Resolution Number 10-10-05-05 RESOLUTION NO. 10-10-05-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN .JUAN
CAPISTRANO, CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE PLAZA BANDERAS HOTEL MIXED USE
DEVELOPMENT AND APPROVING THE ASSOCIATED ENTITLEMENTS,
GENERAL PLAN AMENDMENT(GPA) 10-001,ARCHITECTURAL CONTROL
(AC) 10-002, GRADING PLAN MODIFICATION (GPM) 10-001, TREE
REMOVAL PERMIT (TRP) 10-003, FLOODPLAIN LAND USE PERMIT (FP)
10-001 AND TENTATIVE PARCEL MAP (TPM) 10-001 ON A 3.18 ACRE
PROPERTY LOCATED AT 26871 & 26891 ORTEGA HIGHWAY AND
GENERALLY LOCATED AT THE NORTHEAST CORNER OF°'ORTEGA
HIGHWAY AND EL CAMINO REAL (ASSESSORS PARCEL NUMBERS:
124 -170 -12,14,15&16)(PLAZA BAN DERAS HOTEL)
Whereas, Stroscher G3, Gretchen Stroscher Thomson ha s requested
approval of a planning applications for a mixed-use development on the 3.18 acres located
at 26871 &26891 Ortega Highway and generally located at the northeast corner of Ortega
Highway and EI Camino Real and comprising of a 74,973 square foot, 124-room hotel,
approximately 14,500 square feet of commercial land uses including 6,509 square feet of
retail commercial floor area, a 5,747 square foot restaurant, and a 1,971 square foot
private office; and,
Whereas, the General Plan Land Use Element designates the property as
3.1 General Commercial (GC) and is amended to Planned Community (PC) in order to
increase development rights to accommodate a Mixed Use Retail/Hotel project and to
establish a Comprehensive Development Plan (CDP); and,
Whereas, on April 20, 2010, the City Council adopted Resolution 10-04-20-
03 initiating the General Plan Amendment (GPA) study process with respect to the Plaza
Banderas Hotel project to study the proposed General Plan Amendments to the Land Use
Element's land use designation; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has required preparation of an
environmental impact report pursuant to Section 15081 of those Guidelines; has 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; has reviewed all comments and has
prepared responses to comments pursuant to Section 15088 of those guidelines; has
otherwise complied with all applicable provisions of the California Environmental Quality
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Act (1970); and all mitigation measures have been included in a Mitigation Monitoring
Reporting Program (MMRP); and,
Whereas, the Planning Commission conducted a work session on March 23,
2010 to review the project details and provided extensive comments and design
recommendations to the applicant and project team and to consider public testimony on
the proposed project; and,
Whereas, the Design Review Committee held a work session on April 10,
2010 to review the project details and provided extensive comments and design
recommendations to the applicant and the project team; and,
Whereas, the Planning Commission conducted a work session on August 10,
2010 to review the project details and Draft EIR and provided comments and design
recommendations to the applicant and project team and requested further review by the
City's DRC and to consider public testimony on the proposed project; and,
Whereas, the Transportation Commission conducted a public meeting on
August 11, 2010 pursuant to Title 9, Land Use Code, Section 9-2.339, Public Meeting
Procedures to consider the proposed project and Draft EIR and to consider public
testimony on the proposed project; and,
Whereas, the Design Review Committee held a work session on August 19,
2010 to review the project details and provided comments and design recommendations;
and,
Whereas, the Cultural Heritage Commission held a public meeting on August
24, 2010 to review the project details and provided comments and design
recommendations; and,
Whereas, the Design Review Committee held a work session on September
2, 2010 to review conditions of approval 60, 61, and 62, and review findings for the
Architectural Control application; and
Whereas, the Planning Commission conducted duly-noticed public hearings
on August 24, 2010 and September 14, 2010 pursuant to the provisions of Title 9, Land
Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, and
Planning Department Policy 510 to consider the environmental determination and
documentation pursuant to Section 15074 of the California Environmental Quality Act, and
to consider public testimony on the proposed project and has considered all relevant public
comments; and,
Whereas, the City Council conducted a duly-noticed public hearing on
October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing
Procedures to consider public testimony on the proposed project zoning entitlements, has
considered all relevant public comments; and,
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Whereas, the City Council conducted a duly-noticed public hearing on
October 5, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing
Procedures to certify the Environmental Impact Report pursuant to Section 15074 of the
California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the Draft
Environmental Impact Report (EIR) for the proposed project:
1. The Draft Environmental Impact Report(EIR) has been prepared pursuant to and in
compliance with Section 15081 of the California Environmental Quality Act (CEQA)
Guidelines and addresses all potentially significant, adverse environmental impacts
of the proposed project; and,
2. The City issued a Notice of Preparation pursuant to and full compliance with Section
15082 of the CEQA Guidelines and has addressed all CEQA-relevant issues raised
as part of the Notice of Preparation (NOP) scoping process, and the Draft
Environmental Impact Report (EIR) has been prepared pursuant to Section 15084
of those Guidelines; and,
3. The City conducted a public scoping meeting on the content of the Draft
Environmental Impact Report(EIR) on June 10, 2010 pursuant to Section 15082(c)
of the CEQA Guidelines and has addressed all CEQA-relevant issues raised during
the public scoping meeting; and,
4. The City issued a Notice of Completion pursuant to Section 15085 of those
Guidelines and provided a 45-day public review period and provided the requisite
documents to the State Clearinghouse (SCH) for distribution to affected and/or
interested State agencies for review and comment pursuant to Section 15087 of
the California Environmental Quality Act (CEQA) Guidelines; and,
5. The City has reviewed all public agency and private party CEQA-related comments
and prepared Response to Comments pursuant to and in full compliance with
Section 15088 of the California Environmental Quality Act (CEQA) Guidelines, and
has otherwise complied with all applicable provisions of the California
Environmental Quality Act; and,
6. The City has identified, analyzed and disclosed all potentially significant, adverse
impacts of the project, identified appropriate and feasible mitigation measures to
reduce impacts to a level of insignificance, and all mitigation measures have been
included in a Mitigation Monitoring Reporting Program prepared pursuant to and in
full compliance with the California Environmental Quality Act (CEQA) Guidelines;
and,
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7. The City has prepared detailed Findings of Fact with respect to compliance with the
California Environmental Quality Act (CEQA), and those findings fully support
certification of the Final Environmental Impact Report (EIR).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the General
Plan Amendment (GPA) for the proposed project:
1. The proposed project will be consistent with the goals, policies, and
recommendations of the General Plan Land Use Element because the proposed
amendments to the land use designations would further the achievement of and be
consistent with the following General Plan goals and policies:
Consistent with Land Use Goal 1 as follows, the proposed project would develop
more diverse commercial and residential land uses that would contribute to a
more balanced land use pattern and generate sufficient revenues to support
needed public services
Land Use Goal 1: Develop a balanced land use pattern to ensure that revenue
generation matches the City's responsibility for provision and maintenance of
public services and facilities.
Consistent with Policy 1.1 as follows, the project would allow the development of
commercial uses, restaurants, hotel, and commercial office use that would
provide a balance or surplus of public revenues to support necessary public
services.
Policy 1.1: Encourage a land use composition in San Juan Capistrano that
provides a balance or surplus between the generation of public revenues and
the cost of providing public facilities and services.
Policy 1.2: Encourage commercial, tourist-oriented, and industrial development
that is compatible with existing land uses within the City to improve the
generation of sales tax, property tax, and hotel occupancy tax.
Consistent with Land Use Goal 2 as follows, the proposed project would direct
proposed development within the downtown to maintain the village--like
character.
Land Use Goal 2: Control and direct future growth within the City to preserve the
rural village-like character of the community.
Consistent with Policy 2.2 as follows, the proposed project would be designed in
a manner that is consistent and compatible with the existing character of the City
through providing elevations and mass distribution on the proposed site, limiting
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the height of the commercial/retail buildings and providing architectural that is
balanced with existing downtown architecture.
Policy 2.2:Assure that new development is consistent and compatible with the
existing character of the City.
Consistent with Policy 2.3 as follows, the proposed project would be required to
construct certain infrastructure for water, recycled water, storm drainage, and
sanitary sewer.
Policy 23: ,Ensure that development corresponds to the provision of public
facilities and services.
Consistent with Land Use Goal 5 as follows,the proposed project would provide
commercial development which serves community needs and is located in the
existing central business district.
Policy 5.1: Encourage the location and retention of businesses within the
downtown Mission District.
2. The proposed project will be consistent with the goals, policies, and
recommendations of the Circulation Element because the Draft Environmental
Impact Report (EIR) traffic analysis specifically evaluated the proposed project
which is considered an infill-project with existing street access to Ortega Highway, EI
Camino Real and Spring Street. The project does not propose to alter or modify the
existing street system in order to construct the proposed improvements. The project
entry access driveway at Ortega Highway is not anticipated to significantly impact
the Ortega Highway/Interstate 5 off ramps. The Draft Environmental Impact Report
(EIR) traffic analysis states that "Based on the ICU Method of Analysis and LOS
criteria defined Section 4.2.2 (Significance Criteria), all of the signalized
intersections currently operate at an acceptable LOS during both a.m. and p.m.
peak hours of a "typical"weekday. Although two intersections currently operate at
LOS E (i.e., 1-5 NB Ramps/Ortega Highway and 1-5 SB Ramps/Ortega Highway),
this intersection is designated as a "Traffic Operation Hot Spot"intersection in the
Circulation Element of the San Juan Capistrano General Plan. The acceptable level
of service for"Hot Spot"intersections is LOS E, all other intersections must operate
at LOS D or better".
3. The proposed project will be consistent with the goals, policies, and
recommendations of the General Plan Cultural Resources Element because it
establishes Policy 1.1, which provides that the City will "Balance the benefits of
development with the project's potential impacts to existing cultural resources" The
most significant land use in the vicinity of the site is Mission San Juan Capistrano,
which is located west of EI Camino Real. The Mission is listed in the National
Register of Historic Places (NRHP) and on the California Register of Historical
Resources. The City of San Juan Capistrano also recognizes the historic importance
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of Mission San Juan Capistrano and lists it as its first landmark on the City's Inventory
of Historic and Cultural Landmarks(IHCL). Mission San Juan Capistrano represents
not only an important cultural resource within the City but also is one of the most
visually and aesthetically important and prominent features in San Juan Capistrano.
In addition, the City lists Spring Street(from El Camino Real to its easterly terminus at
the 1-5 Freeway) and El Camino Real on its IHCL; they are designated as "City
Historic Streets." A single-family residence is located at the southeastern comer of EI
Camino Real and Spring Street (Stroschein House). This residence, which was
constructed in 1927, is listed on the IHCL and was also listed in the NRNP in 2009..
Furthermore, the proposed project is designed to provide appropriate setbacks from
the above mentioned historic and cultural resources to limit the potential for significant
impacts. The hotel building is strategically designed on the site plan to avoid view
impacts to the Mission from adjacent view sheds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to Tentative
Parcel Maps (TPM) for the proposed project:
1. The proposed Tentative Tract Maps are consistent with the General Plan and
comprehensive development plan because the proposed amendments to the
General Plan are consistent with specific goals and policies of the General Plan and
because the Draft Comprehensive Development Plan for the Plaza Banderas
project has been designed consistent with the General Plan. Also, the proposed
development plans are consistent with the General Plan and with the
Comprehensive Development Plan the proposed project and would further several
important goals and policies of the General Plan Land Use Element and Cultural
Resources Element.
2. The design or improvement of the proposed subdivision maps is consistent with the
General Plan and comprehensive development plan because the proposed
development plans have been designed consistent with the proposed amendments
to the General Plan and the draft Comprehensive Development Plan, the proposed
subdivision design will be consistent with those policy and regulatory documents
3. The site is physically suitable for the type of proposed development because the
proposed project includes a rezone of the subject property from GC (General
Commercial) District to PC (Planned Community) in order to accommodate the
proposed project and more specifically, to allow a three-story hotel with a maximum
height of approximately 43 feet 6 inches and to allow the hotel, retail/office, and
restaurant project to be developed with a floor area ratio (FAR)of 0.66, because the
property was previously developed and used for lodging uses, because the property
is situated with the Historic Town Center of the City and the General Plan
recommends the development of a hotel within the planning area, because the
project site directly fronts a major arterial street (State Route-74 Ortega Highway),
and because the project site is situated with convenient access to Interstate-5; and,
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A Comprehensive Development Plan (CDP) has been prepared for the proposed
project in accordance with the Planned Community District regulations outlined in
Section 9-3.315 of the San Juan Capistrano Municipal Code. The purpose and
intent of the CDP is to provide for a diversity of uses, site-specific development
standards and building relationships to achieve a coordinated and well-planned
development project that complies with the goals and objectives of the General
Plan. In addition, the CDP prescribes proper land use regulations, identifies
permitted and conditionally permitted uses to ensure that they are regulated in a
manner that will result in a high quality planned community that is compatible with
and complements the existing historic uses in the historic downtown area. The
development standards established in the CDP are intended to address the unique
characteristics of the project site as well as consistency and compatibility,with
existing land uses.
4. The site is physically suitable for the proposed density of development which
proposes a floor area ratio (FAR) of 0.66 because the proposed Comprehensive
Development Plan would establish requirements for building forms and architecture,
open areas, setbacks and parking consistent with the goals and policies of the
General Plan Land Use Element and Community Design Element and the City's
Architectural Design Guidelines to assure that the proposed project is developed so
as to be compatible with the character of development in the Historic Town Center
planning area.
5. The design of the subdivisions and their proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat because the Draft Environmental Impact Report (EIR)
includes an assessment of the project's potentially significant biological resource
impacts and concludes the project's impacts to such resources would be sufficiently
mitigated through the City standard conditions.
6. The design of the subdivisions 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 design of the proposed subdivision
would not conflict with any public easements. The project does propose necessary
public street right-of-way dedication where applicable to accommodate necessary
street improvements consistent with the General Plan Circulation Element.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the
Architectural Control (AC) for the proposed project:
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
Comprehensive Development Plan because the Comprehensive Development Plan
has been prepared consistent with the proposed development plans for the project
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including the site and architectural plans ,and should the City Council ultimately
determine that the proposed land use and development standards proposed within
the Draft CDP are appropriate and acceptable, the proposed use and design of the
project will be consistent with those use and development standards.
2. The proposed use and design of the project will be consistent with the goals,
policies and objectives of the General Plan, including the Community Design
Element because the goals and policies of the General Plan Community Design
Element are substantially implemented through the City's adopted Architectural
Design Guidelines and the conditions of approval provide for further Design Review
Committee and Planning Commission review of the project preliminary design
plans and final construction plans to assure for consistency with these guidelines.
Furthermore, the draft CDP contains "Design Standards" that are intended to
provide further guidance to ensure that high quality architectural design is
integrated into the proposed development plans. Finally, the pr6ject will be
consistent with the policies and objectives of the Community Design Element to the
extent the project is consistent with the following policies under the Community
Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in development to
maintain the character of the City,"and,
Policy 2.1: "Encourage development which complements the City's traditional,
historic character through site design, architecture, and landscaping".
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 because
the 3.18-acre "Plaza Banderas Hotel" site has been designed to accommodate the
proposed project building elements. Development standards established in the Draft
Comprehensive Development Plan,will address building setbacks, building heights,
open areas, massing, landscaping, parking and site access.
4. The character, scale and quality of the architecture, site design and landscaping will
be consistent with the adopted Architectural Design Guidelines of the City because
the project's architectural design will be substantially consistent with the City's
Architectural Design Guidelines and relies on the use of varied roof lines, varied
building massing, courtyards, colonnades, varied color palettes and materials and
an acute understanding of the design elements of Spanish Colonial Revival style
architecture subject to further review of the proposed preliminary design plans by
the Design Review Committee and Planning Commission as provided by the
conditions of approval. The site plan and building architecture will essentially create
a development plan that effectively manages the mass and bulk of proposed
buildings. The proposed restaurant building is located along EI Camino Real and
provides a varied building mass with an arched colonnade that is located adjacent
to a pedestrian plaza that provides access to the retail/office building with varied
roof heights and architectural design details.
8 10-05-2010
The project design provides varied setbacks with second story building masses
setback to reduce the visual mass. Balconies, dormers, eaves and similar
architectural features have been incorporated to create visual interest and while the
project design is intended to convey a sense of"richness of detail", the preliminary
design plans and the design details will be subject to further review and approval by
the Design Review Committee and Planning Commission should City Council
approve the project.
The building elevation designs and the proposed materials and colors indicate that
the proposed project will use earthtone colors and suitable building materials
consistent with the architectural design. The proposed buildings will include
integrated tower elements and architectural projections that add visual interest to
the building rooflines and roof-mounted equipment will be screened at least partially
from off-site views. `
The project includes conceptual landscape plans with a reference to the"Nifty Fifty"
landscape palette that incorporates a California native plant selection and relies on
a combination of formal and natural plant groupings to accent entrances, visually
buffer building massing and retaining walls, screen parking, and enhance courtyards
and public spaces. Additional follow-up review will be required by the Design
Review Committee to assure that the preliminary landscape design plans are
substantially consistent with City-approved landscape concept.
Furthermore, the project will be consistent with the adopted Architectural Design
Guidelines because the following design principles will be met by the proposed
project subject to further Design Review Committee and Planning Commission
review and approval:
Design Issue/Principal 1: Human Scale._The proposed project has a well-balanced
pedestrian orientation and human scale. The project provides architectural features
such as balconies, arches, window awnings and varied roof planes that provide for
architectural articulation that break-up the building mass. The pedestrian circulation
experience is enhanced with the plaza area that is located at the southwest corner
of the site, enhanced paving throughout the pedestrian corridors of the site and
landscaping along the interior paseo and perimeter of the project.
Design Issue/ Principle 2: Eclectic Building_Styles.. The applicant proposes a
Spanish Colonial Revival style theme, which incorporates architectural elements
that will allow the proposed development to architecturally exist amongst the
adjacent buildings that are located within the downtown area.
Design Issue/ Principal 5: Heritage and Tradition. The proposed design of the
buildings is reflected in the history and tradition of San Juan Capistrano. The
buildings contain arched and overhead balconies with heavy timber support
columns that are reminiscent of the "western-type" architecture. The proposed
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landscaping design provides a tree palette found locally and in the vicinity of the
Mission. The applicant has not submitted a Historical Depiction Program (HDP) at
this time. As part of Planning Commission's review, staff will condition the project to
provide a HDP per City Council Policy 606.
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate earth-tone colors to enhance the architectural details of the
project. The stucco finish and other details associated with the architecture will be
required as a condition of approval. The applicant also proposes to install
landscaping along the perimeter of all buildings, and along the interior paseo
between the hotel and the retail buildings, and integrated with enhanced paving
which will enhance the overall pedestrian experience which is consistent with the
Architectural Design Guidelines, which state that, "Unarticulated and solid wall
surfaces degrade the quality of the pedestrian experience. Buildings facing
pedestrlan streets and plazas should incorporate design features thatprovide visual
interest at the street and plaza levels." The outdoor plaza will provide visual interest
with a fountain and mature trees; and will complement the existing pedestrian
experience.
Design Issuel Principle $: Linkages and Connections. The proposed pedestrian
circulation design allows for hotel users to access the retail and restaurant building
via a paseo and with a connection to the plaza area, which will provide a place for
sitting, congregating and waiting. The plaza will include a fountain, enhanced
paving, landscaping and seating and will provide an inviting outdoor social
experience for visitors and pedestrians that travel to and from the downtown area.
5. The site plan will provide functional and safe vehicular, bicycle and pedestrian
access and circulation because the proposed site development concept provides a
continuous access drive through the parking lot with entrances from Ortega
Highway, Spring Street, and El Camino Real with a total of four (4) access
driveways. Pedestrian access to the Hotel building from the parking lot will also
provided via a sidewalk at the east section of the parking lot. All surface parking will
be designed to include landscaping to visually buffer views from the adjoining
streets. Pedestrian linkages through the plaza into the project site are proposed to
include landscape area.
6. The proposed use and design of the project will be compatible with surrounding
existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other development
characteristics because the proposed project design relies on the use of varied roof
lines, varied building massing, courtyards, colonnades, varied color palettes and
materials consistent with the design elements of Spanish Colonial Revival style
architecture and will be architecturally compatible with similarly designed buildings
within the downtown area subject to further review of the preliminary design plans
by the Design Review Committee (DRC) and Planning Commission.
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NOW, THEREFORE, BE IT 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) for the proposed project:
1. 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 site is relatively
flat along the east portion, adjacent to Horno Creek, but has a higher elevation at
the west portion of the site. The grading plan reveals that approximately 20,000
cubic yards of earth will be imported in order to raise the site.above the '100-year
flood plain of Homo Creek, resulting in an elevated site with approximately 2 feet to
8 feet with an average of 4 feet of imported soil. The grading concept proposes to
drain the project to the east. The Draft EIR aesthetic section includes view
simulations that provide an assessment of the visual impacts. Building massing,
placement and design along with proposed landscaping should substantial mitigate
the effect of earth importation.
2. The proposed project seeks to establish a new grading design concept for the site
which has historically been a flat site without a prior approved grading project.
3. 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 includes a limited amount of cut and approximately 20,000 cubic yards of
imported earth. The site will be graded to match the existing grade elevations at the
four proposed entry driveways located at Ortega Highway, EI Camino Real and
Spring Street. The use of retaining walls is not proposed along the street elevations
and elevations are designed to be consistent and compatible with the immediately-
adjacent lots and streets. Consequently, the visual impact of the proposed project
would be limited and localized and the proposed grading concept for the project site
sufficiently harmonizes proposed grades with natural contours.
4. The proposed modified grading plan shows the location of any proposed building
footprints which shall 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, of this title are consistent because
the site plans for the "Plaza Banderas Hotel" site have been designed to provide
sufficient setbacks and to meet the requirements of Section 9-4.313 of the Title 9,
Land Use Code.
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology,water quality, views,trail
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10-05-2010
easements, or other aspects of development because the Draft Environmental
Impact Report(EIR)evaluates potentially significant impacts of the proposed project
design. As designed, the proposed preliminary grading plan would not adversely
impact the hydrology, water quality, views, etc. of other properties because
proposed mitigation measures sufficiently address water quality and aesthetic/view
impacts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Sart Juan Capistrano does hereby make the following findings with respect to the
Floodplain Land Use Permit (FP) for the proposed project:
1. The application complies with all of the location and land use standards for uses or
structures as set forth in Section 9-3.405 of this Code because the easterly portion
of the subject property is located within the limits of the Horno Creek 100-year
floodplain as delineated by FEMA. As a result, the proposed-'project must be
designed to ensure that the proposed structures are located above the limits of the
100-year flood elevation.
The applicant has submitted and received acceptance of the on-site Conditional
Letter of Map Revision — Fill (CLOMR-Fill), which demonstrates that the lowest
adjacent elevation to any proposed building is at or above the 100-year water
surface elevation in the area. The Conceptual Grading Plan reveals that the project
has been design to drain to the east. The Plaza (i.e., has a water surface elevation
of 118.2 feet amsl and the Hotel has a water surface elevation of 117.7 feet amsl.
The lowest adjacent elevations exceed the water surface elevations. All of the
proposed structures are located outside the limits of the 100-year flood
plain/inundation area. Therefore, project implementation will not result in potentially
significant flooding impacts caused by flooding along Horno Creek. Once the
project is constructed, an "as-built plan" will be submitted to FEMA in order to
receive the final LOMB-F, which will remove the buildings from the flood plain. No
mitigation measures are required.
Z Approval of the application will not result in a discernible net increase in water
surface elevation, will not create or exacerbate erosive velocities within special flood
hazard areas, and will not contribute to flooding of other properties not previously
inundated by the 100-year storm event because the proposed project does not
propose flood elevation alterations to Horno Creek or to adjacent properties and
would therefore not impact other properties not previously inundated by the 100-
year storm event.
3. Development and use of the property as proposed are consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because as previously disused, project implementation will not result in potentially
significant flooding impacts caused by flooding along Horno Creek. Once the
project is constructed, an "as-built plan" will be submitted to FEMA in order to
receive the final LOMR-F, which will remove the buildings from the flood plain.
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The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete because as discussed in
the previous sections, the use and development of the proposed project in
conjunction with the proposed mitigation measures, determine that the proposed
use and development of the property are consistent with all other applicable
requirements of the agencies listed above.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the Tree
Removal Permit (TRP) for the proposed project:
The tree proposed for removal is unsuitable to the planting area in that the area is
too small to accommodate the height, diameter of trunk or canopy, or root zone of
the tree, or excessive trees exist on the site requiring thinning to maintain tree
health and furthermore because according to the "Existing Tree Inventory" report
prepared by Land Concern,the existing development site contains approximately 79
trees of which 28 are Citrus trees which are believed to be planted around 1920.
The report and the survey exhibit indicate that the site contains Citrus, Loquat,
Camphor, Mexican Fan Palms, Queen Palms, English walnut, Liquidambar,
Eucalyptus and California Pepper trees. The proposed project proposes to remove
all trees and vegetation in order to grade the site for compliance with the FEMA
floodplain elevation requirements. The project proposes to replant with California
Native/Friendly trees that are based on the "Nifty Fifty" plant and tree selection list.
2. The tree is an unsuitable variety for the site in that the species is not a native
variety, is not in keeping with the community character of San Juan Capistrano, is of
an invasive species, or otherwise conflicts with the intent of this ordinance because
as indicated previously, the survey indicates that non-native trees exist on the site
and will be removed and replanted with California Native/Friendly tree varieties that
are in keeping with the community character of San Juan Capistrano.
3. Removal of the tree will not have an adverse impact on adjacent properties or the
general welfare in that its removal will not adversely impact views, public
streetscapes, or other aesthetic considerations because the removal of the trees will
allow for wider and/or uninterrupted views of the hillsides to the east, west, and north
when viewed from Del Obispo and Ortega Highway and the downtown area. The
project proposes to replant with California Native/Friendly tree varieties that are in
keeping with the community character of San Juan Capistrano.
4. Where appropriate, replacement trees have been proposed to maintain the urban
forest canopy and the replacement trees are more appropriate to the site and to the
planting area because as indicated previously, the project proposes to replant with
13 I0-05-2010
California Native/Friendly tree varieties that are in keeping with the community
character of San Juan Capistrano.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano hereby certifies the Draft Environmental Impact Report(EIR) subject
to the Findings of Fact as provided by Exhibit A, Statement of Overriding Considerations as
provided by Exhibit B, and Mitigation Monitoring Reporting Program (MMRP) as provided
by Exhibit C; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves the General Plan Amendment (GPA)
amending the land use designation of the 3.18 acre project site frost "3.1 General
Commercial" to "PC" (Planned Community) as provided by Exhibit D, and adopting the
Plaza Banderas Hotel Comprehensive Development Plan for the proposed project; and,
NOW,THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves the Rezone (RZ), Tentative Parcel Map
(TPM), Architectural Control (AC), Tree Removal Permit (TRP), Floodplain Land Use
Permit (FP) and Grading Plan Modification (GPM) for the proposed project subject to the
conditions of approval as provided by Exhibit E, attached hereto and incorporated herein.
PASSED,APPROVED AND ADOPT this Stn day of October, 2010, by the
following vote, to wit: M
� f1
DR. LONDRES USO, M °`lQR
ATTEST' w
vi (cu A
i .
MARK R IS, CI LERK
14 10-05-2010
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-10-05-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5t"day of
October 2010, by the following vote:
AYES::' CO NCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso
NOES: 11 NCIL MEMBER: None
ABSENT: ,. UNCIL MEMBER: None
MA lA O RI , CitI
15 10-05-2010
STATEMENT OF FINDINGS AND PACTS, AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE PROPOSED PLAZA BANDERAS HOTEL PROJECT
SAN JUAN CAPISTRANO, CA
HAVING RECEIVED, REVIEWED, AND CONSIDERED THE FOLLOWING INFORMATION AS WELL AS
ALL OTHER INFORMATION IN THE RECORD OF PROCEEDINGS ON THIS MATTER, THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY FINDS, DETERMINES AND
DECLARES AS FOLLOWS:
L INTRODUCTION
The California Environmental Quality Act ("CEQA"), Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 provide that:
(a) No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the
project unless the public agency makes one or more written findings for each of
those significant effects, accompanied by a brief explanation of the rationale for
each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or project alternatives
identified in the final EIR,
(b) The findings required by subsection (a) shall be supported by substantial
evidence in the record.
Section 15092 of the State CEQA Guidelines further stipulates that:
(b) A public agency shall not decide to approve or carry out a project for which an
EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the
environment, or
(2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in findings under Section
15091, and
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 1
EXHIRIT A
(B) Determined that any remaining significant effects on the
environment found to be unavoidable under Section 15091 are
acceptable due to overriding concerns as described in Section
15093.
In making the findings required by Section 21081, the public agency must base its findings on substantial
evidence in the record.
An Environmental Impact Report(EIR) for the project has been prepared and certified as complete by the
City of San Juan Capistrano. The EIR identifies certain significant effects that may occur as a result of the
Plaza Banderas Hotel project alone or on a cumulative basis in conjunction with other past, present, and
reasonably foreseeable future projects. The environmental review process for the Plaza Banderas Hotel
project is summarized below.
1. In accordance with CEQA requirements, a Notice of Preparation (NOP) of a Draft EIR was filed
with the State Clearinghouse on May 26, 2010. The State Clearinghouse assigned State
Clearinghouse Number 2010051075.
2, The NOP was distributed to all responsible and trustee agencies, utility and service providers,
Orange County Clerk/Recorder, and other interested parties on May 24, 2010 for a 30-day public
review. The review period ended on June 24, 2010.
3. The City of San Juan Capistrano distributed a Notice to all property owners within 1,000 feet of the
subject property, which notified nearby property owners that would be most directly affected by
implementation of the proposed project, along with public agencies and interested organizations,
that a Scooping Meeting would be held as a means of providing comments on the scope of the
Draft EIR.
4, A Scoping Meeting was conducted for the proposed Plaza Banderas Hotel project on June 10,
2010 in the San Juan Capistrano City Council Chambers,
5. In accordance with CEQA requirements, a Notice of Completion (NOC) of the Draft EIR was filed
with the State Clearinghouse on August 3, 2010,
6, The Draft EIR was distributed to agencies, interested organizations, and individuals by the City of
San Juan Capistrano. The distribution list is available at the City of San Juan Capistrano Planning
Department.
7. A forty-five (45) day public review period for the Draft EIR was established pursuant to State law,
which commenced on August 3, 2010 and ended on September 17, 2010.
8. Comments received during the public review period for the Draft EIR were responded to in a
Response to Comments document dated September 2010, and distributed to each commenter
ten days prior to consideration by the San Juan Capistrano City Council.
9. A Final EIR has been prepared for the Plaza Banderas Hotel Project. The following components
comprise the Final EIR:
a. Draft EIR, July 2010;
b. Comments received on the Draft EIR and responses to those comments, September
2010; and
C. All attachments, incorporations, and references to the documents delineated in items a
and b above.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 2
The City of San Juan Capistrano is the Lead Agency with respect to the project pursuant to State CEQA
Guidelines Section 15357. As a Lead.Agency,the City is required by CEQA to make findings with respect
to each significant effect of the Project.
The City of San Juan Capistrano has reviewed the EIR. The following sections make detailed findings
with respect to the potential effects of the Plaza Banderas Hotel project and refer, where appropriate, to
the mitigation measures set forth in the Final EIR.
The Final EIR and the administrative record concerning the Plaza Banderas Hotel project provide
additional facts in support of the findings herein. The Final EIR (which includes, among other
components, the Graft EIR, and the Response to Comments on the Draft EIR) is hereby incorporated into
these Findings in its entirety. Furthermore, the mitigation measures set forth in the Mitigation Monitoring
Program (MMRP) are incorporated by reference in these Findings. The Mitigation Monitoring and
Reporting Program (Exhibit C)was developed in compliance with Public Resources Code Section 21081.6
and is contained in a separate document. Without limitation, these are intended to elaborate on the scope
and nature of mitigation measures, the basis for determining the significance of impacts, the comparative
analysis of alternatives, and the reasons for approving the Plaza Banderas project in spite of associated
significant unavoidable adverse impacts.
Final EIR SCH No. 2010051075 for the Plaza Banderas Hotel project identified significant environmental
impacts prior to mitigation that may occur as a result of implementing the project. Thus, in accordance
with the provisions of CEQA, the San Juana Capistrano City Council hereby adopts these findings as part
of its action to certify Final EIR SCH No. 2010051075 and approve the Plaza Banderas Hotel project.
Il. DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL
Consistent with the intent of CEQA, the State CEQA Guidelines, and relevant judicial interpretations of
CEQA the "project" addressed in the f=inal EIR is defined to include the approval of the Plaza Banderas
Hotel Project, which includes the development of a 74,973 square foot, 124-room hotel. The hotel will
accommodate an event center with other amenities, including an outdoor swimming pool and Jacuzzi spa,
exercise room, media room, restaurant, bistro, and laundry facilities. In addition to the hotel, a
retaillofficelrestau rant component is also proposed, which encompasses 14,227 square feet of retail
commercial, professional office, and restaurant floor area at the corner of Ortega Highway and El Camino
Real. This development component consists of 6,509 square feet of retail commercial floor area, a 5,747
square foot restaurant, and a 1,971 square foot private office (owner-occupied).
Project implementation necessitates the approval of the following legislative and discretionary actions by
the City Council:
• A General Plan Amendment application to change the land use designation of the project
site from"General Commercial (GC)" to"Planned Community (PC)."
• A Rezone to amend the Zone District designation from "General Commercial (GC)" to
"Planned Community (PC)"Zone District and adopt a Comprehensive Development Plan.
A Tentative Parcel Map to merge existing lot lines and consolidate the property into a
single parcel (including City right-of-way).
• An Architectural Control (AC) for the preliminary site, architectural and related
development plans for the proposed project.
A Tree Removal Permit to conform to the City's regulations for tree removal.
• A Grading Plan Modification to accommodate grading on the site.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 3
• A Floodplain Land Use Permit to evaluate any project impacts to Horno Creek.
• Sign Program (Business Sign Regulations Permit) to establish signage and sign
regulations for the development.
Ill. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT
The following describes impacts of the Plaza Banderas project found to be less than significant.
1. Agricultural Soils (convert Prime Farmland, Unique Farmland or Farmland of Statewide
Important (Farmland); conflict with existing zoning for agricultural use, or a Williamson Act contract;
involve other changes in the existing environment which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use.)
Fact. Implementation of the project will not result in the conversion of any designated
prime or otherwise significant farmland. The project site is located within a developed anq urbanized area
of the City of San Juan Capistrano. According to the Orange County Important Farmland Map, the project
site and other areas in the vicinity are designated as "Urban and Built Up Land" (i.e., land occupied by
structures with a building density of at least one unit to one and one-half acre) and "Other Land" (i.e., lands
which do not meet the criteria of any other category). The project site is not zoned for agricultural uses, nor
included in a Williamson Act contract. The San Juan Capistrano General Plan does not designate the
subject property either for agriculture or for farmland. Because neither the site nor the project area
contains any agricultural lands, project implementation will not result in the conversion of existing
agricultural resources for non-agricultural purposes. There are no properties located in the vicinity of the
project site that are designated for agricultural uses or are currently in agricultural use. Project
implementation will not result in any impacts to agricultural soils or important farmland.
2. Mineral Resources (result in the loss of availability of a known mineral resource that
would be of value to the region and the residents of the site; result in the loss of availability of a locally-
important mineral resource recovery site delineated on a local general plan, specific plan or other land use
plan)
Fact. Neither the City's General Plan nor the State of California has identified the site or
environs as a potential location for mineral resources of Statewide, regional, or local significance. No
mineral resources are known to exist. Therefore, development of the subject property as proposed will
not result in the loss of any locally important mineral resource recovery site. No significant impacts will
occur as a result of project implementation.
3. }population and Housing (Induce substantial population growth in an area, either directly
(for example, by proposing new homes and businesses or indirectly (for example, through extension of
roads or other infrastructure; Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere; Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere.)
Fact. The proposed development will not result in the elimination of any residential
dwelling units or residents. Therefore, no existing housing or residents will be displaced if the project is
approved and constructed and no significant impacts will occur. Further, project implementation does not
include the development of the site for residential or other land uses that would be considered directly
growth-inducing. Further, all of the existing infrastructure exists in the area and is available to
accommodate the proposed industrial/office development. Adequate capacity exists in all of the
infrastructure systems that serve the site (e.g., sewer, water, storm drainage, roadways, etc.) and no new
or expanded facilities are required to provide service to the project. No significant additional growth would
be anticipated to occur as a direct result of the proposed industrial/office development. Therefore, no
significant growth-inducing impacts are anticipated as a result of project implementation.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 4
4. Recreation (Would the project increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial physical deterioration of the facility would occur
or be accelerated; Does the project include recreational facilities or require the construction of or
expansion of recreational facilities which might have an adverse physical effect on the environment?
opportunities??
Pact. Project implementation, which proposes the development of a vacant site that is
designated for commercial use, includes the construction of 89,200 square feet of commercial floor area
on the site, including a 124-room hotel, retail/office, and restaurant. No residential development is
proposed that would create a new demand, or increase an existing demand, for recreational facilities.
Existing parks in the vicinity of the project site will not be physically altered nor will their total acreage be
reduced as a result of project implementation. Further, given the nature of the Project (i.e., non-
residential), a greater demand for parks and recreation would not occur because the Project would not
result in a direct increase in population that would necessitate new or expanded recreational facilities.
Therefore, no significant impacts to City-wide recreational opportunities are anticipated and no mitigation
measures are required,
5.
emissions either iGreenhousor e
ind
Gas/Climate Change (Would the project generate greenhouse gas
that may have a significant impact on the environment; Would the
project conflict with an applicable plan, policy or regulation, adopted for the purpose of reducing the
emissions of greenhouse gases?)
Fact. No significant greenhouse gas emissions would be generated by the proposed
project. As indicated, the GHG emissions reductions for transportation, buildings, energy, and other
economic sectors would be implemented by 2020; therefore, the proposed project would be consistent with
the GHG reduction goals of AB32 as described in the statewide GHG emissions reduction strategy outlined
in the Scoping Plan. No mitigation measures are required.
FINDING
The environmental effects listed above are found not to be significant based on the analysis conducted for
the proposed project.
FACTS IN SUPPORT OF FINDING
A. The discussion and analysis in the environmental analysis conducted for the proposed Plaza
Banderas project indicate that the environmental effects listed above are less than significant.
B. During the 45-day public review period as mandated by CEQA, the Draft EIR was distributed to all
responsible and trustee agencies and other interested parties and no comments were received
that would modify the above finding.
IV. FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT
A. LAND USE/RELEVANT PLANNING
1. IMPACT
Long-Term Impacts: The proposed project includes a general plan amendment and zone
change to accommodate the hotel/mixed-use development of the site. However, the
proposed project, which includes a hotel, retail commercial, professional office, and
restaurant uses, is consistent with the long-range goals, policies and objectives adopted by
the City in the General Plan Update. The proposed project is also compatible with the
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 5
existing land uses in the area. The proposed project will comply with the.applicable land use
regulations prescribed in the San Juan Capistrano Municipal Code, the proposed
development standards in the proposed CDP, the City's design guidelines for the respective
development, and related regulatory controls to ensure consistency and compatibility.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.1 of the EIR.
SC 4.1-1 The Plaza Banderas Hotel project will be reviewed for consistency with the
approved Comprehensive Development Plan (CDP), California Building
Code, Uniform Fire Code, and other applicable codes and ordinances prior
to issuance of building permits.
Facts in Support of the Finding: The measure prescribed in the EIR will minimize project-
related changes to the adopted land use plan and zoning and will ensure that land use
impacts are avoided through the enforcement of the applicable land use, zoning and
development standards adopted for the Comprehensive Development Plan (Plaza
Banderas Hotel). In addition, the project will be designed with superior design standards
that are intended to ensure the integrity of the mixed-use development will be maintained.
Compliance with the applicable ordinances and development standards will ensure that
the proposed development will be compatible with the adjacent residential, commercial,
and public/institutional uses.
All significant environmental effects have been avoided or substantially lessened by virtue
of the measure described above. No significant, unavoidable adverse impacts will remain
after implementation of the required standard condition.
B. TRAFFIC AND CIRCULATION
1. IMPACT
Short-Term Impacts: Project implementation will result in the generation of construction-
related traffic associated with grading, site preparation and construction. The construction-
related traffic will result in some traffic delays resulting from the use of heavy trucks hauling
construction equipment and materials to and from the site.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.2 of the EIR.
MM 4.2-1 a Prior to issuance of the first building permit for each phase of development,
a Traffic Control Plan and Construction Management Plan shall be
prepared and implemented during the construction phase for each
improved phase. The Traffic Control Plan shall specify: .
• Traffic control for any street closure, detour or other disruption to
traffic conditions
• Routes that construction vehicles will utilize for the delivery of
construction materials (i.e., lumber, tiles, piping, windows, etc.) to
access the site, traffic control and detours and proposed
construction phasing plan for the project.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 6
Parking needs and parking areas for construction-related
equipment and workman support.
Hours during which transport activities can occur and methods to
mitigate construction-related impacts to adjacent streets.
The Traffic Control and Construction Management Plan shall comply with
the standards established in the current California Manual on Uniform
Traffic Control Devices (MUTCD) as well as City of San Juan Capistrano
requirements.
MM 4.2-1 b The applicant shall be required to keep all haul routes clean and free of
debris, including but not limited to gravel and dirt; as a result of its
operations. The applicant shall clean adjacent streets, as directed by the
City Engineer (or representative of the City Engineer) of any material that
may have been spilled,tracked or blown onto adjacent.streets or areas.
MM 4.2-1c Hauling or transport of oversize loads will be allowed between the hours of
8:30 a.m. and 11:30 a.m. only, Monday through Friday, unless otherwise
approved by the City Engineer. Hauling or transport may be
permitted/required during the nighttime hours, weekends or on Federal
holidays, at the discretion of the City Engineer. All hauling/delivery access
to and from the site shall be from the east on Ortega Highway, except
during the period of time when the Ortega Highway overcrossing bridge is
being reconstructed. During this period, all trucks using the 1-5/Ortega
Highway on- and off-ramps shall be rerouted to other nearby streets. An
approved Haul Route Permit will be required from the City.
MM 42-1d Haul trucks entering or exiting public streets shall at all times yield to public
traffic.
MM 4.2-1e If hauling operations cause any damage to existing pavement, street, curb
and/or gutter along the haul route, the applicant shall be fully responsible
for repairs, which shall be completed to the satisfaction of the City
Engineer.
MM 4.2-1f All construction-related parking and staging of vehicles shall be kept out of
the adjacent public roadways and parking lots and shall occur on-site.
Facts in Support of the Finding: Implementation of the mitigation measures that include
the implementation of a Traffic Control Plan and Construction Management Plan,
limitations on hauling, site ingress and egress during the construction phase, and
construction-related parking will ensure that demolition and construction-related traffic that
could affect circulation in the project vicinity would be avoided because that plan will
identify and prescribe haul routes and require the implementation of traffic control
procedures to minimize delays along the adjacent roadways.
All significant environmental effects have been substantially lessened by virtue of the
measure described above. No significant, unavoidable adverse impacts will remain after
implementation of the required standard condition.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 7
2. IMPACT
Long-Term/Long-Term Impacts: Project implementation will result in a significant
cumulative impact at the 1-5 NB Ramps/Ortega Highway intersection (Existing plus Project
Traffic Plus Project Conditions) based on the HCM Method of Analysis. With the project's
effect resulting from its contribution in traffic, the intersection is forecast to operate at LOS F
(i.e., Delay of 108.5 s/v)during the a.m. peak hour.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.2 of the EIR.
MM 4.2-2 Prior to issuance of the first building permit for the proposed project, the
project applicant shall pay the required Capistrano Circulation Fee Program
(CCFP) fees, as determined by the City of San Juan Capistrano, based on
the improvements included in the 1-5/Ortgage Highway interchange, which
includes restriping and/or widening the 1-5 NB Ramps` to provide a
southbound right-tum lane only from Avenida Los Cerritos, restriping the
second eastbound left-turn lane on Ortega highway to a third eastbound
through lane and restriping the second eastbound through lane to a shared
eastbound through/right-tura lane; in addition, widen and/or restripe Ortega
Highway to provide an exclusive eastbound free right-tum lane, restripe the
exclusive right-turn lane on Ortega Highway to a shared westbound
throughlright-turn lane, and modify the existing traffic signal.
Facts in Support of the Finding: Although the proposed project will result in unacceptable
traffic conditions at the 1-5 NB Ramps/Ortega Highway intersection, the applicant will be
required to pay the requisite CCFP fees, which would be used to pay for the
improvements that would reduce the project-related cumulative impacts this intersection
to an acceptable level (i.e., LOS D or better).
All significant environmental effects have been substantially lessened by virtue of the
measure described above. No significant, unavoidable adverse impacts will remain after
implementation of the required mitigation measures.
3. IMPACT
Long-Term Impacts: Project implementation will result in a significant cumulative impact at
the 1-5 SB Ramps/Ortega Highway intersection (Existing plus Project plus Cumulative Traffic
Conditions) based on the HCM Method of Analysis. With the project's effect resulting from
its contribution.in traffic, the intersection is forecast to operate at LOS F(i.e., Delays of 114.4
slv and 113.5 s/v, respectively)during the a.m. and p.m, peak hours.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.2 of the EIR.
MM 4.2-3 Prior to issuance of the first building permit for the proposed project, the
project applicant shall pay the required CCFP fees, as determined by the
City of San Juan Capistrano, based on the improvements included in the I-
51Ortega Highway interchange, which includes restriping the southbound
shared left/through/right-tum lane on the 1-5 SB Ramps to a shared
left/right-turn lane; widen and/or restripe Ortega highway to provide an
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 8
exclusive eastbound right-turn lane and a second westbound left-turn lane,
and modify the existing traffic signal.
Facts in Support of the Finding.: Although the proposed project will contribute
incrementally to the unacceptable traffic conditions at the 1-5 SB Ramps/Ortega Highway
intersection, the applicant will be required to pay the requisite CCFP fees, which would be
used to pay for the improvements that would be implemented to improve this intersection.
Payment of the fees are deemed adequate mitigation by the City of San Juan Capistrano,
which is the lead agency and responsible for future roadway and circulation
improvements in the City.
All significant environmental effects have been substantially lessened by virtue of the
measure described above. No significant, unavoidable adverse impacts will remain after
implementation of the required mitigation measures.
C. CLIMATE AND AIR QUALITY
d
1. IMPACT
Short-Term Impacts: Project implementation will result in construction emissions that
exceed SCAQMD regional construction significance thresholds for VOC.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially, mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.3 of the EIR.
SC 4.3-1 The project shall comply with SCAQMD Rule 402, which prohibits air
contaminants or other materials that cause injury, detriment, nuisance or
annoyance to any considerable number of persons or to the public, or
which endanger the comfort, repose, health, or safety of any such persons
or the public, or which cause, or have a natural tendency to cause injury or
damage to business or property to be emitted within the SoCAB.
SC 4.3-2 The project shall comply with SCAQMD Rule 403, which sets
requirements for dust control associated with grading and construction
activities (refer to Tables 4, 5 and 6 in Appendix E).
SC 4.3-3 The project shall comply with SCAQMD Rules 431.1 and 431.2, which
require the use of low sulfur fuel for stationary construction equipment.
SC 4.3-4 The project shall comply with SCAQMD Rule 1108, which sets limitations
on ROG content in asphalt.
SC 4.3-5 The project shall comply with SCAQMD Rule 1113, which sets limitations
on ROG content in architectural coatings.
SC 4.3-6 the project shall comply with City of San Juan Capistrano Municipal Code
Section 9-3.513, which requires ' implementation of dust
control/suppression measures (similar to SCAQMD Rule 403).
SC 4.3-7 The project shall comply with Title 24 energy-efficient design requirements
as well as the provision of window glazing, wall insulation, and efficient
ventilation methods in accordance with the requirements of the Uniform
Building Code.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 9
MM 4.3-1 The construction contractor shall use interior paints with a maximum
volatile organic compound (VOC) content of 212 grams of VOC per liter of
paint for all interior painting of all proposed project buildings. Paints that
meet the low-VOC limits of South Coast Air Quality Management District
(SCAQMD) Rule 1113 are known as "super-compliant paints." A list of
super-compliant VOC coating manufacturers is available at SCAQMD's
website (http://www.agmd.goviprdas/brochures/paintguide,htmt), Prior to
building permit issuance, the use of super-compliant interior paints shall
be noted on building plans.
Facts in Support of the Findings: Implementation of all applicable SCAQMD rules that are
intended to minimize construction emissions, including fugitive dust, NOx, VOC, and other
air pollutants will ensure that demolition and construction emissions are minimized and do
not exceed established thresholds for the respective pollutants.
All significant environmental effects have been substantially lessened by virtue of the
measures described above. No significant, unavoidable adverse impacts will remain after
implementation of the required mitigation measures.
D. NOISE
1. IMPACT
Short-Term Impacts: Project-related construction noise would generate maximum noise
levels ranging from 61 dBA L,q to 89 dBA Leq at the adjacent and nearby noise sensitive
receptors (i.e., San Juan Elementary School, the single-family residential dwelling unit,
and Mission San Juan Capistrano).
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.4 of the EIR.
Finding. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
SC 4.4-1 Construction activity which includes the delivery and/or recovery of
materials, supplies, or construction equipment shall be conducted in
accordance with City of San Juan Capistrano Municipal Code, Title 8,
Chapter 2, Section 8-2.04, Permitted Hours of Construction Operation
from 7:00 a.m. to 6:00 p.m. Monday through Friday and from 8:30 a.m. to
4:30 p.m. on Saturday. Hauling soil to or from the site, or from one part
of the project site to another, shall comply with San Juan Capistrano
Municipal Code Section 8-3.13, Import or Export as follows:
The loading and transportation of earth from or to the site shall be
accomplished between 7:00 a.m. and 6:00 p.m. on Monday through
Friday and between 8:30 a.m. and 12:30 p.m. on Saturdays. Saturday
afternoon work hours may be extended up to 4:30 p.m. only with the prior
approval of the Building Official. Such approval shall be based upon the
consideration of the haul routes, noise and dust factors, proximity to
residences, and similar criteria. No earth loading or transportation shall
be permitted on Sundays or on Federal holidays.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 10
MM 4.4-1a The construction site supervisor(the individual with complete supervisory
control over all on-site construction scheduling and activities) shall
properly maintain and tune all construction equipment to minimize noise
emissions. The contractor shall maintain all equipment maintenance
records (originals or copies) onsite during construction and shall allow
inspection of those records by authorized City staff, including
Development Services Department staff or Public Works Department
staff, when so requested. Violations of this provision, including failure to
maintain records onsite, may be subject to administrative citation
pursuant to Chapter 7, Administrative Citations, of Title 1 of the San Juan
Capistrano Municipal Code.
MM 4.4-1b The construction site supervisor shall be responsible for assuring that all
construction equipment has been fitted and maintained with properly
operating mufflers, air intake silencers, and engine shrouds no less
effective than as originally equipped by the manufacturer to minimize
noise emissions. Lack of or improperly maintained.mufflers, silencers,
and/or shrouds on construction equipment may constitute a violation
subject to administrative citation pursuant to Chapter 7, Administrative
Citations, of Title 1 of the San Juan Capistrano Municipal Code.
MM 4.4-1c The construction site supervisor shall locate and maintain the
construction staging area for construction vehicles, materials and
equipment on the south eastern portion of the project site as far away as
practically possible from the Mission San Juan Capistrano and the San
Juan Elementary School. All stationary noise sources (e.g., generators,
compressors, staging areas) as far from noise-sensitive receptors as
feasible, but at least 100 feet from existing noise-sensitive residential
land uses. In any case, where such stationary noise sources cannot be
situated at least 100 feet from existing noise-sensitive residential land
uses, such equipment shall be provided with a temporary noise barrier
subject to approval by the City's building/grading inspector. Violations of
this provision may be subject to administrative citation pursuant to
Chapter 7, Administrative Citations, of Title 1 of the San Juan Capistrano
Municipal Code. Prior to the issuance of any demolition, grading or
building permit, the associated plans shall depict the location of the
construction staging area which shall be subject to the approval of the
Development Services Director or his designee.
MM 4.4-1d In the event any demolition, grading or trenching occurs during days when
school is in session, the construction site supervisor shall install
temporary sound barriers (sound blankets or plywood) along the western
and northern perimeter of the site during demolition, grading, and
trenching activities consistent with a temporary sound barrier plan that
shall be subject to review and approval by the City. The plan shall
demonstrate to the satisfaction of the City that the temporary sound
barrier will reduce construction noise impacts on San Juan Elementary
School to not greater than 65 dBA CNEL measured at the exterior of the
school buildings. The temporary sound barriers shall have a minimum
height of six feet and shall remain in place on the boundaries until the
completion of the site preparation phase. Violations of this provision,
including failure to secure City approval of a temporary sound barrier plan
or failure to maintain "seamless" sound barriers, may be subject to
administration citation pursuant to Chapter 7, Administrative Citations, of
Title 1 of the San Juan Capistrano Municipal Code.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 11
MM 4.4-1e Material delivery, soil haul trucks, and equipment servicing shall be
restricted to the hours set forth in the City of San Juan Capistrano
Municipal Code, Title 8, Chapter 2, Section 8-3.04, Permitted Hours of
Construction Operation, and Section 8-3.13, Import or Export.
MM 4.4-1f To the maximum extent practicable, construction activities will be
scheduled to occur during summer non-school hours so as to minimize
noise impacts to San Juan Elementary School.
MM 4.4-1g The construction site supervisor shall decrease the overall duration
(number of days) of construction activities and associated construction-
noise impacts by having construction crews work a minimum of 10 hours
per day but within the days (Monday through Saturday only) and hours
specified under San Juan Capistrano municipal code Section 9 3.531.
MM 4.41 h The construction site supervisor shall use existing/planned driveways
located on Ortega Highway or EI Camino Real for construction vehicle
access. Site access from Spring Street shall be expressly Prohibited.
MM 4.4-1 i .The construction site supervisor shall conduct demolition, grading and
trenching operations during non-school hours and/or during summer
vacation when classes at San Juan Elementary School are not in session
to the greatest extent practicable. If such activities must occur when
classes are in session, additional sound attenuating measures shall be
.implemented to ensure that the classroom learning environment is not
adversely affected. These additional measures may include but are not
limited to raising the height of the temporary noise wall, placement of
sound blankets at strategic locations along the perimeter of the site, and,
were possible, conducting activities farther away from the school..
MM 4.4-1j The construction site supervisor shall coordinate the use of heavy
construction equipment operations with the Principal of San Juan
Elementary School to avoid noise disturbance during state or district-
mandated achievement testing days. The construction site supervisor
shall not allow the operation of heavy construction equipment during such
mandated testing days. However, as an alternative, the construction site
supervisor may operate such equipment during mandated testing
days/periods if such equipment has been provided with sound blanket
barriers or similar noise proofing to the satisfaction of the Development
Services Director or his designee.
MM 4.4-1k Prior to the start of construction, the construction site supervisor shall
post signs, clearly visible along the three street frontages of the project
site, with a contact name and telephone number of that on-site person
responsible for immediately investigating and addressing construction
noise complaints and shall provide that contact information to the
Principal of San Juan Elementary School. This signs shall be maintained
until the end of all construction activities.
Facts in Support of the Finding: Although short-term noise impacts would be associated
with the site preparation grading, and erection of buildings on site during construction of
the proposed project, construction-related short-term noise levels would be higher than
existing ambient noise levels in the project area; however, these temporary impacts
would cease once construction of the project is completed. In order to ensure that the
higher noise levels, which may be intrusive to adjacent development, are further
minimized, additional techniques have been identified to be incorporated into the
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 12
construction activities and use of the construction equipment. Nonetheless, construction
noise impacts on the adjacent sensitive uses cannot be mitigated to a less than
significant level.
All significant environmental temporary construction noise has been substantially
lessened by virtue of the measures described above; however, construction-related noise
will remain significant and unavoidable, necessitating the adoption of a Statement of
Overriding Considerations.
2. IMPACT
Short-Term Impacts: Vibration levels from heavy construction equipment would exceed the
FTA threshold for vibration annoyance at the San Juan Elementary School and the
residence to the northwest of the project site under maximum conditions when equipment is
located closest to those existing uses.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.4 of the EIR.
MM 4.4-2 During construction, the construction manager shall ensure that the
following minimum operating distances between construction equipment
and the adjacent residence to the northwest of the project site are
maintained:
Loaded trucks and jackhammers -20 feet
Large construction equipment (equivalent to a large bulldozer) —
40 feet
Vibratory roller—50 feet
Facts in Support of the Finding: The mitigation measures identified above are intended to
include design features that construction-related vibration levels Implementation of the
measure identified above, which requires that construction equipment not operate in
proximity to the existing sensitive uses, will be adequate to avoid potential impacts
associated with vibration.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
3. I M PACT
Long-Term Impacts: Exterior noise levels at the easternmost portion of the proposed hotel
would be approximately 68 dBA CNIL at ground level and higher at the second and third
floors, which would exceed the interior noise levels for such uses prescribed by the City of
San Juan Capistrano.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.4 of the EIR.
MM 4.4-3a Prior to the approval of final building plans for the Plaza Banderas hotel
component, the applicant shall prepare an acoustic study that
demonstrates that the exterior noise levels at the proposed hotel pool
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 13
shall not exceed 65 dBA CNEL per the City's noise compatibility
standards. Acoustical design features incorporated into the proposed
project design may include exterior features to reduce noise, such as
masonry walls, glass or plexiglass, subject to the review and approval
under the City's design review process.
MM 4.4-3b Prior to the approval of final building plans for the Plaza Banderas hotel
component, the acoustic study required by MM 4.4-3a shall include
analysis that demonstrates that the interior noise levels in habitable
rooms (residential and offices) shall not exceed 45 dBA CNEL, as
defined by the California Building Code. Acoustical design features
incorporated into the proposed project design, which may include exterior
features to reduce noise, such as berms/walls or architectural features
such as Sound Transmission Class or Outdoor Indoor. Transmission
Class rated windows and doors, shall be shown on all building plans and
shall be incorporated into construction of the proposed project. The
acoustic study shall include special attention to and mitigation of lower
frequency of noise generated by the large number of heavy-duty trucks
that traverse the 1-5 Freeway and Ortega Highway. This conclusion shall
be demonstrated through submission of an acoustics study prepared by
a qualified consultant.
Facts in Support of the Finding: The acoustical study identified above is intended to
confirm that the interior and exterior noise levels do not exceed standards prescribed by
the City of San Juan Capistrano. If determined necessary, implementation of the features
identified above (e.g., berms/walls, sound-rated windows, etc.) will be adequate to
achieve the requisite interior and exterior noise levels prescribed by the City for residential
development.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
E. PUBLIC HEALTH AND SAFETY
1. I M PACT
Short-Term Impacts: Implementation of the proposed project, which involves the grading,
site preparation, and construction of the proposed hotel and retail/commercial uses by the
project applicant, will result in the transport of materials and equipment to the site.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.5 of the EIR.
SC 4.5-1 The City of San Juan Capistrano will require all plans for proposed uses
within the project area to comply with all applicable Federal, State, and
local regulations pertaining to the transport, storage, use and/or disposal
of hazardous materials on the site.
Facts in Support of the Finding: Compliance with the State and federal regulatory
requirements related to the transport, storage and use of hazardous materials will ensure
that potential health impacts would be avoided during the closure process.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 14
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
F. DRAINAGE AND HYDROLOGY
1. IMPACT
Short- and Lone-Term Impacts: Although the hydrology analysis conducted for the
proposed project revealed that there is an increase in total surface runoff resulting from
project implementation, impacts to the existing storm drainage systems and EI Horno Creek
will be minimized by the implementation of the proposed stormwater detention systems in
each project component, which will ensure that post-development peak surface flows will be
reduced to below pre-development flow rates. All of the proposed development (i.e.,
structures) is proposed to be located outside of the El Horno floodplain as delineated on the
current FEMA flood insurance rate map. The incorporation of BMPs prescribed in the
WQMP will reduce potential pollutants that enter the surface flows as a result of project
implementation to the "maximum extent practicable," as required by the Regional Water
Quality Control Board.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.6 of the EIR.
SC 4.6-1 Prior to issuance of a grading permit, the project applicant shall be required
to submit a notice of intent (NOI) with the appropriate fees to the State
Water Quality Resources Control Board for coverage of such future
projects under the General Construction Activity Storm Water Runoff
Permit prior to initiation of construction activity at a future site. As required
by the NPDES permit, a Storm Water Pollution and Prevention Plan
(SWPPP) will be prepared and will establish BMPs in order to reduce
sedimentation and erosion.
SC 4.6-2 Prior to Planning Commission approval, the project applicant shall prepare
a Water Quality Management Plan (WQMP) for the project and submit the
WQMP to the City of San Juan Capistrano for approval. The WQMP shall
specifically identify Best Management Practices (BMPs)that will be used to
control predictable pollutant runoff, including flow/volume-based measures
to treat the "first flush." The WQMP shall identify at a minimum the routine
structural and non-structural measures specified in the Countywide NPDES
Drainage Area Master Pian (DAMP), which details implementation of the
BMPs whenever they are applicable to a project, the assignment of long-
term maintenance responsibilities, and shall reference the locations of
structural BMPs
SC 4.6-3 Prior to issuance of a grading permit, the project applicant shall prepare a
Storm Water Pollution and Prevention Plan (SWPPP). The SWPPP will
establish BMPs in order to reduce sedimentation and erosion and prevent
construction pollutants from leaving the site. The project shall also
incorporate all monitoring elements as required in the General Construction
Permit. The project applicant shall also develop an erosion and sediment
control plan to be reviewed and approved by the City of San Juan
Capistrano prior to issuance of grading permit.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 15
SC 4.6-4 Future site grading and construction shall comply with the drainage controls
imposed by the applicable building code requirements prescribed by the
City of San Juan Capistrano.
Facts in Support of the Finding: Although project implementation is not anticipated to result
in significant impacts to drainage and hydrology and water quality, the incorporation of the
standard conditions will effectively avoid such potential impacts thorough the integration of
specific measures intended to reduce surface flows/discharges and pollutant discharges into
EI Homo Creek. In addition, the proposed project will be designed to be consistent with the
goals and objectives articulated in the San Juan Capistrano General Plan and requirements
of the California Regional Water Quality Control Board. Therefore, no potentially significant
impacts will occur ass result of project implement.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact, will remain after
implementation of the required mitigation measure.
r
G. BIOLOGICAL RESOURCES
1. IMPACT
Short-Term impacts: Project construction activities have potential to result in indirect
impacts to species occupying the site. Indirect impacts involve the potentially harmful
effects associated with human activities that result from the proposed project. Also as
described above, the project is surrounded by existing development.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.7 of the EIR.
SC 4.7-1 In accordance with the Heritage Tree Provision of the City of San Juan
Capistrano, the project applicant shall obtain a tree removal permit for each
tree specified by the City that will be removed from the site that exceeds
thirty-six inches(36") in diameter at breast height(DBH).
SC 4.7-2 The project applicant shall retain the services of a qualified ornithologist
to conduct a survey of the construction zone, if any of the phased
construction activities(grubbing, grading, tree trimming or removal)are to
occur during the breeding season for native birds (approximately
February 15 through July 31). The ornithological survey shall occur not
more than seven days prior to the initiation of those construction
activities. If the ornithologist detects any occupied nests of native birds
within the construction zone, they shall be mapped on construction plans
and the project applicant will conspicuously flag off the area(s) supporting
bird nests, providing a minimum buffer of 200 feet between the nest and
limits of construction. (This buffer zone shall be at least 500 feet for
raptors until the young have fledged, are no longer being fed by the
parents, have left the nest, and will no longer be impacted by the project.)
The construction crew will be instructed to avoid any activities in the zone
until the bird nest(s) is/are no longer occupied, per a subsequent survey
by the qualified ornithologist. Alternatively, the project applicant will
consult as appropriate with the USFWS to discuss the potential loss of
nests of native birds covered by the MBTA to obtain the appropriate
permit from the USFWS.
Statement of Findings and Pacts
Plaza Sanderas Hotel Project
Page 16
Facts in Support of the Finding: The measures identified above are designed to ensure
that potential impacts to heritage trees and sensitive avian species during the construction
phases are avoided or reduced to a less than significant level. Each of the standard
conditions is intended to avoid significant impacts to those important biological resources.
Therefore, no potentially significant impacts will occur as a result of project implement.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
H. CULTURAL. RESOURCES
1. IMPACT
Lon -Term Impacts: Project implementation will result in grading the site to a depth of
approximately three feet,which could result in a potentially significant direct project impact to
historic and/or prehistoric resources.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4,0,
Section 4.8 of the EIR.
MM 4.8-1a Prior to issuance of the grading permit and/or any ground-disturbing
activity, the applicant shall submit a written monitoring plan to the City for
review and approval. The monitoring plan shall specify procedures for
field observation; diverting and halting grading to protect finds; notifying
and consulting with concerned parties; significance evaluation of finds;
treatment of finds, including but not limited to the potential need for a
research design and data recovery program in the case of significant
finds; and compliance with Health and Safety Code Section 7050.5 and
Public Resources Code Section 15064.5(f) and 5097.98 in the event
human remains are encountered. The plan shall address the potential
for encountering previously recorded and/or unknown sites or features.
The plan shall address the possibility of the kiln feature in the upper
parking lot being found to remain in place when grading exposes that
area of the site, and shall provide for the evaluation of its current
condition and significance as well as a determination by the archaeologist
on appropriate treatment and/or data recovery as applicable.
MM 4.8-1 b A qualified archaeologist (defined as an archaeologist on the List of
Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre-construction meetings to
advise construction contractors about the sensitive nature of cultural
resources located on and/or in the vicinity of the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual
with a bachelors degree in anthropology with archaeological monitoring
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
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 17
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist or other procedure
identified in the approve monitoring plan. 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.
MM 4.8-1c During construction/grading activities, a Native American monitor shall
observe construction/grading activities that result in grading, excavating,
and/or trenching on or below the original ground surface (including during
project-related off-site utility [e.g., natural gas, electricity, sewer, water,
drainage, communications, etc.]and roadway improvements). The Native
American monitor shall consult with the archaeological monitor regarding
objects and remains encountered during grading that may be considered
sacred or important. In the event that evidence of,-human remains is
discovered, the Native American monitor shall verify that the
archaeologist has notified the Coroner.
d
MM 4.8-1d Prior to final inspection by the development Services Department, the
applicant shall submit evidence that final reports for any historical,
cultural or archaeological 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 at a suitable repository.
Facts in Support of the Finding: As indicated above, the proposed redevelopment of the
subject property could adversely affect existing cultural resources. The physical
improvements occurring as a result of implementing the proposed hotel/mixed use project
would not directly affect cultural and/or historic or potentially historic features. Proper on-
site management during the site preparation and grading phase of development will
include on-site monitoring, coordination with Native American monitor and tribal leaders
identified by the State native American Heritage Commission, and the implementation of
appropriate collection in the event artifacts are encountered. As a result, potential
impacts to cultural resources would be substantially reduced or eliminated.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
2. IMPACT
Lon -Term Impacts: Paleontological resources, including fossil remains and associated
scientific data, fossil sites, and fossiliferous rocks in the geological formations underlying the
site could be adversely affected as a result.of project implementation, which include site
alteration activities (e.g., clearing and grubbing, excavation and grading, construction, etc.).
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.8 of the EIR.
MM 4.8-2a Prior to issuance of a grading permit, a qualified paleontologist(defined as
a paleontologist on the List of Certified Paleontologists for Orange County)
shall be retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about the
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 18
potential occurrence of paleontological resources located on and/or in the
vicinity of the project site,as well as monitoring requirements.
MM 4.8-2b 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 andlor 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 in the vicinity until the qualified paleontologist can
determine if the resources are significant. Significant paleontological
resources shall be recovered by the qualified paleontologist.
Facts in Su ort of the Finding- Proper on-site management during the site preparation
and grading phase of development will include on-site monitoring and the implementation
of appropriate collection in the event artifacts are encountered. As a result, potential
impacts to paleontological resources would be substantially reduced or eliminated.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
I. SOILS AND GEOLOGY
1. IMPACT
Lon -Term Impacts: Project implementation will result in the exposure of surface soils and
those underlying the site to potential erosion during the excavation and grading phase prior
to development of the site.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.9 of the EIR.
SC 4.9-1 All activities associated with the implementation of the proposed hotel and
retail/commercial development shall comply with the City's Excavation and
Grading Ordinance.
SC 4.9-2 The project shall comply with all applicable City Building Code
requirements as well as those prescribed in the California Building Code
(CBC).
MM 4.9-1a Prior to the issuance of any grading permit, the applicant shall prepare an
Erosion Control Pian, which shall be approved by the City Engineer or his
designee.
MM 4.9-1b Prior to the issuance of any grading permit, the applicant shall prepare a
Storm Water Pollution Prevention Plan (SWPPP) that identifies specific
construction and operational BMPs, which shall be approved by the City
Engineer.
Statement of Findings and f=acts
Plaza Sanderas Hotel Project
Page 19
Facts in Support of the Finding: Incorporation of standard conditions and mitigation
measures will reduce potential long-term impacts by ensuring that the site is properly
graded and prepared for construction and the proposed structures are designed to
withstand the effects of settlement associated with the final closure of the Forster Canyon
Landfill. As a result, soils and geotechnical impacts will be reduced to a less than
significant level.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
2. IMPACT
Long-Term Impacts: The proposed hotel, retail/commercial, and restaurant structures will
likely be subjected to moderate to strong seismic ground shaking during Its design.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid ,the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.9 of the IIR.
MM 4.9-2 Prior to issuance of the grading permit, the applicant shall prepare and
submit a detailed grading plan prepared by a licensed geotechnical
engineer. The proposed structures shall be designed based on applicable
geotechnical parameters prescribed in the report for foundation design as
well as those established by the California Building Code and applicable
regulations. At a minimum, on-site structures shall be designed in
accordance with the 2007 CBC criteria.
Facts in Support of the Findinq: Incorporation of mitigation measures will reduce potential
long-term impacts resulting from ground shaking associated with seismic events by
limiting the areas exposed to adverse soils conditions as well as other techniques
intended to minimize such adverse conditions through compliance with the parameters
prescribed in the geotechnical report. As a result, potential adverse impacts to structures
resulting from ground shaking as well as soils impacts will be reduced to a less than
significant level.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
3. IMPACT
Long-TermImpacts: The major geotechnical constraint affecting the proposed
development is the presence of loose unsuitable undocumented fill materials that exist in
proposed development areas. These fill soils are not suitable for support of structures and
improvements in their present condition and may result in excessive potential differential
settlements across the proposed buildings due to the existence of loose compressible or
otherwise variable materials.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.9 of the EIR.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 20
MM 4.9-3a Corrective grading shall be required to remove and recompact all
previously placed artificial fill soils; removal and recompact the upper 2 to
5 feet of low density, older alluvium; and provide a blanket of engineered
fill below the proposed site improvements. To satisfy the necessary
removal of unsuitable soils, corrective grading for each area is identified
below:
• Corrective grading for the proposed hotel shall extend 6 feet
below the existing ground surface, or 3 feet below the bottom of
proposed foundations, whichever is greater. The removal shall
extend across the entire building pad, and shall extend a
minimum of 5 horizontal feet outside the edges of foundations or
equidistant to the depth of fill below the foundation, whichever is
greater.
Corrective grading removals for the mixed use building
(retail/commercial) will be needed to eliminate artificial fills and
place a minimum of 3 feet of engineered fill below the bottom of
the proposed foundations. The total amount of excavation (i.e.,
design and corrective grading)will be approximately 10 to 12 feet
below the existing ground surface in the area of the existing
parking lot, and about 6 to 8 feet below the existing ground
surface in the adjacent areas. The removals shall extend across
the entire building pad, and shall extend a minimum of 5
horizontal feet outside the edges of foundations or equidistant to
the depth of fill below the foundation, whichever is greater.
Special excavation provisions may be necessary adjacent to
existing streets.
• Corrective grading for retaining walls shall extend six feet below
the existing ground surface, or 3 feet below the bottom of proposed
foundations, whichever is greater. The removal shall extend
across the entire foundation, and shall extend a minimum of 3
horizontal feet outside the edges of foundations or equidistant to
the depth of fill below the foundation,whichever is greater.
• Corrective grading for miscellaneous foundations (i.e., swimming
pool, pilaster, screen walls, patio covers, etc.) shall extend 3 feet
below the existing ground surface, or 2 feet below the bottom of
proposed bottom or foundations, whichever is greater. The
removals shall extend across the entire bottom or foundation, and
shall extend a minimum of 2 horizontal feet outside the edges of
bottoms or foundations or equidistant to the depth of fill below the
foundation, whichever is greater.
• Corrective grading for pavement, hardscape, and landscape areas
shall extend at least 3 feet below the existing grade.
MM 4.9-3b Grading activities shall be continuously monitored by a project geotechnical
consultant. Such observations are essential to identify field conditions that
differ from those identified during the subsurface investigation and adjust
designs to actual field conditions encountered.
Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential
long-term impacts resulting from the existing soils and geologic conditions by limiting the
areas exposed to adverse soils conditions as well as other techniques intended to
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 21
minimize such adverse conditions through compliance with the parameters prescribed in
the geotechnical report. As a result, potential adverse impacts to structures resulting from
ground shaking as well as soils impacts will be reduced to a less than significant level.
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
4. IMPACT
Long-Term Impacts: The proposed residential structures may be subject to low to
moderately expansive soils that exist on the site.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.9 of the EIR.
MM 4.9-4 Geotechnical observation and laboratory testing shall be performed upon
completion of rough grading to confirm the expansion characteristics of
typical on-site soils beneath foundations.
Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential
long-term impacts resulting from adverse soils conditions. These measures and other
techniques prescribed in the soils report are intended to minimize such adverse
conditions through compliance with the parameters prescribed by the CBC and related
regulatory agencies. As a result, potential adverse impacts to structures resulting from
potentially adverse soil conditions will be reduced to a less than significant level.
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
5. IMPACT
Long-Term IMpacts: Development of the proposed project will be susceptible to potential
settlement.
Findings Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.9 of the EIR.
MM 4.9-5 All building foundations shall be designed for total settlement on the order
of 1.0 inch and differential settlements on the order of 0.5 inch over 40 feet.
Facts in Support of the Finding: Incorporation of mitigation measures will reduce potential
long-term impacts resulting from adverse soils conditions. These measures and other
techniques prescribed in the soils report are intended to minimize such adverse
conditions through compliance with the parameters prescribed by the CBC and related
regulatory agencies. As a result, potential adverse impacts to structures resulting from
potentially adverse soil conditions will be reduced to a less than significant level.
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 22
J. , PUBLIC SERVICES AND FACILITIES
1. IMPACT.
Short-Term Impacts: There is a potential for vandalism, theft, trespassing and other related
law enforcement impacts during the construction phases.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.1 of the EIR.
SC 4.10.1-1 Prior to the issuance of a building permit, the project applicant shall submit
the site pian for review and approval by the Orange County Sheriffs
Department/Police Services Department to ensure that it is designed in
accordance with all applicable requirements of the Police Service
Department, including but not limited to parking, security, lighting, and
access.
MM 4.10.1-1 Prior to issuance of a grading permit, the project applicant shall prepare
and submit a Construction Security Plan to the OCSD/Police Services
Department for review and approval. The Construction Security Plan shall
identify the provision of fencing, lighting and/or other measures (e.g.,
security patrols, etc,) that will be incorporated to minimize demands on law
enforcement services.
Facts in Support of the Finding: The Construction Security Plan, which will be reviewed
by the OCSD/Police Services Department, will enable the OCSD to be cognizant of the
construction activities taking place on the subject property. The provision of fencing,
lighting and related security measures will facilitate the law enforcement agency in
providing adequate protection to the property.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
2. IMPACT
Short-Term Impacts: Potential lane and/or road closures necessitated during construction
could result in increased emergency response times to the site.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.1 of the EIR.
MM 4.10.1-2 The contractor shall notify the OCSD/Police Services Department in
advance of any lane and/or roadway closures necessitated by
construction activities. Written notification to the OCSD/Police Services
Department shall identify the roadway location/segment and the duration
of the closure.
Facts in Support of the Finding: The staffing and manpower levels of the Orange County
Sheriff Department are adequate to maintain the level of police services desired for the
City. Implementation of the proposed project would not create additional demands for
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 23
police protection because the project has been designed to address security and law
enforcement concerns, including lane and/or roadway closures during construction,
resulting in less than significant impacts. Response times will remain acceptable to
provide an acceptable level of service to the project and the remainder of the City.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
3. IMPACT
Long-Term Impacts: Project implementation will contribute to the incremental demands for
fire protection and paramedic services provided by the OCTA. This incremental increase in
demand for service could adversely affect the department's response time criteria.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.2 of the EIR.
SC 4.102-1 Prior to the issuance of any grading or building permits, the project plans
shall be subject to review and approval by the Orange •County Fire
Authority for compliance with all applicable OCFA standard conditions,
including those for access, water supply and pressure, built-in fire
protection systems, road grades and width, building materials, etc.
SC 4.10.2-2 Prior to the issuance of a grading permit, the developer shall have
completed implementation of that portion of the approved fuel modification
plan determined to be necessary by the OCFA before the introduction of
any combustible materials into the project area, Approval shall be subject
to an on-site inspection by OCFA.
SC 4.10.2-3 Prior to the issuance of any building permits, the applicant shall obtain
approval of the Fire Chief for all fire protection access roads to within 150
feet of all portions of the exterior of every structure on site. The plans shall
include plan and sectional views and indicate the grade and width of the
access road measured flow-line to flow-line. When a dead-end street
exceeds 150 feet or when otherwise required, a clearly marked fire
apparatus access turnaround must be provided and approved by the Fire
Chief.
SC 4.10.2-4 Prior to the issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
fire-fighting purposes and all-weather fire protection access roads shall be
in place and operational before any combustible material is placed on site.
Building permits will not be issued without OCFA approval obtained as a
result of an on-site inspection.
SC 4.10-2.5 Prior to the issuance of any building permits, the applicant shall submit a
fire hydrant location plan to the Fire Chief for review and approval-
SC 4.10.2-6 Prior to the issuance of any certificate of occupancy, all fire hydrants shall
have a blue reflective pavement marker indicating the hydrant location on
the street as approved by the Fire Chief, and must be maintained in good
condition by the property owner.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 24
SC 4.10.2-7 Prior to the issuance of any building permits, the applicant shall submit
plans and obtain approval from the Fire Chief for fire lanes on required fire
access roads less than 36 feet in width. The plans shall indicate the
locations of red curbs and signage and include a detail of the proposed
signage; including eight, stroke and colors of the lettering and its
contrasting background.
SC 4.102-8 Prior to the issuance of any certificate of occupancy, the fire lanes shall be
installed in accordance with the approved fire master plan. The CC&Rs or
other approved documents shall contain a fire lane map, provisions
prohibiting parking in the fire lanes, and a method of enforcement.
SC 4.10.2-9 Prior to the issuance of any building permits, if applicable, the applicant
shall obtain the approval from the Fire Chief for the construction of any gate
across required fire department access roads.
SC 4.10.2-10 Prior to the issuance of any building permits, the applicant shall provide
evidence of adequate fore 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. If sufficient water to
meet fire flow requirements is not available, an automatic fire extinguishing
system may be required in each structure affected.
SC 4.10.2-11 Prior to the issuance of a building permit, a note shall be placed on the fire
master plan stating that all structures exceeding 5,500 square feet (per
amendment) and all structures exceeding fire department access
requirements shall be protected by an automatic fire sprinkler system in a
manner meeting the approval of the Fire Chief.
SC 4.102-12 Prior to the issuance of a building permit, the applicant shall submit plans
for any required automatic fire sprinkler system in any structure to the Fire
Chief for review and approval. Prior to the issuance of a certificate of
occupancy, this system shall be operations in a manner meeting the
approval of the Fire Chief.
SC 4.102-13 As required by the California Fire Code (CFC), applicable structures shall
have automatic fire sprinkler systems.
SC 4.10.2-14 A supervised fire alarm system that complies with the requirements of the
California Fire Code shall be included in the project design in an accessible
location with an annunciator.
SC 4.10.2-15 Access to and around structures shall meet OCFA and California Fire
Code requirements.
MM 4.10.2-1 Prior to approval of any final parcel map for the project, the developer shall
enter into a Secured Fire Protection Agreement with the OCFA, which shall
specify the developer's pro rata fair share funding of capital improvements
necessary to establish adequate fire protection facilities and equipment,
and/or personnel. Said agreement shall be reached as early as possible in
the planning process, preferably for each phase or land use sector of the
project, rather than on a parcel-by-parcel basis.
Statement of Findings and Facts
Plaza 6anderas Hotel Project
Page 25
Facts in Support of the Finding: As required by the City of San Juan Capistrano and the
Orange County Fire Authority, the applicant must submit the plans for review, resulting in
revisions to facilitate emergency vehicles. The project must be designed in accordance
with the applicable OCFA development standards for access, fire flow, etc., which will
ensure that an adequate level of fire protection can be provided to the project without
impacts to existing resources.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
4. IMPACT
Long-Term Impacts: If not properly designed, the proposed project could affect both
access by emergency equipment and personnel and adversely affect ability of the OCFA to
adequately address fire protection within the proposed development.
Finding: Changes or alterations have been required in, or incorporated! into,the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.2 of the FIR.
MM 4.10.2-2a All electrically operated gates necessary for emergency/fire access within
the proposed project shall install emergency opening devices as approved
by the Orange County Fire Authority.
MM 4.10.2-2b A water supply system to supply fire hydrants and automatic fire sprinkler
systems shall be incorporated into the project design as required by the
San Juan Capistrano Utilities Department. Fire hydrant spacing is 300 feet
between fire hydrants.
MM 4.10-2.2c Turing radius and access in and around the project site and structures shall
be designed to accommodate all OCFA firelemergency vehicles and their
weight.
Facts in Support of the Finding: As required by the City of San Juan Capistrano and the
Orange County Fire Authority, the applicant must submit the plans for review, resulting in
revisions to facilitate emergency vehicles. The project must be designed in accordance
with the applicable OCFA development standards for access, fire flow, etc., which will
ensure that an adequate level of fire protection can be provided to the project without
impacts to existing resources.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
5. IMPACT
Long-Term Impacts: Although project implementation will not directly result in the
generation of school-age children, the District will require that the applicant(s) pay the
development fees to avoid potentially significant impacts to school facilities.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.2 of the EER.
Statement of Findings and Facts
Plaza Banderas Notes Project
Page 26
SC 4.10.3-1 Prior to building permit issuance, the applicant shall pay the applicable
statutory developer fees in effect at the time of the building permit. The
current developer fees $7,10/square foot for residential development
($3.55/square foot if the State has adequate school construction funds)and
$0,47/square foot for commercial/office uses.
Facts in Support of the Finding: As required by the City of Capistrano Unified School
District, the applicant is subject to the payment of the statutory fees, which will offset
potential impacts to existing and future school facilities.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
6. IMPACT
Short-Term Impacts: Project implementation will result in short-term construction noise
impacts that could adversely affect the classroom learning environment at San Juan
Elementary School.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4,0,
Section 4.10.2 of the EIR.
Potential construction noise impacts to San Juan Elementary School are mitigated through
the implementation of MM 4.4-1a through MM 4.4-1k(refer to Section 4.4, Noise),
Facts in Support of the Finding:
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
7. IMPACT
Loan-Term Impacts: Project implementation will result in an increase in the intensity of
uses, including a hotel that would accommodate visitors to the site on a temporary basis,
which may pose a potential impact to school security due to the site's proximity to San Juan
Elementary School.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.10.2 of the EIR.
MM 4.10.3-2 The site plan shall be designed to incorporate defensive space measures
to minimize the potential security and safety risk at the adjacent elementary
school. The features that may be considered include, but are not limited to
the following:
Incorporate a physical barrier between the hotel site and Spring
Street, which would assist in the prevention of hotel guests
wandering onto school property, causing concerns for teachers
and parents.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 27
Provide well lighted parking lots, including video surveillance in
the lobby, walkways, and parking area.
Ensure that perimeters are well-lighted, which will assist in the
prevention of crime.
Impose conditions on bar hours of operation, advance City-
required band and special activity permits, and establishing event
population limits at the hotel and restaurant..
Minimize the amount of perimeter landscaping that would provide
a hiding place or cover for individuals.
Design the northern facade of the hotel -to minimize direct views
from rooms to the school campus.
Facts in Support of the Finding: Design of the proposed project to address defensive
space and land use relationships of the proposed higher intensity uses with the existing
school and historic uses in the downtown area will ensure that potential conflicts related
to security of the students and the integrity of the downtown historic character.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measures.
K. UTI LITI ES
1. I M PACT
Lona-Term Impacts: No significant sewer impacts are anticipated as a result of project
implementation. Preparation of the sewer plan will ensure that the proposed sewer facilities
will be designed to accommodate the proposed project. No mitigation measures are
required.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.11 of the EIR.
SC 4.11.1-1 Prior to issuance of the grading permit, the applicant shall prepare a sewer
plan and submit the plan to the City's Public Works Department for review
and approval. The design and construction of sanitary sewers shall be in
accordance with the Standard Specifications, as last revised, and
prescribed by the City of San Juan Capistrano.
SC 4.11.1-2 Sewer laterals serving the proposed project shall be either four (4) inches
or six (6) inches in internal diameter and shall be designed in accordance
with the Uniform Plumbing Code, as last revised.
Facts in Support of the Finding: Project implementation will result in the development of
a mixed-use development in the City. The increase in sewage generation associated
with site development can be accommodated by existing collection and treatment
facilities. The sewer plan will identify the manner in which sewer collection will be
provided to the proposed project in the long-term.
Statement of Findings and Facts
Plaza 8anderas Hotel Project
Page 28
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
2. IMPACT
Long-Term _Impacts: Project implementation includes landscaping that would create an.
additional demand for domestic water in the short term until recycled water, which currently
is not available to the subject property, can be made available to the subject property.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.11 of the EIR.
SC 4.11.2-1 Prior to issuance of the grading permit, the applicant shall prepare a water
supply plan for the proposed project (including water supply during
construction) in accordance with City standards and submWthe plan to the
City for review and approval. The water supply plan shall connect to
existing facilities in the 350 water pressure zone and meet all other
requirements prescribed by the City related to main size, pressure, etc.
SC 4.11.2-2 The proposed project shall comply with Title 24 and shall incorporate all
applicable water conservation measures (e.g., low-flow toilets and urinals,
etc.) into the proposed project to reduce the project's demand for domestic
water to the maximum extent practicable.
MM 4.11.2-1a Prior to the approval of the final map for the project, the applicant shall
submit a public improvement plan that includes provisions for extending
recycled water service to the project site to meet all landscape irrigation
needs as well as those required for the toilets and urinals for the proposed
project. The design and construction of on-site recycled water service shall
meet all applicable State Recycled Water rules and regulations, California
Plumbing Code 2009, and City of San Juan Capistrano
requirements/standards. The applicant shall connect to the public recycled
water service system at such time as it is available at the project
boundaries.
MM 4.11.2-1b Project implementation will necessitate the construction of a 12-inch high
pressure line connected to the 350C zone starting at the 1-5 Freeway and El
Horno; traveling to the project site then returning across the freeway to a
point at the intersection of Ortega Highway at Avenida Los Cerritos.
Construction plans shall be submitted to the City for Review and approval.
Facts in Support of the Finding: Project implementation will result in the development of
a mixed-use project in the city. The increase in domestic water demand associated with
site development can be accommodated by existing potable water supplies and facilities.
The water plans will identify the manner in which sewer collection will be provided to the
proposed project in the long-term.
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 29
3. IMPACT
Long-Term Impacts, No significant impacts to solid waste collection and/or landfill capacity
are anticipated. The proposed project must comply with the provisions of the City's Source
Reduction and Recycling Element.
Finding: Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.11 of the EIR.
SC 4.11.3-1 The project applicant shall comply with the provisions of the Tri-Cities (San
Juan Capistrano, Dana Point and San Clemente) Source Reduction and
Recycling Element (SRRE) adopted by the City of San Juan Capistrano to
reduce solid waste by 50 percent.
Facts in Support of the Finding: Project implementation will result in the development of
a mixed-use project in the City. The increase in solid waste associated with site
development can be accommodated by existing landfill collection and disposal service
and facilities, which have adequate capacity to serve the proposed project.
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
L. AESTHETICS
1. IMPACT
Short-Terra Impacts: Construction staging areas, storage of equipment and supplies, and
related activities occurring on the site during construction will contribute to a generally
"disturbed" condition, which may be perceived as a potential visual impact.
Finding. Changes or alterations have been required in, or incorporated into the project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.12 of the El R.
SC 4.12.1 The proposed project shall be subject to review and approval by the Design
Review Committee (DRC) and Planning Commission, who shall determine
compliance with the goals, policies and standards of the San Juan
Capistrano Architectural Design Guidelines and the project's draft
Comprehensive Development Plan that promote "high-quality" urban
design and aesthetic resource preservation through the City's design
review process.
SC 4.12-2 All street, signage, landscape, and parking lot lighting sources shall be
shielded and oriented, or provided with baffled luminaires so as to prevent
lighting overspill into adjacent or nearby properties in compliance with the
Title 9, Land Use Code, Section 9-3.529, Lighting Standards.
SC 4.12-3 Prior to issuance of a certificate of occupancy for any building/structure,
the project developer shall submit, lighting & photometric plan(s) for all
exterior lighting, which shall be subject to City review and approval to
assure that compliance with the City's lighting standards per Section 9.3-
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 30
529 for permitted illumination within the parking areas and walkways as
well as demonstrate that illumination does not create off-site light and
glare, to the satisfaction of the Development Services Director or their
designee, or who may refer such pians to the Design Review Committee
(DRC)for review determination.
SC 4.124 Site lighting shall not result in excessive illumination based on the
luminance recommendations of the Illuminating Engineering Society
(IES) of North America.
MM 4.12-1 Prior to issuance of a grading permit, the applicant/contractor shall
prepare a Construction Staging Plan that identifies the location(s) of
staging areas, including equipment and vehicle storage areas, stockpile
areas, etc. These areas shall be located as far away from the existing
view corridors as practical. In addition, the Construction Staging Plan
shall also identify the manner in which the staging and equipment storage
would be screened (e.g., temporary fencing, landscaping, berms, or a
combination of these and other methods) subject to the approval of the
Public Works Director, to ensure that the temporary visuar impacts would
be minimized within the viewshed.
Facts in Support of the Finding; The provision of fencing, landscaping, berms, and/or
related features to buffer the construction stating areas will be effective in minimizing the
exposure of the construction equipment and related construction activities when viewed
from the surrounding arterial roadways, which are view corridors.
All environmental effects have been substantially lessened by virtue of the measures
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
V. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT
CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of
the project, which could feasibly attain most of the basic objectives of the project and to evaluate the
comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the
". . . discussion of alternatives shall focus on alternatives to the project or its location which are capable of
avoiding or substantially lessening any significant effects of the project, even if these alternatives would
impede to some degree the attainment of the project objectives, or would be more costly."
The proposed project has been compared to several "feasible" alternative development scenarios,
including the No Project alternative as prescribed by CEQA. These alternatives include: (1) No Project
(Existing General Plan Land Use Designation); (2) Reduced Intensity (Reduced restaurant, office and
retail floor area); (3) Proposed Project Consistent with Existing "GC" (General Commercial) Zoning (No
CDP Amendment/No Zone Change); and (4)Alternative Site.
The analysis contained within the EIR concludes that the proposed project will result in short-term project-
specific significant unavoidable adverse noise impacts that cannot be mitigated to a less than significant
level. However, the potential impacts of the proposed project itself have not been found to significantly
impact any sensitive environmental resource that might be avoided by development at another location.
The following discussion summarizes the potential environmental consequences and highlights the
comparative merits associated with each alternative identified as "potentially feasible" and analyzed in the
EIR as well as the"No Project" alternative.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 31
A. NO PROJECT ALTERNATIVE (EXISTING GENERAL PLAN)
The No Project alternative would evaluate development of the site in accordance with the existing General
Plan Land Use Element's "3.1 General Commercial" land use designation, which allows for a maximum
floor area ratio (FAR) of 0.50 for individual lotstprojects and the development of"retail, office, and service-
oriented business activities serving a community-wide area and population or broader market." Based on
the maximum 0.50 FAR, this alternative would allow the development of 69,260 square feet of retail
commercial floor area on the 3.98-acre property.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Potential impacts associated with the No Project alternative are similar to those anticipated to occur as a
result of the proposed project, particularly those related to public health and safety, drainage and
hydrology, cultural resources, public services and facilities, utilities, etc. Although potential traffic, air
quality, and greenhouse gas impacts would be increased with in the alternative development scenario,
necessitating the same or more extensive mitigation measures as prescribed for the proposed project.
Findings F
Ability to Achieve Project Objectives
The No Project alternative would achieve several of the project objectives, including providing
tourist commercial services (e.g., retail, restaurant, etc.) to visitors to the city and it will be a
landmark feature in the City and would generate revenue for the City through increase sales and
property tax. The project would also be designed to complement the Mission and would promote
business activity in the downtown historic area of San Juan Capistrano. However, the No Project
alternative would not include a hotel and would, therefore, not provide lodging for visitors.
• Elimination/Reduction of Significant Impacts
With the exception of Land Use and Aesthetic impacts and possibly construction-related air
emissions (VOCs), implementation of this alternative would not reduce any potential impacts. The
project would be consistent with the land use and zoning district regulations adopted for the
subject property. Most of the impacts resulting from the No Project alternative would be the same
as those identified for the proposed project, including noise, cultural resources, utilities, public
facilities, etc. However, it is anticipated that this alternative would result in increased traffic, which
would exacerbate the impacts identified for the project and would also result in increased air
pollutant and GHG emissions.
• Comparative Merits
Although this alternative would be consistent with the adopted land use and zoning district
regulations and would reduce the vertical scale of the structures within the view corridor, the No
Project alternative would result in potentially greater traffic, air quality (operational) and GHG
emissions impacts. This alternative is not environmental superior when compared to the
proposed project and other alternatives.
Findings: The subject property has been vacant since the close and removal of the hotel, gas
station and restaurant that previously occupied the site. Implementation of the No Project
Alternative would result in potentially greater traffic, air quality and greenhouse gas emissions, In
addition, the significant unavoidable albeit short-term noise impacts would remain.
Statement of Findings'and Facts
Plaza Banderas Hotel Project
Page 32
B. REDUCED INTENSITY ALTERNATIVE (REDUCED RESTAURANT, OFFICE AND
RETAIL FLOOR AREA)
The Reduced Intensity Alternative would include most of the same uses (i.e., hotel, restaurant and retail)
as the proposed project; however, the floor area of the restaurant would be reduced from 5,747 to 4,700
square feet (i.e., approximately 1,000 square feet less). In addition, the private office floor area of 1,971
square feet located on the second floor of the proposed retail use would be eliminated, resulting in a one-
story, 6,509 square foot building that could be used for office and/or retail purposes. The hotel would
remain unchanged with 124 rooms (74,973 square feet)and three stories in height.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Potential impacts associated with the Reduced Intensity alternative are similar to those anticipated to
occur as a result of the proposed project, particularly those related to public health and safety, drainage
and hydrology, cultural resources, public services and facilities, utilities, etc. In addition, potential traffic,
air quality and greenhouse gas impacts from this alternative would also be reduced; however, the short-
term construction impacts would remain significant, necessitating the same or similar mitigation measures
as prescribed for the proposed project and would require the adoption of a Statement of Overriding
Considerations.
Findings
• Ability to Achieve Project Objectives
This alternative would achieve each of the project alternatives, although not quite to the same
degree as the proposed project. The Reduced Intensity alternative would enhance the downtown
area and create the desired "gateway" for the City. In addition, it will complement the Mission
through its design and architecture, provide services to residents and visitors to the City and serve
as a landmark that would be seen from the freeway; it would also promote business activity within
the historic downtown. This alternative would also generate public revenue; however, the
reduction in floor area would result in a slight reduction in that potential revenue.
• Elimination/Reduction of Significant Impacts
The Reduced Intensity alternative would achieve some reduction in potential impacts. In
particular, this alternative would result in a reduction in vehicular trips and, therefore, less of a
contribution to the cumulative impacts at the two affected intersections. It would also reduce
mobile-source pollutant emissions, including GHG. It is possible that with the elimination of nearly
3,000 square feet of building floor area, VOC impacts would not occur with this alternative and the
resulting short-term construction air quality impact could be less than significant. Finally, the view
of the site from Ortega Highway and EI Camino Real of the development would be improved with
the elimination of the second story office.
• Comparative Merits
Implementation of this alternative would result in potentially less impacts when compared to the
proposed project-related impacts. Although it is not the "environmentally superior" alternative of
those considered, the Reduced Intensity alternative would result in reduced impacts.
Finding; The Planning Commission finds, pursuant to Public Resources Section,21081(a)(3), that
specific legal, economic, social, technical or other considerations make the Reduced Intensity
Alternative identified in the DEIR and FEIR infeasible.
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 33
Facts in Support of the Findings: The Reduced Intensity alternative, which includes a reduction in
the commercial floor area and would not necessitate a CDP or General Plan Amendment, would
not generate the additional revenue to the City. In addition, this alternative would generate fewer
jobs and employment opportunities in the City as reflected in the long-range goals and objectives
articulated in the redevelopment plan. Finally, the short-term noise impacts could remain
significant and unavoidable. Therefore, this alternative would not be feasible for the project
applicant.
C. PROPOSED PROJECT CONSISTENT WITH EXISTING "GC" (GENERAL
COMMERCIAL) ZONING (NO CDP AMENDMENTIZONE CHANGE) ALTERNATIVE
This alternative would allow development of the site in accordance with the existing General Plan land use
designation of"3.0 Neighborhood Commercial" and the existing "GC" (General Commercial) Zoning (i.e.,
no zone change and no general plan amendment). The proposed hotel would be a permissible use under
the existing zoning but would be limited to two stories and could not exceed the 35-foot height limit
prescribed by the zoning, resulting in the elimination of the third story of the proposed hotel which contains
39 hotel guest rooms. This alternative assumes that the design of the 1�t and 2nd.floors would remain
unchanged and a total of 85 hotel rooms would be developed under this alternative. The development
would need to comply with the General Plan's current 0.50 FAR maximum permitted by the "3.1 General
Commercial" land use designation, which would result in a total floor area of 69,260 square feet. With the
P floor eliminated, the floor area of the proposed hotel would decrease from 74,973 square feet to 57,249
GSF. Thus, the office/commercial component of the project could not exceed 12,011 square feet
(maximum site floor area of 69,260 SF less 57,249 square feet of hotel use).
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Potential impacts associated with this alternative (No CDP or GPA) are similar to those anticipated to
occur as a result of the proposed project, including those related to public health and safety, drainage and
hydrology, cultural resources, public services and facilities, utilities, etc. Land use, traffic and circulation,
air quality, aesthetics, and greenhouse gas impacts would be reduced with in the alternative development
scenario; however, the short-term noise impacts would remain significant, necessitating the same or
similar mitigation measures as prescribed for the proposed project. As with other alternatives, this
alternative would not avoid or reduce the significant noise impact, and would also necessitate the adoption
of a Statement of Overriding Considerations.
Findings
• Ability to Achieve Project Objectives
Although this project would achieve all of the objectives identified in Chapter 3.0 (e.g., enhance
the downtown area with a "gateway„development, complement the Mission and historic character
of the City, provide needed services to visitors and residents, serve as a landmark feature,
increase the tax base, and promote business activity in the historic downtown), the potential
increase in retail sales revenue would be reduced somewhat with the reduction in retail
commercial floor area (12,011 square feet compared to over 14,300 square feet) and the potential
hotel revenue would be significantly reduced as a result of the over 30 percent reduction in the
number of hotel rooms.
• Elimination/Reduction of Significant Impacts
This alternative would result in the greatest reduction in potential environmental impacts, although
the potentially significant short-term construction noise impacts associated with the proposed
project and other alternatives (with the exception of the Alternative Site) would remain. However,
the reduction in building height and floor area, which result in fewer hotel rooms and retail uses,
would result in reduced traffic, air quality and GHG, and aesthetic impacts. In addition, it is likely
Statement of Findings and Facts
Plaza Banderas Hotel Project
Page 34
that this alternative would reduce the project-related VOC emissions to a less than significant
impact. Other impacts would be reduced from those identified by the proposed project, however,
the mitigation measures identified for the proposed project would still be required.
Comparative Merits
With the potential reduction of the significant VOC impacts and related traffic reduction, air
pollutant emissions reduction, and reduced scale development that would have less imposing
appearance within the viewed, this alternative qualified as the "environmentally superior"
alternative when compared to the proposed project and other alternatives.
Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that
specific legal, economic, social, technical or other considerations make the Reduced Intensity
Alternative identified in the DEIR and FEIR infeasible.
Facts in Support of the Findings: As indicated for the No CDP/GPA alternative, this alternative
would also eliminate a portion of the commercial floor area, which would result in reduced revenue
to the City and generate fewer jobs and employment opportunities in the City resulting from the
reduction in floor area and hotel rooms. Therefore, this alternative would not be feasible for the
project applicant.
D. ALTERNATIVE SITE
The Alternative Site alternative would result in development of the proposed project on the EI Parador
Hotel project site, which encompasses approximately 9.1 acres east of the 1-5 Freeway north of La Novia
Avenue, south of San Juan Creek Road, and east of Valle Road. The EI Parador Precise Plan, which was
adopted in 1982, would allow for the development of a 300-unit hotel and ancillary facilities on the subject
property.
SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS
Potential impacts associated with the Alternative site are similar to those anticipated to occur as a result of
the proposed project, including those related to public health and safety, drainage and hydrology, cultural
resources, public services and facilities, utilities, etc. Potential traffic, soils/geology, and aesthetics
impacts would be increased with in the alternative development scenario. In addition, the implementation
of the proposed project on the alternative site would avoid the significant short-term noise impacts
because it the site is not located near sensitive land uses.
Findings
Ability to Achieve Project Objectives
This alternative would achieve the fewest of the project's objectives because the El Parador site is
not located within the City's historic downtown area. Although the proposed project could serve
as a landmark feature, it would not serve as a "gateway" to the City's town center.
Implementation of the project on the alternative site would provide needed services to residents
and visitors to the City and it would also increase the City's tax base; however, the alternative
location would not promote business activity in downtown San Juan Capistrano and it would not
complement the Mission as intended by the proposed project.
Elimination/Reduction of Significant Impacts
As indicated above, implementation of the proposed project at the Alternative Site would result in
the elimination of the significant unavoidable noise impacts to San Juan Elementary School;
Statement of Findings and Pacts
Plaza Banderas Note!Project
Page 35
however, overall, this alternative would result in the same or greater impacts than the proposed
project, including potentially significant aesthetic and traffic impacts.
Comparative Merits
Although this alternative would reduce some impacts, including significant short-term noise
impacts, the fewest project objectives would be achieve through its implementation. In particular,
revitalization and enhancement of the historic downtown would not be achieved and the desired
"gateway„ landmark to the downtown area would not occur. In addition, the EI Parador site is not
owned by the project applicant and a plan to develop this site has been submitted and is pending
action by the City of San Juan Capistrano. Finally, this alternative is not environmentally superior
to the proposed project.
Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that
specific legal, economic, social, technical or other considerations make the Alternative Site
identified in the DEIR and FEI R infeasible.
Facts in Support of the Findings: Although the Alternative Site would avoid the significant,
unavoidable adverse noise impacts that would occur during construction, the El Parador site is not
available for sale at the present time because a development proposal as been submitted to the
City and is currently under review by the San Juan Capistrano City Council. Therefore, this
alternative would not be feasible for the project applicant.
VI. GENERAL FINDINGS
1. The plans for the project have been prepared and analyzed so as to provide for public
involvement in the planning and CEQA processes.
2. The degree that any impacts described in the EIR are perceived to have a significant
effect on the environment, or such impacts appear ambiguous as to their effect on the
environment, any significant effects of such impacts have been substantially lessened or
avoided by the standard conditions and mitigation measures set forth in the Final EIR.
3. Comments regarding the Draft EIR received during the public review period have been
adequately responded to in written Responses to Comments attached to the Final EIR.
With the exception of Air Quality, any significant effects described in such comments were
avoided or substantially lessened by the standard conditions mitigation measures
described in the Draft EIR.
4. Potential air quality impacts will remain significant and unavoidable after implementation
of the standard conditions and mitigation measures prescribed for the proposed project.
Therefore, the City of San Juan Capistrano has adopted a Statement of Overriding
Considerations (refer to Exhibit C).
1. The analysis contained in the Draft EIR of the environmental effects and mitigation
measures represent the independent judgment and analysis of the City of San Juan
Capistrano.
Statement of Findings and Facts
Plaza 6anderas Hotel Project
Page 36
STATEMENT OF OVERRIDING CONSIDERATIONS
PLAZA BANDERAS HOTEL
SAN JUAN CAPISTRANO, CA
I. INTRODUCTION
The City of San Juan Capistrano ("City") is the Lead Agency under CEQA for preparation, review and
certification of the Fina[ EIR for the project. As the Lead Agency, the City is also responsible for
determining the potential environmental impacts of the proposed action and which of those impacts are
significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize
those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the
benefits of a proposed action against its significant unavoidable adverse environmental impacts in
determining whether or not to approve the proposed project. In making this determination the City is
guided by CEQA Guidelines Section 15093 which provides as follows:
(1) CEQA requires the decision-making agency to balance, as applicable, the economic,
legal, social, technological, or other benefits of a proposed projept against its
unavoidable environmental risks when determining whether to approve the project. If the
specific economic, legal, social, technological, or other benefits of a proposed project
outweigh the unavoidable adverse environmental effects, the adverse environmental
effects may be considered "acceptable."
(2) When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the final EIR but are not avoided or substantially lessened,
the agency shall state in writing the specific reasons to support its action based on the
final EIR and/or other information in the record. The statement of overriding
considerations shall be supported by substantial evidence in the record.
(3) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to,
findings required pursuant to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that
specific economic, legal, social, technological, or other considerations, including considerations for the
provision of employment opportunities for highly trained workers, make infeasible the mitigation measures
or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency
must also find that overriding economic, legal, social, technological, or other benefits of the project
outweigh the significant effects of the project.
Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the
City has balanced the benefits of the proposed Project against the following unavoidable adverse impacts
associated with the proposed Project and has adopted all feasible mitigation measures with respect to
these impacts. The City also has examined alternatives to the proposed Project, none of which both
meet most of the Project objectives and none are environmentally preferable to the proposed Project for
the reasons discussed in the Findings and Facts in Support of Findings.
The City of San Juan Capistrano, acting as Lead Agency, and having reviewed the Final EIR for the plaza
I3anderas Hotel project, and reviewed all written materials within the City's public record and heard all oral
testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has
balanced the benefits of the project against its significant unavoidable adverse environmental impacts in
reaching its decision to approve the project.
Statement of Overriding Considerations
Plaza Banderas Note!Project
Page f
Exhibit B
II. SIGNIFICANT UNAVOIDABLE ADVERSE ENVIRONMENTAL IMPACTS
Although most potential Project impacts have been substantially avoided or mitigated, as described in the
Findings and Facts in Support of Findings, there remain some project impacts for which complete
mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the
Lead Agency, however, even with implementation of the measures, the City finds that the there is no
assurance that the significant impact can be reduced to less than significant level because technological
or other considerations make the mitigation measures infeasible. The potentially significant unavoidable
adverse impacts are described below and were also addressed in the Findings.
Noise
Although project-related construction activities would occur during the least noise-sensitive portion of the
day and mitigation measures would help to reduce noise generated by construction activities, the effects
of project construction activities on speech interference at the Mission San Juari` Capistrano would
continue to exceed the 55 dBA L,,, speech interference threshold and would result in a significant noise
impact at this use; however, construction-related noise will remain significant and unavoidable,
necessitating the adoption of a Statement of Overriding Considerations,
III. PUBLIC BENEFITS
The City, after balancing the specific economic, legal, social, technological, and other benefits of the
proposed Plaza Banderas Hotel project, has determined that the unavoidable adverse environmental
impacts identified above may be considered acceptable due to the following specific considerations that
outweigh the unavoidable, adverse environmental impacts of the proposed Project.
1. Project implementation will create employment-generating opportunities for residents of San Juan
Capistrano and the surrounding communities through the proposed retail/commercial, office, and
hotel development, which would directly create additional jobs in the City of San Juan Capistrano.
2. Site development would result in the generation of increased property taxes that would augment
the City's fiscal base. The increase in property tax revenue would be available to continue to
fund public services and facilities, including but not limited to police and fire protection, parks and
recreation, as well as unfunded planned improvements. In addition, the project would result in
increased tax increment from property taxes on improvements situated within the Community
Redevelopment Agency (RDA) planning area.
3. Additional commercial development will result in additional taxable sales that contribute to sales
tax revenues that help fund public services and facilities, including but not limited to police and
fire protection, parks and recreation, as well as unfunded planned improvements.
4. The Ortega Highwayl1-5 node is the entry to the City's historic downtown area. The site will be
defined by the high quality architectural design of the Plaza Banderas Hotel project, which will
preserve and enhance the City's traditional, historic character established by the Mission San
Juan Capistrano.
5. The Plaza Banderas Hotel will fill an existing void in the City by providing much needed nigh
quality lodging, retail commercial, and dining establishments to serve the San Juan Capistrano's
tourism industry throughout the year.
The City of San Juan Capistrano hereby finds that all feasible mitigation measures identified in the Final
EIR have been and will be implemented with the Project, and that any significant unavoidable effects
remaining are acceptable due to the above stated specific economic, social and other considerations,
based upon the facts set forth above, in the Final EIR and in the public record of the consideration of this
Project.
Statement of Overriding Considerations
Plaza Banderas Hotel Project
Page 2
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
San.duan Capistrano, CA
Method ofTiming of:
S:CINIM No.. E Mitl ation Measure/Standard Condition Verification Implementation- Res onsib€li . .
Land Use
The Plaza Banderas Hotel project will be reviewed for
consistency with the approved Comprehensive Development prior to issuance of Building
SC 4.1-1 Plan (CDP), CaRomia Building Code, Uniform Fire Code, and Plan Check Permit Planning Department
other applicable codes and ordinances prior to issuance of
building peits.
Traffic and Circulation
Prior to issuance of the first building permit for each phase of
development, a Traffic Control Plait and Construction
Management Plan shalt be prepared and implemented during the
construction phase for each improved phase. The Traffic Control
Plan shall specify:
• Traffic control for any street closure, detour or other
disruption to traffic conditions
• Routes that construction vehicles will utilize for the delivery
of construction materials (i.e., lumber, tiles, piping,
windows,etc.)to access the site,traffic control and detours Prior to Issuance of the First
MM 4.2-1a and proposed construction phasing plan for the project. Plan Check Building Permit Engineering Department
• Parking needs and parking areas for construction-related
equipment and workman support.
• Hours during which transport activities can occur and
methods to mitigate construction-related impacts to
adjacent streets.
The Traffic Control and Construction Management Plan shall
comply with the standards established in the current California
Manual on Uniform Traffic Control Devices (MUTCD) as well as
Ci!y of San Juan Capistrano requirements.
The applicant shall be required to keep all haul routes clean and '
free of debris, including but not limited to gravel and dirt as a
result of its operations. The applicant shall clean adjacent streets, During Grading and Contractor
X
MM 4 .2-1b as directed by the City Engineer (or representative of the City Monitoring Construction Engineering Department
Engineer)of any material that may have been spilled,tracked or
blown onto adjacent streets or areas.
0
Mitigation Monitoring and Reporting Program
,Plaza Banderas Hotel Project
Page 1
Method of ';': Timi.ng:of... ..
SCIMM No: Mitigation:Measure./Standard Con_ditioriVerification . Impiementation. Res onsibili
Hauling or transport of oversize loads will be allowed between
the hours of 8:3€3 a.m. and 11:30 a.m. only, Monday through
Friday, unless otherwise approved by the City Engineer.
Hauling or transport may be permitted/required during the
nighttime hours, weekends or on Federal holidays, at the
discretion of the City Engineer. All hauling/delivery access to During Grading and Contractor
4.2-1e and from the site shall be from the east on Ortega Highway, Monitoring Construction Engineering Department
except during the period of time when the Ortega Highway
overcrossing bridge is being reconstructed. During this period,
all trucks using the 1-5 1 Ortega Highway on- and off-ramps
shall be rerouted to other nearby streets. An approved Haul
Route Permit will be required.by the City.
4.2-1d Haul trucks entering or exiting public streets shall at all times yield During Grading and Contractor
to public traffic. Monitoring Construction Engineering Department
If hauling operations cause any damage to existing pavement,
street,curb and/or gutter along the haul route,the applicant shall During Grading and
4.2-1e be fully responsible for repairs, which shall be completed to the Monitoring Construction Engineering Department
satisfaction of the Citv En ineer.
All construction-related parking and staging of vehicles shall be During Grading and Contractor
4.2-1f kept out of the adjacent public roadways and parking lots and Monitoring Construction Engineering Department
shall occur on-site.
Prior to issuance of the first building permit for the proposed
project, the project applicant shall pay the required Capistrano
Circulation Fee Program(CCFP)fees, as determined by the City
of San Juan Capistrano, based on the improvements included in
the 1-5/Ortgage Highway interchange, which include restriping
and/or widening the 1-5 NB Ramps to provide a southbound right-
4.2-2 tum lane only from Avenida Los Cerritos, restriping the second Payment of CCFP Fees Prior to Issuance of the First Engineering Department
eastbound left-tum lane on Ortega highway to a third eastbound Building Permit
through lane and restriping the second eastbound through lane to
a shared eastbound throughlright-turn lane, in addition, widen
and/or restripe Ortega Highway to provide an exclusive
eastbound free right-tum lane, restripe the exclusive right-tum
lane on Ortega Highway to a shared westbound through/right-tum
lane,and modify the existing traffic si nal.
Prior to issuance of the first building permit for the proposed
project,the project applicant shall pay the required CCFP fees,as
determined by the City of San Juan Capistrano, based on the
improvements included in the 1-5/Ortega Highway interchange, Prior to Issuance of the First
4.2-3 which includes restriping the southbound shared left/throughlright- Payment of CCFP Fees Building Permit Engineering Department
turn lane on the 1-5 SB Ramps to a shared teftfright-turn lane;
widen and/or restripe Ortega highway to provide an exclusive
eastbound right-turn lane and a second westbound left-turn lane,
and mod! the existing traffic signal.
Air Quality
The project shall comply with SCAQMD Rule 402, which During Grading and
SC 4.3-1 prohibits air contaminants or other materials that cause injury, Field Monitoring Construction Public Works Department
Mitigation Monitoring and Reporting Program
Plaza Banderas Hatel Project
Page 2
Method of, Timing of
5CIMM'No. . Miti anon Measure/Standard Condition Veri#ication.. implementation :Responsiliiti
detriment, nuisance or annoyance to any considerable number
of persons or to the public, or which endanger the comfort,
repose, health, or safety of any such persons or the public, or
which cause, or have a natural tendency to cause injury or
damage to business or property to be emitted within the
SoCAB.
The project shall comply with SCAQMD Rule 403, which sets
requirements for dust control associated with grading and During Grading and
SC 4.3-2 construction activities (refer to Tables 4, 5 and 6 in Appendix Field Monitoring Construction Public Works Department
E).
The project shall comply with SCAQMD Rules 431.1 and During Grading and
SC 4.3-3 431.2, which require the use of low sulfur fuel for stationary Field Monitoring Construction Public Works Department
construction equipment.
The project shall comply with SCAQMD Rule 1108,which sets During Grading and
SC 4.3 4 limitations on ROG content in asphalt. Field Monitoring Construction Public Works Department
SC 4.3-5 The project shall comply with SCAQMD Rule 1113,which sets Field Monitoring During Grading and Public Works Department
limitations on ROG content in architectural coatings. Construction
The project shalt comply with City of San Juan Capistrano
SC 4.3-6 Municipal Code Section 9-3.513, which requires Field Monitoring During Grading and Public Works Department
implementation of dust controllsuppression measures (similar Construction
to SCAQMD Rule 403).
The project shall comply with Title 24 energy-efficient design
SC 4.3-7 requirements as well as the provision of window glazing, wall Plan Check Prior to Issuance of the First Planning Department
insulation, and efficient ventilation methods in accordance with Building Permit
the requirements of the Uniform Building Code.
The construction contractor shall use interior paints with a
maximum volatile organic compound (VOC) content of 212
grams of VOC per liter of paint for all interior painting of all
proposed project buildings. Paints that meet the low-VOC
limits of South Coast Air Quality Management District Prior to Issuance of the First Contractor
MM 4.3-1 (SCAQMD)Rule 1113 are known as "super-compliant paints." Plan Check Building Permit Public Works Department
A list of super-compliant VOC coating manufacturers is
available at SCAQMD's website
(http:]AwAw.agmd.goviprdas/brochureslpaintguide.html). Prior
to building permit issuance,the use of super-compliant interior
paints shall be noted on building plans.
Noise
Construction activity which includes the delivery andlor
recovery of materials,supplies,or construction equipment shall
be conducted in accordance with City of San Juan Capistrano
Municipal Code, Title 8. Chapter 2, Section 8-2.04, Permitted
SC 4.4-1 !"fours of Construction Operation as follows: Monday through Field Monitoring During Grading and Engineering Department
Friday 7:00 a.m. to 6:00 p.m.: and Saturday 8:30 a.m. to 4:30 Construction
p.m.
Hailing soil to or from the site, or from one part of the project
site to another, shall c=ly..with San Juan Capistrano
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
Page 3
Method:of.. . Timing of
SC/MM No. Mitigation Measurel5tandard_Condition Verification lmptementation. Res onsibili
Municipal Code Section 8-3.13, Import or Export as follows:
The loading and transportation of earth from or to the site shall
be accomplished between 7:00 a.m. and 5:00 p.m.on Monday
through Friday and between 8:30 a.m, and 12:30 p.m. on
Saturdays. Saturday afternoon work hours may be extended
up to 4:30 p.m. only with the prior approval of the Building
Official. Such approval shall be based upon the consideration
of the haul routes, noise and dust factors, proximity to
residences, and similar criteria. No earth loading or
transportation shall be permitted on Sundays or on Federal
holidays.
The construction site supervisor(the individual with complete
supervisory control over all on-site construction scheduling and
activities) shall properly maintain and tune all construction
equipment to minimize noise emissions. The contractor shall
maintain all equipment maintenance records (originals or
copies)onsite during construction and shall allow inspection of During Grading and Construction Site Supervisor
MM 4.4-1a those records by authorized City staff, including Community Fielding Monitoring Construction Public Works Department
Development Department staff or Public Works Department
staff,when so requested. Violations of this provision, including
failure to maintain records onsite, may be subject to
administrative citation pursuant to Chapter 7, Administrative
Citations, of Title 1 of the San Juan Capistrano Municipal
Code.
The construction site supervisor shalt be responsible for
assuring that all construction equipment has been fitted and
maintained with properly operating mufflers, air intake
silencers, and engine shrouds no less effective than as
originally equipped by the manufacturer to minimize noise During Grading and Construction Site Supervisor
MM 4.4-1b emissions. Lack of or improperly maintained mufflers, Feld Monitoring Construction Public Works Department
silencers, and/or shrouds on construction equipment may
constitute a violation subject to administrative citation pursuant
to Chapter 7, Administrative Citations, of Title 1 of the San
Juan Capistrano Municipal Code.
The construction site supervisor shall locate and maintain the
construction staging area for construction vehicles, materials
and equipment on the southeastern portion of the project site
as far away as practically possible from the Mission San Juan
Capistrano and the San Juan Elementary School.All stationary
noise sources (e-g., generators, compressors, staging areas) Du(rng Grading and Construction Site Supervisor
MM 4.4-1c as far from noise-sensitive receptors as feasible, but at least Field Monitoring Construction Public Works Department
100 feet from existing noise-sensitive residential land uses. In
any case, where such stationary noise sources cannot be
situated at least 100 feet from existing noise-sensitive
residential land uses, such equipment shall be provided with a
temporary noise barrier subject to approval by the City's
buildin / rading inspector, Violations of this plovision ma be
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
Page 4
Method.of.. Timing.of
SCIMM No Mitigation Measure/Standard Condition Verification impcementation Res onsibici.
subject to administrative citation pursuant to Chapter 7,
Administrative Citations, of Title 1 of the San Juan Capistrano
Municipal Code. Prior to the issuance of any demolition,
grading or building permit,the associated plans shalt depict the
location of the construction staging area which shalt be subject
to the approval of the Development Services Director or his
designee.
In the event any demolition, grading or trenching occurs during
days when school is in session, the construction site supervisor
shall install temporary sound barriers (sound blankets or
plywood) along the western and northern perimeter of the site
during demolition, grading, and trenching activities consistent
with a temporary sound barrier plan that shall be subject to
review and approval by the City. The plan shall demonstrate to
the satisfaction of the City that the temporary sound barrier will
reduce construction noise impacts on San Juan Elementary During Grading and Construction Site Supervisor
MM 4.4-1d School to not greater than 65 dBA CNEL measured at the Field Monitoring Construction Public Works Department
exterior of the school buildings. The temporary sound barriers
shall have a minimum height of six feet and shall remain in
place on the boundaries until the completion of the site
preparation phase. Violations of this provision, including failure
to secure City approval of a temporary sound barrier plan or
failure to maintain "seamless" sound barriers, may be subject
to administration citation pursuant to Chapter 7,Administrative
Citations, of Title 1 of the San Juan Capistrano Municipal
Code.
Material delivery, soil haul trucks, and equipment servicing
shall be restricted to the hours set forth in the City of San Juan During Grading and
MM 4.4-1e Capistrano Municipal Code,Title 8, Chapter 2, Section 8-3.04, f=ield Monitoring Construction Engineering Department
Permitted Hours of Construction Operation, and Section 8-
3.13, Import or Export.
To the maximum extent practicable, construction activities will plan Check During Grading and
MM 4.4-1f be scheduled to occur during summer non-school hours so as Engineering Department
to minimize noise impacts to San Juan Elementary School. (Construction Schedule) Construction
The construction site supervisor shall decrease the overall
duration (number of days) of construction activities and
MM 4.4-1g associated construction-noise impacts by having construction Plan Check During Grading and Construction Site Supervisor
crews work a minimum of 10 hours per day but within the days (Construction Schedule) Construction Planning Department
(Monday through Saturday only) and hours specified under
San Juan Capistrano municipal Code Section 9 3.531.
The construction site supervisor shall use existinglplanned
driveways located on Ortega Highway or El Camino Real for During Grading and Construction Site Supervisor
MM 4.4-1h construction vehicle access. Site access from Spring Street Field Monitoring Construction Engineering Department
shall be exprmOy prohibited.
The construction site supervisor shall conduct demolition,
MM 4.4-1i grading and trenching operations during non-school hours Plan Check Prior to Issuance of Construction Site Supervisor
and/or during summer vacation when classes at San Juan (Construction Schedule) Demolition Permit Engineering Department
Elementary School are not in session to the neatest extent
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
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practicable. if such activities must occur when classes are in
session, additional sound attenuating measures shall be
implemented to ensure that the classroom learning
environment is not adversely affected. These additional
measures may include but are not limited to raising the height
of the temporary noise wall, placement of sound blankets at
strategic locations along the perimeter of the site, and, were
possible,conductin activities farther 9A;ay from the school.
The construction site supervisor shall coordinate the use of
heavy construction equipment operations with the Principal of
San Juan Elementary School to avoid noise disturbance during
state or district-mandated achievement testing days. The
construction site supervisor shall not allow the operation of Construction Site Supervisor
heavy construct-ion equipment during such mandated testing During Grading and
MM 4.4-1 j days. However, as an alternative, the construction site Coordination Construction Elementary
p tart'S Juan
supervisor may operate such equipment during mandated Elementary School
testing daysiperiods if such equipment has been provided with
sound blanket barriers or similar noise proofing to the
satisfaction of the Development Services Director or his
designee.
Prior to the start of construction, the construction site
supervisor shall post signs,clearly visible along the three street
frontages of the project site, with a contact name and
telephone number of that on-site person responsible for Prior to Commencement of Construction Site Supervisor
MM 4.4-1k immediately investigating and addressing construction noise Field Monitoring Grading Planning Department
complaints and shall provide that contact information to the
Principal of San Juan Elementary School, This signs shall be
maintained until the end of all construction activities.
During construction, the construction manager shall ensure
that the following minimum operating distances between
construction equipment and the adjacent residence to the
northwest of the project site are maintained:
MM 4.4-2 Field Monitoring During Grading and Construction Site Supervisor
Loaded trucks and jackhammers-20 feet Construction Engineering Department
Large construction equipment (equivalent to a large
bulldozer)—40 feet
Vibratory roller—50 feet
Prior to the approval of final building plans for the Plaza
Banderas hotel component, the applicant shall prepare an
acoustic study that demonstrates that the exterior noise levels
at the proposed hotel pool shall not exceed 65 dBA CNEL per Prior to Approval of Final
MM 4.4-3a the City's noise compatibility standards. Acoustical design Acoustic Study Building Plans Engineering Department
features incorporated into the proposed project design may
include exterior features to reduce noise, such as masonry
walls, glass or plexiglass, subject to the review and approval
under the City's design review process
Prior to the approval of final building plans for the Plaza Prior to Approval of Final
MM 4'4-3b Banderas hotel component,the acoustic stud required b MM Plan Check Building Plans Engineering Department
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Plaza Banderas Hotel Project
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Method of Timing.of.
SUM No. Mitigation Measure/Standard_Condition Verification'' Implementation Res"onsibili.
4.4-3a shall include analysis that demonstrates that the interior
noise levels in habitable rooms (residential and offices) shall
not exceed 45 dBA CNEL,as defined by the California Building
Code. Acoustical design features incorporated into the
proposed project design, which may include exterior features
to reduce noise, such as bermstwalls or architectural features
such as Sound Transmission Class or Outdoor Indoor
Transmission Class rated windows and doors, shall be shown
on all building plans and shall be incorporated into construction
of the proposed project. The acoustic study shall include
special attention to and mitigation of lower frequency of noise
generated by the large number of heavy-duty trucks that
traverse the 1-5 freeway and Ortega Highway, This conclusion
shall be demonstrated through submission of an acoustics
study prepared by a qualified consultant.
Public Health and Safety
The City of San Juan Capistrano will require all plans for
proposed uses within the project area to comply with all Prior to Issuance of Building
SC 4.5-1 applicable Federal, State, and local regulations pertaining to flan Check Permit Planning Department
the transport, storage, use andlor disposal of hazardous
materials on the site.
Drainage and Hydrology
Prior to issuance of a grading permit, the project applicant shall
be required to submit a notice of intent(NO])with the appropriate
fees to the State Water Quality Resources Control Board for
coverage of such future projects under the General Construction Prior to Issuance of the
SC 4.6-1 Activity Storm Water Runoff Permit prior to initiation of Plan Check Grading Permit Public Works Department
construction activity at a future site. As required by the NPDES
permit, a Storm Water Pollution and Prevention Plan (SWPPP)
will be prepared and will establish BMPs in order to reduce
sedimentation and erosion.
Prior to Planning Commission approval,the project applicant shall
prepare a Water Quality Management Plan (WQMP) for the
project and submit the WQMP to the City of San Juan Capistrano
for approval. The WQMP shall specifically identify Best
Management Practices (BMPs) that will be used to control
predictable pollutant runoff, including flow/volume-based Prior to Approval by the
SC 4.6-2 measures to treat the"first flush," The WQMP shall identify at a Plan Check planning Commission Public Works Department
minimum the routine structural and non-structural measures
specified in the Countywide NPDES Drainage Area Master Plan
(DAMP), which details implementation of the BMPs whenever
they are applicable to a project, the assignment of long-term
maintenance responsibilities, and shall reference the locations of
structural BMPs.
SC 4.6-3 Prior to issuance of a grading permit, the project applicant shall Plan Check Prior to Issuance of the public Works Department
prepare a Storm Water Pollution and Prevention Pian (SWPPP). Grading Permit
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
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Method of: Timing cif
SCIMM No. Mitigation Measure/Standard:Condition Verification: Implementation Responsibili
The SWPPP will establish BMPs in order to reduce sedimentation
and erosion and prevent construction pollutants from leaving the
site. The project shall also incorporate all monitoring elements as
required in the General Construction Permit. The project
applicant shall also develop an erosion and sediment control plan
to be reviewed and approved by the City of San Juan Capistrano
prior to issuance of radia mrit.
Future site grading and construction shall comply with the Prior to Issuance of the
SC 4.8-4 drainage controls imposed by the applicable building code Plan Check Grading Permit Public Works Department
requirements pnesuibed by the City of San Juan Capistrano.
Blot o icai Resources
In accordance with the Heritage Tree Provision of the City of San
Juan Capistrano, the project applicant shall obtain approval of a Prior to Issuance of Grading
SC 4.7-1 tree removal permit by the City for each tree that will be removed Plan Check Permit Planning Department
from the site that exceeds thirty-six inches (36") in diameter at
breast height DBH).
Prior to any permit issuance for grubbing, grading, tree
trimming/removal or prior to engaging in such activities that
would occur between the breeding season for native birds
(February 15 through July 31),the project applicant shall retain
the services of a qualified ornithologist to conduct an
ornithological survey of the construction zone. The City will
require the developer to submit a copy of the executed contract
for such services prior to the issuance of any grading permits.
The ornithological survey shall occur not more than seven days
prior to the initiation of those gradinglconstruction activities. If
the ornithologist detects any occupied nests of native birds
within the construction zone, they shall be mapped on Prior to issuance of Grading
SC 4.7-2 construction plans and the project applicant will fence off the Survey Permit Planning Department
area(s) supporting bird nests with temporary construction
fencing, providing a minimum buffer of 200 feet between the
nest and limits of construction. (This buffer zone shall be at
least 500 feet for raptors until the young have fledged, are no
longer being fed by the parents, have left the nest, and will no
longer be impacted by the project.) The construction crew will
be instructed to avoid any activities in the zone until the bird
nest(s)is/are no longer occupied, per a subsequent survey by
the qualified ornithologist. Alternatively, the project applicant
will consult as appropriate with the USFWS to discuss the
potential loss of nests of native birds covered by the IVIBTA to
obtain the aRRLOdate errnit from the USFWS.
Cultural/Scientific Resources
Prior to issuance of the grading permit and/or any ground-
disturbing activity, the applicant shall submit a written Prior to issuance of Grading
MM 4.8-1 a monitoringy pp Flan Check Planning Department
plan to the Cit for review and approval, The Permit
monitoring plan shall specsprocedures for field observation;
Mitigation Monitoring and Reporting Program
Plaza Banderas Notes Project
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:
Method of Timing of
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diverting and halting grading to protect finds; notifying and
consulting with concerned parties; significance evaluation of
finds; treatment of finds, including but not limited to the
potential need for a research design and data recovery
program in the case of significant finds; and compliance with
Health and Safety Code Section 7050.5 and Public Resources
Code Section 15064.5(f) and 5097.98 in the event human
remains are encountered. The plan shall address the potential
for encountering previously recorded and/or unknown sites or
features. The plan shall address the possibility of the kiln
feature in the upper parking lot being found to remain in place
when grading exposes that area of the site, and shall provide
for the evaluation of its current condition and significance as
well as a determination by the archaeologist on appropriate
treatment and/or data recovery as.applicable.
A qualified archaeologist (defined as an archaeologist on the
List of Certified Archaeologists for Orange County) shall be
retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about
the sensitive nature of cultural resources located on and/or in
the vicinity of the project site, as well as monitoring
requirements.A qualified monitor(defined as an individual with
a bachelors degree in anthropology with archaeological
monitoring 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 Prior to Commencement of
MM 4.8-1b site utility [natural gas, electricity, sewer, water, drainage, Meeting/Field Monitoring Grading/During Construction Planning Department
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 or other procedure identified in the approve
monitoring plan. 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.
During construction/grading activities, a Native American
monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the -
original ground surface(including during project-related off-site
MM 4.8-1c utility [e.g., natural gas, electricity, sewer, water, drainage, Field Monitoring During Grading Planning Department
communications,etc.]and roadway improvements).The Native
American monitor shall consult with the archaeological monitor
regarding objects and remains encountered during grading that
ma be considered sacred or important. In the event that
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Plaza Banderas Hotel Project
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Method.of Timing of
SC/MM No. Mitigation Measure/Standard Condition Verification Implementation Responsihiiity
evidence of human remains is discovered,the Native American
monitor shall verify that the archaeologist has notified the
Coroner.
Prior to final inspection by the Community Development
Department, the applicant shall submit evidence that final
reports for any historical, culturaf or archaeological resources
MM 4.8-1d recovered from the project site during grading or construction Man Check Prior to Final Inspection Planning Department
have been filed with the appropriate information repository.
Reports shall include information on disposition of resources at
a suitable re osito .
Prior to issuance of a grading permit, a qualified paleontologist
(defined as a paleontologist on the List of Certified
Paleontologists for Orange County) shall be retained by the Prior to Issuance of Grading
MM 4.8-2a project applicant and shall be present at pre-construction Plan Check Permit Planning Department
meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the
vicinity of the pra ect site,as well as monitor requirements.
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,
Prior to issuance of Grading
MM 4.8-2b communications,etc.]and roadway improvements)to monitor for Plan Check Planning Department
paleontological resources. Should paleontological resources be Permit
discovered,the monitor shall have the authority to temporarily halt
or divert construction activities in the vicinity until the qualified
paleontologist can determine if the resources are significant.
Significant paleontological resources shall be recovered by the
J_qualified paleontologist.
Soils and Geoto
All activities associated with the implementation of the proposed Prior to Issuance of Grading
SC 4.9-1 hotel and retaillcommercial development shall comply with the Plan Check Permit Engineering Department
City's Excavation and Grading Ordinance-
The project shall comply with all applicable City Building Code prior to issuance of Grading
SC 4.9-2 requirements as well as those prescribed in the California Building Plan Check permit Engineering Department
Code(CBC).
Prior to the issuance of any grading permit, the applicant shall prior to issuance.of Grading
MM 4.9-1a prepare an Erosion Control Plan, which shall be approved by Plan Check Permit Engineering Department
the Cit Engineer or his designee. _
Prior to the issuance of any grading permit.. the applicant shall
prepare a Storm Water Pollution Prevention Plan (SWPPP) Prior to issuance of Grading
MM 4.9 tb that identifies specific construction and operational BMPs, Plan Check Permit Public Works Department
which shall be approved by the City Engineer, _
Prior to issuance of the grading permit.the applicant shall preparePrior to Issuance of Grading
MM 4.9-2a and submit a detailed grading plan prepared by a licensed Permitcensed � Plan Check Engineering Department
eotechnical en sneer The proposed structures shall be ( _ i
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
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Method of
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Respofrrnsibiti
designed based on applicable geotechnical parameters
prescribed in the report for foundation design as well as those
established by the California Building Code and applicable
regulations. At a minimum,on-site structures shall be designed in
accordance with the 2007 CBC criteria identified in the Draft EIR
and Preliminary Geotechnical Report.
Corrective grading shall be required to remove and recompact all
previously placed artificial fill soils; removal and recompact the
upper 2 to 5 feet of low density, older alluvium; and provide a
blanket of engineered fill below the proposed site improvements.
To satisfy the necessary removal of unsuitable soils, corrective
grading for each area is identified below:
• Corrective grading for the proposed hotel shall extend 6
feet below the existing ground surface, or 3 feet below the
bottom of proposed foundations,whichever is greater. The
removal shall extend across the entire building pad, and
shall extend a minimum of 5 horizontal feet outside the
edges of foundations or equidistant to the depth of fill below
the foundation,whichever is greater.
• Corrective grading removals for the mixed use building
(retaillcommercial)will be needed to eliminate artificial fills
and place a minimum of 3 feet of engineered fill below the
bottom of the proposed foundations. The total amount of
excavation (i.e., design and corrective grading) will be
MM 4.9-3a approximately 10 to 12 feet below the existing ground Plan Check Prior to Issuance of Grading Engineering Department
surface in the area of the existing parking lot, and about 6 Permit
to 8 feet below the existing ground surface in the adjacent
areas. The removals shall extend across the entire building
pad, and shall extend a minimum o f5 horizontal feet
outside the edges of foundations or equidistant to the depth
of fill below the foundation, whichever is greater. Special
excavation provisions may be necessary adjacent to
existing streets.
• Corrective grading for retaining walls shall extend six feet
below the existing ground surface, or 3 feet below the
bottom of proposed foundations,whichever is greater. The
removal shall extend across the entire foundation,and shall
extend a minimum of 3 horizontal feet outside the edges of
foundations or equidistant to the depth of fill below the
foundation,whichever is greater.
• Corrective grading for miscellaneous foundations (i.e.,
swimming pool, pilaster, screen walls, patio covers, etc.)
shall extend 3 feet below the existing ground surface, or 2
feet below the bottom of proposed bottom or foundations,
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whichever is greater. The removals shall extend across the
entire bottom or foundation,and shall extend a minimum of
2 horizontal feet outside the edges of bottoms or
foundations or equidistant to the depth of fill below the
foundation,whichever is greater.
• Corrective grading for pavement, hardscape, and
landscape areas shall extend at least 3 feet below the
existing rade.
Grading activities shall be continuously monitored by a project
geotechnical consultant. Such observations are essential to Project Geotechnical
MM 4.9-3b identify field conditions that differ from those identified during the Field Monitoring During Grading Consultant
subsurface investigation and adjust designs to actual field Engineering Department
conditions encountered.
Geotechnical observation and laboratory testing shall be
performed upon completion of rough grading confirm the Field Monitoring
MM 4,9-4 expansion characteristics of typical on-site soils beneath Laboratory Testing Completion of Rough Grading Engineering Department
foundations.
All building foundations shall be designed for total settlement on Prior to Issuance of Building
MM 4.9-5 the order of 1.0 inch and differential settlements on the order of Plan Check permit Engineering Department
0.5 inch over 40 feet.
Police Protection
Prior to the issuance of a building permit, the project applicant
shall submit the site plan for review and approval by the Orange
County Sheriff's Department/Police Services Department to Prior to Issuance of Building Orange County Sheriff
SG 4.10,1-1 ensure that it is designed in accordance with all applicable Plan Check Permit Department
requirements of the Police Service Department, including but not
limited to parking,security,lighting,and access.
Prior to issuance of a grading permit, the project applicant shall
prepare and submit a Construction Security Plan to the
OCSD/Police Services Department for review and approval. The Prior to issuance of Grading Orange County Sheriff
MM 4.10,1-1 Construction Security Plan shall identify the provision of fencing, Plan Check Permit Department
lighting and/or other measures(e.g.,security patrols,etc.)that will
be incorporated to minimize demands on law enforcement
services.
The contractor shall notify the OCSD/Police Services
Department in advance of any lane andlor roadway closures Prior to Issuance of Grading Orange County Sheriff
MM 4.14.1-2 necessitated by construction activities. Written notification to Plan Check Permit Department
the OCSDlPolice Services Department shall identify the
roadway locationise ment and the duration of the closure.
Fire Protection
Prior to the issuance of any grading or building permits, the
project plans shall be subject to review and approval by the Prior to issuance of Grading Orange County Fire
SC 4.10.2-1 Orange County Fire Authority for comptsance with all applicable Plan Check Permit Authority
OCFA standard conditions, including those for access, water
supA and pressure, built-in fire protection systems, road grades
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and width,building materials,etc.
Prior to the issuance of a grading permit,the developer shall have
completed implementation of that portion of the approved fuel
modification plan determined to be necessary by the OCFA Prior to Issuance of Grading Orange County Fire
SC 4.10.2 2 before the introduction of any combustible materials into the Plan Check Permit Authority
project area. Approval shall be subject to an on-site inspection by
OCFA.
Prior to the issuance of any building permits, the applicant shall
obtain approval of the Fire Chief for all fire protection access
roads to within 150 feet of all portions of the exterior of every
structure on site. The plans shall include plan and sectional views Prior to Issuance of Grading Orange County Fire
SC 4.10.2-3 and indicate the grade and width of the access road measured Plan Check Permit Authority
flow-line to flow-line. When a dead-end street exceeds 150 feet
or when otherwise required, a clearly marked fire apparatus
access turnaround most be provided and approved by the Fire
Chief.
Prior to the issuance of a building permit for combustible
construction, the builder shall submit a letter on company
letterhead stating that water for fire-fighting purposes and all- Prior to Issuance of Grading Orange County Fire
SC 4.10.2-4 weather fire protection access roads shall be in place and Plan Check permit Authority
operational before any combustible material is placed on site.
Building permits will not be issued without OCFA approval
obtained as a result of an on-site inspection.
Prior to the issuance of any building permits, the applicant shall Prior to issuance of Building Orange County Fire
SC 4.10.2-5 submit a fire hydrant location plan to the Fire Chief for review and Letter of Confirmation permit Authority
approval.
Prior to the issuance of any certificate of occupancy, all fire
SC 4.10.2-6 hydrants shall have a blue reflective pavement marker indicating Field Monitoring Prior to Issuance of Certificate Orange County Fire
the hydrant location on the street as approved by the Fire Chief, of Occupancy Authority
and must be maintained in good condition by the property owner.
Prior to the issuance of any building permits, the applicant shall
submit plans and obtain approval from the Fire Chief for fire lanes
on required fire access roads less than 36 feet in width- The Prior to Issuance of Building Orange County Fire
SC 4.90.2-7 plans shall indicate the locations of red curbs and signage and Pian Check Permit Authority
include a detail of the proposed signage, including eight, stroke
and colors of the lettering and As contrasting back round.
Prior to the issuance of any certificate of occupancy,the fire lanes
shall be installed in accordance with the approved fire master Prior to issuance of Certificate Orange County Fire
SC 4.10.2-8 plan. The CC&Rs or other approved documents shall contain a Field Monitoring of Occupancy Authority
fire lane map, provisions prohibiting parking in the fire lanes, and
a method of enforcement.
Prior to the issuance of any building permits. if applicable, the
5C 4.10.2-8 applicant shall obtain the approval from the Fire Chief for the Plan Check Prior to issuance of Building Orange County Fire
construction of any gate across required fire department access Permit Authority
roads.
Prior to the issuance of any building permits, the applicant shall Prior to Issuance of Building Orange County Fire
SC 4.10.2-10 provide evidence of adequate fore flow. The"Orange County Fire Field Testing Permit Authority
Authority Water Availabjlqy for Fire Protection" form shall be
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Plaza Banderas Hotel Project
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signed by the applicable water district and submitted to the Fire —
Chief for approval_ If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing
system may be required in each structure affected.
Prior to the issuance of a building permit. a note shall be placed
on the fire master plan stating that all structures exceeding 5,500
square feet (per amendment) and all structures exceeding fire Prior to issuance of Building Orange County Fire
SG 4'10'2-11 department access requirements shall be protected by an Pian Check Permit Authority
automatic fire sprinkler system in a manner meeting the approval
of the Fire Chief.
Prior to the issuance of a building permit, the applicant shall
submit plans for any required automatic fire sprinkler system in Prior to Issuance of Building Orange County Fire
SC 4.10.2-12 any structure to the Fire Chief for review and approval. Prior to Plan Check Permit Authority
the issuance of a certificate of occupancy, this system shall be
operations in a manner meeting theapproval of the Fire Chief.
As required by the California Fire Code (CFC), applicable Prior to Issuance of Building Orange County Fire
SC 4.1 C1.2-13 structures shall have automatic fire sprinklersystems. Plan Check Permit Authority
A supervised fire alarm system that complies with the Prior to issuance of Building Orange County Fire
SC 4.10.2-14 requirements of the California Fre Code shall be included in the Plan Check Permit Authority
project design in an accessible location with an annunciator.
Access to and around structures shall meet OCFA and California Prior to Issuance of Building Orange County Fire
SC 4.14.2-15 Fire Code requirements. Plan Check Permit Authority
Prior to approval of any final parcel map for the project, the
developer shalt enter into a Secured Fire Protection Agreement
with the OCFA, which shall specify the developer's pro rata fair
i share funding of capital improvements necessary to establish Prior to Approval of Final Orange County Fre
MM 4'90.2-1 adequate fire protection facilities and equipment, and/or Fire Protection Agreement Parcel Map Authority
personnel. Said agreement shall be reached as early as possible
in the planning process, preferably for each phase or land use
sector of the project,rather than on a parcel-by-parcei basis.
All electrically operated gates necessary for emergency/fire
access within the proposed project shall install emergency Prior to Issuance of Certificate Orange County Fire
MM 4.14,2 2a opening devices as approved by the Orange County Fire Plan Check of Occupancy Authority
Authority.
A water supply system to supply fire hydrants and automatic fire
spr nk€er systems shall be incorporated into the project design as Prior to Issuance Building Orange County Fire
MM 4.10.2-Zb required by the San Juan Capistrano Utilities Department. Fire Plan Check Permit Authority
hydrant s acing is 300 feet between fire hydrants.
Turing radius and access in and around the project site and Prior to Issuance of Building Orange County Fire
MM 4.10.2-2c structures shall be designed to accommodate all OCFA Plan Check Permit Authority
fire/emergency vehicles and their weight.
School Facilities
Prior to building permit issuance, the applicant shall pay the
applicable statutory developer fees in effect at the time of the Prior to Issuance of Certificate
SC 4 10.3-1 buildingPayment of School Fees Planning Department
permit. The current developer fees$7.10/square foot for of Occupancy
residential development ($3.5518quare foot if the State has
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Plaza Banderas Hotel Project
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Method of Tinning of
SCIMM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
adequate school construction funds) and $0.471square foot far
commercial/office uses.
The site plan shall be designed to incorporate defensive space
measures to minimize the potential security and safety risk at the
adjacent elementary school. The features that may be
considered include,but are not limited to the following:
• Incorporate a physical barrier between the hotel site and
Spring Street, which would assist in the prevention of
hotel guests wandering onto school property, causing
concerns for teachers and parents_
• Provide well lighted parking lots, including video
surveillance in the lobby,walkways,and parking area. Prior to issuance of Grading Planning Department
MM 4.10.3-2 Plan Check Permit Orange County Sheriff
Ensure that perimeters are well-lighted,which will assist in Department
the prevention of crime.
Impose conditions on bar hours, advance City-required
band and activity permits, and establishing event
population limits at the hotel and restaurant.
• Minimize the amount of perimeter landscaping that would
provide a hiding place or cover for individuals.
• Design the northern fagade of the hotel to minimize direct
views from rooms to the school campus.
Sewer Facilities
Prior to issuance of the grading permit,the applicant shall prepare
a sewer plan and submit the plan to the City's Public Works
Department for review and approval. The design and Prior to issuance of Grading
SC 4.19.1-1 construction of sanitary sewers shall be in accordance with the Plan Check Permit Engineering Department
Standard Specifications, as last revised, and prescribed by the
City of San Juan Capistrano.
Sewer laterals serving the proposed project shall be either four(4) Prior to Issuance of Grading
SC 4.19.1-2 inches or six(6)inches in internal diameter and shall be designed Plan Check permit Engineering Department
in accordance with the Uniform Plumbing Code,as last revised.
Water Facilities
Prior to issuance of the grading permit,the applicant shall prepare
a water supply plan for the proposed project (including water
Supply during construction)in accordance with City standards and Prior to Issuance of Grading
SC 4.11.2-1 submit the plan to the City for review and approval. The water Pian Check Permit Utilities Department
supply plan shall connect to existing facilities in the 350 water
pressure zone and meet all other requirements prescribed by the
City related to main size,pressure,etc. _
SC 4.11.2-2 1 The proposed project shall comply with Title 24 and shall Plan Check Prior to Issuance of Buifdin Utilities Department
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Plaza Banderas Hotel Project
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Method Timing g of
SCIMM:No. Mitigation Measure/Standard.Condition Verification• implementation Responsibility
incorporate all applicable water conservation measures(e.g.,low- Permit
flow toilets and urinals, etc.) into the proposed project to reduce
the project's demand for domestic water to the maximum extent
practicable.
Prior to the approval of the final map for the project,the applicant
shall submit a public improvement plan that includes provisions
for extending recycled water service to the project site to meet all
landscape irrigation needs as well as those required for the toilets
MM 4.11.2-1 a and urinals for the proposed project. The design and construction Plan Check Prior to Issuance of Final Map Utilities Department
of on-site recycled water service shall meet all applicable State
Recycled Water rules and regulations,California Plumbing Code
2009, and City of San Juan Capistrano requirementsfstandards.
The applicant shall connect to the public recycled water service
system at such time as it is available at the project boundaries.
Project implementation will necessitate the construction of a 12-
inch high pressure line connected to the 350C zone starting at the
1-5 Freeway and EI Horno; traveling to the project site then Prior to Issuance of Building
MM 4.11.201b returning across the freeway to a point at the intersection of Plan Check Department Utilities Department
Ortega Highway at Avenida Los Cerritos. Construction plans
shall be submitted to the City for Review and approval,
Solid Waste Facilities
The project applicant shall comply with the provisions of the Tri-
SC 4.11.3-1 Cities (San Juan Capistrano, Dana Point and San Clemente) Plan Check prior to Issuance of Certificate Planning Department
Source Reduction and Recycling Element(SRRE)adopted by the of Occupancy
City of San Juan Capistrano to reduce solid waste by 50percent
Aesthetics
The proposed project shall be subject to review and approval by
the Design Review Committee(DRC)and Planning Commission,
who shall determine compliance with the goals, policies and Prior to Issuance of Grading Design Review Committee
SC 4.12-1 standards of the San Juan Capistrano Architectural Design Plan Check Permit Planning Commission
Guidelines and the project's draft Comprehensive Development
Plan that promote "high-duality" urban design and aesthetic
resource preservation through the City`s desi n review process.
All street, signage, landscape, and parking lot lighting sources
shall be shielded and oriented,or provided with baffled luminaires Prior to Issuance of Building
SC 4.12-2 so as to prevent lighting overspill into adjacent or nearby Plan Check Permit Planning Department
properties in compliance with the Title 9,Land Use Code,Section
9-3.529,Lighting.Standards.
Prior to issuance of a certificate of occupancy for any
building/structure,the project developer shall submit, lighting &
photometric plan(s) for all exterior lighting, which shall be
subject to City review and approval to assure that compliance Prior to issuance of CertificateSC 4.12-3 with the City's lighting standards per Section 9.3-529 for Plan Check of Occupancy planning Department
permitted illumination within the parking areas and walkways
as well as demonstrate that illumination does not create off-site
light and glare,to the satisfaction of the Development Services
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
Page 16
Method of Timing of
SCfMM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
Director or their designee, or who may re€er such plans to the
Design Review Committee DRC for review determination.
Site lighting shall not result in excessive illumination based on Prior to Issuance of Building
SC 4.12-4 the luminance: recommendations of the Illuminating Plan Check Planning Department
Engineering Society(IES)of North America. Permit
Prior to issuance of a grading permit, the appiicanticontractor
shall prepare a Construction Staging Plan that identifies the
location(s) of staging areas, including equipment and vehicle
storage areas, stockpile areas, etc. These areas shall be
located as far away from the existing view corridors as
practical. in addition, the Construction Staging Plan shall also Prior to issuance of Grading
[VIM 4.12-1 identify the manner in which the staging and equipment Plan Check Permit Planning Department
storage would be screened (e.g., temporary fencing,
landscaping, berms, or a combination of these and other
methods)subject to the approval of the Public Works Director,
to ensure that the temporary visual impacts would be
minimized within the viewshed.
Mitigation Monitoring and Reporting Program
Plaza Banderas Hotel Project
Page 17
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Exhibit "A"
General Plan Amendment (GPA) 10-001
Plaza Banderas Hotel
Amending the land use designation of the project area from
General Commercial (GC} 3.1 to Planned Community (PC).
Exhibit
CC RESOLUTION # 10-10-05-05
CONDITIONS OF APPROVAL
PROJECT LOG #: General Plan Amendment (GPA) 10-001, Rezone (RZ) 10-001,
Architectural Control (AC) 10-002, Grading Plan Modification (GPM) 10-
001, Tree Removal Permit (TRP) 10-003, Floodplain Land Use Permit
(FP) 10-001, Tentative Parcel Map (TPM 10-001).
PROJECT NAME: Plaza Banderas Hotel
APPROVAL DATE: October 5, 2010
EFFECTIVE DATE: October 5, 2010
These conditions of approval apply to the above-referenced project application,described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1. The subject project proposes a mixed-use development that encompasses a 74,973
square foot, 124-roam hotel, approximately 14,500 square feet of commercial land
uses, including 6,509 square feet of retail commercial floor area, a 5,747 square foot
restaurant, and a 1,971 square foot private office on an existing 3.18 acre property
located at 26871 & 26891 Ortega Highway and generally located at the northeast
corner of Ortega Highway and El Camino Real (APN124 -170 -12,14,15,16)
(Applicant: Stroscher G3, Gretchen Stroscher Thomson). This project approval is
based on and subject to the application materials prepared by Doug Lee, Lee &
Sakahara Architects and Land Concern dated and revised to June 16, 2010 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 Development Services Director
pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code.
2. Approval of this application sloes not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. 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.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Planning
Commission, Design Review Committee, or Development Services Director. The City
Exhibit E
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001Plaza Banderas Hotel Page 2 of 21
shall promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City
reserves the right, at its own option, to choose its own attorney to represent the City,
its officers, employees, and agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. Approval of this project shall become effective on the date that the Ordinance
adopting Rezone#10-001; Plaza Banderas Hotel Comprehensive Development Plan;
Plaza Banderas Hotel Development Agreement becomes effective (i.e. City Council
first reading introduction, second reading adoption, and 30 days after adoption).
7. This approval is contingent upon the concurrent approval of Tentative Tract Parcel
(TPM) Map #10-001; and shall become null and void upon the expiration of said
concurrent approval.
8. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and the
plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
_ 9. The use shall meet the standards and shall be developed within the limits established
by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes,
fumes, or any public nuisances arising or occurring incidental to the establishment or
operation.
10. The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
11. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Grange for processing
environmental documents.
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building Division prior to issuance of any permits, final inspections,
utility releases and/or release of securities, as specified in these conditions, (DS-BD)
13. In conjunction with these conditions of approval, the project shall adhere to and
comply with all Mitigation Measures (MM's) that are listed in the Environmental
Impact Report (EIR) for Plaza Banderas Hotel mixed use Project in accordance with
the Mitigation, Monitoring and Reporting Program.
The following conditions of approval shall be meet prior to issuance of grading permits for
the project.
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001 Plaza Banderas Hotel Page 3 of 21
14. Pay Pees 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 fee schedule, as last revised, and post securities to
ensure satisfactory performance of proposed on-site and off-site grading, drainage,
landscape and irrigation, erosion and sediment control, sewer, domestic water,
recycled water, street, and all appurtenant improvements. (PW-ENG)
_ 15. 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, domestic water, recycled water,
sewer, recreational trails, landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW-ENG)
16. Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated improvement
cost as prepared by a Registered Civil Engineer and approved by the City Engineer
and City Attorney for each applicable, but not limited to, street improvements, signing,
signalization, striping and street lights, storm drains, domestic water, recycled water,
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)
17. 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 Development Services Department for review and obtain approvals by
applicable departments. Conceptual grading plans.small be subject to review by the
Design Review Committee. Precise grading shall be consistent with the approved
conceptual grading plan and site plan. These plans shall show, at minimum, the limits
of grading, the drainage, any applicable retention/detention basins, sewer, domestic
water, recycled 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/DS)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DS)
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. (DS)
C. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
CC Resolution#10-10--05-05 Final Conditions of Approval
GPA 10-001 Plaza Banderas Hotel Page 4 of 21
proposed during grading operations. (DS)
d. Location, height, materials and colors of any retaining walls. (DS)
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 domestic and recycled water
appurtenances. All equipment shall be screened from public view.
Screening shall be compatible with main structures and include
landscaping where appropriate. (DS)
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 Eire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (PW-ENG/DS)
g. Show on the grading plans the approved WQMP site map with all
treatment control BMPs. Also, show construction notes for,all treatment
control BMPs. (UTIVENV)
18. 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. 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 downstream 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)
19. Storm Runoff, Hydra uliclhydrologV 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)
20. 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)
21, 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
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001 Plaza Banderas Hotel Pa e 5 of 21
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. Since project area is over 1 acre, applicant must file a Notice of Intent
(NOI) with the State, and develop a SWPPP, and meet all other General Construction
Permit requirements. Applicant must provide a copy of the NOI prior to obtaining a
grading permit.(PW-ENG-UD)
22. Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement
permits, for importation/exportation of soil in excess of fifty cubic yards in and out of
the project site, the applicant shall submit to the City Engineer'for review and obtain
approval for, a Haul Route Plan specific to the project and in compliance with all
applicable City standards. The Haul Route Plan shall specify dates, times, and
headways for hauling activities. Prior to commencement of haul activities, the
applicant shall obtain a Haul Route Permit and pay required fees to the Public Works
Department. (PW-ENG)
23. Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for Traffic
Control Plans and final improvement plans for all traffic mitigation improvements,
including both on-site and off-site, as identified in the approved Traffic Study prepared
pursuant to City Council Policy 310. Any exception shall be subject to review and
approval by the City Engineer (PW-ENG)
_ 24. 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. Applicant must submit a Construction and
Demolition (C&D) recycling plan, obtain a permit and provide a deposit prior to start of
any demolition or construction. Upon completion of the project, applicant must submit
a C&D recycling report and a refund request within 60 days of the final C of O,
showing that 50% or more of the C&D material was diverted away from the landfill, in
order to receive the refund back.(PW-ENG)
25, Properties in Flood Hazard Areas per (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)
26. 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
appropriate State, Federal, and local agency having jurisdiction over any changes to
the channel. (PW-ENG)
27. Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-way
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-009 Plaza Banderas Hotel Page 6 of 21
improvement permits, the applicant shall provide to the Public Works 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)
28. 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)
29. '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 i0 feet in height or
more, are protected from underground water seepage by providing a positive
drainage barrier system in accordance with City Standard Drawing No. 300. Any
exception shall be subject to review and approval by the City Engineer. (PW-ENG)
30. Connection to City Drain must be Documented and Filed. Prior to issuance of grading
permit, any proposed connections to existing public storm drains system, from on-site
drains, must be approved by the City Engineer. All documentation and revisions to
exiting plans, where points of connections are permitted, shall be provided and
submitted by the applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (PW-ENG)
31. Water Quality Management Plan LWQMPJ Re uirements and Compliance. Prior to
issuance of grading and right-of-way improvement permits, the applicant shall submit
to the City's stormwater coordinator for review, and shall obtain approval for, a Water
Quality Management Plan (WQMP) specifically identifying structural and non-
structural Best Management Practices (BMP's) that will be used on-site to control
predictable pollutant runoff. The applicant shall obtain and follow the City of San Juan
Capistrano's WQMP outline and instructions. The applicant shall also comply with all
the requirements of the latest NPDES Permit, the City's Water Quality Ordinance &
Local Implementation Plan and the Clean Water Act. Prior to issuance of C of O,
applicant must record the Operations and Maintenance (O&M) portion of the WQMP
with the County recorder's office, and provide proof of recordation to the City. Prior to
issuance of the C of O, applicant's civil engineer must inspect the site and certify that
all BMPs identified and approved in the WQMP have been constructed per plans.
(PW-ENG)
32. NPDES Permit for Gradin in Excess of one 1 Acre. Prior to issuance of grading
and right-of-way improvement permits, for grading in excess of one (1) acre, the
applicant shall submit a Notice of Intent (NOI) To the California State Water Resource
Control Board for coverage under the State National Pollutant Discharge Elimination
System Program (NPDES) General Permit for storm water discharges associated
with development/construction activity in excess of one (1) acre of land. Evidence that
this requirement has been met.shall be submitted to the City Engineer. Applicant shall
place the area of site on the grading plans.(PW-ENG)
CC Resolution#90-10-05-05 Final Conditions of Approval
GPA 10-009 Plaza Banderas Hotel Page 7 of 21
33. BMP Control. Applicant shall show all treatment control BMPs on the site plan,
landscaping plans and grading plans. This is required so that the architect, civil
engineer, and landscape architect coordinate and are aware of the BMPs.
(UTIL/ENV)
_ 34. Public facilities located in easements. Prior to issuance of grading permits, all public
facilities such as drainage, sewer, domestic water, and recycled 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)
35. 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) ,
36. 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)
_ 37. Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to the City
Engineer when the pre-developed storm runoff onto any adjacent property is
increased, concentrated, diverted, or changed in any form as required by State law.
Any request to deviate from this requirement shall be subject to review and approval
by the City Engineer. (PW-ENG)
38. 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)
39. Resource_Agency_A2proval. Prior to issuance of a grading permit, the applicant shall
provide, to the satisfaction of the Development Services Director, written
documentation in approval from applicable resource agencies for grading
within delineated wetlands or other jurisdictional areas. (DS)
40. Archaeological Monitoring Plan_ Prior to issuance of a grading permit and/or any
ground-disturbing activity, the applicant shall submit a written monitoring plan to the
Development Services Director for review and approval. The monitoring plan shall
specify procedures for field observation; diverting and halting grading to protect finds;
notifying and consulting with concerned parties; significance evaluation of finds;
treatment of finds, including but not limited to the potential need for a research design
and data recovery program in the case of significant finds; and compliance with
Health and Safety Code Section 7050.5 and Public Resources Code Section
15064.5(f) and 5097.98 in the event human remains are encountered. (DS)
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-009 Plaza Banderas Hotel Page 8 of 21
41. Archaeological Monitoring. Prior to issuance of a grading permit, the applicant shall
submit to the Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified Archaeologists for
Orange County) has been retained, including a Native American observed sub-
consultant, to monitor site clearing, grading, and excavation activities, stating the
name, qualifications, and contact information for the archaeologist. (DS)
42. Paleontological Monitor. Prior to issuance of a grading permit, a qualified
paleontologist (defined as a paleontologist on the List of Certified Paleontologists for
Orange County) shall be retained by the project applicant and shall be present at pre-
construction meetings to advise construction contractors about the potential
occurrence of paleontological resources located on and/or in the vicinity of the project
site, as well as monitoring requirements. (DS)
43. Historic Depiction Program. Prior to issuance of a grading permit, the
applicant/developer shall submit a proposed Historic Depiction Program,(HDP) to the
Historic Preservation Manager for review and approval by the Cultural Heritage
Commission (CHC) pursuant to City Council Policy 606. The HDP shall be integrated
into the design of the project. The applicant shall have obtained CHC approval of the
HDP prior to issuance of a building permit. (DS)
_ 44. Revised Plans. Prior to issuance of a grading permit the applicant shall submit a
revised site plan to the Development Services Department for approval which
incorporates changes approved by the Planning Commission or City Council and that
reflects consistency with these conditions of approval and with the City's Design
Guidelines. Six (6) copies of the revised plans are required, except as otherwise
authorized by the Development Services Director. (DS)
45. 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).
46. 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 to OCFA and Public Works
Department-Water. (OCFA 1 PW-W)
47. 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)
48. Water System. Prior to the issuance of grading permit, the applicant shall submit a
plan for a looped domestic water system and a plan for recycled water system. The
loop is to run from a POC in the 3500 system at the intersection of El Horno and the
I-5 FWY running to the development and complete the loop with a connection to the
CC Resolution#90-90-05-05 Final Conditions of Approval
GPA 90-009 Plaza Banderas Hotel Page 9 of 29
350C system again at the intersection of Ortega Hwy and Avenida Los Cerritos. The
line shall be 12-inches in diameter. Since the developer cannot construct the
completion of this line in the as yet unconstructed new bridge across the 1-5 FWY and
Ortega Hwy; the developer is to post bond for sufficient funds for the completion of
this line by the City. Said condition to be addressed under the Development
Agreement. (PW-W)
49. Water Hydrants. Prior to the issuance of grading permit, the applicant shall submit a
plan that shows all water hydrants on the property and fire flow analysis, approved by
OCFA, to Public Works -Water. (PW-W)
50. Utility Plans. Prior to the issuance of grading permit, the applicant shall submit a plan
depicting all existing and proposed water, recycled water, landscape irrigation, sewer,
and storm drainage systems and associated existing and proposed easements. The
Utility Plans need to clearly distinguish between all existing and proposed public and
private water, recycled water, and landscape irrigation improvements. Also, the plans
must clearly identify any proposed public water facility relocations as required by the
City's standard water specifications. To conserve and best use water, the hotel toilets
are required to install low-flow toilets and waterless urinals. (PW-W)
51. Construction StagingPlan. Prior to the issuance of grading permit, the applicant shall
submit a Construction Staging Plan (CSP) that depicts where the construction yard,
trailer and equipment will be located. (UD)
52. Hydrology Analysis. Prior to the issuance of grading permit, the applicant shall submit
a Hydrology Analysis to the Public Works Director for review and approval. (PW-ENG)
The following conditions shall be completed prior to Final Map Approval:
53, Compliance. Prior to final map approval, the Map shall be developed in full
compliance with the State of California Subdivision Map Act and the City of San Juan
Capistrano Municipal Code as last revised except as authorized by the City Council
and/or Planning Commission. (PW-ENG)
54. Pay Fees and Post Sureties. Prior to final map approval, the applicant shall fulfill all
applicable engineering fee requirements in accordance with the City Municipal Code
and post securities to insure satisfaction performance of Survey Monumentation,
Landscaping & irrigation, sewer, water, street and all appurtenant improvements.
(PW-ENG)
55. Tentative Map Compliance and Closure Calculations. Prior to final map approval, the
applicant shall submit to the City Engineer for review and obtain approval for 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-ENG)
56. CC&R's & Property Owners Association POA Maintained Improvements. Prior to
final map approval, the City Engineer shall determine if the applicant will be required
to submit for review and obtain approval of the City's Development Services Director
and City Attorney for, Covenants, Conditions and Restrictions (CC&R's) and/or
property owner's Agreements which shall indicate the common access drive, parking
CC Resolution#10-10-00-00 Final Conditions of Approval
GPA 10-001 Plaza Banderas Hotel Pae 10 of 21
lots and all areas and facilities to be maintained by the Property owners Association.
(DS - PW)
57. Street Access Release. Prior to final map approval, the applicant shall indicate and
show on the Final Parcel Map the following release: "Subdivider hereby releases and
relinquishes to the City of San Juan Capistrano, all vehicular access rights to Ortega
HWY, El Camino Real and Spring Street at the proposed access driveways and
street intersection(s). (PW-ENG)
58. Submission of Digital Mao per County Requirement. Prior to recordation of the Final
Parcel Map, the applicant shall submit for review and obtain approval of the Orange
County surveyor for, a digital Tract/Parcel Map pursuant to Orange County Ordinance
3809 of January 28, 3993. The applicant 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 a .PXF format. All Digital Submissions shall conform to the latest edition
of the City of San Juan Capistrano Digital Submission Standards. (PW-ENG)
The following conditions shall be completed prior to or in conjunction with the issuance
of building permits;
59. Design Review Committee DRC and Planning Commission Review and Approval of
Preliminary Design Plans. Prior to the preparation of construction plans and
specifications, the applicant/developer shall submit the project conceptual design
plans including site plans, building elevations, architectural plans, landscape plans,
lighting plans (including all light fixtures), color & materials board, wall sections, and
door/window schedules to the Development Services Department for review and
recommendation by the Design Review Committee (DRC) and for review and final
action by the Planning Commission, The Design Review Committee and Planning
Commission shall assure that the conceptual design plans are consistent with the
Planning Commission-approved concept-level plans and the City's Architectural
Design Guidelines.
The scope of the Design Review Committee's review and the Planning Commission's
review of the conceptual design plans shall include but not limited to the following:
• Provide a historic San Juan Capistrano design character and avoid contemporary
commercial elements in the two commercial buildings
o Employ simpler, less complex wall planes
o Pedestrian scale, especially in the plaza; courtyard, and semi-public open spaces
o Address the scale of the tower element
o Each building should be true to its architectural style to the greatest extent
possible
o Revue the original Spanish Colonial Revival style as necessary to provide
a historic San Juan Capistrano design character and avoid contemporary
commercial elements in the two commercial buildings and hotel.
• Hotel architecture:
o Avoid corner cut-outs and soften building size at the gable ends;
o Employ darker colors, address balcony details, window placements and use of
stone or Other non-plaster wall textures
® Landscaping to achieve:
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GPA 10-001 Plaza Banderas Hotel Pae 11 of 21
o A substantia[ screen at the periphery of the site to soften views from the freeway
and Ortega Highway between the hotel entrance and Del Obispo Street and
buffer the hotel from San Juan Elementary School
o A careful integration into the hardscape and architecture facing onto the plaza to
create an appropriate interface with the Mission and the downtown area to the
South.
Address other details consistent with the above, provided that massing and
footprints of the buildings to remain as approved by the City Council.
Update the Comprehensive Development Plan (CDP) design guidelines
consistent with the revised design plan to be approved by the DRC and PC.
(DS)
60. Design Review Committee DRC Review & Approval of Final Construction Plans.
Prior to the submission of the construction plans and specifications to the
Development Services Department for Zoning Compliance review, the
applicant/developer shall submit said plans to the Development Services Department
for review and approval by the Design Review Committee which shall have authority
to determine consistency with the Planning Commission City-approved conceptual
design plans established pursuant to the preceding condition. The Design review
Committee may refer the final construction plans to the Planning Commission for final
determination. (DS)
61, Performance Surety. Prior to the issuance of any building permit, the
T
applicant/developer shall submit a cash bond or letter of credit in the amount of
$60,000 or one-half of one percent (0.5%) of the total construction cost/value,
whichever is less, as surety to guarantee that the project is constructed in full
compliance with the Design Review Committee (DRC)-approved final construction
plans and specifications. The City shall not release the surety until such time that the
Development Services Department project manager has conducted the final
inspection and determined that the project has been developed and constructed in full
compliance with said plans. (DS)
62. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building Division for review and approval, and shall comply with the
latest City-adopted edition of the California Building Code (CBC) and other applicable
building codes. (DS-BD)
63. BuildingConstruction Plans. Prior to issuance of building permits, the applicant shall
submit final construction plans, building elevations and floor plans to the Building
Division for review and approval by all applicable departments. Such plans shall be
fully dimensioned and in substantial conformance with those pians approved by the
Planning Commission, Design Review Committee, and/or Development Services
Director (as applicable). Plans shall address the following: (DS-BD)
a. The final conditions of approval shall be incorporated into the construction plans
and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof-mounted and building-mounted
equipment shall be demonstrated on the elevations, including but not limited to
kitchen exhaust vents, air conditioning and heating units, utility boxes, and
domestic and recycled water appurtenances. All equipment shall be screened
from public view and designed to be an integral component of the building
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GPA 10-001 Plaza Banderas Hotel Pae 12 of 21
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.
64. Street Improvement_Pians. 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, domestic water, recycled water and all related
appurtenances. In addition, the Street Improvement Plans shall show the following
required improvements for this project: (PW-ENG)
a. Sidewalks shall be provided along the street frontage along Ortega Highway and
EI Camino Real as proposed on the project site plan. Sidewalks shall be a
minimum width of seven (7) feet, and shall meet all requirements for disabled
access. Any deviation from City sidewalk requirements shall be reviewed and
approved by the City Engineer.
b. Street lights shall be provided per City standards (Mission bell fixtures on
marbelite poles.
65. Caltrans Permits. Prior to issuance of building permits, any proposed improvement or
work within the State right-of-way shall conform to Caltrans standards and
specifications and shall require an encroachment permit from Caltrans. (PW-ENG)
66. Traffic Control & Improvement Plans. Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval for Traffic
Improvement Plans prepared by a Registered Traffic Engineer. These plans shall
show all striping, signage, signalization, and related appurtenances. (PW-ENG)
67. 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-ENG)
68. Sewer, domestic water, and recycled Water Plans. Prior to the issuance of right-of-
__W_ way improvements permits, the applicant shall submit to the City Engineer - the
Public Works Director for review, and shall obtain approval for, sewer, domestic
water, and recycled water plans prepared by a Registered Civil Engineer. These
plans shall be specific to the project and shall reflect consistency with the City's
Sewer and Water Master Plans, City municipal codes, standards, specifications, and
City water standard specifications. The sewer plans shall indicate that all proposed
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GPA 10-001 Plaza Banderas Hotel Pae 13 of 21
sewer manholes shall be lined with polyurethane, or equal approved material, at the
applicant's cost to the satisfaction of the City Engineer (ENG/PW).
69. 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)
70. On-Site Utility_Plans_ Prior to issuance of building permits and approval of on-site
utility plans, the applicant shall obtain approval of said plans by the City Engineer,
and shall obtain approval for a Site Plan prepared by a Registered Civil Engineer
showing the sewer, domestic water, and recycled water service lines and their
corresponding points of connection with the City public main lines. (PW-1 NG)
71, Trash Enclosure. 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)
72. D Ury tilities. 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. (PW-ENG)
73. Water System Improvements. Prior to the issuance of any building permits, the
applicant shall complete the construction of all domestic water system improvements,
recycled water system improvements, and irrigation improvements required to serve
the subject project in compliance with the Municipal Codes, standards, specifications,
the City's water standard specifications, the Rules and Regulations for Users of Non-
domestic Water, and California Health Laws Related to Recycled Water (The Purple
Book). (PW-W)
74. 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 landscape irrigation. This water service
connection shall be to a City maintained water main pipeline as specified by Public
Works Department-Water. These connections shall be subject to the submission,
review, and approval of civil improvement plans and the landscape irrigation and
plumbing plans. The facilities shall be designed in accordance with the City of San
Juan Capistrano's Water Standards and Specifications, Rules and Regulations for
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GPA 10-001 Plaza Banderas Hotel Pae 14 of 21
Users of Non-Domestic Water, California Health Laws Related to Recycled Water
(The Purple Book), latest edition of California Plumbing Code, and the Municipal
Code § 9-3.617 (Water Conservation Landscape). The design shall include
improvements that are identified for use of recycled water and shall be connected to
recycled water facilities when they become available. (PW-W)
75. _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 recycled Water Development Charges in
accordance with the Water fees Schedule of Rates and Charges, as last revised, and
shall post the required securities to insure satisfactory performance of proposed
public water improvements in compliance with City water standard specifications.
(PW-W)
_ 76. Hydraulic Analysis. Prior to submittal of water improvement plans, the applicant shall
submit a hydraulic analysis of the water system to Public Works Water, Eric Bauman,
Water Engineering Manager that demonstrates the existing and proposed water
system improvements will meet the required fire-flow requirements. Upgrade the
onsite water system to 12 inches. (PW-W)
77. Grease Interceptor (GD. In Conjunction with building permit submittal, a Grease
Interceptor (GI) and an internal oil retention unit will be required for proposed
restaurant. Applicant should review the City's Ordinance No. 956: Use of Sanitary
Sewer facilities by Food Service Establishments (FOG). A Wastewater Discharge
Permit shall be required. Please meet coordinate with Maryam Ramsey (949) 443-
6366. (UD)
78. Sewer Improvement Plans — SOCWA. In Conjunction with building permit submittal,
Developer's engineer is required to submit sewer improvement plans to SOCWA for
review in conjunction with submittal to the City for review and approval. A Non-
Industrial Wastewater Discharge (NIWD iUs) Permit from SOCWA is required. (UD)
79. Covenant In-lieu of Dedication of Water Rights. 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 referred to as
"Well Development"), nor shall it allow any other party to conduct Well Development,
for the term of the applicant's lease or use of the land. The Public Works 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 Engineer prior to
recordation. The covenant must be recorded with the County Recorder prior to
issuance of building permits. (UDI PW-W)
80. 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 agency
and submitted to the Fire Chief for approval. (OCFA)
81. OCFA Review of Architectural BuildingPians_. 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
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GPA 10-001 Plaza Banderas Hotel Pae 15 of 21
Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
82. 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)
83. 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)
84. Fire Access Roads. Prior to the issuance of a building permits, the applicant shall
submit a Fire Master Pian 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)
_ 85. 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 Lazard
class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to
obtain a copy of the "Guidelines for Completing Chemical Classification Packets."
(OCFA)
The following conditions shall be met continuously during construction and/or prior to
issuance of any certificate of occupancy:
86. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW-ENG)
a. Erosion and sedimentation Control Plan, SWPPP
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DS)
f. Handling and disposal of Asbestos-Cement Pipe , appurtenances, and other
hazardous materials shall be in accordance with all applicable State and
Federal requirements
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GPA 10-009 Plaza Banderas Hotel Pae 16 of 21
87. 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.
(DS)
88. 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 Public Works
Director and shall be subject to supplemental Geotechnical Soils Report
and additional fees. (PW-ENG)
89. Grading to be continuous operation. All grading work shall be performed in either one
continuous operation or in phases that have been approved by the City. (PW-ENG;
DS)
_ 90. 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)
91. Hazardous Materials. Removal and Disposal of Asbestos-Cement Pipe (ACP) and
Hazardous Materials. Handling, hauling, and legal disposal of ACP and other
hazardous materials is responsibility of contractor and shall be in compliance with all
applicable State and Federal requirements. (PW-W)
_ 92. 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.(DS)
93. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit (TUP) for any
construction trailer and staging areas for equipment and materials. (DS)
94. Final Building Colors & Materials Beard.. Prior to issuance of any certificate of
occupancy, a color and materials board shall be submitted to the Development
Services Department for review and approval by the City's Design Review
Committee. (DS)
95. Sign Program. Prior to the issuance of any certificate of occupancy, the applicant
shall submit a sign program for the entire project to the Development Services
Department for review and approval by the Design Review Committee and the City's
Planning Commission. (DS)
96. Shade Analysis. Prior to issuance of any certificate of occupancy, a shade analysis
shall be submitted in conjunction with the landscape plan to the Development
Services Department for review and approval by the City's Design Review
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GPA 10-003 Plaza Sanderas Hotel Pae 17 of 21
Committee. (DS)
97. Final Landscape & Irrigation Plans. Prior to issuance of any certificate of occupancy,
final landscape plans shall be submitted to the Development Services Department for
review and approval by the City's Design Review Committee. Plans shall include all
project entries, parking areas, landscaped slopes, common open areas, etc. Final
landscape plans shall show the following information and requirements:
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 all trees to be preserved. All proposed
tree removals shall comply with the City's Tree Permit requirements.
C. Turf small only be permitted based on a determination by the City that no
other groundcover is suitable for the proposed site location and
application. Where turf is permitted by the City, 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
control.
e. Backflow devices and utility pedestals shall be located in visually
inconspicuous areas and/or visually 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, required historic depiction
program elements, etc.
i. Design details and locations of all solid waste enclosures which shall be
of decorative design and compatible with the main structures.
j. Trees shall be located so as to provide shade throughout parking lots
consistent with the Planning Commission-approved preliminary landscape
plans.
k. Landscape planters small have a minimum interior width (measured from
inside of curb to inside of curb) of five (5) feet. Where landscape "fingers„
abut parking spaces, they shall not extend within three (3) feet of the
aisle. 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 driver/passengers exit a vehicle into the planter.
1. Sidewalks adjacent to head-in spaces shall have a minimum width of
seven (7) feet unless the parking stalls are provided with wheelstops that
prevent vehicles from overhanging sidewalks.
M. All landscape areas adjacent to head-in spaces shall have a minimum
width of 4'-6" feet unless the parking stalls are provided with wheelstops
that prevent vehicles from overhanging sidewalks.
n. All landscape irrigation system shall be designed for recycled water
automatic irrigation system and shall be in compliance with the City
Landscape Ordinance (PW-W)
o. All landscaping shall be. provided with a permanent automatic irrigation
system designed for water conservation. (DS)
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98. Final Photometric Plans. Prior to issuance of issuance of any certificate of occupancy,
the applicant shall submit the final photometric plan for the project to the
Development Services Department for review and approval by the City's Design
Review Committee. Plans shall include the following information and meet the
following requirements: (DS)
a. Show the location of all light standards and fixtures, free-standing and
building-mounted, that illuminate the parking area and other areas
accessible to the public and the proposed illumination levels in foot-
candies (fc) extending ten (10)feet beyond the property line.
b. Maximum and average illumination levels shall comply with the Lighting
Standards of Title 9, Land Use Code.
C, Building-mounted fixtures shall be mounted below the roof eaves. Free-
standing (pole-mounted) luminaires shall not exceed a maximum height
of 18 feet.
d. Illumination shall be either metal halide or high-pressure sodium (HPS).
Mercury vapor and halogen lights are expressly prohibited.
e. Shielding shall be required so that light measured 5 feet outside the
property boundary shall not exceed 0.1 foot-candle. Exterior lighting
fixtures that would be visible from adjacent residential areas shall be
oriented so that the light source is not visible from those areas.
f. Exterior lighting shall be reduced to the extent feasible during hours that
the school is not in operation.
g. The design of all fixtures shall be consistent with existing City-approved
fixtures for the property. The City may refer any proposed fixture to the
Design Review Committee (DRC) for review and approval.
99. Historic Depiction-Program. Prior to issuance of a Certificate of Occupancy, the NDP
shall be installed and subject to inspection by the City for compliance with the Cultural
Heritage Commission-approved design. (DS)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
100.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)
101.Provide As-Built M lays/Di ital 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. Applicant shall provide all
digital data in AutoCAD, or other format approved by City, using NAD 83, Zone 6.
Data to be submitted shall include all utilities, dry and wet, building footprints and
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GPA 10-001 Plaza Banderas hotel Pae 19 of 21
treatment control BMPs(PW-ENG)
102.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)
103.Record Drawings. Prior to the acceptance of domestic water, recycled 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 lajest edition of
the "City of San Juan Capistrano Digital Submission Standards." (PW-ENG)
_ 104.Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer, for
review and obtain approval for, a video tape, filmed in the presence of a City Staff
representative/inspector, of all sewer and drainage improvements. The video shall
become the property of the City. Any exception shall be subject to review and
approval by the City Engineer. (PW-ENG)
105.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)
106.Curb and Gutter Repair. Prior to acceptance of improvements and release of
T 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)
107.Solid Waste Reduction/Recyclinq Management Program. Prior to approval of final
inspection of each phase, the project applicant shall coordinate with City staff and
develop and implement a Solid Waste Reduction/Recycling Management Program for
the project site. Features of the program shall include, but not be limited to: 1)
distribution of separate receptacles for recyclables and trash throughout the project
site; 2) separate dumpsters for recyclables and trash; 3) signs posted near all
receptacles conveying information regarding recyclable materials; 4) sorting of trash
collected throughout the project site by facilities staff prior to dispensing in dumpsters;
and, 5) restrictions on product type that will be offered at concessions or vending
throughout the project site. (PW-ENG/DS)
108.Orte a Highway Entrance-In rens-E rens Control. Project access at the site
entrance shall be limited to right-in, right-out, and left-in only and left-out shall be
prohibited unless the applicant can demonstrate to the City Engineer or his designee
that such movement can be made safely. The City Engineer shall specify the
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GPA 10-009 Plaza Banderas Hotel Pa e 20 of 29
necessary signage, pavement markings, and raised medians to provide the
necessary access control which shall comply with State standards. (PW-ENG)
1 09.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
domestic and recycled water facilities and pertinent easements. (PW-W)
110.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 Development Services
Department. (DS)
F
11 1.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. (DS)
112.Final Cultural Resource Reports. Prior to final inspection by the Development
Services 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.
(DS)'
113.Final Community Development Inspection. Prior to application for a final occupancy
permit, the applicant shall schedule a final inspection by the Development Services
Department, and shall pay any outstanding balance in the Developer Deposit Account
assigned to this application. Development Services Department shall not conduct a
final inspection until any outstanding balance has been paid in full. (DS)
114.Fire Extinguishers. Prio r 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)
115.Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking —
Fire Lane" as approved by the Fire Department. (OCFA)
116.Gates. Entrance and exit gates shall be equipped with an entry system approved by
the Fire Department. Gate widths shall be not less than twenty (20) feet. Entrance
CC Resolution#10-10-05-05 Final Conditions of Approval
GPA 10-001 Plaza Banderas Notal Page 21 of 21
gates shall be operated by a punch pad capable of accepting a separate Fire
Department code, and an "opticom" compatible gate operation system. The gate
operation shall provide for periods of power outage. (OCFA)
117.Utility Underg_r_oundinq. 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. Said condition to be addressed under the Development Agreement.
(PW-ENG)
118.Reci rocal Parkinq and Access Agreement. Provide written documentation to the
City Engineer showing that a reciprocal parking and access agreement has been
formed to allow joint use of common parking areas and drive aisles.(PW-ENG)
The following ongoing conditions shall be complied with at all times after completion of
the project.
119.Business License. The applicant, tenants, or successors in interest shall comply with
the City's business license requirements. (DS)
120.Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DS)
121.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. (DS)
122.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. (DS)
Responsible Departments/Agencies: DS: Development Services Department
DS-BD: Development Services - Building Division
PW-ENG: Public Works-Engineering Division
PW-W Public Works-Water Engineering
UD: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Applicant Signature Date
Gretchen Stroscher Thomson (print)