Resolution Number 14-10-21-05 RESOLUTION NO. 14-10-21-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING TENTATIVE TRACT MAP
(TTM17749), ARCHITECTURAL CONTROL (AC13-004), AND
GRADING PLAN MODIFICATION (GPM13-006) FOR THE
SPIEKER CONTINUING CARE RETIREMENT COMMUNITY ON
35 ACRES LOCATED AT 32382 DEL OBISPO STREET (SPIEKER
SENIOR DEVELOPMENT PARTNERS)
WHEREAS, the Spieker Continuing Care Retirement Community Project
(the "Project") and aquatic center has been proposed for development in San
Juan Capistrano by:
Applicant: Spieker Senior Development Partners
Property Owner: Vermeulen Ranch Center
Project Location: 32382 Del Obispo Street
Property APNs: 121-182-17 and 121-182-53
Project Site Area: 35 acres
Proposed Use: 407 independent living units with amenities for
persons not requiring daily assistance and a
101-unit health care center for residents
needing daily assistance including memory
support or direct medical assistance
Public Benefit: Aquatic center at an off-site location with
separate processing and environmental
analysis; and
WHEREAS, the proposed Project has been processed pursuant to
Sections 9-2.301 (General Review Procedures) and 9-2-302 (Notification
Procedures) of Title 9 (Land Use) of the San Juan Capistrano Municipal Code;
and
WHEREAS, an Environmental Impact Report has been prepared to
assess the environmental impacts of the proposed Project in compliance with the
California Environmental Quality Act (CEQA) and the City's Local CEQA
Guidelines and Thresholds of Significance (State Clearinghouse No.
2013121089) (the "EIR"); and
WHEREAS, the proposed Project includes application for a Rezone to
amend the official zoning map to change the Property's zoning designation from
Agri-Business (A-B) to Specific Plan/Precise Plan (SP/PP) (RZ13-005); and
WHEREAS, the proposed Project also includes:
1. An application for a Tentative Tract Map to create and subdivide
the 35-acre Project site (TTM17749); and
2. An application for an Architectural Control to establish the site plan
and architectural design of the proposed Continuing Care
Retirement Community (AC13-004); and
3. An application for a Grading Plan Modification to modify the existing
finished grade of the Project site by more than two feet (GPM13-
006); and
WHEREAS, the proposed conditions of approval for the Tentative Tract
Map (TTM17749), the Architectural Control (AC13-004), and the Grading Plan
Modification (GPM13-006) are attached hereto as Exhibit A and incorporated
herein.
WHEREAS, on September 30, 2014, the Planning Commission conducted
a duly-noticed public hearing to consider the environmental determination of the
EIR pursuant to CEQA, to hear the public testimony on the proposed Project, and
to appraise all relevant information pertaining to the proposed Project, and after
considering all relevant public comments and careful study, the Planning
Commission adopted motions recommending to the City Council denial of the
proposed Project; and
WHEREAS, on October 21, 2014, the City Council conducted a duly-
noticed public hearing pursuant to Title 9, Land Use Code, Section 9-2.302(f) and
City Council Policy 5 to consider the environmental determination of the EIR
pursuant to CEQA, to hear the public testimony on the proposed Project, and to
appraise all relevant information pertaining to the proposed Project; and
WHEREAS, on October 21, 2014, the City Council adopted a resolution
approving the EIR for the proposed Project and introduced an ordinance for a
Rezone to change the Property's zoning designation from Agri-Business (A-B) to
Specific Plan/Precise Plan (SP/PP).
NOW THEREFORE BE IT RESOLVED, as follows:
Section 1. The above recitations are true and correct and adopted as the
findings of the Planning Commission.
Section 2. The City Council hereby makes the following findings with
respect to the Tentative Tract Map (TTM17749) for the proposed Project:
1. Contingent on the City Council approving an ordinance for a
Rezone to change the Property's zoning designation from Agri-Business
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(A-B) to Specific Plan/Precise Plan (SP/PP), the proposed map is
! consistent with the General Plan and any applicable specific plan or
comprehensive development plan. Tentative Tract Map 17749 is a
component of the Project proposal, which includes a General Plan
amendment (GPA13-002) and a specific plan (SP14-001). The three were
designed for consistency with a subdivision plan that creates a separate
parcel (Parcel 1) for the existing retail center (8 acres) that makes it "not a
part" of the Project proposal. Parcels 2 through 9 comprise the proposed
Project site, consistent with SP14-001 and the General Plan, as amended
by GPA13-002.
2. The design or improvement of the proposed subdivision is
consistent with the General Plan and any applicable specific plan or
comprehensive development plan. Tentative Tract Map 17749 subdivides
the Project site into parcels that correspond to the proposed Project's site
design, internal circulation, access, and phasing plan, consistent with
SP 14-001 and the General Plan, as amended by GPA13-002.
3. The site is physically suitable for the type of development. As
documented in the Environmental Impact Report prepared for the Project
proposal, the site is appropriately sized, has adequate access, is not
located in environmentally-sensitive area, and has sufficient water
supplies and other utilities available for Project needs.
4. The site is physically suitable for the proposed density of
development. The equivalent density of the independent living component
is 14.5 dwelling units per acre, which is consistent with the General Plan
and zoning designations for multiple family housing of 8.1 to 18 dwelling
units per acre, and less than the 18.1 to 25 dwelling units per acre for
affordable family and senior housing. The Environmental Impact Report
prepared for the Project proposal did not identify any potentially significant
impacts related to density or the physical suitability of the Project site.
5. The design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. The proposed Project site
has been previously developed; there are no fish, wildlife, or their habitat
on the Project site. The Environmental Impact Report prepared for the
Project proposal did not identify any potentially significant impacts related
to biological resources.
6. The design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of, property within the proposed subdivision. There are no
public access easements on the Project site.
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Section 3. The City Council hereby makes the following findings with
respect to the Architectural Control (AC 13-004) for the proposed Project:
1. Contingent on the City Council approving an ordinance for a
Rezone to change the Property's zoning designation from Agri-Business
(A-B) to Specific Plan/Precise Plan (SP/PP), the proposed use and design
of the Project comply with all applicable provisions of Title 9 of the San
Juan Capistrano Municipal Code and any applicable specific plan or
comprehensive development plan. The Environmental Impact Report
prepared for the proposed Project analyzed the consistency of the
proposed use and design with the Specific Plan and the City land use
code and determined that the Project is consistent with Specific Plan 14-
001 and any applicable provisions of Title 9 of the San Juan Capistrano
Municipal Code
2. The proposed use and design of the Project is consistent with the
goals, policies, and objectives of the General Plan, including the
Community Design Element. The Environmental Impact Report prepared
for the proposed Project analyzed the consistency of the proposed use
and design with the General Plan and determined that the Project is
consistent with the General Plan.
3. The site is adequate in size and shape to accommodate all yards,
open spaces, setbacks, parking, access, and other features pertaining to
the application, except as otherwise approved. The proposed site plan
meets or exceeds all development and design standards specified in
Specific Plan 14-001 and/or Title 9 of the San Juan Capistrano Municipal
Code, as applicable.
4. The character, scale, and quality of the architecture, site design,
and landscaping are consistent with the adopted Architectural Design
Guidelines of the City. To ensure consistency with the adopted Guidelines
and a superior product, the applicant complied with the recommendations
of an appointed Ad Hoc Planning Commission Design Review Committee.
5. The site plan provides functional and safe vehicular, bicycle, and
pedestrian access and circulation. Specific Plan 14-001 contains both an
internal vehicular circulation plan and a pedestrian circulation plan. The
Traffic Impact Analysis of the Environmental Impact Report prepared for
the proposed Project analyzed traffic and circulation impacts and
determined that with required mitigation, there are no potentially significant
impacts related to vehicular safety, access, and circulation.
6. The proposed use and design of the Project are compatible with
surrounding existing uses and proposed land uses and community
character, including scale, intensity, massing, architectural design,
landscape design, and other development characteristics. The proposed
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Project is designed to limit its impacts on the surrounding community and
to provide a high quality product that meets and exceeds the design
expectations of the neighborhood. The Project site has a grade
differential; therefore, the tallest building (38 feet) is proposed for the
lowest grade to mitigate its impact on the community as demonstrated by
the View Simulations contained in the Environmental Impact Report
prepared for the proposed Project. Proposed perimeter walls and
landscaping are intended to enable the facility to attractively blend into the
neighborhood with minimal impact.
Section 4.The City Council hereby makes the following findings with
respect to the Grading Plan Modification (GPM13-006) for the proposed Project:
1. Contingent on the City Council approving an ordinance for a
Rezone to change the Property's zoning designation from Agri-Business
(A-B) to Specific Plan/Precise Plan (SP/PP), the proposed grading plan
modifications are consistent with the General Plan, Land Use Code,
Design Guidelines, and the proposed Spieker Continuing Care Retirement
Community Specific Plan (SP14-001) because they do not affect any
ridgelines, use natural landform grading, minimize the use and height of
retaining walls, and effectively use landscaping for erosion control and
aesthetics.
2. The proposed grading plan modifications are generally consistent
with the site plan, landscape plan, and design concepts of the proposed
Architectural Control (AC13-004) because they are a component of those
plans and integrated therein.
3. The proposed grading plan modifications will remain consistent and
compatible with the immediately adjacent lots because the site plan was
designed to limit the impacts of the proposed Project by featuring the
natural contours of the property and building the tallest buildings at the
lowest grades.
4. The proposed modified grading plan shows the location of the
proposed building footprints and meets all required setbacks for the
building as defined in the Spieker Continuing Care Retirement Community
Specific Plan, and minimum setbacks as defined in Section 9-4.513 of the
municipal code.
5. The proposed modified grading will not cause adverse impacts to
other properties, including but limited to potential impacts on hydrology,
water quality, views, trail easements, or other aspects of development
because it is subject to the Mitigation Monitoring and Reporting Program
of the Environmental Impact Report and the Project's conditions of
approval.
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Section 5. Contingent on the City Council approving an ordinance for a
Rezone to change the Property's zoning designation from Agri-Business (A-B) to
Specific Plan/Precise Plan (SP/PP), the City Council, based on all of the
information, testimony, and evidence presented at its meeting on October 21,
2014, and the findings and determinations set forth in Sections 2, 3 and 4,
hereby approves the Tentative Tract Map (TTM17749), the Architectural Control
(AC13-004), and the Grading Plan Modification (GPM13-006) for the proposed
Project subject to the conditions of approval as provided in Exhibit A, attached
hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 21"day of October 2014.
SAM ALLEVATO, MAYOR
A rE T: I
MA IA IS, Cl n
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano,do hereby certify that
the foregoing Resolution No. 14-10-21-05 was duly adopted by the City Council of the City of
San Juan Capistrano at an Adjourned Regular meeting thereof, held the 21"day of October 2014,
by the f owing v te:
AYES: CIL MEMBERS: Taylor, Kramer and Mayor Allevato
NOES: CIL MEMBER: Byrnes and Reeve
ABSENT: CIL MEMBER: None
MARIA MOWS, Vy Clerk
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EXHIBIT A
CC RESOLUTION NO.14.10-21-05
CONDITIONS OF APPROVAL
PROJECT LOG M TTM 17749, GPM13-006
PROJECT NAME: Laguna Glen Continuing Care Retirement Community(Spieker Senior
Development Partners)
APPROVAL DATE: October 21, 2014
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:
A. Project Plans. The subject project proposes the construction of a self-contained
Continuing Care Retirement Community on 35 acres located at 32382 Del Obispo
Street, APNs 121-182-53 and 121-182-17. This project approval is based on and
subject to the application materials prepared by Charles Hartman & Associates
(Engineers)and KTGY Group(Architects)including site plan(s), building elevation(s),
Floor plan(s), preliminary landscape plan(s), preliminary grading plan(s),tree removal
plants), and any other plans.These plans and the proposed use of the project site are
hereby incorporated by reference into this approval as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved pursuant to
Article 9-2.3, Development Review Procedures of Title 9, Land Use Code.
L B. Compliance With Outside Requirements.Approval of this application does not relieve
the applicant/subdivider from complying with other applicable Federal, State, County
or City regulations or requirements. To the extent not precluded by Government Code
Section 65961, the applicant/subdivider shall comply with all requirements of the
Municipal Code, all requirements of City ordinances, resolutions, and all applicable
standards and policies that are in effect at the time that building permits are issued for
the development.
C. Signed Plans. All plans, specifications, studies, reports, calculations, maps, notes,
legal documents,and designs shall be prepared,stamped and signed, if required,only
by those individuals legally authorized to do so.
D. Legal Defense. The applicant/subdivider, its agents, and assignees shall defend,
indemnify and hold harmless the City of San Juan Capistrano, its elected and
appointed officials and employees,and its contract consultants,from any claim,action
or proceeding to attack, set aside, void, or annul any land use approval associated
with this project, including but not limited to environmental impact report requirements
under CEQA,rezoning approvals, subdivision map approvals, or other applicable City
Municipal Code Title 9 land use approvals. Upon notice provided by City to the
applicanVsubdivider, its agents,or assignees, of service of process of such claims or
actions, the project proponent, its agents, and assignees, shall immediately act to
provide an appropriate defense to such claims or actions. The applicant/subdivider
shall consult with the CityAttorney regarding appropriate defense counsel in the event
of the filing of such claims or actions. (DSD)
-� E. Discrepancy Clause. In the event that exhibits and written conditions are inconsistent,
the written conditions shall prevail. If there are any disparities between these
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Tentative Tract Map(TTM) 17749 Conditions of Approval
Spieker Senior Development Partners (Lacuna Glen CCRC) Page 2 of 21
conditions and the plans or final revised plans that are approved for any subsequent ^
y phase, the conditions and/or plans as stipulated in the later approval shall prevail.
F. Fees. The applicant/subdivider 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.
G. Mitigation Monitoring Program. If applicable, this project shall comply with the
Mitigation Monitoring Program adopted in conjunction with the approval of the
California Environmental Quality Act(CEQA)determination prepared for the project.
(DSD)
H. DSDP Zoning Conditions. This project shall comply with the Zoning Conditions
specified in the Spieker Continuing Care Retirement Community Specific Plan. (DSD
& PW&UD)
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO OR IN CONJUNCTION
WITH THE ISSUANCE OF ANY GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT
PERMIT(S),:
1.1 Pay Fees. Prior to issuance of grading and/or right-of-way permit, the
applicant/subdivider shall fulfill all applicable fee requirements in accordance with the
City Municipal Code as last revised and the City Municipal Fee Schedules, as last
adopted. (DSD and PW&UD)
1.2 Permits Required. Prior to the commencement of any grading or construction activity —,
not provided for in previously-approved permits, a permit shall be required. All
improvement work,whether performed on-site or off-site,shall require approved plans
and a permit to ensure the integrity and safety of all existing and proposed
improvements affected by construction activities. (PW&UD.)
` 1.3 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and/or
right-of-way improvement permits, the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of, a program complying with the
requirements of the California Integrated Waste Management Act of 1989 to reduce
construction and demolition debris through recycling. (PW&UD.)
1.4 NPDES Industrial Permit for Grading.Prior to issuance of grading and/or right-of-way
improvement permits,the applicant/subdivider 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. Evidence that
this requirement has been met shall be submitted to the City Engineer. (PW&UD.)
1.5 Grading Plans. Prior to issuance of grading and/or right-of-way improvement permits,
the applicant1subdivider shall submit the required number of copies of updated
Grading Plans prepared by a California State Registered Civil Engineer to the
Development Services Director for City review and approval by the City Engineer for
the entire project site. Such plan shall be in substantial conformance with the grading
concept shown on the approved conceptual grading plan and site plan for TTM 17749.
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Tentative Tract Map(TTM) 17749 Conditions of Approval
Spieker Senior Development Partners(Laguna Glen CCRQ Page 3 of 21
Following City approval of the rough grading plan, and prior to approval of the final
L map, the applicant/subdivider shall submit a precise grading plan(s) prepared by a
California State Registered Civil Engineer to the Development Services Director for
City review and approval by the City Engineer and Building Official. The precise
grading plan(s) shall be consistent with the approved rough grading plan and the
approved conceptual grading and site plan for TTM 17749.
The grading plans shall conform to the City and Orange County grading plan
standards and depict, at minimum, all existing features, the limits of grading, the
drainage, retention/detention basins,existing easements and right-of-way boundaries,
trails, parkways, streets and all appurtenant improvements in coordination with the
Site Plan improvements as defined under Condition 1.8.The extent of the topography
shall be extended sufficiently beyond the tract's boundaries to determine the
geological and drainage impacts to adjacent properties. The elevations shall
correspond with the Orange County benchmark datum. All drainage design must
depict proper conveyance to the on-site street or a City approved drainage facility with
appropriate pre-treatment facilities or Best Management Practices (BMP) in place
pursuant to the National Pollutant Discharge Elimination System (NPDES) permit
requirements. The following information shall be depicted on the plans:
a. Location of all existing trees and indicate trees to be removed and trees to
remain in place (DSD)
b. Show and identify all pedestrian access ways and traffic crossings on the site
plan. Crossings shall be clearly marked, lighted and identified throughout the
interior of the project. Design of these areas shall be reviewed and approved
by the applicable City departments and shall comply with Title 24 Handicapped
Accessibility Standards and City Building Codes. Where pedestrian aisles
cross driveways, enhanced paving shall be used. (DSD)
C. Areas to be protected from grading in order to protect environmental resources
(biological, cultural, or historical), and method of protection proposed during
grading operations. (DSD)
d. Location, height, materials and colors of any retaining walls. (DSD)
Erosion&Sediment Control Plan Section. Erosion and Sediment Control Plan sheets
shall be included within the Grading Plan set for the regulation and control of pollutant
run-off by using Best Management Practices(BMPs)as prepared by a California State
Registered Civil Engineer for the review and approval by the City Engineer. The plan
shall show all temporary and permanent erosion control devices,effective planting of
graded slopes, practical accessibility for maintenance purposes and proper
precautions and fences to prevent public trespass onto certain areas where
impounded water may create a hazardous condition. In order to control pollutant run-
off,the applicant/subdivider shall demonstrate to the satisfaction of the City Engineer
that all water quality best management practices shall be designed in accordance with
the National Pollutant Discharge Elimination System (NPDES) standards, and the
requirements of California Regional Water Quality Control Board (San Diego Region)
Order No. R9-2009-0002 and City guidelines and regulations, and shall show
evidence satisfactory to the City Engineer that a permit has been obtained. (PW&UD)
t
u
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Tentative Tract Map (TTM) 17749 Conditions of Approval
Spieker Senior Development Partners(Laguna Glen CCRC) Page 4 of 21
All grading plans shall be subject to review by a third-party geotechnical consultant ^
retained by the City to ensure geotechnical stability to the satisfaction of the City
Engineer. (DSD, PW&UD)
1.6 Grading Access and Haul Route Plan. Prior to issuance of grading and/or right-of-way
improvement permits, the applicant/subdivider shall submit the required number of
copies of the Grading Access and Haul Route Plan concurrently with Grading Plans to
the City Engineer for review, and shall obtain approval of: (PW&UD.)
a. An on-site plan showing location of the access point,for the earth moving and
grading equipment and for workers vehicles entering and exiting the site. All
construction related deliveries and activities shall access the site from an
approved access point as approved by the City Engineer.
b. An off-site haul route plan for soil importation/exportation circulation and for
heavy construction related deliveries. The haul route plan shall specify the
dates and times and headways for hauling activities in compliance with all
applicable City standards.The City Engineer may require a security deposit in
conjunction with approval of the haul route plan.
Prior to commencement of all hauling activities, the applicant shall obtain a Haul
Route Permit and pay required fees.
1.7 Soils/Geology. Prior to issuance of grading and/or right-of-way improvement permits,
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 Engineerto 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.The Soils Report/Geotechnical
Feasibility Study shall be consistent with the Soils Report/Geotechnical Study as
submitted as part of the environmental document review for the project. (PW&UD)
1.8 Site Plans. Prior to issuance of grading and/or right-of-way improvement permits, the
applicant/subdivider shall submit the required number of copies of an updated set of
Site Plans concurrently with the Grading Plans as prepared by a California State
Registered Civil Engineer to the City Engineer for review and approval. The updated
Site Plan set shall be specific to the project, and be consistent with the conceptual site
plan set (Utility and Drainage) as submitted as part of the TTM 17749 submittal with
the following plan sections:
a. On-Site and Off-site Wet Utility Plans. The On-site and Off-site Wet Utility
Plans shall show all sewer and water service lines and their corresponding
points of connection with the City public main lines, and all Off-site and On-
Site storm drain piping and treatment systems. The plan shall include, but is
not limited to, all pertinent design information such as proposed invert
elevations, diameters of pipe, type of pipe, length of pipe, slope of pipe (if
applicable), horizontal dimensions from cl of street and between utilities, and
existing and proposed easement delineations. The plan shall also include
several specific cross sections which depict the existing grade, finish grade,
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Spieker Senior Development Partners (Laguna Glen CCRC) Page 5 or 21
and utility locations.Any deviation from these requirements shall be subject to
prior City Engineer review and approval. (PW&UD)
b. On-Site and Off-site Dry Utility Plans. The On-site and Off-site Dry Utility Plans
shall show all schematic existing and proposed electrical,gas,telephone and
cable television main and service locations to ensure compatibility with existing
and proposed improvements. All utility lines with junction structures shall be
underground, unless otherwise noted.The plan shall include,but is not limited
to, all pertinent design information such as proposed conduit elevations,
diameters of conduit,type of conduit, length of conduit, horizontal dimensions
from cl of street and between utilities, and existing and proposed easement
delineations. The plan shall also include several specific cross sections which
depict the existing grade,finish grade,and utility locations.Any deviation from
these requirements shall be subject to prior City Engineer review and approval.
(PW&UD)
Hydrology Study Update
The applicant/subdivider shall also provide any updates to the conceptual
hydrology study as part of the Site Plan submittal.
Based on the updated Hydrology Study results, if an existing downstream
drainage facility,whether it is a storm drain pipe, an open drainage channel,or
an inlet basin, is inadequate or does not meet current City standards or, in the
opinion of the City Engineer, is unsafe to properly carry the existing discharge
and the proposed discharge generated by this project,the applicant/subdivider
shall then, at applicanUsubdivider cost, design and implement alternative
methods of improvement for properly conveying such discharge,free of debris,
in a manner acceptable to the City Engineer. Any deviation from these
requirements shall be subject to City Engineer review and approval. Every
proposed drainage system shall be placed within its proper easement and
appropriately dedicated.
1.9 Construction Cost Estimate. Prior to issuance of a grading and/or right-of-way
encroachment permit, the applicant/subdivider 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, but not limited to,
costs for construction of all applicable grading, erosion control, drainage, walls, and
other improvements related to rough and precise grading plans and related Site Plan
Improvements that are proposed to be constructed under a grading permit.
Construction cost estimates of facilities that will be dedicated to the City for operation
and maintenance shall comply with the California Labor Code Section 1720 with
respect to the prevailing wages requirements. Any exception to or deviation from this
condition shall be subject to review and approval by the City Engineer. (PW&UD)
1.10 Post Securities/Surety Agreement. Prior to issuance of a grading and/or right-of-way
permit, the applicant/subdivider shall enter into a Grading Surety Agreement as
approved by the City Engineer and City Attorney and provide Performance
Bonds/Securities for 100% of each grading, site improvements, and/or right-of-way
encroachment construction estimated costs as prepared by a Registered Civil
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Spieker Senior Development Partners(Laguna Glen CCRC) Page 6 of 21
Engineer for approval by the City Engineer and as to form by the City Attorney. In
addition,where applicable within the City's right-of-way,the applicant/subdivider shall
provide a Labor and Materials Bonds/Securities for 100% of the above estimated
y construction costs as determined by the City Engineer. (PW&UD)
7� 1.11 Mitigation of Drainage and Grading Problems.The applicant/subdivider shall adhere to
the following conditions during the entire grading and construction operation: (DSD&
PW&UD.)
a. If any drainage problem is anticipated or occurs during construction, the
applicant/subdivider shall provide and implement a solution acceptable to the City
Engineer, at no cost to the City, and shall submit a recorded instrument to insure
the durability of the solution
b. Any grading work beyond the limits of grading shown on the approved grading
plans shall require a written approval from the City Engineer and Development
Services Director and shall be subject to a supplemental Geotechnical Soils
Report and additional fees.
AA 1.12 Construction Phasing and Mitigation Program. Prior to issuance of grading and/or
right-of-way improvement permits,the applicant/subdivider shall pay a cash depositfor
restoration and cleanup efforts in the amount of 25%of the grading construction cost
estimate and shall prepare and adhere to a Construction Phasing and Mitigation
Program, approved by the Development Services Director and Building Official
containing, but not limited to, the following controls: (PW&UD & DSD)
a. Grading:
1. Haul route for the movement of on and off-site of heavy earth-moving
equipment.
2. Location of assembly and storage/service areas for heavy earth-moving
equipment and limits of hours of operation.
3. Control of worker access to site, including hours of work, limits on noise
sources, and dust and soil import/export.
4. Compliancewith environmental mitigation measures, including stockpiles
and dust impacts.
5. A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
b. Enforcement:
1. The Development Services Director and Public Works and Utilities Director
may modify the Construction Phasing and Mitigation Program as they
deem necessary if on-site observations indicate that construction activities
are creating a nuisance to adjacent property.
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Spieker Senior Development Partners(Laguna Glen CCRC) Page 7 of 21
2. The applicant/subdivider shall hire a project enforcement person approved
by the City Engineer and to ensure compliance with the Construction
Phasing and Mitigation Program.
3. Violation of the City-approved "Construction Phasing and Mitigation
Program" shall be subject to enforcement action pursuant to Section 9-
1.201, Violations and Penalties of the Title 9, Land Use Code.
1.13 Water Quality Management Program.
a. Prior to issuance of a rough grading permit,the applicant/subdivider shall submit
concurrently with the rough grading plans, erosion control plans, and site plans an
updated Water Quality Management Program (WQMP), as prepared by a
California State Registered Civil Engineer, to the City Engineer for review and
approval.All erosion and sediment control measures as specified in said approved
WQMP shall be implemented during the rough grading operation to the
satisfaction of the City Engineer.The updated WQMP shall be consistent with the
conceptual WQMP as part of the TTM 17749. (PW&UD)
b. Prior to issuance of precise grading permit, the applicant/subdivider shall submit
an updated final WQMP as prepared by a California State Registered Civil
Engineer to the City Engineer for review approval. (PW&UD)
' 1.14 Wastewater Feasibility Study. Prior to issuance of grading and/or right-of-way permits,
the applicant/subdivider shall submit to the Utilities 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 forthe
Construction of Sanitary Sewers. (PW&UD)
1.15 Water Demands Study. Prior to issuance of grading and/or right-of-way permits,the
applicant shall submit to the Utilities Engineer, for review and obtain approval for,
domestic water demands study, prepared by a Registered Civil Engineer, which
evaluates the proposed development project and mitigates its anticipated impact on
the City existing water facilities system. (PW&UD)
1.16 Fire Flow Demand. Prior to the issuance of grading and/or right-of-way permits, the
applicant shall provide evidence of adequate fire flow. The "Orange County Fire
Authority Water Availability for Fire Protection'form shall be signed bythe City Utilities
Division and submitted to the Fire Chief for approval. (OCFA, PW&UD)
1.17 Public facilities located in easements. Prior to issuance of grading and/or right-of-way
permits, all public facilities such as drainage,sewer,and water shall be designed to be
located within the public right-of-way or within dedicated easements, as approved by
the Utilities Engineer and the City Engineer. (PW&UD)
` 1.18 Public right-of-way dedication. Prior to issuance of grading and/or right-of-way permits,
the applicant shall submit to the City Engineer the necessary documentation to
.� dedicate right-of-way at the following locations (PW&UD):
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a. Alipaz Street a portion of the Northeast corner of the property approximately
913 sf as depicted on the TTM 17749.
Said dedication(s) shall be at no cost to the City, based on the determination by the
City Engineer that the required right-of-way is necessary to mitigate the traffic and
circulation impacts of the project.
1.19 Reciprocal Agreements. Prior to issuance of a grading and/or right-of-way permits,the
applicant/subdivider shall prepare and submit to the City Engineer for review and shall
obtain approval for the proper easement and agreement documents associated with
Lots 2 to 9 on TTM 17749 for maintenance, reciprocal parking and access purposes
(PW&UD)
1.20 Existing Easements. Prior to issuance of grading and/or right-of-way permits, applicant
shall incorporate into the proiect 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
yy accordingly as approved by the City. (PW&UD)
1.21 Permission to Grade from Others. Prior to issuance of grading and/or right-of-way
permits, 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&UD)
1.22 Drainage Acceptance Letter. Prior to issuance of grading and/or right-of-way permits,
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&UD)
' 1.23 Off-site Easements. Prior to issuance of grading and/or right-of-way permits,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,
water, etc.). The applicant shall bear all costs for obtaining said easements. If said
easements cannot be obtained, the project shall be redesigned to incorporate these
improvements entirely within the project boundary as approved by the City. The City
Engineer shall have the right to withhold approval of the affected improvement plans
for failure to satisfy this condition. (PW&UD)
1.24 Resource Agency Approval. Prior to issuance of grading and/or right-of-way permits,
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. (DSD)
1.25 Archaeological Monitoring. Prior to issuance of grading and/or right-of-way permits,
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 to monitorsite clearing,grading,
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and excavation activities,stating the name, qualifications,and contact information for
�.., the archaeologist. (DSD)
1.26 Paleontological Monitor. Prior to issuance of grading and/or right-of-way permits, 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. (DSD)
1.27 County Surveyor Requirement. Prior to issuance of grading and/or right-of-way
permits,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&UD)
yam,_ OCFA PROTECTION CONDITIONS:
1.28 Fire Hydrant Location. Prior to issuance of a precise grading permit, the
applicant/subdivider shall submit a fire hydrant location plan to the OCFA Chief for
review and approval. (OCFA)
1.29 Fire Flow Demands. Prior to the issuance of grading and/or right-of-way 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 the OCFA and the City Utilities
Division. (OCFA, PW&UD)
1.30 Fire Access Roads. Prior to issuance of a precise grading permit, the
applicant/subdivider shall submit and obtain approval of the OCFA Chief and City Staff
of plans for fire protection access roads to within 150 feet of all portions of the exterior
of every structure on the site, unless exempted from this requirement by the OCFA
Chief in consideration of the provision of alternate measures, such as the installation
of fire sprinklers. 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 shall be provided and approved by the OCFA Chief. (OCFA)
1.31 Fire Lanes. Prior to issuance of a precise grading permit,the applicant/subdivider shall
submit and obtain approval of the OCFA Chief and City Staff of plans for fire lanes on
required fire access roads less than thirty-six feet (36'-0") in width. 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 its contrasting
background. (OCFA)
1.32 Orange County Fire Authority (OCFA)Approval. Prior to issuance of grading and/or
right-of-way permits the applicant shall submitthe following plan for OCFA review and
approval: Fire Master Plan (service code PR145) —The fire master plan, along with
the alternate methods and materials request(service code PR910)must be approved
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prior to submittal of other plan types to OCFA.A copy of OCFA approved Fire Master
Plan shall be submitted to the City Utilities Division. (OCFA, PW&UD).
1.33 Fire Road Access Gates. Prior to issuance of a precise grading permit, the
applicant/subdivider shall obtain approval from the OCFA Chief for the construction of
any gate across required fire access roads. (OCFA)
2. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF ANY
FINAL MAP&IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENT AGREEMENT:
2.1 Payment of Fees. Prior to approval of the final map the applicant/subdivider shall fulfill
all applicable fee requirements in accordance with the City Municipal Code, as last
revised and the City Municipal Fee Schedules, as last revised. (DSD & PW&UD)
2.2 Tentative Mao Compliance and Closure Calculations. Prior to approval of the final
map, the applicant/subdivider shall submit to the City Engineer for review, and shall
obtain approval of, a final map in substantial compliance with the approved tentative
map. Said map shall be accompanied with traverse closure calculations, a plotted
American Land Title Association (ALTA) survey and an updated Title Search Report.
Any exception or deviation to the above requirements shall be subject to review and
approval by the City Engineer. (PW&UD)
2.3 Public Facility Easements to be in Lettered Lots Maintained by the Property Owner.
Prior to approval of the final map, the applicant/subdivider shall demonstrate to the
satisfaction of the City Engineer and Utilities Engineer that public facilities, such as
drainage, sewer, and water, are designed to be located within the right-of-way. Any
deviation shall require prior authorization from the City Engineer. If facilities are
proposed in easements, said easements shall be placed in lettered lots and their
surfaces shall be maintained by the Property Owner.Any exception shall be subject to
review and approval by the City Engineer and Utilities Engineer. (PW&UD)
2.4 Public Dedicated Easements. Prior to approval of the final map, the
applicanUsubdivider shall depict on the final map the following easements:
a. Public Utility, Sewer, and Water as identified on the approved TTM 17749 within the
interior of the development.
b. Emergency Access, public service vehicle access and lots 2 through 9 reciprocal
ingress/egress easements as identified on the approved TTM 17749within the interior
of the development.
c. A 5 foot additional easement at the southerly property boundary of the property forthe
purposes of widening the existing public utility, water and sewer easement.
2.5 Street and Development Names. Prior to approval of the final map, the
applicant/subdivider shall submit to the City's Development Services Director for
review, and shall obtain approval of, the name of the development or developments
and the names of all proposed streets within the tentative tract's boundaries. The
Director shall confirm that said development names and street names do not duplicate
existing development and street names in the City.All approved street names shall be
indicated on the Final Map. (DSD)
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2.6 Compliance with Mao Act and Municipal Code. Prior to approval of the final map, the
tract/parcel map shall be prepared and submitted in full compliance with the State of
California Subdivision Map Act and the City of San Juan Capistrano Municipal Code,
except as authorized by the City Council and/or Planning Commission. (PW&UD)
2.7 Storm Runoff Management Plan. Prior to approval of the final map, the
applicant/subdivider shall submit to the City Engineer for review, and shall obtain
approval of, an update to the Storm Runoff Management Plan prepared by a
Registered Civil Engineer. The Management Plan shall show existing and proposed
facilities provide for acceptance of historic drainage from adjacent upstream
properties,show hydraulic and hydrology studies and calculations and the methods of
draining on-site and tributary areas without exceeding the capacity of any impacted
street or facility and without affecting existing downstream drainage system. Said
study shall be consistent with the City's Master Drainage Plan and in accordance with
all applicable City regulations and Orange County Public Facilities & Resources
Department (PF&RD) design criteria, and standards. (PW&UD)
2.8 Site Improvement Master Plan. Prior to approval of the final map, the
applicant/subdivider shall submit to the City Engineer a Master Site Plan for review
concurrently with the Street/Sewer and Water/Drainage/Dry Utilities Plans that depicts
finish grade contours, proposed buildings, all proposed civil works as included within
the Street/Sewer and Water/Dry Utility improvement plans and other such
improvements as required by the development. This plan shall provide a consistent
sheet index layout forthe various civil plans whereby identifying each layout pursuant
to street stationing.
The Site Improvement Master Plan shall also depict all 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&UD)
2.9 Drainage Improvement Plans. Prior to approval of the final map, the
applicant/subdivider shall submit the Drainage Improvement Plans specific to the
project, concurrently with the Street/Sewerand Water/Dry Utility Improvement Plans,
to the City Engineer for review and approval,which reflect consistency with the City's
Drainage Master Plan. These plans shall show locations of all existing and proposed
facilities for the entire site with specific detail information on the drainage
improvements such as, but not limited to, all storm drain systems, detention/retention
basins, drop inlets, catch basins, culverts, storm drain junction structures, treatment
facilities, and other surface and subsurface drainage civil works as required by the
Hydraulics/Hydrology Study and WQMP.
Detention/retention basins shall be designed to accommodate the 100-year storm flow
with engineered secondary overflow devices. A secondary overflow shall be also
provided for storm drain systems designed with sump conditions to preclude flooding
of private properties. All proposed street catch basins shall be lined with curb inlet
fillers or equal devices which meet the National Pollutant Discharge Elimination
System (NPDES) requirements with City Engineer approval. Storm drain junction
structures and catch basins shall be provided with access manholes as deemed
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necessary by the City Engineer.All drainage must be conveyed to the street or a City
approved drainage facility.
Based on the updated Hydraulic/Hydrology Study,if an existing downstream drainage
facility,whether it is a storm drain pipe, an open drainage channel, or an inlet basin, is
inadequate or does not meet current City standards or, in the opinion of the City
Engineer, is unsafe to properly carry the existing discharge and the proposed
discharge generated by this project, the applicant/subdivider shall then, at
applicant/subdivider cost,design and implement alternative methods of improvement
for properly conveying such discharge, free of debris, in a manner acceptable to the
City Engineer.Any deviation from these requirements shall be subjectto City Engineer
review and approval. Every proposed drainage system shall be placed within its
proper easement and appropriately dedicated.
The base of all slopes over ten feet in height located within 20 feet of a street section
or which are adjacent to residential lots shall be provided with toe drains or other
drainage devices approved by the City Engineer, in order to prevent water, mud or
debris from damaging or flowing onto such streets or lots. (PW&UD)
Erosion&Sediment Control Plan Section. Erosion and Sediment Control Plan sheets
shall be included within the Drainage Improvement Plan set for the regulation and
control of pollutant run-off by using Best Management Practices(BMPs)as prepared
by California State Registered Civil Engineer for the review and approval by the City
Engineer. The plan shall show all temporary and permanent erosion control devices,
effective planting of graded slopes, practical accessibility for maintenance purposes
and proper precautions and fences to prevent public trespass onto certain areas
where impounded water may create a hazardous condition. In order to control
pollutant run-off, the applicant/subdivider shall demonstrate to the satisfaction of the
City Engineer that all water quality best management practices shall be designed in
accordance with the National Pollutant Discharge Elimination System (NPDES)
standards, and the requirements of California Regional Water Quality Control Board
(San Diego Region)Order No. R9-2009-0002 and City guidelines and regulations,and
shall show evidence satisfactory to the City Engineer that a permit has been obtained.
(PW&UD)
2.10 Drainage Barrier Between Slopes and Streets. Prior to approval of the final map, the
grading and street improvement plans shall show that all street sections located within
20 feet or less from the toe of a slope of 10 feet or more in height are protected from
underground water seepage by provision of a positive drainage barrier system,at the
applicant/subdivider's cost, in accordance with City Standard Drawing No. 350. Any
exception shall be subject to review and approval by the City Engineer. (PW&UD)
2.11 Connection to Public Drains must be Documented and Filed. Prior to approval of the
final map, the applicant/subdivider shall demonstrate to the satisfaction of the City
Engineer that any proposed connections to existing public drainage system,from on-
site drains, must be approved by the City Engineer. (PW&UD)
2.12 Dry Utilities (Electric. Telephone. Cable TV, Gas) Plans. Prior to approval of the final
map, the applicant/subdivider shall submit concurrently with the Street/Sewer and
Water/Drainage Improvement Plans, all Electrical, Gas, Telephone and Cable
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Television installation plans to the City Engineer for review and approval, to ensure
compatibility with existing and proposed improvements. All utility lines with junction
structures shall be underground. Any deviation from these requirements shall be
subject to prior City Engineer review and approval. (PW&UD)
2.13 Sewer and Water Improvement Plans. Prior to approval of the final map, the
applicant/subdivider shall submit the Sewer and Water Improvement Plans prepared
by a California State Registered Civil Engineer concurrently with the Drainage,Street,
and Dry Utilities Plans, to the Utilities Engineer and City Engineer for review and
approval.These plans shall be specific to the project and shall reflect consistency with
the City's Water Master Plans and Sewer Master Plans,City standards,specifications,
and City Municipal codes.
The Water Improvement Plans shall also include a Water Improvement Phasing Plan,
prepared by a California State Registered Civil Engineer for the Utilities Engineer and
City Engineer review approval. These plans shall include, but shall not be limited to,
the following water requirements: (PW&UD)
Domestic Water Improvements:
On-site water system shall be designed and constructed by the developer/owner and
dedicated to the City to operate and maintain the public system within the
development.
Points of Connection
Design and construct a 12°water main connection atthe existing Citywater system on
Del Obispo Street at the project entrance and at Alipaz Street near the north-east
access driveway of the project. (PW&UD)
The applicamtsubdivider shall design and construct the following off-site domestic
water main connections and pipelines in accordance with City water standards and
American Water Works Association Standards, unless otherwise determined by the
Utilities Engineer:
Plan, Design, and construct an 3-inch Pressure Reducing Station (PRS) and
connection to the existing 12-inch water main near the Ortega Highway and Del
Obispo Street intersection on the north side in order to obtain the necessary fire flow
demands for the project. The applicant/subdivider may enter into a separate
Reimbursement Agreement with the City for up to 50% of the costs of the
improvements. The City shall provide reimbursement payments according to actual
proration contributions based on fireflow demand requirements from otherdevelopers
in the area who develop their property which require the PRS.
Sewer Improvements
On-site sewer system shall be privately operated and maintained by the
developer/owner.
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The applicant/subdivider shall design and construct a 12" Sewer Line from the Via
Positive project entrance with Sewer Manhole to the existing 18"sewer line with Sewer
Manhole at Alipaz Street.
2.14 Non-Domestic Water Improvement Plans. Prior to approval of the final map, the
applicant/subdivider shall submit the Non-Domestic Water Improvement Plans
(Landscape and Irrigation Plans) prepared by a California State Registered Civil
Engineer or Licensed Landscape Architect concurrently with the Drainage, Street,
Sewer and Water, and Dry Utilities Plans, to the Utilities Engineer and City Engineer
for review and approval. The Non-Domestic Water Improvement Plan irrigation
facilities shall be designed in accordance with the City of San Juan Capistrano's
Water Standards and Specifications, Rules and Regulations for Users of Non-
Domestic Water, and the Municipal Code§9-3.617(Water Conservation Landscape).
The design shall include improvements that are identified for use of non-domestic
water(recycled water) and shall be connected to non-domestic water facilities when
they become available. (PW&UD)
The applicant/subdivider shall design the off-site non-domestic water main
connections and pipelines in accordance with City standard specifications, unless
otherwise determined by the Utilities Engineer. The future meter location for the
connection shall be at the Southeast corner of Alipaz Street with the specific size as
determined by the necessary demand for the irrigation.
2.15 Street Improvement Plans. Prior to approval of the final map,the applicanUsubdivider
shall submit Street Improvement Plans prepared by a Registered Civil Engineer
concurrently with the Drainage, Sewer and Water, and Dry Utilities Plans, to the City
Engineer for review and approval. These plans shall show all existing and proposed
improvements including, but not limited to, easements, traffic calming devices,
striping, signage, signalization, curb and gutter, sidewalks and all related
appurtenances.All design of improvements shall comply with the City Standard Plans,
Orange County Standard Plans,or equivalent standards that are approved bythe City
Engineer. The street improvement plans shall include the following requirements:
(PW&UD)
a. Easements. All Easements shall be shown on all street plans.The relinquished right-
of-way area shall be delineated on the Street Improvement Plan sheets for Del Obispo
Street. Depict all proposed public utility, sewer, and water dedicated easements on
and all proposed emergency access and reciprocal ingresslegress easements on the
internal street plans.
b. Curb. Gutter. and Sidewalks. Curb, gutter, and sidewalk shall be provided along the
project frontage on Alipaz Street. The sidewalk along Alipaz Street shall be a
minimum width of five and one-half feet(5.5 feet), and shall meet all requirements for
disabled access. The sidewalk on Del Obispo Street shall be replaced with 4" PCC
over 6" Class 2 AB, and shall be a minimum 10 feet in width which will tie-into the
existing 5 foot wide 4" cobble landscape strip. Any deviation from City sidewalk
requirements shall be reviewed and approved by the City Engineer.
c. No Obstructions in Sidewalks. There shall be no obstruction in any sidewalk or
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parkway which reduces the width to less than four feet, in compliance with the
American with Disabilities Act (ADA) requirements.
d. Driveway Access. The project access driveway on Del Obispo Street must align with
the approved entryway location of the Oliva subdivision on the opposite side of Del
Obispo Street.
e. Street Lights. Street lights shall be provided on Del Obispo Street and Alipaz Street,
as needed, with Mission Bell fixtures on marbelite poles. Any exception or deviation
from the above requirements shall be subject to review and approval by the City
Engineer.
f. Decorative Pavement Noise. The design of the decorative pavement at all entrance
areas to the project shall be a "non-raised" paver type so as to prevent pavement
noise impacts and for control of vehicular tire noise. Pavement treatment shall be
subject to the review and approval of the City Engineer.
g. Traffic Improvements.
This plan section of the Street Improvement Plans shall show all the striping,signage,
signalization and all related appurtenances both on-site and off-site. Accompanying
Traffic Control Plans shall be required prior to commencement of any street
improvement work which shall utilize the latest addition of the Manual of Uniform
Traffic Control Devices.Any exception or deviation to the above requirements shall be
subject to review and approval by the City Engineer.
2.16 Construction Cost Estimate. Prior to approval of the final map,the applicant/subdivider
shall submit an estimate of quantity and construction costs prepared by a Registered
Civil Engineer on the City approved form concurrently with the Drainage, Sewer and
Water, Street, Dry Utilities, and Landscape and Irrigation Plans, to the City Engineer
for review and approval. Said estimates shall include, but not limited to, costs for
construction of all applicable improvements associate with the Drainage, Sewer and
Water, Street, Dry Utilities, Landscape and Irrigation Plans, as well as costs
associated with the setting of survey monuments "Monumentation" of the property
(collectively herein referred to as the "Subdivision Improvement Agreement Costs").
Construction cost estimates of facilities that will be dedicated to the City for operation
and maintenance shall comply with the California Labor Code Section 1720 with
respect to the prevailing wages requirements. Any exception to or deviation from this
condition shall be subject to review and approval by the City Engineer. (PW&UD)
2.17 Subdivision Improvement Agreement. Prior to approval of the final map, the
applicant/subdivider shall enter into a Subdivision Improvement Agreement with the
City which shall include Subdivision Improvement Agreement Costs associated with
the collective "Works of Improvements' as identified within Condition 2.16. The
Subdivision Improvement Agreement shall identify the applicants/subdivider's
obligations and responsibilities to compete the Works of Improvements within a 24
month performance period in accordance with City Municipal Code requirements.
(PW&UD)
2.18 Bonding and Securities. Prior to approval of the final map, the applicant/subdivider
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shall execute a Subdivision Improvement Agreement with the City and shall provide
performance bonds/securities in the form approved by the City Attorney for 100
percent of each estimated Subdivision Improvement Agreement Cost within the City
approved forms as identified within Condition 2.16. In addition, the applicant shall
provide labor and materials bonds/securities for 100 percent of the estimated
Subdivision Improvement Agreement costs, as determined by the City Engineer. The
collective performance and material and labor bonds shall be submitted concurrently
with the execution of the Subdivision Improvement Agreement to the City Engineer
and City Attorney for review and acceptance to seek approval from the City Council for
recordation pursuant to the City Municipal Code requirements.(PW&UD)
2.19 Dedications and Maintenance Responsibility. Prior to approval of the final map, the
applicant/subdivider shall indicate on the final map, to the satisfaction of the City
Engineer, all appropriate dedication and access rights,stating their purposes and their
.� maintenance responsibilities. (PW&UD)
Ay170- 2.20 Dedication of Water Rights and Facilities. Prior to approval of the final map, the
applicant/developer shall dedicate on the final map, at no cost to the City, all public
water facilities, water rights, and all required water easements with minimum widths
that conform to the TTM 17749 or as required by the City Engineer, to the City for all
project public improvements. (PW&UD)
2.21 Owner's Responsibility. Prior to approval of the final map, the applicant/owner shall
submit a set of Covenants for recordation by the County of Orange with the final map
in a form as approved by the City Engineer and City Attorney for the purposes of n
perpetual maintenance and management of the property pursuant to a Maintenance
Management Plan(MMP). Said MMP shall be submitted to the Development Services
Director and City Engineer for review and approval that shall include, but not be limited
to, the following (DSD & PW&UD):
a. Provisions for maintenance by the property owner of the water quality best
management practices identified in the approved Water Quality Management Plan
(WQMP), of all private drainage facilities, including retention/detention basins that
are made a part of the National Pollutant Discharge Elimination System (NPDES)
permit issued by the City, and for inspection of open channels and catch basins
annually. In addition, a provision shall be included which establishes a separate
fund for the sole purpose of maintaining such facilities.
b. A provision that gives the City the right to assume maintenance of any NPDES
facilities, if the City determines that the property owner has not maintained said
facilities in accordance with the permit requirements, and that, in such event,the
property owner shall be financially responsible to pay City for the costs the City
incurs in such maintenance role.
c. A provision that requires City approval of any amendment to the Maintenance
Management Plan that will, in any manner, affect the maintenance, function, or
integrity of NPDES facilities.
d. A statement indicating that by Octoberfirst of every year,annual fiscal year reports
will be furnished to the City in compliance with the reporting requirements of codes
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L and ordinances adopted by the City with respect to the NPDES program.
e. A provision thatthe property owner would be responsible for the cost of replacing
any enhanced paving or stamped-concrete removed by the City for the purpose of
maintaining, replacing, repairing, or otherwise conducting work on underground
utilities including but not limited to waterlines, sanitary sewer lines, and storm
drainage lines within the proposed private streets.
f. A provision that the property owner would be responsible forthe perimeter fencing
and walls that aligns the entire property with specific maintenance requirements.
g. A provision that the property owner would be responsible to maintain the sewer
system within the property with specific maintenance requirements.
h. A provision that the property owner would be responsible to maintain the
landscape and irrigation areas with specific maintenance requirements.
i. A provision that the property owner would be responsible to maintain the interior
private streets of the property with specific maintenance requirements that meet or
exceed the City's public street "Maintenance Standards" pursuant to the City's
adopted "Pavement Management Program."
j. A site map that depicts the various areas of maintenance responsibility (e.g.
fencing, walls, landscape, irrigation, street, sewer, etc...).
2.22 Submission of Digital Mao. Prior to recordation of the final map, the
applicant/subdivider shall submit for review,and shall obtain approval from the Orange
County surveyor, of a digitized map pursuant to Orange County Ordinance 3809 of
January 28, 1991. The applicant/subdivider shall pay for all cost of said digital
submittal, including supplying digital copies to the City, of the final County Surveyor
approved digital map in DXF format. In addition,the applicant/subdivider shall provide
the City with digitized copies of all improvement plans. (PW&UD)
OCFA PROTECTION CONDITIONS:
2.23 OCFA Flow Demands. Prior to approval of the final map,the applicant/subdivider shall
obtain from the Orange County OCFA Authority (OCFA) the required OCFA flow
demands and OCFA protection requirements to serve the development within that
final map and shall provide evidence of satisfactory OCFA flow. (Water)
At2.24 Secured Fire Protection Agreement. Prior to approval of the final map, the
applicant/subdivider shall submit evidence of a Secured Fire Protection Agreement
with the Orange County Fire Authority(OCFA)to mitigate adverse cumulative impacts
of the project on the OCFA. Such an agreement may include participation on a pro
rata basis in funding capital improvements necessary to establish adequate OCFA
protection facilities to serve the project. (OCFA)
' 2.25 Fire Protection Area Notation. Prior to approval of the final map, the
applicant/subdivider shall place a note on the map or site plan meeting the approval of
the OCFA Chief that all requirements for development and construction within a"Fire
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Protection Area", including increased street widths, Class A roof assemblies, fire
yam, sprinklers, etc. will be met. (OCFA) ^
2.26 Sprinkler Notation. Prior to approval of each final map, the applicant/subdivider shall
include a note on the map stating that all residential structures exceeding 5,500
square feet and all structures exceeding OCFA access requirements shall be
protected by an automatic fire sprinkler system in a manner meeting the approval of
the OCFA Chief. (OCFA)
2.27 Traffic Signal Pre-emotion Equipment. Prior to approval of the applicable final maps,
as determined by the OCFA Chief in consultation with City staff, the subdivider shall
enter into an agreement with the County for the installation of traffic signal preemption
equipment for the surrounding controlled intersections. This agreement shall be
accompanied by financial security. (OCFA)
3. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY
BUILDING PERMIT(S):
3.1 Payment of Fees. Except as otherwise set out in accordance with a schedule in the
Subdivision Improvement Agreement to be executed in conjunction with City approval
of the final map, the applicant/subdivider shall fulfill all applicable engineering, plan
check, inspection, and impact fees as required in accordance with the City Municipal
Code, as last revised and the City Schedules of Rates and Charges, as last revised
prior to issuance of building permits. (DSD & PW&UD)
3.2 Access Rights Dedication. Prior to issuance of the first building permit, the
applicant/subdivider shall grant access rights 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&UD and DSD)
3.3 Mylarof Final Mao. Priortoissuance ofthe 1"Bulding Permit,the applicant/subdivider
shall submit to the City Engineer a reproducible copy/mylar of the project's recorded
final map.The applicant shall also submit for review, and shall obtain approval of,the
Orange County surveyor of a digital Map pursuant to Orange County Ordinance 3809
of January 28, 1991. The applicant shall pay for all costs of said digital submittal,
including supplying digital copies to the City of the final County Surveyor-approved
digital map in DXF format.All Digital Submissions shall conform to the latest edition of
the City of San Juan Capistrano Digital Submission Standards. (PW&UD)
3.4 Water Availability. Prior to the issuance of a building permit,the applicant/developer
shall consult with the Utilities Department to determine the availability of water for their
project and will secure a final "will serve"water capacity allocation. (PW&UD)
3.5 Completion of Water Facilities. Prior to issuance of building permits for each building
phase, the applicant/subdivider shall complete the construction of all domestic and
non-domestic water facilities as indicated, in compliance to City water standard
specifications and shall comply with the provisions below. Any exception to, or
deviation from this condition shall be subject to review and approval by the Utilities
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Director. (PW&UD)
`r 3.6 Non-domestic Water Service Connection. Prior to the issuance of a building permit,
the project applicant shall construct a separate water service connection that is
adequate to provide the necessary water demand for irrigation and landscaping. This
water service connection shall be to a City maintained water main pipeline as specified
by the Public Works&Utilities Department.These connections shall be subject to the
submission, review, and approval of civil improvement plans and the
irrigation/landscape plans.The meter shall be installed at the Southeast corner of the
property at Alipaz Street with the size as determined by the required irrigation demand.
(PW&UD)
y ,OCFA PROTECTION CONDITIONS:
3.7 Gates. Prior to the issuance of a building permit,the applicant/subdivider shall submit
plans for the entrance and exit gates. Entrance and exit gates shall be equipped with
an entry system approved by the Fire Department. Gate widths shall be not less than
twenty (20) feet. Entrance gates shall be operated by a punch pad capable of
accepting a separate Fire Department code, and an "opticom" compatible gate
operation system. The gate operation shall provide for periods of power outage.
(OCFA)
3.8 Confirmation Letter. Prior to the issuance of a building permit,the applicant/subdivider
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. (OCFA)
9- 3.9 Hazardous Materials. If any hazardous materials are to be used or stored on site,prior
to the issuance of a building permit, the applicant/subdivider shall complete and
submit to the OCFA Chief a copy of a "Hazardous Materials Disclosure Chemical
Inventory and Business Emergency Plan" packet. (OCFA)
3.10 Fire Sprinklers. Prior to the issuance of a building permit,the applicant/subdivider shall
submit plans for any required automatic fire sprinkler system in all structures to the
OCFA Chief for review and approval. (OCFA)
4. - THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY
CERTIFICATE(S) OF OCCUPANCY:
4.1 Completion of 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 site improvements required of this development
pursuant to the approved improvement plans, in accordance with the Subdivision
Improvement Agreement, and as necessary to serve the development, including the
access and street improvements on Del Obispo Street,Alipaz Street,and Via Positive.
L (PW&UD)
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4.2 Utility Undergrounding. Prior to issuance of certificate of occupancy, the applicant
shall underground, at no cost to the City, the overhead utility lines within the property
and along its street frontage(s)to the satisfaction of the City Engineer.Any exception
to, or deviation from this condition shall be subject to review and approval by the City
Engineer. (PW&UD)
J0OCFA PROTECTION CONDITIONS:
J4.3 Hydrant"Blue Dots". Prior to the issuance of a certificate of use and occupancy, the
applicant/subdivider shall install blue reflective pavement markers on streets, as
approved by the OCFA Chief, to mark the location of all fire hydrants. (OCFA)
4.4 Completion of Sprinkler System. Prior to the issuance of a certificate of use and
occupancy, the applicant/subdivider shall demonstrate that any required sprinkler
system is operational in a manner meeting the approval of the OCFA Chief. (OCFA)
5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF
IMPROVEMENTS AND RELEASE OF SURETY/PERFORMANCE SECURITIES:
5.1 Provide Record Drawings. Prior to acceptance of the Works of Improvements and
release of performance securities, the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of, the reproducible Record Drawing
Mylar's of all on-site and off-site Works of Improvements plans completed and
accepted. Said Record Drawings shall be prepared by a Registered Civil Engineer.
Also, the applicant/subdivider shall submit digital copies of all Record Drawings in
accordance with the latest edition of the "City of San Juan Capistrano Digital
Submission Standards". (PW&UD)
5.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of the Works of
Improvements and release of performance securities, the applicant'subdivider shall
submit to the City Engineer for review, and shall obtain approval of, a videotape,
filmed in the presence of a City Staff representative/inspector, of all sewer and
drainage improvements. The videotape shall become the property of the City.
(PW&UD)
5.3 Monumentation and Corner Records. Prior to acceptance of the Works of
Improvements and release of performance securities, the applicant/subdivider's
surveyor shall set all required monumentation and re-establish any damaged or
destroyed monumentation during construction. Monumentation, street centerline ties
and appropriate corner records shall be submitted to the City Engineer and filed with
the County Surveyor in compliance with AB 1414 and Sec. 8771 of the Business and
Professions Code. (PW&UD)
_ 5.4 Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior to
acceptance of improvements and release of performance securities, the applicant
shall remove any existing drives and/or curb depressions that are determined to be
unnecessary by the City Engineer and shall replace them with full height curb and
,�1/ sidewalks. (PW&UD)
J5.5 Curb and Gutter Repair. Prior to acceptance of improvements and release of
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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&UD)
5.6 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&UD)
5.7 Ingress-Egress Control. Project access at Alipaz Street shall be limited to right-in,
right-out. The City Engineer shall specify the necessary signage, pavement markings,
and raised medians to provide the necessary access control which shall comply with
State standards. (PW&UD)
6. POST-CONSTRUCTION REQUIREMENTS
6.1 Maintenance Management Plan. The property owner shall implement in perpetuity the
provisions of the Maintenance Management Plan, including maintenance of the
parkways adjacent to the project site and the requirements of the Water Quality
Management Plan. The Maintenance Management Plan is attached to the land, not
the project, and its Covenants(terms and obligations)shall be passed to subsequent
property owners. (PW&UD, DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW&UD: Public Works and Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
67ci�/�f-
Sign of(name &title) Date
EXHIBIT B
CC RESOLUTION NO. 1440-21-05
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 13-006
PROJECT NAME: Spieker Continuing Care Retirement Community (Spieker
Senior Development Partners)
APPROVAL DATE:October 21, 2014
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:
AW'1. Project Plans. The subject project proposes the construction of a self-
contained Continuing Care Retirement Community on 35 acres located at
32382 Del Obispo Street, APNs 121-182-53 and 121-182-17. This project
approval is based on and subject to the application materials prepared by
Charles Hartman & Associates (Engineers) and KTGY Group (Architects)
including site plan(s), building elevation(s), floor plan(s), preliminary landscape
plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans.
These plans and the proposed use of the project site are hereby incorporated
by reference into this approval as submitted and conditioned herein, and shall
not be further altered unless reviewed and approved pursuant to Article 9-2.3,
Development Review Procedures of Title 9, Land Use Code.
&2. Compliance with Outside Regulations Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County or City regulations or requirements.
&3. Signed Plans. 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.
10"4. Legal Defense. he applicant shall defend, indemnify, and hold harmless the
City of San Juan Capistrano and its officers, employees, and agents from and
against any claim, action, or proceeding against the City of San Juan
Capistrano, its officers, employees, or agents to attack, set aside, void, or
annul any approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, or Development Services
Director. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose
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Spieker Senior Development Partners Page 2 o(11
its own attorney to represent the City, its officers, employees, and agents in
the defense of the matter. 17
5. Applicant Responsibilities. 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. Site Development.. The project site shall developed in accordance with the
Spieker Continuing Care Retirement Community Specific Plan (SP14-001) as
approved by City Council, and any conditions contained therein.(DSD)
M-7. Concurrent Approvals. This approval is contingent upon the concurrent
approval of TTM2014-17749 and shall become null and void upon the
expiration of said concurrent approval.
8. Sion Plan. Sign approval for the project is a separate process requiring the
issuance of a sign permit and building permits, and is subject to review and
approval by the Development Services Department and Building and Safety
Division.
_ 9. Discrepancy Clause. 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.
10. Public Nuisances 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
hhss�� occurring incidental to the establishment or operation.
11. Environmental Impact Report. The project site is subject to the Final
Environmental Impact Report (EIR) and Mitigation Monitoring Report Plan
(MMRP) certified for the Spieker Continuing Care Retirement Community
project. All future development shall comply with the EIR and MMRP. The
Director of Development Services may require inspections or other monitoring
to ensure such compliance.(DSD)
)012. Fees. 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.
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13. Fees. The applicant is responsible for paying required fees to the California
I_. Department of Fish and Game, and any related fee of the County of Orange
for processing environmental documents.
14. Approval Requirements. All applicable approvals and clearance from other
departments and agencies shall be on file with the Building and Safety
Division prior to issuance of any permits, final inspections, utility releases
and/or release of securities, as specified in these conditions. (B&S)
AW 15. Orange County Fire Authority (OCFA). Specific submittal requirements may
vary from those listed herein depending on actual project conditions identified
or present during design development, review, construction, inspection, or
occupancy. Standard notes, guidelines, submittal instructions, and other
information related to plans reviewed by the OCFA may be found by visiting
www.ocfa.org and clicking "Fire Prevention" and then "Planning and
Development Services."
The following conditions shall be met prior to or in conjunction with the issuance
of any building permit(s):
_ 2.1 Revised Architectural Plans, Elevations. Details. and Color Board. Prior to
issuance of plans to the Building Division for building permits, the
applicant shall submit to the Development Services Department final
architectural plans and elevations, design details, and color and materials
board (collectively, "design plans") to ensure the proposed design, colors,
materials, massing, architectural style, landscaping, lighting, signage, and
other similar design features are compatible with the City's General Plan,
Development Code, Architectural Design Guidelines, and the Spieker
Continuing Care Retirement Community Specific Plan. The Director of
Development Services may forward the design plans to various City
boards and commissions including without limitation to a Planning
Commission Ad-hoc Committee for review and recommendation.(DSD)
_ 2.2 Revised Landscape Plans. Prior to issuance of plans to the Building
Division for building permits, the applicant shall submit to the Development
Services Department final landscape plans to ensure the proposed plans
are compatible with the City's General Plan, Development Code,
Architectural Design Guidelines, and the Spieker Continuing Care
Retirement Community Specific Plan. The Director of Development
Services may forward the design plans to various City boards and
commissions including without limitation to a Planning Commission Ad-
hoc Committee for review and recommendation. (DSD)
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2.3 Tree Removal Permit. Prior to issuance of building permits, a tree
removal permit shall be obtained by the applicant. The tree removal shall
be consistent with the recommendations of the Tree Preservation Report
prepared in February 2014 and incorporated into the project's
Environmental Impact Report.
2.4 Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Division for review
and approval, and shall comply with the latest City-adopted edition of the
applicable Building Codes and all applicable Federal, State and local
amendments. (B&S)
w/T7 2.5 Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Division for review and approval by all
applicable departments. Such plans shall be fully dimensioned on 24" X
36" sheets and in substantial conformance with those plans approved by
the Development Services Commission, Design Review Committee,
and/or Development Services Director (as applicable). Plans shall address
the following: (DSD)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof-mounted and
building-mounted equipment shall be demonstrated on the
elevations, including but not limited to kitchen exhaust vents, air
conditioning and heating units, utility boxes, and backflow devices.
All equipment shall be screened from public view and designed to
be an integral component of the building design. All roof-mounted
equipment shall be screened from view by parapet walls or other
architectural means. The applicant shall demonstrate to the
satisfaction of the 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. n
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e. Show the location and method of screening for all ground-mounted
equipment on the site plan, including but not limited to air
conditioning and heating units, utility boxes, and backflow devices.
All equipment shall be screened from public view. Screening shall
be compatible with main structures and include landscaping where
appropriate. (DSD)
f. Show the location and method of operation of any vehicle
restricting gates on the site plan. The gates shall be subject to the
approval of the City Engineer and the Fire Department. Where
gates are used, a portion of the guest spaces shall be accessible
without passing through a security entrance. (ENG/PLN)
2.6 Final Landscape Irrigation Plans. Prior to issuance of building permits,
final landscape and irrigation plans shall be submitted to the Development
Services Department for review and approval by appropriate departments.
Plans shall include all project entries, parking areas, landscaped slopes,
common open areas, irrigation system, etc. Final landscape plans shall
show the following information and shall be consistent with the Planning
Commission-approved preliminary landscape plans: (DSD, UD-ENG)
a. Type, location, and size of all proposed plant material. Proposed
landscaping shall incorporate water conservation techniques and
use California native or friendly drought-tolerant plants.
b. All existing on-site trees approval for removal and all existing trees
to be preserved consistent with the approved preliminary landscape
plans.
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
consist of a drought-tolerant turf (e.g. UC Verde 'Buffalo' grass)
and 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.
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i. Design details and locations of all solid waste enclosures which
shall be of decorative design and compatible with the main
structures.
j. Trees shall be located so as to provide shade throughout parking
lots consistent with the Planning Commission-approved preliminary
landscape plans.
k. Where landscape planters abut the sides of parking spaces, they
shall not extend within three feet (3'-0") of the aisle edge.
Wherever a landscaped planter is located adjacent to a parking
space, a twelve inch (12")-wide, paved "landing" strip shall be
provided to accommodate drivers/passengers accessing vehicles.
Landscape planters shall have a minimum interior width, measured
from inside-of-curb to inside-of-curb, of three feet (3'-0") where no
"landing" is required; four feet (4'-0") where a "landing' is required
on one side; and five feet (5'-0") where "landings' are required on
both sides.
I. Sidewalks adjacent to head-in spaces shall have a minimum width
of six feet (6'-0").
M. All landscape areas adjacent to head-in spaces shall have a
minimum width of four feet, six inches (4'-6") unless the parking
stalls are provided with wheelstops that prevent vehicles from
overhanging the landscape area.
n. All landscaping shall be provided with a permanent, automatic
irrigation system designed for water conservation.
2.7 Surety for Tree Preservation. Prior to issuance of building permits, the
applicant shall provide surety in the form of a bond or other method as
approved by the City Engineer and City Attorney, to ensure that trees to
be preserved and/or planted on the site are protected during construction
and remain viable and healthy for twenty-four (24) months after issuance
of a final certificate of occupancy. (PW&UD)
2.8 Final Lighting & Photometric Plans. Prior to issuance of building permits,
the applicant shall submit the final lighting & photometric plan for the
project for Development Services Department review and approval. Plans
shall include the following information and meet the following
requirements: (DSD)
a. Show the location of all light standards and fixtures, free-standing
and building-mounted, that illuminate the parking area and other
areas accessible to the public and the proposed illumination levels
in footcandles (fc) extending five (5) feet beyond the property line.
b. Illumination levels shall comply with the Lighting Standards of Title
9, Land Use Code.
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C. Building-mounted fixtures shall be mounted below the roof eaves or
at a height no greater than the height of the pole mounted fixture
per Section 9-3.529whichever is less. Free-standing (pole-
mounted) luminaires shall not exceed a maximum height of 20 feet
per Section 9-3.529..
d. Illumination shall be by energy-efficient sources, such as LED or
induction. Metal halide, high-pressure sodium (HIPS), mercury
vapor and halogen lights are expressly prohibited, or other type of
illumination as approved by the City Engineer.
e. Shielding shall be required so that light measured within 5 feet of
the outside of the property boundary shall not exceed 0.1
footcandle. Exterior lighting fixtures that would be visible from
adjacent residential areas shall be shielded or 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 use is not in operation.
g. The design of all fixtures shall be consistent with existing City-
approved design plans for the property.
2.9 OCFA Review of Architectural Building Plans. Prior to the issuance of the
first building permit, the applicant shall submit the following plans for
OCFA review and approval: architectural (service codes PR200-PR285),
underground piping for private hydrants and fire sprinkler systems (service
code PR470-PR475), and fire sprinkler system (service codes PR400-
PR465). (OCFA)
2.10 Fire Alarm System. Prior to the issuance of the first building permit, the
applicant shall submit plans for the fire alarm system to the Fire Chief for
review and approval. Please contact the OCFA at (714) 573-6100 or visit
the OCFA website to obtain a copy of the "Guideline for New and Existing
Fire Alarm Systems." This system shall be operational prior to the
issuance of a certificate of use and occupancy. (OCFA)
2.11 Automatic Fire Sprinkler Systems. Prior to the issuance of the first building
permit, the applicant shall submit plans for the required automatic fire
sprinkler system in all structures to the Fire Chief for review and approval.
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Please contact the OCFA at (714) 573-6100 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." (OCFA)
2.12 Hazardous Materials. Prior to the issuance of the first 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
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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 prior
to issuance of any certificate of occupancy:
3.1 Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (PW-ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging
areas.(DSD)
3.2 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and/or staging areas for equipment and materials.
(DSD)
3.3 Archaeological Monitor. 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 archaeologist can determine if the resources
are significant and, if significant, until recovered by the archaeologist. In
the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and
Safety Code and §5097.98 of the Public Resources Code have been _
implemented. (DSD)
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AC13-006 Conditions of Approval
Spieker Senior Development Partners Page 9 of 11
3.4 Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project-related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (DSD)
3.5 Paleontological Monitoring. A qualified monitor (defined as an individual
with a bachelors degree in paleontology and monitoring experience),
supervised by the qualified paleontologist, shall be on-site during
construction activities that result in the grading and/or excavating of
current surface material (including during project-related off-site utility
[e.g., natural gas, electricity, sewer, water, drainage, communications,
etc.] and roadway improvements) to monitor for paleontological resources.
Should paleontological resources be discovered, the monitor shall have
the authority to temporarily halt or divert construction activities until the
qualified paleontologist can determine if the resources are significant.
L Significant paleontological resources shall be recovered by the qualified
paleontologist. (DSD)
3.6 Emergency Access Road. An emergency access road with two points of
ingress and egress is required to serve this project during all phases.
Access roads shall be a minimum of twenty (20) feet of pavement or other
all-weather surface as approved by the City Engineer. Any request to
deviate from this requirement shall be subject to review and approval by
the City Engineer. (PW-ENG)
3.7 Sign Program. Prior to issuance of the first Certificate of Occupancy, the
applicant shall submit a sign program for review and receive approval by
the Planning Commission. (DSD)
3.8 OCFA Review. Prior to concealing interior construction, the applicant shall
submit the following plans for OCFA review and approval: sprinkler
monitoring system (service code PR500), fire alarm system (service code
PR500-PR520), and hood and duct extinguishing system (service code
PR335).
L
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AC13-006 Conditions of Approval
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The following conditions shall be met prior to acceptance of improvements,
release of bonds and/or surety and final utility clearances:
3.9 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. The applicant shall provide as-built
landscape plans with all deltas (changes) clearly identified. (DSD)
3.10 Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the Development Services Department. (DSD)
3.11 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. (DSD)
3.12 Final Development Services Inspection. Prior to application for a final
occupancy permit, the applicant shall schedule a final inspection by the
Development Services Department and pay the applicable inspection fee,
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. (DSD)
3.13 Fire Extinguishers. Prior to final inspection by the orange County Fire
Authority (OCFA), fire extinguishers shall be required in accordance with
the Uniform Fire Code. The applicant shall contact the Fire Department for
CC Resolution 14-10-21-05
AC13-006 Conditions of Approval
Spieker Senior Development Partners Page 11 of 11
the requirements pertaining to the number, type, and placement of fire
extinguishers. All fire extinguishers shall have current California Fire
Marshal service tags. (OCFA)
The following ongoing conditions shall be complied with at all times after
completion of the project.
4.1 Business License. The applicant, tenants, or successors in interest shall
y�y comply with the City's business license requirements. (DSD-PW)
4.2 Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, storm drains, etc., pursuant to Municipal
Code requirements for property maintenance. (DSD & PW-ENG)
4.3 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-
residential) of the Municipal Code. (DSD)
A� 4.4 Future Parking Demand. In the event that future land uses require
additional parking, the applicant must obtain the necessary land use
approval that demonstrates that sufficient parking is being provided for all
land uses within the building or on the property. (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD - Building & Safety
PWENG: PW— Public Works Division
UD-ENG: PW— Utilities Division
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Appificant Signature Date
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Applicant's name/title (print)