PC Resolution-11-01-11-02PC RESOLUTION NO. 11-01-11-02
GRADING PLAN MODIFICATION (GPM) 10-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF
GRADING PLANS FOR PROPERTY LOCATED AT 28412 AVENIDA LA MANCHA
(ASSESSORS PARCEL NUMBER: 664-101-06) (Hajeck Residence)
Whereas, Eldon Blasco, applicant has requested approval of a grading
plan modification to allow the construction of a series of mechanically -stabilized earthen
(MSE), terraced retaining walls with a maximum height of 9'6" and would have a
maximum exposed height of 8'-0"feet along the northerly and westerly property lines
within a "dedicated development rights" area located at 28412 Avenida La Mancha
which is General Plan -designated "2.0 -Very Low Density Residential (0-1.0
du/acre)"and classified as Residential Estate (RSE) 20,000 and General Opens Space
zone districts on the Official Zoning Map; and,
Whereas, the City Council approval of Tract 11826 included "dedicated
development rights" to the City over portions of certain lots in the subdivision including
the subject property to provide for natural slope and open space preservation and any
development within the "dedicated development rights" area requires City Council
approval of a license agreement; and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and
determined that the project qualifies for a Class 4 categorical exemption, and will cause
the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA
Guidelines which provides that "the notice shall not be filed with OPR or the county clerk
until the project has been approved;" and,
Whereas, the Planning Commission conducted a duly -noticed public
hearing on January 11, 2011 pursuant to Title 9, Land Use Code, Section 9-2.302, City
Council Policy 5, and Planning Department Policy 510 to consider public testimony on
the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
The proposed retaining walls, grading and barn structure are located outside the
General Plan -mandated 200 -foot ridgeline buffer setback and are not located in
any creeks or other unique hillside features. The proposed retaining walls are
terraced and are minimized to the extent possible to accommodate the proposed
PC Resolution 11-01-11-02 2 January 11, 2011
use. The applicant has proposed a terraced, mechanically stabilized earth (MSE)
wall that has a slight slope (batter) and would be an earthen brown color to
minimize the visual impacts. Further the applicant has proposed rounded walls at
the corners of the proposed retaining walls to reduce visual impacts, except for
the top wall that due to the nature of the specific type of arena requiring a forty-
five (45) degree angle. The first wall has a maximum of a 2:1 slope transition
from the natural grade. The walls have a maximum of a 2:1 slope at the base of
the wall and the top of the previous wall. In the transition area between the
natural grade and the base of the first wall the applicant has proposed acacia
plantings for screening consistent with the surrounding hillsides in the
neighborhood. The terraced areas between the walls would be planted with
Boston Ivy and Agave landscaping to provide screening to the walls. The
applicant has proposed the planting of one California Pepper in the area between
the middle wall and upper wall in the area directly adjacent to the equestrian trail.
Because the proposed wall is located outside any ridgeline protection areas,
incorporates a slightly sloped wall with a color consistent with the existing hillside
and proposes landscaping to minimizes the visual impacts, staff recommends
that the Commission find that the proposed project is consistent with the General
Plan, Municipal Code and Design Guidelines; and,
2. The applicant has proposed a series of three retaining walls for the construction
of a dressage arena and accessory barn structures. Prior City Council action has
established an informal policy allowing the development of open space -related
uses within the "dedicated development rights" area subject to cc+ approval of a
license agreement. Because the proposed equestrian arena and barn are
incidental structures consistent with the approving tract map resolution, staff
recommends the Planning Commission find that the proposed project, with staff -
recommended conditions, is consistent with the original subdivision design and
grading concepts; and,
3. The applicant has proposed a series of two and three terraced retaining walls,
setback from the front property line, approximately 53'-0" and twenty feet from
the side property line. Approximately 35'-0" of the proposed retaining wall is
located directly adjacent to a public trail. This segment of retaining wall has a
maximum exposed height of 7'-6" would return and terminate into the hillside,
thereby reducing potential visual impacts from the adjoining multi -use trail to the
south. Due to the extent of the wall setback, the use of terraced retaining walls,
and the grade transitions that would blend the landform into the adjacent
properties, staff recommends that the Planning Commission find that the
proposed project is consistent with this finding; and,
4. The proposed grading plan indicates a proposed residential structure on the
previously -graded, designated residential pad area of the lot. The proposed
residence is located in the area designated for construction and meets all set
back requirements for the applicable district. The proposed detached accessory
PC Resolution 11-01-11-02 3 January 11, 2011
structure is located in the "dedicated development rights" area which has
provisions for the construction of detached accessory structures. The proposed
principal and accessory structures meet all setback requirements for the
applicable zoning districts including slope setbacks. Staff recommends that the
Planning Commission find that the proposed structures meet all setback
requirements consistent with this finding; and,
5. The proposed project design includes an appropriate storm water drainage plan
that has been reviewed by City Engineering staff and determined to adequately
address the onsite drainage. This is accomplished through the use of surface
drainage (v -ditches) which connect to underground storm drains. Further, the
applicant has proposed a natural swale at the toe of the slope and an inceptor
drain which is connected to the storm drain via drainage inlet. The applicant has
employed the use of terraced walls to minimize the visual impacts of the walls
and further reduces the potential visual impacts with appropriate landscaping. A
segment of the proposed retaining wall adjoins an existing multi -use trail.
However, the proposed retaining wall does not impact the existing trail in any
way. Staff recommends that the Planning Commission find that the proposed
project design is consistent with the intent of this finding.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council
approval of the project subject to those conditions of approval contained in Exhibit A,
attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 11th day of January, 2011 by
the following vote, to wit:
AYES: Chairman Cohen, Vice Chairwoman Ratcliffe, Commissioners Kerr,
Mocalis, Neely and Tatartian.
NOES: Commissioner Williams
ABSTAIN:
Shel on ohen, Chairman
Principal Planner, Secretary
RESOLUTION # 11-01-11-02
PLANNING COMMISSION RECOMMENDED
CONDITIONS OF APPROVAL
PROJECT LOG #: GPM 10-004
PROJECT NAME: Hajeck 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 for construction of a series of terraced retaining walls along the
northerly and westerly property lines located at 28412 Avenida La Mancha which is
General Plan -designated "2.0 -Very Low Density Residential (0-1.0. du/acre)"and
classified as Residential Estate (RSE) 20,000 and General Opens Space zone
districts on the Official Zoning Map. This project approval is based on and subject to
the application materials prepared by Toal Engineers Engineers dated and revised to
September 15, 2010 including site plan(s), preliminary landscape plan(s), and
preliminary grading plan(s), 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
Community Development 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, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Page 2 of 10
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. 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.
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 final building inspection the applicant shall resubmit a revised landscape
plan 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
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)
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 3 of 10
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 Engineering and Building 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/CD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (CD)
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. (CD)
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. (CD)
d. Location, height, materials and colors of any retaining walls. (CD)
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. (CD)
F. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (ENG/PLN)
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
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 4 of 10
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)
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)
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 5 of 10
1.12 Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise
grading permit, for any property wholly or partially located within the Special
Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM),
building pad elevations may be required to be constructed above a specific
elevation, which shall be confirmed with the Federal Emergency Management
Agency (FEMA) during Grading Plan Design. (PW -ENG)
1.13 Flood Control Channel Work. Prior to issuance of grading and right-of-way
improvement permits, for any portion of the project containing an earthen flood
control channel, the applicant shall submit to the City Engineer, a clearance from
the appropriate State, Federal, and local agency having jurisdiction over any
changes to the channel. (PW -ENG)
1.14 Buildinq Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall provide to the Engineering and
Building Director a letter of verification from the Flood Insurance Administration
(FIA) confirming that the proposed building pad elevations are designed above
the minimum specific elevation required by FIA. (PW -ENG)
1.15 FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to
issuance of grading and right-of-way improvement permits, for any property
wholly or partially located within the 100 -year Flood Hazard Area on the Flood
Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for
review and obtain approval for all documentation required by the Federal
Emergency Management Agency (FEMA) or revision to the FIRM and pay all
preliminary and subsequent fees as required by FEMA. (PW -ENG)
1.16 Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show that all
street sections located within 20 feet or less, from the toe of the slope of 10' in
height or more, are protected from underground water seepage by providing a
positive drainage barrier system in accordance with City Standard Drawing No.
350. Any exception shall be subject to review and approval by the City Engineer.
1.17 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)
1.18 Existinq 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)
1.19 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
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 6 of 10
notarized written permission from adjacent property owners affected by said off-
site grading. (PW -ENG)
1.20 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)
1.21 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 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 Community Development
Commission, Design Review Committee, and/or Community Development
Director (as applicable). Plans shall address the following: (CD)
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.
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Page 7 of 10
2.3 Final Landscape Plans. Prior to issuance of building permits, final landscape
plans shall be submitted for all entry statements, common areas, landscaped
slopes, and other HOA -maintained areas to the Community Development
Department for review and approval by the Design Review Committee. Final
landscape plans shall show the following information and requirements: (CD)
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 Cion -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.
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 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
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Page 8 of 10
issuance of a final certificate of occupancy. (CD)
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.(CD)
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. (PLN-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
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
3.4 Gradinq 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.(CD)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (CD)
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
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 9 of 10
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 Molars/Digital Format. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Duplicate Mylar
Plans of all improvement works completed and accepted. Said plan shall be
prepared by a Registered Civil Engineer. Additionally, the applicant shall submit
digital copies of all "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 Countv. 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
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. (CD)
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. (CD)
4.6 Final Community Development Inspection. Prior to application for a final
occupancy permit, the applicant shall schedule a final inspection by the
Community Development Department, and shall pay any outstanding balance in
the Developer Deposit Account assigned to this application. Community
Resolution #11-01-11-02 Conditions of Approval
GPM 10-004 Haieck Residence Pape 10 of 10
Development Department shall not conduct a final inspection until any
outstanding balance has been paid in full. (CD)'
Responsible Departments/Agencies:
CD: Community Development Department
CD-B&S: Community Development -Building & Safety
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority