Resolution Number 10-11-02-05RESOLUTION NO. 10-11-02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 07-
14 AND GRADING PLAN MODIFICATION (GPM) 07-01 FOR A MIXED-USE
PLANNED COMMUNITY LOCATED ALONG THE NORTH AND SOUTH SIDES OF
LA NOVIA AVENUE EAST OF VALLE ROAD (ASSESSORS PARCEL NUMBER(S):
666-312-01 & 02; 666-292-01, 02 & 06)(DISTRITO LA NOVIA-SAN JUAN
MEADOWS)
Whereas, Advanced Real Estate Services (ARES) has requested approval of
Architectural Control (AC) development plans for a mixed-use development on the 18.7 acre Distrito
La Novia property including 75,100 gross square feet (68,200 net square feet) of commercial -retail
use, 32,000 gross square feet (27,500 net square feet) of office use. The Meadows site proposes 94
single-family detached (SFD) dwelling units and a 775 -horse equestrian center. The proposed
project also includes a Grading Plan Modification (GPM) for mass grading plans for the entire 153.8
acre "Distrito La Novia-San Juan Meadows" project to create planned development areas and to
provide the necessary soil cover for re -closure of the Forster Canyon Landfill; and,
Whereas, on May 6, 2008, the City Council adopted Resolution 08-05-06-06 initiating
the General Plan Amendment (GPA) study process with respect to the Distrito La Novia-San Juan
Meadows project to study the proposed General Plan Amendments to the Land Use Element's land
use designations and the Circulation Element; 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;
reviewed' all comments and prepared responses to comments pursuant to Section 15088 of those
guidelines; has otherwise complied with all applicable provisions of the California Environmental
Quality Act (1970); and all mitigation measures have been included in a Mitigation Monitoring
Reporting Program (MMRP); and,
Whereas, the Design Review Committee conducted public meetings on June 5,
2008; August 21, 2008; November 20, 2008; and December 17, 2009 pursuant to Title 9, Land Use
Code to consider the proposed project and to consider public testimony on the proposed project;
and,
Whereas, the Planning Commission conducted duly -noticed public hearings on
February 23, March 9, March 23, April 13 and April 27, 2010 pursuant to Title 9, Land Use Code,
Section 9-2.335, Public Hearing Procedures 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.
11/2/2010
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:
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 project's draft Comprehensive Development Plan has been prepared consistent
with the proposed development plans for the project including the site and architectural
plans and the City has determined that the proposed land use and development standards in
the Draft CDP are appropriate and acceptable: Further, the proposed design of the project
will be consistent with the Distrito La Novia-San Juan Meadows Comprehensive
Development Plan.
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element because the
Design Review Committee and Planning Commission have determined the project design
and the provisions of the Distrito La Novia-San Juan Meadows Comprehensive
Development Plan are substantially consistent with the applicable provisions of the City's
Architectural Design Guidelines; and,
3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks,
parking, access, and other features pertaining to the application, except as otherwise
approved, because the 18.7 -acre "Distrito' site has been designed to accommodate the
proposed project's building elements consistent with the Comprehensive Development
Plan's development standards for yards, open space, building setbacks, paring, floor area
ratio (FAR), building height, site access, etc., and,
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the project's
architectural design is 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 consistent with the design elements of Mediterranean
architecture.
The site plan and building architecture essentially create a "village -like" development plan
that effectively manages the mass and bulk of proposed buildings where the proposed 6 -
level parking deck (5 parking levels w/green space top deck) is centrally located on the site
with the bottom 2 levels completely below grade and the structure visually buffered by
surrounding mixed-use, commercial and residential buildings.
The project design provides varied setbacks with second -story building masses setback to
reduce the visual mass and the addition of balconies, dormers, eaves and similar
architectural features incorporated to create visual interest.
The material and color boards use a combination of darker earthtone colors and suitable
building materials consistent with and appropriate to the Mediterranean -style architectural
design.
The proposed buildings include tower elements and architectural projections, especially for
stairwells, that add visual interest to the building rooflines and roof -mounted equipment will
be substantially screened from off-site views with the exception of westbound traffic along La
11/2/2010
Novia and from San Juan Meadows homes along La Novia Avenue which may have partial
views of roof -mounted equipment.
Finally, the project includes conceptual landscape plans with a landscape palette that
incorporates a California native plant palette 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.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation because the proposed site development concept provides a continuous access
drive through the Distrito site linking the San Juan Creek Road entrance to the La Novia
Avenue entrance. The two proposed access entrances are appropriately situated and will be
designed to City standards and the access design would create no "dead-end" drives.
Access to the centrally located 6 -level parking structure is provided at two locations along
the main access drive and proposed parking is provided through the planned parking
structure, subterranean parking below both the market/restaurants building and the office
building, and surface parking fronting the mixed-use development.
Pedestrian linkages throughout the Distrito site allow pedestrians to walk between any areas
of the condominiums, market/restaurants, mixed-use building, or office building without
crossing vehicle access drives.
A General Plan multi -sue trail link along the easterly edge of the property connects the San
Juan Creek Road trail through the San Juan Meadows site to the City's open space lands to
the south; and,
6. The proposed use and design of the project is compatible with surrounding existing and
proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development 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 Mediterranean architecture and is architecturally compatible with similarly
designed buildings along San Juan Creek Road and the northeast of the project.
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:
The proposed grading modifications are consistent with the General Plan, Land Use Code,
Design Guidelines, and applicable specific plan or comprehensive development, including
but not limited to requirements for ridgeline protection, natural landform grading, minimizing
use and height of retaining walls, and effective use of landscaping for erosion control and
aesthetics because the proposed project incorporates the use of Verdura walls and dense
landscaping along the westerly and northerly edges of the Distrito site to provide visually -
attractive and effective grade transitions; uses building to accommodate significant grading
cuts into the "Distrito" site; incorporates landscaped 2:1 slopes along the La Novia Avenue
frontages to provide a visually -attractive parkway design treatment; and protects existing
natural slopes which form the southerly area and "backdrop" for the "Meadows" site; and,
3 11/2/2010
2. The proposed grading modifications are designed to accommodate a completely new site
development concept with new proposed land uses and therefore, the criteria which states
that the Grading Plan Modification (GPM) must be "....generally consistent with the approved
site plan, preliminary grading plan, landscape plan, grading standards, and design concepts
of the original project as approved by the reviewing authority' is not applicable to the
proposed project; and,
3. The proposed grading modifications have been designed to 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 which harmonize the design with the natural
contours of the property and surrounding lots because grade transitions are provided along
the easterly edges of the "Distrito" site and "Meadows" site to blend with existing grades; the
existing natural hillside slopes which form the southern boundary of the "Meadows" site will
be preserved in their natural state; the easterly slope (landfill face) of the "Meadows" site will
remain similar in height and form to the existing grade condition; and where retaining walls
are proposed along the westerly and northerly edges of the "Distrito' site, the retaining wall
heights will be minimized, plantable Verdura walls will be used, and extensive, dense
landscaping will effectively screen said walls; and,
4. The proposed site plan for the "Distrito" site shows the location of all proposed building
footprints and will meet all required minimum setbacks for buildings 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 because the Comprehensive Development
Plan for the "Distrito La Novia-San Juan Meadows" project establishes development
standards including minimum building setbacks and proposed buildings comply with the
development standards and setbacks of the Comprehensive Development Plan; and,
5. The proposed grading modifications will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development because the City has required preparation of
an Environmental Impact Report (EIR) for the proposed project which identifies all potentially
significant impacts of the project; proposes mitigation measures which will reduce those
significant impacts to a level of insignificance with the exception of air quality impacts which
will remain significant despite mitigation; provided however, that the City Council has
adopted a Statement of Overriding Considerations with respect to the projects potentially
significant air quality impacts.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City
of San Juan Capistrano hereby approves Architectural Control (AC) 07-14 and Grading Plan
Modification (GPM) 07-01 for the proposed project subject to the conditions of approval contained in
Exhibit "A", attached hereto and incorporated herein.
4 11/2/2010
PASSED, APPROVED AND ADOPTED this 2"d dAyof'fqqvember, 2010, by the
following vote, to wit:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
DR. LONDRES USO,
) ss.
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-11-02-05 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2" day
of November 2010, by the following vote:
AYES: CO NC1L MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso
NOES: CpO,� NCIL MEMBER: None
ABSENT: ( , JNCIL MEMBER: None
MARIA�MQ)�9I1[3, City Cl
5 1112!2010
EXHIBIT "A"
C.C. RESOLUTION # 10-11-02-05
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 07-14, Grading Plan Modification (GPM) 07-01
PROJECT NAME. Distrito La Novia-San Juan Meadows
APPROVAL DATE: November 2, 2010
EFFECTIVE DATE: November 17, 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. Prior to issuance of any grading or building permit for any component of the "Distrito"
site, the applicant shall secure of approval of an Architectural Control (AC)
Modification application from the Design Review Committee and Planning
Commission to address the project design revisions imposed by the City Council as
follows (DSD):
• The maximum building area of the proposed commercial office structure shall be
re -designed to not exceed a maximum of 16,000 gross square feet (GS)
(13,750 net square feet) of total building area.
• The mixed use commercial/residential component and/or the residential
condominium component shall be redesigned to reduce the maximum allowable
residential units from 140 to 130, removing the 10 units from either the proposed
mixed use apartments, or the proposed condominiums, or combination of the
two.
• The proposed parking deck shall be redesigned consistent with "parking
alternative #2" presented to the City Council on October 16 and consisting of a 4 -
level parking deck with direct access from the parking deck to the residential
condominiums and with a 206 -space subterranean parking level below the
planned commerciallmixed use parking lot.
• The proposed Verdura retaining wails along Valle Road at the intersection of San
Juan Creek Road shall be limited to a maximum, individual wall height of twelve
feet (12'-0") with terraced walls separated by a minimum five foot (5'-0") wide
landscaped terrace.
2. The subject project requests approval of development plans for a mixed-use
development on the 18.7 acre "Distrito La Novia" site . This project approval is based
on the site/grading plans and related application materials prepared by Hunsaker &
Associates; the architectural plans and related application materials prepared by
William Hezmalhalch Architect (WHA); and the landscape plans and related
application materials prepared by GMA 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 subject to City Council -directed project design revisions.
EXHIBIT A
C. C. Resolution No. 10-11-02-05 Conditions of Approval
AC 07-14 GPM 07-01 Distrito -Meadows Page 2 of 17
These plans and the proposed use of the project site are hereby incorporated by
reference into this approval as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city departments. Minor
modifications to this project approval may be approved by the Community
Development Director pursuant to Section 9-2.303, Administrative approvals of Title
9, Land Use Code. (DSD)
3. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements. (DSD)
4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so. (DSD)
5. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval 'of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Community
Development Commission, or Project planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter. (DSD)
6. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City. (DSD)
7. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the Community
Development Department and Building and Safety Department. (DSD)
& 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. (DSD)
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. (DSD)
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. (DSD)
11. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
C. C. Resolution No. 10-11-02-05 Conditions of Approval
AC 07-14 GPM 07-01 Distrito -Meadows Page 3 of 17
environmental documents. (DSD)
12. All applicable approvals and clearance from other departments and agencies shall be
on file with the Community Development Department — Building and Safety Division
prior to issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
Prior to issuance of grading permits:
1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant
shall fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and
post securities to ensure satisfactory performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment control,
sewer, water, street, and all appurtenant improvements. (PW-)
1.2 Construction Cost Estimate. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review, and obtain approval for, an estimate
of quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street
improvements, signing and striping, street lights, storm drains, water, sewers,
recreational trails, landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW)
1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated
improvement cost as prepared by a Registered Civil Engineer and approved by
the City Engineer and City Attorney for each applicable, but not limited to, street
improvements, signing, signalization, striping and street lights; storm drains,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private
slopes. In addition, the applicant shall provide Labor and Materials
Bonds/Securities for 100% of the above estimates{ improvement costs as
determined by the City Engineer. (PW)
1.4 Grading Plans. Prior to issuance of a grading permit, the applicant shall submit
the required number of copies of grading plans, prepared by a Registered Civil
Engineer, to the Engineering and Building Department for review and approval by
applicable departments. Conceptual grading plans shall 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, 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 & DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DSD)
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AC 07-14 GPM -.07-01, Distrito -Meadows Pa e 4 of 17
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. (DSD)
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls, (DSD)
e. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD) .
f. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (PW & DSD)
1.5 Drainage Improvement plans. Prior to issuance of a grading permit, the applicant
„
shall submit to the City Engineer for review and obtain approval for Drainage
Improvement Plans, specific to the project, which reflect consistency with the
City's Drainage Master Plan. These plans shall show locations of all existing and
proposed facilities. All drainage must be treated prior to being conveyed to the
street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System. If an existing 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)
1.6 Storm Runoff Hydraulic/hydrology Calculations. Prior to issuance of a precise
grading permit, the applicant shall submit to the City Engineer for review and
obtain approval for a. Storm Runoff Management Plan, prepared by a Registered
Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic
study and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
negatively affecting existing downstream drainage systems and properties. Said
study shall be consistent with the all applicable City regulations, Orange County
Public Facilities & Resources Department (PF&RD) design criteria, and
standards. (PW)
1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to
determine the seismic safety and sails stability of all proposed grading and
C. C. Resolution No. 10-11-02-05 Conditions of Approval
AC 07-14 GPM 07-01Distrito-Meadows Page 5 of 17
development improvements for the project and preliminary pavement sections
and substructure bedding/backfill recommendations. (PW)
1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review
and shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices (BMPs) prepared by a Registered Civil Engineer. These
plans shall show, in accordance with the NPDES Permit, all temporary and/or
permanent erosion and sediment control measures, effective planting of graded
slopes, practical accessibility for maintenance purposes and proper precautions
to prevent public trespass onto certain areas where impounded water may create
a hazardous condition. (PW)
1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty cubic
yards in and out of the project site, the applicant shall submit to the City Engineer
for review and obtain approval for, a Haul Route Plan specific to the project and
in compliance with all applicable City standards. The Haul Route Plan shall
specify dates, times, and headways for hauling activities. Prior to
commencement of haul activities, the applicant shall obtain a Haul Route Permit
and pay required fees to the Engineering Department. (PW)
1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for
Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, as identified in the approved
Traffic Study prepared pursuant to City Council Policy 310. Any exception shall
be subject to review and approval by the City Engineer (PW)
1.11 Recycling/Reduce Debris Act of 1989 iCIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer
for review and obtain approval for a program complying with the requirements of
the California Integrated Waste Management Act of 1989 to reduce construction
and demolition debris through recycling. (PW)
1.12 Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show that all
street sections located within 20 feet or less, from the toe of the slope of 10' in
height or more, are protected from underground water seepage by providing a
positive drainage barrier system in accordance with City Standard Drawing No.
350. Any exception shall be subject to review and approval by the City Engineer.
(PW)
1.13 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)
1.14 Water Quality Management Plan QMP) Re uirements and Compliance. Prior
to issuance of grading and right-of-way improvement permits, the applicant shall
C, C. Resolution No. 10-11-02-05 Conditions of Approval
AC 07-14, GPM 07-01, Distrito -Meadows Page S of 17
submit to the City Engineer for review, and shall obtain approval for, a Water
Quality Management Plan. (WQMP) specifically identifying structural and non-
structural Best Management Practices (BMP's) that will be used on-site to control
predictable pollutant runoff. The applicant shall obtain and follow the City of San
Juan Capistrano's WQMP outline and instructions. The applicant shall also
comply with all the requirements of the latest NPDES Permit, the City's Water
Quality Ordinance & Local Implementation Plan and the Clean Water Act. (PW)
1.15 NPDES Permit for Grading. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit a Notice of Intent (NO1) To the
California State Water Resource Control Board for coverage under the State
National Pollutant Discharge Elimination System Program (NPDES) General
Permit for storm water discharges associated with development/construction
activity in excess of one (a) acre of land. Evidence that this requirement has
been met shall be submitted to the City Engineer. (PW)
1.16 Public Facilities within Easements. Prior to issuance of grading permits, all public
facilities such as drainage, sewer, and water shall be designed to be located
within the public right-of-way or within dedicated easements, as approved by the
City Engineer. (PW)
1.17 Public right-of-way dedication. Prior to issuance of grading permits, the applicant
shall submit to the City Engineer the necessary documentation to dedicate right-
of-way along the property frontage sufficient to accommodate the required public
street frontage improvements, Said dedication(s) shall be at no cost to the City,
based on the determination by the City Engineer that the required right-of-way is
necessary to mitigate the traffic and circulation impacts of the project. (PW)
1.18 Reciprocal Access & Parking Agreements. Prior to issuance of a grading permit,
the applicant shall prepare and submit to the City Engineer for review and shall
obtain approval for the necessary reciprocal access & parking agreement
documents for maintenance, reciprocal parking and access purposes (PW)
1.19 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)
1.20 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)
1.21 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)
1.22 Off-site Easements. In the event that project improvements require permanent
C. C. resolution No. 10-11-02-05 Conditions of Approval
AC -07-14, GPM 07-01 Distrito -Meadows Page 7 of 17
off-site easements, then 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. Off-site grading
may be accomplished through an executed "letter of permission" from the
affected property owner. (PW)
1.23 County Surveyor Regui,rement. 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)
Prior to issuance of any building permits:
2.1 Applicable Codes. Prior to issuance of building permits, the applicant shall submit
plans to the Community Development Director or designee, for review and
approval, and shall comply with the latest City -adopted edition of the applicable
building codes. (B&S)
2.2 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Department for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Community Development
Commission, Design Review Committee, and/or Community Development
Director (as applicable). Plans shall address the following: (DSD)
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design, All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the project 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.
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AC 07-14 GPM 07-01 Distrito -Meadows Page 6 of 17
2.3 Street Improvement Plans. Prior to issuance of building permits, the applicant
shall submit to the City Engineer for review and obtain approval for Street
Improvement Plans for all required street frontage improvements and off-site
public street improvements required by the Mitigation Monitoring Reporting
Program (MMRP) to be prepared by a Registered .civil Engineer. Said plans
shall be designed per City standards and consistent with the street geometry
established by the City Council -approved tentative map and Comprehensive
Development Plan for Distrito La Novia-San Juan Meadows. The Street
Improvement Plans shall show all existing and proposed improvements, including
but not limited to street grades, striping, signage, signalization, storm drain,
sewer, water, sidewalks, street lighting and all related appurtenances. (PW)
2.4 Caltrans Permits. Prior to issuance of building permits, any proposed
improvement or work within the jurisdiction of the State right-of-way shall conform
to Caltrans standards and specifications and shall require an encroachment
permit from Caltrans. (PW)
2.5 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)
2.6 Access RLghts 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)
2.7 Recreational Trail Improvements. Prior to approval of each final map, the
applicant/subdivider shall design to City trail standards, improve, and dedicate, at
no cost to the City, the proposed trails as shown on the tentative tract map and
shall show the public use easement dedications on the final map. Any deviation
from the trail requirements shall be subject to prior review and approval by the
City Engineer. (PW)
The applicant/subdivider shall construct all trail improvements within the
subdivision in accordance with the applicable City Standards and Trail Design
Manual as depicted in the subdivision improvement plans to the satisfaction of
the City Engineer. City standard trail fencing where required shall be installed,
except as otherwise required by state or federal resource agencies. (PW)
2.8 Sewer and Water Plans. Prior to the issuance of building and right-of-way
improvements permits, the applicant shall submit to the City Engineer and the
Public Works Director for review, and shall obtain approval for, Sewer and Water
Improvement Plans prepared by a Registered Civil Engineer. These plans shall
be specific to the project and shall reflect consistency with the City's Sewer and
Water Master Plans, City municipal codes, standards, specifications, and City
water standard specifications. The sewer plans shall indicate that all proposed
sewer manholes shall be lined with polyurethane, or equal approved material, at
the applicant's cost to the satisfaction of the City Engineer (PW).
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2.9 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. Any exception shall be
subject to review and approval by the City Engineer. (PW)
2.10 On -Site Utility Plans. Prior to issuance of building permits and approval of on-site
utility plans, the applicant shall obtain approval of said plans by the City
Engineer, and shall obtain approval for a Site Plan prepared by a Registered Civil
Engineer showing the sewer and water service lines and their corresponding
points of connection with the City public main lines. The site plan shall include
the trash enclosure(s) that shall be covered with solid roof; its floor surface shall
be connected to the sewer system through an inlet in the center with a traffic
rated grate, and a concrete apron shall be constructed in front of the trash
enclosure. The site plan shall be specific to the project which reflects consistency
with the City's Sewer and Water standards. Any deviation shall be subject to
review and approval by the City Engineer. (PW)
2.11 Dry Utilities. Prior to issuance of building permits and approval of dry utility plans,
the applicant shall submit to the City Engineer, for review and obtain approval for,
Electrical Gas, Telephone and Cable Television Installation Plans which include
the size and location of all above ground pedestal, to ensure compatibility with
existing and proposed improvements. Pedestals shall be located in areas with
limited visibility to the general public, and screened with landscaping to the extent
feasible. The applicant shall coordinate with utility providers to ensure that
required public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent practicable. Any
exception shall be subject to review and approval by the City Engineer. (PW)
2.12 Water System Improvements. Prior to the issuance of any building permits, the
applicant shall complete the construction of all domestic water system
improvements, non-domestic (recycled) water system improvements, and
irrigation improvements required to serve the subject project in compliance with
the Municipal Codes, standards, specifications, the Rules and Regulations for
Users of Non-domestic Water and the City's water standard specifications.
(UTIL)
2.13 Water Service Connection. Prior to the issuance of a building permit, the project
applicant shall construct a separate water service connection that is adequate to
provide the necessary water demand for irrigation and landscaping. This water
service connection shall be to a City maintained water main pipeline as specified
by Utilities Department. These connections shall be subject to the submission,
review, and approval of civil improvement plans and the irrigation/landscape
plans. The irrigation facilities shall be designed in accordance with the City of
San Juan Capistrano's Water Standards and Specifications, Rules and
Regulations for Users of Non -Domestic Water, and the Municipal Code § 9-3.617
(Water Conservation Landscape). The design shall include improvements that
are identified for use of non-domestic water (recycled water) and shall be
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connected to non-domestic water facilities when they become available. (UTIL)
2.14 Water Im rovement Agreement. Prior to the issuance of permits for any water
improvements, the applicant shall execute a Water Improvement Agreement with
the City, shall pay all applicable domestic and non-domestic Water Development
Charges in accordance with the Water Department Schedule of Rates and
Charges, as last revised, and shall post the required securities to insure
satisfactory performance of proposed public water improvements in compliance
with City water standard specifications. (UTIL)
2.15 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
groundwater 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 with the exception of de -watering wells necessitated by the site's
geologic conditions and requirements. The Water Division or its designee shall
be the sole water service provider for any and all improvements made on the
land during the term of the applicant's lease of the land. The language of the
covenant must be approved by the City prior to recordation. The covenant must
be recorded with the County Recorder prior to issuance of building permits.
(UTIL)
2.16 Non -Domestic Water Use. Prior to issuance of any building permit for non-
residential structures, building plans shall be designed to include provisions that
all public and private toilets are connected to and served by the City's non-
domestic, recycled water system so as to reduce potable water demand thereby
reducing the City's reliance on imported water from the State Water Project
(SWP). All urinals, public or private, shall be of the waterless type. (UTIL)
2.17 Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, a proposed historic depiction program shall be submitted to the
Historic Preservation Manager for review and approval by the Cultural Heritage
Commission pursuant to City Council Policy 606. The HDP application
submission shall include necessary information and be in a form acceptable to
the Historic Preservation Manager. Prior to issuance of a Certificate of
Occupancy, the Historic Depiction Program (HDP) shall be installed and
inspected for compliance with the approved design. (DSD)
2.18 Final Landscape Plans. Prior to issuance of building permits, the
applicant/developer shall submit final landscape plans to the Community
Development Department for review and approval by the Design Review
Committee. Plans shall include all entry statements, common areas, landscaped
slopes, and Property Owner's Association (POA) -maintained areas. Final
landscape plans shall show the following information and requirements: (DSD)
a. Type, location, and size of all proposed new plant material which shall be
water conserving and drought resistant.
b. Turf shall only be permitted in specific areas 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.
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C. All slopes of 2:1 and greater shall be permanently landscaped.
d. Backflow devices and utility pedestals shall be screened with
landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
f. Location, height, materials and colors of all walls and fences.
g. Location and details for all street furniture including bicycle racks,
benches, water features, trash receptacles, historic depiction devices, etc.
h. Design details and locations for trash enclosures which shall be of
decorative construction compatible with the main structures.
i. Landscape planters shall be a minimum interior width of five (5) feet.
Where landscape fingers abut parking spaces, they shall not extend
closer than three (3) feet to the aisle end of the adjacent parking space. A
twelve (12) inch wide paved landing strip shall be provided inside the
curb, wherever a landscaped planter is located adjacent to a parking
space such that passengers exit a vehicle into the planter.
j. Sidewalks adjacent to head -in spaces shall be a minimum width of seven
(7) feet except where permanent wheelstops are provided.
k. Landscape areas adjoining head -in parking spaces shall be a minimum
width of 4'-6" except where permanent wheelstops are provided
I. All portions of a parking lot devoted to landscaping shall be provided with
a permanent automatic irrigation system designed for water conservation.
2.19 FinalLighting/Photometric Plans. Prior to issuance of building permits, the Final
Lighting/Photometric Plan shall be submitted to the Community Development
Department for review by the Design Review Committee. Plans shall include the
following information and requirements: (DSD)
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
footcandles (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 or at a
height no greater than 20'-0" whichever is less. Free-standing (pole -
mounted) luminaires shall not exceed a maximum height of 20'-0"
including the base.
d. Illumination shall be either metal halide or high-pressure sodium (HIPS).
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 footcandle.
f. Exterior lighting shall be reduced to the extent feasible during hours that
the planned uses are 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.
2.20 Water Availability. Prior to the issuance of any building permits, the applicant
shall provide evidence of adequate fire flow. The "Orange County Fire Authority
Water Availability for Fire Protection" form shall be signed by the applicable water
district and submitted to the Fire Chief for approval. (OCFA)
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2.21 Orange County Fire Authority (OCFAJ.Approval, Prior to issuance of any building
permits, the applicant/developer shall submit street improvement plans indicating
the location of fire hydrants in the public right of way, emergency access, the on-
site driveway, and loading zone emergency access areas for the proposed
project shall be reviewed and approved by the Orange County Fire Authority
(OCFA).
1.24 Fire Flow Demands. Prior to the issuance of any building permits, the applicant
shall obtain from the Orange County Fire Authority (OCFA) the required fire flow
demands and the fire protection requirements to serve the subject project and
shall provide evidence of satisfactory fire flow. (OCFA)
2.22 OCFA Review of Architectural Building_ Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval
of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
2.23 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)
2.24 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)
2.25 Fire Access Roads. Prior to the issuance of a building permits, the applicant shall
submit a Fire Master Plan and obtain approval of the Orange County Fire
Authority for all fire protection access roads to within 150 feet of all portions of
the exterior of every structure on site. The plans shall indicate the locations of red
curbs and signage and include a detail of the proposed signage including the
height, stroke and colors of the lettering and the contrasting background. The
plans shall also indicate the location(s) of all fire hydrants proposed for the
project. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to
obtain a copy of the "Guidelines for Emergency Access." (OCFA)
2.26 Hazardous Materials. Prior to the issuance of a building permit, the applicant
shall submit to the Fire Chief a list of all hazardous, flammable and combustible
liquids, solids or gases to be stored, used or handled on site. These materials
shall be classified according to the Uniform Fire Code and a document submitted
to the Fire Chief with a summary sheet listing the totals for storage and use for
each hazard class. Please contact the OCFA at (714) 573-6100 or visit the
OCFA website to obtain a copy of the "Guidelines for Completing Chemical
Classification Packets." (OCFA)
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AC 07-14, GPM 07-01, Distrito -Meadows Page 13 of 17
During construction, following issuance of any grading & building permits and
prior to issuance of any occupancy permits:
3.1 Compliance with approved plans, At all times during construction, the applicant
shall ensure compliance with applicable approved plans, including: (PW)
a. Erosion Control Plan
b. Haul Route Plan
C, Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit(s).(DSD)
3.2 Pre -construction Meeting. The City may require that the grading contractor shall
attend a pre -construction meeting with the Building and Safety Division prior to
commencement of any construction on the site. (B&S)
3.3 Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues: (PW)
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)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW)
3.4 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.
(PLN-B&S)
3.5 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW)
3.6 Construction hours. Construction hours shall be limited pursuant to the provisions
of Municipal Code Section 9-3.531, Noise to 7:00 a.m. to 6:30 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.(DSD)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
3.8 Restrictions on Truck Access. The project shall require access for all deliveries
into and out of the Distrito La Novia/San Juan Meadows development via Valle
Road and La Novia Avenue to and from the project driveways, or eastbound on
San Juan Creek Road to the Distrito La Novia driveway only. Delivery access
from the east on La Novia Avenue or San Juan Creek Road shall be strictly
prohibited. The project shall install appropriate signage, subject to approval and
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at locations as determined by the City Engineer, establishing project access
restrictions for trucks.
Prior to the acceptance of improvements and the release of bonds/surety,
granting of final utility clearances, or issuance of "Certificates of Occupancy".
4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release of
performance securities, whichever occurs first, the applicant shall complete, to
the satisfaction of the City Engineer, all facility improvements required and
necessary to serve the development in accordance with the approved plan and
approved exceptions. In the case of a phased project, the provisions of this
condition shall be applied to each phase (PW)
4.2 Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Duplicate Mylar
Plans of all improvement works completed and accepted. Said plan shall be
prepared by a Registered Civil Engineer. Additionally, the applicant shall submit
digital copies of all "As Built" plans, at no cost to the City, in accordance with the
latest edition of the City of San Juan Capistrano Digital Submission Standards.
(PW)
4.3 Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW)
4.4 Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant shall
submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from the
signed plans of all the domestic water system, non-domestic (recycled) water
system, and the landscape irrigation system, sewer, These `Record Drawings"
are also required in digital format, at no cost to the City, in accordance with the
latest edition of the "City of San Juan Capistrano Digital Submission Standards."
(UTIL)
4.5 Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements
and release of performance securities, the applicant shall submit to the City
Engineer, for review and obtain approval for, a video tape, filmed in the presence
of a City Staff representative/inspector, of all sewer and drainage improvements.
The video shall become the property of the City. Any exception shall be subject
to review and approval by the City Engineer. (PW)
4.6 Replace Drivewav 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)
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4.7 Curb and Gutter Repair Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant and at
applicant cost, as deemed necessary by the City Engineer, depending on the
condition of these improvements prior to and after construction. (PW)
4.8 Solid Waste Reduction/Recycling Management Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall include,
but not be limited to: 1) distribution of separate receptacles for recyclables and
trash throughout the project site; 2) separate dumpsters for recyclables and
trash; 3) signs posted near all receptacles conveying information regarding
recyclable materials; 4) sorting of trash collected throughout the project site by
facilities staff prior to dispensing in dumpsters; and, 5). restrictions on product
type that will be offered at concessions or vending throughout the project site,
(DSD & PW)
4.9 Ingress -Egress Control. Project access at the site entrance on San Juan Creek
road shall be limited as provided for in the City Council -approved Mitigation
Monitoring Reporting Program (MMRP). The City Engineer shall specify the
necessary signage, pavement markings, and raised medians to provide the
necessary access control which shall comply with State standards. (PW)
4.10 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
applicable public water facilities and pertinent easements. (PW & UTIL)
4.11 Installation of Landscaping. Prior to approval of final inspection (of each phase)
the developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that the
landscape materials and irrigation system (tested for full coverage) have been
planted and installed in compliance with the approved landscape plans.
Additionally, all bicycle racks, pedestrian walkways, seating, and other
improvements shown on the Final Landscape Plan shall be installed to the
satisfaction of the Community Development Department. (DSD)
4.12 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 Project planner. (DSD)
4.13 Final Compliance Inspection. Prior to application for a final occupancy permit, the
applicant shall schedule a final inspection by the Community Development
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Department, and shall pay any outstanding balance in the Developer Deposit
Account assigned to this application. Community Development Department shall
not conduct a final inspection until any outstanding balance has been paid in full.
(DSD)
4.14 Fire Extinguishers. Prior to final inspection by the orange County Fire Authority
(OCFA), fire extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant shall contact the Fire Department for the requirements
pertaining to the number, type, and placement of fire extinguishers. All fire
extinguishers shall have current California Fire Marshal service tags. (OCFA)
4.15 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No
Parking—Fire Lane" as approved by the Fire Department. (OCFA)
4.16 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 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)
4.17 Utility Undergrounding: Prior to issuance of certificate of occupancy, the applicant
shall underground, at no cost to the City, the overhead utility lines within the
property and along its street frontage(s) to the satisfaction of the City Engineer.
Any exception to, or deviation from this condition shall be subject to review and
approval by the City Engineer. (PW)
4.18 Property Owners Association. Provide written documentation to the Community
Development Department that a Property Owners Association has been formed
for purposes of maintenance of common areas, including landscaping and
parking areas. (DSD)
4.19 Reciprocal Parking and Access Agreement. Provide written documentation
showing that a reciprocal parking and access agreement has been formed to
allow joint use of common parking areas and drive aisles. (DSD)
Ongoing conditions after completion of the project.
5.1 Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (DSD)
5.2 Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
5.3 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (DSD)
5.4 Future Parking Demand. In the event that future land uses require additional
parking, the applicant must obtain the necessary land use approval that
demonstrates that sufficient parking is being provided for all land uses within the
building or on the property. (DSD)
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Responsible Depts./Agencies: DSD:
Development Services Department
B&S:
DSD -Building & Safety Division
PW:
PWD -Engineering Division
UTIL:
Utilities Department
OCFA:
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Applicant Signature
Applicant's name/title (print)
Date