Resolution Number 08-04-15-03RESOLUTION NO. 08-04-15-03
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING ARCHITECTURAL CONTROL (AC) 06-12 FOR AN
ADDITION/REMODEL OF AN EXISTING BUILDING REFERRED TO AS
MEXICO LINDO-VAQUERO WEST LOCATED AT 26755 VERDUGO
STREET, GENERALLY LOCATED EAST SIDE OF "THE SANTA FE RAIL
DEPOT" AND NORTH OF THE FRANCISCAN PLAZA -CELEBRITY
THEATERS, AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER APN 121-141-11 (ERIC ALTMAN).
WHEREAS, Eric Altman, 26755 Verdugo Street, SJC, CA 92675 has requested
approval of Architectural Control to allow the Addition/Remodel of the existing Mexico
Lindo-Vaquero West building on property located at 26755 Verdugo Street which is
General Plan -designated General Commercial (GC) and classified as Tourist Commercial
(TC) on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
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 May 22, 2007 the Planning Commission conducted a duly -noticed
public meeting and denied Architectural Control (AC) 06-12 per Resolution No. 07-5-22-2;
and,
WHEREAS, On July 17, 2007 the City Council conducted a duly -noticed public
hearing to consider the appeal of Planning Commission denial of Architectural Control (AC)
06-12; and,
WHEREAS, On August 22, 2007 the City Council conducted a duly -noticed public
hearing for a joint workshop with the Planning Commission and Design Review Committee
to consider the appeal of Planning Commission denial of Architectural Control (AC) 06-12;
and,
WHEREAS, On August 28, 2007 the Cultural Heritage Commission conducted a
duly -noticed public meeting to re -consider the Buildings and Sites of Distinction List (BOD)
' and decided on the status of the Mexico Lindo-Vaquero West building and voted to retain
Page 1 of 4 04-15-2008
the building on the BOD based on its connection to San Juan Capistrano's Basque history;
and,
WHEREAS, On October 30, 2007 the Planning Department received the "Paseo De
Verdugo" renderings for review; and,
WHEREAS, On November 19, 2007 the City received the Vaquero West Financial
Feasibility Analysis from Keyser Marston and Associates (KMA); and,
WHEREAS, On February 5, 2008 the City Council conducted a duly -noticed public
hearing to consider public testimony on the appeal of Planning Commission denial of
Architectural Control (AC) 06-12; and,
WHEREAS, On February 19, 2008 the City Council conducted a duly -noticed public
hearing to Review and Comment on the Concept Plans for "Paseo De Verdugo"; and,
WHEREAS, On March 25, 2008 the Planning Commission conducted a duly -noticed
public meeting to review input and provide fine-tuning comments for the "Paseo De
Verdugo plans'; and,
WHEREAS, On April 15, 2008 the City Council conducted a duly -noticed public
hearing to consider the appeal of Planning Commission denial of Architectural Control (AC)
06-12 and the plans for "Paseo De Verdugo".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project plans have been reviewed and staff has determined the plans
to be in compliance with the applicable provisions of Title 9 of the San Juan Capistrano
Land Use Code because the maximum 2nd floor to 1St floor area ratio is 80% and the
applicant is proposing 73%, and the proposed 1St Flr/Lot Area (Floor Area Ratio) is.63where
the code maximum requirement is .75; and,
2. The project is consistent with the policies and objectives of the Community Design
Element and all other applicable provisions of the General Plan because the project is
consistent with the following policies under the Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development to maintain
the character of the City," and,
The project is also consistent with the following policy under the Community Design Goal 2:
Policy 2.1: "Encourage development which compliments the City's traditional, historic
character through site design, architecture, and landscaping".
Page 2 of 4 04-15-2008
Staff has determined that the proposed project design is generally consistent with
' the goals, policies, and objectives of the Community Design Element; as well as, all other
applicable provisions of the General Plan; and,
3. The project is situated within the Tourist Commercial (TC) District. The project is
compatible with the surrounding existing and proposed land uses because the project will
"provide for small-scale retail and service uses within the area immediately adjacent to the
Mission San Juan Capistrano which would serve tourists as well as residents.
Development projects in the Tourist Commercial (TC) District..." and the project will be
"...designed to reflect the Spanish heritage and semi -rural character of the community and
be compatible with the historic significance of the downtown (especially Mission San Juan
Capistrano)." The proposed design provides for a paseo that links the pedestrian
environment to the Los Rios District and the downtown area.
4. The project is consistent with the adopted Architectural Design Guidelines because
substantiation is provided in the staff report dated April 15, 2008, that the project has
complied with goals and standards for landscaping, architecture, screening, pedestrian
spaces, seating, and new construction; and,
5. The site plan is functional and safe in regards to existing conditions because the site
contains an existing gathering area, which is situated in the same location as the proposed
outdoor courtyard. The pedestrian circulation will be improved and will allow for pedestrian
' to circulate through the paseo and provide access to the adjacent businesses. The
existing vehicular circulation patterns will not be altered by the proposed project.
6. The proposed project is consistent with the landscape design requirements because
the plan will provide trees and vines along the entrances to the paseo and along the
exterior of the building. The landscape plan contains a tree palette that contains early
California native/friendly trees that are consistent with the common trees found throughout
the downtown and within the adjacent Los Rios District.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby approve the project and a Mitigated Negative
Declaration, subject to the conditions of approval contained in Exhibit "A" attached hereto
and incorporated herein; and,
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 April 15, 2010
unless a time extension is requested and approved or a building permit has been issued
prior to that date.
Page 3 of 4 04-15-2008
PASSED, APPROVED AND ADOPTED this 15th day_of April,'2008.
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. 08-04-02-03 was duly adopted by the City Council of the City of San Juan
Capistran at a Regular meeting thereof, held the 15`" day of April 2008, by the following vote:
COUNCIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto
O COUNCIL MEMBER: None
AB COUNCIL MEMBER: None
City
Page 4 of 4 04-15-2008
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
' RESOLUTION #: 08-04-15-03
Exhibit A
CONDITIONS OF APPROVAL
Architectural Control (AC) 06-12
Mexico Lindo-Vaquero West (Addition/Remodel)
April 15, 2008
April 15, 2008
April 15, 2010
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.
General Conditions:
Architectural Control (AC) 06-12; Mexico Lindo-Vaquero West
(Addition/Remodel), Eric Altman proposes to include a partial
incorporation of the existing Mexico Lindo-Vaquero West Building into the
overall construction of an 11,811 square foot building on a 12,675 square
foot lot located at 26755 Verdugo Street, generally located east side of
"The Santa Fe Rail Depot" and north of the Franciscan Plaza -Celebrity
Theaters (121-141-11). This project approval is based on and subject to the
application materials submitted by Eric Altman on September 13, 2006
and prepared by Roy Nunn on March 18, 2008 including site plan(s),
building elevation sketches, floor plans, and preliminary a landscape plan.
These plans and the proposed use of the project site are hereby
incorporated by reference into this approval 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
project approval may be approved by the Planning Director pursuant to
Section 9-2.303, Administrative approvals of Title 9, Land Use Code.
2. _ Prior to issuance of any building permit, the applicant shall submit to the
Planning Director a parking agreement that provides ingress/egress rights
to the use of parking spaces based on the parking requirements for the
proposed use. Given the uniqueness and location of this project, staff is
encouraged to provide as much parking space credit as possible based on
the existing square footage.
3. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Final Conditions of Approval
Proiect # AC 06-12 Mexico Lindo-Vaquero West Page 2 of 15
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.
5. _ 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.
6. _ 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.
7. _ 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.
8. _ 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.
9. _ 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.
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.
Final Conditions of Approval
Proiect # AC 06-12 Mexico Lindo-Vaguero West Paae 3 of 15
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 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)
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. 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
Final Conditions of Approval
-12 Mexico Undo -Vaquero West Page 4 of 15
(NPDES) requirements. In addition, the grading plans shall show the
following information: (ENG/PLN)
a. Location of all existing trees and indicate trees to be removed and
trees to remain in place (PLN)
b. Show and identify all pedestrian access ways and traffic crossings on
the site plan. Crossings shall be clearly marked, lighted and identified
throughout the interior of the project. Design of these areas shall be
reviewed and approved by the applicable City departments and shall
comply with Title 24 Handicapped Accessibility Standards and City
Building Codes; and where pedestrian aisles cross driveways,
enhanced paving shall be used. (PLN)
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (PLN)
d. Location, height, materials and colors of any retaining walls. (PLN)
e. 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. _ Soils/Geology. Prior to 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)
18. _ 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)
19. _ 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
Final Conditions of Approval
Proiect #A C 06-12, Mexico Lindo-Vaauero West Page 5 of 15
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)
20. _ 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)
21. _ 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)
22. _ Connection to City Drain must be Documented and Filed. Prior to
' 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)
23. _ Reciprocal Agreements. Prior to issuance of a grading permit, the
applicant shall prepare and submit to the City Engineer for review and
shall obtain approval for the proper easement and agreement documents
associated with parcels 121-141-11 for maintenance, reciprocal parking
and access purposes (ENG)
24. _ Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the
project shall be redesigned accordingly as approved by the City. (ENG)
25. _ Archaeological Monitoring. Prior to issuance of a grading permit, a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) shall be retained by the project
applicant and shall be present at pre -construction meetings to advise
construction contractors about the sensitive nature of cultural resources
located on and/or in the vicinity of the project site, as well as monitoring
requirements. A qualified monitor (defined as an individual with a
bachelors degree in anthropology with archaeological monitoring
Final Conditions of
experience), supervised by the qualified archaeologist, shall observe on -
and off-site construction activities that result in grading, and/or excavating
on or below the original ground surface (including during project -related
off-site utility [natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities
shall be halted or diverted until the provisions of §7050.5 of the Health and
Safety Code and §5097.98 of the Public Resources Code have been
implemented. (PLN)
26. _ Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/ grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project -related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (PLN)
27. _ Revised Plans. Prior to issuance of a grading permit the applicant shall
submit a revised site plan to the Planning Department for approval which
incorporates changes approved by the Planning Commission and reflects
consistency with these conditions of approval and with the City's Design
Guidelines. Six copies of the revised site each plan are required, except
as otherwise authorized by the Planning Director. (PLN)
28. _ 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).
29. _ Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire Authority (OCFA) the required fire flow demands and the fire
protection requirements to serve the subject project and shall provide
evidence of satisfactory fire flow. (PW)
30. _ 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
Final Conditions of Approval
Project # AC 06-12, Mexico Lindo-Vaouero West Page 7 of 15
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 or in conjunction with the
issuance of building permits:
31. _ Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
32. _ 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, City Council 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.
rb. 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.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are 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.
33. _ Access Rights Dedication. 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.
The document(s) recording this access shall be prepared by the applicant
for review and approval by the City Engineer, prior to recordation. (ENG)
Final Conditions of Approval
viect # AC 06-12 Mexico Lindo-Vaquero West Pace 8 of 15
34. _ On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, 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 include the trash enclosure(s) that shall be covered
with solid roof; its floor surface shall be connected to the sewer system
through an inlet in the center with a traffic rated grate, and a concrete
apron shall be constructed in front of the trash enclosure. The site plan
shall be specific to the project which reflects consistency with the City's
Sewer and Water standards. (ENG)
35. Dry Utilities. Prior to issuance of building permits and approval of dry utility
plans, 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 visibility to
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.
36. _ Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system,
non-domestic (recycled) water system improvements, and irrigation
facilities if the existing water service is inadequate to serve the subject
project in compliance with City municipal codes, standards, specifications,
the Rules and Regulations for Users of Non-domestic Water and the City's
water standard specifications. (PW)
37. _ Water Service Connection. Prior to the issuance of a building permit, the
project applicant shall construct a separate water service connection that
is adequate to provide the necessary water demand for irrigation and
landscaping if determined to be necessary during the plan check process.
This water service connection shall be to a City water main located in
Verdugo Street. These connections shall be subject to the submission,
review, and approval of civil improvement plans and the
irrigation/landscape plans. The irrigation facilities shall be designed in
accordance with the City of San Juan Capistrano's Water Standards and
Specifications, Rules and Regulations for Users of Non -Domestic Water,
and the Municipal Code § 9-3.617 (Water Conservation Landscape). The
design shall include improvements that are identified for use of non-
domestic water (recycled water) and shall be connected to non-domestic
water facilities when they become available. (PW)
Final Conditions of Approval
Project # AC 06-12, Mexico Lindo-Vaquero West Page 9 of 15
38. _ Backflow Prevention. Prior to the issuance of a building permit, the
' applicant shall address the exiting water services, fire services, and
backflow devices that are not in compliance with current regulations; and
the noncompliant items must be amended and/or reconstructed to be in
compliance with the City's standard specifications, ordinances, and/or the
department of health regulations. (PW)
39. _ Water Improvement Agreement. Prior to the issuance of permits for any
water improvements, the applicant shall execute a Water Improvement
Agreement with the City, shall pay all applicable domestic and non-
domestic Water Development Charges in accordance with the Water
Department Schedule of Rates and Charges, as last revised, and shall
post the required securities to insure satisfactory performance of proposed
public water improvements in compliance with City water standard
specifications. (PW)
40. _ Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, thirteen copies of the historic depiction program including
wording on all monumentation, shall be submitted to the Historic
Preservation Manager for review and approval pursuant to City Council
Policy 606. Prior to issuance of a Certificate of Occupancy, the Historic
Depiction Program (HDP) shall be installed and inspected for compliance
' with the approved design. The required Historic Depiction Program for the
project shall be based on the history particular to the site including San
Juan's Basque history, the Arbonies and how the existing building was
woven into that history. (PLN)
41. _ 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.
b. All trees on site to be removed and retained. Tree removals shall
comply with the City's Tree Permit requirements.
c. Turf areas shall be limited in area in designed to minimize overspray.
Turf areas shall be separated from non -turf areas by a mow strip or
header.
d. Backflow devices and utility pedestals 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.
Final Conditions of Approval
Proiect #A C 06-12 Mexico Lindo-Vaauero West Page 10 of 15
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.
i. Landscape planters shall be a minimum interior width of five (5) feet.
Where landscape fingers abut parking spaces, they shall not extend
closer than three (3) feet to the aisle end of the adjacent parking
space. A twelve (12) inch wide paved landing strip shall be provided
inside the curb, wherever a landscaped planter is located adjacent to a
parking space such that passengers exit a vehicle into the planter.
42. _ Final Photometric Plans. Prior to issuance of building permits, the Final
Photometric Plan shall be submitted to the Planning Department for
review and approval. Plans shall include the following information and
requirements: (PLN)
a. Show the location of decorative light standards and fixtures, including
building -mounted light fixtures, to illuminate the parking area and other
areas accessible to members of the public and the proposed illumination
levels of these lights, extending ten (10) feet beyond the property line.
b. Demonstrate that illumination shall not create off-site light and glare.
c. Exterior lighting shall be reduced to the extent feasible during hours that
the business is not in operation.
43. _ Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
44. _ OCFA Review of Architectural Buildinq 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)
45. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Final Conditions of Approval
Proiect # AC 06-12, Mexico Lindo-Vaquero West Page 11 of 15
Systems." This system shall be operational prior to the issuance of a
certificate of use and occupancy. (OCFA)
46. _ 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)
47. _ Hazardous Materials. Prior to 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)
48. _ Landscape Plan & Building Details & Colors. Prior to the issuance of a
building permit for the project, the applicant shall submit a landscape plan,
' architectural /material details, and proposed building colors for review and
approval by the City's Design Review Committee (DRC). (PLN)
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.
49. _ 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. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
50. _ Pre -construction 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)
Final Conditions of Approval
Proiect # AC 06-12, Mexico Lindo-Vaouero West Facie 12 of 15
51. _ 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)
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)
52. _ Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have been approved by
the City. (ENG, B&S)
53. _ 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)
54. _ Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday. (PLN)
55. _ 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:
56. _ 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)
57. _ 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
Final Conditions of Approval
Proiect # AC 06-12, Mexico Lindo-Vaquero West Page 13 of 15
"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)
58. _ Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicants surveyor shall set all required monumentation during
construction. Monumentation and comer 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)
59. _ 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)
60. _ 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)
61. _ 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)
62. _ 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)
63. _ 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
Final Conditions of Approval
Project # AC 06-12 Mexico Lindo- Vaquero West Page 14 of 15
to dispensing in dumpsters; and, 5) restrictions on product type that will be
offered at concessions or vending throughout the project site. (PLN/ENG)
64. _ Dedication of Water Facilities. Prior to final inspection of water
improvements and use of the site, the applicant shall dedicate to the City,
at no cost to the City, all public water facilities and pertinent easements..
(PW)
65. _ Installation of Landscaping. Prior to approval of final inspection the
applicant shall install all landscaping and irrigation. The applicant shall
provide a certification, from a licensed Landscape Architect, stating that
the landscape materials and irrigation system (tested for full coverage)
have been planted and installed in compliance with the approved
landscape plans. Additionally, all bicycle racks, pedestrian walkways,
seating, and other improvements shown on the Final Landscape Plan
shall be installed to the satisfaction of the Planning Department. (PLN)
66. _ 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 Planning Director. (PLN)
67. _ Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the applicant shall submit final reports for any historical,
cultural, archaeological or paleontological resources recovered from the
project site during grading or construction. Reports shall include
information on disposition of resources. (PLN)
68. _ 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)
69. _ Fire Extinguishers. Prior to final inspection by the orange County Fire
Authority (OCFA), fire extinguishers shall be required in accordance with
the Uniform Fire Code. The applicant shall contact the Fire Department for
the requirements pertaining to the number, type, and placement of fire
extinguishers. All fire extinguishers shall have current California Fire
Marshal service tags. (OCFA)
Final Conditions of Approval
Proiect # AC 06-12, Mexico Lindo- Vaquero West Page 15 of 15
70. _ Fire Aisles. Drive aisles service as fire access lanes shall be posted "No
' Parking — Fire Lane" as approved by the Fire Department. (OCFA)
71. _ Reciprocal Parking and Access Agreement. Provide written
documentation showing that a reciprocal parking and access agreement
has been formed to allow joint use of common parking areas and drive
aisles. (ENG)
The following ongoing conditions shall be complied with at all times after
completion of the project.
72. _ Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
73. _ Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
74. _ Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (PLN)
75. _ Future Parking Demand. In the event that future land uses require
additional parking, the applicant must obtain the necessary land use
' approval that demonstrates that sufficient parking is being provided for all
land uses within the building or on the property. (PLN)
Responsible Agencies:
B&S: Building and Safety
ENG: Engineering Department
PLN: Planning Department
PW: Public Works Department
OCFA: Orange County Fire Authority