed on the WQMP site map. BMPs SR-tile site ma13, aRa ,,,ice \'ersa.
5.0 -Low Impact The modular wetland needs to be designed to meet the The design of the modular wetland follows these Development BMPs following requirements in the TGD:
1) Section 4.6 requirements.
2) Fact Sheet BI0-7 Per the OSC TGD (12-21-2018) Section 2.5.1,
3) Appendix Section 111 .3 .3 page 2-42, Third Priority Biotreatment with
Negligible Retention, 1) maximize HSC 2) size
1 4) Appendix Section 111.7 BMPs to treat 1.5 times the DCV. 5) SOC-I Worksheet
6) Appendix Xl I The calculation and description that the
The modular wetland can only be considered an LID BMP if proposed Modular Wetland provides capacity
it is designed to retain more than 75% of the DCV in the greater than 1.5 times the DCV (See Attachment ponding and pore space. It also needs to be shown to treat the D). project's pollutants of concern. INCLUDED UNDER
SECOND REVIEW COMMENTS
5.0 -Low Impact 2 I~ the QM As ellaAge 13er SeetioR 4 J) COfflBJeRts, then eaell The offsite drainage area does not drain to the
Development BMPs site but to the public right of way, so is not adclitioAal 9MA ,..,.m Reed to be aiseussecl iR this seetieR. treated.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
5.0 -Low Impact 3 Please include justification for why no HSCs were HSC is not included to the design. Proposed
Development BMPs implemented into the design of the project. INCLUDED BMP has enough capacity to treat DCQ and
UNDER SECOND REVIEW COMMENTS l.5xDCV.
5.0 -Low Impact WoFIEsl=ieet 9, as pFeseAteEI ice AppenEliM 9 , has FefeFeAees to
Development BMPs WoFIEsheet A Enet iRelt1Eleel ie sHemittal) aeEI AeeEls to ee Worksheet D is included in Attachment D. 4 iAelt1eleel. Both seetioes efthe St1ppefl:iAg Ga!eulatiees 0:Fe
left elaAk ie l,lJeFIEsheet Q as well aed eeeEI to ee eoffipleted Worksheet A is not as HSC is not included.
to 0:Elequately justify the preseAted ealeulatieAs. Update if
HSGs aFe ieelHded.
5.0 -Low Impact No justification given for the exclusion ofHSCs. Please HSC is not included in the design. Proposed
Development BMPs 5 adequately justify why HSCs were excluded from the project BMP has enough capacity to treat DCQ and
design. INCLUDED UNDER SECOND REVIEW l .5xDCV description included. DMA is not self-
COMMENTS retaining. HSC is not included.
5.0 -Low Impact Please iAeh1de whetheF the QMA is self Fetaieieg oaee 6 Development BMPs ereelits ft:oFA the HSGs at=e pl'e•;ided and iAelHded iA the More description included.
st1eFAi~I. Ypdate iH-ISGs aFe iAelHdeEI.
5.0 -Low Impact Please pre¥iele adeqHate j~1st::ifieatie0 fer kew the modul.aF
Development BMPs 7 wetlaAd system was determieea to be the eest stoFAH¥ater The site consists of high density multi-family maeageFAeAt approaeh fer U1is pFejeet. Be as Eletailed as units. pessiele as reteetien aAd inl'iltJ:atioA are the preferred
methods fer eoffipliaeee.
5.0 -Low Impact Space constraints are referenced to justify using the MWS in
Development BMPs 8 lieu of infiltration/retention. Please describe why space Calculation sheets and backup info provided in
constraints could not be mitigated in the site design. Attachment D.
INCLUDED UNDER SECOND REVIEW COMMENTS
5.0 -Low Impact +he-taele ia SeetioA 5.'.2 pFeseAts 't'alHes with Re ealet1latioes
Development BMPs or refeFeeee to werlEsheet.lealst:ilatieA jt:tstifieatioA. Please
9 prnvide adequatejHstifieatioA a:nd refereAees so Feviewer eaA Sheet updated. BMP capacity is confirmed for
eheek aeet:trney of ealeulatioas. treatment flow rate and volume in the narrative.
121ease pro11ide all eaelECHp ealeHlatioAs, eeiuatioAs aBd preseet
'.-1--:--1 -'"--L•----.: ,------.1 .1. -L --1 J:--.. ..... ... ---,._ .. ._ ---·--
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
accH-!'acy anel cempleteness. If eale1:1lat:iens 0:Fe i:,resented
elsewheFe iA lke s1:1emittal, please pfe:Yiele FefefeRee. See ilie
geAefal cemment fer SeetieA !i.G te eleteFffliHe what type ef
ca:lel:dat:ieas aAd eaelHtp aeeds te ee pFe•rieled iA effieF feF the
re0vie•.¥er te determine if the LID BMP meets the
Feei1::1iremeAts ef: the +GD.
