Resolution Number 05-06-07-02RESOLUTION NO. 05-06-07- 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
AND APPROVING TENTATIVE TRACT MAP 16802 FOR THE
DEVELOPMENT OF 8 CONDOMINIUM LOTS ON AN EXISTING 4
PARCELS LOCATED AT 31281 DON JUAN AVENUE, GENERALLY
LOCATED 30 FEET NORTH OF DON JUAN AVENUE, 70 FEET WEST OF
1-5, AND 1,000 FEET EAST OF EL CAMINO (ASSESSOR'S PARCEL
NUMBERS 649-271-68, 67, 66 & 65; MAYERS & ASSOCIATES) (SAN
JUAN CONDOMINIUMS).
WHEREAS, Mayers & Associates Civil Engineering, Inc., on behalf of the
property owner, requests approval of a subdivision map to create eight (8) condominium
lots on a previously approved four (4) duplex project and parcel map located at 31281 Don
Juan Avenue, generally located 30 feet north of Don Juan Avenue, 70 feet west of 1-5 and
1,000 feet east of EI Camino. The property has a General Plan designation of "MHD"
(Medium High Density 3.5 to 8.0 du/ac), and a Zoning Designation of RG 4,000 Residential
Garden; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.345, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, has issued a Mitigated Negative Declaration pursuant to Section 15070 of
those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and all mitigation measures
will be included in the final approving resolution as conditions of approval; and,
WHEREAS, on October 4,1988, the City Council adopted Resolution No. 88-
10-4-3 conditionally approving Tentative Parcel Map 87-306, Meadows, a subdivision of an
approximately 1.8 acre parcel into four residential lots; and, the proposed tentative tract
map will not result in any significant physical changes to footprint of the previously
approved site plan associated with Parcel Map 87-306
WHEREAS, on August 12, 2003, the Planning Commission reviewed and
approved preliminary design plans for the construction of four duplex units as required by
the conditions of approval for Tentative Parcel Map 87-306; and delegated the Design
Review Committee the authority to review and approve the preliminary landscape plans
and building finish colors; and,
WHEREAS, on May 20, 2004, the Design Review Committee approved the
landscape plans and building finish colors. The applicant shall implement the approved
landscape plans and building finish colors; and,
06-07-2005
WHEREAS, On April 26, 2005, the Planning Commission conducted a duly -
noticed public hearing and approved Resolution 05-4-26-1 recommending adoption of a
Mitigated Negative Declaration and recommending City Council approval of Tentative Tract
Map 16802; and,
WHEREAS, the City Council conducted duly -noticed public hearing on June
7, 2005 pursuant to the provisions of Section 9-2.335 of the Title 9, Land Use Code,
Administrative Policy 409, and Planning Department Policy 510 to consider public
testimony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
The proposed tentative tract map is consistent with the General Plan Land Use
Element in that the property has a General Plan designation of "Medium High
Density Residential" which allows single-family dwellings, mobile home parks,
duplexes, and multiple -family dwellings including condominiums, and town homes
up to eight (8) dwelling units per gross acre. The proposal would create 8 (eight)
condominium lots at a density of 4.4 du/acre. The proposed tentative tract map is
consistent with the General Plan because the approved duplex housing is expressly
allowed by the "2.4 Medium -High Density Residential" land use designation and the
development density of 4.4 du/acre is just more than half of the 8.0 du/acre
maximum allowable gross density; and, --
2. The design of the proposed improvements include access and utilities, which are
consistent with the General Plan and applicable standards. Access to each unit will
be provided through a common 25' wide private drive for ingress and egress
purposes, fire access, and all required utilities. The private drive and the common
open space area will be maintained by the HOA, required to be formed as part of
the final tract map approval. The previously approved design and improvements
with respect to utilities are consistent with the General Plan and Title 9 of the Land
Use Code; and,
3. The site is physically suitable for the project, because the project would allow for
development of residential units on a 1.80 acre parcel, and would result in a multiple
family project generally consistent with the surrounding residential community which
is comprised of single family and multiple -family dwelling units. The conditions of
approval for the 1989 Tentative Parcel Map (TPM) required City review and
approval of grading, landscape, architectural and site plans for the property. These
plans have been previously reviewed and approved by the Design Review
Committee and Planning Commission to assure compatibility of site development
with the property's unique constraints; and,
4. The site is physically suitable for the proposed density, because the December
1999 update to the General Plan confirmed the 2.4 Medium -High Density
Residential designation forthe 1.80 acre site. The substantial grading, necessaryto
create access, parking, and building pads, has been previously reviewed and
approved by the Planning Commission. The City's previous approval in 1989 of a 4
06-07-2005
lot parcel map which allowed 4 duplex structures determined that the site is suitable
for the proposed density of development. As previously noted, the General Plan
designation of "Medium High Density Residential" allows 3.5 to 8 dwelling units per
gross acre, and the approved duplex structures result in a gross density of 4.4
dwelling units per gross acre; and,
The project will not adversely impact wildlife habitat, because the proposed tact map
is not located adjacent to an area that contains wildlife or habitat. As part of the
City's environmental review process and analysis for consistency with the California
Environmental Quality Act (CEQA), the City must identify project related impacts on
endangered or threatened animal and plant species, and the presence of habitat for
such species. The project site exists as an undeveloped sloping parcel, with single
and multiple family residences, Interstate 5 freeway, and public streets surrounding
the subject parcel. No direct connections to open areas, or wildlife corridors exist in
the immediate vicinity of the parcel in question. The Initial Study prepared for this
project determined that the potential impacts to the environment or wildlife in the
area will be below a significant level; and,
6. The project will not result in serious health impacts, because conditions of approval
have been added to ensure compliance with minimum noise standards. The project
is located immediately adjacent to the Interstate 5 Freeway, and has the potential to
expose future residents to noise levels which exceed City standards. Proper noise -
attenuating construction is necessary to mitigate potential impacts from the 1-5
freeway noise. The City has adopted an overlay Noise Management District which
applies to those properties impacted by a mobile noise sources which produce a
noise level of 60 dB(A) or more measured on the Community Noise Equivalent
Level (CNEL) scale. Adopted noise standards for residential type land uses
establish a maximum CNEL of 65 dB(A) for exterior areas, and a 45 dB(A) for the
interior of residential structures. To ensure that noise related impacts to the
proposed residential lots are appropriately mitigated, the conditions of approval
established forthe approved parcel map, which include conditions to address noise
impacts, have been included in this report for reference; and,
7. The design of the proposed map will not conflict with any public easements,
because the project has been designed to avoid or relocate all affected easements.
The private driveway will be privately maintained by the Home Owners Association;
and,
8. The project will not interfere with historical sites, because there are no historical
structures affected by the project and mitigation measures have been added to
protect any subsurface resources. In order to mitigate any potential historic features
that are discovered during construction and in order to ensure that they are
appropriately mitigated, conditions that require monitoring during construction have
been included in the conditions of approval.
06-07-2005
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby recommends approval of the project and
approval of a Mitigated Negative Declaration subject to the conditions of approval
established by Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective immediately upon adoption. This project approval shall be valid for a
period of 24 months from the date of approval of this resolution, and shall expire on May
11, 2007 unless a time extension is requested and approved or a final map is filed with the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2005.
72 AF74 AR
ATTEST:
11 u
!i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 05-06-0742 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 7th day of
June 2005, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
rr ;
MAWGARIET R. MONA III N, City Jerk
EXHIBIT A: CONDITIONS OF APPROVAL
PLANNING COMMISSION RESOLUTION 05-04-26-1
Project #: TTM 16802 Project Name: San Juan Condominiums
APPROVAL DATE:
June 7, 2005
EFFECTIVE DATE:
June 7, 2005
EXPIRATION DATE:
June 7, 2007
These conditions of approval apply to Tentative Tract Map # 16802 to create 8 (eight)
condominium lots on a previously approved 4 (four) duplex project on a 1.8 acre parcel
zoned RG -4,000 located at 31281 Don Juan Avenue, generally located 30 feet north of
Don Juan Avenue and 70 feet west of 1-5, and 1,000 feet east of EI Camino Real. Any
proposed change of use or expansion of the area or modifications to the site plan or
structures shall be submitted to the City Planning Department along with the required
application and fee, for review. For the purpose of these conditions, the term "applicant"
shall also mean the developer, the owner or any successor(s) in interest to the terms of this
approval.
General Conditions:
Tentative Tract Map # 16802 is granted to create 8 (eight) condominium lots
on a previously approved 4 (four) duplex project on a 1.8 acre parcel zoned
RG -4,000 located at 31281 Don Juan Avenue, generally located 30 feet
north of Don Juan Avenue and 70 feet west of 1-5, and 1,000 feet east of EI
Camino Real (APN's 649-271-68,67,66,65).This approval is granted based
on the application materials submitted by Mayers & Associates Civil
Engineering, Inc. on November 8, 2004, prepared by Mayers & Associates
Civil Engineering, Inc. including tentative tract map, elevations, floor plans,
and landscape plans. These plans and the proposed use of the site are
approved as submitted and conditioned herein, and shall not be further
altered unless reviewed and approved by the affected city departments.
Minor modifications to this approval which are determined by the Planning
Director to be in substantial conformance with the approved site plan, and
which do not intensify or change the use or require any deviations from
adopted standards, may be approved by the Planning Director upon
submittal of an application and the required fee. If not appealed, this
approval shall become effective on the first business day following the
fifteenth (15th) day after the date of the Planning Commission's approval and
shall expire May 11, 2007 (24) months after the effective date of the approval
unless the use or occupancy which is the subject of this action has taken
place and all conditions of approval have been met, or a time extension has
been granted by the City. Any application for an extension of time shall be
submitted to the Planning Department, along with the required fee, at least
ninety (90) days prior to the expiration date of this approval.
All conditions of approval associated with the original approvals of PM 87-
306, and set forth in Resolutions 88-10-4-3 and 89-10-17-1 and 03-08-12-3
are attached hereto and incorporated herein for reference.
3. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
4. _ All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano, its
officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition
of approval of the City Council, Planning Commission, or City Planner. The
City shall promptly notify the applicant of any claim, action, or proceeding
concerning the project and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
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 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.
Sign approval for the project is a separate process requiring the issuance of
a sign permit and building permits, and is subject to review and approval by
the Planning Department and Building and Safety Department.
_ In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions
and the plans or final revised plans that are approved for any subsequent
phase, the conditions and/or plans as stipulated in the later approval shall
prevail.
The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
10. 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.
*Denotes Environmental Mitigation Measure
11. _ The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of Orange
for processing environmental documents.
12. _ All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and -Safety Department prior to issuance of
any permits, final inspections, utility releases and/or release of securities, as
specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
13. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
14. _ Construction Cost Estimate. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review, and obtain approval
for, an estimate of quantity and construction costs prepared by a Registered
Civil Engineer. Said estimate shall include costs for construction of all
applicable grading, erosion control and water quality devices, street
improvements, signing and striping, street lights, storm drains, water, sewers,
recreational trails, landscape, irrigation systems, setting of survey
monuments and centerline ties. (ENG)
15. _ Post Bond/Provide Securities. Prior to issuance of a grading permit, the
applicant shall provide Performance Bonds/securities for 100% of each
estimated improvement cost as prepared by a Registered Civil Engineer and
approved by the City Engineer and City Attorney for each applicable, but not
limited to, street improvements, signing, signalization, striping and street
lights; storm drains, sewer, recreational trails, landscaping and irrigation in
rights-of-way, private slopes and open space. In addition, the applicant shall
provide Labor and Materials Bonds/securities for 100% of the above
estimated improvement costs as determined by the City Engineer. (ENG)
*Denotes Environmental Mitigation Measure
16. _ Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Conceptual grading plans
shall be subjectto review bythe Design Review Committee. Precise grading
shall be consistent with the approved conceptual grading plan and site plan.
These plans shall show, at minimum, the limits of grading, the drainage, any
applicable retention/detention basins, sewer, water, trails, parkways, streets
and all appurtenant improvements. The extent of the topography shall be
extended enough to determine the geological and drainage impacts to
adjacent properties. The elevations shall correspond with the orange County
benchmark datum. All drainage must be treated prior to being conveyed to
the street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System (NPDES) requirements. (ENG/PLN)
In addition, the grading plans shall show the following information:
a. Location, height, materials and colors of any retaining walls. (PLN)
b. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall -
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (PLN)
17. '_ Drainage Improvement plans. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review and obtain approval for
Drainage Improvement Plans, specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans shall show
locations of all existing and proposed facilities. All drainage must be treated
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System. If an
existing down stream drainage facility is inadequate, or, in the opinion of the
City Engineer, is not sufficiently save to properly carry the proposed and
altered discharge generated by this project, the applicant shall then design
and provide other alternative methods for properly conveying such discharge,
at applicant cost, in a manner acceptable to the City Engineer. Any deviation
from such requirements shall be subject to City Engineer review and
approval. Every proposed drainage system shall be placed within its proper
easement and appropriately dedicated. (ENG)
'Denotes Environmental Mitigation Measure
18. * _ Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a
precise grading permit, the applicant shall submit to the City Engineer for
review and obtain approval for a Storm Runoff Management Plan, prepared
by a Registered Civil Engineer showing existing and proposed facilities,
hydraulic and hydrologic study and calculations and the methods of draining
on-site and tributary areas without exceeding the capacity of any impacted
street or facility and without negatively affecting existing downstream
drainage systems and properties. Said study shall be consistent with the
City's Master Drainage Plan in accordance with all applicable City
regulations, OCEMA design criteria, and standards. Any exception shall be
subject to review and approval by the City Engineer. (ENG)
19. *_ Soils/Geology. Priorto issuance of grading permit, the applicant shall submit
to the City Engineer for review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist
and Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (ENG)
20. *_ Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall submit to the City Engineer for
review and shall obtain approval for Erosion and Sediment Control Plans,
using Best Management Practices prepared by a Registered Civil Engineer.
These plans shall show, in accordance with the NPDES Permit, all temporary
and/or permanent erosion and sediment control measures, effective planting
of graded slopes, practical accessibility for maintenance purposes and
proper precautions to prevent public trespass onto certain areas where
impounded water may create a hazardous condition. (ENG)
21. Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty
cubic yards in and out of the project site, the applicant shall submit to the
City Engineer for review and obtain approval for, a Haul Route Plan specific
to the project and in compliance with all applicable City standards. The Haul
Route Plan shall specify dates, times, and headways for hauling activities.
Prior to commencement of haul activities, the applicant shall obtain a Haul
Route Permit and pay required fees to the Engineering Department. (ENG)
22. — Traffic Control Plans. Prior to issuance of grading and right-of-way
improvement priority, the applicant shall submit to the City Engineer and
obtain approval for Traffic Control Plans and final improvement plans for all
traffic mitigation improvements, including both on-site and off-site, as
identified in the approved Traffic Study prepared pursuant to City Council
Policy 310. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
*Denotes Environmental Mitigation Measure
23. _ Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading
and right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and obtain approval for a program complying with the
requirements of the California Integrated Waste Management Act of 1989 to
reduce construction and demolition debris through recycling. (ENG)
24. _ Construction Mitigation Program. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall provide to the Engineering and
Building Director a construction mitigation program. Any exception shall be
subject to review and approval by the City Engineer. (ENG)
25. _ Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show
that all street sections located within 20 feet or less, from the toe of the slope
of 10' in height or more, are protected from underground water seepage by
providing a positive drainage barrier system in accordance with City Standard
Drawing No. 350. Any exception shall be subject to review and approval by
the City Engineer. (ENG)
26. _ Connection to City Drain must be Documented and Filed. Priorto issuance of
grading permit, any proposed connections to existing public storm drains
system, from on-site drains, must be approved by the City Engineer. All
documentation and revisions to exiting plans where points of connections are
permitted, shall be provided and submitted by the applicant's engineer at
applicant's expense, prior to acceptance to improvements and release of
performance securities. (ENG)
27. _ NPDES — Water Quality Requirements and Compliance. Priorto issuance of
grading and right-of-way improvement permits, the applicant shall submit to
the City Engineer for review, and shall obtain approval for, a Water Quality
Management Plan (WQMP) specifically identifying structural and non-
structural Best Management Practices (BMP's) that will be used on-site to
control predictable pollutant runoff. The applicant shall obtain and follow the
City of San Juan Capistrano's WQMP outline and instructions. The applicant
shall also comply with all the requirements of the latest NPDES Permit, the
City's Water Quality Ordinance & Local Implementation Plan and the Clean
Water Act. (ENG)
28. NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of one
(1) acre, the applicant shall submit a Notice of Intent (NOI) To the California
State Water Resource Control Board for coverage under the State National
Pollutant Discharge Elimination System Program (NPDES) General Permit
for storm water discharges associated with development/construction activity
in excess of one (a) acre of land. Evidence that this requirement has been
met shall be submitted to the City Engineer. (ENG)
*Denotes Environmental Mitigation Measure
29. _ Public facilities located in easements. Priorto issuance of grading permits, all
public facilities such as drainage, sewer, and water shall be designed to be
located within the public right-of-way or within dedicated easements, as
approved by the City Engineer. (ENG)
30. _ Permission to Grade from Others. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer, for any necessary off-site
grading, a notarized written permission from adjacent property owners
affected by said off-site grading. (ENG)
31. _ Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to
the City Engineer when the pre -developed storm runoff onto any adjacent
property is increased, concentrated, diverted, or changed in any form as
required by State law. Any request to deviate from this requirement shall be
subject to review and approval by the City Engineer. (ENG)
32. _ Off-site Easements. Prior to issuance of a grading permit, 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. (ENG)
33. _ Resource Agency Approval. Prior to issuance of a grading permit, the
applicant shall provide, to the satisfaction of the Planning Director, written
documentation indicating approval from resource agencies, if applicable or
grading within delineated wetlands or other jurisdictional areas. (PLN)
34. _ Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way,
emergency access including the spine access road, traffic/parking study, and
the on-site driveway and loading zone emergency access areas of the
proposed project shall be reviewed and approved by the Orange County Fire
Authority (OCFA).
35. _ Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall be responsible to obtain, from the
Orange County Fire Authority (OCFA) the required fire flow demands and fire
protection requirements to serve said Tentative Tract Map (TTM) 16802.
(PW)
*Denotes Environmental Mitigation Measure
36. _ Water System Connection. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall submit to the City Engineer and
District Engineer the proposed water system that shall connect the existing
14 -inch high pressure water transmission main that is in a 10' water
easement located along the south property line of lot 1 of Parcel Map 87-
306. In addition to the connection to 14 -inch water main, a connection must
be provided to the existing 4 -inch water main in Don Juan Ave. This 4 -inch
connection will be the projects secondary water source that would be used if
the 14 -inch water transmission main had to be shut down. The connection to
the 4 -inch water main shall be made with a new resilient wedge gate valve
that would be turned off in the closed position resulting with a normally
closed valve situation. (PW)
37. _ Sewer and Water Plans. Prior to the issuance of grading and right-of-way
improvements permits, The applicant shall submit to the City Engineer and
the Public Works Director for review of sewer and water plans prepared by a
Registered Civil Engineer. These plans shall be specific to the project and
shall reflect consistency with the City's Sewer and Water Master Plans, City
municipal codes, standards, specifications, and City water standard
specifications. The sewer plans shall indicate that all proposed sewer
manholes shall be lined with polyurethane, or equal approved material, at the
applicant's cost to the satisfaction of the City Engineer. (PW)
38. _ County Surveyor Requirement. Prior to any construction, existing controlling
monumentation shall be protected by tying it out and filing Corner Records
with the County Surveyors Office showing those ties prior to construction.
The applicant shall replace said monumentation in the new surface following
construction, and again file a Corner Record with the County Surveyors
Office showing the final monumentation. (ENG)
The following conditions shall be completed prior to Final Map Approval:
39. _ Street Improvement Plans. Prior to final map approval, the applicant shall
submit to the City Engineer, for review and obtain approval for, Street
Improvement Plans prepared by a Registered Civil Engineer. Said plans shall
be designed per City standards and shall show all existing and proposed
improvements, including but not limited to street grades, street lights,
applicable striping, signage, sewer, water, and all related appurtenances.
