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Resolution Number 09-08-18-06RESOLUTION NO. 09-08-18-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONDITIONALLY APPROVING TENTATIVE PARCEL MAP (TPM) 07-191, ARCHITECTURAL CONTROL (AC) 07-17, AND GRADING PLAN MODIFICATION (GPM) 07-01 FOR A 68,000 GROSS SQUARE FEET (GSF) COMMERCIAL OFFICE PROJECT LOCATED ON THE EAST SIDE OF RANCHO VIEJO ROAD AND NORTH OF SPOTTED BULL LANE (ASSESSORS PARCEL NUMBERS. 650-011-34 & 39) (KOLL SAN JUAN) WHEREAS, the Koll Company has requested approval of development plans for a proposed commercial office development with nine (9) buildings encompassing 66,857 gross square feet (GSF) of building area on an existing 7.8 net acre (9.2 gross acres) property located on the east side of Rancho Viejo Road and north of Spotted Bull Lane. The subject property is General Plan -designated °5.0 -Public & Institutional": The Public & Institutional designation provides for the development of schools, churches, fire stations, community centers, utility substations and office complexes, and is classified as "PC" (Planned Community) on the Official Zoning Map and is subject to the provisions of Comprehensive Development Plan 90-02, Mammoth Equities; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, General Review Procedures of Title 9, Land Use Code of the San Juan Capistrano Municipal Code; and, WHEREAS, the Environmental Administrator required preparation of an environmental impact report pursuant to Section 15081 of the California Environmental Quality Act (CEQA) Guidelines; issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has overseen the preparation of the draft environmental impact report prepared pursuant to Section 15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those Guidelines, has provided for public review of the draft environmental impact report pursuant to Section 15087 of those guidelines; reviewed all comments and prepared responses to comments pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP) adopted by separate resolution; and, WHEREAS, the Environmental Administrator required re -circulation of the traffic and circulation chapter of the Draft Environmental Impact Report (EIR) to allow additional analysis of the project's Potentially Significant Impacts to the Avery Parkway intersections situated with the Cities of Laguna Niguel and Mission Viejo based on comments received during the initial review and comment period; and, 08/18/2009 WHEREAS, the Transportation Commission conducted a duly -noticed public meeting on February 11; 2009 to consider the proposed project, potential traffic impacts, and proposed mitigation measures and, after due consideration, forwarded the project to the Planning Commission for final action with recommendations; and, WHEREAS, the Planning Commission conducted duly -noticed public hearings on February 10, February 24, March 10, April 28, and May 26, 2009 pursuant to Title 9, Land Use Code, Section 9-2.335 to consider public testimony on the proposed project and on May 26, 2009 forwarded the proposed project to the City Council with a recommendation of conditional approval; and, WHEREAS, the City Council conducted duly -noticed public hearings on .June 16, and August 18, 2009 pursuant to Title 9, Land Use Code, Section 9-2.335 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby finds the following with respect to the Tentative Parcel Map (TPM): The proposed map is consistent with the General Plan and Comprehensive Development Plan 90-01, Mammoth Equities because the proposed map provides for the condominium ownership of the proposed commercial office project and the proposed use is consistent with the General Plan and the Comprehensive Development Plan which allow the development of "commercial offices" as a permitted use. 2. The design and improvement of the proposed subdivision are consistent with the General Plan and Comprehensive Development Plan 90-01 because the proposed map is limited to providing for condominium ownership of individual office buildings or a portion of such buildings, and the subdivision map does not propose nor require subdivision streets with public improvements serving separately owned parcels. Furthermore, the project includes provisions for a sewer line extension at the southeast corner of the site to serve the Spotted Bull Lane neighborhood at a future date when the residents have formed a special assessment district or similar mechanism to fund and construct sewer improvements. 3. The site is physically suitable for the type of development because as part of the General Plan update and review process, completed in December 1999, the City confirmed a "5.0 -Public & Institutional" land use designation for the subject property and so, the City has made a General Plan determination that the site is physically suitability for commercial office development. 4. The site is physically suitable for the proposed density of development because due to the topographic limitations and shape/configuration, the developable area of the site is limited and so, the project proposes an 0.20 floor area ratio (FAR) which is 0811812009 2 col one-half the 0.40 maximum intensity allowed under the General Plan Land Use Element. 5. The design of the Subdivision or the proposed improvements will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project site consists of an in -fill parcel surrounded by existing office development, residential development, and arterial streets and highways and will. not result in potentially Significant environmental impacts because proposed mitigation provides that tree removals will not be permitted during the nesting season for raptors or other protected bird species. S. The design of the Subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the City will convey to Koll the appropriate slope and landscape easements for maintenance responsibility purposes while retaining the right, should the City deem necessary, to enter the property and complete certain slope, irrigation, drainage, or landscape improvements. NOW, THEREFORE, BE IT FURTHER RESOLVED., that the City Council of the City of San duan Capistrano does hereby make the following findings with respect to the Architectural Control (AC) application: 1. The proposed use and design of the project will comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable Specific plan or comprehensive development plan because the Title 9, Land Use Code establishes a number of provisions applicable to the proposed project related to parking, exterior lighting, noise, signs, tree preservation, and transportation demand management (TDM). The proposed parking has been designed to comply Section 9-3.535, Parking in terms of the number of spaces, and the design of the proposed parking. A preliminary lighting plan has been reviewed in the Draft EIR Aesthetics section and found to generally comply with the provisions of the City's Section 9-3.529, Lighting and that plan indicates that at certain locations along the project perimeter, light levels are estimated to be 0.1 footcandle (FC) where the Code requires 0.0 FC. The EIR also evaluates noise impacts with respect to the General Plan Noise Element and Section 9-3.531, Noise standards and concludes that noise would be potentially significant and requires appropriate mitigation including appropriate building design for the proposed commercial buildings (i.e. fixed -glazing, dual or triple -glazed windows, door seals, etc.) based on an acoustic analysis of the final building architecture; and to protect homes to the east from highway noise impacts, a soundwall is required as a mitigation measure along the common easterly property line to meet the City's noise standards. While a sign study was prepared for the purposes of conducting a visual analysis of the project, a sign program will be required to be submitted for Planning Commission review and approval for consistency with Section 93.543, Signs. Further, Section 9-3.555, Transportation Demand Management establishes provisions applicable to the 08/18/2009 3 proposed project which will be required to provide a rideshare information area, secure bike storage, and preferential parking. Finally, Comprehensive Development Plan 90-02 includes specific design standards and development standards related to site design, architecture, and landscaping. 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because the General Plan Land Use Element's Land Use Policy Map designates the subject property as "5.0 -Public & Institutional" which expressly allows "office complexes." Also, the Land Use Element establishes an 0.40 maximum floor area ratio (FAR) whereas the project proposes an 0.20 FAR, half the maximum intensity permitted under the General Plan. Finally, the proposed. project complies with the Architectural Design Guidelines subject to the recommended conditions of approval which assures consistency with the General Plan Community Design Element. 3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved, because the proposed project provides sole project access from Rancho Viejo Road, provides adequate parking and circulation consistent with Title 9, and proposes a grading and development concept that protects the visual quality of Rancho Viejo Road, a General Plan -designated "scenic corridor", and protects adjoining residential neighborhood to the east from view impacts or obstruction by the proposed project. 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because the project has been reviewed for compliance with Chapter VI 1, R&D Business/Industrial and the Design Review Committee has evaluated the project for consistency. Furthermore, the Draft E I R contains an independent analysis of project consistency with the Design Guideline's eight design objectives for R&D Business/Industrial uses. 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the project design provides continuous Americans with Disabilities Act (ADA) access throughout the site and a path -of -travel to the existing Class 1 bikeway along the project frontage.: The safety of the proposed entrance has been evaluated based on design and accident data and has been determined to meet City and Caltrans safety standards. Furthermore, to assure safety, the construction plans for the entrance will be evaluated to confirm the entrance provides adequate sight -distance, and the City will require turn lane improvements within Rancho Viejo Road to assure safe ingress and egress to the site. 6. The proposed use and design of the project is compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development 08/18/2009 0 characteristics because the project has been determined consistent with the applicable provisions of the Title 9, Land Use Code including consistency with the land use and development standards of SDP (Specific Development Plan) 90-02, zoning standards related to parking, exterior lighting, noise, signs, tree preservation, and transportation demand management (TDM), and the City's Architectural Design Guidelines. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings with respect to the Grading Plan Modification (GPM) application: The proposed grading modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics because the proposed grading design "generally follows the contours of the site and uses buildings to transition grades from north to south, and a cut slope with buildings screening the retaining wall. While the grade change is rather abrupt along the easterly property line where a cut slope with a ± 20 foot retaining wall is proposed, the design approach has been encouraged by staff so as to reduce the profile of the buildings and maintain cross -valley views from the rear yards and windows of existing homes in the Spotted Bull Lane neighborhood to the east. The project also proposes to preserve much of the existing slope landscaping along Rancho Viejo Road and supplement the slope planting with additional California native palette plants. 2. The proposed grading will remain consistent and compatible with immediately - adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots because the proposed grading concept seeks to provide a natural slope transition with the Mammoth Equities site to the north. In addition, the northerly parking area has been depressed into the grade to preserve the visual quality and appearance of the knoll at the north end off the site. The grading concept purposefully creates building pads situated well below the grade of existing homes to the east so as to preserve views and minimize lighting and noise impacts. 3. The proposed modified grading plan shows the location of proposed building footprints which meet all required minimum setbacks for building as defined in the applicable zone district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes because the project has been reviewed by the Public Works Department and determined to comply with the applicable provisions of this section of Title 9. 09/18/2009 11~ 4. The proposed modified grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the proposed project grading concept and site plan have been designed to minimize the potentially adverse impacts on the Spotted Bull Lane to the east and southeast through the grading concept design. Further, the Draft EIR evaluates in detail the projects potentially significant environmental impacts, especially view, noise and light impacts, and concludes that while certain of those impacts would be potentially significant, proposed mitigation measures would reduce those impacts to a level of insignificance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano hereby approves Tentative Parcel Map (TPM) 07-191 subject to the conditions of approval established by Exhibit "A" attached hereto and incorporated herein; and, hereby approves Architectural Control 07-17, and Grading Plan Modification 07-01 subject to the conditions of approval established by Exhibit "B", attached hereto and incorporated herein subject to the following: 1. The response from The Koll Company dated July 27, 2009 of the Community Forum and provided as Attachment 5 to the August 18 City Council staff report. 2. The perimeter trees shall be minimum 35 inch box sizes rather than 24 inch box trees. 3. The free-standing monument sign shall be reduced from 48 square feet to 24 square feet and shall be non -illuminated; and, 4. The applicant to work with staff and engineers to achieve the objective of preserving at least another 5 to 10 feet of the knoll which may require the removal of 8-10 parking spaces. PASSED, APPROVED AND ADOPTED this 18th day of August, 2009, MARK DIEL N, MA R ATTEST: CITY CLtIa 08/18/2009 51 STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed Acting City Cleric of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 09-08-18-06 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18th day of August 2009, by the following vote: AYES CgUNCIL MEMBERS: NOES: COUNCIL MEMBER: ABSENT 60UNCIL MEMBER: 08118120©9 0 IS, Actia City Clerk Allevato, Freese, Hribar, Uso and Mayor Nielsen None None 7 EXHIBIT A RESOLUTION # 09-08-18-06 CONDITIONS OF APPROVAL PROJECT LOG #: Tentative Parcel Map (TPM) 07-191 PROJECT NAME: Koll San Juan ACTION DATE: August 18, 2009 These recommended 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: A. The subject project requests approval of a Tentative Parcel Map (TPM) to allow condominium ownership of commercial suite space in a 66,857 gross square foot (GSF) commercial office project on 7.8 net acre (9.2 gross acres) acres located at located on the east side of Rancho Viejo Road and north of Spotted Bull.Lane (Assessors Parcel Numbers: 650-011-34 & 39). This project approval is based on and subject to the application materials prepared by LPA, Incorporated, the project architects including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. B. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements, C. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. D. Legal Defense. The applicant/subdivider, its agents, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, its elected and appointed officials and employees, and its contract consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, including but not limited to environmental impact report requirements under CEQA, rezoning approvals, subdivision map approvals, or other applicable C4ty Municipal Code Title g land use approvals. Upon notice provided by City to the applicant/subdivider, its agents, or assignees, of service of process of such claims or actions, the project proponent, its agents, and assignees, shall immediately act to provide an appropriate defense to such claims or actions. The applicant/subdivider shall consult with the City Attorney 'regarding appropriate defense counsel in the event of the filing of such claims or actions. (CD) Exhibit A, Resolution #09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-191, Koll San Juan Page 1 of 6 E. Mitigation Monitoring & Reporting Program. This project shall comply with the Mitigation Monitoring & Reporting Program adopted in conjunction with the approval of the California Environmental Quality Act (CEQA) determination prepared for the project. (CD) F. CDP. This project shall comply with the provisions of Comprehensive Development Plan 90-02 for the project. (CD & PW) 1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FIRST FINAL MAP OR FINAL MAP, AS INDICATED BELOW, OR IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT. 1.1 Compliance with.Map Act and Municipal Code. Prior to approval of the final parcel map, said map shall be prepared and submitted in full compliance with the State of California Subdivision Map Act and the Cityof San Juan Capistrano Municipal Code, except as authorized by the City Council and/or Planning Commission. (PW) 1.2 Payment of Fees and Posting of Sureties. Prior to approval of the final parcel map, the applicant/subdivider shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code, as last revised, the City Water Schedules of Rates and Charges, as last revised, and post securities to insure satisfaction performance of proposed improvements, including but not limited to, on-site and off- site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street and all appurtenant improvements. (PW) 1.3 Public Facility Easements. Prior to approval of the final parcel map, the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that public facilities, such as drainage, sewer and water, are designed to be located within adequate width and accessible easements and their surfaces shall be maintained by the Property Owner's Association. Any exception shall be subject to review and approval by the City Engineer. (PW) 1.4 Tentative Map Compliance and Closure Calculations. Prior to approval of the final map, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a final map in substantial compliance with the approved tentative map. Said map shall be accompanied with traverse closure calculations and an updated Title Search Report. (PW) 1.5 Property Owner's Association -Maintained Improvements. Prior to approval of the final map, the applicant/subdivider shall indicate on the final map that all improvements, including but not limited to driveways, parking, drainage, street lights, street signage, striping improvements, Water Quality Management Plan (WQMP) improvements/features, graded slopes, retaining walls, sound walls, landscaping, and irrigation facilities shall be maintained by the Property Owner's Association or shall make other provisions for maintenance to be approved by the City. (PW) 1.6 Dedications and Maintenance Responsibility. Prior to approval of the final map, the applicant/subdivider shall indicate on the final map, to the satisfaction of the City Engineer, all appropriate dedication and access rights, stating their purposes and their maintenance responsibilities. (PW) Exhibit A, Resolution ##09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-191, Koll San Juan Page 2 of 6 1.7 CC&Rs. Prior to approval of final map, the applicant/subdivider shall submit for review, and shall obtain the approval of, the Community Development Director, City Engineer, Public Works Director, and City Attorney, a set of Covenants, Conditions and Restrictions (CC&Rs). Said CC&Rs shall be recorded with the final map and shall include, but not be limited to, the bllowing; a. Creation of a Property Owner's Association for the purpose of providing perpetual maintenance responsibility of all on-site areas and improvements including, but not limited to, common areas, open space, project entries, slopes, private medians and greenbelts, irrigation systems, landscaped areas, retaining/privacy/sound walls, driveways, parking areas, structures, drainage facilities, and all other areas to be owned and maintained by the Association. (Pvv) b. A statement indicating that proposed amendments to any of the CC&Rs shall be submitted for review to the Community Development 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. (CD) c. Fire prevention and defense provisions including: 1) a fire lane map, if required by the Fire Chief; 2) provisions which prohibit parking in fire lanes and a method of enforcement; 3) a method for keeping fire protection access easements unobstructed; and 4) a requirement for approval of the Fire Chief for modifications such as installation of speed humps or bumps, control gate changes, or parking changes. (Fire) d. Maintenance provisions for and a prohibition against building construction or ornamental landscaping within private drainage easements and slopes within the project by the Property Owner's Association (PW) e. Provisions for, the Property Owners Association to maintain all Water Quality Management Plan (WQMP) improvements/features, including retention/detention basins, that are made apart of the National Pollutant Discharge Elimination System (NPDES) permit issued by the City, and for inspection of open channels and catch basins annually. In addition, a provision shall be included which establishes a separate maintenance fund for the sole purpose of maintaining such facilities. (PW) A provision that gives the City the right to assume maintenance of any NPDES facilities, if the City determines that the Property Owner's Association Properiy Owner's Association has not maintained said facilities in accordance with the permit requirements, and that, in such event, the Property Owner's Association shall be financially responsible td- pay City for the costs the City incurs in such maintenance role. (PW) 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. (PW) Exhibit A, Resolution #09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-191, Koll San Juan Page 3 of h. A provision requiring that all landscape contractors properly train their field crews so as to prevent improper pruning/trimming or ornamental maintenance of the California native plants, and providing an enforceable penalty which the HOA may impose on the landscape contractor for violation of this provision including but not limited to replacement of plant material with comparably sized new plant material. (CD) k. A provision that the Property Owners Association (POA) would be responsible for the cost of replacing any enhanced paving or stamped -concrete removed by the City for the purpose of maintaining, replacing, repairing, or otherwise conducting work on underground utilities including but not limited to waterlines, sanitary sewer lines, and storm drainage lines within the proposed private streets. (PW) 1.8 Submission of Digital Map. Prior to recordation of final map, the applicant/subdivider shall submit for review, and shall obtain approval from the Orange County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant/subdivider shall pay for all cost of said digital submittal, including supplying digital copies to the City, of the final County Surveyor approved digital map in DXF format. In addition, the applicant/subdivider shall provide the City with digitized copies of all improvement (as -built) plans. (PW) 1.9 Dedication of Water Facilities. Prior to approval of the final map, the applicant/ subdivider shall dedicate on the final map, at no cost to the City, all public water facilities, water rights and the required easements to the City for project improvements. (Util) 1.10 Fire Protection Area Notation. Prior to approval of final map, the applicant/subdivider shall place a note on the map or site plan meeting the approval of the Fire Chief that all requirements for development and construction within a "Fire Protection Area" including increased street widths, Class A roof assemblies, fire sprinklers, etc. will be met. (Fire) 1.11 Sprinkler Notation. Prior to approval of final map, the applicant/subdivider shall include a note on the map stating that all shall be protected by an automatic fire sprinkler system in a manner meeting the approval of the Fire Chief. (Fire) 2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE GRADING ANDIOR RIGHT-OF-WAY IMPROVEMENT PERMITS SPECIFIED BELOW, OR IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING PLAN: 2.1 Permits Required. Prior to the commencement of any grading or construction activity not provided for in previously -approved permits, the appropriate permit shall be required. All improvement work, whether performed on-site or off-site, shall require a building and/or grading permit to ensure the integrity and safety of all existing and proposed improvements affected by construction activities. (PW) 2.2 Mylar of Final Map. Prior to issuance of grading and right-of-way improvement permits subsequent to final map recordation, the applicant/subdivider shall submit to Exhibit A, Resolution #09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-191, Koll San Juan Page 4 of 6 the City Engineer a reproducible copy/mylar of the project's recorded final map. The applicant shall also submit for review, and shall obtain approval of, the Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of January 28, 1991. The applicant shall pay for all costs of said digital submittal, including supplying digital copies to the City of the final County Surveyor approved digital map in DXF format. All Digital Submissions shall conform to the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW) 3. THE FOLLOWING CONDITIONS SHALL. BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY 3.1 Filb _ f Property Corner. ,Survey Records. Prior to issuance of a certificate of occupancy, the applicant/sub-divider's surveyor shall file the appropriate property corner survey records with the County Surveyor and show written confirmation indicating compliance with the County Recorder, as required by Section 8771 of the Business and Professions Code (PW) 4. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES 4.1 Provide As -Built Mylars. Prior to acceptance of the works of improvements and release of performance securities, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, the reproducible "as -built" mylar plans of all on-site and off-site improvement works completed and accepted. Said plans shall be prepared by a Registered Civil Engineer. Also, the applicant/ subdivider shall submit digital copies of all as -built plans in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards". (PW) 4.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant/subdivider shall submit to the City Engineer for review, and shall obtain approval of, a videotape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The videotape shall become the property of the City. (PW) 4.3 Monumentation and Corner Records. Prior to acceptance of improvements and release of performance securities, the applicant/subdivider's surveyor shall set all required monumentation and re-establish any damaged or destroyed monumentation during construction. Monumentation, street centerline ties and appropriate corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Sec. 8771 ,of the Business and Professions Code. (PW) 4.4 Mylar Record Drawings. Prior to the acceptance of water improvements and release of performance securities, the applicant shall submit to the City Engineer and the Water Engineering Manager for review, and shall obtain approval of, reproducible "record drawing" mylar plans that call out any deviations from the approved signed plans of all the domestic water system, non-domestic water system, and the landscape irrigation system. These record drawings shall also be submitted to the City in digital format in accordance with the latest edition of the City of San Juan Exhibit A, Resolution #09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-19 1, Koll San Juan Page 5 of 6 0 Capistrano Digital Submission Standards. (Utilities & PW.) Responsible Agencies: CD: Community Development Department CD-B&S: Community Development -Building & Safety PW -ENG: Public Works -Engineering Division UTII_: Utilities Department OCFA: Orange County l=ire Authority Applicant Acceptance of Conditions of Approval: Scott Meserve, The Koll Company Date Exhibit A, Resolution #09-08-18-06 Conditions of Approval Tentative Parcel Map (TPM) 07-191, Koff San Juan Page 6 of 6 EXHIBIT B RESOLUTION # 09-08-18-06 CONDITIONS OF APPROVAL. PROJECT LOG #: Architectural Control (AC) 07-17 Grading Plan Modification (GPM) 07-01 PROJECT NAME: Koll San Juan APPROVAL DATE: August 18, 2009 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: 1. The project consists of applications for the development of a nine -building, 66,857 gross square foot (GSF) commercial office project on 7.8 net acre (9.2 gross acres) acres located at located on the east side of Rancho Viejo Road and north of Spotted Bull Lane (Assessors Parcel Numbers: 650-011-34 & 39). This project approval is based on and subject to the application materials prepared by LPA, Incorporated, the project architects including site plan(s), building elevation(s), floor, plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this project approval may be approved by the Community Development Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. All subsequent building and grading plans shall substantially comply with the Planning Commission -approved and Design Review Committee (DRC) -approved development plans as determined by the Community Development Director or his designee. 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, stamped and signed, if 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, Community Development Commission, or City Planner. The City shall promptly notify the Exhibit "B", Resolution 09-8-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 1 of 21 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. Approval of this project shall become effective thirty (30) days after the date of the second reading of the Ordinance approving Rezone 07-02, Amending Comprehensive Development Plan 90-02, Mammoth Equities. 8. Sign approval for the project is a separate process requiring that the applicant secure Planning Commission approval of a Sign Program, and subsequently secure the issuance of a sign permit(s) and building permit(s), subject to review and approval by the Community Development Department and Building and Safety Department. 9. In the event that exhibits and written conditions are inconsistent with one another, 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. 10. The commercial office use of the property 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. 11. The applicant shall pay all fees. at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 12. 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. 13. 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. 1.1 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, Exhibit "B" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 2 of 21 sewer, water, street, and all appurtenant improvements. (PW -ENG) 1.2 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. (PW -ENG) 1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bond slsecurities 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. (PW -ENG) 1.4 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 (NPDES) requirements. In addition, the grading plans shall show the following information. (PW-ENG/CD) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (CD) 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. Where pedestrian aisles cross driveways, enhanced paving shall be used. (CD) 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. (CD) d. Location, height, materials and colors of any retaining walls. (CD) 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 Exhibit "B", Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koff San Juan page 3 of 21 structures and include landscaping where appropriate. (CD) f. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (ENG/PLN) 1.5 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. (PW -ENG) 1.5 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, 4CEMA design criteria, and standards. (PW -ENG) 1.7 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. (PW -ENG) 1.8 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. (PW -ENG) 1.9 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 Exhibit "B" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 4 of 21 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. (PW -ENG) 1.10 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 3" 0. Any exception shall be subject to review and approval by the City Engineer (PW -ENG) 1.11 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. (PW -ENG) 1.12 Properties in Flood Hazard Areas (FEMA). Prior to issuance of a precise grading permit, for any property wholly or partially located within the Special Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM), building pad elevations may be required to be constructed above a specific elevation, which shall be confirmed with the Federal Emergency Management Agency (FEMA) during Grading Plan Design. (PW -ENG) 1.13 Flood Control Channel Work. Prior to issuance of grading and right-of-way improvement permits, for any portion of the project containing an earthen flood control channel, the applicant shall submit to the City Engineer, a clearance from the apprcpriate State, Federal, and local agency having jurisdiction over any changes to the channel. (PW -ENG) 1.14 Buildin Pad Elevations in Flood Areas. Prior to issuance of grading and right-of- way improvement permits, the applicant shall provide to the Engineering and Building Director a letter of verification from the Flood Insurance Administration (FIA) confirming that the proposed building pad elevations are designed above the minimum specific elevation required by FIA. (PW -ENG) 1.15 FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to issuance of grading and right-of-way improvement permits, for any property wholly or partially located within the 100 -year Flood Hazard Area on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for review and obtain approval for all documentation required by the Federal Emergency Management Agency (FEMA) or revision to the FIRM and pay all preliminary and subsequent fees as required by FEMA. (PW -ENG) 1.16 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 Exhibit "B", Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 5 of 21 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. 1.17 City Drain Connection Documentation and Piling Requirements. 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. (PW -ENG) 1.18 Water Quality Management Plan (WQMP) Requirements and Compliance_ 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, 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 Pian and the Clean Water Act. (PW - ENG) 1.19 NPDES Permit for Grad.in_q in Excess of One 1.0 Acre. Prior to issuance of grading and right-of-way improvement permits, for grading in excess of one (1.0) 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. (PW -ENG) 1.20 Public Facilities Located in Easements. Prior to 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. (PW -ENG) 1.21 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. (PW -ENG) 1.22 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. (PW -ENG) 1.23 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 Exhibit "B" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koff San Juan page 6 of 21 law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW -ENG) 1.24 Off-site Easements. Prior to issuance of a grading permit, applicant shall obtain and record 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. (PW -ENG) 1.25 California Department of Fish and Game (CDFG),Approval. Prior to issuance of a grading permit, the applicant shall comply with any mitigation measures established by the CDFG. The applicant shall provide evidence for review and approval by the Community Development Department that the applicant has complied with all mitigation measures established by the City as recommended by the CD1=G. (CD) 1.25 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). 1.27 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. (OCFA) 1.28 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. (PW -ENG) The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 2.1 Buildin Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Community Development Department for review and approval. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Community Development Department, Design Review Committee, and/or Community Development Director (as applicable). Plans shall. address the following: (CD) 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. Exhibit "B", Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07--01, Koff San Juan Rage 7 of 21 b. Location and method of screening for all 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. 2.2 Rancho Viejo Road Slope Easement. The City will convey to the Koll Company the appropriate slope and landscape easements for 100% maintenance responsibility of all manufactured slopes within the project and along Rancho Viejo Road. However, the City shall retain the right, should it deem necessary, to enter the property and conduct slope, irrigation, drainage, or landscape maintenance improvements in the event the Property Owner's Association (POA) does not maintain such improvements to acceptable standards. The Koll San Juan Property Owner's Association shall be financially responsible for any maintenance expenses of the City for slope, irrigation, drainage, or landscape improvements. (CD) 2.3 Final Lighting & Photometric. Plan. Prior to building permit issuance, the applicant/developer shall submit a final photometric and lighting plan to the City for review by the Community Development Director for compliance with -Title 9, Land Use Code, Section 9-3.529, Lighting. The design of all lighting fixtures shall be subject.to review and approval by the Community Development Director or his designee who may refer such plans to the Design Review Committee (DRC) for review and approval and shall comply with the following: 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 or depicting a value of 0.0 fc. b. Demonstrate that lighting shall not create off-site light and glare in violation of the Title 9, Land Use Code through the provision of shielding and cut-offs. C. Maximum permitted luminaire height be as specified by the lighting fixture schedule on the City -approved preliminary lighting plans. d. The minimum permitted illumination within parking areas and walkways shall be 1.0 -foot candle. The maximum permitted illumination on-site shall be 5.0 --foot candles, except that where the project abuts the Spotted Bull Lane neighborhood, the maximum illumination adjacent to these'uses shall be 1.0. Exhibit T" Resolution 09-08-18-05 Conditions of Approval SP AC 07-17, GPM 07-01, Koll San Juan page 8 of 21 e. Between the hours of 9:00 pm and sunrise, all exterior lighting shall be reduced to 50% of the maximum allowable lighting level (intensity) pursuant to Municipal Code Section 9-3.529 Lighting Standards, under the approved lighting and photometric plan. Exterior lighting shall be hard -wired to programmable timers accessible only to the Property Owner's Association. All exterior lighting fixtures shall use high-pressure sodium (HPS) lighting. Parking lot fixtures shall be "International Dark - sky Association" (IDA) -approved "dark -sky" friendly fixtures subject to approval by the Community Development Department or his designee. 2.4 Sign Program. Prior to building permit issuance for any sign, the applicant/ developer shall prepare and submit a Sign Program to the Community Development Department for review for compliance with Title 9, Land Use Code, Section 9-3.543, Signs. The Sign Program shall be subject to Design Review Committee (DRC) review and Planning Commission (PC) final action, Building - mounted signs shall not exceed a maximum of 18 square feet (SF) consistent with the Title 9, Land Use Code provisions for the "00' (office commercial) Zone District. The sign program shall provide that all building -mounted, business identification signage shall be non -illuminated. Furthermore, the proposed free- standing, monument sign at the project entry shall not exceed 24 square feet in area per face. (CD) 2.5 Transportation Demand Management (TDM). Prior to building permit issuance, the applicant/ developer shall prepare and submit a Transportation Demand Management Plan in compliance with Section 9-3.555, Transportation Demand Management. Based on a single business user occupying not more than a single building, and with a maximum building size of 10,456 gross square feet (GSF) and 42 employees per building, the project is required to provide a rideshare information area, secure bike storage, and preferential parking. ..2.6 Historic Depiction Program/Mondmentation 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. (CD) 2.7 Final Landscape Pans. Prior to issuance of building permits, final landscape plans shall be submitted for all entry statements, common areas, landscaped slopes, and other POA -maintained areas to the Community Development Department for review and approvai by the Design Review Committee. Final landscape plans shall show the following information and requirements: (CD) 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. All slopes of 2:1 and greater shall be permanently landscaped for erosion Exhibit 'B'; Resolution 09-08-98-06 Conditions of Approval V,AC 07-17, GPM 07-01, Koll San Juan page 9 of 21 control. e. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. f. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. g. Location, height, materials and colors of all proposed and existing walls and fences. h. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. i. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. j. Trees shall be located so as to provide shade throughout parking lots, with a minimum of one (1) tree per six (6) parking spaces. k. 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. 1. Where parking spaces are. not provided with wheelstops, sidewalks adjacent to such spaces shall be a minimum width of seven (7) feet. M. All landscape islands which are located at the front of (read -in parking spaces shall be designed with a minimum two and a half (2-1/2) foot area free from vegetation where the front of a. vehicle may overhang the planter. n. The parking areas located adjacent to Rancho Viejo Road shall be screened by low -profile wall, berm, or landscaped area, at least three (3) feet in height, designed to shield vehicles and -headlight glare. o. Portions of the parking lot devoted to landscaping -shall be provided with a permanent automatic irrigation system designed. for water conservation. P. As offered by the applicant and accepted by the City, all trees originally shown as 24 inch box -size to be planted along the perimeter of the project site shall be minimum 36 inch box -size. 2.8 Tree Preservation. The applicant/developer shall ensure that all trees designated for preservation or planted on the site are protected during construction and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy. Failure to do so shall be 'deemed a violation of the provisions of the Title 9, Land . Use Code and shall be subject to code enforcement action by the City including, but not limited to, the issuance of administrative citations against the project developer/owner. (CD) 2.9 Residential Prope[ty Propertyto the Southeast. Prior to the issuance of building permits for the. commercial - office project, the applicant/developer shall include design plans for constructing privacy 'improvements (i.e. privacy wall and landscaping) along the common property line with the existing residential property to the southeast (Assessor Parcel Number 650-01-127). The design and finish of the privacy wall shall be generally consistent with the design and finish of the soundwall, shall not exceed an overall height of 6"=0'; and shall be subject to review and approval by the Community Development Director or his designee. Exhibit "B`, Resolution 09-08-18-05 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 10 of 21- 2.10 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. (CD-B&S) 2.11 Street Im rovement Plans. Prior to issuance of building permits, 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, applicable traffic calming devices, striping, signage, signalization, storm drain, sewer, water, and all related appurtenances. (PW -ENG) 2.12 Ca istrano Circulation Fee Program CCFP . Prior to each building permit issuance, the applicant/subdivider shall. pay all applicable Capistrano Circulation Fee Program (CCFP) fees in accord with the most recently City Council -adopted fee schedule. (PW) 2.13 Project Entrance ,Sight Distance. Prior to building permit issuance, Koll shall secure City approval of final design plans for the project entrance which shall be located as proposed by the applicant at the south western portion of the property so as to provide the maximum feasible sight distance along Rancho Viejo Road consistent with the revised site and grading plans conditionally approved by the City Council on August 18, 2009. 2.14 "Spotted Bull Neighborhood" Entry Landscaping & Si nae. Prior to building permit issuance, Koll shall secure City approval of the landscape plan and "Spotted Bull neighborhood" signage plan for the vacant parcel located at the northeast corner of Spotted Bull Lane and Rancho Viejo Road. The City will solicit and attempt to secure input from the Spotted Bull Lane residents on the design of said plan. Koll shall complete the installation of all landscaping and signage improvements prior to the issuance of a Certificate of Occupancy (C of O). 2.15 Knoll Preservation. The applicant/developer shall work with staff to redesign the western edge of the northerly parking area located on the area referred to as the "knoll" feature to increase the August 18, 2009 site plan -proposed height of the knoll and adjoining slope area by approximately 5"-0" to 10'-0" and may eliminate approximately to 8-10 proposed parking spaces (would reduce the originally proposed 44 space parking surplus) in order to achieve this design objective subject to review and approval and by the Community Development Director or his designee. _The following conditions, shall be completed prior to or in conjunction with the issuance of First Certificate of Occupancy: 3.1 Off -Site Circulation Improvement Requirements. Prior to issuance of the first Certificate of Occupancy, the applicant/subdivider shall be responsible for the design and construction of; and/or, the payment of fair -share monies for those street improvements, determined by the City Engineer, as established by the City Exhibit "B', Resolution 09-08-18-06 - - Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page i 1 of 21 Council -approved Mitigation Monitoring Reporting Program (MMRP). The applicant/subdivider shall provide performance bonds/securities for 100 percent of the estimated improvement cost for each improvement as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/ securities for 100 percent of the estimated improvement costs as determined by the City Engineer. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer (PW) 3.2 Off -Site Circulation Improvement Requirements Subiect to Partial Reimbursement. Prior to issuance of the first Certificate of Occupancy, the applicant/subdivider shall design and construct and be initially responsible for 100% of the cost of the off-site improvements necessary to mitigate direct project impacts as established by the City Council -approved Mitigation Monitoring Reporting Program (MMRP) to the satisfaction the City Engineer. All easements, right-of-way acquisitions, dedications and permits needed from any agency to accommodate said improvements listed below shall be processed by the applicantlsubivider at no initial cost to the City. The City, upon a written request from the applicant/subdivider, will enter into a reimbursement agreement to partially repay the applicant/subdivider in accordance with the provisions of the Capistrano Circulation Financing Program (CCFP). However, if any circulation improvements identified in the MMRP are constructed by another party, the applicant/subdivider shall pay for the project's pro -rata "fair share" of the cost of the design and construction of the street, intersection and traffic signal improvements to their ultimate respective widths and configurations in accordance with the City of San Juan Capistrano's Master Plan of Streets and Highways, including any applicable right-of-way acquisition, base on the proportion of traffic generated by the project, as determined in a City -approved traffic study. Whether constructed by the applicant/subdivider another party, all circulation improvements identified in the MMRP shall be completed prior to issuance of the first Certificate of Occupancy The applicant/subdivider shall provide performance bonds/securities for 100 percent of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney. In addition, the applicant/subdivider shall provide labor and materials bonds/securities for 100 percent of the above estimated improvement costs as determined by the City Engineer. Any exception to or deviation from this condition shall be subject to review and approval by the City Engineer. (PW) 3.3 Caltrans Permits. Prior to issuance of building permits, any proposed improvement or work within the State right-of-way or requiring Caltrans approval shall conform to Caltrans standards and specifications and shall require an encroachment permit from Caltrans. (PW -ENG) 3.4 Traffic Control Plans. Prior to issuance of building permits, the applicant shall submit to the City Engineer for review and obtain approval for Traffic Control Plans prepared by a Registered Traffic Engineer. These plans shall show all striping, signage, signalization, and related appurtenances necessary to construct the portion of the project, including utilities, within the public right-of- way. (PW -ENG) Exhibit "B'; Resolution 09-08-18-06 AC 07-17, GPM 07-01, Koff San Juan Conditions of Approval page 12 of 21 3.5 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. (PW) 3.6 Sewer and Water Plans. Prior to the issuance of building permits, the applicant shall submit to the City Engineer and the Public Works Director for review, and shall obtain approval for, sewer and water improvement 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. (PW) 3.7 Rancho Viejo Road/Spotted Bull Lane Stop Improvements. As offered by the applicant and accepted by the City, prior to issuance of a "Certificate of Occupancy„ the applicant/ developer shall install flashing warning lights on the existing stop signs on Rancho Viejo Road at Spotted Bull Lane in a manner and subject to design approval by the City Engineer or his designee. Furthermore, the City Engineer may require that the applicant modify the pavement surface (e.g. scoring) on the approaches to the Rancho Viejo Road stop signs at Spotted Bull Lane to provide early warning of an impending stop sign to motorists approaching the intersection. (PW) Sewer System Improvements 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. The applicant/subdivider shall design and construct an 8 inch sewer line through the subject property along an alignment as depicted on the Tentative Parcel Map (TPM) for potential future sewer service to the Spotted Bull Lane neighborhood subject to requirements of and approval by the Moulton Niguel Water District. (PW) Domestic Water Improvements The applicant/subdivider shall design and construct a 12 -inch potable waterline through the subject property along alignments as depicted on the Tentative Parcel Map (TPM). 3.8 Wastewater Feasibility Study. Prior to issuance of building and right-of-way permits, the applicant shall submit to the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (PW -ENG) 3.9 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 Exhibit "B" Resolution 09-08-18-06 Conditions of Approval AC 07-1 i, GPM 07-01, Koll San Juan page 13 of 21 S 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. (PW -ENG) 3.10 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 (UTIL-). 3.11 Water System Improvements. Prior to the issuance of any building permits, the applicant shall complete the construction of all domestic water system improvements, non-domestic (recycled) water system improvements, and irrigation improvements required to serve the subject project in compliance with the Municipal Codes, standards, specifications, the Rules and Regulations for Users of Non-domestic Water and the City's water standard specifications. (UTIL) 3.12 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. This water service connection shall be to a City maintained water main pipeline as specified by Utilities Department. 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. (UTIL) 3.13 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. (UTIL) 3.14 Covenant In -lieu of Dedication of Water Bights. Prior to the issuance of permits, the applicant shall record a lessee covenant that it will not develop any wells or other means of using the water rights associated with this property (hereon Exhibit "S'; Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 14 of 21 referred to as "tali Development"), nor shall it allow any other party to conduct Wel[ Development, for the term of the applicant's lease or use of the [and. The Water Division or its designee shall be the sole water service provider for any and all improvements made on the land during the term of the applicant's lease of the land. The language of the covenant must be approved by the City prior to recordation. The covenant must be recorded with the County Recorder prior to issuance of building permits. (UTIL) 3.15 Fire Flow Demand & 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) 3.16 OCFA Review of 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 SitefAmhitectural Notes to be placed on the plans prior to submittal. (OCFA) 3.17 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 Systems." This system shall be operational prior to the issuance of a certificate of use and occupancy. (OCFA) 3.18 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) 3.19 Fire Access Roads. Prior to the issuance of a 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) 3.20 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 Exhibit "B", Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 15 of 21 Classification Packets." (OCI=A) ............. The following conditions and requirements shall be met continuously during construction, following issuance. of any grading & building permits and prior to issuance of any occupancy permits: 4.1 Compliance with.Approved Plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW -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.(CD) 4.2 Pre -construction Meeting. Contractor shall attend a pre -construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (PLN-B&S) 4.3 Drainage Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW -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. (PW -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. (PW -ENG) 4.4 Continuous Grading Operation. All grading work shall be performed in either one continuous operation or in phases that have been approved by the City. (PW - ENG; PLN-B&S) 4.5 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. (PW -ENG) 4.6 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.(CD) 4.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging. areas for equipment and materials. (CD) 4.8 Archaeological Monitor. A qualified archaeologist (defined as an archaeologist on Exhibit 'B", Resolution 09-08-18-06 Conditions of Approval SF AC 07-17, GPM 07-01, Koll San Juan page 16 of 21 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 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. The City of San Juan Capistrano Historic Preservation Manager shall have the authority to alter and/or reduce the monitoring schedule based on completed monitoring report findings indicating that artifacts and/or fossils are no longer likely to be encountered due to a lack of findings to date and/or completion of native soil ground disturbance, etc. (CD) 4.9 Native American Monitor. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, andlor 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. The City of San Juan Capistrano Historic Preservation Manager shall have the authority to alter and/or reduce the monitoring schedule based on completed monitoring report findings indicating that artifacts and/or fossils are no longer likely to be encountered due to a lack of findings to date and/or completion of native soil ground disturbance, etc. (CD) 4.10 Paleontological Monitoring. A qualified monitor (defined as an individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist, shall be on-site during construction activities that result in the grading and/or excavating of current surface material (including during project -related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements) to monitor for paleontological resources. Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities until the qualified paleontologist can determine if the resources are significant. Significant paleontological resources shall be recovered by the qualified paleontologist. The City of San Juan Capistrano Historic Preservation Manager shall have the authority to alter and/or reduce the monitoring schedule based on completed monitoring report findings indicating that artifacts and/or fossils are no longer likely to be encountered due to a lack of findings to date andlor completion of Exhibit "B" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 17 of 21 native soil ground disturbance, etc. (CD) 4.11 Emergency Access Road. An emergency access road with two points of ingress and egress is required to serve this project during all phases. Access roads shall e a minimum of twenty (20) feet of pavement or other all-weather surface as approved by the City Engineer. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW -ENG) 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. 5.1 Complete all Improvements to the City's Satisfaction, Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. In the case of a phased project, the provisions of this condition shall be applied to each phase (PW -ENG) 5.2 Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all 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. (PW -ENG) 5.3 Monumentation Restored and Corner Records Filed with County. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall 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. (PW -ENG) 5.4 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) 5.5 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 Exhibit "S" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 18 of 21 to review and approval by the City Engineer. (PW -ENG) 5.6 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. (PW -ENG) 5.7 Curb and Gutter Repair. Prior to acceptance of improvements and release of performance securities, any existing sections of curb and gutter damaged during construction may require to be repaired or replaced by the applicant, depending on the condition of these improvements prior to and after construction. (PW - ENG) 5.8 Solid Waste Reduction/Recycling Reduction/RecyclingManagement 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) 5.9 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) 5.10 Installation of Landscaping Prior to approval of final inspection (of each phase) the developer shall install all landscaping and irrigation. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Community Development Department. (CD) 5.11 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. (CD) Exhibit "8`; Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 19 of 21 5.12 Final Cultural Resource Reports. Prior to final inspection by the Community Development Department, the applicant shall submit evidence that final reports for any historical, cultural, archaeological or paleontological resources recovered from the project site during grading or construction have been filed with the appropriate information repository. Reports shall include information on disposition of resources. (CD) 5.13 Final Community Development Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Community Development Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Community Development Department shall not conduct a final inspection until any outstanding balance has been paid in full. (CD) 5.14 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) 5.15 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking — Fire Lane" as approved by the Fire Department. (OCFA) 5.16 Hydrant "Blue Dots". Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall install blue reflective pavement markers on streets, as approved by the Fire Chief, to mark the location of all fire hydrants. (Fire) 5.17 Completion of Sprinkler System. Prior to the issuance of a certificate of use and occupancy, the applicant/subdivider shall demonstrate that any required sprinkler system is operational in a manner meeting the approval of the Fire Chief. (Fire) 5.18 Utility Undergrounding. Prior to issuance of certificate of occupancy, the applicant shall underground, at no cost to the City, the 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. (Engr.). 5.19 Property Owners Association. Provide written documentation to the Community Development Department that a Property Owners Association has been formed for purposes of maintenance of common areas, including landscaping and parking areas. (CD) 5.20 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. The following ongoing conditions shall be complied with at all times after completion of the project. 6.1 Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (CD) SPExhibit 'B" Resolution 09-08-18-06 Conditions of Approval AC 07-17, GPM 07-01, Koll San Juan page 20 of 21 6.2 Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (CD) 6.3 Noise. The applicant shall ensure that noise levels do not exceed levels permitted by Section 9-3.531. Noise standards (residential and non-residential) of the Municipal Code. Prior to issuance of a "Certificate of Occupancy" the applicant shall record Conditions, Covenants & Restrictions (CC&Rs) provisions which establish noise standards consistent with the Municipal Code, subject to review and approval by the Community Development Department prior to recordation. (CD) 6.4 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. (CD) Responsible Depts/Agencies: CD: Community Development Department CD-B&S: Community Development -Building & Safety PW -ENG: Public Works -Engineering Division UTIL: Utilities Department OCFA: Orange County Fire Authority Applicant Acceptance of Conditions of Approval: Scott Meserve, The Koll Company Exhibit "B'; Resolution 09-08-18-06 AC 07-17, GPM 07-01, Koli San Juan Date Conditions of Approval page 21 of 21