5.0 -Low Impact Please 1::1pelate the elesigA eFiteria en the Eietai I sheet :te nete
Development BMPs 10 the FeEj1:1ireel treatment f:10\11 rate aaEi ,,,ell:lme reteatiea Sheet updated. BMP capacity is confirmed for FeEJ1::1ireel. GentiFm in the re130Ft Aa:rFati•,•e t:bat ttiis BMP ean treatment flow rate and voL11ne in the narrative. aceemmeaate the reEjHired treatment f:1ew rate and the
reteatiea 'relHme.
6.0 -Exemptions from hydromodification standards are pending
Hydromodification 1 the applicant provide justification for such exemptions as Map from TGD Appendix N included in BMPs outlined in comments for Section 3. See TGD Appendix N
for appropriate maps to be provided in next submittal. Attachment C.
INCLUDED UNDER SECOND REVIEW COMMENTS
7.0 -Educational It appears that there are more educational materials that
Materials Index 1 should be provided for homeowners. Please review the list Additional educational material included. again and check all that are potentially applicable.
INCLUDED UNDER SECOND REVIEW COMMENTS
Attachments l All required attachments and information to be included in
the Final WQMP. INCLUDED UNDER SECOND Will provide upon final submittal.
REVIEW COMMENTS
Second Review
Owner's 1 Application numbers to be updated upon issue in future
Certification submittals.
Owner's 2 Signature and Date are required in final Conceptual WQMP
Certification prior to final approval.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
1.0 -Discretionary 1 Update Permit/Application number upon issue and include in Permit(s) and Water
Quality Conditions future submittals.
1.0 -Discretionary 1 Once available, please include Final Resolution of Approval
Permit(s) and Water or Conditional use Permit as an Attachment to he WQMP for
Quality Conditions final submittal.
3.1 -Site Conditions 1 Please include a reference within the text to the existing
hydrology map that you've included.
3 .1 -Site Conditions Please include description if any existing infrastructure
2 (utilities, drainage infrastructure, etc.), aside from the house,
that are to remain in the proposed development. If none,
please state this specifically.
3.1 -Site Conditions 3 Please include the letter of the attachment ("E") when
referencing the attachment containing the Geocon West
geotechnical report in the text.
3.1 -Site Conditions Please attach the Geocon West geotechnical report pdfto
4 Attachment E of the WQMP document for the final
submittal. The City will want a complete report for their
records.
3.1 -Site Conditions Identify any known Environmentally Sensitive Areas (ESAs)
5 and Areas of Special Biological Significance (ASBSs) within
the vicinity and their proximity to the project or state that
none exist.
3.3 -Receiving 1 Please include a reference in the text to the proximity to
W aterbodies receiving water body map in Attachment C.
3 .3 -Receiving The list of receiving waterbodies should include all 303(d)
W aterbodies 2 listed impaired waterbodies downstream of the project site
and their associated pollutants, which includes San Juan
Creek (mouth).
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
3.4-Stormwater The pollutants in Table 3 .4 should reflect the categorizations
Pollutants of in SOC TGD Section 2.3.4.5, copied below. Please update
Concern this table accordingly.
Primary Pollutants of Concern are any pollutants anticipated
to be generated by the project using Table 2-4 that have also
I been identified as causing impairment of project receiving
waters (Table 2-6) or for which a TMDLs is in place (Table
2-7)
Other pollutants of concern are those pollutants anticipated
to be generated by the project using Table 2-4 that have not
been identified as causing impairment in the project's
receiving waters.
3.4-Stormwater Comment contingent upon trash being a primary
Pollutants of pollutant of concern: Per SOC TGD Section 4.4.4, where
Concern 2 trash is identified as a primary pollutant of concern, BMPs
must be designed to remove trash that is 5 millimeters and
greater. The source control measures (ie. trash bins, etc.) are
not sufficient. Please include documentation that details how
the proposed structural BMP meets these requirements.
3.5 -Hydrologic Please include a reference and description to the Hydrology
Conditions of I Map located in Attachment C in the text of this section.
Concern Please add Titles to the different maps, legends, and callouts
as necessary to let the reader know what the map is showing.
4.1 -Drainage Please reference the drainage/site map included in Appendix
Management Area C in the text. Please also discuss the parkway drain #2 shown
Delineation I on the map and the runoff this pipe collects. Why is it not
being treated? From the information provided, the reviewer
interprets it as a wet well that is collecting ground water and
pumping it up and draining it into the street.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
4.1 -Drainage Please include reference to relevant support (e.g. Geotech
Management Area 2 Report.) which influenced the feasibility of and the siting of
Delineation the structural BMP within the text, as well as a description in
the narrative.
4.3 -Drainage Please include how site design concepts were considered and Management Area 1
Characteristics and incorporated into the project plans in the project narrative in
Site Design BMPs Section 3.4.1.
5.0 -Low Impact I Please include a textual reference to the Attachment that
Development BMPs includes all supporting calculations and worksheets for the
proprietary BMP.
5.0 -Low Impact This section references Appendix D to size the Modular
Development BMPs Wetland System BMP using Worksheet D, which is from an
2 outdated version of the TGD from 12-20-2013. Ensure that
the submittal is referencing and using worksheets from latest
version of the TGD from 12/21 /2018 located here.
Worksheet 9 should be used to size the compact biofiltration
BMP.
5.0 -Low Impact According to SOC TGD-12/21/2018 (Pg. 4-24),
Development BMPs in order to use proprietary treatment BMPs with no volume
reduction in lieu of non-proprietary BMP with partial
infiltration, the developer must prove:
a) the site has been designed per criteria in Section 4.2.4.1,
and demonstrate that the non-proprietary device would
3 require more size than is available. Consideration must be
given to the reduction of size required given the use of HSCs.
b) If the result is that the space is less than can support a non-
proprietary BMP within acceptable design assumptions,
proprietary BMPs would be preferable, and subject to
acceptance criteria of Appendix J.
Spec. Section/ Item Reviewer's comment Response Dwg. Sheet# #
Please address these requirements in the narrative, and be
sure to include the relevant justifications/calculations in the
referenced Appendix to address the points above.
5.0 -Low Impact Please describe the credit taken towards DCV retention for
Development BMPs the HSCs and include calculations and worksheets, as
4 needed. State whether the DMA is self-retaining after credit
from the hydro logic source controls. If no credit is being
taken for HSCs, then please provide a statement in Section
5 .1 .1 discussing why HS Cs could not feasibly be
implemented.
5.0 -Low Impact Please be sure to include rationale within the narrative,
Development BMPs 6 corresponding to the requirements outlined in Section 5.0
Item 3 above, as to why space constraints could not be
mitigated in the site design.
5.0 -Low Impact Please provide a reference in the text of Section 5.2, directing
Development BMPs 7 the reviewer to the attachment containing the background
calculations for the results displayed in the Table. In this
attachment be sure to provide the relevant equations and
methodology so the reviewer can easily follow along.
6.0-In Appendix C, include the San Juan Capistrano Exemption
Hydromodification 1 Map from TGD Appendix N that shows where the site is and
BMPs whether it is exempt from hydromodification requirements.
7.0 -Educational Ensure that only applicable educational materials that should
Materials Index 1 be provided for homeowners are included in the Section 7
table, and that the educational materials in the Section 7 table
and those included in Attachment A align.
Attachments 1 All required attachments and information to be included in
the Final WQMP as commented on above.
ORANGE COUNTY FIRE AUTHORITY
Fire Prevention Department
P. 0. Box 57115, Irvine, CA 916/9-7115 • l Fire Authority Road, Irvine, CA 92602
Planning and Development Services• www.ocfa.org • (714) 573-6100 I Fax (714) 368-8843
Date: May 6, 2024
Laura Stokes
Page 1 of 1
To:
City of San Juan Capistrano
From: Rich Swanson, Fire Prevention Analyst
City Reference #AC 23-008 Subject:
OCFA Service Request SR #181111
Camino Twelve
25642 Camino Del Avian
San Juan Capistrano, CA
Service Code: PR105 Site Development Review
The OCFA has reviewed the proposed project concept and based on this initial assessment the project appears
to be capable of complying with current code requirements. Contingent upon approval of the CUP by the
Planning DepartmenUPlanning Commission, the conditions listed below are applicable to this project; please
provide them in the resolution issued to the applicant. If you need additional information or clarification, please
contact me by phone or email: (714) 573-6123, richswanson@ocfa.org.
CONDITIONS OF APPROVAL
Plan Submittal: The applicant or responsible party shall submit the plan(s) listed below to the Orange County
Fire Authority for review. Approval shall be obtained on each plan prior to the event specified.
Prior to OCFA clearance of a final map or issuance of a precise grading permit or a building permit, if a grading
permit is not required:
• fire master plan (service code PR145)
• The fire master plan shall indicate that both buildings will be built as townhouses per the California
Residential Code (CRC), and each unit will be separated with double-wall construction, per the CRC.
• All plans shall match the retaining wall and fire lane configuration shown on Sheet F2 of the
development review plan set (OCFA SR#181111 ). Retaining wall and fire lane configurations shown
on other sheets are not acceptable.
Prior to issuance of a building permit:
• fire sprinkler system (service codes PR405)
Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy,
all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial
compliance with codes and standards applicable to the project and commensurate with the type of occupancy
(temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA
Inspection Scheduling at 714-573-6150.
Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall
receive clearance from the OCFA prior to bringing combustible building materials on-site. Call OCFA
Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at
least five days in advance to schedule the lumber drop inspection.
Serving the Cities of: Aliso Viejo • Buena Park • Cypress • Dana Point • Garden Grove • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods
Lake Forest• La Palma• Los Alamitos • Mission Viejo • Rancho Santa Margarita •San Clemente • San Juan Capistrano • Santa Ana
Seal Beach• Stanton• Tustin• Villa Park• Westminster• Yorba Linda• and Unincorporated Areas of Orange County
EXHIBIT A -APPENDIX 3
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J0141 AGOURA ROAD, SUITE 215
AGOURA HILLS CA 91]01
PH [818)707-8648
FAX!818)707-66'19
J I
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TENTATIVE TRACT NO. 19310 1~
25642 CAMINO DEL AVION ~
SAN JUAN CAPISTRANO, CA 92675 F3 ~
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