(ENG)
40. _ Compliance with Map Act and Municipal Code. Prior to approval of each 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. The attention of the applicant and his engineer are
directed to Section 9-2.3 and 9-4 of the Municipal Code. (ENG)
*Denotes Environmental Mitigation Measure
_ 41. _ Dedications and Maintenance Responsibility. Prior to approval of each final
map, the applicant 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. (ENG)
42. _ Access Rights Dedication. The final map shall indicate that all access rights
shall be granted to the City for the purpose of allowing access over private
drives within the development for all City vehicles, including police, fire, and
other emergency vehicles. (ENG)
43. — Sewer and Water Plans. Prior to final map approval, the applicant shall
submit to the City Engineer and the Public Works Director for review, and
shall obtain approval for, sewer and water plans prepared by a Registered
Civil Engineer. These plans shall be specific to the project and shall reflect
consistency with the City's Sewer and Water Master Plans, City municipal
codes, standards, specifications, and Citywater standard specifications. The
sewer plans shall indicate that all proposed sewer manholes shall be lined
with polyurethane, or equal approved material, at the applicant's cost to the
satisfaction of the City Engineer (ENGiPW).
44. _ On -Site Utility Plans. Prior to final map approval, the applicant shall obtain
approval of said plans by the City Engineer, and shall obtain approval for a
Site Plan prepared by a Registered Civil Engineer showing the sewer and
water service lines and their corresponding points of connection with the City
public main lines. The site plan shall be specific to the project which reflects
consistency with the City's Sewer and Water standards. (ENG)
45. _ CC & R's. Prior to final map approval, the applicant shall submit the
Planning Director, City Engineer, and City Attorney for review, and shall
obtain the approval for, a set of Covenants, Conditions and Restrictions
(CC&R's). Said CC&R's shall be recorded with the final map and shall
include, but not be limited to, the following:
Creation of a Homeowner Association (HOA) 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 entry, slopes, fuel modification zones, irrigation
systems, landscaped areas, walls, driveways, parking areas, structures,
street lights, drainage facilities, and all other areas to be owned and
maintained by the HOA. All improvements, including but not limited to,
streets, 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 HOA, or shall make other provision for maintenance, as
approved by the City Council. (ENG)
*Denotes Environmental Mitigation Measure
The establishment of setback and height requirements for additions and
accessory structures conforming to the development standards for the
project and the San Juan Capistrano Land Use Code. (PLN)
C. A statement indicating that open space (as provided in lettered Lot B on the
tentative map) shall be reflected on the final map by the Homeowners
Association, or other entity approved by the City, as designated open space
with no structures allowed in perpetuity and maintained by a Homeowner
Association or other entity approved by the City, and that no development or
encroachment shall be permitted within the designated Lot B. (PLN)
d. A statement indicating that proposed amendments to any of the CC&R's
shall be submitted for review to the Planning Director and that, if the Director
determines that the amendment 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. (PLN)
e. A provision that gives the City the right to assume maintenance of any
NPDES facilities, if the City determines thatthe 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.
(ENG)
A provision that requires City approval of any amendment to the CC&R's that
will, in any manner, affect the maintenance, function, or integrity of NPDES
facilities. (ENG)
g. A statement indicating that by October first of every year, annual fiscal year
reports will be furnished to the City in compliance with the reporting
requirements of codes and ordinances adopted by the City with respect to
the NPDES program. (ENG)
46. _ Dry Utilities. Priorto final map approval, the applicant shall submit to the City
Engineer, for review and obtain approval for, Electrical Gas, Telephone and
Cable Television Installation Plans which include the size and location of all
above ground pedestal, to ensure compatibility with existing and proposed
improvements. Pedestals shall be located in areas with limited visibilityto the
general public, and screened with landscaping to the extent feasible. The
applicant shall coordinate with utility providers to ensure that required public
improvements are not in conflict with existing or proposed utilities, and that
utility devices may be screened on the site to the extent practicable. Any
exception shall be subject to review and approval by the City Engineer.
(ENG)
'Denotes Environmental Mitigation Measure
_ 47. _ Water Development Charges. Prior to final map approval, the applicant shall
pay all applicable Domestic Water Development Charges in accordance with
the City's Schedule of Rates and Charges, as last revised and in compliance
with the City water standard specifications. (PW)
48. _ Dedication of Water Rights. Prior to final map approval, the applicant shall be
responsible to dedicate all water rights, public water facilities, and any
required water easements to the City, at no cost to the City, in accordance
with City water standard specifications. These water rights, public water
facilities, and water easements shall be dedicated to City on the Final Map.
(PW)
49. _ Construction Cost Estimate. Prior to final map approval, the applicant shall
be responsible to provide an engineer's construction cost estimate of the
water facilities to be dedicated to the City and said cost estimate will be used
as the basis for the calculation of a portion of the fees and the surety
amount. (PW)
50. _ Required Surety Bond. Prior to final map approval, the applicant shall be
responsible to post the required surety bond, or other acceptable form of
security to guarantee completion of the water facilities that are to be
dedicated to the City. (PW)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
51. _ Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all the domestic water system
and irrigation facilities required to serve the subject project in compliance
with City municipal codes and the City's water standard specifications. (PW).
52. *_ Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for review
and approval. Final Landscape Plans shall show the following information
and requirements: (PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought
resistant plants as required by the Design Review Committee (DRC).
b. Turf areas shall be designed to minimize overspray. Turf areas shall be
separated from non -turf areas by a mow strip or redwood header.
c. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
*Denotes Environmental Mitigation Measure
d. Backflow devices shall be located so as to be visually inconspicuous, or
screened with landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used as required by the Design Review Committee (DRC).
f. Location, height, materials and colors of all proposed and existing walls
and fences.
g. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices,
etc.
h. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures as required
by the Design Review Committee (DRC).
Screening of all retaining walls from surrounding neighborhood and
distant views.
53. _* Lighting Plans. Prior to issuance of building permits, the Final Lighting Plan
shall be submitted to the Planning Department for review. Plans shall be
consistent with the Planning Commission approved lighting plan and
photometric Plan. (PLN)
54. _ Architectural Building Plans. Prior to the issuance of a building permit, the
applicant shall submit architectural plans for the review and approval of the
Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
55. _ Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit,
the applicant shall submit plans for the required automatic fire sprinkler
system in all structures to the Fire Chief for review and approval. Prior to the
issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief. Please
contact the OCFA at (714) 573-6100 to request a copy of the "Orange
County Fire Authority Notes for New NFPA 13 Commercial Sprinkler
Systems." (OCFA)
*Denotes Environmental Mitigation Measure
56. _ Fire Access Roads. Prior to the issuance of building permits, the applicant
shall submit a Fire Master Plan and obtain approval of the Orange County
Fire Authority for all fire protection access roads to within 150 feet of all
portions of the exterior of every structure on site. The plans shall indicate the
locations of red curbs and signage and include a detail of the proposed
signage including the height, stroke and colors of the lettering and the
contrasting background. The plans shall also indicate the location(s) of all fire
hydrants proposed for the project. Please contact the OCFA at (714) 573-
6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access." (OCFA)
57. _ Hazardous Materials. Priorto the issuance of a building permit, the applicant
shall submit to the Fire Chief a list of all hazardous, flammable and
combustible liquids, solids or gases to be stored, used or handled on site.
These materials shall be classified according to the Uniform Fire Code and a
document submitted to the Fire Chief with a summary sheet listing the totals
for storage and use for each hazard class. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Completing Chemical Classification Packets." (OCFA)
58. _ Applicable Codes. Priorto issuance of building permits, plans forthis project
shall be submitted to the Building and Safety Department for review and
approval, and shall comply with the latest City adopted edition. (B&S)
59. _ Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component of
the building design. All roof -mounted equipment shall be screened from
view by parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
'Denotes Environmental Mitigation Measure
c. Elevations shall note that all gutters and downspouts shall be concealed
unless painted to match the surface to which it is attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
e. Exterior building finish and colors as approved by the Design Review
Committee.
The following conditions and requirements shall be met during construction, from
the beginning of the first ground -disturbing activity until the use has been released
for occupancy.
60. _ Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Water Quality Management Plan
c. Haul Route Plan
d. Traffic Control Plan
e. Construction Debris Recycling Plan
f. Temporary Use Permit for construction trailer and staging areas.(PLN)
61. *_ Preconstruction Meeting. Contractor shall attend a pre -construction meeting
with the Building and Safety Department prior to commencement of any
construction on the site. (B&S)
62. Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen
drainage issues: (ENG)
a. If any drainage problem is identified or does occur during construction, the
applicant shall provide and implement a solution acceptable to the City
Engineer at no cost to the City, and submit a recorded instrument to insure
the future of the solution. (ENG)
*Denotes Environmental Mitigation Measure
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering and
Building Director and shall be subject to supplemental Geotechnical Soils
Report and additional fees. (ENG)
63. _ Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have bee approved by the
City. (ENG, B&S)
64. _ Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a
public nuisance is not permitted. (ENG)
65. _ Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or any
Federal holiday.(PLN)
66. _ Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials. (PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission to
use or occupy the project site, as specified below:
67. _ Complete all improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release
of performance securities, whichever occurs first, the applicant shall
complete, to the satisfaction of the City Engineer, all facility improvements
required and necessary to serve the development in accordance with the
approved plan and approved exceptions. (ENG)
68. Provide As -Built Molars/Digital Format. Prior to acceptance of improvements
and release of performance securities, the applicant shall submit to the City
Engineer for review and obtain approval for the reproducible "As Built'
Duplicate Mylar Plans of all improvement works completed and accepted.
Said plan shall be prepared by a Registered Civil Engineer. Additionally, the
applicant shall submit digital copies of all "As Built' plans, at no cost to the
City, in accordance with the latest edition of the City of San Juan Capistrano
Digital Submission Standards. (ENG)
`Denotes Environmental Mitigation Measure
69. _ Monumentation Restored and Corner Records Filed with County. Prior to --
acceptance of improvements and release of performance securities, the
applicant's surveyorshall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer
and filed with the County Surveyor in compliance with AB 1414 and Section
8771 of the Business and Professional Code. (ENG)
70. _ Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant
shall submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from
the signed plans of all the domestic water system, non-domestic (recycled)
water system, and the landscape irrigation system, sewer, These "Record
Drawings" are also required in digital format, at no cost to the City, in
accordance with the latest edition of the "City of San Juan Capistrano Digital
Submission Standards." (PW)
71. _ Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer, for review and obtain approval for, a video tape,
filmed in the presence of a City Staff representative/inspector, of all sewer
and drainage improvements. The video shall become the property of the —
City. Any exception shall be subject to review and approval by the City
Engineer. (ENG)
72. Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior to
acceptance of improvements and release of performance securities, the
applicant shall remove any existing drives and/or curb depressions that are
determined to be unnecessary by the City Engineer and shall replace them
with full height curb and sidewalks. (ENG)
73. _ Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged
during construction may require to be repaired or replaced by the applicant,
depending on the condition of these improvements prior to and after
construction. (ENG)
74. Solid Waste Reduction/Recycling Management Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall
include, but not be limited to: 1) distribution of separate receptacles for
recyclables and trash throughout the project site; 2) separate dumpsters for
recyclables and trash; 3) signs posted near all receptacles conveying
information regarding recyclable materials; 4) sorting of trash collected
throughout the project site by facilities staff prior to dispensing in dumpsters;
and, 5) restrictions on product type that will be offered at concessions or
vending throughout the project site. (PLN/ENG)
'Denotes Environmental Mitigation Measure
75. _ Installation of Landscaping. Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. The
developer shall provide a certification, from a licensed Landscape Architect,
stating that the landscape materials and irrigation system (tested for full
coverage) have been planted and installed in compliance with the approved
landscape plans. Final Landscape Plan shall be installed to the satisfaction
of the Planning Department. (PLN)
76. _ Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all improvements
cannot be installed prior to occupancy, the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements
provided that a bond, cash deposit, or other surety in a form and substance
approved by the City Attorney, is submitted to the City in lieu of installation of
the improvements, that application and required fees are submitted, and that
the incomplete improvements will not create an unsafe condition on the site.
The term of the deferral shall be as determined by the City Planner. (PLN)
77. _ Final Planning Inspection. A minimum of one week prior to final inspection by
—_ the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application. (PLN)
78. _ Utility Under -grounding. Prior to issuance of certificate of occupancy, the
applicant shall underground, at no cost to the City, any overhead utility lines
within the property and along its street frontage(s) to the satisfaction of the
City Engineer. Any exception to, or deviation from this condition shall be
subject to review and approval by the City Engineer. (Eng)
The following ongoing conditions shall be complied with at all times after
completion of the project.
79. _ Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements for
property maintenance. (PLN)
80. _ Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code; specifically, Section 9-3.531. (PLN)
_ Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
'Denotes Environmental Mitigation Measure