PC Resolution-13-02-26-02PC RESOLUTION NO. 13-02-26-02
GRADING PLAN MODIFICATION (GPM) 10-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONDITIONALLY APPROVING GRADING PLAN
MODIFICATION (GPM) 10-008 FOR GRADING DESIGN FOR THE DEVELOPMENT
OF A SINGLE-FAMILY RESIDENCE ON AN EXISTING VACANT 0.60 ACRE LEGAL
PARCEL WITHIN COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 IN THE
"HE" (HILLSIDE ESTATE RESIDENTIAL) ZONE DISTRICT LOCATED ADJACENT
TO THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5
(ASSESSORS PARCEL NUMBER: 675-081-11) (DARMAL)
Whereas, applicant and property owner Arsalan Darmal has requested
approval of a grading plan modification application allowing grading and site design for
the development of a 6,612 square foot, single-family residence, two -stories and 25 feet
in height within Comprehensive Development Plan (CDP) 81-01 Forster Canyon, on a
vacant, 0.60 acre parcel located adjacent to the west side of Avenida California and
east of Interstate 1-5 further described as Assessor Parcel Number 675-081-11. The
subject property totals approximately 0.60 acres in area with an approximate 0.20 acre
grading area and proposes 480 cubic yards of cut, 390 cubic yards of fill, and 90 cubic
yards of export; and,
Whereas, the proposed project is consistent with the "Planned
Community" General Plan Land Use designation and the "PC" (Planned Community)
zoning district subject to Comprehensive Development Plan (CDP) 81-01 Forster
Canyon in the HE (Hillside Estate Residential) zone sector; and,
Whereas, the project has been reviewed in accordance with the California
Environmental Quality Act (CEQA) and the City's Environmental Administrator has
determined that the project is categorically exempt (Class 3) from further review
pursuant to Section 15303 (New Construction or Conversion of Small Structures). A
Notice of Exemption will be posted should the project receive final approval; and,
Whereas, the Design Review Committee conducted public meetings on
August 16 and December 6, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302,
and City Council Resolution No. 07-09-04-01 and considered all public oral and written
communications; and,
Whereas, the Transportation Commission conducted a public meeting on
October 10, 2012 pursuant to Title 9, Land Use Code, Section 9-2.302, and City Council
Resolution No. 07-09-04-01 and considered all public oral and written communications,
and,
Whereas, the Planning Commission conducted duly -noticed public
hearings on January 22, and February 26, 2013 pursuant to Title 9, Land Use Code,
PC Resolution 13-02-26-02 2 February 26, 2013
Section 9-2.302, and City Council Resolution No. 07-09-04-01 and considered all public
oral and written communications.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
1. The proposed grading plan modifications are consistent with the General Plan,
land Use Code, Design guidelines, and applicable specific plan or
comprehensive development, including but not limited to requirements for
ridgeline protection, natural landform grading, minimizing use and height of
retaining walls, and effective use of landscaping for erosion control and
aesthetics. The proposed grading includes 480 cubic yards of cut, 390 cubic
yards of fill, and 90 cubic yards of export. The residence would be cut into the
slope and buffered from properties in the vicinity and not readily visible from
adjacent roadways. The grading is consistent with the General Plan Planned
Community designation and Planned Community zoning subject to CDP 81-01
Forster Canyon as they identify 77% of the 391.6 acres being residential
designations. The Design Review Committee (DRC) determined the project is
consistent with the Design Guidelines, Chapter II, Single Family Residential.
2. The proposed grading modifications are generally consistent with the approved
site plan, preliminary grading plan, landscape plan, grading standards, and
design concepts of the original project as approved by the reviewing authority.
The Design Review Committee (DRC) has recommended approval pending
colors, materials, landscaping and lighting receive final review by the DRC to
ensure consistency with Planning Commission approval and that the project
blends with the surrounding area.
3. The proposed grading will remain consistent and compatible with immediately
adjacent lots or units, including but not limited to blending of slopes with adjacent
property boundaries, rounding of slopes at both top and bottom to blend the
grading into the existing terrain, and a design which harmonizes the design with
the natural contours of the property and surrounding lots. The proposed grading
for the single-family residence is compatible with existing development and
zoning entitlements in CDP 81-01. Perimeter landscaping would consist of
native drought tolerant species to screen, buffer and blend with the area.
4. The grading plan shows the location of proposed building footprints which meet
all required minimum setbacks for buildings as defined in the applicable zone
district, and minimum setbacks form the tops and toes of slopes as defined by
Section 9-4.313, Graded Slopes, of this title. The project proposes a residence
with minimum 10 foot front and five foot side and rear setbacks that are
appropriate for the linear irregular shaped parcel. The project will be buffered
form public right-of-ways and will be downhill and cut into the slope to not
obstruct views from existing and proposed residences.
