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Resolution Number 13-05-07-02 RESOLUTION NO. 13-05-07-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF GRADING PLAN MODIFICATION (GPM) 10-008 FOR GRADING DESIGN FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE ON AN EXISTING VACANT 0.60 ACRE PARCEL WITHIN COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 IN THE "HE" (HILLSIDE ESTATE RESIDENTIAL) ZONE DISTRICT LOCATED ADJACENT TO THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS PARCEL NUMBER: 675-081-11) (DARMAL) WHEREAS, Arsalan Darmal has requested approval of a grading plan modification application allowing grading for the development of a 6,612 gross square foot, two-story, single-family residence with a maximum height of 25'-0" within the "HE" (Hillside Estate Residential) established by Comprehensive Development Plan (CDP) 81-01, Forster Canyon, on a vacant, 0.60 acre parcel located along the west side of Avenida California and east of Interstate 1-5 and further described as Assessor Parcel Number 675-081-11. The Grading Plan Modification proposed to grade about 0.20 acres of the 0.60 acre parcel and proposes 480 cubic yards of cut, 390 cubic yards of fill, and 90 cubic yards of export; and, WHEREAS, Paul Jenkinson, representing several Pacifica San Juan residents, has filed a timely appeal of the Planning Commission's conditional approval of the Grading Plan Modification application for the proposed project; and, WHEREAS, the proposed project is consistent with the "Planned Community" General Plan Land Use designation and the "PC" (Planned Community) zoning district subject to Comprehensive Development Plan (CDP) 81-01 Forster Canyon in the HE (Hillside Estate Residential) zone sector; and, WHEREAS, the project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Administrator has determined that the project is categorically exempt (Class 3) from further review pursuant to Section 15303 (New Construction or Conversion of Small Structures). A Notice of Exemption will be posted should the project receive final approval; and, WHEREAS, the Design Review Committee conducted duly-noticed public meetings on January 5, 2012, August 16, 2012, and December 6, 2012, and approved the residence architecture and design pursuant to Title 9, Land Use Code, Section 9- 2.302, and City Council Resolution No. 07-09-04-01 and considered all public oral and written communications; and, 1 5-7-2013 WHEREAS, the Transportation Commission conducted a duly-noticed public meeting on October 10, 2012, pursuant to Title 9, Land Use Code, Section 9- 2.302, and City Council Resolution No. 07-09-04-01 and considered all public oral and written communications, and, WHEREAS, the Planning Commission conducted duly-noticed public hearings on January 22, 2013, and February 26, 2013, pursuant to Title 9, Land Use Code, Section 9-2.302, and City Council Resolution No. 07-09-04-01, considered all public oral and written communications and approved Grading Plan Modification (GPM) 10-008 subject to conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed grading plan modifications are consistent with the General Plan, land Use Code, Design guidelines, and applicable specific plan or comprehensive development, including but not limited to requirements for ridgeline protection, natural landform grading, minimizing use and height of retaining walls, and effective use of landscaping for erosion control and aesthetics. The proposed grading includes 480 cubic yards of cut, 390 cubic yards of fill, and 90 cubic yards of export. The residence would be cut into the slope and buffered from properties in the vicinity and not readily visible from adjacent roadways. The grading is consistent with the General Plan Planned Community designation and Planned Community zoning subject to CDP 81-01 Forster Canyon as they identify 77% of the 391.6 acres being residential designations. The Design Review Committee (DRG) determined the project is consistent with the Design Guidelines, Chapter II, Single Family Residential. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project as approved by the reviewing authority. The Design Review Committee (DRC) has recommended approval pending colors, materials, landscaping and lighting receive final review by the DRC to ensure consistency with Planning Commission approval and that the project blends with the surrounding area. 3. The proposed grading will remain consistent and compatible with immediately adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the design with the natural contours of the property and surrounding lots. The proposed grading for the single-family residence is compatible with existing development and zoning entitlements in CDP 81-01. Perimeter landscaping would consist of native drought tolerant species to screen, buffer and blend with the area. 2 5-7-2413 4. The grading plan shows the location of proposed building footprints which meet all required minimum setbacks for buildings as defined in the applicable zone district, and minimum setbacks form the tops and toes of slopes as defined by Section 9-4.313, Graded Slopes, of this title. The project proposes a residence with minimum 10 foot front and five foot side and rear setbacks that are appropriate for the linear irregular shaped parcel. The project will be buffered from public right-of-ways and will be downhill and cut into the slope to not obstruct views from existing and proposed residences. Front yard setbacks range between 14'-6" and 25'-0" with an average 17'-0" front yard setback. 5. The proposed grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development. The proposed project will not be adjacent to any existing or proposed developments. The adjacent lots are lettered lots that cannot be developed with residences. Potential impacts will be mitigated by caissons to ensure slope stability, proper drainage and water quality, the line of sight analysis demonstrates no visual obstructions from adjacent roadways or properties, and trails will not be negatively impacted. The property directly across the street between the Darmal parcel and Belle Cliffe has been approved for condominiums. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano hereby denies the appeal and upholds the Planning Commission's conditional approval of Grading Plan Modification (GPM) 10-008 subject to those conditions of approval contained in Exhibit "A", attached hereto and incorporated herein. PASSED, APPROVED AN , ADOPTED, this 7th day of May, 2013. /xvl? J611TAY On'� MAYOR ATTE s MARIA t O, RIS, CIT. CL t 3 5-7-2013 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. 13-05-07-02 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular Meeting thereof, held the 7tn day of May 2013, by the follawin9 o#e: A . AYES: 0 NCIL MEMBERS: Byrnes, Kramer, Reeve, Ailevato and Mayor Taylor NOES: NCIL MEMBER: None ABSENTc' NCIL MEMBER: None 1 MARIA N S, City Clerk 4 5-7-2013 RESOLUTION # 13-05-07-02 CITY COUNCIL CONDITIONS OF APPROVAL PROJECT LOG #: Grading Plan Modification (GPM) 10-008 PROJECT NAME: Darmal Residence These conditions of approval apply to the above-referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. The subject project is approval of grading activities for construction of a single-family residence, 6,612 square feet in area, two-stories and 25'-0" in height within Comprehensive Development Plan (CDP) 81-0-1 Forster Canyon, in the "HE" (Hillside Estate Residential) zone sector. The subject property is described as Assessor Parcel Number 775-081-11 and is located adjacent to the west side of Avenida California and east of Interstate 1-5. The parcel is General Plan designated "Planned Community" and zoned "PC" Planned Community subject to CDP 81-01. This project approval is based on and subject to the application materials approved by the Planning Commission on January 22, 2013 including site plan, floor plan, cross sections, elevations, landscape plan, and grading plan, These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected City departments. Minor modifications to this project approval may be approved by the Development Services Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use Code. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so. 4. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008, Darmal Residence Page 2 of 9 _ 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements set forth in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities conducting business in the City. 6. 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. 7. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation of the use. _ 8. 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. 9. Prior to the issuance of building permits, the applicant shall resubmit final landscape & Irrigation plans and final lighting & photometric plans for review and approval by the Design Review Committee (DRC). 10. Prior to the submittal for plan check, the applicant shall submit final residence design and architectural plans including colors, materials, landscaping and lighting for review and approval by the Design Review Committee (DRG). All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Department prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) The following conditions of approval shall be met prior to issuance of grading permits for the project. 1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant shall fulfill all applicable engineering fee requirements in accordance with the City Municipal Code and the Water Department fee schedule, as last revised, and post securities to ensure satisfactory performance of proposed on-site and off- site grading, drainage, landscape and irrigation, erosion and sediment control, sewer, water, street, and all appurtenant improvements. (PW-ENG) 1.2 Construction Cost Estimate. Prier to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all applicable street improvements, signing and striping, street lights, storm drains, water, sewers, recreational trails, landscape, irrigation systems, setting of survey monuments and centerline ties. (PW-ENG) City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008, Darrnal Residence Page 3 of 9 1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide Labor and Materials Bonds/Securities for 100% of the above estimated improvement costs as determined by the City Engineer. (PW-ENG) 1.4 Grading Plans. Prior to issuance of a grading permit, the applicant shall submit the required number of copies of grading plans, prepared by a Registered Civil Engineer, to the Public Works Department for review and approval by applicable departments. Conceptual grading plans shall be subject to review by the Design Review Committee. Precise grading shall be consistent with the approved conceptual grading plan and site plan. These plans shall show, at minimum, the limits of grading, the drainage, any applicable retention/detention basins, sewer, water, trails, parkways, streets and all appurtenant improvements. The extent of the topography shall be extended enough to determine the geological and drainage impacts to adjacent properties. The elevations shall correspond with the orange County benchmark datum. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System (NPDES) requirements. In addition, the grading plans shall show the following information: (PW-ENG/DS) a. Location, height, materials and colors of any retaining walls. (DS) b. 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. (DS) C. 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/DS) 1.5 Drainage Improvement plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and obtain approval for Drainage Improvement Plans, specific to the project, which reflect consistency with the City's Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing down stream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, in a manner acceptable to the City Engineer. Any deviation from such requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (PW-ENG) City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008 Darmal Residence Page 4 of 9 1.6 Storm Runoff Hydraulic/h+drolo4V Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (PW-ENG) 1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a Registered Geologist and Soil Engineer to determine the seismic safety and soils stability of all proposed grading and development improvements for the project and preliminary pavement sections and substructure bedding/backfill recommendations. (PW-ENG) 1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and shall obtain approval for Erosion and Sediment Control Plans, using Best Management Practices prepared by a Registered Civil Engineer. These plans shall show, in accordance with the NPDES Permit, all temporary and/or permanent erosion and sediment control measures, effective planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to prevent public trespass onto certain areas where impounded water may create a hazardous condition. (PW-ENG) 1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement permits, for importation/exportation of soil in excess of fifty cubic yards in and out of the project site, the applicant shall submit to the City Engineer for review and obtain approval for, a Haul Route Plan specific to the project and in compliance with all applicable City standards. The Haul Route Plan shall specify dates, times, and headways for hauling activities. Prior to commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees to the Engineering Department. (PW-ENG) 1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, the applicant shall submit to the City Engineer and obtain approval for Traffic Control Plans and final improvement plans for all traffic mitigation improvements, including both on-site and off-site, as identified in the approved Traffic Study prepared pursuant to City Council Policy 310. Any exception shall be subject to review and approval by the City Engineer (PW-ENG) 1.11 Recycling/Reduce Debris Act of 1989 CIWMA . Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (PW-ENG) City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008, Darmal Residence Pape 5 of 9 1.12 Drainage Barrier between Slopes and Streets. Prior to issuance of grading permit, the grading and street improvement plans shall indicate and show that all street sections located within 20 feet or less, from the toe of the slope of 10' in height or more, are protected from underground water seepage by providing a positive drainage barrier system in accordance with City Standard Drawing No. 350. Any exception shall be subject to review and approval by the City Engineer. (PW-ENG) 1.13 Connection to City Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting plans, where points of connections are permitted, shall be provided and submitted by the applicant's engineer at applicant's expense, prior to acceptance to improvements and release of performance securities. (PW- ENG) 1.14 Existing Easements. Prior to issuance of a grading permit, applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW-ENG) 1.15 Permission to Grade from Others. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer, for any necessary off-site grading, a notarized written permission from adjacent property owners affected by said off- site grading. (PW-ENG) 1.16 Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (PW-ENG) 1.17 Orange County Fire Authority (OCFA) Approval. Prior to grading, street improvement plans, location of fire hydrants in the public right of way, emergency access including the spine access road, traffic/parking study, and the on-site driveway and loading zone emergency access areas of the proposed project shall be reviewed and approved by the Orange County Fire Authority (OCFA). The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 2.1 Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Department for review and approval, and shall comply_ with the latest City-adopted edition of the applicable building codes. (B&S) 2.2 Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Division for review and approval by all applicable City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008, Darmal Residence Page 6 of 9 departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, and/or Development Services Director (as applicable). Plans shall address the following: (DS) 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. 2.3 Final Landscape__Plans. Prior to issuance of building permits, final landscape plans shall be submitted to the Development Services Department for review as approved by the Design Review Committee. Final landscape plans shall show the following information and requirements: (DS) a. Type, location, and size of all proposed new plant material. Proposed landscaping shall incorporate water conservation techniques and drought resistant plants. b. All trees on site to be removed and retained. Tree removals shall comply with the City's Tree Permit requirements. C. Turf areas shall be limited in area in designed to minimize overspray. Turf areas shall be separated from non-turf areas by a mow strip or header. d. All slopes of 2:1 and greater shall be permanently landscaped for erosion control. e. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous„ or screened with landscaping. f. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. g. Location, height, materials and colors of all proposed and existing walls and fences. h. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. i. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. j. Trees shall be located so as to provide shade throughout parking lots, City Council Resolution #13-05-07-02 Conditions of Approval GPM_!0-008, Darmal Residence Page 7 of 9 with a minimum of one (1) tree per six (6) parking spaces. k. Landscape planters shall be a minimum interior width of five (5) feet. Where landscape fingers abut parking spaces, they shall not extend closer than three (3) feet to the aisle end of the adjacent parking space. A twelve (12) inch wide paved landing strip shall be provided inside the curb, wherever a landscaped planter is located adjacent to a parking space such that passengers exit a vehicle into the planter. I. Sidewalks adjacent to head-in spaces shall be a minimum width of seven (7) feet. M. All landscape islands which are located at the front of head-in parking spaces shall be designed with a minimum two and a half (2-112) foot area free from vegetation where the front of a vehicle may overhang the planter. n. All parking areas located adjacent to public or private streets shall be screened by low-profile wall, berm, or landscaped area, at least three (3) feet in height, designed to shield vehicles and headlight glare. o. All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. 2.4 Surety for Tree Preservation. The applicant shall provide surety in the form of a bond or other method as approved by the Development Services Director 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. (DS) The following conditions and requirements shall be met continuously during construction, following issuance of any grading & building permits and prior to issuance of any occupancy permits: 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.(DS) 3.2 Pre-construction Meeting. Contractor shall attend a pre-construction meeting with the Building and Safety Division prior to commencement of any construction on the site. (DS-B&S) 3.3 Drainage Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW-ENG) a. if any drainage problem Is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Engineer at no cost to the City, and submit a recorded instrument to insure the future of the solution. (PW-ENG) City Council Resolution #13-05-07-02 Conditions of Approval GPM 10-008Darmal Residence Pae 8 of 9 b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to supplemental Geotechnical Soils Report and additional fees. (PW-ENG) 3.4 Grading to be continuous operation. All grading work shall be performed in either one continuous operation or in phases that have been approved by the City. (PW-ENG; PLN-B&S) 3.5 Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (PW-ENG) 3.6 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(DS) 3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (DS) The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: 4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, the applicant shall complete, to the satisfaction of the City Engineer, all facility improvements required and necessary to serve the development in accordance with the approved plan and approved exceptions. In the case of a phased project, the provisions of this condition shall be applied to each phase (PW-ENG) 4.2 Provide As-Built M lags/Di ital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Pians of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San duan Capistrano Digital Submission Standards. (PW-ENG) 4.3 Monumentation Restored and Corner Records Filed with County. Prior to acceptance of improvements and release of performance securities, the applicant's surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (PW-ENG) City Council Resolution#13-05-07-02 Conditions of Approval GPM 10-008. ©armal Residence Pape 9 of 9 4.4 Installation of Landscaping. Prior to approval of final inspection (of each phase) the developer shall install all landscaping and irrigation. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. Additionally, all bicycle racks, pedestrian walkways, seating, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Community Development Department. (DS) 4.5 Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the City Planner. (DS) 4.6 Final Development Services Department Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Development Services Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. The Development Services Department shall not conduct a final inspection until any outstanding balance has been paid in full. (DS) Responsible Departments/Agencies: DS: Development Services Department (Planning) B&S: Building & Safety Division PW-ENG: Public Works-Engineering Division UTIL: Utilities Department QCFA: Orange County Fire Authority tom" k t �.:.