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ZA Resolution-11-02-16-01ARESOLUTION NO. 11-2-16-01 ARCHITECTURAL CONTROL (AC) 06-17, GRADING PLAN MODIFICATION (GPM) 07-09, TENTATIVE PARCEL MAP (TPM) 2007-226 AND TREE REMOVAL PERMIT (TRP) 07-04, CENTRA POINTE A RESOLUTION OF THE ZONING ADMINSTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A TIME EXTENSION FORA 35,874 SQUARE FOOT MULTI - TENANT COMMERCIAL OFFICE PROJECT LOCATED AT THE NORTHWEST CORNER OF RANCHO VIEJO ROAD AND GOLF CLUB DRIVE (ASSESSOR PARCEL NUMBERS: 650-592-01 & 02) (CENTRA POINTE) WHEREAS, Centra Realty, has requested approval of a time extension fora 35,874 square foot multi -tenant office project located on the northwest corner of Rancho Viejo Road and Golf Club Drive (APN's: 650-592-01 & 02) which is General Plan - designated 5.0 — Public & Institutional (P&I)and classified as Planned Community (PC) and is regulated under Comprehensive Development Plan (CDP) 86-04, Marbella Golf & Country Club on the Official Zoning Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, WHEREAS, the applicant has not proposed any changes to the project as approved by the San Juan Capistrano City Council on March 4, 2008 WHEREAS, The City's Environmental Administrator has determined that the Environmental Impact Report that was certified by the Planning Commission on February 26, 2008 and confirmed by the City Council on March 4, 2008, meets all requirements of the California Environmental Quality Act (CEQA), and has determined that no further environmental review is necessary, because the project is consistent with the planned use of the site in the prior Environmental Impact Report, subject to the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit A; and, WHEREAS, the City Council conducted a duly noticed public hearing on March 8, 2008 pursuant to Section 9-2.339 of the Municipal Code to consider public testimony on the proposed project; 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 does hereby make the following findings: The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan; and, PC Resolution 11-2-16-01 2 February 16 2011 2. The proposed project complies with all applicable provisions of the Land Use Code subject to the mitigation measures and conditions of approval contained in this resolution; and, 3. The project is consistent with the City's adopted Architectural Design Guidelines; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano hereby grants approval of a one (1) year time extension subject to the subject to the Mitigation Monitoring and Reporting Program (MMRP) attached hereto and incorporated herein as Exhibit A, and the conditions of approval attached hereto and incorporated herein as Exhibit B and shall expire on April 17 h, 2012 unless an additional time extension is filed or the applicant has obtained building permits and commenced construction. EFFECTIVE DATE & FINAL APPROVAL: The decision of the Zoning Administrator shall become final upon adoption of this resolution. PASSED, APPROVED AND ADOPTED this 16th day of February, 2011. Willliam A. Ramsey, AICP Zoning Administrator Exhibit B Project #: Architectural Control (AC) 06-17, Time Extension Project Name: Centra Pointe 0 0 These conditions of approval apply to Architectural Control # AC 06-17 to construct a 35,874 square foot office complex on 3.45 acres zoned PC (Marbella Golf & Country Club/CDP 86-04 located at the northwest corner of Rancho Viejo Road and Golf Club Drive. Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Planning Department along with the required application and fee, for review. 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. AC 06-17 is granted to construct and/or operate an office complex consisting of 35,874 square feet located within three buildings 3.45 acres located at the northwest corner of Rancho Viejo Road and Golf Club Drive (APNs 650-592- 01 & 02). This approval is granted based on the application materials submitted by Centra Realty on November 6, 2006, prepared by Ware Malcomb on August 15, 2007, including site plan, elevations, floor plans, preliminary grading plan and conceptual utility plan; and preliminary landscaping plan prepared by Ridge Landscape Architects on May 25, 2007. These plans and the proposed use of the site are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Planning Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning Director upon submittal of an application and the required fee. If not appealed, this approval shall become final on the first business day following the fifteenth (15th) day after the date of the Planning Commission's approval and shall expire twenty-four (24) months after the effective date of the approval unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met, or a time extension has been granted by the City. Any application for an extension of time shall be submitted to the Planning Department, along with the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the Planning Director. The effective date of this action shall be concurrent with the approval and effective ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 2 of 22 date of the City Council approval of Rezone 06-06 (30 days after second reading of Ordinance approving the Rezone). 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, signed, and stamped (when required) only by those individuals legally authorized to do so. 4. 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. 5. Approval of this project shall become effective on the date that the Ordinance adopting Rezone (RZ) 06-06 becomes effective. Denial of RZ 06-06 by the City Council shall cause AC 06-17 and all associated permits to become null and void. 6. This approval is contingent upon the concurrent approval of Grading Plan Modification (GPM) 07-09, Tree Removal Permit (TPM) 07-04, Rezone (RZ) 06-06 and Tentative Parcel Map (TPM) 2007-226, and shall become null and void upon the expiration of said concurrent approval. 7. Sign approval for the project is a separate process requiring the issuance of a sign permit and building permits, and is subject to review and approval by the Planning Department and Building and Safety Department. The signage and/or sign program shall be consistent with the revised sign regulations currently being processed by the City, and shall be processed in accordance with the provisions of those revised sign regulations. If the revised sign standards have not been adopted by the City Council by the time the applicant proposes a sign program or any signage for the site, the proposed sign program and/or signage shall be reviewed and approved by the Planning Commission, and the Planning Commission may, at their option, refer the matter to the City Council for final review and approval. 8. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 9. The use shall meet the standards and shall be developed within the limits established by the Municipal Code as related to emissions of noise, odor, * denotes Environmental Mitigation Measure zA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 3 of 22 dust, vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the establishment or operation. 10. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant. 11. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental documents. 12. 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. 13. 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) 14. Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review, and obtain approval for, an estimate of quantity and construction costs prepared by a Registered Civil Engineer. Said estimate shall include costs for construction of all applicable street improvements, signing and striping, street lights, storm drains, water, sewers, recreational trails, landscape, irrigation systems, setting of survey monuments and centerline ties. (PW) 15. 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) 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 * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 4 of 22 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/PLN) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (PLN) 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. (PLN) 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. (PLN) d. Location, height, materials and colors of any retaining walls. (PLN) 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. (PLN) f. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (PW/PLN) 17. 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 * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 5 of 22 prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing downstream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, in a manner acceptable to the City Engineer. Any deviation from such requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (PW) 18. *Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (PW) 19. 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) 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. (PW) 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 * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 6 of 22 commencement of haul activities, the applicant shall obtain a Haul Route Permit and pay required fees to the Engineering Department. (PW) 22. 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) 23. 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) 24. Drainage Barrier between Slopes and Streets. Prior to issuance of a 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. 25. 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) 26. *NPDES — Water Quality Requirements and Compliance. 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, a Water Quality Management Plan (WQMP) specifically identifying structural and non- structural Best Management Practices (BMP's) that will be used on-site to control predictable pollutant runoff. The applicant shall obtain and follow the City of San Juan Capistrano's WQMP outline and instructions. The applicant shall also comply with all the requirements of the latest NPDES Permit, the City's Water Quality Ordinance & Local Implementation Plan and the Clean Water Act. (PW) 27. NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance of grading and right-of-way improvement permits, for grading in excess of one (1) acre, the applicant shall submit a Notice of Intent (NOI) To the California * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 7 of 22 State Water Resource Control Board for coverage under the State National Pollutant Discharge Elimination System Program (NPDES) General Permit for storm water discharges associated with development/construction activity in excess of one (a) acre of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (PW) 28. Existing Easements/ Public Utilities. Prior to issuance of a grading permit, applicant shall incorporate into the project design all existing easements and public utilities (specifically the SHPS and its piping and appurtenances) within the project boundaries, or obtain abandonment of said easements, and or relocation or abandonment of the utilities from the affected easement holder(s) or facility owner(s). If this requirement cannot be accomplished, the project shall be redesigned accordingly as approved by the City. (PW/UTIL) 29. 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) 30. 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) 31. Off-site Easements. Prior to issuance of a grading permit, the applicant shall obtain and record off-site easements from the affected property owner(s) for all proposed off-site improvements (i.e. slopes, street improvements, walls, drainage, etc.). The applicant shall bear all costs for obtaining said easements. If said easements cannot be obtained, the project shall be redesigned to incorporate these improvements entirely within the project boundary as approved by the City. The City Engineer shall have the right to withhold approval of the affected improvement plans for failure to satisfy this condition. (PW) 32. Archaeological Monitoring. Prior to issuance of a grading permit, the applicant shall submit to the Planning Department documentation that a qualified archaeologist has been retained to monitor site clearing, grading, and excavation activities, stating the name, qualifications, and contact information for the archaeologist. (PLN) 33. Revised Plans. Prior to issuance of a grading permit the applicant shall submit a revised site plan to the Planning Department for approval which incorporates changes approved by the Planning Commission and reflects consistency with these conditions of approval and with the City's Design Guidelines. The revised plans shall show that a minimum 20 -foot setback * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 8 of 22 along the Rancho Viejo Road right-of-way shall be maintained for Building No. 3. In addition, the site plan shall be revised to provide pedestrian walkway/pathway access between the upper and lower pad levels. Six copies of the revised site plan are required, except as otherwise authorized by the Planning Director. (PLN) 34. 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). 35. Fire Flow Demands. Prior to the issuance of grading and right-of-way improvements permits, the applicant shall obtain from the Orange County Fire Authority (OCFA) the required fire flow demands and the fire protection requirements to serve the subject project and shall provide evidence of satisfactory fire flow. (UTIL) 36. County Surveyor Requirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with the .County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the new surface following construction, and again file a Corner Record with the County Surveyors Office showing the final monumentation. (PW) The following conditions shall be met prior to or in conjunction with the issuance of building permits: 37. 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) 38. Buildinq Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee and/or Planning Director (as applicable). Plans shall address the following: (PLN) 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, * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 9 of 22 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. 39. 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 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: (PW) a. Street lights shall be provided per City standards (Mission bell fixtures on marbelite poles). *b. The northerly project driveway on Rancho Viejo Road and Rancho Viejo Road raised center median island shall be designed to prohibit left turns by vehicles exiting the driveway onto Rancho Viejo Road to the approval of City Engineer. 40. Caltrans Permits. Prior to issuance of building permits, any proposed improvement or work within the State right-of-way shall conform to Caltrans standards and specifications and shall require an encroachment permit from Caltrans. (PW) 41. 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. (PW) 42. 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 * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 10 of 22 document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer, prior to recordation. (PW) 43. Underpass Access. Prior to issuance of final certificate of occupancy, the applicant shall file with the City, to the approval of the City Manager and City Engineer, an Agreement that shall stipulate that the adjacent freeway underpass will remain open for pedestrian, equestrian and bicyclist use, for emergency access, and for City -approved activities including Swallows Day. (PW) 44. Recreational Trail Improvements. The bicycle trail along Golf Club Drive shall be reinstalled and improved to the requirements of Section 9-4.305 of the Municipal Code and the City Trail Design Manual and shall be shown on grading and landscape plans and, where adjacent to and/or within roadway dedications, on street improvement plans. In order to ensure adequate site distance and reduce hazards to cyclists, the final site plan shall be reviewed by City Traffic Engineer with respect to sight distance at the driveway and Golf Club Drive, and if determined, the three parking stalls immediately to the west of the driveway access at Golf Club Drive will be modified or otherwise reconfigured. Final design shall meet the satisfaction of the City Engineer. Landscaping between the bike path and the parking lot shall be limited in height and density so as to ensure maximum visibility between the bike path and vehicles entering and exiting the site. Exiting traffic shall be controlled by a stop sign before entering the driveway's intersection with the bike path In addition, signage shall be installed to the approval of City Engineer and the Planning Director warning traffic exiting the project site to look for and yield to bicycle and pedestrian traffic using the trail. (PW/PLN) 45. *Bus Stop. Prior to the issuance of the first building permit, the developer shall provide funding to upgrade the bus stop at the intersection of Rancho Viejo Road and Golf Club Drive to the design specifications established by Orange County Transportation Authority. (PW) 46. Sewer and Water Plans. Prior to the issuance of right-of-way improvements permits, the applicant shall submit to the City Engineer and the Public Works Director for review, and shall obtain approval for, sewer and water plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City's Sewer and Water Master Plans, City municipal codes, standards, specifications, and City water standard specifications. The sewer plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant's cost to the satisfaction of the City Engineer (PW/UTIL). 47. Wastewater Feasibility Study. Prior to issuance of building and right-of-way permits, the applicant shall submit to.the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 11 of 22 its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City's Master Pian of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (PW) 48. On -Site Utility Plans. Prior to issuance of building permits and approval of on- site utility plans, the applicant shall obtain approval of said plans by the City Engineer, and shall obtain approval for a Site Plan prepared by a Registered Civil Engineer showing the sewer and water service lines and their corresponding points of connection with the City public main lines. The site plan shall include the trash enclosure(s) that shall be covered with solid roof; its floor surface shall be connected to the sewer system through an inlet in the center with a traffic rated grate, and a concrete apron shall be constructed in front of the trash enclosure. The site plan shall be specific to the project which reflects consistency with the City's Sewer and Water standards. (PW) 49. Dry Utilities. Prior to issuance of building permits and approval of dry utility plans, the applicant shall submit to the City Engineer, for review and obtain approval for, Electrical Gas, Telephone and Cable Television Installation Plans which include the size and location of all above ground pedestal, to ensure compatibility with existing and proposed improvements. Pedestals shall be located in areas with limited visibility to the general public, and screened with landscaping to the extent feasible. The applicant shall coordinate with utility providers to ensure that required public improvements are not in conflict with existing or proposed utilities, and that utility devices may be screened on the site to the extent practicable. Any exception shall be subject to review and approval by the City Engineer. 50. Subdivision/Water Improvement Agreement or Encroachment Permit. 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. (UTIL) 51. 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. Final Landscape Plans shall show the following information and requirements: (PLN) 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. * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 12 of 22 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. 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, 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 (2-1/2) foot area free from vegetation where the front of a vehicle may overhang the planter. n. Parking areas located adjacent to Rancho Viejo Road 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. * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 13 of 22 52. 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 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. (PLN) 53. 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) 54. 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) 55. Fire Alarm System. Prior to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for New and Existing Fire Alarm Systems." This system shall be operational prior to the issuance of a certificate of use and occupancy. (OCFA) 56. Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit, the applicant shall submit plans for the required automatic fire sprinkler system in all structures to the Fire Chief for review and approval. Prior to the issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-6100 to request a copy. of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (OCFA) 57. Fire Access Roads. Prior to the issuance of a building permits, the applicant shall submit a Fire Master Plan and obtain approval of the Orange County Fire Authority for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The plans shall indicate the locations of red curbs and signage and include a detail of the proposed signage including the height, stroke and colors of the lettering and the contrasting background. The plans shall also indicate the location(s) of all fire hydrants proposed for the project. Please contact the OCFA at (714) 573- 6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (OCFA) 58. Hazardous Materials. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 14 of 22 combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. -Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." (OCFA) 59. *Traffic Mitigations/Street Improvements. The following fees shall be paid prior to the issuance of the first building permit: (PW) a. Ortega Highway/Rancho Viejo Road. To address the project's cumulative impact, the applicant shall pay fair -share fees (non-CCFP project/fair share = 16.3%) to provide an additional northbound through lane (for a final configuration of two left turn lanes, one through lane, and a shared through/right) and an additional southbound through lane (for a final. configuration of two left turn lanes, one through lane, and a shared through/right). These fair -share fees shall be deposited into the existing road fund account that the City has established for construction of these improvements; b. Ortega Highway/1-5 Southbound Ramps. To address the project's direct impact, the applicant shall pay fair -share fees for construction of a second southbound left turn lane (for final configuration of dual left turn lanes and dual right -turn lanes; non-CCFP project/fair share = 8.8%). These fair - share fees shall be deposited into the existing road fund account that the City has established for this improvement. If, based on a future projects more significant and substantial traffic contribution to this intersection, the interim improvement identified must be constructed prior to the reconstruction of the 1-5/Ortega Highway Interchange, the applicant's deposited fair share fee will be reimbursed to the appropriate party(ies) as partial compensation for the cost of the improvement. If the improvement identified above is not constructed prior to the reconstruction of the I- 5/Ortega Highway Interchange, the fees shall be paid into the City's Capistrano Circulation Fee Program (CCFP), which includes the planned reconstruction of the 1-5/Ortega Highway Interchange. To address the project's cumulative impact, the applicant shall pay additional CCFP fees, (1-5/Ortega Highway Interchange Improvement); c. Ortega Highway/1-5 Northbound Ramps. To address the project's cumulative impact, the applicant shall pay CCFP fees (1-5/Ortega Highway Interchange Improvement). These fees shall be deposited into the Capistrano Circulation Fee Program (CCFP) fund, which includes the planned reconstruction of the 1-5/Ortega Highway Interchange. d. Junipero Serra Road/1-5 Northbound Ramps. To address the project's cumulative impact, the applicant shall pay fair -share fees to construct an exclusive westbound right turn lane (for a final configuration of one * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 15 of 22 through lane, a shared through/right turn lane and one right -turn lane; non- CCFP project/fair share = 10.5%). These fair -share fees shall be deposited into the existing road fund account that has been established for these improvements. The specific intersection improvements shall be included as part of the City's construction improvement plans for the Junipero Serra Road/Rancho Viejo Road intersection which has been designated funding in the 7 -Year Capital Improvement Program (CIP). e. 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/fair-share = 13.4%) and enter into a reimbursement agreement with the City. However, if roadway improvement work is commenced and/or funding committed by the City prior to issuance of the first building permit, applicant shall pay non-CCFP project/fair share of 13.4% for this improvement. To address the project's cumulative impact, payment of fair -share fees (13.4%) to construct an exclusive eastbound right (for a final configuration of dual eastbound left - turn lanes and a shared through/right lane) and an additional northbound left turn lane (for a final configuration of dual northbound left -turn lanes and a shared through/right lane. These fair -share fees shall be deposited into the existing road fund account that has been established for these improvements. This intersection improvement will be included in the City's preparation of construction design plans for the subject intersection which is part of the Capistrano Circulation Fee Program (CCFP) and has been designated funding in the 7 -Year Capital Improvement Program (CIP). f. Junipero Serra Road between 1-5 Northbound Ramps and Rancho Viejo Road. To address the project's cumulative impact, the applicant shall pay fair share fees to provide improvements to four -lane secondary standards (non-CCFP project/fair share = 8.95%). These fair -share fees shall be deposited into the existing road fund account that has been established for this improvement. This intersection improvements will be included in the City's preparation of construction design plans for the subject intersection which is part of the Capistrano Circulation Fee Program (CCFP) and has been designated funding in the 7 -Year Capital Improvement Program (CIP). The following conditions and requirements shall be met during construction, from the beginning of the first ground -disturbing activity until the use has been released for occupancy. 60. Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW) a. Erosion Control Plan * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 16 of 22 b. Haul Route Plan c. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(PLN) 61. Pre -construction Meeting. Contractor shall attend a pre -construction meeting with the Building and Safety Department prior to commencement of any construction on the site. (B&S)* 62. Drainaqe Problems. During the entire grading a construction operation, the applicant shall adhere to the following conditions to address unforeseen drainage issues: (PW) a. If any drainage problem is identified or does occur during construction, the applicant shall provide and implement a solution acceptable to the City Engineer at no cost to the City, and submit a recorded instrument to insure the future of the solution. (PW) b. Any grading work beyond the limits of grading shown on the approved grading plans shall require a written approval from the City Engineering and Building Director and shall be subject to supplemental Geotechnical Soils Report and additional fees. (PW) 63. 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, B&S) 64. 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) 65. 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. on Saturday. Construction activity shall not be permitted on Sundays or any Federal holiday.(PLN) 66. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (PLN) 67. *Archeological 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 * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 17 of 22 monitoring requirements. A qualified monitor (defined as an individual with a bachelor's 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. (PLN) 68. *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. (PLN) 69. *Paleontological Monitoring. A qualified monitor (defined as an individual with a bachelor's 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. Significant paleontological resources shall be recovered by the qualified paleontologist. (PLN) 70. 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) * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 18 of 22 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: 71. 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. (PW) 72. Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible "As Built" Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all "As Built" plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (PW) 73. 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) 74. Record Drawings. Prior to the acceptance of water, sewer, storm drain, and street improvements and release of performance securities, the applicant shall submit to the Public Works Director for review and obtain approval for reproducible "Record Drawing" mylar plans that call out any deviations from the signed plans of all the domestic water system, non-domestic (recycled) water system, and the landscape irrigation system, sewer, These "Record Drawings" are also required in digital format, at no cost to the City, in accordance with the latest edition of the "City of San Juan Capistrano Digital Submission Standards." (UTIQ 75. Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer, for review and obtain approval for, a video tape, filmed in the presence of a City Staff representative/inspector, of all sewer and drainage improvements. The video shall become the property of the City. Any exception shall be subject to review and approval by the City Engineer. (PW) 76. Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior to acceptance of improvements and release of performance securities, the * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17 Centra Pointe page 19 of 22 applicant shall remove any existing drives and/or curb depressions that are determined to be unnecessary by the City Engineer and shall replace them with full height curb and sidewalks. (PW) 77. Curb and Gutter Repair. Prior to acceptance of improvements and release of performance securities, any existing sections of curb and gutter damaged during construction may require to be repaired or replaced by the applicant, depending on the condition of these improvements prior to and after construction. (PW) 78. *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. (PLN/PW) 79. 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 and pertinent easements, including easements for existing facilities. (UTIL) 80. *Water System Improvements. 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 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. (UTIL) 81. *Water Service Connection. Prior to issuance of certificate of occupancy or prior to acceptance of improvements and release of performance securities, whichever occurs first, 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 located in Rancho Viejo Road. These connections shall be subject to the submission, review, and approval of civil improvement plans and the irrigation/landscape plans. The irrigation facilities shall be designed in accordance with the City of San Juan Capistrano's Water Standards and Specifications, Rules and Regulations for Users of Non - Domestic Water, and the Municipal Code § 9-3.617 (Water Conservation * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 20 of 22 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. (UTIL) 82. 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) 83. 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. (PLN) 84. 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) 85. Historic Depiction Program/Monumentation Plan. Prior to issuance of a Certificate of Occupancy, the Historic Depiction Program (HDP) shall be installed and inspected for compliance with the approved design and the conditions established by the Cultural Heritage Commission shall be complied with. (PLN) 86. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Department, the applicant shall schedule a final inspection by the Planning Department, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) 87. Fire Extinguishers. Prior to final inspection by the orange County Fire Authority (OCFA), fire extinguishers shall be required in accordance with the Uniform Fire Code. The applicant shall contact the Fire Department for the requirements pertaining to the number, type, and placement of fire * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 21 of 22 extinguishers. All fire extinguishers shall have current California Fire Marshal service tags. (OCFA) 88. Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking — Fire Lane" as approved by the Fire Department. (OCFA) 89. 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. The overhead SDG&E line that crosses the 1-5 Freeway will be undergrounded to the extent possible. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (PW). 90. Property Owners Association. Provide written documentation to the Planning Department that a Property Owners Association has been formed for purposes of maintenance of common areas, including landscaping and parking areas. (PLN) 91. Reciprocal Parking and Access Agreement. Provide written documentation showing that a reciprocal parking and access agreement has been formed to allow joint use of common parking areas and drive aisles. The following ongoing conditions shall be complied with at all times after completion of the project. 92. Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (PLN) 93. Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (PLN) 94. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by the Municipal Code. (PLN) 95. 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. (PLN) 96. Pedestrian Pathway Maintenance. The applicant or successors in interest, shall maintain all portions of the pathway along the street frontage, including both portions within the public right-of-way and portions located on the private property. * denotes Environmental Mitigation Measure ZA Resolution 11-2-16-01 February 16, 2011 AC 06-17, Centra Pointe page 22 of 22 Responsible Agencies: PLN = Planning Division B&S = Building and Safety PW = Public Works Department PLN = Planning Department UTIL = Utility Department OCFA = Orange County Fire Authority * denotes Environmental Mitigation Measure