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PC Resolution-10-04-13-04RESOLUTION NO. 10-04-13-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, AND ARCHITECTURAL CONTROL (AC) 09-32, FOR ST. MARGARET'S EPISCOPAL SCHOOL PERFORMING ARTS EDUCATION CENTER & MIDDLE SCHOOL (PHASE 2) Whereas, St. Margaret's Episcopal School has requested approval of preliminary site and architectural plans for the development of a 41,777 GSF performing arts center and an adjoining 24,116 GSF middle school building located at 31641 La Novia. The property is General Plan -designated "5.0 -Public & Institutional" and is classified "PC" (Planned Community) on the Official Zoning Map (APN: 666272-04) Whereas, on March 2, 2010, the City Council approved resolution 10-3-2-3 conditionally approving St. Margaret's Episcopal School Master Plan. including Phase 2 improvements; 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 prepared an Initial Study pursuant to Section 15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines; issued a Mitigated Negative Declaration pursuant to Section 15070 of those guidelines; caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines; and has otherwise complied with all applicable provisions of the California Environmental Quality Act (1970), and all mitigation measures have been included herein; and, Whereas, the Design Review Committee conducted a public meeting on February 4, 2010 to consider the proposed project and forwarded the project to the Planning Commission with a favorable recommendation; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on April 13, 2010 pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the environmental determination pursuant to Section 15074 of the California Environmental Quality Act, 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 with respect to the Mitigated Negative Declaration (MND) for the proposed project: The Draft Mitigated Negative Declaration (MND) has been prepared pursuant to and in compliance with Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, and, 2. The Draft Mitigated Negative Declaration (MND) has identified all Potentially Significant Impacts pursuant to and in compliance with Section 15064.7, Thresholds of Significance of the California Environmental Quality Act (CEQA) Guidelines; and, AC 09-32, St. Margaret's Episcopal School PC Resolution 10-4-13-4 Performing Arts Education Center & Middle School (Phase 2) 3, The City has prepared and circulated a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) pursuant to and in compliance with Section 15072 of the California Environmental Quality Act (CEQA) Guidelines and has met the public notice requirements; and, 4, The City provided a twenty (20) day public review public review period that began on Wednesday, March 24, 2010 and closed on Tuesday, April 13, 2010 pursuant to and in compliance with Section 15073 of the California Environmental Quality Act (CEQA) Guidelines; and, 5. The City has identified and disclosed all potentially significant impacts and set forth appropriate mitigation measures to reduce impacts to a level of insignificance pursuant to and in compliance with Section 15064 of the California Environmental Quality Act (CEQA) Guidelines, and all mitigation measures have been included in a Mitigation Monitoring Reporting Program prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby make the following findings with respect to the proposed project: The proposed use and design of the project will comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and Comprehensive Development Plan 78-01, Ortega Business Center because the proposed project has been reviewed by City staff who have determined the project meets those standards and the City will further verify compliance prior to issuance of any building or grading permits. 2. The proposed use and design of the project is consistent with the goals, policies and objectives of the General Plan, including the Community Design Element because through the provision of adequate building setbacks (the nearest structure would be situated 76-0" from Ortega), appropriate height limits (maximum 35'-0" building heights for structures backing up against Ortega), and landscaping, the view impacts to the State Route -74 (Ortega Highway) will be less than significant; and, 3. The project site has been previously determined to be adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application as part of the Master Plan, and the proposed project plans are substantially consistent with the Phase 2 Master Plan for the campus; and, 4. The character, scale and quality of the architecture, site design and landscaping are consistent with the adopted Architectural Design Guidelines of the City because the proposed project has been reviewed by the Design Review Committee (DRC) to assure that the character, scale, and quality of the architecture have been designed to be compatible with the existing school campus, and the proposed middle school/performing arts center complex have been designed in the Spanish -colonial architectural style consistent with. the existing campus and embodied through the provision of design elements including colonnades, pedestrian ways, planters, low walls, and landscaping provide human scale elements along the south elevation of the complex. Furthermore, the proposed building complex is substantially setback from Ortega Highway and K AC 09-32, St. Margaret's Episcopal School PC Resolution 10-4-13-4 Performing Arts Education Center & Middle School (,Phase 2) variation in building mass and form adds to the visual interest of the proposed design and the roof plan includes parapets to screen roof -mounted heating, ventilation, & air conditioning (HVAC) equipment; and, 5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and circulation because the proposed vehicle circulation and parking have been designed to allow pedestrian movement throughout the campus without crossing drive aisles, and the proposed Ortega Highway access through the Ortega Village Center will provide substantial additional, multi -lane, pick-up/drop-off area so as to accommodate all school pick-ups/drop-offs on the campus; and, 6. The proposed use and design of the project is compatible with surrounding existing and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics because the proposed Performing Arts Education Center & Middle School have been designed to be consistent with the existing Spanish -colonial architectural style of the school campus. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission hereby approves a Mitigated Negative Declaration and adopts the Mitigation Monitoring Reporting Program (MMRP) as provided by Exhibit A, attached hereto and incorporated herein; and, NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission hereby approves an Architectural Control (AC) for the proposed project subject to the conditions of approval as provided by Exhibit B, attached hereto and incorporated herein. PASSED, APPROVED, AND ADOPTED this 13t" day of April, 2010. AYES: Chair Sheldon Cohen, Vice -chair Gene Ratcliffe, Commissioners Bruce Tatarian, Robert Williams Jim Mocalis. NOES: none ABSTAIN: none Sheldon Cohen, Chairman ,.'� g Grant Taylor, Assistant Community Development Director 3 EXHIBIT F, s • t Mitigation Monitoring & Reporting Program (MMRP) Architectural Control (AC) 09-32 Saint Margaret's Episcopal School Performing Arts Education Center & Middle School (Phase 2) The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The purpose of the MMRP is to ensure that the proposed project complies with all applicable environmental mitigation and permit requirements. Mitigation measures for the project have been adopted by the City's approving body in conjunction with either the certification of a Final Environmental Impact Report (EIR) or the adoption of a Mitigated Negative Declaration (MND). The adopted mitigation measures are integrated into this MMRP. Within this document, approved mitigation measures are organized and referenced by subject category (e.g. Aesthetics, Air Quality, Noise, Hydrology & Water Quality, etc.) and include those for all topical areas evaluated in the Draft Environmental Impact Report (EIR) for the project. Each mitigation measure is provided with a numerical reference. The mitigation measures also include information on the method and timing of verification and the responsible party that will ensure that each measure is implemented. Public Resources Code Section 21081.6 requires the Lead Agency, for each project that is subject to the California Environmental Quality Act (CEQA), to monitor performance of the mitigation measures included in any environmental document to ensure that implementation does, in fact, take place. The City is the designated lead agency for the Mitigation Monitoring & Reporting Program and is responsible for review of any monitoring reports, enforcement actions, and document disposition. W ww Q� 0 LU o 0 o z- a O'. mv tUL-E N EfiJ 7 O G N ?� a) � '� IU "T' 0 C C C i o1+ N m N til > CL 6 m > CL N N N m D 0 '> ❑ ❑ O C U ❑ ❑ O ❑ ❑ m U ❑ ❑ Ocl ❑ Q Cu co LL FL � Ci O 7 Q U, (} Y fl_.________. 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E U O a3 _ dl U- C -- � w- U M Q ` E U m Q Q1 qUj al Ci N N d� p CV m C CL a) O O O !1 cn a) Lid c v`- ttS U � 4. U} -0 c0 U � O c7 NY H � EXHIBIT "B" PC RESOLUTION ##: 10-4-13-4 CONDITIONS OF APPROVAL PROJECT LOG #: Architectural Control (AC) 09-32 PROJECT NAME: St. Margaret's Episcopal School Performing Arts Education Center & Middle School (Phase 2) APPROVAL DATE.: April 13, 2010 EXPIRATION DATE: April 13; 2012 These conditions of approval apply to the above -referenced project application described in more detail below. For the purpose of these conditions, the term "applicant" shall also mean the developer, the owner or any successor(s) in interest to the terms of this approval. General Conditions: 1. St. Margaret's Episcopal School proposes the development of a 41,777 GSF performing arts center and an adjoining 24,116 GSF middle school building located at 31641 La Novia Avenue, and generally located along the south side of State Route -74 (Ortega Highway) and the west side of La Novia Avenue and is more commonly referred to as Assessor Parcel Number (APN): 666-272-04. This project approval is based on and subject to the application materials prepared by Bastien & Associates and Charles Hartman & Associates including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. 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. CC Resolution #10-4-13-4 Conditions of Approval AC 08-32. St, Margaret's Episcopal School Page 2 of 15 5. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 6. 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 Community Development Department and Building and Safety Department. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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) T 12. The west elevation architectural design for the Middle School shall be subject to final review and approval of the Design Review Committee (DRC). 13. The applicant will redesign the parapet treatment on the roof of the Middle School to visually integrate the appearance of the mechanical well into the design of the roof and the building. 14. Sheet A3.3 Alternative for the north elevation of the Performing Arts Education Center depicting a shed roof design is hereby approved. 15. The tree removal permit (TRP) for the project is approved to also include the removal of additional non-native trees #152 and 155. 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 CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Page 3 of 15 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) 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 required/applicable street improvements, signing and striping, street lights, storm drains, water, sewers, landscape, irrigation systems, setting of survey monuments and centerline ties. (PW) 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) 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 ICD) a. Location of all existing trees and indicate trees to be removed and trees to remain in place (CD) b. Location of 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. Location, height, materials and colors of any retaining walls. (CD) d. 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. (CD) CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Pape 4 of 15 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 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) 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) 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) 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 (BMPs) 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) 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) CC Resolution #10-4-13-4 Conditions of Approval AC 09-32 St. Margaret's Episcopal School Pape 5 of 15 1.90 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) 1.11 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) 1.12 WaterQuality Management Plan (WQMP) 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) 1.13 NPDES Permit for Grading. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit a Notice of Intent (NOI) To the California 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) 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) 1.15 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) 1.16 Fire Flow Demands. Prior to the improvements permits, the applicant Authority (OCFA) the required fire requirements to serve the subject satisfactory fire flow. (OCFA) issuance of grading and right-of-way shall obtain from the Orange County Fire flow demands and the fire protection project and shall provide evidence of 1.17 County Surveyor Re uirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with CC Resolution #10-4-13-4 Conditions of Approval AC 09-32 St. Margaret's Episcopal School Page 6 of 15 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) 1.1$ Construction Phasing and Mitigation Program. Prior to the issuance of any grading or demolition permits, in order to address impacts to adjoining private properties, public streets, utilities, and/or public improvements during project construction, the applicant shall prepare and comply with a Construction Phasing and Mitigation program, approved by the Building & Code Enforcement Manager including, but not limited to the following controls: (CD) a. Grading: 1. Haul route for the movement of on and off-site of heavy earth -moving equipment. 2. Location of assembly and storage/service areas for heavy earth -moving equipment and limits of hours of operation. 3. Control of worker access to site, including hours of work, limits on noise sources, and dust and soil import/export. 4. Compliance with environmental mitigation measures, including stockpiles and dust impacts. 5. A schedule and the method of performing the grading, stockpiling and construction of all improvements in each phase. b. Enforcement: 1. The Community Development Director and Public Works Director may modify the Construction Phasing and Mitigation program standards if on-site observations indicate that construction activities are creating a nuisance to adjacent property. 2. The applicant/subdivider shall hire a project enforcement person approved by the Public Works Director to ensure compliance with the Construction Phasing and Mitigation Program. Violation of the City -approved "Construction Phasing and Mitigation Program" shall be subject to enforcement action pursuant to Section 9-1.201, Violations and Penalties of the Title 9, Land Use Code. The following conditions shall be completed prior to issuance of any 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 CC Resolution #10-4-13-4 Conditions of Approval AC 09-32 St. Margaret's Episcopal School Pae 7 of 15 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. 2.3 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). 2.4 Traffic Control & Improvement Plans -La Novia Avenue. Prior to issuance of building permits, the applicant shall submit to the City Engineer for review and obtain approval of improvement plans prepared by a Registered Traffic Engineer that show all existing and proposed striping, signage, signalization, and related appurtenances. Furthermore, these plans shall provide for the construction of a raised median in La Novia Avenue to prohibit northbound (NB) left -turns into the northerly La Novia Avenue entrance of the campus designed to the satisfaction of the City Engineer or his designee. (PW) 2.5 Access Rights Dedication. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer, prior to recordation. (PW) 2.6 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 its anticipated impact on the existing Wastewater Facilities System. Said study shall CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Page 8 of 15 be consistent with the City's Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. Any exception shall be subject to review and approval by the City Engineer. (PW) 2.7 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) 2.$ 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 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. (PW) 2.9 Water System Improvements. Prior to the issuance of any building permits, the applicant shall complete the construction of all domestic water system improvements, non-domestic (recycled) water system improvements, and irrigation improvements required to serve the subject project in compliance with the Municipal Codes, standards, specifications, the Rules and Regulations for Users of Non-domestic Water and the City's water standard specifications. The middle school and/or performing arts education center building plans shall be designed to include provisions that all multi -cubicle public toilets and urinals in these buildings are connected through a gate valve and capped -off piping for future connection at La Novia Avenue to the City's non-domestic; recycled water system so as to reduce project demand for potable water thereby reducing demand for imported water from the State Water Project. (UTIL) 2.10 Privatization of On-site Public Waterlines. The applicant/school shall submit and secure approval of water improvement plans that convert the existing on-site, public waterline(s) to private waterline(s) in a manner and subject to the standards of the Utility Department as determined by the Utility Department Director or his designee. (UTIL) 2.11 Water Service Connection. Prior to the issuance of a building permit, 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 as specified by Utilities Department. These connections shall be subject to the submission, review, and approval of civil improvement plans and the irrigation/landscape CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School page 9 of 15 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 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) 2.12 Water Improvement Agreement. Prior to the issuance of permits for any water improvements, the applicant shall execute a Water Improvement Agreement 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) 2.13 Covenant In -lieu of Dedication of Water Rights. Prior to the issuance of permits, the applicant shall record a lessee covenant that it will not, without the express consent of the City, develop or continue to use, or continue to allow to be used by any third party for this or any other site any wells or other means of using the water rights associated with this property (hereon referred to as "Well Development"), nor shall it allow any other party to conduct Well Development, for the term of the applicant's lease or use of the land. The Water Division or its designee shall be the sole water service provider for any and all improvements made on the land during the term of the applicant's lease of the land. The language of the covenant must be approved by the City prior to recordation. The covenant must be recorded with the County Recorder prior to issuance of building permits. (UTIL) 2.14 Final Landscape Plans. Prior to issuance of building permits, final landscape plans shall be submitted 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 consistent with the Planning Commission -approved preliminary plans. b. Tree removals shall comply with the City's Tree Permit requirements. C. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. d. Location, height, materials and colors of all proposed and existing walls and fences. e. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. f. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. g. Sidewalks adjacent to head -in spaces shall be a minimum width of seven (7) feet. h. All landscape islands which are located at the front of head -in parking spaces shall be designed with a minimum two and a half (2-112) foot area free from vegetation where the front of a vehicle may overhang the planter. CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Pape 10 of 15 All portions of the parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. 2.15 Tree Preservation. The City may require that the applicant shall provide surety in the form of a bond or other method approved by the City Attorney to ensure that trees designated for preservation are protected during construction and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy. (CD) 2.16 Final Photometric Plans. Prior to issuance of building permits, the applicant shall submit the final photometric plan for the project for Community Development Department review and approval. Plans shall include the following information and meet the following requirements: (CD) a. Show the location of all light standards and fixtures, free-standing and building -mounted, that illuminate the parking area and other areas accessible to the public and the proposed illumination levels in footcandles (fc) extending ten (10) feet beyond the property line. b. Building -mounted fixtures shall be mounted below the roof eaves or at a height no greater than twenty (20) feet, whichever is less. Free-standing (pole -mounted) luminaires shall not exceed a maximum height of twenty (20) feet. C. Illumination shall be either metal halide or high-pressure sodium (HIPS). Mercury vapor and halogen lights are expressly prohibited. d. Shielding shall be required so that light measured 5 feet outside the property boundary shall not exceed 0.1 footcandle. Exterior lighting fixtures that would be visible from adjacent residential areas shall be oriented so that the light source is not visible from those areas. e, Exterior lighting shall be reduced to the extent feasible during hours that the school is not in operation. f. The design of all fixtures shall be consistent with existing City -approved fixtures for the property. The City may refer any proposed fixture to the Design Review Committee (DRC) for review and approval. 2.17 Fire Protection -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) 2.18 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) 2.19 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) CC Resolution #10-4-13-4 Conditions of Approval AC 09-32 St. Mar aret's E isca al School Pae 11 of 15 2.20 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- 5100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." (OCFA) 2.21 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) 2.22 Hazardous Flammable Combustible Materials. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and 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) The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy: 3.1 Compliance with approved plans. At all times during construction, the applicant shall maintain compliance with City -approved construction plans including the following and violation of these plans shall be enforceable pursuant to Section 9- 1, 201, Violations & Penalties of Title 9, Land Use Code: (PW) a. Erosion Control Plan b. Haul Route Plan C. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit(s) 3.2 Pre -construction Meeting. Prior to construction, the contractor may be required to attend a pre -construction meeting as determined by the Building and Safety Division prior to commencement of any construction on the site. (PLN-B&S) 3.3 Drainage Problems. During the grading or 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 CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Page 12 of 95 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) 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) 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) 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. The 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, release of bonds and/or surety and final utility clearances: 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) 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) 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) CC Resolution #10-4-13-4 Conditions of Approval AC 09-32, St. Margaret's Episcopal School Page 13 of 15 4.4 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." (UTIL) 4,5 Videotape Sewers and Storm Drain Pres. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to and obtain the approval of the City Engineer of video tape that was filmed during observation by the City's construction or building inspector, of all sewer and drainage improvements. The video shall become the property of the City. Any exception to this requirement shall be subject to review and approval by the City Engineer. (PW) 4.6 Curb and Gutter Repair. Prior to acceptance of improvements and release of performance securities, the City may require the applicant to repair and/or replace any existing sections of curb and gutter damaged during construction depending on the condition of the improvements prior to and after construction. (PW) 4.7 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) 4.8 Dedication of Water Facilities/Easements. 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 applicable public water facilities and pertinent easements. (UTI L) 4.9 Installation of Landsca in . 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, if applicable, and other improvements shown on the Final Landscape Plan shall be installed to the satisfaction of the Community Development Department. (CD) 4.10 Consistency with Approved Plans and Elevations. The project shall be CC Resolution #10-4-13-4 Conditions of Approval AC 09-32 St. Margaret's E Iscopal School Pae 14 of 15 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) 4.11 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 Development Department shall not conduct a final inspection until any outstanding balance has been paid in full. (CD) 4.12 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 extinguishers. All fire extinguishers shall have current California Fire Marshal service tags. (OCFA) 4.13 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking—Fire Lane" as approved by the Fire Department. (OCFA) 4.14 Gates. Entrance and exit gates shall be equipped with an entry system approved by the Fire Department. Gate widths shall be not less than twenty (20) feet. Entrance gates shall be operated by a punch pad capable of accepting a separate Fire Department code, and an "opticom" compatible gate operation system. The gate operation shall provide for periods of power outage. (OCFA) 4.15 Utility Undergrounding. Prior to the issuance of any "Certificate of Occupancy", the applicant shall underground, at no cost to the City, the overhead utility lines within Phase 2 and along the street frontage of Phase 2 to the satisfaction of the City Engineer. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (PW) The following ongoing conditions apply after completion of the project. 5.1 Business License. The applicant shall comply with the City's business license requirements. (CD) 5.2 Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (CD) 5.3 Noise. The applicant shall ensure that noise levels do not exceed levels permitted by Section 9-3.531. Noise standards (residential and non-residential) of the Municipal Code. (CD) CC Resolution #10-4-13-4 Conditions of Approval AC 09-32. St. Margaret's Episcopal School Page 15 of 15 Responsible Departments/Agencies: CD: B&S: ENG: UTIL: OC)=A CA: Community Development Department Community Development -Building & Safety Public Works -Engineering Division Utilities Department Orange County Fire Authority City Attorney Applicant Acceptance of Conditions of Approval: Date: David Bush, Director of Finance & Operations