PC Resolution 13-02-26-02 3 February 26, 2013
5. The proposed grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views,
trail easements, or other aspects of development. The proposed project will not
be adjacent to any existing or proposed developments. The adjacent lots are
lettered lots that cannot be developed with residences. Potential impacts will be
mitigated by caissons to ensure slope stability, proper drainage and water
quality, the line of sight analysis demonstrates no visual obstructions from
adjacent roadways or properties, and trails will not be negatively impacted.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Grading Plan
Modification (GPM) 10-008 subject to those conditions of approval contained in Exhibit
"A", attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing
of an appeal application. The appeal period shall expire at 5:30 p.m., Wednesday,
March 13, 2013. This project approval shall be valid for a period of two years from the
date of approval of this resolution, and shall expire on February 26, 2015 unless a time
extension request or building/grading permit application related to this discretionary
approval is submitted to the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code. Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 26th day of February, 2013
by the following vote, to wit:
AYES: Chairman Rob Williams, Commissioners Sheldon Cohen, Jeff
Parkhurst, and Tim Neely.
NOES: None
ABSTAIN: None.
bert Williams,
r
RESOLUTION # 13-02-26-02
PLANNING COMMISSION
CONDITIONS OF APPROVAL
PROJECT LOG #: Grading Plan Modification (GPM)10-008
PROJECT NAME: Darmal Residence
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
The subject project is approval of grading activities for construction of a, single-family
residence, 6,612 square feet in area, two -stories and 25 feet in height within
Comprehensive Development Plan (CDP) 81-0-1 Forster Canyon, in the "HE"
(Hillside Estate Residential) zone sector. The subject property is described as
Assessor Parcel Number 775-081-11 and is located adjacent to the west side of
Avenida California and east of Interstate 1-5. The parcel is General Plan designated
"Planned Community" and zoned "PC" Planned Community subject to CDP 81-01.
This project approval is based on and subject to the application materials approved
by the Planning Commission on January 22, 2013 including site plan, floor plan, cross
sections, elevations, landscape plan, and grading plan, These plans and the
proposed use of the project site are hereby incorporated by reference into this
approval as submitted and conditioned herein, and shall not be further altered unless
reviewed and approved by the affected City departments. Minor modifications to this
project approval may be approved by the Development Services Director pursuant to
Section 9-2.303, Administrative approvals of Title 9, Land Use Code.
2. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Planning
Commission, or City Planner. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the defense of
the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Page 2 of 9
responsibilities to comply with these conditions of approval and all pertinent
requirements set forth in the San Juan Capistrano Municipal Code, including the
requirement that a business license be obtained by all entities conducting business in
the City.
6. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and the
plans or final revised plans that are approved for any subsequent phase, the
conditions'and/or plans as stipulated in the later approval shall prevail.
7. The use shall meet the standards and shall be developed within the limits established
by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes,
fumes, or any public nuisances arising or occurring incidental to the establishment or
operation of the use.
8. The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
9. Prior to the issuance of building permits, the applicant shall resubmit final landscape
& irrigation plans and final lighting & photometric plans for review and approval by the
Design Review Committee (DRC).
10. Prior to the submittal for plan check, the applicant shall submit final residence design
and architectural plans including colors, materials, landscaping and lighting for review
and approval by the Design Review Committee (DRC).
All applicable approvals and clearance from other departments and agencies shall be on file
with the Building and Safety Department prior to issuance of any permits, final inspections, utility
releases and/or release of securities, as specified in these conditions. (B&S)
The following conditions of,approval shall be met prior to issuance of grading permits for
the project.
1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant
shall fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and
post securities to ensure satisfactory performance of proposed on-site and off-
site grading, drainage, landscape. and irrigation, erosion and sediment control,
sewer, water, street, and all appurtenant improvements. (PW -ENG)
1.2 Construction Cost Estimate. 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 -ENG)
1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Pape 3 of 9
improvement cost as prepared by a Registered Civil Engineer and approved by
the City Engineer and City Attorney for each applicable, but not limited to, street
improvements, signing, signalization, striping and street lights; storm drains,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private
slopes and open space. In addition, the applicant shall provide Labor and
Materials Bonds/Securities for 100% of the above estimated improvement costs
as determined by the City Engineer. (PW -ENG)
1.4 Grading Plans. Prior to issuance of a grading permit, the applicant shall submit
the required number of copies of grading plans, prepared by a Registered Civil
Engineer, to the Public Works Department for review and approval by applicable
departments. Conceptual grading plans shall be subject to review by the Design
Review Committee. Precise grading shall be consistent with the approved
conceptual grading plan and site plan. These plans shall show, at minimum, the
limits of grading, the drainage, any applicable retention/detention basins, sewer,
water, trails, parkways, streets and all appurtenant improvements. The extent of
the topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond with the
orange County benchmark datum. All drainage must be treated prior to being
conveyed to the street or a City approved drainage facility in. accordance with the
National Pollutant Discharge Elimination System (NPDES) requirements. In
addition, the grading plans shall show the following information: (PW-ENG/DS)
a. Location, height, materials and colors of any retaining walls. (DS)
b. The location and method of screening for all ground -mounted equipment
on the site plan, including but not limited to air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be screened
from public view. Screening shall be compatible with main structures and
include landscaping where appropriate. (DS)
C. The location and method of operation of any vehicle restricting gates on
the site plan. The gates shall be subject to the approval of the City
Engineer and the Fire Department. Where gates are used, a portion of
the guest spaces shall be accessible without passing through a security
entrance. (ENG/DS)
1.5 Drainage Improvement plans. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review and obtain approval for Drainage
Improvement Plans, specific to the project, which reflect consistency with the
City's Drainage Master Plan. These plans shall show locations of all existing and
proposed facilities. All drainage must be treated prior to being conveyed to the
street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System. If an existing down stream drainage
facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently
save to properly carry the proposed and altered discharge generated by this
project, the applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner acceptable to
the City Engineer. Any deviation from such requirements shall be subject to City
Engineer review and approval. Every proposed drainage system shall be placed
within its proper easement and appropriately dedicated. (PW -ENG)
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Page 4 of 9
1.6 Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise
grading permit, the applicant shall submit to the City Engineer for review and
obtain approval for a Storm Runoff Management Plan, prepared by a Registered
Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic
study and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
negatively affecting existing downstream drainage systems and properties. Said
study shall be consistent with the City's Master Drainage Plan in accordance with
all applicable City regulations, OCEMA design criteria, and standards. (PW -ENG)
1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to
determine the seismic safety and soils stability of all proposed grading and
development improvements for the project and preliminary pavement sections
and substructure bedding/backfill recommendations. (PW -ENG)
1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review
and shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices prepared by a Registered Civil Engineer. These plans
shall show, in accordance with the NPDES Permit, all temporary and/or
permanent erosion and sediment control measures, effective planting of graded
slopes, practical accessibility for maintenance purposes and proper precautions
to prevent public trespass onto certain areas where impounded water may create
a hazardous condition. (PW -ENG)
1.9 Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty cubic
yards in and out of the project site, the applicant shall submit to the City Engineer
for review and obtain approval for, a Haul Route Plan specific to the project and
in compliance with all applicable City standards. The Haul Route Plan shall
specify dates, times, and headways for hauling activities. Prior to
commencement of haul activities, the applicant shall obtain a Haul Route Permit
and pay required fees to the Engineering Department. (PW -ENG)
1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for
Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, as identified in the approved
Traffic Study prepared pursuant to City Council Policy 310. Any exception shall
be subject to review and approval by the City Engineer (PW -ENG)
1.11 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer
for review and obtain approval for a program complying with the requirements of
the California Integrated Waste Management Act of 1989 to reduce construction
and demolition debris through recycling. (PW -ENG)
1.12 Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show that all
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Pape 5 of 9
street sections located within 20 feet or less, from the toe of the slope of 10' in
height or more, are protected from underground water seepage by providing a
positive drainage barrier system in accordance with City Standard Drawing No.
350. Any exception shall be subject to review and approval by the City Engineer.
(PW -ENG)
1.13 Connection to City Drain must be Documented and Filed. Prior to issuance of
grading permit, any proposed connections to existing public storm drains system,
from on-site drains, must be approved by the City Engineer. All documentation
and revisions to exiting plans, where points of connections are permitted, shall be
provided and submitted by the applicant's engineer at applicant's expense, prior
to acceptance to improvements and release of performance securities. (PW -
ENG)
1.14 Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the project shall
be redesigned accordingly as approved by the City. (PW -ENG)
1.15 Permission to Grade from Others. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer, for any necessary off-site grading, a
notarized written permission from adjacent property owners affected by said off-
site grading. (PW -ENG)
1.16 Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to the
City Engineer when the pre -developed storm runoff onto any adjacent property is
increased, concentrated, diverted, or changed in any form as required by State
law. Any request to deviate from this requirement shall be subject to review and
approval by the City Engineer. (PW -ENG)
1.17 Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way, emergency
access including the spine access road, traffic/parking study, and the on-site
driveway and loading zone emergency access areas of the proposed project
shall be reviewed and approved by the Orange County Fire Authority (OCFA).
The following conditions shall. be completed prior to or in conjunction with the issuance
of building permits:
2.1 Applicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building and Safety Department for review and
approval, and shall comply with the latest City -adopted edition of the applicable
building codes. (B&S)
2.2 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Division for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Planning Commission, Design
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Pape 6 of 9
Review Committee, and/or Development Services Director (as applicable). Plans
shall address the following: (DS)
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design. All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
C. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
2.3 Final Landscape Plans. Prior to issuance of building permits, final landscape
plans shall be submitted to the Development Services Department for review as
approved by the Design Review Committee. Final landscape plans shall show
the following information and requirements: (DS)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought
resistant plants.
b. All trees on site to be removed and retained. Tree removals shall comply
with the City's Tree Permit requirements.
C. Turf areas shall be limited in area in designed to minimize overspray. Turf
areas shall be separated from non -turf areas by a mow strip or header.
d. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
e. Backflow devices and utility pedestals shall be located so as to be visually
inconspicuous, or screened with landscaping.
f. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used.
g. Location, height, materials and colors of all proposed and existing walls
and fences.
h. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices, etc.
i. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures.
j. Trees shall be located so as to provide shade throughout parking lots,
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.
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Page 7 of 9
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. All parking areas located adjacent to public or private streets shall be
screened by low -profile wall, berm, or landscaped area, at least three (3)
feet in height, designed to shield vehicles and headlight glare.
o. All portions of a parking lot devoted to landscaping shall be provided with
a permanent automatic irrigation system designed for water conservation.
2.4 Surety for Tree Preservation. The applicant shall provide surety in the form of a
bond or other method as approved by the Development Services Director and
City Attorney, to ensure that trees to be preserved and/or planted on the site are
protected during construction and remain viable and healthy for twenty-four (24)
months after issuance of a final certificate of occupancy. (DS)
The following conditions and requirements shall be met continuously during
construction, following issuance of any grading & building permits and prior to issuance
of any occupancy permits:
3.1 Compliance with approved plans. At all times during construction, the applicant
shall ensure compliance with approved construction mitigation plans, including:
(PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(DS)
3.2 Pre -construction Meeting. Contractor shall attend a pre -construction meeting with
the Building and Safety Division prior to commencement of any construction on
the site. (DS-B&S)
3.3 Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues: (PW -ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Pape 8 of 9
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
3.4 Grading to be continuous operation. All grading work shall be performed in either
one continuous operation or in phases that have been approved by the City.
(PW -ENG; PLN-B&S)
3.5 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
3.6 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal
holiday.(DS)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
. construction trailer and staging areas for equipment and materials. (DS)
The following conditions shall be met prior to acceptance of improvements and release
of bonds and/or surety, final utility clearances, or granting permission to use or occupy
the project site, as specified below:
4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release of
performance securities, whichever occurs first, the applicant shall complete, to
the satisfaction of the City Engineer, all facility improvements required and
necessary to serve the development in accordance with the approved plan and
approved exceptions. In the case of a phased project, the provisions of this
condition shall be applied to each phase (PW -ENG)
4.2 Provide As -Built 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 -ENG)
4.3 Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW -ENG)
4.4 Installation of Landscaping. Prior to approval of final inspection (of each phase)
the developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that the
Resolution #13-02-26-02 Conditions of Approval
GPM 10-008, Darmal Residence Pape 9 of 9
landscape materials and irrigation system (tested for full coverage) have been
planted and installed in compliance with the approved landscape plans.
Additionally, all bicycle racks, pedestrian walkways, seating, and other
improvements shown on the Final Landscape Plan shall be installed to the
satisfaction of the Community Development Department. (DS)
4.5 Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all improvements
cannot be installed prior to occupancy, the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements provided
that a bond, cash deposit, or other surety in a form and substance approved by
the City Attorney, is submitted to the City in lieu of installation of the
improvements, that application and required fees are submitted, and that the
incomplete improvements will not create an unsafe condition on the site. The
term of the deferral shall be as determined by the City Planner. (DS)
4.6 Final Development Services Department Inspection. Prior to application for a
final occupancy permit, the applicant shall schedule a final inspection by the
Development Services Department, and shall pay any outstanding balance in the
Developer Deposit Account assigned to this application. The Development
Services Department shall not conduct a final inspection until any outstanding
balance has been paid in full. (DS)
Responsible Departments/Agencies:
DS: Development Services Department (Planning)
B&S: Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority