The URL can be used to link to this page

Ordinance Number 988 ORDINANCE NO, 988 AN, ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJECT The City Council of the City of San Juan Capistrano hereby ordains as follows: SECTION 1. Recitals & Findings 1. Stroscher G3, LLC (Gretchen Stroscher Thomson) has requested approval of a Development Agreement, entitled "Development Agreement (Plaza Banderas Hotel and Mixed Use Project) by and between the City of San Juan Capistrano and Stroscher G3, LLC; and, 2. On October 5, 2010, the City Council approved the first reading and introduction of an ordinance certifying the Environmental Impact Report (EIR) and adopted a resolution certifying the Environmental Impact Report (EIR). On October 19, 2010, the City Council approved the second reading and adoption of the ordinance for the Plaza Banderas Hotel project. While all the necessary legislative and discretionary planning applications have been previously approved by the City Council, the applicant's proposed Development Agreement remains for consideration; and, 3. The Planning Commission conducted duly-noticed public meeting on December 14, 2010 and on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.335, and Public Hearing Procedures to consider the draft development agreement; and, 4. The City Council conducted a duly-noticed public hearing on January 18, 2011, February 15, 2011, March 1, 2011, June 21, 2011, and June 30, 2011 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the' draft development agreement, and to consider public testimony on the proposed agreement, and has considered all relevant public comments. SECTION 2. Amendment. Pursuant to Government Code sections 65864 et seq., the City Council does hereby approve and adopt the "Development Agreement (Plaza Banderas Hotel and Mixed Use Project) by and between the City of San Juan Capistrano and Stroscher G3, LLC', which is attached as Exhibit A, and incorporated herein by reference. The Mayor is hereby authorized to execute said agreement on behalf of the City of San Juan Capistrano, 1 0988 SECTION 3. Effective Date, This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this Stn day of July, 2011. JJ S M ALLEVATO, MAYOR ATTEST MARI ' ,RR1S, CIT CL RK STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 988 which was regularly introduced and placed upon its first reading at the Adjourned Regular Meeting of the City Council on the 30t" day of June 2011 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 5t" day of July 2011 by the following vote, to wit: AYES: COU CIL MEMBERS: Freese, Taylor, Kramer and Mayor Allevato NOES; O NCIL MEMBERS: Reeve ABSENT:. 0 JNCIL MEMBERS: None MARIA ISIS CITY L K 2 0 988 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 1st day of July 2011, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING A DEV LO: MENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJ T. This document was posted in the Office of the i I Jerk i MAR `R iS, CI ERK San Juan Capistran C 14fornia STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 7t" day of July 2011, I caused to be posted a certified copy of Ordinance No. 988, adopted by the City Council on July 5,2011 entitled: AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING A DEVEL PMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJECT This document was posted in the Office of the City' I k MARIA -q., S, CITY K San Juan Capistrano, C lifor 'a 3 0988 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (Space Above This Line for Reeordets Office Use Orly) (Exempt from Recording Fee per Gov.Code§§6103 and 27383) DEVELOPMENT AGREEMENT (PLAZA BANDERAS HOTEL AND MIXED USE PROJECT) by and between CITY OF SAN JUAN CAPISTRANO and STROSCHER G3, LLC Effective August 3, 2011 (Ordinance No. 988 adopted July 5, 2011) EXHIBIT A DEVELOPMENT AGREEMENT (PLAZA BANDERAS HOTEL AND MIXED USE PROJECT) This DEVELOPMENT AGREEMENT (PLATA BANDERAS HOTEL AND MIXED USE PROJECT) (the "Agreement") is dated for reference purposes only as of the 5"' day of July, 2011, and is being entered into by and between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation, organized and existing under the laws of the State of California ("CITY"), and STROSCHER G3, LLC, a California limited liability company ("STROSCHER"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Legislation") and Article XI, Section 2, of the California Constitution. CITY and STROSCHER.are sometimes hereinafter referred to as the "Parties." RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The Parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things. ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules, and regulations, subject to the applicable conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and encourage and provide for the development of public infrastructure and amenities to support the development of new housing and commercial projects. C. STROSCHER is the fee owner of that certain real property consisting of 3.18 acres of land located at the corner of Ortega Highway and El Camino Real in the City of San Tuan Capistrano, County of Orange, State of California, that is more particularly described and depicted in Exhibit "A"attached hereto and made a part hereof(the "Property"). D. The Property consists of 3.18 acres, with a three-story, 124-room hotel, consisting of 76,363 square feet ("Hotel") on approximately 2 acres; 10,169 square feet two story office/retail building consisting of 6,467 square feet of retail on the first floor ("Retail Component") and 3,702 square feet of private office on the second floor (the "Private Office Space") ; 6,095 square feet for a restaurant ("Restaurant") and 190 parking spaces (the Hotel, Retail Component, the Private Office Space, Restaurant and parking spaces are collectively, the "Project"). E. In connection with approval of the Project, STROSCHER applied for, and CITY approved, General Plan Amendment 10-001; Rezone 10-001; Architectural Control 10-002; Grading Plan Modification 10-001; Tree Removal Permit 10-003; Floodplain Land Use Permit 10-001; and Tentative Parcel Map 10-001 (collectively, the "Development Plan Approvals"), in accordance with -1- the provisions of this Agreement, and other applicable regulations of the CITY and other governmental agencies having jurisdiction over the Property and the "Project" as defined in Section 1.24 below. F. STROSCHER has applied for, and'CITY has approved, this Agreement in order to create a beneficial development project and a physical environment that will conform to and complement the goals of CITY, be sensitive to human needs and values, and facilitate efficient traffic circulation. By its approval and execution of this Agreement CITY has determined that CITY (including, without limitation the existing and future residents of CITY) will receive the following direct and indirect benefits from the implementation of this Agreement: 1. The Project will conform. to CITY's goal to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, state-of-the-art development standards, and planning concepts. 2. The traffic and circulation elements of the Development Plan will conform to CITY's General Plan by reducing the impact of the average daily trips generated by the Development of the Project on arterial roads and thoroughfares adjacent to the Expansion Parcels consistent with Transportation and Traffic Mitigation Measures set forth in the Mitigation Monitoring and Reporting Program("MMRP") for the Project. 3. Dedication to CITY of an easement interest in the air space over a portion of the Property, to be used by the City as a parking lot or parking; facility ("Parking Lot Air Space Parcel"), to increase the number of parking spaces available for visitors to the Mission San Juan Capistrano. The Parking Lot Air Space Parcel shall not eliminate any of the Project's parking spaces and improvements to this air space shall not disrupt Development or operation of the Project. A depiction of the Parking Lot Air Space Parcel is attached hereto at Exhibit "B" and made a part hereof. 4. Development of the Project will generate significant increases in revenue to the City, through Project generation of Transit Occupancy Tax revenues (San Juan Municipal Code ("SJMC") Section 3-3.601 et seq.), sales tax revenues and increased property tax revenues. G. The following actions have been taken with respect to this Agreement and the Project: I. On or about October 5, 2010, pursuant to the applicable provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the regulations promulgated by the Secretary of Resources pursuant thereto (Title 14 of the California Code of Regulations, Section 15000 et seq.) (collectively, "CEQA"), the City Council of CITY found and determined that all of the significant environmental impacts of the Project, including this Agreement, were adequately mitigated and adopted an Environmental Impact Report; 2. On or about September 14, 2010, following three duly noticed and conducted public hearings, the Planning Commission of CITY took action on the Project; -2- 3. On or about October 5, 2010, the City Council of CITY approved the Development Plan Approvals; 4. On or about June 30, 2011, after a duly noticed and conducted public hearing, the City Council of CITY determined that the provisions of this Agreement were consistent with the General Plan of CITY; 5. On or about June 30, 2011, pursuant to CEQA, the CITY Council of CITY found and determined that the previously certified Environmental Impact Report for the Project adequately describes the Agreement's envirom-nental setting, impacts and alternatives and mitigation measures related to each significant impact; and 5. On or about June 30, 2011, after a duly noticed and conducted public hearing, the City Council of CITY introduced Ordinance No. 988 approving and authorizing the execution of this Agreement and on_July 5, 2011, the City Council of CITY adopted said Ordinance (hereinafter the "Authorizing Ordinance"), a copy of which Authorizing Ordinance is on file in the City Clerk's office at City Hall_ H. In consideration of the substantial public improvements and benefits to be provided by STROSCHER and the Project., and in order to strengthen the public planning process and provide significant educational and economic benefits to the City of San Juan community, by this Agreement CITY intends to provide to STROSCHER the assurance that it can proceed with Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the CITY's General Plan, ordinances, policies, rules, and regulations existing as of the Effective Date. In reliance on CITY's covenants in this Agreement concerning Development of the Property, STROSCHER has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Master Plan feasible. I. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan for the Project implement the goals and policies of CITY's General Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within. the City of San Juan Capistrano, (ii) this Agreement is in the best interests of and not detrimental to the public health, safety, and general welfare of CITY and its residents; (iii) adopting this Agreement is consistent with CITY's General Plan and constitutes a present exercise of CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. J. CITY and STROSCHER agree that it may° be beneficial to enter into additional agreements and operating memoranda, or to modify this Agreement with respect to the implementation of the separate components of the Development Plan when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated additional agreements, operating memoranda, and modifications to this Agreement. -3- K. Project Mitigation Measure MM 4.11.201b and Project Condition of Approval No. 48 require STROSCHER to construct a loop system to run from a POC in the 3.500 system at the intersection of El Homo and the I-S Freeway ("El Homo Section") to a connection to the 350C system at the intersection of Ortega highway and Avenida Los Cerritos ("Ortega Section"). The "Ortega Section" to which the El Homo Section is to connect includes the water line from a point 200 foot east of the intersection of Camino Capistrano and Ortega Hwy., then continuing easterly on Ortega 1lwy. to the intersection of Ortega Highway and Avenida Los Cerritos. Compliance of these conditions may be resolved as follows: . During the future reconstruction of the Ortega Bridge over the 1-5, CITY has requested Caltrans to provide for the water interconnect required to create the Ortega Section loop. Should the El Homo Section provide sufficient fire flow as determined by the fire marshall, STROSCHER shall not be required to construct the Ortega Section. Prior to the time the Ortega Section is to be constructed, STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction and/or the Parties may enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the Ortega Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section, 2. STROSCHER shall construct the El Homo Section to provide sufficient fire flow to the Property as determined by the fire marshall. STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction should new development be proposed, which would benefit from the El Homo Section construction. The Parties may further. enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the El Homo Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the l'11 Homo Section. 3. Subject to exercising its legislative discretion, the CITY shall consider the creation of a utility district to fund the undergrounding of power lines along El Camino Real ("Undergrounding of Power Lines"). L. CITY agrees, subject to exercising its legislative discretion, to assist STROSCHER in its attempts to have Caltrans reconstruct the entryway to the Project, which may be required due to the future relocation and expansion of Ortega Highway by Caltrans. CITY's assistance to STROSCHER shall not include the provision of any financial assistance, unless CITY, in its sole discretion, determines to provide financial assistance. M. The Stroscher Family previously conveyed to the County of Orange rights-of-way which were to be used in the construction of the Ortega Highway. Ultimately, the City succeeded to the interest of the County of Orange, and presently owns the rights-of-way, which no longer are needed for future improvement of the Ortega Highway ("Excess Ortega Rights-of-Way"). The Excess Ortega Rights-of-Way are depicted on Exhibit "C" attached hereto and made a part hereof. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, as it applies to CITY; pursuant to Article XI, Section 2 of the California Constitution, -4- and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows: 1. Definitions. The following words and phrases are used as defined terms throughout this Agreement and each defined term shall have the meaning set forth below: 1.1 Authorizing Ordinance. "Authorizing Ordinance" means Ordinance No. 988 approving this Agreement. 1.2 CE A. "CEQA" has the meaning ascribed to that term in Recital F.1 of this Agreement. 1.3 CITY. "CITY" means the City of San Juan Capistrano, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies, and departments. 1.4 City Council. "City Council" means the duly elected and constituted city council of CITY. 1.5 Default. "Default" has the meaning ascribed in Section 9.1 or 9.2 of this Agreement, as applicable. .6 Develop Development or Developing. "Develop," "Development" or "Developing" means the improvement and use of the Property, as the term "Development" is defined in California Government Code Section 65927, for purposes consistent with the Project and this Agreement, all in accordance with the provisions of this Agreement, but does not include the maintenance, repair, reconstruction, or redevelopment of any building, structure, improvement, or facility after the initial construction and completion thereof. 1.7 Developer. Developer means Stroscher G3, LLC, all successors in interest, in whole or part, to the right, title, and interest of any of such entity in and to this Agreement with respect to all or any portion of the Property. 1.8 Development Agreement Le islation. "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date. 1.9 Development Exactions. "Development Exactions" means any requirement of CITY in connection with the Existing or Subsequent Land Use Regulations or Development Plan Approvals, for the dedication of land (including without limitation through the encumbrance of land with an easement or use restriction), the construction or improvement of public improvements or facilities (including without limitation improvements or facilities located on land that is encumbered with an easement or use restriction in favor of a public agency, the public, or a private non-profit entity), or the formation of any Financing District and/or payment of any special taxes, assessments, or fees, in order to provide any such public improvements or facilities in conjunction with -5- Development or to lessen, offset, mitigate, or compensate for the impacts of development on the environment or other public interests consistent with the Project and this Agreement. 1.10 Development Impact fees. "Development Impact pees" shall paean those fees established and adopted by CITY with respect to development and its impacts pursuant to applicable governmental requirements, including Section 66000 et seq., of the California Government Code, including impacts fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges unposed on or in connection with new development by the CITY. Development Impact Fees do not mean or include Processing Fees. The Development Impact Pees are the only Development.Impact Fees that the City may impose or levy on the Project. 1.11 Development Plan. "Development Plan" means the plan for Developing the Project on the Property in accordance with this Agreement, the Development Plan Approval(s), and the Future Approvals. As of the Effective Date, the Development Plan consists of the Master Plan, provisions of CITY's General Plan (as amended through the General Plan Amendment referred to in Recital E) applicable to the Property, the narrative description of the Project set forth in Exhibit "D" to this Agreement, the Development Plan Approvals set forth in Exhibit `E" to this Agreement, and the express provisions set forth in this Agreement that define or describe the Project. The Future Development Approvals automatically shall become a part of the Development Plan and included within the scope of STROSCHER's vested rights provided for in this Agreement without the need for any amendment of this Agreement when the same are issued or approved by CITY and become effective. Each of the documents memorializing the Development Plan is (or will be) maintained in the official records of CITY and shall be utilized whenever required to interpret or apply this Agreement. 1.12 Development Plan Approval(s), "Development Plan Approval(s)" means the approvals of the City Council described in Exhibit "E" hereto insofar as the same relate to the Property and the Development Plan, including those amendments to this Agreement made in accordance with. Section 3.8 hereof, those amendments to the Development Plan Approval(s) made in accordance with Section 3.9 hereof, and those Future Development Approvals made in accordance with Section 3.6 hereof. 1.13 Development Transferee. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. 1.14 Discretionary Action(s)_or Discretionary Approvals}. "Discretionary Action(s)" or "Discretionary Approval(s)" means an action which requires the exercise of judgment, deliberation or discretion on the part of the CITY including any board, agency, commission or department and any officer of employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial Approval. 1.15 Effective Date. "Effective Date" means the date the Authorizing Ordinance becomes effective. 1.16 Existing Land Use Regulations. "Existing Land Use Regulations" means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other action of CITY, including but not limited to the CITY's General Plan Municipal Code and Zoning -6- Code and including all Development Impact Fees, which affect, govern or apply to the Development and use of the Property, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land far public purposes and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative, which are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.17 Future Development Approvals. "Future Development Approvals" means those entitlements and approvals that are: (a) made in accordance with Section 3.6 hereof, and (b) requested by STROSCHER in order to authorize the Development to occur upon the Property in a manner consistent with the Development flan Approval(s). By way of enumeration, and not limitation of the foregoing, the Future Development Approvals include such development permits, development plan reviews, use permits, variances, grading permits, building permits, and occupancy permits that are required as a condition to STROSCHER's right to Develop pursuant to the Development Approvals for all or any portion of the Project. There is no intention to include any approvals that are beyond the implementation of the specific development listed on Exhibit "D" 1.18 Ministerial Approval(s) or Ministerial Act(s). "Ministerial Approval(s)" or "Ministerial Act(s)" means a permit approval or clearance, conformance with the Existing Land Use Regulations, including, without limitation, conformance maps for tentative tract maps, determinations of compliance with the Project Conditions of Approval of the Existing Project Approvals, site plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, temporary use permits, certificates of use and occupancy, and approvals and entitlements and related matters as necessary for the completion of the Development of the Property as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval. 1.19 On-Site Improvements. "On-Site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property consistent with the Development Plan Approvals. 1.20 Owner. "Owner" means STROSCHER. 1.21 Party.or Parties. "Party" means either CITY or STROSCHER, as the context dictates, and "Parties" means CITY and STROSCHER. 1.22 Planning Commission. "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.23 Processing Fees. "Processing Fees" means all fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Future Development Approvals. 1.24 Project. "Project" means the Development and Approvals summarized in Recital E,, the planning elements of which are more specifically described in Exhibit "E" hereto. -7- 1.25 Property. "Property" means the Property referred to in Recital C and more particularly described in Exhibit "A"to this Agreement. 1.26 Term. "Term" means the period of time that this Agreement remains in effect with respect to the Property or any portion thereof, as provided in Section 2.3. 2, General Provisions. 2.1 Binding Covenants. The provisions of this Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties hereto. 22 Interest of STROSCHER. As of the date this Agreement is being executed by the Parties, STROSCHER represents that STROSCHER is the fee owner of that certain real property consisting of 3.18 acres of land located at the northwest corner of Ortega Highway and El Camino Real in the City of San Juan Capistrano, County of Orange, State of California, that is more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof (the "Property") 2.3 Term. In addition to the provisions of Section 10.4 of this Agreement, the initial term (hereinafter called "Term") of this Agreement shall commence on the Effective Date and shall terminate at the end of the day immediately preceding the fifth (5'11) anniversary of the Effective Date, subject to the termination provisions set forth herein; provided, however, that so long as STROSCHER is not in Default of this Agreement and the Agreement has not been otherwise terminated, STROSCHER may request CITY to extend the Term for up to three (3) one-year extensions of the Term. City shall have the discretion as to whether to approve or deny any such extension request(s) made by STROSCHER. STROSCHER's request(s) to extend the Term shall be submitted not more than one hundred eighty (180) days and no less than sixty (60) days before the end of the Term. Pursuant to California Government Code Sections 65863.9 and 66452.6(a), the expiration date of all Development Plan Approvals shall be extended for the greater of the Term of this Agreement, in which case no such extension application need be filed, or such time approved in accordance with state law or the Existing Land Use Regulations. The Parties agree that phased final subdivision maps may be processed and recorded. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (i) If termination occurs pursuant to any specific provision of this Agreement; or (ii) As to provisions of this Agreement governing On-Site Improvements on any separate legal lot(s) or parcel(s) within the Property, upon the completion of On-Site Improvements on and with respect to said lot(s) or parcel(s) pursuant to the terms of this Agreement and CITY's issuance of all required occupancy permits or final inspections, as applicable, and acceptance of all dedications and improvements required to complete such On-Site Improvements, or (iii) Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to CITY invalidating this Agreement. -8- The termination of this Agreement in its entirety or with respect to a particular lot(s) or parcel(s) shall not affect any right or duty of STROSCHER arising from any provisions of this Agreement that remain effective or from a source other than this Agreement. In the event this Agreement terminates in its entirety or with respect to a particular lot(s) or parcel(s), and notwithstanding any other provision set forth herein, upon request by STROSCHER, or any other successor or assignee of either of them, CI`T'Y shall cooperate, at no cost to CITY, in executing in recordable form a document prepared by the requesting party that confirms the termination of this Agreement with respect to the Property or applicable portion thereof. 2.5 Transfers and Assignments. 2.5.1 STROSCHER ("Owner") shall not assign all or any part of this Agreement without the prior written approval of the CI"T"Y. Such written approval by the CI'T'Y shall not be unreasonably withheld, provided that: (a) if Owner's proposed assignee is an entity, such entity shall be legally formed and qualified to conduct business in the State of California; (b) Owner shall have delivered evidence to CITY that Owner's proposed assignee has the ability to comply with the Agreement; (c) Owner and its/their assignee execute an assignment and assumption agreement pursuant to which the assignee expressly assumes all of Owner's obligations under the Agreement; and(d) CITY shall bear no expenses in connection with such assignment. Notwithstanding any other Provision of this Agreement, Owner need not obtain the prior written approval of CITY for the assignment of this Agreement to a Iimited liability company, limited partnership or corporation wholly-owned by, or under Owner's control. 3. Development Provisions. 3.1 Vesting;. 3.1.1 Project. CITY covenants STROSCHER has and shall have the right to Develop the Project on the Property consistent with the Development Plan and the Development Plan Approval(s), including, without limitation, the Future Development Approvals after the same have been issued or approved by CITY and become effective ("vested right"). 3.1.2 Limits on Developmen . 'rhe California Supreme Court held in Pardee Construction Comjwny v. City nfCamarillo, 37 Cal.3d 465 (1984), that the failure of the parties to address certain limits on a city's ability to condition, restrict, or regulate a development allowed a later adopted initiative to restrict the development. This Agreement is intended to cure that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement, and the scope of CITY's reserved authority described in Section 3.2 hereof. Except as expressly set forth in the Development Plan and Development Plan Approval(s), regardless of any future enactment, whether by initiative or otherwise, STROSCHER shall have the vested right to Develop the various components of the Project in such order, at such rate, and at such times as STROSCHER deems appropriate within the exercise of its subjective business ,judgment. Specifically, CITY agrees that STROSCHER shall be entitled to apply for and receive the future Development Approvals and to Develop and use the Property at any time, provided that such application is made and such Development occurs in accordance with this Agreement and the other Development Plan Approval(s). No future amendment of any CITY law and no future adoption of any CITY law or other action that purports to limit the scope, rate, or timing of Development on the -9- Property or to alter the sequencing of the Development in a manner inconsistent with the Development Plan or the Development Plan Approval(s) (including without limitation the future Development Approvals when issued by CITY), whether the same are adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. Notwithstanding the foregoing, nothing in this Section 3.1 shall limit or restrict CITY's reserved authority as described in Section 3.2. 3.1.3 Entitlements, Permits, and Approvals— Cooperation. 3.1.3.1 Processing. CITY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, complete applications for the Future Development Approvals and, if applicable, STROSCHER's complete applications for amendments to this Agreement, to the Development Plan Approval(s), and to any of the Future Development Approvals (after the same have been initially approved). 3.1.3.2 Other Permits. CITY further agrees to reasonably cooperate with STROSCHER, at no cost to CITY, in securing any County, State, and Federal permits or authorizations which may be required in connection with Development of the Property that are consistent with the Development Plan and Development Plan Approval(s); provided, that nothing in this Section 3.1.3.2 shall be deemed to require CITY's assumption of any obligations under any said permits or authorizations. 3.1.3.3 Acquisition of Off-Site Property. CITY shall not postpone or refuse approval of any Future Development Approval because STROSCHER or a Development Transferee has failed to acquire off-site property required for the construction or installation of offsite improvements. To the extent CITY, STROSCHER, or a Development Transferee does not have sufficient title or interest to permit any of such offsite improvements that are such entity's responsibility to be constructed or installed at the time the application for a Future Development Approval is processed or approved by CITY, STROSCHER or the Development Transferee shall make a good faith effort to acquire the required property. If STROSCHER or the Development Transferee is unable to acquire the required property, CITY shall consider in good faith the acquisition of the required property. If CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, CITY shall continue to issue the Future Development Approval(s) for the property despite the fact that the offsite improvement has not been completed. Notwithstanding the foregoing, CITY's obligation to continue to issue the Future Development Approvals as provided for in this Section is contingent upon: (i) STROSCHER or the Development Transferee submitting the improvement plans required for the improvement to CITY; and (ii) consistent with Government Code Section 66462.5, STROSCHER. or the Development Transferee entering into a mutually acceptable agreement with CITY that requires STROSCHER or the Development Transferee to pay or reimburse or secure the future payment or reimbursement of CITY for STROSCHER's fair share of the costs incurred in acquiring the land and constructing the applicable offsite improvement(s) at such time as CITY acquires the required land. -10- 3.2 Reserved Authority. 3.2.1 Reservation of Authority With Respect.to Future Develo meat A royals Future Changes in Development Exactions. Notwithstanding any other provision set forth in this Agreement to the contrary, CITY reserves the right after the Effective Date of this Agreement to change the Existing Land Use Regulations applicable to the Property and the Project and to exercise the same degree of discretion and control in its consideration of Future Development Approvals that it would have in the absence of this Agreement to impose conditions under CEQA and other applicable laws and regulations that apply to all similar development throughout the CITY in order to mitigate the Project's impact on the environment, subject to the following limitations: (i) Although CITY reserves the authority to change its Existing Land Use Regulations, no such future changes in the Existing Land Use Regulations shall apply to the Project, if such future changes in the Existing Land Use Regulation would be inconsistent with the Development flan, the Project Development Approvals, or any of the provisions of this Agreement, nor shall any such future changes applicable to the Project materially jeopardize or impair the rights of STROSCITER thereunder or materially increase the cost of Developing the Project; (ii) Upon request by STROSCHER, CITY shall provide written support to STROSCHER, if STROSCHER files a request for waiver or reduction of a Development Exaction imposed by any governmental or quasi-governmental agency, aside from the CITY 3.2.2 Uniform Codes. This Agreement shall not prevent CITY from applying to the Project new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code, and Uniform Dire Code, provided those same standards are applied to all other development within the City of San .Tuan Capistrano. 3.2.3 State and Federal Laws and Regulations. STROSCHEIR. shall comply with all applicable state and federal laws and regulations, provided that nothing in this Agreement shall be deemed to limit or restrict the right of STROSCHER to contest or challenge the validity of any such laws or regulations or their applicability to the Property or the Project. In the event that either CITY or STROSCHER determines that a state or federal law or regulation prevents the frill implementation of the Development Plan and/or any of the Development Plan Approval(s), that Party shall provide the other Party with written notice of the state or federal law or regulation, a copy of the law or regulation, and a written statement of the conflicts between such state or federal law or regulation and this Agreement. Promptly thereafter CITY and STROSCHER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement is required, provided that each Warty reserves its discretion with respect thereto. CITY agrees to cooperate with STROSCHER in resolving the conflict in a manner which minimizes any adverse fiscal or other impact of the conflict upon STROSCHER, provided only that in no event does CITY agree that in such event it will materially increase its financial obligations set forth in this Agreement or otherwise materially increase its obligations. CITY also agrees to process in a prompt manner STROSCHER's proposed changes to the Development Plan and/or Development Plan Approval(s) as may be necessary to comply with such federal or state law or regulation; provided, however, that the -11- approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.2.4 Suspension of Development in Order to Protect Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to suspend the right of STROSCHER to develop all or any portion of the Project in order to protect the public health and safety (e.g., in the event of the unavailability of adequate water, wastewater treatment, or storm drainage facilities). In the event that CITY determines that the public health or safety require a suspension of STROSCHER's right to develop all or any portion of the Project, the scope of the suspension shall be limited to the extent determined by CITY to be reasonably necessary to protect the public health or safety, the term of the suspension shall be limited to the period of time during which the public health or safety concern continues, and CITY shall exercise reasonable good faith efforts to minimize the period of such suspension to the extent that the cause thereof is within CITY's control, As soon as is reasonably practicable after the commencement of an event that results in a suspension of the rights of STROSCHER to develop hereunder due to public health or safety concerns, CITY shall provide STROSCHER with written notice of the existence of such event, a detailed explanation of CITY's proposed action, and a written statement of any conflicts with the provisions of this Agreement that require a suspension of any of the terms hereof. Promptly thereafter CITY and STROSCHER shall meet and confer in good faith in a reasonable attempt to determine wether a modification or suspension of this Agreement in whole or in part, is necessary. In such negotiations, CITY and STROSCHER agree to preserve the terms of this Agreement and the rights of STROSCHER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with STROSCHER in a good faith reasonable effort to resolve any such conflict in a manner which minimizes any adverse financial or other impact of the conflict upon STROSCHER without materially increasing the obligations of CI'T`Y under this Agreement. CITY also agrees in such event to process in an expedited manner STROSCHER's proposed changes to the Development Plan and any previously issued Development Plan Approval(s) as may be necessary to appropriately respond to the public health and safety concern with respect to the portion of the Property owned by STROSCHER; provided, however, that the approval of any such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement, and no such change shall apply to any other portion of the Property without the prior written consent of the owner(s) thereof. 3.3 Further Assurances to STROSCHER ',egarding Exercise of Reserved Authority. The Parties further acknowledge that the public benefits to be provided by STROSCHER to CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property may be developed and used in accordance with the Development Plan and the Development Plan Approval(s). Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 ("Vesting") and 3.2 ("Reserved Authority"), STROSCHER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations, and policies and that in the absence of an express provision set forth in this Agreement such judicial deference might be construed to permit CITY, in violation of the limitations on its reserved authority, to attempt to apply rules, regulations, and policies that are inconsistent with the Development Plan and the Development Plan Approval(s). Accordingly, STROSCHER desires assurances that CITY shall not, and CITY agrees that it shall not, further restrict or limit the Development of the Property in violation of this Agreement except in strict accordance with the reserved authority described in Section 3.2 hereof, which exercising of CITY's reserved authority shall not be considered to be a -12- violation of this Agreement. In this regard, from and after the date that CITY approves the Project, if STROSCHER judicially (including by way of a reference proceeding) challenges CITY's purported exercise of its reserved authority as being in violation of this Agreement, STROSCHER shall bear the burden of alleging that such purported exercise by CITY of its Reserved Authority is inconsistent with the Development Plan or the Development Plan Approval.(s) and CITY thereafter shall bear the burden of proof in establishing by a preponderance of the evidence that such exercise of its Reserved Authority is in accordance with and not a violation of this Agreement. 3.4 Vested Right. By entering into this Agreement and relying; thereupon, STROSCHER is obtaining certain vested rights to proceed with the Development anticipated by the Development Plan and the Development Approvals and in accordance with the terms and conditions of this Agreement (as the same may be amended and supplemented from time to time as expressly set forth herein) and the Existing Land Use Regulations. By entering; into this Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety, and welfare. CITY therefore agrees to the following: 3.4.1 No Conflicting Enactments. Except as provided in Section 3.2 of this Agreement, after the Effective Date neither the City Council .nor any other agency of CITY shall enact a rule, regulation, ordinance, or other measure (collectively, "law") applicable to the Property which is inconsistent or in conflict with this Agreement. Not by way of limitation of the foregoing, any law, whether by specific reference to this Agreement or otherwise, shall be considered to be inconsistent and in conflict with.this Agreement if it has any of the following effects: (i) It limits or reduces the occupancy, density or intensity of the Project as provided for in the Development Plan or the Development Plan Approval(s); or (ii) It imposes Development Exactions on the Property other than those in effect on the Effective Date or as otherwise expressly permitted by Section 3.2.1 of this Agreement. 3.4.2 Consistent Enactments. By way of enumeration and not limitation, the following types of laws shall be considered consistent and.not in. conflict with this Agreement: (i) Laws that provide for the relocation of structures within the Property pursuant to an application from. STROSCHER; and (ii) Any law that is expressly authorized by this Agreement. 3.4.3 Initiative Measures. In accordance with state Iaw, in addition to and not in limitation of the foregoing, it is the intent of STROSCHER and CITY that no moratorium or other limitation (whether relating to the Development of all or any part of the Property and whether enacted by initiative or otherwise) affecting site development permits, precise plans, site development plans, building permits, occupancy certificates, or other entitlements to use approved, issued, or granted within CITY, or portions of CITY, shall apply to the Property to the extent such moratorium or other limitation would restrict STROSCHER's right to Develop the various elements of the Project on the Property in such order and at such rate as STROSCHER deems appropriate. 3.5 Subsequent CEQA Review. -13- 3.5.1 The FIR The CITY certifies that the EIR prepared on behalf of the CITY in conjunction with the Project is a complete and accurate document which satisfies all the requirements of the California Environmental Quality Act ("CEQA," California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 California Code of Regulations 15000 et seq.) with respect to the Project and this Agreement. CITY agrees that no mitigation measures arising out of environmental concerns that are not included in the MMRP for the EIR or this Agreement shall be imposed on the Project except as otherwise provided in this Section. In exercising its legislative discretion to enter into this Agreement and to commit CITY to the completion of the Project, CITY has further reviewed and considered from a variety of perspectives, and has analyzed pursuant to a variety of assumptions, the projected future regional and cumulative environmental demands that will compete with the Project for available capacities and cumulatively add to potential adverse impacts. 3.5.2 Subsequent CEQA Review. In accordance with state law, the Parties to this Agreement intend that the EIR fully and adequately addresses all potential adverse environmental impacts from full development of the Project. After consideration of the potential adverse environmental impacts associated with the Project, the CITY has imposed mitigation measures in accordance with CEQA, as specified in the MMRP to the fullest extent the CITY considers feasible and necessary. The CITY has determined that the Development of the Project in the manner contemplated by the Project Approvals and this Agreement will provide the mitigation measures needed to alleviate short-run and long-run potential adverse environmental impacts created by the Project, and that the public benefits to be derived from the Development of the Project override any potential adverse environmental impacts which may arise from the Development of the Project. Therefore, the CITY agrees that no subsequent or supplemental EIR shall be required by the CITY for any Subsequent Discretionary Project Approvals implementing the Development of the Project unless required pursuant to California Public Resources Code Section 21166 and Title 14 California Code of Regulations, Section 15162. For purposes of this analysis, the term "new information" does not mean discovery that probabilities of adverse (or beneficial) results considered in the approval of this Agreement, the Existing Project Approvals or the EIR may prove incorrect, or that such. probabilities are or are not becoming, or have or have not become, realities; but instead, "new information" .requires that the actual quantitative or qualitative extent.of the underlying issues were not considered and could not have been considered in the environmental analysis associated with the approval of the Existing Project Approvals, this Agreement and the EIR. 3.6 Subsequent Project Approvals. 3.6.1 Basis for Denyina or Conditional Granting.Subsequent. Pro'ect A rovals. The CITY is bound to permit the uses on the Property that are permitted by the Existing Land Use Regulations and the Development Plan Approvals, The CITY agrees to grant and implement all Ministerial Approvals, as long as the Ministerial Approvals comply with the Existing Land Use Regulations, the Agreement, and are consistent with the Development Plan Approvals, including but not limited to, building plans and permits, specifications. reclamation plans, landscape plans, grading plans and permits, and use permits reasonably necessary or desirable to accomplish the goals, objectives, policies and plans described in this Agreement. This Agreement shall not prevent the CITY from denying or conditionally approving any Discretionary Approval on the basis of the Existing Land Use Regulations, subject, however, to the provisions of Sections 3.1 and 3.4 of this Agreement. -14- 3.6.2 Duty to Grant and Im lement. Subject to the requirements of state law and the CITY Municipal Code, the CITY's obligation to grant and implement any Ministerial or Discretionary Approvals shall not infringe upon the CITY's right to withhold such Future Development Approvals for failure of the applicable Application to conform to the Existing Land Use Regulations. If the CITY rejects an application for a Ministerial or Discretionary Approval., it shall provide, in good faith, a specific list of reasons why the application was rejected, along with a description of reasonable measures ("Measures to Correct") to correct each basis for rejection. If Developer resubmits its application incorporating all the Measures to Correct, the CITY shall not unreasonably deny Developer's application. 3.6.3 Processing Obligations. The CITY hereby agrees that it will accept from the Developer for processing and review all applications for Future Development Approvals, in accordance with the Existing Land Use Regulations. To the fullest extent allowed by law, the CITY shall process all applications filed in connection.with the Development of the Project as expeditiously as possible and shall complete at the earliest possible time all steps necessary for the implementation of this Development Agreement and the Development of the Project, including, but not limited to, the following: (a) The processing of applications for and the issuance of all. Project Approvals requiring the exercise of judgment and deliberation by the CITY, including without limitation, the Subsequent Project Approvals; (b) The retention, upon the Developer's request, of outside plan check consultants, to be selected by CITY, in consultation with S`I'ROSCIIER, to assist in processing of applications and plans (including infrastructure and storm drain plans), at the Developer's cost; (c) The holding of any required public hearings; and (d) CITY performance of all required inspections called for by Developer within fifteen (15) business days following the request for inspection by Developer. 3.6.4 Changes_ in the Project. In accordance with the City Municipal Code, CITY acknowledges that the Developer may in the future desire to change or modify the Project based on precise planning, changes in market demand for aggregate products, changes in. development occurring in the vicinity of the Property, or other factors. All such Project revisions shall be subject to the provisions of Subsections 3.5.1, 3.5.2, 3.6.1, 3.6.2 and 3.6.3 of this Agreement. In such event, CITY shall cooperate with Developer to expeditiously review and take final action on such requested changes in accordance with the Existing Land Use Regulations. No change to the Project which is consistent with the Existing Land Use Regulations shall require an amendment to this Agreement and, in the event any change to the Project proposed by Developer is approved by the CITY, the references in this Agreement to the Project of applicable portion thereof shall be deemed to refer to the Project as so changed. 3.7 Development Impact Fees. Notwithstanding anything to the contrary in this Agreement, and subject to the provisions of Section 3.7.1, the only Development Impact Fees that may be applied to the Project, Developer or Property in connection with the Project shall be those existing on the Entry Date. Development Impact Fees shall be paid at the fee rate in effect at the -15- time when payment for such fees is due and payable, for the portion of the Property to which such fees apply. 3.7.1 Applicability of Temporary Reductions in Develo ment Im act Fees. On July 20, 2010, the City Council adopted Resolution No. 10-7-20-01, mandating a seventy-five percent (75%) reduction in sewer, traffic, and water Development Impact Fees for hotels and vehicle dealerships from the rate otherwise applicable for commercial/industrial uses (collectively, the "Decreased Impact Fees"). Notwithstanding the July 31, 2011 expiration date of Resolution No. 10- 07-20-01, the Project shall be subject to the Decreased. Impact Fees, as long as the first building permit for construction of the hotel building is issued on or before the second (2"d) anniversary of the Effective Date. If the first building permit for construction of the hotel building is issued after the second(2❑d) anniversary of the Effective Date and before the third (3`d) anniversary of the Effective Date, then the Project shall qualify for a fifty percent (50%) reduction in sewer, traffic and water Development Impact Fees. If the first building permit for construction of the hotel building is issued after the third (3`d) anniversary of the Effective Date and before the fourth (4th) anniversary of the Effective Date, then the Project shall qualify for a fifty percent (25%) reduction in sewer, traffic and water Development Impact Fees. No reduction will be available after the fourth (4th) anniversary of the Effective Date. Pursuant to Resolution No. 10-7-20-01, the Decreased Impact lees shall apply to the hotel portion of the Project. Furthermore, the parties agree that if the expiration date of Resolution 10-7-20-01 is extended or a similar fee reduction program is established which provides lower fees than those stipulated to herein, the lower fee program shall apply. 3.7.2 Develoer's Ri ht to Contest Increases in Development. Impact Fees. Nothing in this Agreement shall prevent Developer from contesting, in any appropriate forum, the imposition or the amount of any new Processing Fees or any increase in the Development Impact Fees. Such right of protest shall not extend to the current amount of any Development Impact Fees or Processing Fees in effect as of the Entry Date of this Agreement, and the Developer hereby agrees to pay the same pursuant to the terms of this Agreement acid the CITY's normal fee payment schedule. Notwithstanding any pending contest of such fees, CITY shall proceed with issuance of all required Project Approvals and shall not withhold or delay issuance of those Project Approvals based upon any pending protest or appeal with respect to such fee. 3.8 Amendment of Development A reemcnt. 3.8.1 Initiation of Amendment. Any Party may propose an amendment to this Agreement, and all Parties agree that it may be beneficial to enter into additional written agreements or modifications of this Agreement in connection with the Development of the separate components of the Development Plan. Notwithstanding any provision of this Agreement to the contrary, no amendment to the Development Plan or to any conditions of approval contained therein shall require an amendment of this Agreement. 3.8.2 Procedure. Except as set forth in Section 3.8.4 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. -16- 3.8.3 Consent. Except as expressly provided in this Agreement, any amendment to this Agreement shall require the written consent of all affected Parties. An amendment to this Agreement shall not be deemed to affect a portion of the Property if it does not alter, jeopardize, or impair the rights and does not increase the obligations of STROSC14ER that owns said portion of the Property. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the affected Parties. 3.8.4 Operating Memoranda. The Parties acknowledge that refinements and further development of the Development Plan may demonstrate that changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are minor in nature and are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through operating memoranda mutually approved by the Parties, which, after execution, shall be attached hereto as addenda and become a part hereof and which may be further changed and amended from time to time. The City Manager shall have the authority, on behalf of CITY, to approve and execute such operating memoranda and STROSCHER shall have the authority, on behalf of STROSCHER, to approve and enter into such operating memoranda. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall. require prior notice or hearing. 3.9 Future Amendments to Development Plan. Subject to the provisions of Sections 3.5 and 3.6 of this Agreement. The following rules apply to future amendments to the Development PIan: 3.9.1 STROSCHER.'s Written Consent. Any Development Plan amendment to which STROSCHER does not agree in writing shall not apply to the Property while this Agreement is in effect. 3.9.2 Concurrent Development Agreement Amendment. Any Development Plan amendment requiring amendment of this Agreement shall be processed concurrently with an amendment to this Agreement. 3.9.3 Effect of Amendment. Except as expressly set forth �in the Development Plan amendment itself or this Agreement, a Development Plan amendment shall not alter, affect, impair, or otherwise impact the rights, duties, and obligations of the Parties set forth in this Agreement. 4. Miscellaneous Oblizations of the Parties. 4.1 STROSCHER's Obligations, 4,1.1 Project Conformance with CITY Policies and Its General Plan. The Project shall conform to CITY's goal to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, state-of-the-art development standards, and planning concepts. The traffic and circulation elements of the Development Plan will conform to CITY's General Plan. -17- 4.12 Dedication of Easement Interest for Parking Lot Air Space Parcel. As depicted in Exhibit "B" prior to approval of a final map for the Property, STROSCHER shall dedicate to the CITY, an easement interest in the Parking Lot Air Space Parcel. If the CITY does not accept this dedication before this Agreement expires, then the CITY agrees that the Parking Lot Air Space Parcel will revert to STROSCHER. In no event shall dedication of the easement interest of the Parking Lot Air Space Parcel eliminate any of the Project's parking spaces, and future improvements in this air space shall not disrupt the Development or operation of the Project. 4.1.3 Water System Upgrade. Project Mitigation Measure MM 4.11.201b and Project Condition of Approval No. 48 require STROSCHER to construct a loop system to run from a POG in the 350C system at the intersection of El Homo and the 1-5 Freeway ("El Homo Section") to a connection to the 3500 system at the intersection of Ortega Highway and Avenida Los Cerritos ("Ortega Section"). Compliance of these conditions may be resolved as follows: a. During the future reconstruction of the Ortega Bridge over the 1-5, CITY has requested Caltrans to provide for the water interconnect required to create the Ortega Section loop. Should the El Horno Section provide sufficient fire flow as determined by the fire marshall, STROSCHER shall not be required to construct the Ortega Section. Prior to the time the Ortega Section is to be constructed, STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction and/or the Parties may enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the Ortega Section. construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section. b. STROSCHER shall construct the El Homo Section to provide sufficient fire flow to the Property as determined by the fire marshall. STROSCHER and CITY may reconsider STROSCHER's fair share for the cost of construction should new development be proposed, which would benefit from the El Ilorno Section construction. The Parties may further enter into a reimbursement agreement to specify STROSCHER's fair share and reimbursement should new development be proposed, which would benefit from the El Homo Section construction. City will waive this requirement in the event that grant funding becomes available to fund the construction of the Ortega Section. 4.2 CITY's Obligations. 4.2.1 Undm,,rounding of Power Lines. Subject to exercising its legislative discretion, CITY shall consider the creation of a utility district ("Utility District") to fund the Undergrounding of Power Lines. Regardless of when the Utility District is formed, the Utility District shall be responsible for funding, designing, and constructing the Undeigrounding of Power Lines. STROSCHER shall support creation of a Utility District, and agrees to have the Property subject to assessment, if such a district is formed by CITY. In such a situation, STROSCHER shall be deemed to have satisfied Project Condition of Approval No. 118. If formed, the Utility District shall consist of additional benefitted properties, in addition to the Property. If CITY has not created the Utility District, and not imposed the assessment on relevant properties in the area, including the Property, before issuance of the first (1") certificate of occupancy for the Project, CITY agrees that STROSCHER shall have no obligation to Underground the Power Lines, and STROSCHER shall not be required to comply with Project Condition of Approval No. 118. If CITY forms and funds the Utility District after the issuance of the first (1") certificate of occupancy, STROSCHER shall support creation of the Utility District and agrees to have the Property subject to assessment, if such -18- district is formed by the CITY. If CITY or the Utility District elects to Underground the Power Lines, STROSCHER agrees to provide CITY or Utility District with a temporary construction easement, with the terms of such easement to be mutually agreed upon by the Parties, to allow the. undergrounding of the lines to occur. 4.2.2 Reconstruction of Project Entryway. Subject to exercising its legislative discretion, CITY agrees to assist STROSCHER in its attempts to have Caltrans reconstruct the Project entryway, due to the future relocation and expansion of Ortega Highway. CITY's assistance to STROSCHER shall not include any financial assistance unless CITY, in its sole discretion, determines to provide financial assistance. 4.2.3 Reversion of Portions of the OrteHighway Rights-of Way. Subject to exercising of its legislative discretion, CITY agrees to undertake all reasonable good faith efforts to reconvey to STROSCHER the Excess Ortega Rights-of-Way. 5. Indemnification. Except to the extent of the gross negligence or willful misconduct of CITY and its agents, officers, contractors, attorneys, and employees (the "Indemnified Parties"), STROSCHER, and with respect to the portion of the Property transferred to them, the Development Transferee agree: to indemnify, defend, and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to third parties and alleging that CITY is liable therefor as a direct or indirect result of CITY's approval of or performance under this Agreement. The duties of STROSCHER under this Section 5 are solely subject to and conditioned upon the Indemnified Parties' written request to STROSCHER to defend and/or indemnify CITY. Without in any way limiting the provisions of this Section 5, the Parties hereto agree that this Section 5 shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. 6. Relationship of Parties. The contractual relationship between CITY and STROSCHER is such that STROSCHER is an independent contractor and not an agent or employee of CITY. CITY and STROSCHER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Property shall be construed as making CITY and STROSCHER joint venturers or partners. 7. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the Parties in the manner provided for in Government Code Section 65868. No amendment or modification of this Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each Party hereto. This provision shall not limit any Party's remedies as provided by Section 9. -19- S. Periodic Review of Compliance with A reement. 8.1 periodic Review. CITY and STROSCHER shall review this Agreement at least once every 12-month period from the date this Agreement is executed, in September or such other month as the CITY may notify STROSCHER. CITY shall notify STROSCHER in writing of the date for review at least thirty (30) days prior thereto. Such.periodic review shall be conducted in accordance with Government Code Section 65865.1. 8.2 Good Faith Compliance. During each periodic review, STROSCHER shall be required to demonstrate good faith compliance with the teres of this Agreement. STROSCHER agrees to furnish such reasonable evidence of good faith compliance as CITY, in the exercise of its reasonable discretion, may require. If requested by STROSCHER, CITY agrees to provide to STROSCHER a certificate that STROSCHER or its Development Transferee is in compliance with the teres of this Agreement, provided STROSCHER reimburses CITY for all actual and direct costs and fees incurred by CITY with respect thereto. If CITY fails to undertake the annual review process specified in Section 8.1 of this Agreement, STROSCHER shall be deemed to be in fill compliance with the Agreement, and the Agreement shall be deemed to be in full force and effect. 8.3 failure to Conduct Annual Review. The failure of CITY to conduct the annual review shall not be a Default by STROSCHER, nor shall any such failure alter, suspend, or terminate any of the Parties' other rights and obligations hereunder. Aside from the provisions of Section 8.2 of this Agreement, STROSCHER shall not be entitled to any remedy for a failure by CITY to conduct this annual.review. 8.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to STROSCHER. Within thirty (30) days following receipt of such notice, STROSCHER shall submit evidence to the City Council of STROSCHER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as is provided in Sections 8.1 and 8.2 and the Development Agreement Legislation for the annual review. The City Council shall initiate its review pursuant to this Section 8.4 only if it has probable cause to believe CITY's general health, safety, or welfare is at risk as a result of specific acts or failures to act by STROSCI IER. 8.5 Administration of Agreement. Any final decision by the CITY's staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by STROSCHER to the City Council, provided that any such appeal shall be filed with the City Clerk within ten (10) days after STROSCHER receives written notice that the staff decision is final. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse, or modify the staff decision within thirty (30) days after the appeal is so filed. 8.6 Availability of Documents. If requested by STROSCHER, CITY agrees to provide to STROSCHER copies of any documents, reports, or other items reviewed, accumulated, or prepared by or for CITY in connection with any periodic compliance review by CITY, provided STROSCHER reimburses CITY for all reasonable and direct costs and fees incurred by CITY with respect thereto. CITY shall respond to STROSCHER's request on or before ten (10) business days have elapsed from CITY's receipt of such request. -20- 9. Events of Default: Remedies and Termination. 9.1 Defaults by STROSCHER_ If CITY determines on the basis of a preponderance of the evidence that STROSCHER has not complied in good faith with the terms and conditions of this Agreement, CI'T'Y may, by written notice to STROSCHER, specify the manner in which STROSCHER has failed to so comply and state the steps STROSCHER must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from CITY specifying the manner in which STROSCHER has failed to so comply, STROSCHER does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then STROSCHER shall be deemed to be in default under the terms of this Agreement (a "Default"). In such event, CITY may terminate this Agreement pursuant to Government Code Section 65565.1 with respect to the Property. In material event of Default by STROSCHER, except as provided in Section 9.3, CITY's sole remedy for any breach of this Section 9.1 shall be CITY's right to terminate this Agreement. 9.2 Defaults by CITY. If STROSCHER determines on the basis of a preponderance of the evidence that CITY has not complied in good faith with the terms and conditions of this Agreement, STROSCHER may, by written notice to CITY, specify the manner in which CITY has failed to so comply and state the steps CITY must tape to bring itself into compliance. If, within sixty (60) days after the effective date of notice from STROSCHER specifying the manner in which CITY has failed to so comply, CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then CITY shall be deemed to be in default under the terms of this Agreement (a "Default"). In such event, STROSCHER's sole remedy is to terminate this Agreement with respect to the Property or pursue specific performance as set forth in Section 9.3. 9.3 Specific Performance Remedy. Due to the size, nature, and scope of the Development Playa, it will not be practical or possible to restore the Property to its pre-development condition once implementation of this Agreement has begun. After such implementation, STROSC14ER may be foreclosed from other choices they may have had to utilize the Property and provide for other benefits. STROSCHER has invested significant time and resources and performed extensive planning and processing of the Development Plan and Development Plan Approval(s) in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development Plan. and Development Plan Approval(s) in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate STROSCHER for such efforts. For the above reasons. CITY and STROSCHER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Agreement and that STROSCHER shall have the right to seek and obtains injunctive relief and specific performance as a remedy for any Default by CITY hereunder. CITY and STROSCHER further acknowledge that, if STROSCHER fails to carry out its obligations under this Agreement, CITY shall have the right to refuse to issue any permits or other approvals which STROSCHER otherwise would have been entitled to pursuant to this Agreement that are related to and depend upon STROSCHER's performance hereunder. Therefore, CITY's remedy of specific performance pursuant to Section 9.1, or else the remedy of terminating this Agreement as to the portion of the Property as to which a material breach of Section 9.1 exists shall be sufficient in most circumstances if STROSCHER fails to carry out its obligations hereunder. Notwithstanding the foregoing, if CITY issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied in the future, and if -21- STROSCHER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing STROSCHER to satisfy such condition_ CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause STROSCHER to otherwise proceed with the Development of the Property in any manner. 9A Institution of Legal Action. Except to the extent a non-Defaulting Party's rights or remedies are limited by the express provisions set forth herein, STROSCHER or CITY may institute legal action to cure, correct, or remedy any Default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any Default, or to obtain any other remedies consistent with the purpose of this Agreement. Such legal action shall be heard by a reference from the Orange County Superior Court. 9.5 Estoppel Certificates. Any Party or the holder or prospective holder of a mortgage or deed of trust secured by an interest in any portion of the Property (a "holder") may at any time during the Term of this Agreement deliver written notice to the ether Party requesting an estoppel certificate (the "Estoppel Certificate") stating: (i) The Agreement is in full force and effect and is a binding obligation of the Parties; (ii) This Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; (iii) No Default exists hereunder, nor would any Default exist with the passage of time or the giving of notice, or both, or, if a :Default or failure does exist, the nature thereof and the actions required to be taken by the non-performing Party to cure the Default or prevent the same from occurring; and (i.v) Any other matter affecting the status of the rights and obligations of the Parties hereunder as to which the requesting Party or the holder may inquire. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party or holder within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certif cater on behalf of CITY. An Estoppel Certificate may be relied on by the holder and by Development Transferees. In the event that one Party requests an Estoppel Certificate from another Party of Parties, the requesting Party shall reimburse the other Party or Parties for all actual and direct costs and fees incurred by such Party or Parties with respect thereto. 10. Waivers and Delays, 10.1 No Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by another Party, and failure by a Party to exercise its rights upon a Default by another Party hereto, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party or Parties in the future for the same, similar, or any different Default. -22- 10.2 Third Parties. The Parties' respective performance obligations hereunder shall not be delayed or excused because of any act or failure to act by a third person, except as provided in Section 10.3. 10.3 Force Majeure. Notwithstanding any other provision set forth in this Agreement to the contrary, STROSCHER shall not be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond STROSCHER's control, STROSCHER's inability to obtain required permits or approvals from governmental agencies with jurisdiction over the applicable portions of the Property and the Project, government regulations (including, without limitation, local, state, and federal environmental. and. natural resource regulations), voter initiative or referenda, moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6), litigation., or any other causes that are without the fault and beyond the reasonable control of STROSCHER. 10.4 Extensions. In addition to qualifying for a possible extension of the Term of this Agreement, as provided in Section 2.3, the Term of this Agreement and the times for performance by STROSCHER or CITY of any of its obligations hereunder or pursuant to the Development Plan Approval(s) shall be extended by the period of time that any of the events described in Section 10.3 exist and/or prevent performance of such obligations, In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay which occurs during the Term: (i) The period of time after the Effective Date during which litigation challenging the validity or enforceability of this Agreement or related to the Development Plan Approval(s) or having the actual effect of delaying implementation of the Development Plan is pending, including litigation pending on the Effective Bate. This period shall include any time during which appeals may be filed or are pending; and (ii) Any delay resulting from the acts or omissions of CITY or any other governmental agency or public utility and beyond the reasonable control of STROSCHER. 10.5 Notice of Delay. STROSC14ER shall give notice to CITY of any delay which STROSCHER believes to have occurred as a result of the occurrence of any of the events described in Section 10.3. For delays of six months or longer, this notice shall be given within a reasonable time after STROSCHER becomes aware that the delay has lasted six months or more. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or thirty days before the end of the Term, whichever comes first. 1.1. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt requested. Notices to CITY shall be addressed as follows: City of San Juan Capistrano 32400 Pasco Adelanto -23- San Jean Capistrano, CA 92675 Attention: City Manager with a copy to: Woodruff; Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, CA 92626 Attention: Omar Sandoval, City Attorney Notices to STROSCHER shall be addressed as follows: Gretchen Stroscer Thomson Stroscher G3, LLC P.O. Box 129 San Joan Capistrano, CA 92693 Tom Merrell Civic Solutions, Inc. 27362 Calle Arroyo San Juan Capistrano, CA. 92675 with a copy to: Allem Matkins Leek Gamble Mallory & Natsis LLP 1900 Main Street, 5"' Floor Irvine, CA 92614 Attention: John Condas, Esq. Any notice given as required herein shall be deemed given only if in writing and upon delivery personally or by independent courier service. A Party may change its address for notices by giving notice in writing to the other Parties as required herein and thereafter notices shall be addressed and transmitted to the new address. CITY shall additionally provide written notice of any Default by STROSCHER (including, as applicable, any Development Transferee) and any act or omission by STROSCHER (or such Development Transferee) that would constitute a Default with the passage of time or giving of notice or both, to the holder of any mortgage or deed of trust secured by all or any interest in the Property which (i) delivers a written notice to CITY requesting such notices and (ii) provides CITY with such holder's address(es) for notice purposes. 12. Attorneys' Fees. If Iegal action is brought by one Party against another Party for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution to the costs of the referee referred to in Section 9.4 above as an item of damage and/or recoverable costs. -24- 13. Recording. This Agreement and any amendment or cancellation hereto shall be recorded against the Property at no cost to CITY, in the Official Records of Orange County by the City Clerk within the period required by Section 65868.5 of the Government Code. Notwithstanding the foregoing. in no event shall any failure or delay in recording this Agreement and any amendment to this Agreement limit or restrict the validity or enforceability of this Agreement. 1.4. Effect of Agreement on Title. 14.1 Effect on Title. The Parties agree that this Agreement shall not continue as an encumbrance against the Property once the Agreement has terminated. 14.2 Encumbrances and Lenders' Rights. The Parties hereby agree that this Agreement shall not prevent or limit STROSCHER (including without limitation any Development Transferee hereunder), at any time or from time to time in any manner, at its or their sole discretion, from encumbering the Property, the improvements thereon, or any portion thereof with any mortgage, deed of trust, sale and leaseback arrangement,or other security device. CI'T'Y acknowledges that the holder of any such security interest in all or any portion of the Property may require certain clarifications, interpretations, or modifications to this Agreement or the Development flan and CITY agrees, upon request, from time to time, to meet with the applicable Party and/or representatives of any such holder to negotiate in good faith any such request for clarification, interpretation, or modification. CITY further agrees that it will. not unreasonably withhold its consent to any such requested clarification or interpretation to the extent such clarification or interpretation is consistent with the intent and purpose of this Agreement. A Default tinder this Agreement shall not defeat, render invalid, diminish, or impair the lien of any such holder. The mortgagee of a mortgage or beneficiary of a deed of trust or holder of any other security interest in the Property or any portion thereof and its or their successors and assigns, including without limitation the purchaser at a judicial or non judicial foreclosure sale or a person or entity which obtains title by deed-in-lieu of foreclosure (collectively, a "holder") shall be entitled to receive a copy of any notice of Default (as defined in Section 9.1 hereof) delivered to STROSCHER as to whose portion of the Property such a Default exists and, as a pre-condition to the institution of legal proceedings or termination proceedings, CITY shall deliver to all such holders written notification of any Default by STROSC14ER in the performance of its obligations under this Agreement which is not cured within sixty (60) days (the "Second Default Notice") and shall allow the holder(s) an opportunity to cure such Defaults as set forth herein. The Second Notice of Default shall specify in detail the alleged Default and the suggested means to cure it. After receipt of the Second Default Notice, each such holder shall have the right, at its sole option, within ninety (90) days to cure such Default or, if such Default cannot reasonably be cured within that ninety (90) day period, to commence to cure such Default, in which case no Default shall exist and CITY shall take no further action. Notwithstanding the foregoing, if such Default shall be a Default which can only be remedied by such holder obtaining possession of the applicable portion of the Property, and such bolder seeks to obtain possession, such holder shall have until ninety (90) days after the date obtaining such possession to cure or, if such Default cannot reasonably be cured within such period, then to commence to cure such Default. Further, a holder shall not be required to cure any non-curable Default of STROSCHER, and any such Default shall be deemed cured if any lender obtains possession. -25- 15. Severability of Terms. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal. finds that the invalidity was not a material part of consideration for the affected Party or Parties. The covenants contained herein are mutual covenants. The covenants contained herein constitute conditions to the concurrent or subsequent performance by each Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 16, SubsNuent Amendment to Authoriziny, Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Effective Date. Accordingly, to the extent that subsequent amendments to the Development Agreement Legislation would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date. 17. Rules of Construction and Miscellaneous Terms. 17.1 Interpretation and Governing Lay. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the internal laws of the State of California, with regard to conflict of laws rules. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, CITY's police powers. In this regard, the Parties understand and agree that this Agreement is a current exercise of CITY's police powers and except as expressly provided for herein this Agreement shall not be deemed to prevent the future exercise by CITY of its lawful governmental powers over the Property. 17.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 173 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 17.4 Time of Essence. Time is of the essence regarding each provision of this Agreement as to which time is an element. 17.5 Recitals. All Recitals set forth herein are incorporated in this Agreement'as though fully set forth herein. 17.6 Entire Agreement. This Agreement constitutes the entire agreement between and among the Parties with respect to the subject matter hereof, and this Agreement supersedes all previous negotiations, discussions, and agreements between and among the Parties with respect thereto. -26- 18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of CITY and STROSCHER and their respective Development Transferees and shall not be construed to benefit or be enforceable by any third party, excepting only to the extent of the limited rights provided to the holders of security interests in all or a portion of the Property. 19. Cooperation in Event of Legal Challenge. CITY agrees to cooperate with STROSCHER as may be needed in order to keep this Agreement in full force and effect during the entire Term. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity or enforceability of any provision of this Agreement or any of the Development Plan Approval(s) (including without limitation any Future Development Approvals after the same have been issued by CITY), the Parties hereby agree to cooperate in defending such action and, in this regard, CITY shall not allow its default to be taken in such legal action or otherwise compromise the legal action without STROSCHER's prior written consent. In the event of any such litigation, to the maximum extent permitted by law this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. Notwithstanding the foregoing, STROSCHER shall be responsible for all costs, including but not limited to attorney's fees, costs, expert witness fees, and the like, incurred with respect to any such litigation. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year dated below. Dated: �� , 2011 "CITY" CITY OF SAN JUAN CAPISTRANO, a municipal corporation By: Name: ,nr ' 4.Z a .V- „: Title: Mayor ATTE 'T City`Cl rl APPROVED AS TO FORM' City Attorney °. Dated: 2011 "STROSCHER" -27- PtiBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On 10 28, 2011. before rne, Maria_ Morris, City Clerk. personally appeared Sam Allevato, Mayor, who proved to me on the basis of satisfactory evidence'to the be person(s) whose names) is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the satire in his/her/their authorized capacity, and that by his/her/there signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) i W1TNE S S y handand official seal. Maria Q ris, City Clerk OPTIONAL Capacity Claimed by Signers Description of Attached Document Title or Type of Document Mayon Development Agreement (Plaza Banderas Title Hotel and Mixed Use Project) City of San Juan Capistrano and Stroscher G3, LLC Signer is Representing Date of Document: July S, 2011 City of San Juan Capistrano Number of Pages: 194 STROSCH.LR G3, LLC, a California limited liability company By: Stroscher Capistrano, LLC, a Delaware limited. liability company Its: Sole M ber By: Gretchen en Thomson, as Trustee of the Thomson.Family Trust a/d/t dated October 8, 1990 Its- Authorized Person -28- STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On o'j- l Iq / �_, 1..1 , before me, fav q Cc a Notary Public, personally appeared ' -- vS proved to ane on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness nay hand and official seal. AVNEET 8BEDf �n o ublic - ` NOTARY PUBLIC CALIf RMA Ul Mr COMM,Exn,DEC6 . ,2013 [.S EAL STATE OF CALIFORNIA ) ss COUNTY OF ORANGE j On , before tree, , a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness any hand and official seal. Notary Public [SEALI EXHIBIT"A" LEGAL DESCRIPTION OF THE STROSCHER PROPERTY PARCEL DESCRIPTIONS PARCELS: THAT PORTION OF LOT 12 OF TRACT NO-103,IN THE COUNTY OF ORANGE,STATE OF CALTFOR- BEGINNING AT A POINT ON THE WESTERLY LINE OF SA[D LOT 12,NORTH 8'18?07"WEST 354. NIA,AS PER MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, 00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 12;THENCE SOUTH 84'277 07"FAST IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: 129,00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 8'IS?07 BEGINNING AT THE SOUTHWEST CORNER Of SAID LOT 12,THENCE NORTH VIS?07"WEST 154.00 "EAST 155.00 FEET,MORE OR LESS,TO THE NORTHERLY LINE OF THAT CERTAIN 80.00 FOOT FEET ALONG THE WESTERLY LINE OF SAID IAT;THE CE SOUTH 84'27?07"EAST 129.00 FEET STRIP OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 28, PARALLEL WITH THE NORTHERLY LINE OF SAID LOT;THENCE SOUTH 8'187 07"RAST 155.00 FEET, 1940 IN BOOK 1049,PAGE 349,OFFICIAL RECORDS,BEING ACQR.VE CONCAVE NORTHERLY MORE OR LESS,TO THE NORTHERLY LINE OF THAT CERTAIN 80.00 FOOT STRIP OF LAND CON- VEYED TO THE STATE Of CALIFORNIABY DEED RECORDED RM 28,1940 IN BOOK 1049.PAGE 349 ANDHAVINGA RADIUS OF 96fl.00 FEET.THENCE EASTERLY 11.44 FEET ALONG SAID CURVE OF OFFICIAL RECORDS,BEING CURVE CONCAVE NORTHERLY AND HAVING ARADIUS OF 960.00 TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE DEED TO THE FEET,THENCE.WESTERLY ALONG SAID NORTHERLY LINE AND ALONG THE SOUTEIERLY LINE OF STATE OF CALIFORNIA RECORDED NOVEMBER 21,1957 IN BOOK 4110,PAGE 520,OFFICIAL SAID LOT 12 TO THE POINT OF BEGINNING.APN:124-170.14 RECORDS;THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE TO TEE SOUTH- WESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2 OF SAID DEED RECORDED IN BOOK PARCEL 2: 4110,PAGE 520,OFFICIAL RECORDS;THENCE ALONG SAID SOUTHWESTERLY LINE,NORTHI 58` THAT PORTION OF LOT 12 IN TRACT NO,103,IN THE COUNTY OF ORANGE,STATE OF CALIFORNIA, 28?05"WEST 174.39 FEET TO THE NORTH LINE OF SAID LOT 12:THENCE ALONG SAID NORTH AS PER MAP RECORDED IN BOOK IT,PAGES 29 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS,IN LINE NORTH 94'27?07"WEST 435.25 FEET TO A POINT SOUTH 84'27?07"EAST 120.00 FEET -IM OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOT 12;THENCE AT RIGHT ANGLES SOUTH 5'32? BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 12,NORTH 8'18?07"WEST,154. 1 - FEET FROM THE SOUTHWEST CORNER OF SAID LOT'12;THENCE SOUTH 84'27?07"EAST 129.00 53°WEST 60.00 FEET;THENCE AT RIGHT ANGLES NORTH 84'27?07"WEST 105,21 FEET To TI-SE FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 8'187 07"EAST WEST LINE OP SAID LOT 12;THENCE SOUTH S'18?07"EAST 86.41 FEET TO THE POINT OF 155.00 FEET,MORE OR LESS,TO THE NORTHERLY LINE Of THAT CERTAIN 80.00 FOOT STRIP OF BEGINNING. LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED TUNE 28,1940 IN BOOK EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: 1049,PAGE 349 OF OFFICIAL RECORDS,BEING A CURVE CONCAVE NORTHERLYAND HAVING A BEGINNING AT APOINT ON THE WESTERLY LINE OF SAID LOT 12,NORTH 8'18?07"WEST 154. RADIUS OF 950.00 FEET;THENCE EASTERLY 11.40 FEET ALONG SAID CURVE TO THE NORTHWEST- 0 0 FEET FROM THE SOM'HWEST CORNER OF SAID LOT 12:THENCE SOUTH 84'27?07'EAST ERLY LINE OF THE LAND DESCRIBED AS PARCEL 1,IN THE DEED TO THE STATE OF CALIFORNIA 129.00 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 8'18? RECORDED NOVEMBER 21,1957 IN BOOK 4110,PAGE 520 OF OFFICIAL RECORDS;THENCE NORTH 07"EAST 155.00 FEET,MORE OR LESS TO THE NORTHERLY LINE OF THAT CURTAIN 80:00 FOOT 73'02113"EAST ALONG SAID NORTHWESTERLY LINE TO A LINE PARALLEL WITH AND EASTERLY 70.00 FEET,MEASURED AT RIG1940 IN BHT ANGLES FROM THE LAST DESCRIBED LINE HAVING A BEARING STRIP 13 LAND CONVEYED THE STATE CALIFORNIA BY DEED RECORDED RUNE 28. OF SOUTH 8'187 07"EAST;THENCE ALONG SAID PARALLEL LINE NORTH 8'187 07"WEST TOA OOK 1049,PAGE 349,,OOFFICIAL RECORDS,BEING ACURVE CONCAVE NORTHERLY A LINE PARALLEL WITH AND NORTHERLY 70,00 FEET,MEASURED AT RIGHT ANGLES FROM THE HAVING A RADIUS OF 460.00 FEET;THENCE EASTERLY 1I,4b FEET ALONG SAID CURVE COURSE DESCRIBED ABOVE AS BEARING SOUTH 8427?07"FAST 129.00 FEET;THENCE ORTH 84' TO THE NOR71PNESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1,IN THE DEED TO THE 27?07"WEST ALONG SAID PARALLEL LINE TO THE WESTFRLX LINE Of SAID LOT 12;THENCE STATE OF CALIFORNIA,RECORDED.NOVEMBER 21,1957 IN BOOK 4110,PAGE 520,OFFICIAL SOUTH 8'IS?07"EAST 72.10 FEET TO THE POINT OF BEGINNING. RECORDS;THENCE NORTH 73'02?13"EAST ALONG SAID NORTHWESTERLY LINE TO A LINE APN:124470-12 PARALLEL WITH AND EASTERLY 70.00 FEET,MEASURED AT RIGHT ANGLES FROM THE LAST DESCRIBED LINE HAVING ABEARING OF SOUTH 8'18?08"EAST;THENCE ALONG SAID PAR- PARCEL 3: ALLEL LINE NORTH S'18?07"EAST 129.00 FEET;THENCE NORTH 84'277 07"W EST ALONG THAT PORTION OF LOT 12 OF TRACT NO,103,IN THE CITY OF SAN JUAN CAP€STRANO.AS SHOWN SAID PARALLEL LINE TO THE WESTERLY LINE OF SAM LOT 12;THENCE SOUTH 8'187 07" ON A MAP THEREOF RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE,MISCELLANEOUS MAPS, EAST 72.10 FEET TO THE POINT OF BEGINNING, RECORDS OF SAID ORANGE COUNTY,DESCRIBED AS FOLLOWS: APN:124-170-15 and 124-170-16 i k 'RINGST'REET 7 ; I 5,sa i .aVzCuq . ,. _ _-..-frsa W-4 4 S/i o`�IN - ��....�..-s ,, iw -I f.A I� 1 i +u2vtl'U' �� d r a` r E PARCEL 2 PARCEL 1 {1.56 1 AC. AC: '"°•"max r ,ate 5S e PARCEL 7 x 0.45 AC. g. ^ CCS R,YIII - 1 e-ten_ar +''I s.a.w' i -4��'••a ..-. - t- .ar sarrar f1 , 14,Irl f.sP+th vx,ca c �I �i m�• �" .r^-.. ... yw z= 3 7— ._... _^ fir-^ NCO= r .l�- 1+aTpwiwyrcc° - - w - ,.a cr lsmri-�� 'rr..•�'1�s n-�";._. ,.....�._ .....-_m.— _ •--Mc'>-sn miss e°s taeirvl r' 1 aK pRTEGAh4PlY EXHIBIT"A„ EXHIBIT "B" DEPICTION AND LEGAL DESCRIPTION OF � PARKING LOT AIR SPACE PARCEL I LP GOk' Parking Lot Air Space : Parcel LEGAL DESCRIPTION THAT PORTION OF LOT 12 OF TRACT NO. 103,IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFOR- NIA,AS SHOWN ON A MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE,OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.70 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 48.11 FEET;THENCE SOUTH 69°45'38"WEST ALONG A LINE PARALLEL WITH AND DISTANT NORTHERLY 40.00 FEET,MEASURED AT RIGHT ANGLES,FROM THE CENTER LINE OF ORTEGA HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF CALIFOR- NIA RECORDED IN BOOK 1049 AT PAGE 349 OF OFFICIAL RECORDS,A DISTANCE OF 155.16 FEET;THENCE NORTH 20°37'55"WEST, A DISTANCE OF 63.31 FEET TO A POINT OF NON TANGENCY WITH A CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 442.00 FEET;THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 4°48'57",A DISTANCE OF 37.15 FEET;THENCE NORTH 62°58'27"EAST,A DISTANCE OF 53.96 FEET;THENCE NORTH 65°40'50"WEST,A DISTANCE OF 69.32 FEET;THENCE NORTH 84°26'57"WEST,A DISTANCE OF 11.82 FEET;THENCE NORTH 11°1529"EAST,A DISTANCE OF 65.32 FEET,SAID POINT LYING ON THE NORTHERLY LINE OF SAID LOT 12;THENCE SOUTH 58°27'57"EAST,A DISTANCE OF 174.39 FEET TO THE TRUE POINT OF BEGINNING. Exhibit "B" EXHIBIT"C" DEPICTION AND LEGAL DESCRIPTIONS OF EXCESS ORTEGA RIGHTS-OF-WAY 1967 OR 8171-88 rD N TK. ".41140 -._-- - R_ - SPRING ST 214' 129 W5047y yrs \ ]5'7a'k --_ g5514'24'R atf 8, 4S 21]0 .3}.35'(4332}.� ro 50 IC am, /J 1$3.27' la sfw4 54.53' 3a474'}Y{ M120K41'r d50' 450 07 3efy'3rR tdf~04-------- v 1 PARCEL 2 PARCEL 3 0,56 AC, 2.09 AC. FV Pq/5 ONTLI W 34'sa-e C. r 4 PARCEL I 0.45 AC. WIAW U7 ey 3 8,0-41'm- oz, ,vs,'m ay as2su5' S 04'44'22'C ff 20 s a 43. !6 a] ,lY aY.�,t► t Y. I9 5q 19 m!TFC m4.4722 4S 3440 fo (fia33 _ �.__i�•--- g 4 �y�^' Di5R F ml SPR 1 TM M114 �r LEGAL DESCRIPTION i THAT PORTION OF LOT 12 OF TRACT NO, 103,IN THE CITY OF SAN JUAN CAPISTRANO,COUNTY OF ORANGE,STATE OF CALIFOR- NIA,AS SHOWN ON A MAP RECORDED IN BOOK 11,PAGES 29 TO 33 INCLUSIVE,OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 12;THENCE SOUTH 00°29'25"WEST ALONG TIME WESTERLY LINE OF SAID LOT 12 A DISTANCE OF 76.70 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°29'25"WEST ALONG THE WESTERL Y LINE OF SAID LOT 12 A DISTANCE OF 48.11 FEET,THENCE SOUTH 69°45"38"WEST ALONG A LINE PARALLEL WITH AND DISTANT NORTHERLY 40.00 FEET,MEASURED AT RIGHT ANGLES,FROM THE CENTER LINE OF ORT'EGA HIGHWAY AS DESCRIBED IN EASEMENT DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK 1049 AT PAGE 349 OF OFFICIAL RECORDS,A DISTANCE OF 177.30 FEET TO A POINT OF TANGENCY WITH A CURVE,CONCAVE NORTHERLY,HAVING A RADIUS OF 960.00 FEET; THENCE WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 21-21'48",A DISTANCE OF 357.95 FEET;THENCE NORTH 73001'58"EAST,A DISTANCE OF 119,12 FEET TO A POINT OF NON TANGENCY WITH A CURVE,CONCAVE NORTHERLY HAVING A RADIUS OF 729.69 FEET;THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 11 d 18"25",A DIS- TANCE OF 144,00 FEET,THENCE NORTH 69°45'38"EAST,A DISTANCE OF 282.05 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT"C" i EXHIBIT"D" i NARRATIVE DESCRIPTION OF THE PROJECT The Project consists of a three-story, 76,363 square feet, 124-room hotel,on approximately 2 acres; a 10, 169 square foot. two story office/retail building consisting of 6,467 square feet of retail on the first floor and 3,702 square feet of private office and balcony aea on the second floor and 116,095 square foot restau- rant. The Project provides190 parking spaces to serve all uses on the 3.18 acre site. Access to the Project will be from one right turn in and out only driveway on Ortega Highway,one full access driveway on EI Camino Real and one full access driveway at the easterly terminus of Spring Street. Upon the ultimate realignment of Ortega Highway as part of the freeway interchange reconstruction project by CalTrans,the access onto Ortega Highway will be extended as shown on the plans approved by the City of San Juan Capistrano. The Project site and landscape plan is shown in the exhibit below. 17..1 U0 0 kAW 000 @ I n it 11 �} �'1 i A�w n 9 rf r,P,;f EXHIBIT"D" Exhibit "E" CITY COUNCIL RESOLUTION NO. 10-10-05-05 AND ORDINANCE NO. 974 EXHIBIT"E" 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) 10-009, 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 & 28891 ORTEGA HIGHWAY AND GENERALLY LOCATED AT THE NORTHEAST CORNER OF` ORTEGA HIGHWAY AND EL CAMINO REAL (ASSESSORS PARCEL NUMBERS: 124 -170-12,14,16&16)(PLAZA BANDERAS HOTEL) Whereas, Stroscher G3, Gretchen Stroscher Thomson ha s requested approval of a planning applications for a mixed-use development on the 318 acres located at 26871 &26891 Ortega Highway and generally located at the northeast corner of Ortega Highway and El Camino Real and comprising of 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; and, Whereas, the General Pian Land Use Element designates the property as 3.1 General Commercial (GC) and is amended to Manned 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, 2090, 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 95088 of those guidelines; has otherwise complied with all applicable provisions of the California Environmental Quality 1 10-05-2010 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, 2 10-05-2010 Whereas, the City Council conducted a duly-noticed public hearing on October 5, 2010 pursuant to Title 9, Land Use Code, Section 92.335, 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 15484 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, 2019 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, 3 10-05-2010 T 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 Sara 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 Gaal 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 4 10-05-20 10 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 2.3: 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, El 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 RampslOrtega 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"Not 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 El Camino Real. The Mission is listed in the National Register of Historic Places (NRNP) and on the California Register of Historical Resources. The City of San Juan Capistrano also recognizes the historic importance S 10-05-2010 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 EI 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 corner of El 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 1 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, 6 10-05-2010 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, identities 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 9.66 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 (EER) 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 7 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 project 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 El 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 retailloffice building with varied roof heights and architectural design details. $ 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 roof3ines 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 fallowing design principles will be met by the proposed project subject to further Design Review Committee and Planning Commission review and approval- Design pproval:Desi n 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 St les. 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 "westem-type" architecture. The proposed 9 10-05-2010 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 pedestrian streets and plazas should incorporate design features that Arovide visual interestat 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 Issue/ Principle 8: 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 pian 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. 10 10-05-2010 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 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 site is relatively flat along the east portion, adjacent to Homo Creek, but has a higher elevation at the west portion of the site. The grading plan reveals that approximately 20,040 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 4-4.313, 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 11 10-05-2010 easements, or other aspects of development because the Draft Environmental Impact Report(EIR)evaluates potentially significant impacts ofthe 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 San .Evan 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 plainlinundation 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 LOMR-F, which will remove the buildings from the flood plain. No mitigation measures are required. 2. 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. 12 10-05-2014 4. 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: 1. 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, Liquidarnbar, 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 I 10-45-2014 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 from "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), Tres 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 fi3 this 5th day of October,2010, by the following vote, to wit: _.. �. DR. LONDRES USO, M `Q,R i f ATTES MARIA R Fk IS, Cl L E R K 14 14-45-2410 STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF SAN JUAN CAPISTRANO I, MARIA MORRIS, appointed City Cleric of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-10-0"5 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5th day of October 2010, by the following vote: AYES: ' CONCIL MEMBERS: Allevato, Nribar, Nielsen, Freese and !'Mayor Uso NOES'. O' NCII_ MEMBER: None ABSENT: ` t UNCIL MEMBER: None i<! ii MA IA ORI , Cit I 15 10_05-2010 STATEMENT OF FINDINGS AND FACTS, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROPOSED PLAZA SANDERAS 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: I. INTRODUCTION The California Environmental Quality Act ("CEQA"), Public Resources Codd Section 21081 and CEQA Guidelines Section 15091 provide that: . i (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 EX1411giT 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 Motel 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, 2410. 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 EIRE 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 15367. 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 Draft 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 21481.6 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. II. 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 Final 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 retailfofficelrestaurant 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 Pian 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. III. 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 ano 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 p[an 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 industrialloffice 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?? Fact. 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, retaifloffice, 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. Greenhouse Gas/Climate Chane (Would the project generate greenhouse gas emissions either directly or indirectly, 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. Curing 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 Banderes 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 publiclinstitutional uses. All significant environmental effects have been avoided or substantially lessened by virtue of the measure described above. leo 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 (Mt1TCD) as well as City of San Juan Capistrano requirements. MM 4.2-1b 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 4.2-1 d Haul trucks entering or exiting public streets shall at all times yield to public traffic. MM 4.2-'le 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 4.2-11' Ail 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 Voter Project Page 7 2. IMPACT Lonq-Term/Long-'Perin 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-turn 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 CUP 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 SIB 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. pear 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 CUP fees, as determined by the City of San Juan Capistrano, based on the improvements included in the f- 5/Ortega Highway interchange, which includes restriping the southbound shared fef/throughtright-turn 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 j3anderas Hotel Project Page a exclusive eastbound right-tum 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 intersectiori. 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 A 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, reprise, 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 439.2, which require the use of low sulfur fuel for stationary construction equipment. SC 4.3-4 The project shall comply with SCAQMD Rule 1168, which sets limitations on ROG content in asphalt. SC 4.3-5 The project shalf 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 3-3.513, 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://wvwr.agmd.gov/prdas/brochures/paintguide.html), 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 rales 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 Lq to 89 dBA Leg 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:nding: 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 6:130 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, Impart 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 8anderas 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 4.4-1 b 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.muMers, 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 4.4-1t1 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 66 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 Banderes Hotel Project Page 1# 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.(34, 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 4.4-1 h The construction site supervisor shall use existing/planned driveways located on Ortega Highway or El Camino Real for construction vehicle access. Site access from Spring Street shall be expressly Prohibited. MM 4.4-1i 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 additionai 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 daystperiods 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 binding: 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. Pin_ ding: 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 pf„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, IMPACT Long Term Impacts: Exterior noise levels at the easternmost portion of the proposed hotel would be approximately 68 dBA CNEL 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 Motet 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 Ciass 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. IMPACT 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 Motel 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 Long-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 El 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 Ei Horno floodplain as delineated on the current FEMA flood insurance rate map. The incorporation of BMP9 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 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 prepare a Storm Water Pollution and Prevention flan (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 El 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 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. F 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 severs 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) islare 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 META to obtain the appropriate permit from the USFWS. Staternent of Findings and Facts Plaza Banderas Hotel Project Pago 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 biclogical 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 alcove, leo significant, unavoidable adverse impact will remain after implementation of the required mitigation measure. H. CULTURAL RESOURCES 1, IMPACT Long-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 Wealth 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 archaenlogisf 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 constructionigrading 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. 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. Deports 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 Long-Term Impacts: Paleontological resources, including fossil remains and associated scientific data,fossil sites, and fossiliferous racks 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©range County) shall be retained by the project applicant and shall be present at pre- construction meetings to advise construction contractors about the Statement of Findfngs 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 and/or excavating of current surface material (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications,etc.]and roadway improvements}to monitor for paleontological resources. Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities 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 Support 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. 1. SOILS ANIS GEOLOGY 1. IMPACT Long-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 retaillcommercial 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 4.9-1 a Prior to the issuance of any grading permit, the applicant shall prepare an Erosion Control Plan,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 Facts Plaza Banderas 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--Terra 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 EIR. 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 Finding: Incorporation of mitigation measures will reduce potential long-terra impacts resulting from ground shaking associated with seismic events by limiting the areas exposed to adverse sails 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-Term Impacts: 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 4.9-315 Grading activities shall be continuously monitored by a project geotechnicaf 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 Bandsras 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. Fines; 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 EER. 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. Flnding; 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 Findin : 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 Flaza Sanderas 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 El R. SC 4.10.1.-1 Prior to the issuance of a building permit, the project applicant shall submit the site plan 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 constructions 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 Elft. 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 locationtsegment and the duration of the closure. Facts in Su rt 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 Handeres 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-Terra Impacts: Project implementation will contribute to the incremental demands for fire protection and paramedic services provided by the OCFA. 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 4.4, Section 4.10.2 of the EIR, SC 4.14.2-1 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 OCTA 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 6anderas 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 4.10.2-8 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&Els or other approved documents shall contain a fire lane reap, provisions prohibiting parking in the fire lanes, and a method of enforcement. SC 4.10.2-0 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 4.10.2-12 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 4.10.2-13 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 Banderas 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 4.90.2 of the EIR. 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 fire/emergency 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. b. 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 EIR. Statement of Findings and Facts Plaza f3anderas Hotel 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 $7,101square foot for residential development ($3.55/square toot if the State has adequate school construction funds)and $0.47/square foot for commercial/office uses. Facts in Su ort 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 vuill result in short-term construction noise impacts that could adversely affect the classrooms 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, poise). 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. I M PACT Long-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 prevenfion 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 fagade 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. UTILITIES 1. IMPACT Long-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 faciffties 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.'11.11 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 he 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 Banderas Hotel Project Page 28 Ali 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 submit`the 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, Califomia Plumbing Cade 2009, and City of San Juan Capistrano requirementslstandards. 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 FI Homo; 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 Su ort of the Findin : 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 Motet 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 dement. 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. Pacts 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. I-. AESTHETICS 1. IMPACT Short-Term 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 EIR. 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 oft-site light and glare, to the satisfaction of the Development Services Director or their designee, or who may refer such plans 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 applicanttcontractor 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 flan 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 visual 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 Amendinent/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 lotsiprojects 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 3.18-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 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 Fuge 32 S. 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, 8,509 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 El 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 Section21081(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 Note!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 AMENDMENT/ZONE 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 33 hotel guest rooms. This alternative assumes that the design of the 1St and 2r"' 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 3rd floor eliminated, the floor area of the proposed hotel would decrease from 74,973 square feet to 57,249 GSF. Thus, the officelcommercial 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 Hctef 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 FEI R 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. Elim€nation}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 Facts Plaza 6anderas 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 1=EIR 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 EI 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, Vl. 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 f=indings and Facts Plaza Banderas Hotel Project Page 36 STATEMENT OF OVERRIDING CONSIDERATIONS PLAZA BANDERAS HOTEL SAN JUAN CAPISTRANO, CA 1. INTRODUCTION The City of San Juan Capistrano ("City„) is the Lead Agency under CEQA for preparation, review and certification of the Final 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 these 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 15491. 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 21481(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 Banderas 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 Hotel Project Page 1 Exhibit B fl. 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 treasures, 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 Treasures would help to reduce noise generated by construction activities, the effects of project construction activities on speech interference at the Mission San Juarf Capistrano would continue to exceed the 55 dBA Le,, 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 Sari 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. Z 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 Highway/1-5 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 high 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 FIR 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 Juan Capistrano, CA Method of - Timing of SCINlM No., iVliti ation IVfeasure/Standard Condition Verification lrrt fementatian Res onsibili Lang Use The Plaza Banderas Hotel project will be reviewed for consistency with the approved Comprehensive Development of Sui(ding Ian u to Issuance Prior 5C 4.1-1 Plan (COP). California Building Code, Uniform Fire Code, and Plan Cheek Planning[)apartment other applicable codes and ord"nances prior to issuance ofPermit ce building permits Traffic and Circulation 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 j disruption to traffic conditions Routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, I windows,etc.)to access the site,traffic control and detours ( r to Issuance of the Fist MM 4.2-1a and proposed construction phasing plan for the project. ( Plan Check Prior Permit Engineering Department • marking 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. The applicant shall be required to keep all haul routes dean and fry of debris, inducting but not limited to gravel and dirt as a X MM 4,2-1 b result of its operations. The applicant shall clean adjacent streets, During Grading and I Contractor as directed by the City Engineer (or representative of the City Monitoring Construction Engineering Department ED Engineer)of any material that may have been spilled;tracked or blown onto adjacent streets or a€aas. 0 Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page.1 Method of Timing of.. _ SCfiNW1 No. Miti atian Measurelstandard.Cibndition VeriflCatibn implementation Responsibility }Mauling 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 permittedirequired during the nighttime hours, weekends or on Federal holidays, at the 4.2-1c discretion of the City Engineer. All haufingfdelivery access to During Grading and Contractor , and from the site shall be from the east on OrtegaHighway, Monitoring g y 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 { Ortega Highway on- and off-ramps shall be rerouted to other nearby streets. An approved Haul Route Permit will be required by the C!!y, 4.2-1 d Haul trucks entering or exiting public streets shalt at ail times yieldf During Grading and Contractor to ublictraffic, Monitoring Construction En "sneerinDe artment If hauling operations cause any damage to existing pavement, 4.2-1e street,curb andlor gutter along the haul route,the applicant shall During Grading and be fully responsible for repairs, which shall be completed to the Monitoring Construction Engineering Department satisfaction of the Ci E sneer. 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 De shall occur on-site, g g artmant P 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 i-&Ortgage Highway interchange, which include restriping andlor widening the 1-5 NB Ramps to provide a southbound right- 4,2-2 tum lane only from Avenida Los Cerritos, restriping the second Prior to Issuance of the First eastbound left-tum Jane on Ortega highway to a third eastbound Payment of CCFP Fees Building Permit Engineering Department through lane and restriping the second eastbound through lane to a shared eastbound throughlright-turn lane; in addition, widen andlor 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 throughlright-tum lane and modify the existing traffic signal, 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. i Prior to Issuance of the First 4.2-3 which includes restriping the southbound shared lettfthroughfright- Payment o#CCFP Fess Engineering Department tum lane on the 1-5 SS Ramps to a shared lefUdght-tum lane; Building Permit i widen andlor restripe Ortega highway to provide an exclusive eastbound right-tum lane and a second westhound left-turn lane, and modify the existing traffic signal. Air Quality SC 4.3-1 The project shall comply with SCAQME) Rule 452, which FDuring Grading anPublic Works Department rohtbits air contaminants or other materials that cause in,u ield Monitoring Construction Mitigation Monitonng and Reporting Program Plaza Banderas Hotei Project Page 2 Method-of Timing of 5C11VIi4!No. tuliti ation MeasureiStandard Condition Verification Implementation Responsibility 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 SCAQMb Rule 403, which sets SC 4.3-2 requirements for dust control associated with grading and During Grading and construction activities (refer to Tables 4, 5 and 6 in Appendix Field Monitoring Construction PubiicWorks Department E. The project shall comply with SCARMD Rules 431.1 and SC 4.3-3 431.2, which require the use of Sow sulfur fuel for stationaryField Monitoring During Grading and 9 PublicWorkS Department construction a uipment. Construction SC 4.3.4 The project shall comply with SCAQMb Rule 1108,which sets Field Monitoring During Grading and limitations on ROG content in asphalt. g Construction Public Wortcs Department SC 4.3-5 The project shall comply with SCAQMb Rule 1113,which sets During Grading and limitations on ROG content in architectural coatings Field Monitoring Public Works pepariment Construction The project shad oomplyWwith City of San Juan Capistrano SC 4.3-6 Municipal Code Section 9-3.513, which requires During Grading and implementation of dust controt/suppression measures fsirrAar Field Monitoring Construction Public Works Department to SCAQMb Rule 403). The project shall comply with Titte 24 energy-efficient design ' SC 4.3-7 requirements as well as the provision of window glazing, wail i 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 Buildin Code. The construction contractor snail use interior paints with a .. . ................._T_ .......... maximum volatile organic compound (VOC) content of 212 grams of VOC per liter of paint for alt interior painting of all proposed project buildings. Paints that meet the low-VOC limits of South Coast Air Quality Management District MM 4,3-1 (SCAQMb)Rule 1113 are known as "super-compliant paints." Plan Check Prior#o issuance of the First Contractor A list of super-compliant VOC coating manufacturers is Building Permit Public Works Department available at SCAQMD's website (http:)www.agmd.goviprdaslbrochuresipaintguide.htmi). Prior I to building permit issuance,the use of super-compliant interior aints sha?i be noted on buildin fans. Noise Construction activity which includes the dekvery 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, Pormitted SC 4.4.1 Hours of Construction Operation as follows: Monday through Field Monitorin During Grading and Friday 7:00 a.m. to 6.00 p.m.; and Saturday 8:30 a.m. to 4:30 g Construction Engineering Department p.m. Hauling soil to or from the site, or from one part of the project site to another, shall comply with San Juan Capistrano Mitigation Monitoring and Reporting Program Plaza Sanderes Hotel Project Page 3 Niettrad of Timing of SCiMNI No. Mitigation Measure€5tandard:Condition Verification- impfetnentati©n Res odslfatfi. Municipal Code Section 8-3.13, tmparf'or Export as follows- i The loading and transportation of earth from or to the site shall be accomplished between 7:00 a.m. and 8:00 p.m.on Monday through Friday and between 8:30 a.m. and 12:30 p.m. on i Saturdays. Saturday afternoon work hours may be extended i 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 bauf 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) shalt property 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 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 MM 4.4-1b originally equipped by the manufacturer to minimize notse Field Monitoring During Grading and Construction Site Supervisor emissions. lack of or improperly maintained mufflers. 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 Municip,W 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 nosse sources (e,g„ generators, compressors, staging areas) MM 4.4-1c as far from noise-sensitive receptors as feasible, but at least Field Monitoring Clung Grading and Construction Site Supervisor 100 feet from existing noise-sensitive residential land uses. in Constructton Public Warks Department 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 i _Lbuilding!9rading inspector. Violations of this provision may be Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 4 Method of Timing of SCJiVIfJI No, Mitigation.Measure/Standard_Condition Verificat€ori: Implementation Res onsibli€ subject to administrative citation pursuant to Chapter 7, I 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 desl nee. In the event any demolition, grading_ar benching 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 deanonsfrate to the satisfaction of the City that the temporary sound barrier will reduce construction noise impacts on San Juan Elementary MM 4,4-1d School to not greater than 65 dBA CNEL measured at the Field Monitoring During Grading and Construction Site Supervisor exterior of the school buildings_ The temporary sound barriers Construction i Public Works Department shall have a minimum height of six feet and shall remain in place on the boundaries until the completion of the site 1 preparation phase. Violations of this provision, including faiture 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, Field Monitoring Engineering Department Permitted Hours of Construction Operation, and Sections 8- Construction 3,13,tm ort or Ex ort. 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€mpacts to San Juan Elements School, (Const{ruction Schedule) Construction The construction site supervisor shalt decrease the overall duration (number of days) of construction activities and MM 4.4-1 g 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 Caistrano municipal Code Section 9 3,531 w The construction site supervisor shall use existingtpianned MM 4-4-1h driveways located on Ortega Highway or EI Camino Real for During Grading and Construction Site Supervisor construction vehicle access. Site access from Spring Street Field Monitoring Construction Engineering Department shall be ex ressl_Erohibited, The construction site supervisor shall conduct demolition, I MM 4.4-1i grading and trenching operations during non-school hours i Plan Check Prior to Issuance of Construction Site Supervisor and/or during summer vaoafian when classes at San Juan j (Construction Schedule) Demolition Permit Engineering Department Elementary School are not in session to the greatest extent W Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 5 .... ........ - ;, Method Timing of SCIP/INi Ho.. Rfttit anon NfeasurefSiantlard,Conditian Verification Implementation Responsibility practicable. If such activities must occur when classes are in session, additional sound attenuating measures shall be implemented to ensure that the classroom teaming 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 ossible conductin activities farther awa 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 shefl not allow the operation of Construction Site Supervisor MM 4.4-lj heavy construction equipment during such mandated testing Coordination During Grading and PrincipaltSan Juan days. However, as an alternative, the construction site Construction supervisor may operate such equipment during mandated Elementary School testing dayslperiods if such equipment has been provided with sound blanket barriers or similar noise proofing to the satisfaction of the Development Services Director or his desicinee. Prior to the start of�canstivcticn, 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 tic 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 shah 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 MM 4.4-2 northwest of the project site are maintained: Field Monitoring During Grading and Construction Site Supervisor i tructon Engineering • Loaded trucks and jackhammers-20 feet ConsDepartment • Large construction equipment (equivalent to a large bulldozer)--40 feet Vibratory roller—50 feet Prior to the approval of final building pians 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 shalt not exceed 55 dBA CNEL per prior to Approval of Fina3 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 desi n review process MM 4,4-its Prior to the approval of final building plans for the Plaza Flan Check Prior to Approval of Final 1 Banderas hotel component,the acoustic stud re uired b MM BuildingPElans -- !_�.Engineering Department Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 6 Method of: Timing.of SCIFATJINo, Mitl atiaryMeasurelStandard.Conditfon verfflcattonIrnolernentation Responsibility 4.4-3a shall include analysts 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 lndocr 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 shalt be demonstrated through submission of an acoustics stud reared by a quat'>fied consultant Public Health and We-t The City of San Juan Capistrano will require all pians for - - proposed uses within the project area to comply with all i f JBuilding to issuance o SC 4.5-1 applicable Federal, State, and local regulations pertaining to Plan Check prior Planning Department the transport, storage, use andlor disposaf of hazardous Permit materials on the site. Drainage and Hydrolo y 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 SC 4.6-1 Activity Store Water Runoff Permit prior to initiation of plan Check Prior to Issuance of the Public Works Department i construction activity at a future site. As required by the NPDES Grading Permit permit, a Storm Water Pollution and Prevention Plan (SWPPP) wilt be prepared and will establish BMPs in order to reduce sedimentation and erosion. Penrto Planning Commission approval,the project appiicant shall l prepare a Water Quality Management Plan (WQMP) for the project and submit the WOMP to the City of San Juan Capistrano for approval. The WOMP shall specifically identify Best Management Practices (BMPs) that will be used to control predictable pollutant runoff, including flow/volume-based Prior to Appraval by the SC 4.6-2 measures to treat the"first flush." The WQMP shall identify at a flan Check Planning Commission Public Warks Department minimum the routine structural and non-structure( measures specified in the Countywide NPDES Drainage Area Master Pian (DAMP), which details implementation of the 5MPs 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 Pryor to Issuance of the prepare a Storm Water Pntion Pia Pollution and Preven(SWPPP. plan Check Gradin Permit Public Warks Department Mitigation Monitoring and Reporting Program Plaza Banderas Hotet Project Page 7 i4Te#h0d of Tlsning of SCNM No. Mitigation Measuref.Standard,C:ondition Verification Implementation Responsibility 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 pian to be reviewed and approved by the City of San Juan Capistrano rior to ksuance of radio €rn- Future site grading and construction shall comply with the prior to Issuance of the SC 4.6-4 drainage controls imposed by the applicable building code Plan Check to Permit Public Works Department requirements rescribed b the Cit of San Juan Capistrano. Nolo ical Resources In accordance with the Heritage Tree Provision of the City of San SC 4.7.1 Juan Capistrano,the project applicant shall obtain approval of a prior to Issuance of Grading tree removal permit by the City for each tree that*11 be removed Plan Check hermit Planning Department from the site that exceeds thirty-six inches (36") in diameter at breast hes ht DSH). Prior to any permit issuance for grubbing, grading, tree tramming/removat 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 omithologist 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 omithologsst. Alternatively, the project applicant will consult as appropriate with the USFWS to discuss the potential loss of nests of native birds covered by the META to obtain the appropriate porri4 from the USFWS. y Cultural/Scientific Resources Prior to issuance of the grading permit and/or any ground- I __ MM 4 8-1a disturbing activity, the applicant shalt submit a written, I Prior to issuance of Grading monitoring plan to the City for review and approval. The Pian Check Permit Planning Department monitoring plan shall spedty procedures for held observation; I Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 6 sCliVilUi No: ililiti' afion t4Feas Method of .: Timing of uret5tandard Condition Verification' Irn cementation Res nsibilt 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 Tends; and compliance with Health and Safety Code Section 70505 and Public Resources Code Section 15064,5(f) and 5097.58 in the event human remains are encountered. The plan shaft address the potential for encountering previously recorded andfor 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 a licable. A quatified 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 andlor 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, andlor excavating on or below MM 4.8-1b the original ground surface(including during project-related off- Meeting/Field Monitoring Prior to Commencement of Planning Department site utility [natural gas, electricity, sewer, water, drainage, GradinglDuring Construction communications, etc.] and roadway improvements). Should nonhuman cultural resources be discovered,the monitor shall have the power to temporarily haft 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 hafted or diverted until the provisions of§7054.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented, Curing construcbonlgrading activities, a Native American monitor shall observe constructionfgrading 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 my be considered sacred or important. In the event that Mitigation Monitoring and Reporting Program Plaza Sanderas Motel Project Page 9 SC/MIM No, M-1ti ation easure/Standard Condition N, ethad � _ Timing of Vetiara tintati on _ —e.sponsibility 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 f e eloprnent y Department, the applicant shall submit evidence that final reports for any historical, cultural or archaeological resources MM 4.8.1d recovered from the project site during grading or construction Plan 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 repository. 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 MM 4.8-2a project appticant and shall be present at pre-construction plan Check Prior to Issuance of Grading planning Department meetings to advise canstructior contractors about the potential Permit occurrence of paleontological resources located on andlor in the vicinity of the project site,as well as monitoiirig 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 andlor excavating of current surface material (including during project-related off-site utility l (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 Periost Ptanning Department 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 Signbtcant paleontological resources shaft be recovered by the qualified paleontologist Soilsani r� All activities associated with the implementation of the proposed"poseP Prior to Issuance o€Grading SC 4.9-1 hotel and retaillcommerciat development shall comply with the ( Plan Check Permit Engineering Department CitYs Excavation and Grading Ordinance. I The project shall comply with all applicable City Building Code 3� _f Prior to issuance of Grading SC 4.9-2 requirements as well as those prescribed in the California Building Pian Check Engineering Department Code(CBC). Permit -�— Prior to the issuance of any grading permit,the applicant shall ding W Prior to issuance of Gradin MM 4,9-10 prepare an Erosion Control Plan, which shall be approved by Pian Check l g Engineering Department the Ci# £n ineer of his designee. Permit Prior to the issuance of any grading permit, the applicant shall" prepare a Storm Water Pollution Prevention Pian (SWPPP) Prior to issuance of Grading MM 4,9-1b that identifies specific construction and operational BMPs, Pian Check Perm'I Public Works Department which shall be approved by the City Engineer, _ Prior to issuance of the grading permit,the applicant shall prepare prior to Issuance of Grading MM 4.9-2a and'submit a detailed grading plan prepared by a licensed Plan Check Engineering Department geotechnical enclineer. The propased structures shat! bE --.--" _"..."_._ Permit v Mitigation Monitoring and Paporfing Program Plaza Banderas Hotel Pmject Page 10 Method of Timing of SCINt�I{hln. Mitigation MeasuretSfandard Condition Veirlfiaation Implementation Responstblfl 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 Prelimina 1 Geotechnicaf Report. Corrective grading shall be required to remove and recempact 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 small 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 horizonta€ 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 Pen-nit 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 1`6 horizontal feet outside the edges of foundations or equidistant to the depth of fitl below the foundation, whichever is greater. Special excavation provisions may be necessary adjacent to existing streets_ • Corrective grading for retaining walls shalt 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.) E i shall extend 3 feet below the existing ground surface, or 2 feet below the bottom of proposed bottom or foundations, Mitigation Monitoring and Reporting Program Plaza 8anderas Hotel Project Page 17 Method of Timing of SC/MM No Mitt atlonMeasure(S.tandard Conditlon Verlficadon lm lementattom Res onstEciti 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 wdstino arade. Grading acdvities shall be continuously monitored bya 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 Consutlant subsurface investigation and adjust designs to actual field Engineering Department conditions encountered. Geotechnical observatibn and laboratory testing shall be MM 4.9-4 performed upon completion of rough grading confirm the Field Monitoring Completion of Rough Grading Engineering Department expansion characteristics of typical on-site soils beneath Laboratory Testing 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 Flan Check permit Engineering Department 0.5 inch over 40 feet. T Police Protection Prior to the issuance of a boding permit, the project applicant shall submit the site plan for review and approval by the Orange SC 4.10.1-1 County Sheriffs t'�epartment/Pol4ce Services Department to Plan Check Prior to Issuance of Building Orange County Sheriff ensure that it is designed in accordance with all applicable Permit Department requirements of the Police Service Department, including but not limited to arkf ,secu!2L lighting,and access. Prior to issuance of a grading permit, the project applicant shall -� prepare and submit a Construction Security Plan to the OCSID/Police Services Department for review and approval, The I MM 4.10.1-1 Construction Security Plan shall identify the provision of fencing, Flan Check Prior to issuance of Grading Orange County Sheriff fighting andlor other measures e. security Permit Department g g { g., ty 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 and/or roadway closures Prior to Issuance of Grading Orange County Sheriff MM 4.10.1-2 necessitated by construction activities. Written notification to Plan Check t7em�i Department the OCSD/Poiice Services Department shall identify the roadway focationlsegment and the duration of tha 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 compliance with all appiicabte Pian Check Permit Authority HCFA standard conditions, inducting those for access, water sou p�and pressure, built-in fire profec�ion systems, road grades Mitigation Monitoring and Reporting Program Plaza Banderas Hotel Project Page 12 Method of Timing of i SCBM No. Mitigation MeasuretStandard Condition y Verification Implementation Responsibility-__1 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 SC 4.10,2-2 modification plan determined to be necessary by the OCFA Plan Check Prior to Issuance of Grading Orange County Fire before the introduction of any combustible materials into the Permit Authority i 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 pardons of the exterior of every I 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 How4ine to How-line. When a dead-end street exceeds 150 feet or when otherwise required: a clearly marked Hre apparatus access turnaround must be provided and approved by the Fire Chief. _ Prior to the issuance of a building permit for combustible construction, the builder shaft submit a letter on company letterhead stating that water for fire-fighting purposes and ail- Prior to Issuance of Grading Orange County Fire SC a 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 shat! Prior to issuance of Building Change County Fire approval 5C 4.70.2-5 fire hydrant location plan to the lire Chief for review and tetter of Confirmation permit Authority Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating I Field Monitoring Prior to Issuance of Certificate Orange Count Fire SC 4.10.2 6 the hydrant location on the street as a g 9 Y Y approved by the Fare 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 SC 4.10.2-7 on required Hire access roads less than 36 feet in width The plan Check Prior to Issuance of Building Orange County Fire plans shall indicate the locations of red curbs and signage and Permit Authority include a detail of the proposed signage, including eight, stroke k round. an colors o the letteringand its cantrastin bac � Prior to the issuance of any certificate of occupancy,the fire lanes shalt be installed in accordance with the approved fire master issuance Prior to isnce of Certificate Orange County Fire SC 4.10.2-8 plan. The CC&Rs or other approved documents shall contain a Field Monitoring s ua Occupancy fire lane map,provisions prohibiting parking in the fire lanes, and I P y Authority a method of enforcement. Prior to the issuance of any building permils, lr applicable, the SC 4.10.2-9 applicant shall obtafn the approval from the Fire Chief for the Prior to issuance of Building Orange County Fire E construction of any gate across required fire department access Pian Check Permit Authority roads _ _ _ Prior to the issuance of any building permits, the applicant shall i SC 4 10.2-10 provide evidence of adequate fore flow. The"Orange County Fire Field Testing Prior to Issuance of Building Orange County Fire Authorif Water Avaiiabfl for Fire Protection" fornmi shall be Permit Authority MU ligation Mooitodrtg and Reporting Program Plaza 8anderas Hotel Project Page 13 Method of Timing of &CtfNNI No. Mitigation Measure/Standard Condition Verification Implementation � Respattsibttity 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 M be required in each structure affected, i __ Prior to fine issuance of a building permit,a note shall be placed I on the fire master plan stating that all structures exceeding 5,500 i SC 4.10.2-11 square feet (per amendment) and all structures exceeding fire � Prior to issuance of Building Orange County Fire department access requirements shalt be protected b Plan Check Y an 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 SC 4submit plans for any required automatic fire sprinkler system In I Prior to Issuance of Building Orange County Fire .10.2-12 any structure to the Fire Chief far review and approval. Prior to Flan Check Permit Authority the issuance of a certificate of occupancy, this system shall be o erat#ons in a manner meetin thg a approval of the Fire Chief. _SC 4.10.2-13 As required by the California Fire Code ;CFC), applicable �- Prior to Issuance of Building Orange County Fire - structures shall have automatic fire sprinkler systems. 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 Fire Code shall be included in the Pian Check permit Authority _ roject design in an accessible location with an annunciator Access to and around structures shalt meet OCFA and California plan Check Prior to Issuance of Buftn Orange Count Fire SC 4.10.2-15 g g Y Fire Co ode r�uirerr�ents. Permit Authorit 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 MM 4,10.2-1 r share funding of capital improvements necessary to establish E Prior to Approval of Final Orange County Fire adequate fire Fire Protection Agreement q protection facilities and equipment. andlor 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 aparcel-by-parcel basis. _ All electrically operated gates necessary for access within the proposed project shall install emergency Prior to Issuance of Certificate Orange County Fire MM 4.10.2 Za opening duvices as approved by the Orange County Fire Plan Check of Occupancy Authority Authority, A water supply system to supply fire hydrants and automatic fre v MM 4.10.2-Zb sprinkler systems shall be incorporated into the project design as ! Prior to Issuance Building Orange County Fire f required by the San Juan Capistrano Utilities Department Fire ' Plan Check Permit Authority hydrant spacing 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 7-2r. structures shall be designed to accommodate all OCTA Plan Check — Permit Building _. Authority Fire/emergency vehicles and their we�ht. � School Facilities i Prior to building permit issuance, the app[icarit shall pay the �� SC 4 10.3 1 applicable statutory developer fees in effect at the time of the Prior to Issuance of Certificate # building petmSt The current developer fees$7.101square foot for Payment of School Fees of Occupancy Planning Department residential development r$3_b5lsduasa foot if the State has Mitigation Monitoring and Reporting Program Plaza Banderas Motel Project Page 14 Method of Timing of SCfMWI No. Mlti anon NfeasurelStandard Condition Verification tm tementation Responsibility adequate school construction funds) and $0.471square foot for i commercialioffice uses. The site plan shalt be designed to incorporate defensivespace 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 woutd assist in the prevention of hotet guests wandering onto school property, causing concerns for teachers and parents. Provide well l,ghted 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 Orange County Sheriff • Ensure that perimeters are welt-lighted,which will assist in Permit 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. • €v Wmize 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. 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 SC 4.11.1.1 Department for review and approval. The design and plan Check Prior to issuance of Grading Engineering Department of sanitary sewers shall be in accordance with the permit Standard Specifications, as last revised, and prescribed by the City_of_San Juan Capistrano. Sewer laterals serving the proposed project shall be eitherfour(4't .� Prior If G SC 4 11 1-2 inches or six(6)inches in internal diameter and shall be designed or tossuance oGrading Pian Check Engineering Department in accordance with the Uniform Plumbing Code,as last revfsed, Permit Water Facilities Prior to issuance of the grading permit,the appitcant shall prepare a water supply plan for the proposed project (including water I 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 approvat. The water Plan Check Utilities Department supply plan shall connect to existing facilities in the 350 water Pelt pressure zone and meet all other requirements prescribed by the City}elated to main size,pressure,etc. _ SC 4.1 1.2-2 The proposed project shall compl w� ill T€11� 2A and shall W pian Gheck �— Prior to Issuance of E3uildin Utilities F3epa tment Mitigation Monitoring and Reporting Program Plaza aanderas Hotel Project Page 15 Method of.. Tuning of.. SCt1Y11i11 No: Mitt atton Me Condition Verification, implementation 1 Res onsibi.11t 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 shalt 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 4.11.2-1a and urinals for the proposed project. The design and construction Plan Check Prior to Issuance of Final wrap 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 requirements/standards. The applicant shall conned 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 MM 4,t 1-201 b 1-5 Freeway and Et Homo; traveling to the project site then Prior to Issuance of Building returning across the freeway to a point at the intersection of flan Check Department Utilities Department Ortega Highway at Avenida Los Cerritos. Construction pians shall be submitted to the City for Review anqapploval, 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 C' of San Juan Capistrano to reduce solid waste by 50 percent Aesthetics The proposed project shall be subject to review and approval by the Design Review Committee(DRC)and Planning Commission, 1 who shall determine compliance with the goats, 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-quality" urban design and aesthetic resource preservation through the Cites des n review rocess. All street, signage, landscape, and parking iot [fighting 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 93.529,Lighting Standards. Prior to issuance of a certificate of occupancy for any i 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 Certificate 8C 4.12-3 with the City's lighting standards per Section 9.3-529 for f 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 SCIMM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility pirector or their designee, or who may refer 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 lflurrinating Plan Check Permit Planning Department Pngineerinci 5ociet �1E5)of North America.__ Prior to issuance of a grading permit, the appiicanticnntractor _ m shall prepare a Construction Staging Pian 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 MM 4.12-1 practical. In addition. the Construction Staging Plan shall alsoPlan Check Prior to issuance of Grading Planning Department identify the manner in which the staging and equipment Permit 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 wewshed. Mitigation Monitoring and Reporting Program Plaza Sanderas Hotel Project page 17 r. gp' Ell .WJ �" • 1 11 ~ r � � • � r r r r. � � r ■ CC RESOLUTION # 10-10-05-05 CONDITIONS OF APPROVAL PROJECT LOG#: General Plan Amendment (GPA) 10-011, Rezone (RZ) 10-001, Architectural Control (AC) 10-002, Grading Pian Modification (GPM) 10- 001, Tree Removal Permit (TRP) 10-0013, 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-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 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 (APN 124 -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 pians. 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 does 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#10-1"5-05 Final Conditions of Approval GPA 10-001 Plaza 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. (D&-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 met 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 1010% 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 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, 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 ENGfDS) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (ISS) 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 Finaf Conditions of Approval GPA 10-009 Plaza Banderas Hotel Page 4 of 2f 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 Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (PIN-ENG/DS) g. Shaw on the grading plans the approved WQMP site map with all treatment control BMPs. Also, show construction notes for,all treatment control BMPs. (UTI VENV) T 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, Hydraulic/hydrology Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (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 �of 21 Management Practices prepared by a Registered Civil Engineer. These plans shalt 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 (N41) with the State, and develop a SWPPP, and meet all other General Construction Permit requirements. Applicant must provide a copy of the NO[ prior to obtaining a grading permit,(PW-ENG-U D) 22. Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement permits, for importationlexportation 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. Reg cling/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 9959 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 0, 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 10-001 Plaza Sanderas Hotel Page 8 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 iO 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. 350. Any exception shall be subject to review and approval by the City Engineer. (PW-ENG) r_ 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 (WQMP) Requirements and Comp Aia.nce. 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) r` 32. NPDES Permit for Grading in Excess of one 1 Acre. Prior to issuance of grading and right-of-way improvement permits, for grading in excess of one (1) acre, the applicant shall submit a Notice of Intent (NOI) To the California State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in excess of one (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#10-10-05-05 Final Conditions of Approval GPA 10-001,.Plaza Banderas Note! 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, (UTIUENV) 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 then; 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 Approval. Prior to issuance of a grading permit, the applicant shall provide, to the satisfaction of the Development Services Director, written documentation indicating 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 10-001 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/ 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 350C system at the intersection of El Horno and the 1-5 FWY running to the development and complete the loop with a connection to the CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hot l pa e 9 of 21 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 F'VV'Y 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. (PVI!-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-VV) 51. Construction Staging Plan. 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##10-10-05-05 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 M ap perW County Reouirement. 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, 1991. 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. Desi2n, 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 pians (including all light fixtures), color & materials hoard, 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 a Employ simpler, less complex wall planes * Pedestrian scale, especially in the plaza, courtyard, and semi-public Open spaces a Address the scale of the tower element o Each building should be true to its architectural style to the greatest extent possible * Revise the original Spanish Colonial Revival style as necessary to provide a historic San duan Capistrano design character and avoid contemporary commercial elements in the two commercial buildings and hotel, • Hotel architecture: Avoid corner cut-outs and soften building size at the gable ends,- * nds;o Employ darker colors, address balcony details, window placements and use of stone or other non-plaster wall textures • Landscaping to achieve: CC resolution#10-913-05-05 Final Conditions of Approval GPA 10-001-Plaza Banderas Motel Pae 11 of 21 o A substantial 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 a 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 f=inal Construction Plans. Prior to the submission of the construction pians and specifications to the Development Services Department for Zoning Compliance review, the applicant/developer shall submit said plans to the Development Serviced 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 find construction plans to the Planning Commission for final determination. (DS) 61. Performance Surety. Prior to the issuance of any building permit, the applicant/developer shall submit a cash bond or letter of credit in the amount of $50,000 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. Building Construction 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 plans approved by the Planning Commission, Design Review Committee, and/or Development Services Director (as applicable). Plans shall address the followings (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 CC Resolution#10-10-05-05 Final Conditions of Approval GPA 90-001Plaza Banderas Hotel lea e 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 Plans. Prior to issuance of building permits, the applicant shall submit to the City Engineer for review and obtain approval for Street improvement Pians 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 El 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 Pians. 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) T 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- 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 CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaxa 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/Pity). 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 playas 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. (OW-ENG) 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. 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-ENG) 73. Water.S stern 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 taws Related to Recycled Water (The Purple Book). (PW-W) T 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 CC Resolution#f10-10-05-05 Final Conditions of Approval CPA 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 pians, 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) T 77: Grease Interceptor (GI). 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 Pians — 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. (UDf PW-W) ^_ 86. 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 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 CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Pae 15 of 21 Form." Please contact the OCFA at (714) 573-6100 for a copy of the SiteiArchitectural 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_F'ire 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 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 shalt also indicate the location(s) of all fire hydrants proposed for the project. Please contact the OCFA at (714) 573- 5100 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 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) 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 sh0 ensure compliance with approved construction mitigation plans, including: (PW-ENG) a. Erosion and sedimentation Control Plan, SWPPP b. Haul Route Plan c. Traffic Control Ulan 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 CC Resolution 1110-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Page 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 Board. 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. SiSi n-g� Prorgram. 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 CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001Plaza Banderas 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 shall 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. L 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 shall 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) CC Resolution#90-10-05-05 Final Conditions of Approval GPA 10-009, Plaza Banderas Hotel Page 18 of 21 98, Final Photometric Pians. 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- candles (fc) extending ten (10)feet beyond the property line. b. Maximum and average illumination levels shall comply with the fighting Standards of Title 9, Land Use Code. c. Building-mounted fixtures shalt be mounted below the foof 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 HDP 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 rands 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 Molars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. Applicant shall provide all digital data in AutoCAD, or other format approved by City, using NAD 83, Zane 6. Data to be submitted shall include all utilities, dry and wet, building footprints and CC Resolution#10-10-05-05 Final Conditions of Apprcval GPA 10-001 Plaza Banderas Hotel Pa e 19 of 21 treatment control BMPs(PW-ENG) 162,Monumentation Restored and Comer 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) 163.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 latest edition of the"City of San Juan Capistrano Digital Submission Standards." (PVV-ENG) 104.Video Tape Sewers and Storm Drain P!pes: 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) 165.Re lace 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) T 106.Curb and Gutter Repair. Prior to acceptance of improvements and release of performance securities, any existing sections of curb and gutter damaged during construction may require to be repaired or replaced by the applicant, depending on the condition of these improvements prior to and after construction. (PW-ENG) 1.07.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. (PW-ENG/DS) 108.Ortega Highway Entrance-Ingress-Egress 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 CC Resolution#10-10-05-05 Final Conditions of Approval GPA 10-001 Plaza Banderas Hotel Page 20 of 21 necessary signage, pavement markings, and raised medians to provide the necessary access control which shall comply with State standards. (PW-ENG) 109.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) 111.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, lands capelirrigation plans, fighting 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 Develp prem 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 Pfaza Banderas Hotel 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 rounding. 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.Reciprocal Parking 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) ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE "GENERAL COMMERCIAL" (GC) TO THE "PLANNED COMMUNITY" (PC) ZONE DISTRICT AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT(EIR) FOR THE PLAZA BAN DERAS HOTEL MIXED USE DEVELOPMENT (REZONE (RZ) 10-001) THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Whereas, Stroscher G3, Gretchen Stroscher Thomson has requested approva l 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 El 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 Zoning District designates the property as 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 Act (1970); and all mitigation measures have been included in a Mitigation Monitoring Reporting Program (MMRP); and, 1 0974 Whereas,the Planning Commission conducted a work session on March 23, 2010 to review the project details and prodded 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 providers 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 worksession 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 92.335, 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 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 2 0974 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 Rezone (RZ) application for the proposed project: 1. The proposed zone change is consistent with the General Plan Land Use Policy Map and applicable goals and policies because the project consists of an amendment to the Official Zoning Map to establish a "PC" (Planned Community) Zone District, Should the City determine that the project development plans are substantially consistent with goals and policies of the General,Plan, especially the Land Use Element and Cultural Resources Element, the proposed Comprehensive Development Plan would implement those goals and policies, As previously noted, to the extent the project is designed to complement the existing development standards and land uses in the downtown area, and incorporates architecture that is complimentary and sensitive to the adjacent.cultural resources, the project furthers a number of fundamental goals and policies of the General Plan Land Use Element. 2. The proposed zone change is consistent with the Land Use Code, including Article 1 General Plan Review and Table 2-1, Zoning Consistency Matrix because the proposed amendment to the Official Zoning Map is consistent with the Title 9, Land Use Code provisions established by Article 1 and Table 2-1. The singular proposed map change is to the 3,18 acre site, while the Comprehensive Development Plan would create development standards for the entire proposed project area. In terms of the amendment to the Official Zoning Map, the change from "GC" (General Commercial)to"PC" (Planned Community)results in development standards that is specific to the project site and that need to reflect compatibility with the downtown Mission District. However, the detailed planning and land use provisions of the Plaza Banderas Hotel CDP need to implement the City's requirements and policies. Staff have reviewed the Draft CDP and determined that with staff-recommended revisions,the CDP would be consistent with the applicable provisions of the Title 9, Land Use Code. 3. The proposed zone change is suitable for the land uses permitted within the proposed zone district because the Comprehensive Development Plan amendments will allow the City to specifically regulate land use and development standards so as to implement the City-approve development plans for the project site in a manner consistent with the goals and policies of the General Plan. 4. The uses allowed by the proposed zone change will be compatible with existing and planned uses on surrounding properties and the community in general because the uses that are proposed within the Comprehensive Development Plan are similar to the uses that previously existed on the site and more specifically are complimentary 3 0974 to the uses that are permitted within the General Commercial (GC) and Tourist Commercial (TC) Zone Districts. 5. The proposed zone change is reasonable and beneficial at this time because a Development Agreement is anticipated to be submitted which will establish various provisions to guarantee the performance of the applicant/developer in fulfilling obligations. SECTION 2. Ordinance Amendment. The Official Zoning Map of the City of San Juan Capistrano, CA 92675 is hereby amended as provided by Exhibit A attached hereto and incorporated herein; and furthermore, the Plaza Banderas Hotel - Mixed Use Development Comprehensive Development Plan(CDP) is hereby adopted as provided by Exhibit"B"attached hereto and incorporated herein. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification. The City Clerk small certify to the adaption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prier to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption,the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOP E Ihts ay of October, 2010. DR. LONDRES USO, MAYOR ATTE UAVM M RRI Cl CLERK 4 0 974 STATE OF CALIFORNIA } COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO } 1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 974 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 5th day of October 2010 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 19ffi day of October 2010 by the folloyving vote, to wit: AYES4�� qi , NCIL U CIL MEMBERS: Allevato, Hribar, Nielsen, Freese, and Mayor Uso NOES NCIL MEMBERS: None ABSEMEMBER None MA`W - , CITY CNERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO } I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933('1) of the State of California, on the 10th day of October 2010, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL, ZONING MAP FROM THE "GENERAL COMMERCIAL" (GC) TO THE "PLANNED COMMUNITY" (PC) ZONE DISTRICT. AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR} OR E PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT (REZ ( Z) 10-001) This document was posted in the Office of the Cit I I k MARIAS, CI t LERK San . C pistrana Iifornia i 5 0974 STATE OF CALIFORNIA COUNTY OF ORANGE j ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 20"' day of October 20101 caused to be posted a certified copy of Ordinance No, 974, adopted by the City Council on October 19, 2010 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN .JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM THE "GENERAL COMMERCIAL" (PC) TO THE "PLANNED COMMUNITY" (PC) ZONE DIST CT , ND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT( I ) R THE PLAZA BANDERAS HOTEL MIXED USE DEVELOPMENT ( E (RZ) 10-001) E C This document was posted in the Office of the,Cit erk Y / MAR A 1" S, C1 CLERK San ,Juan C ` istrano, lifornia 6 0 974 G. YO A ST P P C A; YO"A&F i37 Exhibit "'A" Rezone (RZ) 10-001 Plaza Banderas Hotel Amending the zoning classification of the project area from General Commercial (GC) to Planned Community (PC). EXHIBIT A f . I = i r Plaza Banderas COMPREHENSIVE DEVELOPMENT PLAN City of San Juan Capistrano Srosoher G3, LLC Gretchen Stroscher Thomson, President Prepared by FA CIVIC SOLUTIONS July 2010 Pill COMPREHENSIVE DEVELOPMENT PLAN STROSCHER G3 LLC, MIXED-USE DEVELOPMENT PROJECT TABLE OF CONTENTS HEADING TITLE PAGE CHAPTER 1 Introduction Section 1.1 Purpose g Section 1.2 Organization 6 Section 1.3 Project Description 7 Section 1.4 Planned Community District Project Area 7 Section 1.4.1 Project Area Location and Boundaries 7 Section 1.4.2 Existing and Proposed Zoning S Section 1.4.3 existing and Proposed General Plan Land Use 8 Section 1.5 CEQA Compliance g CHAPTER 2 Development Plan Section 2.1 Goals, Objectives, Issues 12 Section 2.2 Development Plan Description 12 Section 2,2,1 Design &Architecture 13 Section 2.2.2 Sste Design 13 Section 2.2.3 Landscaping _ 14 Section 2.2.4 Construction & Phasing 14 CHAPTER 3 Comprehensive Development Plan Regulations Section 3.1 Purpose and Intent 21 Section 3,2 Administration/Applicability 21 Section 3.2.1 Amendments to CDP 21 Section 3.2.2 Conditional Use Permit/Public Hearings 21 Section 3.2.3 Amendments to Comprehensive Development Pian 22 Section 3.3 Definitions 22 Section 3.4 Related Land Use and Building Codes 22 Section 3.5 Comprehensive Development flan Regulations 22 Section 3.5.1 General Provisions 23 Section 3.5.2 Permitted& Conditionally Permitted Uses 23 Section 3.5.3 Site Development Standards 26 CHAPTER 4 Architectural Design Guidelines Section 4.1 Introduction 35 Section 4,1.1 Overall Goals 35 Section 4.1.2 Architectural Design Exceptions 36 Section 4.2 Design Standards 36 Section 4.2.1 General Standards 36 Section 4.2.2 Design Standards 43 Section 4.2.3 Hotel Standards 52 APPENDIX Appendix "A" Architectural Style Sheets Appendix "B" Plaza Banderas Architectural Elevations Appendix "C" Project!=Tans EXHIBITS Exhibit Noo. 'Title page Exhibit 1-1 LocationNicinity Map 9 Exhibit 1-2 Existing . and Proposed Zoning 10 Designation Exhibit 1-3 Existing and Proposed General 11 Plan Land Use Designation TABLES Table 'I Land Use Matrix 21 Table 2 Sign Standards Matrix 27 Chapter 9 - 1NTRCDUCTION and downtown areas. The development regulations are contained within Chapter 3 of this document. When adopted, Section 1.1 - Purpose this CDP will become the zoning for the Planned Community (PC) to be applied to the Plaza Sanderas project area and will The purpose of the Comprehensive Development Plan (CDP) ensure that future development will be implemented in is to provide for the development of a planned community accordance with the General Pian, the Development Plan, and consisting of a hotel and a variety of office, service, museum, the City's Design Guidelines. gallery and retail uses. It is designed to integrate with the surrounding community and to encourage the use of modern Section i,2 - Organization land planning and design techniques that will facilitate creating a development that will add to the amenities and mix of uses The CDP is organized in the manner listed below and sets currently in downtown San Juan Capistrano. The site has forth the regulations and requirements governing the direct freeway access and will provide a quality shelter for development of the CDP Area: visitors to the downtown along with complementary services. ' Chapter 1 - provides a general introduction, purpose The site design will promote walkability from the hotel to the and intent statement, a project description and a mission and into the downtown area. The development is discussion of the related land uses. designed to reduce conflicts between the needs of pedestrians • Chapter 2 - provides a purpose and intent statement, and vehicle accessibility, creating a clear and safe path of applicability, definitions, related zoning and building travel within the project with connectivity to the mission and codes, and adoption and amendment procedures. downtown, and to provide public open space and recreation . Chapter 3 _ contains the specific development areas with a sense of romance and historic park feeling. regulations (i.e., setbacks, parking requirements, etc.) for the Planned Commun ity project area. In accordance with the Planned Community District regulations ° Chapter 4 - contains specific design criteria (Le_ outlined in Section 9-3.315 of the City of San Juan Capistrano architectural style, architectural design elements, Zoning Ordinance, adoption of a CDP will facilitate the landscaping) and incorporates those sections of the development of the Planned Community (PC). City of San Juan Capistrano design guidelines that are applicable to the CDP area. It is the purpose and intent of this CDP to provide for a diversity of uses, site-specific development standards and Section 1.3 - Project Description building relationships to achieve a coordinated and well- planned development project in compliance with the General Plaza Banderas will consist, of an approximately 73,000 Plan. Additionally, the CDP will outline proper land use square-foot hotel comprised of 124 guest rooms and an regulations, permitted and conditionally permitted uses to approximately 14,500_sguare-foot commercial center with insure that they are regulated in a manner that will result in a retail and restaurant uses on the ground floor, and a small high quality planned community that is compatible with, and private office on the second floor. The project will be complements, the existing historic uses in both the immediate developed in compliance with the City of San Jan Capistrano ComprehensiveDevelopment. General Plan and this CDP to provide for the orderly Highway on the south, El Camino Real on the west, Spring development of the project site, and to allow for a variety of Street on the north and Interstate 5 freeway on the east(refer permitted and conditionally permitted land uses designed to Exhibit 1, Page 9). The parcels that comprise the project within a modern, urban development concept. Further, the site are identified as Assessor Parcel Nos. 124-17-012, 014, project will be designed to promote and complement the 015, and 016. "together they create a project area that is existing land uses and historic buildings in the immediate approximately 3.18 acres in size. vicinity and within the downtown area in general. immediately adjacent to the mission, this project has been planned as the The project site currently contains a public parking lot (used gateway to the City of San Juan Capistrano's historic frequently by downtown visitors), a Stroscher Companies downtown. The design draws its influence from the history of temporary site office and vacant land. The site formerly San Juan Capistrano and the Spanish Colonial Revival contained a small motel, a service station and a restaurant. architectural style that will complement and enhance the visual Adjacent to the project site is Mission San Juan Capistrano to sense of history of the Mission San Juan Capistrano. the west, the San Juan Elementary school to the north, and to the south across Ortega Highway is a service station, a public The proposed development project requires a change to the parking lot and a drive-through restaurant. General Flan Land Use and Zoning from General Commercial (GC) to Planned Community (PC), as well as approval of a Section 1.4,2: Existing & Pro used Zoning Designation CDP to establish development standards and design guidelines for implementation of the PC. Other supporting All properties contained within the boundary of the existing applications include a Tentative Parcel Map to consolidate project area are currently zoned General Commercial (GC).) several parcels into a single lot,a Grading Plan Modification to The intent of this proposal is to change the land use and accommodate grading the site, Architectural Control for zoning from their current designations to a Planned specific architectural review, a Site Plan Review for Community (PC) District to facilitate the adoption of the Plaza compliance with City Plan documents, a Sign Program Banderas CDP. Exhibit #1-2 illustrates the existing & (Business Sign Regulations Permit) to establish signage and proposed zoning designations for the project site, sign regulations, a Tree Removal flan for conformance with the City's regulations for tree removal, OCFA review and a Section 1.4.3: Existing & Pro osed General Plan Land Use Water Quality Management Plan (WQMP). Designation Section 1.4 - Planned Community District Project All properties contained within the boundary of the existing Area project area presently have a land use designation of General Commercial (LU 31) The intent of this proposal is to change Section 1.4.1: Project Area Location and Boundaries the land use and zoning from their current designations to a Planned Community (PC) District to facilitate the adoption of The Planned Community project area referred to within this the Plaza Banderas CDP. Exhibit #1-3 illustrates the existing CDP includes the properties generally located between Ortega &proposed land use designations for the project site. Cam prehensive Development Page. shall apply to all development within the proposed project Section 1.5 - CEQA Compliance area, and all applicable mitigation measures adopted in the EIR shall apply to each development activity within the project Development of the Plaza Banderas CDP shall comply with all area. It is the responsibility of the City of San Juan Capistrano applicable requirements of the California Environmental to ensure that all environmental requirements and mitigatign Quality Act (CEQA) Guidelines for Environmental Impact measures applicable .to this CDP are implemented in Reports (EIR's) in compliance with .Public Resources .Code, accordance with state law as the project site develops. .Section 21000 et seq. The EIR certified as part of this CDP ' Com rehensive Development: Page EXHIBIT 1-1 Locat'on[Vicinit Ma t OR t � . emt "s � � 1 y y 1 _ uan. )[st ' n, Or S. •, xiN i Comprehensive Development . . - w �Yrr76 e�qr:� A!6 ww maw Ar Y Sir � s • • • ••f -• Comprehensive Development-Plan Pale 10.. EXHIBIT 1-3 Existing and I'ro osed General Plan Land Use Designation 1 51 f S Y - o G E t3 F ] 1 t ~f J { ! 1 Existing Land Use j Proposed Land lls� [: 1 L.ANO USE DESIGNATIONS }, Mol p lt.y+,F '� T?«'y n}, 1,f'�• & i.._....__�,r w: ��t:'�r c61r,;:E E^j::5f ,t.1 i LG'A' �E•r'- =.'�.�1`3r �r,;s:"�� .. t.ir,�Ir k.� a n � ,...... _� h^'+•t53 i3"�r^,r'. w! +Ker�.h,r.��,ri c' _i�.sr?�"'v Com♦ r page 11 CHAPTER 2 - Development Plan public water lines serving the project site do not have sufficient pressure to serve the proposed 4-story hotel and must be upgraded. This will be addressed and coordinated with all City Section 2,1 - Goals, Objectives, Issues departments, public agencies and other organizations concerned. A project traffic study will be required to assess The Plaza Banderas project has been in the same family impacts on the existing transportation system. ownership for over 100 years and the property will stay in the Section 2.2 - Development Plan Description family when built. Plaza Banderas is being designed to complement the Mission with its Spanish Colonial Revival style architecture from the Mission period, and also to become a The design and construction of Plaza Banderas will be unique landmark that instills pride in the community, and particularly sensitive to San Juan Capistrano's history. The superior quality of the development will include prominent Plaza Banderas goals include: California friendly landscaping, and a garden plaza connecting Contributing to the tax base of the City through hotel the hotel with restaurants and shops. Plaza Banderas is transient occupancy taxes, retail sales taxes and property intended to attract residents, local clientele, as well as tax, providing a unique hotel, dining and shopping experience for • Providing new jobs, out of town guests and vacationers. Providing needed quality lodging for residents' guests and Mission visitors, and The Plaza Banderas project encompasses the development of Providing event space for weddings, graduations, and an approximately 73,000 square-foot 124-room hotel at the special occasions, north side of the site and a commercial development of approximately 14,500 square feet at the corner of Ortega and Issues have been identified that will be addressed in the De- lel Camino Real_ There will be cafe dining and an event veiopment Plan. The project site and surrounding area is his- Center in the hotel with other amenities such as an outdoor tonically, culturally and archaeologically.sensifive due to the swimming pool and Jacuzzi, exercise room, media room, presence of the Mission and various historic and archaeologi- restaurant, and laundry facilities. The commercial component cai sites and is subject to the requirements of Senate Bill (SB) consists of approximately 6,800 square feet of retail, 6,000 18 regarding Native American consultation. The adjacent mis- square feet of restaurant, and 1,800 square feet of private sion, Mission San Juan Capistrano, is fisted in the National office (owner occupied). The Conceptual Development Plan is Register of Historic Places, and the Stroschein Nouse on the illustrated in Appendix "C" Exhibit C-1. corner, not a part of the project, was considered by the Cali- fornia Historical Resources Commission in July 2009 and added to the National Register. It is still waiting for confirma- tion from the Keeper of the National Register. A part of the project area is located within the 100-year flood zone. The existing Cornprehenslve ■ . , page, Section 2.2.1: Des iq n &Architecture Key components include an intern alfexternaI pedestrian circulation system that connects the public spaces, The design of the proposed Plaza Banderas project draws its commercial center and the hotel and also includes connectivity inspiration from the historic heritage of San Juan Capistrano to the mission and additional downtown facilities. The and the Spanish Colonial Revival architectural. Spanish circulation pattern for automobiles will be free flowing and Colonial Revival architecture is characterized by generous use clearly identified. It will not interfere with the pedestrian of light colored plaster walls, arches and sculpted corbels, circulation systems. Directional signage indicating clear paths "Mission" tile roofs, exposed wood rafters, recessed windows of travel will be clearly displayed.The Spring Street cul-de-sac with wood header beams, and terraces with overhead wood will be maintained as City property. trellises, balconies delicately appointed with ornamental iron works and accented areas with colorful ceramic the in-lays. There are 185 parking spaces to serve the development. Architectural Style sheets have been prepared which show the Project parking will be available throughout the property. All principal elements of the Spanish Colonial Revival project parking will be surface parking at grade. Parking lot Architectural style. The Style sheets are included as lighting will be directed downward, away from adjacent attachments in Appendix"A" properties and public rights-of-way preventing spillover onto The exterior fagades and rooflines are highly articulated to adjoining property, streets,or skyward. create visual interest, with exciting shadow lines and pedestrian friendly scale, consistent with the architectural Section 2.2.3. Landsca in style. To further reduce the bulk and mass of the buildings, the second floor of the retail building is conspicuously stepped The landscape palette will be designed in consideration of the back away from the ground floor fagades, creating in effect, a City's preferred California friendly and drought tolerant plant one-story base structure. The ground floor retail spaces will palette(Top 50 Native Plants, "Nifty Fifty"). The project will be be further appointed with colorful Banderas (flags) and designed with low water use, recycled water, irrigation overhead vine laced trellises. The goal of both the owner and systems to the maximum extent practicable, and with the the design team is to achieve design excellence through inclusion of smart timer(s), rain shut off valves and moisture attention to detail to ensure that the authenticity of the sensors. architectural style is not compromised. Architectural Elevations are shown in Appendix B. Plaza Banderas' courtyards, verandas, and patios are synonymous with the architectural style of a romantic period in Section 2.2.2. Site Design early San Juan Capistrano .history. Landscaping will be comprised of California friendly plants that lend themselves to The main project entrance/access from Ortega Highway will be the authenticity of the architectural style such as bougainvillea, a right-in and a right-out for traffic safety with additional access antique roses and select species that have adapted to to the development on both El Camino Real and Spring Street. California's gardens of today. The utilization of terra cotta and Comprebensive Development. . . 13 hand-wrought iron continues the connection to the past with the procedures and requirements outlined in Section 9- characterized by the natural landscape design. The 2.323 of the Zoning Ordinance. Landscape Concept Plan is illustrated in Appendix "C" Exhibits C-2a through C-2e. Section 2.2.5: Construction&Phasing Section 2.2.4: Grading The owner of the property, Stroscher G3 LLC, is proposing to construct the project in one phase. The commercial and hotel Prior to any grading occurring on the project site, the property components may not be completely concurrent but both owner shall submit a grading plan to the City in compliance buildings are planned for completion within one year of each other. s ! - r • Page 14 CHAPTER 3 - Comprehensive Development Section 3.2.1: Architectural Control Review Plan Regulations Any development plan submitted under this CDP must be submitted for Architectural Control(AC) approval. Section 3.1 - Purpose and intent The conceptual development plan submitted for City approval concurrently with this CDP is subject to Sec. 9-2.313. of the Zoning Ordinance, Architectural Control review. The AC for The purpose and intent of these Comprehensive Development . Plaza Banderas is being processed concurrently with this Plan (CDP) regulations is to provide for the orderly CDS'. development of all the components within the proposed project site, outline a list of permitted and conditionally permitted land Section 3.2.2: Conditional Use permit/Public Hearinas uses and establish the framework for how the project site will be developed in accordance with the General Plan and Zoning Certain land uses listed in this CDP are required to obtain a Ordinance. Further, these regulations are intended to facilitate conditional use permit. When a conditional use permit is the use of modern land planning techniques in a mixed-use required the processing of such permit shall be in accordance design concept to create a high quality, well-designed with the procedures outlined in Section 9-2.317 of the Zoning development project with land uses that are compatible with Ordinance. and will complement the historic downtown area. Section 3.2 - Administration/Applicability ical�ility When a land use specified within this CDP requires a public hearing, it shall be in accordance with the provisions and procedures outlined in Section 9-2.302(f) of the Zoning The regulations and procedures contained within this CDP Ordinance. shall apply to all development activity within the project area. Development of each building shall comply with the Section 3.2.3: Comprehensive Development Plan Amend- development regulations and design criteria contained within ments this document. The property owner may from time to time desire to amend the Where specific regulations are not addressed in this CDP, all CDP due to market conditions, economic conditions, etc. other regulations of the San ,Juan Capistrano Municipal Code Approval of an amendment to the plan rests with the Planning shall govern. In the event of any conflict between the Commission. The Planning Commission must determine that provisions of this CDP and provisions of The San Juan the proposed amendment is consistent with the overall Capistrano Municipal Code, the requirements of this CDP shall purpose and general design of the originally adopted CDP. If ap*- this finding can be made,the Planning Commission may Comprehensive . . _ , . ... ... ....... approve the amendment by resolution. The amended CDP of the San Juan Capistrano Land Use Code, except in cases shall then become the specific CDP associated with the where a development regulation is not addressed in the CDP, adopted PC district designation on the Official,Zoning Map. the appropriate provisions of the San Juan Capistrano Code shall regulate. If the Planning Commission determines that the proposed amendment is not consistent with the overall purpose and 3.5.11: General Provisions: general design of the originally adopted CDP, or there will be any alteration of land boundaries, the Planning Commission A) Individual development projects proposed as part of may direct the property owner to submit the proposed this CDP shall be consistent with the provisions of amendment, together with a new district change petition, for this CDP and shall be subject to the development processing pursuant to the provisions of the Zoning review procedures of the Zoning Ordinance of the Ordinance. City of San Juan Capistrano. Project plans required for development review of projects within this CDP Section 3.3 - Definitions for include: The terms used within this CDP shall have the same meaning . Site plans or development plans as those described in Appendix A of the San Juan Capistrano - Grading plans Municipal Code. - Landscape plans • Architectural Elevations Section 3.4 - Related Land Use and Building Codes - Zoning district designation Notwithstanding any provision of this CDP, no construction B) Development standards pertaining to minimum lot shall be permitted within the designated Planned Community size, building coverage, building setbacks and height, project area unless such construction fully complies with the parking requirements and PAR shall be governed by requirements of Title 8 of the Municipal Code and all other this CDP. related construction codes adopted by the City of San Juan Capistrano for general applicability. C) All proposed projects within the PC District that are visible from Ortega Highway, interstate 5 freeway, or Section 3.5 - Comprehensive Development Plan Ef Camino Real shall be subject to the provisions of Regulations the scenic corridor regulations of the General Plan Community Design Element of the City of San Juan The following development regulations shall apply to Capistrano. development of the planned community area, and development shall be in accordance with this CDP. These development regulations shall supersede other requirements Development 3.5.2. Permitted &Conditionally Permitted Uses accordance with the General Plan. Any use not specifically listed as permitted or conditionally permitted in this section is It is the purpose and intent of this section to provide a list of prohibited, unless a determination is made by the Community permitted and conditionally permitted uses (Table 1 following) Development Director that the proposed use is compatible with allowed within the project area that will complement the the overall intent and character of this CDP. proposed project.and provide for a specific range of retail and service commercial uses, including tourist and office uses in Comprehensive • • " PagO 17 Table 1 — Land Use Matrix l-and Use fYp Ferrnitted.Use. Conditional USe . Retail Uses,General: Art, art& photography galleries,studio, museum p Audio/video meds P Antique stores p Bakery/candy shop g Bookstore,newspapers, magazine p Clothing store p Computer sales p Cosmetic&notions sales p Fabric Store p Florist p General merchandise p' Curios, gift,novelty shop P Jewelry store P Stationery store P Service Oriented Uses: Automated teller machine (not in bank) P Bank,credit union,financial C Barger,beauty shop,day spa p Business support, secretarial services P Hotel(with ancillary uses) P Copy Shop P Taller shop P Food Service Coffee Shop P Delicatessen or sandwich shop P Ice cream or yogurt shop P Restaurantlautdoor dining (no alcohol) P Restaurant/outdoor dining (with alcoW) P Professional Office Uses (not medical or dental); Certified Public Accountant P Insurance P Professional services P Property management P Real estate P Stock broker P Travel agency P Notes: P=Permitted By Right C =Conditional Use Permit Comprehensive Development Plan . , , . 19 .............. . 3.5.3. Site Development Standards adjacent Mission, the commercial uses lining El Camino Real shall orient their entries to face the 1) Lot Size R2guirements street, or add additional landscaping and detail to create the same effect. This will protect the unique A minimum of One (1)acre streetscape, and aide in merchant success and retention as visitors and new customers experience 2) Building r Seth ck Reguirements an interesting and pleasant street front. This Section establishes standards to ensure the provision of One or Two Stories - If 2 stories or less the setback open areas around structures for access to structures, natural is 5 feet, light, ventilation; separation of incompatible land uses; space for landscaping, privacy, and recreation; and visibility and Three Stories: if 3 stories, the setback is 55 feet, traffic safety. The following requirements shall apply to each from the property or right of way line. Patios, building developed under this CDP: (all setbacks are trellis's, architectural features and outdoor dining measured from the ultimate property line) areas are encouraged to be located within the landscape area. a) Ortega Ujghffgy Frontage— Any retail commercial building frontage on Ortega Highway shall border c) Spring Street Setback - The setback along Spring the street right of way to encourage pedestrian Street, V two (2) stories or less, is a minimum of ten vitality, enhance visibility to motorists and to (10) feet from the property line for the first story and complement historic downtown patterns of if three (3) stories the setback is fifteen (15) feet development. A portion of the building elevation from the property line. Patios, trellises, architectural may be set back to allow for outdoor use, such as features and outdoor dining areas are allowed to be outdoor patio dining. located within ten (10)feet of the property line. One or Two Stories: A variable front setback shall d) Interstate 5 San Qk o Freewayl Setback — The be used where the average setback is greater than setback from the property line adjacent to the 5 feet, if 2 stories or less. Interstate 5 right-of-way from one (1) story and up, is a variable landscape buffer with a minimum five Three Stories: If 3 stories the setback is 60' from (5) foot average. ,The freeway landscape buffer ultimate property line. Patios, trellis's, architectural shall contain sufficient screening to provide a visual features and outdoor dining areas are encouraged buffer from.the freeway. Larking lots or ancillary to be located within the setback/landscape area. structures may be provided adjacent to, but not in, b) EI Camino Real Setback - To better articulate and the landscape buffer area, take advantage of the clear pedestrian-focus of the Comprehensive0eve.lopment » . . .y Z _ *; e) Intersection Visibility Setback — At the intersection Ortega Highway exclusive of any parking overhang and of Ortega Highway and El Camino Real, there shall shall consist of permanent landscaping. be a setback of 25 feet in a diagonal "corner-cut- off=' area, which shall be designed in a manner that 5) Landscape Qes' n/Conservation Standards is consistent with Section 9-3.559 of the Zoning Ordinance as illustrated in Figure 3-10 of said a) All landscaping proposed within the Plaza Banderas section. CDP shall comply with the landscape design and conservation standards outlined in Section 9-3.527 of the Zoning Ordinance:. Additional Landscape design 3) Building Nei ht Re uirements requirements are found in Chapter 4.2.2,9.- Design Guidelines, Landscape. The building height requirements are designed to prevent b) All areas of the project outside of the building adverse visual impacts to the adjacent mission. The footprints shall be fully landscaped with plantings, following building height limitations shall apply to each hardscape, or enhanced paving, exclusive of parking building developed under this CDP (all building heights and the automotive circulation system. shall be measured from the on-site finished pad elevation c) The combined impervious site coverage for individual to the highest point of the roof or parapet): building sites (including buildings, parking, plazas, sidewalks, and drives) shall be limited to a maximum of 80 percent of each site's land area. Dist.pe-fro Ridht'of iMaxmumitidig eightsaa S} Lighting_Standards 01-30, 30' Greater than 30' 45' The intent of these provisions is to balance the goals of the General Pian to maintain a small-village, rural atmosphere, with the need to provide for the safe movement of vehicles and people in all districts. To meet 4) Landscape Setback„Reguirements this intent, recommended lighting levels will be defined to • Satisfy functional and decorative needs The minimum landscape setback requirements for the ' Designate minimum levels that will both provide proposed project shall be as follows (landscape setbacks security and safe passage for the public shall be measured from the property line subsequent to ; Complement the architectural style of the building the future alignment of Ortega highway which will and retain a pedestrian scale while providing establish the final right of way, or property line): illumination of building fagades and entrances ■ Enhance the desired atmosphere of the downtown a) Parking—A variable buffer zone with an average 5-foot community. buffer is required where parking spaces are adjacent to Development e) Intersection Visibility Setback — At the intersection Ortega Highway exclusive of any parking overhang and of Ortega Highway and El Camino Real, there sha11 shall consist of permanent landscaping. be a setback of 25 feet in a diagonal "corner-cot- es' .Conservation Standards o area, which shall be designed in a manner that 5) Landscape,f:7, ,rc�n/ , is consistent with Section 9-3.559 of the Zoning Ordinance as illustrated in Figure 3-10 of said a) All landscaping proposed within the Plaza Banderas section. CDP shall comply with the landscape design and conservation standards outlined in Section 9-3.527 of the Zoning Ordinance. Add Riona I Landscape design 3) Building,HNght Reguirements requirements are found in Chapter 4.2.2,9.- Design Guidelines, Landscape. The building height requirements are designed to prevent b) All areas of the project outside of the building adverse visual impacts to the adjacent mission. The footprints shall be fully landscaped with plantings, following building height limitations shall apply to each hardscape, or enhanced paving, exclusive of parking building developed under this CDP (all building heights and the automotive circulation system. shall be measured from the on-site finished pad elevation c) The combined impervious site coverage for individual to the highest point of the roof or parapet): building sites (including buildings, parking, plazas, sidewalks, and drives) shall be limited to a maximum of 80 percent of each site's land area. Distan-ce froom,Right of - Maximum Buildingeig Heights Wa 6) Lighting Standards 0'—30' 3D' Greater than 30' 45' The intent of these provisions is to balance the goals of the General Plan to maintain a small-village, rural atmosphere, with the need to provide for the safe movement of vehicles and people in all districts. To meet 4) Landscape Setback fteguirements this intent, recommended fighting levels will be defined to • Satisfy functional and decorative needs The minimum landscape setback requirements for the • Designate minimum levels that will both provide proposed project shall be as follows (landscape setbacks security and safe passage for the public shall be measured from the property line subsequent to • Complement the architectural style of the building the future alignment of Ortega highway which will and retain a pedestrian scale while providing establish the final right.of way, or property line): illumination of building fagades and entrances • Enhance the desired atmosphere of the downtown a) Parking—A variable buffer zone with an average 5-foot community. buffer is required where parking spaces are adjacent to DevelopmentComprehensive Page: W- Therefore, all on-site lighting for the proposed project effective communication; therefore, in considering signs shall comply with Section 9-3.529 of the Zoning allowed under the Plaza Banderas project, close Ordinance. attention is given to adequate sign visibility and legibility. a) Parking areas shall have lighting capable of providing a) Site Specific Approval - all signs are subject to adequate illumination for security and safety. Lighting submittal of a sign program. standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). b) Permitted Signs - The following sign types will be b) All illumination, including security lighting, shall be permitted within Plaza Banderas: directed downward, away from adjacent properties and (1) Monument Signs - are freestanding, low- public rights-of-way preventing spillover onto adjoining profile signs where the sign width is mounted property, streets, or skyward. to the ground as a solid architectural element. c) Lighting systems should be designed for normal levels Landscaping and hardscape features shall be during operating hours and reduced intensity levels integrated at the base of the monument sign, throughout late, non-operational hours (for security (2) Flush mounted wall sign - are attached purposes). parallel to a wall surface. d) Any new street lighting shall match the existing fixtures. (3) Flags — Only official flags of Governments or Tribal Dations are allowed as permanent 7) Walls f=ences &Hedges accessory signs. (4) Decorative Banners — are any cloth, plastic, Walls, fences and hedges will be used throughout Plaza or similar lightweight material used for Banderas project to complement the overall design decorative purposes mounted to a structure, theme, establish community identity, provide protection supported from the exterior wall of a building. from roadway and other noise, and allow privacy and (5) Business promotional signs, temporary in security. All wails,fences, and hedges shall comply with nature, are permitted in accordance with the the requirements of Section 9-3.517 of the Zoning requirements and provisions of Section 9- Ordinance, 2,543 of the Zoning Ordinance. 8) Sign Regulations c) Sign Design - Signs shall consist of high-quality materials and color palettes that reflect the In recognizing that the primary purpose of signs for Plaza architectural theme of, Plaza Banderas, as well as Banderas is to allow for proper business identification for complement the existing architectural design of the the public and business, the design and placement of all San Juan Mission and surrounding area. signs permitted within the Plaza Banderas project must (1) Monument Signs shall be monolithic or adhere to specific design standards as set forth below. It incorporated into a wall and constructed of the is recognized that the primary purpose of signs is same materials as used on the building Comprehensive'Develbpmant structures. Landscaping and hardscape (1) Signs mounted on or above roofs; features shall be integrated at the base of the (2) Signs which incorporate in any manner flashing, monument sign. moving, including signs manipulated by (2) Flush mounted wall signs shall be backlit individuals, or intermittent lighting; reverse channel letters. (3) Signs which incorporate mechanical movement of any kind such as but not'limited to, rotating, (3) The following materials are allowed within this revolving, moving, or animated signs; project area: (4) Signs with plastic faces, internal illumination, or non-ferrous metal; and neon. ■ Heavy cloth or canvas. (5) Trailer signs and signs attached to the roof, (4) A monument sign shall include a supporting trunk, hood, or other part of a vehicle, unless base composed of brick, stone, concrete, metal, specifically permitted by subsection (f)(2)(H) of plaster, architecturally treated wood or other this section; similar materials. (6) Valances, balloons and pennants; (5) The use of plastic lettering shall not be allowed. (7) Signs which are supported in whale or in part (6) The design of all signs within the project area from any public utility installation or any tree or shall be consistent and complementary with other utility pole on public or private property. one another. (8) Signs which by color, wording, design, location, (7) The use of temporary signs is discouraged with or illumination resemble or conflict with any the exception of city approved "grand opening" traffic control devices or with the safe and banners. efficient flow of traffic; (9) Signs which create a safety hazard by d) 5i n Areg gnd Height— The maximum sign area size obstructing the clear view of pedestrian or and height provisions for all signs permitted within this vehicular traffic; CDP are set forth in Table 2 fallowing on page 24. (10) Signs which do not conform with the design standards of this sign program; e) Prohibited Signs — The following signs shall not be allowed within the Plaza Banderas Project: Development . . . [t Tablet--S,ign Standards Matrix Type"of"S gn MaximumMa°ximuin'Areaa square MaXIMUM (11.urrtt3e-o He ight feet}* Monument Sgn 6 feet 60 square feet Two (2)freestanding Center f Business Identification signs shall be allowed at the Ortega Hwy entrance to the project. • One (1) freestanding Center 1 Business Identification sign shall be allowed at each additional entrance to the project. Flush mounted 25 feet above 24 square feet One (1)sign total perbusiness entry located above floor level the entry • A center identification sign will be located above the corner Plaza entry. Flags 4 feet x 6 feet six(6) per street frontage Decorative Banners maximum fifteen (15)square • one banner perbusiness feetwith a maximum length dimension of five (5)feet Pedestrian-Oriented 6 feet 6 square feet • Not included in calculation of thtal sign size. (Convenience)Signs Business Promotional nla 30 square feet(no more • One (1)sign per street exposure not to exrd 60 Signs than 10 feet in length) square feet total and no more than 14 days allowed. Notes: For the purposes of this CLIP,the maximum sign area indicated shall apply to each sign face. Any request for additional signs or sign area over what is allowed in Table 2 above may be approved provided the Planning Director detennines that the request is in scale with the building elevation of the tenant. tf the Planning Director determines that it is not in scab with the building elevation, the request shall be referred to the Plannino commission for determination, Comprehens4Ve Development • . s . 111111 f) Sign Program — A master sign program is required in 9) Parking Requirements order to create a compatible design theme for all signs within Plaza Banderas. The sign program will create a visually The provisions of this section are established to provide pleasing method of providing compatible and complementary for the parking of motor vehicles for the Plaza Banderas signs throughout the project site; to inform users and tenants site. This CDP provides for a mix of uses with differing of desired sign characteristics; to minimize visual clutter; and peak parking demand times and specific use needs and to unify the appearance of the development site so as to shall require a parking demand study to determine the create a distinctive sense of place. All signs shall comply number of spaces required. Parking shall be in with the design standards of this section, the approved sign accordance with the approved parking management plan program and the Guy's adopted Architectural Desgn Guidelines. resulting from said parking study. The parking study and parking management plan for the development plan The sign program shall be approved concurrently with being processed concurrently with this CDP are attached the AC or subsequent to the AC when made a in Appendix "D". condition of approval. No signs shall be permitted until a) Parking Management Plan — In the event that shared the sign program has been approved. or off-site parking is not the best option to meet g) SignPermit Review Procedures — A sign permit minimum parking requirements as determined by the application shall be processed in accordance with the parking demand study, a parking management plan requirements and provisions of Section 9-2.343 of the may be used as outlined in Section 9-3.535(g)(2). Zoning Ordinance and shall not be issued unless the Further, the Planning Commission may reduce the proposed sign a numerical parking requirements set forth In the parking Pro p gn conforms to theapproved sign programordinance through the granting of an exception when a Each business owner within the project area shall) parking management plan is developed for a project. comply with this provision. Such parking requirements shall be reduced only if the h) Exce tions- Exceptions to the design standards of the parking management plan incorporates provisions Plaza Banderas Sign program may be granted by the encouraging the use of public transportation facilities or Planning Commission after conducting a duly noticed is otherwise aimed at reducing the growth of total public hearing in accordance with Section 9.2.335 of vehicle miles traveled. the Zoning Ordinance. In order to grant an exception, b) Required Parkin_ g CafcufMon$ -- This CDP consists of the Planning Commission must make specific findings a variety of uses that have different parking as outlined in Section 9-3.543(i) of the Zoning requirements. The specific parking calculations for Ordinance each use within the project shall be determined by considering the information on joint use and Section 9- 3.535 (d) of the Zoning Ordinance as identified within the parking management plan. Items taken into Development-Plan � , o . . ......... consideration to reduce the number of required parking (6) Non-conflicting peak demand times for different spaces include, uses. (1) Off-Site and (2) Shared Parking In the event that the tatel c) best n and Improvement Standards — On site parking number of vehicular parking spaces required lot stalls with a parking angle of 75 to 90 degrees shall above cannot be provided (due to either site follow the following design criteria: Parking stalls shall constraints, topography, etc.), shared parking or be a minimum of 9'-0" wide by 18"-0" deep, including off-site parking, or both, may be utilized. Since 2'-0' landscape overhang. Drive aisies. shall be a the proposed project, is intended to be minimum of 24'-0"wide. designed and planned with a mix of uses, All other Parking angles shall adhere to the minimum shared or off-site parking, or both, may be city standards in the Municipal Code Sec. 9-3.535. - considered in determining the specific number Parking, of parking spaces. (3) Reciprocal/shared parking between adjacent d) Parking Lot Landscaping Requirements. — The parking facilities and/or developments; area within this CDP shall provide parking lot (4) Available off-site parking for special events; landscaping in compliance with the requirements of (5) Flexible work hour schedule; and Section 9-3.529(h) (1) and (2) of the Zoning Ordinance. - . N' Standard Parking Dimensions Comprehonsive . . • . . - CHAPTER 4 - Architectural design Guidelines Section 4.1 - Introduction y These design standards are intended to provide clear and useful f+3�� recommendations for the design, construction, review, and an approval of development in Plaza Banderas. These standards incorporate the applicable areas of the City of San Juan Capistrano Design Guidelines and are a reference point for a common understanding of the minimum tangible design expectations. TheN *�� ;� r standards are a way of achieving attractive and functional projects 5 that will realize the goals of both the City and the development community. All development within this CDP shall conform to the design standards to every extent possible. 4.1.1: Overall Goals k The Plaza Banderas project shall comply with design principals from the General Plan Community Design Element; 1) Reinforce and enhance the City's downtown as one of the primary focal points of the community; Courtesy of San Juan CapisfranoHisfarfcat socfery 2) Contribute to the existing pedestrian-oriented"village-like" environment; 3) Complement the scale, proportion and character of development in the surrounding area; 4) Establish attractive, inviting, imaginative and functional site arrangement of buildings and parking areas; 5) Create a high quality architectural and landscape design which provides proper access, visibility and identity; and 6) Provide stylistically diverse and creative architectural design solutions which convey a sense of timelessness and elegance. 4.1.2: Architectural Design Expectations Architectural design within this CDP shall meet the following expectations: 1) The Plaza Banderas project shall comply with the design principals in the General Plan Community Design Element; 2 The Plaza Banderas project shall comply with the applicable policies of the City's adopted Architectural Design Guidelines; 3) Design features that detract from the architectural design including, but not limited to, paint-on facades, super graphics, and structures which visually dominate historic sites or buildings shall be prohibited; and 4) This proposed development will be scaled to the historic Ban Juan Capistrano town Courtesy of San JuanCa#sirano center and Mission, which. it adjoins and with which it shares common circulation, Historical Society pedestrian linkages, public parking, public transportation and environment. Buildings shall be arranged around an internal courtyard to provide convenient pedestrian- oriented access to entrances and open space and to provide connectivity to neighboring attractions. Section 4.2 - Design Standards The design standards identify the major elements of a comprehensive design policy, and serve as a framework for each individual structure within Plaza Banderas. Adherence to these standards will help to ensure that projects develop in a sensitive manner, are respectful of adjacent properties, and exhibit the degree of architectural and design integrity that is desired and required by the City. Ultimately, the goal of these design standards is to ensure that any development within the Plaza Banderas CDP area is a source of tremendous pride for City residents, and creates an environment that compels people to visit, shop, and spend time in downtown San Juan Capistrano. DevelopmentComprehensive s 4.2.9: General Standards All development within this CDP shall conform to the following: 1) Site Planninrr sr Fir a. The site arrangement of structures, parking, circulation areas and open L ..: ..Y. spaces should recognize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, 4 character and materials. rEJIr �, b. Siting of buildings along street frontages is encouraged. Zero or minimal building setbacks should be considered,where appropriate. c. Continuity of pedestrian oriented activities along street frontages is encouraged. Avoid disrupting the pedestrian experience by Parking lots and J � blank walls. Building siting along with shared parking and d. The site shall be organized to encourage pedestrian circulation. Walkways access serve to connect commercialprgfects should be attractive and embellished with landscaping, ornamental light fixtures,furniture,trellises, and/or other decorative features. e. Storefronts and major building entries should be oriented towards streets, courtyards or plazas. Avoid placement of "dead spaces" such as storage , , areas along street frontages. f. Modulate building massing to accommodate pedestrian plazas, landscaping, w. seating areas and public art along the street wall and at prominent # � intersections. g. Locate parking at the rear of lots and devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. h. Create pedestrian paseos to parking lots that are located behind buildings. 2) Gradina a. Landform preservation should shape and guide site development of Wafkways with plantings and commercial proposals. Grading should not substantially after natural grades dynairics to the streetscape environment to increase the area of developable land. ive'Devellopmentflan Page m b. Innovative grading concepts such as contour grading that incorporate use of variable slopes and meandering tops and toes of slopes techniques are encouraged. Smooth, gradual transitions between manufactured and natural slopes are recommended. c. Use of retaining walls should be minimized. There use of retaining walls cannot be avoided,they should be screened to the maximum extent possible , Y and use of plantable retaining walls systems or vine-covered walls should be employed as part of the design solution. � � 3) CompaftbifitU � i' a. Project design should complement the surrounding built environment in pattern, function, scale, character and materials. Natural site features Arcjecrctesignorientsthe buiiftgtot hestreet and includingstreams, scenic vistas and stands of mature trees should be compunctions the surrounding buitrt3nvlronmenr;n both function and style integrated into the overall project design b. The placement of structures, circulation patterns and open space location should acknowledge the site's characteristics. c. Increased setback buffers, intensified landscaping, and building orientation and design techniques should be utilized to attain the greatest degree of compatibility between commercial developments and lower intensity land uses. ' 4) Building Siting a. Structure siting should take into consideration surrounding context, location of incompatible uses and unique site characteristics. b. The placement and design of structures on corner and mid-block parcels, should create a strong visual and physical connection to the street frontage. c. Building and site arrangements should facilitate pedestrian activity, screen — parking and foster public use of spaces. Freestanding buildings should be grouped around a commdn Poca1 paint or design feature d. Clustering of structures to create plazas and pedestrian malls is encouraged. When clustering is not feasible, visual and physical linkages between separate structures should be established by the selected architectural style, r�E �r � z freestanding architectural elements (e.g. arcade systems, trellises) s , landscaping and herdscape. .15" e. The building design of structures 'sited adjacent to street corners should .. 7 recognize the importance and visibility of the "local" by incorporating appropriate building massing and forms to "anchor' the intersections. Angled or curvilinear building forms and plazas are encouraged at corner: locations. f. Extensive parking lot areas between buildings and right-of-ways are discouraged along pedestrian oriented as well as auto oriented corridors. Garners structures treed to incorporate visibility into g. Parking lots should occupy no more than 65% of a site's street frontage. the design and may use focal elements to anchor h. Use of landscaping and architectural elements to enhance perimeter parking the c orner andprovidesubstamo areas is encouraged. 5) Vehicular Access/Circulation/Parking a. Site access and circulation design should promote safety, efficiency, and convenience for vehicular and pedestrian traffic. b. Site entries may be accentuated by ornamental landscaping, decorative paving, raised medians, gateway structures, and monument signage. c. Use of streets to fulfill internal circulation needs is not permitted. A continuous circulation network system should be provided throughout the site to the greatest extent possible_ Dead-end driveways should be minimized. T "` Adequate areas for maneuvering, stacking, truck staging, loading and emergency vehicle access shall be provided on site. n. d. The number of site access points should be proportional to the functional needs and scale of the development. Placement of driveway entrances in A master plan for a development with shared proximity to street intersections should be avoided. Use of common or parking and access provides a well defined shared driveways is encouraged. Circulation syst em e_ Driveway entry locations should be aligned with existing or planned median openings and driveways on the opposite side of the roadway. f. The parking lot design, particularly of larger parking lots, should differentiate . and provide the following: major access drives with no direct access to parking spaces; primary circulation drives with minimal parking; and parking aisles for direct parking space access. g. Parking should not dominate street frontages, Parking areas should be screened by landscaping and structures. h. Larger parking lots should be divided into a series of interconnected areas. i. A raised walkway and landscape strip should be provided between parking ..u,., areas and buildings. Walkway and landscape strip dimensions should amply , accommodate anticipated functions, intensity of use, landscaping theme and � q associated planting materials. j. Placement of parking areas along primary circulation driveways and adjacent to building entrances is discouraged. Well-plannedparkfng andcircdatien design provides easy access to spaces 6) Pedestrian Circulation a. Pedestrian linkages should be established between buildings, sidewalks and parking areas. b. Clearly defined pedestrian paths should be provided from sidewalks and parking areas to primary building entrances. �t c. Pedestrian pathways should be separated from vehicular traffic by a change in grade level. Use of raised pedestrian pathways in conjunction with . enhanced paving, landscaping and bollards to delineate pedestrian paths is recommended. d. Parking areas should be designed in a manner that allows pedestrians to walk parallel to moving cars and minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries. .: 414 7) Plazas and Courtyards a. Inclusion of plazas and courtyards within commercial developments is encouraged. Entries to plazas and courtyards should be inviting and well lit. g"".a b. Landscaping, water features, and public art should be incorporated into plaza and courtyard design. {> c. Courtyards should be buffered from parking areas and drive aisles. Theirnermidreulatton pattern sh oild provide a clear pa th of(revel for pedestrians DevelopmentComprehensive o • 31 d. Primary access to public plazas and courtyards should be provided from the : street. Secondary access may be provided from retail shops, restaurants, f offices and other uses within the development. e. Shade trees or architectural elements which provide shelter and relief from direct sunlight should be provided within plazas and courtyards. ,Rk `i f. Secondary entrances from plazas, paseos, or rear parking areas may act as IZ a-secondary storefront. x g. The rear and side entry door design shall be compatible with the front dour. Special security glass (i.e.wire imbedded) is allowed. 4� fl 8) Loading and Delivery Areas a. Loading and delivery Service areas.Should be located and designed to t„andscaptng shadcomptament and enhance the minimize their visibility, circulation conflicts and adverse noise impacts. character of thest,wtures and create aserne of b. The building structure(s), architectural. wing walls, freestanding walls and ° e landscape should be used to screen loading and delivery service areas. c. Placement of loading and delivery areas within setback areas is discouraged. d. The loading and unloading area shall be of sufficient size to accommodate the number and types of vehicles that are likely to use this area, given the nature of the use. 9) Utility.and Mechanical Equipment a. Utility, service areas and mechanical equipment should be screened froms view. All screeningdevices should be compatible with the architecture 3; p materials and colors of adjacent structures. F Y b. Utility apparatus such as transformer units, valves and timers, which are K , i required to be installed along street frontages, should be under grounded or otherwise screened from public view with landscaping. 1 p)Refuse and Storage.Areas F ,h a. Trash and storage enclosures should be architecturally compatible with the agar" a"a�ro the beaPS;�,eaas . ' an rntegrat part of the structure project design. Landscaping should be provided adjacent to the enclosure(s) to screen them and to deter graffiti. Develop . .g. 83 b. Trash storage should be enclosed within or adjacent to the main structure or i yx3 tµ located within separate freestanding enclosures. ;u c. The location of trash enclosures should be easily accessible for trash collection and should not impede general site circulation patterns during ,,t loading operations. x w Ab d. Trash enclosures should be sited to minimize nuisance to adjacent properties. " e. Trash and loading facilities shall be located either: i. At the rear of the site where they can be screened appropriately; , ii. Along the sides of the buildings not visible from a public street; or Drought requp a =reeingand wafts provide attractive aquipmentscreenitrq iii. Incorporated into the building design. If) Walls and Fences ,r a. Walls and fences should be designed to complement the project's architecture. Landscaping should be used to soften the appearance of wall and fence surfaces. F b. Solid wall enclosures with pilasters, decorative caps and offsets are recommended for screening purposes. A- c. . Solid walls and fences within front and exterior sine yards of commercial sites � �� should be avoided. d. The design of outdoor dining enclosures should be integrated within the overall project design and should be consistent with the architectural theme. Vries andptantingssoften Mas urraceorthewait 12)Paytnq a. Paving materials should complement the overall architectural theme. Use of unadorned concrete paving solutions is generally discouraged. Use of decorative paving materials is recommended. b. Decorative paving should be incorporated into the design of, driveway entries, pedestrian walkways and crosswalks on private property. c_ The use of pavers is encouraged. Use of stone and brick is acceptable, where such materials are deemed appropriate. Pavtng materials compternord the storefronts ComprehensiveDevellopment PoSe 34 13)Lightincr a. The type and location of parking lot and building fighting should preclude direct glare onto adjoining property, streets, or skyward. Lighting systems should be designed for two operating levels; a higher intensity lighting level for business operating hours and a reduced intensity level for non-operating hours. b. The design of the light fixtures and their structural support should be architecturally compatible with the theme of the development. c. Pedestrian scale/decorative light fixtures are encouraged. "High mast" poles , are discouraged. d. Lighting should be designed to satisfy functional and decorative needs. Security lighting should be designed as part of an„overall lighting plan. e. Storefront lighting should complement the architectural style of the building , l:: while providing illumination of building fagades and entrances. f. Use of accent architectural lighting is encouraged. g. The lighting of building elements and garden walls is an effective and bildngfixturesmn.Rihttntthrotectuoats{yteorthe buitr�'ngand are consistent thrauyhoui attractive lighting technique that is encouraged. However, light sources for wall washing and tree lighting should be hidden. 14) site Amenities a. All Site amenities should be coordinated in terms of color, materials and � design in order to convey a cohesive project appearance and distinctive 74 character. ��'. b. Seating should be included within plazas, courtyards and along pedestriant'ax,:a circulation areas. c. Free grates should be utilized along street frontages and plaza areas where a decorative and/or continuous walking surface is desirable. Grates should be a minimum of four feet in diameter and should incorporate knockouts to accommodate the growth of the tree trunk over time. d. Tree guards should be provided to protect trees in high activity areas. Their tncorporatrngstreetfurr ture,art,andtar4scapirg design should be compatible with site furnishings. into the design of plaza areas creates a specifec atmosphere to enhance the character of tho e. Bollard design should be consistent with the overall project theme and should development complement other site furnishings. Development .................... f. The placement of planters and pots may be used to organize, accent and direct pedestrian traffic flow. g. Planters and pots should be utilized to provide visual interest and color accent building recesses, at locations where access is discouraged and adjacent to blank walls. h. Planter colors and materials should be compatible with the architectural theme. f i. Newspaper racks should be consolidated wherever possible and carefully sited to ensure provision of adequate pedestrian circulation clearance around them. j. Newspaper rack design should be enhanced by masonry and(or metal elements that complement other streetscape furnishings. k. Bicycle rack design should be consistent with other streetscape furnishings. lrA Use of"loop racks" and "ribbon bars" are encouraged. I, Bicycle racks should be located in visible areas. 4.2.2: Design Standards Pets and planters can make an entry more inviting while the alcove provides relfef from the elements New infill developments and renovation of existing structures in the downtown district for the pedestrian passing by must be respectful of their. surroundings. An informal character and sense of individuality is desired to preserve the ambiance and historic integrity of downtown San Juan Capistrano. High quality, creative architecture that complements "historic" structures may be integrated within the urban fabric if designed appropriately. Such design concepts will be evaluated and may be permitted, if found appropriate for the project site and district context, on a case-by-case basis. 9) Architectural Imagerya " Mt AJ a. The architectural style/ design should enhance the site's context and should �� be harmonious with existing building massing, scale, proportions, colors and materials. in all cases the selected architectural style should be utilized on all srlle e<f��l details are lice rn the ar�hatect rel style of tfre builp5ng provide symmetry and are building elevations, compatible with surroundingstrucfures b. Architectural details and variations in form should be incorporated in the building design in order to create visual interest. Cbff�prahens We Devo lopment Plan Pagt s 4 c. Structures that incorporate building elements with "human scale" proportions are encouraged. k d. Incorporating landscaping and architectural detailing at the lower level of buildings could be used as a design technique to diminish the overall impact ' of larger structures and soften their appearance. e. Project design should establish or maintain "rhythm" while avoiding monotony. This can be accomplished by arranging repeated major building elements into manageable; groups. Repetition of existing fagade modules and components (e.g. bulkheads, arches, arcades, and balconies) is strongly encouraged. - .. f_ Buildings facing pedestrian streets and plazas should incorporate design The ptazeis wGasstWatrom ground floor uses and features that provide visual interest at the street and plaza levels, provides rocaielements for projedinte7ity g. Building faQades, and storefronts should be designed to enhance the visibility of merchandise and store related activities by pedestrians. h. Outdoor activity areas such as plazas and dining areas should be visible to the passing pedestrians. i. The design of first floor commercial buildings should be based on a high ratio of void (windows) to solid (wall) areas. The lower building level (storefront) should be predominantly comprised of transparent surfaces to foster _. pedestrian activity and accommodate retait-merchandising needs. <y . 2) Building Form and Mass ' a_ The form and mass of new buildings should create a pleasing transition to , surrounding development and relate to the scale of adjacent structures. b. The architectural design and placement of"Anchor buildings" on site should balance and not ove=rshadow minor "in-line" tenant spaces and "freestanding pad" structures. c. Building fagade design should complement downtown's pedestrian scale environment. This can be achieved by increasing the degree of building detail at the street level, articulating individual floor levels with horizontal tt,staricattyutians have a y„yf,degree of design bands and by proper use of color. integrityevidontin each minute detail d. Variations in building height and massing as well as articulated fagades are strongly encouraged as they contribute to community image, provide a human scale, and improve the pedestrian experience. B - opPage e. Taller buildings should be made fess imposing by incorporating horizontal massing offsets. f. Each building shall incorporate building plane off-sets, windows, entrances and/or other architectural features compatible with the building design to avoid long linear unbroken walls. -: g. The predominance of transparent surface (window and door) to solid surface (wall) ratio along the street level elevations is encouraged. q 3) Building Materials and Colors # a. Materials and colors should be selected to unify the building appearance and fit into the pedestrian realm context. b. The complexity of building materials shall be based on the complexity of the building design. More complex materials shall be used on simpler building designs and vice versa. In all cases, storefront materials shall be consistent with MR the materials used on the proposed building and adjacent buildings. c. All Plaza Banderas exterior building materials will complement those used in the Bimensionindesign elements and defailgive the storefrorrt structural s u6st ante surrounding area. Materials are limited to: i. brick li. stucco iii, granite iv. terra cotta v. Stone vi, wood d. Accent materials should be used to highlight building features and provide visual interest. The following building materials may be utilized: vii. brick viii. concrete , F fj ix. stone x. woods xi, t=ile (bulkhead, wall enclosures and fenestration) xii. copper Brick,stucco,granite, terra cotta,stcna and wood xiii, painted metal are approved structural m atariats xiv, wrought iron Comprehe"6:71 - 01opirnent e. Color palettes harmonious with those found in the surrounding area that complement the Spanish Colonial Revival architectural style are permitted for buildings in Plaza Banderas f. Contrasting or more intense colors may be used to accent architectural . details and entrances. s. g. Use of building materials such as tile, brick, stone, and copper in their natural finish color is encouraged. 4) Roofs and Upper Story Details a. Roof design shall be consistent with the Spanish Colonial Revival style: L Low pitched gable or cross-gabled roof; sometimes hipped; Ba-rei fries are free to the Spanish Mission style ii. Complex, multilevel roof form that complements an asymmetrical architecture massing; iii. Eave with small overhang; iv. Flat roof with sculpted corbels or parapet; and v. Red two-piece barrel clay tile. b, If flat roofs are used within the building design, they shall be screened with parapets on all sides of the building. if roof-top mechanical equipment is � x placed on roof-tops, the parapet shall be at least two (2) feet in height to h: visually screen the equipment. If parapets are not practical, then other screening methods may be used at the discretion of the Community Development Director. ' n k` c. Roof-mounted mechanical or utility equipment should be architecturally ,'_ integrated within the overall building design. a d. The design and finish of chimneys, roof flashing, rain gutters, downspouts, vents and other roof protrusions should be architecturally integrated into the structure design and complement the overall architectural theme. ,. e, The inclusion of balconies in the overall building design is encouraged. The Thedesign of such spaces shoutd complement the overall architectural theme in c frafive CWYpl8rft8nf3 the soft color palette and d6corleve frim terms of location, size, and detail. f. Where architecturally appropriate, sloped roofs shall provide articulation and variations to soften the massiveness of the roof, Sloped roofs shall also include exposed wood eaves. DevelopmentComprehensive g. All rooflines must be broken up through the use of gables, dormers, plant- ons, cut-outs or other appropriate architectural elements compatible with the main building design. 5) Entrances Store Fronts,_Facades a. Projects located at intersections should ensure the design treatments are continued around the corner and that an appropriate transition between the project improvements and the adjacent public and private Improvements is Continuity shourdberrraiofaimdthrough the use of provided. conplomentary design features,such as windows, b. Provision of a prominent corner entry to buildings located at street intersections is recommended, c. Main building entries should be emphasized by utilizing one or more of the following design techniques: N. i. Recessed or projecting arohitectural features such as porticos, s storefront bays, towers etc; `- �., ii. Landscaping planters, paving or other hardscape details; or iii. Roofline changes, , d. Building entries should evoke a "sense of arrival" by being distinctively designed and readily identifiable. Variations in massing, architectural detailing, colors and materials are encouraged to articulate entry areas, e. Use of high quality door design, storefronts and hardware details is hhe crud` while emphture sizi continues on dualboth aes o! encouraged. staefr nts e while emphasizingiridividuai f. boors for retail shops should include a high percentage of glass area. g. All wall surfaces visible to the public should be architecturally enhanced. F, h, Where vertical architectural elements (e.g. clock towers, stair towers) are f� proposed as focal points, their scale and relationship to the main structure . should be carefully considered. i. Stairways should be designed as an integral part of the building architecture. j. Stairway projections which complement the architectural massing and form of b the building are encouraged. k. Stairway design should be consistent with the overall architectural theme. moi; ry z- Where appropriate, decorative features such as. tile risers and rails may be ... utilized to create visual interest. ..,:,. ,;.; I. The design and positioning of balconies should be compatible with the design of the building (e.g,, relate to [overall massing, window placement and This stairway is integral tothebuilding structura 3 proportion, etc.). Balconies having some inset aspect are encouraged, and should not appear to be an afterthought. m. Gutters and downspouts should be concealed, unless designed as a �3 decorative architectural feature. E ;_ n. Mechanical equipment should be fully screened. All screening enclosures should be compatible with the buildings architecture, colors and materials. o. Building signage should be integral to the fagade design, placed in the sign band above the first floor entry or on blank wall areas specifically intended for eF signage. 6) Windows Windows, recessed entry and roof articulation express welcome and shelterto the visitor a_ Traditional, rather than freeform window shapes, are preferred. Multi-paged windows are encouraged. Use of clear glass (at least 88% light transmission) on first floor storefronts is recommended. b. The storefront window design should maximize visibility of displays and interior retail spaces. The average storefront bulkhead height in the downtown district(18-inches) should be considered in the design of storefront elevations. Maximum bulkhead heights for new construction should not exceed 36 inches. c. Window designs which permit additional light penetration within building spaces are encouraged. d. Windows on upper floors should be proportioned and placed in relation to groupings of storefront or other windows and elements in the base floor. Windows should have a vertical emphasis. e. Casement windows which can provide large openings and add interest to adjacent pedestrian areas should be provided where appropriate. Such window treatments are especially encouraged for restaurant uses. f. Window details could add to the architectural variety along street frontages. Use of the following window enhancements should be considered: i. Tile border surrounds ii. Colored window framing iii. Wood shutters iv. Plant-on relief features v. Iron or wooden grilles Wrndaw detail with design integrity add visual interest vi. Window boxes to the pr4ect appearance Comprehensive Development vii. Deep recesses viii. Plaster surrounds 14 7) Arcades a. Arcades could positively contribute towards fulfilling visual and functional IJ i t building needs. They can tame a stylistically traditional appearance or may be introduced as a"sculptural" colonnade design element giving articulation and t 3 depth to the facade. Regardless of the selected style, care must be taken to t ensure that the design of arcades appears "authentic" to the selected ,. architectural theme. b. The massing of all arcade components should be proportional to its overall size. pimensionin design eleme rds giv as a building the c. Archways should be designed with semi-circular or slightly flat arcs, aWekqrance ofstructuratsubslance d. Column size must relate in scale to the building. The column height should be approximately 4-5 times the width of the column. e. The use of column bases, capitals and bands is encouraged when use of such details is "authentic" to the selected architectural style and positively contributes to the proposed building design. 8) Plazas/Courtardsl Paseos _ a. Plazas and courtyards are encouraged within downtown San Juan . Capistrano. Ample seating should be provided within plaza areas. '' � � .o„'.�a 1 �Xttr. -i j4 V b. Inclusion of a visual focal point such as a fountain or public art within the courtyard area is recommended. c. Paseos shall be designed as an integral part of the project. Provision of alcoves, plazas and courtyard along paseos'edges or at their terminus points is encouraged. ; d. Paseos shall be of adequate width to accommodate anticipated functions, including but not limited to access, circulation, light and ventilation. e. Landscaping, art, decorative lighting fixtures, enhanced paving, and seating Odd"riving spaces arrdl ndscaping alementa shall be included within the paseo design to enhance the pedestrian invite tramirio,between outdoor andindoorareas experience within its space. Comprehensive Development- Page: w 9) Landscaping a. All use of California friendly planting, vines, flowering plants, arbors, trellises a and container planting is encouraged. , b. Inclusion of courtyards, gardens, and fountains in the overall project design is encouraged. Landscaping within courtyards should include a balance of hardscape and landscape materials. Emphasis should be placed on California and Mediterranean landscapes and gardens. c. Boxed and container plants in decorative ceramic, terra cotta, wood, stucco planters should be used to enhance street frontages, plazas and �� u F courtyards. d. Planters may be incorporated into seating and stair areas. Such planters ' g should be open to the earth below and should incorporate permanent continuftyshouldbemaintained through thetse of irrigation systems. unittedarchitecture,landscaping and design e. All trees in paved areas should be provided with "Deep Root' barriers features automatic irrigation and metal grates. 10)Parking Lot LandscaRinrr a. Parking_lot landscaping should accent driveways, Fame the major circulation aisles, and highlight pedestrian pathways. r r' b. Parking areas should provide interior planting islands in accordance with Title ;,, 9 requirements of the San Juan Capistrano Municipal Code. These � landscaping areas should be planted with trees, low shrubs and groundcover. c. All parking lot street frontages should be screened by landscaping. Parking lot landscape screening should be implemented by utilizing one or more of the following: i. A 32-inch high(max) evergreen hedge, n% ii. A 32-inch high (max) earth berm with a slope no cheater than The us a of co ntairw planting f n courtyard areas 3.5.3, or invites the pedestrian to relax and enyoythe iii. Trees planted at a distance of 35 ft. on center. Trees should be a ambiance 12-16 ft. high minimum from finish grade, or as recommended by conditions of approval. Comprehensive Development 91)Slope Vegetation and Erosion Control u i 119, a. All proposed slopes with a gradient greater than 6:1 and a vertical height of 3 3 . ft. or greater, should be vegetated within 30 days of completion of grading. b. All plant materials should be appropriately spaced to control soil erosion, r' c. Trees, shrubs, and ground covers should be planted in undulating groupings to improve the character of manufactured slopes. d. Vegetation of permanent slopes should include permanent irrigation systems. 12) Walls and Fences Small details in design create a sense of completeness a. Wall and fence enclosure design should be addressed as part of the overall development concept. b. The selected wall and fence design concept should consider and preserve scenic views available to the community, to the greatest extend possible. c. Where appropriate to the selected architectural style and project location, stucco or brick wall enclosures, enhanced with decorative inset tiles, ornamental metal fencing,entry gates, or planters are encouraged. !'l 13) Sign ©esicrn :3 t, a. Signs should establish rhythm, scale and proportion in fagades and arcades. � `� V4ar..,r �AA Sign placement should complement building elements rather than block them. The sign size should be proportional and in scale with the building's Pro erlyplantedslonespreventerosionandcontrol facade elements. water run off b. Sign colors should be compatible with the building color palette. Use of a Eight background with dark sign copy provides visually effective signage and is strongly encouraged. No more than two primary colors should be used on s r, sign. A third, secondary color, may be used for accent or shadow details. c. Sign copy should be kept to a minimum. Use of fewer words creates a more effective sign message. As a general rule, letters should not occupy more than 75% of the sign area. d. The overall sign shape should be kept generally simple so as not to detract �, p1 ,F from the message. e. Avoid hard-to-read and overly "intricate typefaces. The selected letter style Signs shouldbeeasy tore adwith asimple should complement the building design, straightforward design Comprehensive DevelopmentPage:44 f. Ground level signs should be smaller than those on upper levels. Signs oriented to pedestrian traffic should be smaller than automobile oriented signs. g. Careful consideration should be given to a sign's location. The placement of signs provides visual clues to the business entry location and affects the ++ design integrity of the entire building. 74)Franchise and Corporate Business.,._. a. The distinct architectural designs of many franchise and corporate businesses are typically not appropriate for historic areas such as downtown s;gnac?e cen tdr astory ofwhaf to expwinside San Juan Capistrano. Franchises or national chains must respect the architectural standards of the CDP to create unique buildings that are compatible with the existing structures and character of downtown San Juan Capistrano. DevelOpment ... ............ 4.2.3: Hotel Standards t � Hotels provide visitors with a strong first impression of San Juan Capistrano and therefore deservespecial attention within the guidelines. They arequasi-residential uses � On and shall be designed and sited to minimize the effect of noise from major streets. Motel ; architecture is often thematic, which presents a strong temptation to exaggerate the design of the building front and to neglect the other sides. However, all sides of a ,. ,. building shall be stylistically consistent. 1) Site Organization a. Some short-term parking spaces (no more than 5 spaces) shall be provided near the office for visitors to check in to the hotel. Balaocecan be achieved by offsettinga horizontal b. Recreational facilities such as swimming pools shall be designed to offer privacy to mass with a vertical accent to diminish tha overall facility users. effect c. Mechanical equipment of all types, including swimming pool equipment, shall be r " , located and screened to minimize impacts on adjacent uses. l 2) Safety Safety and security for persons and property are of paramount concern. At night, lighting M. is an integral component of the built and natural environment. Effective lighting provides safety and direction for vehicles and pedestrians and visibility and security for the hotel businesses. .:r4 A a. All external corridors shall have clear instructions for emergency exits, as well as fire extinguishers and alarm buttons where appropriate. b. Landscaping shall maintain adequate sight lines for visual safety, visibility and efficient security. Y ; c. Pedestrian areas, paseos, sidewalks, parking lots and building entrances should be adequately lit to provide safety and security, mss: d. Lighting should be designed to provide ambiance, safety, and security without unnecessary spillover or glare onto adjacent properties and light intensity should be of satisfactory quality to ensure visibility, Safety, and Security. Landscaping accents the architectural design and project fh�me 3) BLffjf�{r7q��5Lp17 Comprehensive DevellopmentPlan • - < a. Public or semi-public spaces (hoteftotel lobby, restaurants, meeting rooms, and banquet facilities) sited at ground level adjacent to a pedestrian walkway or a major k street shall use glass and transparent materials between the height of three feet (S) and eight feet(8') above the walkway or street grade. b. Noise attenuation techniques shall be included in the design of buildings near major ` . noise generators (e.g., major streets and highways), Techniques may include: Aw double pane glass, berms, or lowering the grade of the subject building below the roadway elevation. :a c. Air conditioning units shall not be visible from public streets. Vents for PTAC units must be incorporated into the window design. d. Guest roams shall be accessible from hallways within hotels over two stories. Avoid room entrances directly adjacent to parking lots or exterior walkways. . e. Walkway, stairway and balcony railings and other similar details shall be visually €, ` substantial and stylistically consistent with the basic building design. h : 'k. } y Stairs shOdd be 30 iritegrat design feaVure and not an afferthntxfht Comprehensive Development Page 4 Appendix "A" Architectural Style Sheets OevolbpmenfPliarv. page- •. Appendix "B" EXHIBIT B-1 a - Architectural Elevations --Gomm rclal .40 H. OUTH 'Ir VATIO'� �V��d ` A T �V1�Ttt��l _ { is Compreheneive Development _ EXHIBIT B-I b - Architectural Elevations— Restaurant i�hi k � 3 r' SOUTH ELEVATION WESt ELEVATION -AL) LEL r: Irl: 3' ti� io�� 7te VII i - R ' l... .. ........ is '�. .. - .. ....... .-- f NORTH ELEVATION ESS, CLEVATTON Comprehensive Development • E EXHIBIT B-1 c - Architectural Elevations — Hotel g"ssrr ENTRY i$QtSTHt fk f7 H��P�1e l:f�. 'n m{u' .Kt#3 `. �• _ 'lr�.<' � -_�� H � 1.d31 'X{� � f� � '} - gpi a i f s ram x�3 f s3 ria z3ti'a'?"It} `�r a'k Tz 1 � ! r3slaE{ 't; 1�. Y, ,c. r ,•x ; qr a 1k33( '" ` :'vtt1F s x xa Y,. Contprehonsive:Development Plan page m51 .......... EXHIBIT B-2 Conceptual Development Pian -14 ixy � t ri s x 1 -&TE FLA.�4 • e Development • EXHIBIT B-2 a Landscape Concept Pens-- Corner Plaza •z e ,.ww A ° ji- 4 t x 'a v�,,, .r`t„ �'�'cf kuti bu fyin 3 '� ✓ �_ a i�s� fai r } s- ✓s --z s� ' ks A ki'�� t ,2 •. [ =t�5 ?IX�� H,2 4 ompCrehensiveDevelopment a EXH1B[T B-2 b Landscape Concept Plans --- East Perimeter �A ;) s r%, O '4 u F J v. Comprehensive Developmenta54 EXHIBIT B-2 c Landscape Concept Puns — InteHor Courtyard xAL � f r F x i. Zomprehensive Developments - EXHIBIT B-2 d Landscape Concept Pans - MotorCourt a ; - 3 _ ComprehensiveDevelop r EXHIBIT B-2 a Landscape Concept Plans— Hotel Pool Area h' r Comprehensive • • • •