ZA Resolution-10-03-25-01_exhibit missing pagesRESOLUTION NO. 10-03-25-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO TO APPROVE A TIME EXTENSION FOR TWELVE (12)
MONTHS OF ZONING ENTITLEMENTS FOR THE VENTANAS INDUSTRIAL
PARK PROJECT AT ASSESSOR PARCEL NUMBERS 666-131-09,013,14,15 &
16 LOCATED AT THE WEST TERMINUS OF CALLE ARROYO BORDERING
INTERSTATE 1-5 TO THE WEST AND SAN JUAN CREEK TO THE SOUTH IN
THE PC (PLANNED COMMUNITY) ZONE SUBJECT TO COMPREHENSIVE
DEVELOPMENT PLAN 78-01, ORTEGA PLANNED COMMUNITY WITHIN
PLANNING SECTORS "B" AND "C"
WHEREAS, Centra Realty Corporation, pursuant to a letter dated February 3,
2010, has requested a time extension of twelve (12) months for ten (10) zoning
entitlements including Architectural Control, Tentative Parcel Map, Lot Line Adjustment,
Grading Plan Modification, Tree Removal Permit, Floodplain Land Use Permit, Public
Right -of -Way Vacation, License Agreement, Shared/Joint Use Parking Agreement, and
Community Facilities District in order to develop the Ventanas Industrial Park project
consisting of eleven (11) buildings, two -stories in height, totaling approximately 225,000
square feet; and,
WHEREAS, the applicant has not proposed any changes to the project as
approved by the San Juan Capistrano City Council on May 6, 2008; and,
WHEREAS, the project is consistent with the Industrial Park and General
Open Space Designations on the General Plan Land Use Map; and,
WHEREAS, a final Environmental Impact Report (EIR) was certified by the
City -Council that was posted with the Orange County Clerk -Recorder on May 9,2008; and,
WHEREAS, the project is consistent with the PC (Planned Community) zone
district and is consistent with permitted uses and development standards set forth in
Comprehensive Development Plan (CDP) 78-01, Ortega Planned Community, Planning
Sectors "B" and "C"; and,
WHEREAS, the project is consistent with the City's adopted Architectural
Design Guidelines; and
WHEREAS, the zoning entitlements for the Ventanas Business Park project
would expire two years after approval on May 6, 2010 if not extended by the Zoning
Administrator who may extend such entitlement for twelve (12) months per request for a
maximum of five (5) years from approval pursuant to Municipal Code Section 9-2.313(e);
and,
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano is
granted .the authority to approve time extensions pursuant to Municipal Code section 9-
1.11(e)(1); and
WHEREAS, this public hearing was duly noticed in a local newspaper, was
mailed to property owners within 500 feet of the subject property, and mailed to interested
persons who testified at previous public hearings; and,
WHEREAS, the Zoning Administrator has considered all oral and written
testimony offered at the public hearing; and,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano grants a time extension of twelve (12) months subject to
conditions of approval set forth in City Council Resolution 08-05-06-05 attached hereto and
incorporated herein (Exhibit "A").
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the zoning
entitlements for the Ventanas Industrial Park project shall expire on May 6, 2011 unless an
additional extension of time is granted or the applicant has obtained building permits and
commenced construction.
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Zoning
Administrator shall become final on April 9, 2010 at 5:30 p.m. if an appeal has not been
filed prior to that date and time.
PASSED, APPROVED AND ADOPTED this 25th day of May, 2010.
ATTEST:
r
\MLLIAM RAMSEY, AICP
ZONING ADMINISTRATOR
GRANT TAYLOR,
ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 08-06-06-05
EXHIBIT A
CONDITIONS OF APPROVAL
ARCHITECTURAL CONTROL 07-01, Tentative Parcel Map 07-02
(2007-168), Grading Plan Modification 07-08, Tree Removal Permit,
Floodplain Land Use Permit, Lot, Line Adjustment or Easement,
Public Right -of -Way Vacation, Shared/Joint Use Parking Agreement,
License Agreement and Final Environmental Impact Report
Project Name: Ventanas Industrial Park
APPROVAL DATE:
May 6, 2008
EFFECTIVE DATE:
May 6; 2008
EXPIRATION DATE:
May 6, 2010
These conditions of approval apply to Architectural Control # AC 07-01 to develop the
Ventanas Industrial Park project to construct eleven (11) multi -tenant industrial buildings
with a total of approximately 225,000 gross square feet of building area and 689 parking
stalls. Site access is provided by three (3) entrance drives on the south side of Calle
Arroyo. The project includes grading, landscaping, stabilization of the San Juan Creek
bank edge using a steel sheet piling system, relocation of a General -plan designated
bike trail, vacation of the Paseo Tirador right-of-way, license agreement for access over
the 0.92 acre City -owned water service site, relocation and development of utilities, and
the potential future formation of a Community Facilities District (CFD). The subject
property totals 20.33 gross acres (13.83 net acres) located at the west terminus of Calle
Arroyo and bordering Interstate 1-5 to the west and San Juan Creek to the south. The
property is General Plan -designated as 4.0 -Industrial Park and 1.0 -General Open
Space and is zoned PC (Planned Community). The property is subject to the provisions
of Comprehensive Development Plan 78-01, Ortega Planned Community, and is
situated in Planning Sector Band C.
This project requires nine (9) zoning entitlements, including: Architectural Control 07-01;
Tentative Parcel Map 07-002 (2007-168); Grading Plan Modification 07-008; . Tree
Removal, Permit; Floodplain. Land Use Permit; Lot Line Adjustment or Easement; Public
Right -of -Way Vacation; Shared/Joint Use Parking Agreement; License Agreement; and
Final Environmental Impact Report.
ATTACHMENT 5
City Council Conditions of Approval — May 6, 2008
AC 07-01; TPM 2007-02 Ventanas Industrial Park page 3 of 29
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.
5. The applicant shall be responsible . for informing all subcontractors,
consultants, engineers, or other business entities providing services
related. to the project of their responsibilities to comply with these
conditions. of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. Approval of this project shall become effective on the date that the City
Council approves Tentative Parcel Map 07-002 (2007-168), Floodplain
Land. Use Permit, Lot Line Adjustment or Easement, Public right-of-way
Vacation, Shared/Joint Use Parking Agreement, License Agreement, and
confirming certification of the Final Environmental Impact Report. Denial
of any of the above -identified zoning entitlements by the City Council shall
cause AC 077.01 and all associated permits to become null and void.
7. The project signs and sign program shall be consistent with revised sign
regulations currently being reviewed by the City, and shall be processed in
accordance with the provisions of the adopted sign ordinance and
applicable design regulations. A sign program may be approved by the-...
Planning Commission prior to issuance of individual sign permits.
8. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
9. The uses shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6; 2008
j AC 07-01, TPM 2007-02, Ventanas Industrial Park page 5 of 29
irrigation in rights-of-way, private slopes and open space. In addition, the
applicant shall provide Labor and Materials Bonds/securities fbr 100% of
the above e estimated improvement costs as determined by the City
Engineer. (ENG)
16.. Grading Plans. Prior to issuance of a Grading Permit, the applicant shall
submit the ' required number of copies of Grading Plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Any revisions to the
Conceptual Grading Plans shall be subject to review by. the Design
Review Committee. Precise Grading Plans shall be in substantial
conformance with the approved Conceptual Grading Plans and approved
Site Plan. These plans include. 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 : system. All drainage must be treated
prior to being conveyed. to the street or a City approved drainage facility in
i accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements and the approved Water Quality Management
Plan prepared for,the Ventanas project. In addition, all Grading Plans shall
show the following information: (ENG/PLN)
a.. Location of all existing trees and indicate trees to be removed and
trees to remain in place (PLN)
b. Areas to be protected from grading in order to protect environmental
resources (i.e. habitat area near San Juan Creek), and method of
protection proposed during grading operations. (PLN)
c. Location, height, materials and colors of any retaining walls. (PLN)
d. *Show locations of steel sheeting piling .scour wall and associated tie
backs along San Juan Creek.
e. *Identify locations of significant, existing and proposed improvements to
include but not be limited to the Calle Arroyo right-of-way and City
water service facility, proposed bike trail, 1-5 retaining wall, culverts).
f. *Identify applicable jurisdictional boundaries to include but not be
limited to City owned parcel (0.92 acre), St. Margaret's easement, CDP
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02 Ventanas Industrial Park page 7 of 29
20. .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. (ENG)
21. 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. (ENG)
22. Traffic Control Plans. Prior to issuance of grading and right-of-way
improvement permits, 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 (ENG)
23. Recvcling/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. (ENG)
24. Building Pad Elevations in Flood Areas.Prior to the issuance of grading
permits, the applicant shall provide verification to the City Engineer that a
Conditional Letter of Map Revision (CLOMR) has been conditionally
approved by the Federal Emergency Management Agency and that the
proposed building pads are outside the limits of the effective floodway
boundary.
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07 -01. -TPM 2007.02. Ventanas Industrial Park page 9 of 29
Evidence that this requirement has been met shall be submitted to the City
Engineer. (ENG)
30. Public Facilities located in easements Prior to issuance of Grading
Permits, all public facilities such as drainage, sewer, and water shall be
designed to be located within the public right-of-way or within dedicated
easements, as approved by the City Engineer. (ENG)
31. *California: Department of Fish and Game(CDFG) Review. Prior to
issuance of a grading :permit, the applicant. shall notify the California
Department of Fish and Game (CDFG) of proposed activities near the
jurisdictional line. The applicant shall forward any correspondence or
recommendations from CDFG to the Planning Services Department. The
following conditions shall be implemented prior to recordation of the final
map.
a),.. Place., a conservation easement over the buffer.. and riparian habitat
within the jurisdictionally-delineated area of the project site, or deed
area to the City of San Juan Capistrano;
b) Designate outdoor lighting to be shielded and light directed away
from riparian habitat areas;
c) Post signs identifying the conserved habitat as sensitive;
32. Orange County Fire Authority (OCFA Approval Prior to the issuance of
grading and right-of-way improvements permits, 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).
33. Fire .Flow Demands. Prior to the issuance of grading and, right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire, Authority (OCFA) the required fire flow demands and the fire
protection requirements to serve the subjectproject and shall provide
evidence of satisfactory fire flow. (PW)
The following conditions of approval shall be met.prior to Final Map Approval:
34. Pay Fees and Post Sureties.. Prior to final map approval, the applicant
shall fulfill all applicable engineering fee requirements in accordance with
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01. TPM 2007-02 Ventanas Industrial Park page 11 of 29
License Agreement for ingress, egress, landscaping, and parking over a
parcel comprising approximately 0.92 acres of City -owned land for public
water services purposes and a Shared/Joint Use Parking Agreement to
allow public access and public parking on that portion of the proposed
parking lot improvements situated within Planning Sector "C portion of the
project site as delineated by Comprehensive Development Plan 78-01,
Ortega Planned Community. (ENG)
40. Street Access. Release. Prior to final map approval; the applicant shall
indicate and show on the. Final Map the following release: "Subdivider
hereby releases and. relinquishes to the City of San Juan Capistrano, all
vehicular access rights to Calle Arroyo except at the proposed access
driveways and street intersection(s). (ENG)
41. Post Bond/Provide Securities. Prior to final map approval, the applicant
shall provide labor and material bonds or securities to insure installation of
the :improvements listed below. Said bonds or securities shall be in the
amount of 1000/6- of the estimated improvement cost for each, but not
limited to, of the following: street improvements, signage and striping,
street lights, storm drains, sewer and landscaping and irrigation. The
bonds or securities may be released upon successful completion of said
improvements. In addition, the applicant shall provide performance bonds
or securities in the amount of 100% of the estimated improvement costs to
insure the efficacy of said improvement. Improvement cost estimates
shall be prepared by a Registered Civil Engineer and approved by the City
Engineer and City Attorney. Release of bonds or securities shall be in
accordance with the terms of the Subdivision Improvement Agreement
associated with TPM 2007-02 if applicable, or as determined by the City
Engineer. (ENG)
42. Submission of Digital Map per County Requirement Prior to recordation of
the Final Map, the applicant shall submit for review and obtain approval of
the Orange County surveyor for, a digital Tract/Parcel Map pursuant to
Orange County Ordinance 3809 of January 28, 1991. The applicant shall
pay for all cost of said digital submittal including supplying digital copies to
theCity of the final County Surveyor approved digital map in a .PXF.
format. All Diqital Submissions shall conform to the latest edition of the
City of San Juan Capistrano Digital Submission Standards.(ENG)
43. Existinq Easements. Prior to final map approval, applicant shall
incorporate into the project design all existing easements and public
utilities within the project boundaries, or obtain abandonment of said
*denotes .Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02 Ventanas Industrial Park page 93 of 29
c) Remove existing 8" well fill line and replace with new 16" well fill
line form the existing 8" line on the west side of the project to the
Tirador Well site. The City will reimburse applicant in the amount of
actual cost to construct the upsizing of this line from 8" to 16".
d) Install new. 12" de -salter ground water recovery line from the
Tirador Well site to Calle Arroyo. The City will reimburse applicant
for the actual cost to construct this line.
48. Subdivision Improvement Agreement Prior to the issuance of permits for
any water improvements, the applicant* shall execute a Subdivision/Water
Improvement Agreement or Encroachment Permit with the City, shall pay
all applicable domestic and non-domestic Water Development Charges in
accordance with the' Water Department Schedule of Rates and Charges,
as -last revised, and 'shall post the required securities to insure satisfactory
performance of proposed public water improvements in compliance with
City water standard specifications. (PW)
49. Lot Line,Adiustment/Easement Prior to issuance of building permits, the
applicant shall obtain -approval for and record an easement for the 0.13
acre parcel . of land that would be deeded to St. Margaret's Episcopal
School associated with vacation of the Paseo Tirador right-of-way.
Approval shall be obtained from the Planning Department, Engineering
Department and City Attorney prior to recordation. Failure to secure
approval from St. Margaret's Episcopal School would require a lot line
adjustment.(PLN)
50. Dedication of Water Facilities Prior to final inspection of water
improvements and use of the site, the applicant shall dedicate to the City,
at no cost to the City, all public water facilities, water rights, and pertinent
easements, including easements for existing facilities. (PW)
51. Property Owners Association. Prior to the issuance . of the first-
Certification of Completion or Certificate of Occupancy provide written
documentation to the Planning Department verifying that a Property
Owners Association has .been formed for the purpose of maintenance all
common areas, including .landscaping and parking areas. Provisions for
operating costs. and capital reserves for facilities and infrastructure
upgrades .and replacement (including the future replacement of the scour
wall with a reserve life of 75 years) shall be included in the reserve
analysis. (PLN)
*denotes Environmental Mitigation Measure
- ; City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02 Ventanas Industrial Park page 15 of 29
54. Street Improvement Plans Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval
for. Street Improvement Plans for Calle Arroyo prepared by a Registered
Civil Engineer. Said plans shall be designed per City standards and shall
show all existing and proposed improvements, including but not limited to
street grades, striping, signage, signalization if -applicable, storm drain,
sewer, water, construction. traffic control, and all related appurtenances.
In addition, the Street Improvement Plans shall show the following
required improvements for this project: (ENG)
a. The sidewalks and cul-de-sac on the Calle Arroyo cul-de-sac shall be
improved consistent with City standards and subject to approval of the
City Engineer.
b. Street lights shall be provided per City standards (Mission bell fixtures
on marbelite poles).
55. Caltrans Permits. Prior to issuance of building 'permits, any proposed
improvement or work within the State right-of-way shall conform to
Caltrans standards and specifications and shall require an encroachment
permit from Caltrans. (ENG)
56. Traffic Improvement Plans Prior to issuance of building permits, the
applicant shall submit.to the City Engineer for review and obtain approval
for Traffic Improvement Plans prepared by a Registered Traffic Engineer.
These plans shall show all striping, signage, signalization, and related
appurtenances. (ENG)
57. Access Rights Dedication Access rights shall be granted to the City for
the purpose of allowing access over private drives within the development
for all City vehicles, including police, fire, and other emergency vehicles.
The document(s) recording this access shall be prepared by the applicant
for review and approval by City Engineer, prior to recordation. (ENG)
58. Recreational Trail Improvements. The existing General Plan -designated
bike trail that traverses the central portion of `the property shall be
relocated adjacent to the top of the San Juan Creek bank and designed as
a General. Plan -designated Trail, 20 feet in. width. The multi-purpose
bicycle, hiking .and equestrian trail shall be designed. and constructed per
Section 9-4.305 of the Municipal Code and the City Trail Design Manual or
as approved by. the. City Engineer. In locations along the Environmental
Jurisdictional Line where the existing grade exceeds the maximum 6%
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02 Ventanas Industrial Park page 17 of 29
pedestal, to ensure compatibility with existing and proposed
improvements. Pedestals shall be located in areas with limited visibility to
the general public, and screened with landscaping to the extent feasible.
The applicant shall coordinate with utility providers to ensure that required
public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent
practicable. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
62. Water System Improvements Prior to the issuance of certificates of use
and occupancy, the applicant shall complete the construction of all
domestic water system, non-domestic (recycled) water system
improvements, and irrigation facilities required to serve the subject project
in compliance with City municipal codes, standards, specifications, the
Rules and Regulations for Users of Non-domestic Water and. the City's
water standard specifications. (PW)
63. Water Service Connection. Prior to the issuance of certificates of use and
occupancy, 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. These connections shall be subject
to the submission, review and approval of civil improvement plans and the
irrigation/landscape plans. The irrigation facilities shall be designed in
accordance with the City of San Juan Capistrano's Water Standards and
Specifications, Rules and Regulations for Users of Non -Domestic Water,
and the Municipal Code Section 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)
64. Scour Wall (Sheet Pilins) Improvement Plans. Prior to the installation of
any scour wall (sheet piling) improvements, the applicant shall provide
documentation that the construction of said scour wall will not impair or
negatively impact the groundwater source and/or the related operation of
the Paseo Tirador water well or any other ground water wells. (PW)
65. Final Landscape Plans Prior to issuance of building permits, Final
Landscape Plans shall. be submitted to the Planning. Department for
review by the Design Review Committee (DRC). Final Landscape Plans
shall show the following information and requirements: (PLN)
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02. Ventanas Industrial Park Pape 19 of 29
I.. Sidewalks adjacent to head -in spaces shall be a. minimum width of six
(6) 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 .(2-1/2) foot
area free from vegetation or vegetation not exceeding six inches (6") in
height where the front of a vehicle may overhang the planter.
n. Parking areas located adjacent to Calle Arroyo 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 from the
adjacent public street.
o. All portions of a parking lot devoted to landscaping shall be provided
with, a permanent automatic irrigation system designed for water
conservation.
66. Surety for Tree Preservation. The applicant shall. provide surety in the
form of a bond or other method as approved by the City Planner and City
Attorney, to ensure that trees to be preserved and/or replanted on the site
are protected during construction and remain viable and healthy for
twenty-four. (24) months after issuance of a final certificate of use and
occupancy. (PLN)
67. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County. Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
68. OCFA Review of Architectural Building Plans Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
69. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior tothe issuance of a
certificate of use and occupancy. (OCFA)
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 0-7 09, TPM 2007-02, Ventanas Industrial Park page 29 of 29
construction of an additional northbound through lane and an
additional southbound through lane;
b.- Ortega Highway/1-5 Southbound Ramps - To address the project's
direct impact, subject to Caltran's approval, the applicant shall
construct a second southbound left -turn lane .(for final configuration of
dual. deft turn lanes and dual right -turn lanes) and enter into a
reimbursement agreement with the City (applicant's fair share = 6.5%).
If Caltran's denies the application, the applicant shall phase the -project
such that no more than 40% (i.e. 94,500 sq. ft.) of the total project
building area be granted Certificate of Completion/Certificate of
Occupancy prior to completion and acceptance of the 1-5/Ortega
Highway Interchange improvement project... The Planning Director
shall have the discretion.to permit an additional 1% of the total project
building area be granted Certificate of Completion/Certificate . of
Occupancy prior to the above -identified timeframe.
If this improvement is constructed, ahead of this project performing ,the
work, the applicant shall pay to the City the project's fair share of 6.5%
of the cost of the said improvement to the City. To address the
project's cumulative impact, improvements included in the 1-5/Ortega
Highway Interchange Improvement (an additional westbound left -turn
lane and exclusive eastbound right turn lane) will need to be
constructed. The 1-5/Ortega Highway Interchange Improvement is
included in the City's Capistrano Circulation Fee Program (CCFP).
This project is required to pay CCFP fees, thereby mitigating their
cumulative impact at this location.
c. Ortega Highway/1-5 Northbound Ramps — To address the project's.
cumulative impact, improvements included- in the 1-5/Ortega Highway
Interchange. Improvement (an additional westbound thru lane and
additional northbound -lane for a total of three northbound lanes) will.,
need to be constructed. The 1-5/Ortega Highway Interchange
improvement is included in the City's Capistrano Circulation Fee
Program (CCFP). This project is required. to pay CCFP fees, thereby
mitigating their cumulative impact at this location.
d. Junipero Serra Road/Rancho Viejo Road - To address the project's
direct impact, the applicant shall initially fund and construct an
additional eastbound left -turn lane (non-CCFP project) ) and enter into
a reimbursement agreement with the City (applicant's fair share =
12.0%). If roadway improvement work is commenced and/or funding
*denotes Environmental Mitigation Measure
{ City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02. Ventanas Industrial Park page 23 of 29
76. Compliance with approved plans At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. TemporaryUse Permit for construction trailer and staging areas.(PLN)
77. Pre -construction MeetingContractor shall attend a pre -construction
meeting with the Building and Safety Department prior to commencement
of any construction on the site. (B&S)*
78. Drainage Problems. During the entire grading and' construction operation,
the applicant shall adhere to. the following conditions to address
unforeseen drainage issues: (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. (ENG)
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. (ENG)
79. 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 Engineer. (ENG, B&S)
80. 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:. (ENG)
8.1. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
denotes Environmental Mitigation Measure
Cit Council Conditions of
Y . Approval -May 6, 2008 -
AC 07-01:TPM 2007-02, Ventanas.lndustrial Park page 25 of 29
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.
Significant paleontological resources shall .be recovered by the qualified
paleontologist. (PLN)
86. 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 surfaceas approved by the City Engineer. Any request to
deviate from this requirement shall be subject to review and approval by
the City Engineer. (ENG)
87. *Potential Soil Contamination/Hazardous Materials Should contaminated
soils be encountered during the grading and site preparation phase,
additional subsurface analysis of the soils will be undertaken to properly
address such conditions and, if necessary, prescribe appropriate
remediation measures. (DTSC).
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:
88. Complete all Improvements to the City's Satisfaction Prior to issuance of
certificates of use and 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. (ENG)
89. Provide As -Built Molars/Digital Format Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer for review and obtain approval for the
reproducible "As Built" Duplicate Mylar Plans of all improvement works
completed and accepted. Said plan shall be prepared by a Registered
Civil Engineer. Additionally, the applicant shall submit digital copies of all
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007-02 Ventan. as Industrial Park Page 27 of 29
95. Solid Waste Reduction/Recycling Manaqement 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/RecyclingManagement Program for the project site. Features
of the program shallinclude, 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. (PLN/ENG)
96. 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 Planning
Department. (PLN)
97. Consistency with Approved Pians 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;
land scape/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. (PLN)
98. *Final Cultural Resource Reports Prior to final inspection by the Planning
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. (PLN)
*denotes Environmental Mitigation Measure
City Council Conditions of Approval — May 6, 2008
AC 07-01, TPM 2007--02 Ventanas Industrial Park page 29 of 29
105. *Public access. If determined necessary, the applicant will work with the
Orange County Transportation Authority (OCTA) to coordinate efforts to
enhance access to public transportation facilities. (OCTA)
The following ongoing conditions shall be complied with at all times after
completion of the project.
106. Business License. The applicant, tenants, or successors in interest shall
complywith the City's business license requirements. Application for
business license shall include but not be limited to a complete written
description of the business operations and detailed floor plans.(PLN)
107. Site Maintenance. The applicant shall maintain all portions of the site,
including. undeveloped areas, .pursuant to Municipal Code requirements
for property maintenance. (PLN)
108. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (PLN)
109. Future Parking Demand Prior to business license issuance, and 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. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
DTSC = Department of Toxic Substance Control
OCR = Orange County Resources & Dev. Mgmt. Dept.
CDT = California Dept. Transportation (CALTRANS)
OCTA = Orange County Transportation Authority
Applicant Acceptance of Conditions of Approval:.
IN
Its:
Applicant Signature
Applicant Name & Title (Print)
"denotes Environmental Mitigation Measure
Date: