PC Resolution-10-12-14-04RESOLUTION NO. 10-12-14-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION (MND) AND MITIGATION MONITORING REPORTING PROGRAM
(MMRP), AND APPROVING ARCHITECTURAL CONTROL (AC) 10-18, AND A
PARKING STANDARD EXCEPTION FOR A PROPOSED MARRIOTT RESIDENCE
INN LOCATED AT THE SOUTHWEST CORNER OF CAMINO CAPISTRANO AND
STONEHILL DRIVE (ASSESSOR PARCEL NUMBER: 121-254-44)(MARRIOTT
RESIDENCE INN)
Whereas, R. D. Olson Development has requested approval of development plans
for a 130 -room Marriott Residence Inn, extended -stay hotel totaling 91,489 square feet of building
area. The proposed hotel would be three -stories with the main roof elements extending to a
maximum height of thirty-seven feet, six inches (37'-6"), and with non -habitable, architectural
elements extending to a maximum height of fifty feet (50'-0"). The proposed project includes a
request for a minor exception to reduce the hotel parking standard from the City's minimum standard
of 1.0 space per guest room to 0.94 space guest room. The proposed project also includes a future
single -story, warehouse auto storage facility totaling 11,104 square feet situated on the lower
building pad adjoining the south side of the main building pad (hotel) that has been conceptually
defined as part of the current project, but will require future review and approval of Conditional Use
Permit (CUP) and Architectural Control (AC) applications before development of that use can
proceed; 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 determined the project is not exempt and
required preparation of an Initial Study; has reviewed the Initial Study prepared pursuant to Section
15063 and 15064 of the California Environmental Quality Act (CEQA) Guidelines; has issued a
Mitigated Negative Declaration (MND) pursuant to Section 15070 of those guidelines; has caused a
Notice of Negative Declaration to be posted pursuant to Section 15072 of those guidelines; has
caused a Notice of Intent to Adopt an MND to be mailed to all real property owners in the vicinity of
the project; and has otherwise complied with all applicable provisions of the California
Environmental Quality Act; and,
Whereas, the Design Review Committee reviewed the proposed project development
plans at their public meetings on August 19, October 7, and November 18, 2010 pursuant to Title 9,
Land Use Code to consider the proposed project and to consider public testimony on the proposed
project and on November 18, 2010, forwarded the project to the Planning Commission for final
action with a favorable recommendation; and,
Whereas, the Transportation Commission conducted a public meeting on December
8, 2010 pursuant to Title 9, Land Use Code to consider the project's traffic -related issues and to
consider public testimony on the proposed project; and,
Whereas, the Planning Commission conducted public worksessions on September
14 and November 23, 2010 and conducted a duly -noticed public hearing on December 14, 2010
pursuant to Title 9, Land Use Code, Section 9-2.335, Public Hearing Procedures to consider the
environmental determination and documentation pursuant to Section 15074 of the California
Planning Commission Res. 10-12-14-4 2 December 14, 2010
Environmental Quality Act, and 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 appropriate mitigation
measures that would reduce those impacts below a level of significance; and,
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 all applicable public notice
requirements; and,
4. The City has provided a twenty (20) day public review period that began on Wednesday,
November 24, 2010 and closed on Tuesday, December 14, 2010 pursuant to and in
compliance with Section 15073 of the California Environmental Quality Act (CEQA)
Guidelines; and,
5. The Planning Commission has considered the proposed Mitigated Negative Declaration
(MND), accompanying Initial Study and technical reports, and all associated public
comments; and,
6. 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.
7. There is no substantial evidence, in light of the whole record before the Planning
Commission, that the project will have a significant effect on the environment provided that
certain mitigation measures identified in the Initial Study are adopted and implemented; and,
8. The Mitigated Negative Declaration for the project reflects the independent judgment of the
City of San Juan Capistrano; and,
9. The Mitigated Negative Declaration and other materials, which constitute the record of
proceedings upon which the Planning Commission's decision is based, are located at the
Development Services Department at San Juan Capistrano City Hall, 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675.
Planning Commission Res. 10-12-14-4 3 December 14, 2010
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 Architectural
Control (AC) for the proposed project:
The proposed use and design of the project will comply with all applicable provisions of Title
9, Land Use Code because the proposed hotel use is a permitted use within the "CM"
(Commercial Manufacturing) Zone District and the developments have been designed to
comply with all development standards except as otherwise provide by this approving
resolution.
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Land Use Element and the Community Design
Element because the Land Use Element expressly encourages the development of hotel
uses within the City at appropriate freeway -accessible locations and because the Design
Review Committee and Planning Commission have determined that the project design and
specifically, the Mediterranean -style architecture are substantially consistent with the
applicable provisions of the City's Architectural Design Guidelines.
3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks,
parking, access, and other features pertaining to the application, except as otherwise
approved, because the 4.5 acre site has been designed to accommodate the proposed
project's building elements consistent with all applicable hotel development standards for
yards, open space, building setbacks, parking, floor area ratio (FAR), building height, and
site access, except as otherwise provided by this approval.
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 project's
architectural design is substantially consistent with the City's Architectural Design Guidelines
and relies on the use of varied roof lines, varied building massing, courtyards, varied color
palette and materials consistent with the design elements of Mediterranean architecture.
The project includes preliminary landscape plans with a landscape palette that incorporates
a California native plant palette and relies on a combination of formal and natural plant
groupings to accent entrances, visually buffer building massing and retaining walls, screen
parking, and enhance courtyards and public spaces.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation because the proposed site development concept provides a continuous access
drive through the site linking the Camino Capistrano entrance and the Stonehill Drive
entrance, and the two entrances are appropriately situated and will create no "dead-end"
drives.
6. The proposed hotel 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 project design relies on the use of varied roof lines, varied building massing,
courtyards, varied color palette and materials consistent with the design elements of
Mediterranean architecture and is architecturally compatible with similarly designed buildings
along Camino Capistrano to the north of the project.
Planning Commission Res. 10-12-14-4 4 December 14, 2010
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby find that the parking study prepared by RBF Engineering
provides sufficient justification for approval of the requested reduction in the parking standard for the
project from 1.0 to 0.94 space per guest room subject to the proposed mitigation measures.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Juan Capistrano hereby adopts a Mitigated Negative Declaration (MND) subject to
mitigation measures contained in Exhibit "A", Mitigation Monitoring Reporting Program (MMRP),
attached hereto and incorporated herein; approves Architectural Control (AC) 10-18 subject to the
conditions contained in Exhibit "B", Conditions of Approval, attached hereto and incorporated
herein; and approves an exception reducing the parking standard from 1.0 space per guest room to
0.94 space per guest room.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire at 5:30 pm, Monday, January 3, 2011. This project
approval shall be valid for a period of 1 year from the date of approval of this resolution, and shall
expire on December 14, 2011 unless a time extension request or building permit application related
to this discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2010, by the
following vote, to wit:
AYES: Chairman Cohen and Commissioners Kerr, Neely, Ratcliffe, Tatarian and
Williams.
NOES: none.
ABSTAIN: none.
Sheldon Cohen, Chairman
2
EXHIBIT A
MITIGATION MONITORING & REPORTING PROGRAM (MMRP)
Architectural Control (AC) 10-018
Marriott Residence Inn Hotel
INTRODUCTION
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). Those 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 Initial Study/Mitigated Negative
Declaration (IS/MND) 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.
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EXHIBIT "B"
P. C. RESOLUTION # 10-12-14-4
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 10-18
PROJECT NAME: Marriott Residence Inn
APPROVAL DATE: December 14, 2010
EFFECTIVE DATE: January 3, 2010 (note: While the 15 -day appeal period would expire on
December 29, 2010, because City Hall will be closed due to furlough, the
close of the appeal period rolls forward to the next work day that City Hall
is open for business during which an appeal may be filed.)
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. The subject project requests approval of development plans for a proposed 130 -room
Marriott Residence Inn extended stay hotel totaling 91,489 square feet of building
area. The proposed hotel would be three -stories with the main roof elements
extending to a maximum height of thirty-seven feet, six inches (37'-6"), and with non -
habitable, architectural elements extending to a maximum height of fifty feet (50'-0").
The proposed project also includes a request for a minor exception to reduce the
hotel parking standard from the City's minimum standard of 1.0 space per guest room
to 0.94 space guest room. Finally, the proposed project also includes a future single -
story, warehouse auto storage facility totaling 11,104 square feet situated on the
lower building pad adjoining the south side of the main/hotel building pad (the future
mini -warehouse, auto storage use requires future approval of Conditional Use Permit
(CUP) and Architectural Control (AC) applications). This project approval is based on
the site, grading, architectural and landscape plans and related application materials
submitted R.D. Olson Development and conditionally -approved by the Planning
Commission including any revisions.
These plans and the proposed use of the project site are hereby incorporated by
reference into this approval as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city departments. Minor
modifications to this project approval may be approved by the Development Services
Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use
Code. (DSD)
2. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements. (DSD)
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. (DSD)
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,
P. C. Resolution #10-12-14-4 Conditions of Approval
AC10-18 Marriott Residence Inn page 2 of 14
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 Project 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. (DSD)
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. (DSD)
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
Development Services Department and Building and Safety Department. (DSD)
_ 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. (DSD)
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. (DSD)
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. (DSD)
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. (DSD)
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Development Services Department's Building and Safety Division prior
to issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
Prior to issuance of any grading permit(s), the project shall comply with the following:
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 Utilities 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 -E)
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18 Marriott Residence Inn page 3 of 14
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 -E)
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. Prior to approval of water improvement plans, the applicant shall provide
Performance Bonds/Securities for 110% of estimated improvement cost of water
facilities to be dedicated to the City. 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 -E)
1.4 Grading Permit 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 Development Services 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 -E & DSD)
a. Location of all existing trees and indicate trees to be removed and trees
to remain in place (DSD)
b. Location, height, materials and colors of any proposed retaining walls.
(DSD)
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.
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 4 of 14
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 -E)
1.6 Storm Runoff Hydraulic / Hydrologic 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 all applicable City regulations, Orange County
Public Facilities & Resources Department design criteria, and standards. (PW -E)
1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval of a Final Soils Report &
Geotechnical Feasibility Study prepared by a Registered Engineering Geologist
and/or 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 -E)
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 -E)
1.9 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
plans, the applicant shall submit to and obtain the approval of the City Engineer
for Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, as identified in the City -
approved Mitigation Monitoring Reporting Program (MMRP). Any exception shall
be subject to review and approval by the City Engineer (PW=E)
1.10 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 -E)
1.11 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.
(PW -E)
P. C. Resolution #10-12-14-4 Conditions of Approval
AC10-18 Marriott Residence Inn page 5 of 14
1.12 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 -E)
1.13 Water Quality 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 Final
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 Plan shall comply with the Planning
Commission -approved Preliminary Water Quality Management Plan (WQMP)
and with all the requirements of the latest NPDES Permit, the City's Water
Quality Ordinance & Local Implementation Plan and the Clean Water Act. (PW -
E)
1.14 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 -E)
1.15 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 -E)
1.16 Off-site Easements. In the event that project improvements require permanent
off-site easements, then prior to issuance of a grading permit, applicant shall
obtain and record off-site easements from the affected property owner(s) for all
proposed off-site improvements (i.e. slopes, street improvements, walls,
drainage, etc.). The applicant shall bear all costs for obtaining said easements. If
said easements cannot be obtained, the project shall be redesigned to
incorporate these improvements entirely within the project boundary as approved
by the City. The City Engineer shall have the right to withhold approval of the
affected improvement plans for failure to satisfy this condition. Off-site grading
may be accomplished through an executed "letter of permission" from the
affected property owner. (PW -E)
1.17 County Surveyor Requirement. Prior to any construction, existing controlling
monumentation shall be protected by tying it out and filing Corner Records with
the County Surveyors Office showing those ties prior to construction. The
applicant shall replace said monumentation in the new surface following
construction, and again file a Corner Record with the County Surveyors Office
showing the final monumentation. (PW -E)
P. C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 6 of 14
Prior to issuance of any building permit(s), the project shall comply with the following:
2.1 Applicable Codes. Prior to issuance of building permits, the applicant shall submit
plans to the Development Services Director or designee, for review and approval,
and shall comply with the latest City -adopted edition of the applicable building
codes. (B&S)
2.2 Building Permit Construction Plans. Prior to issuance of any building permit(s),
the applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Division for review and approval. Such plans
shall be fully dimensioned and in substantial conformance with those plans
approved by the Planning Commission, Design Review Committee, and/or
Development Services Director (as applicable). Plans shall address the following:
(DSD)
a. The location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including but
not limited to 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 to the satisfaction of the project planner. Screening shall be
compatible with main structures and include landscaping where appropriate.
b. Elevations shall note that all exterior exposed gutters and downspouts will be
painted to match the surface to which they are attached.
c. 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.
c. Location and method of operation of any vehicle restricting gates on the site
plan. The gates shall be subject to the approval of the City Engineer and the
Fire Department. Where gates are used, a portion of the guest spaces shall
be accessible without passing through a security entrance. (PW -E & DSD)
2.3 Street Improvement Plans. Prior to issuance of building permits, the applicant
shall submit to the City Engineer for review and obtain approval for Street
Improvement Plans for all required street frontage improvements including the
following:
Reconstruction and/or realignment of the Stonehill Drive entrance to align
with the existing entrance along the north side of Stonehill Drive; or install
signage, striping and/or delineators to provide additional restrictions on
eastbound, left -turns from Stonehill Drive into the existing entrance on the
north side of Stonehill, as directed by and subject to the approval of the City
Engineer.
Reconstruction of the Camino Capistrano entrance to accommodate the
future widening of Camino Capistrano to its ultimate geometric section
consistent with the City's Master Plan of Streets & Highways (MPS&H).
The Street Improvement Plans shall show all existing and proposed
improvements, including but not limited to street grades, striping, signage,
signalization, storm drain, sewer, water, sidewalks, street lighting and all related
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AC10-18, Marriott Residence Inn page 7 of 14
appurtenances. (PW -E)
2.4 Traffic Control & Improvement Plans. Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval for
Traffic Improvement Plans prepared by a Registered Traffic Engineer. These
plans shall show all striping, signage, signalization, and related appurtenances.
(PW -E)
2.5 Sewer and Water Plans. Prior to the issuance of building and right-of-way
improvements permits, the applicant shall submit to the Public Works Director/
City Engineer for review, and shall obtain approval for, Sewer and Water
Improvement Plans prepared by a Registered Civil Engineer. These plans shall
be specific to the project and shall reflect consistency with the City's Sewer and
Water Master Plans, City municipal codes, standards, specifications, and City
water standard specifications. The sewer plans shall indicate that all proposed
sewer manholes shall be lined with polyurethane, or equal approved material, at
the applicant's cost to the satisfaction of the City Engineer (PW -E & PW -W).
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
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 -W)
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. Any deviation shall be subject to
review and approval by the City Engineer. (PW -E)
2.8 Dry Utilities. Prior to issuance of building permits and approval of dry utility plans,
the applicant shall submit to the City Engineer, for review and obtain approval for,
Electrical Gas, Telephone and Cable Television Installation Plans which include
the size and location of all above ground pedestal, to ensure compatibility with
existing and proposed improvements. Pedestals shall be located in areas with
limited visibility to the general public, and screened with landscaping to the extent
feasible. The applicant shall coordinate with utility providers to ensure that
required public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent practicable. Any
exception shall be subject to review and approval by the City Engineer. (PW -E)
2.9 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
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AC10-18 Marriott Residence Inn page 8 of 14
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
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. (PW -W)
2.10 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 City Fees Schedule, as last revised, and shall
post the required securities to insure satisfactory performance of proposed public
water improvements in compliance with City water standard specifications. (PW -
W)
2.11 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 develop any
groundwater 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 with the exception of de -watering wells necessitated by the site's
geologic conditions and requirements. The Utilities 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. (PW -
W)
2.12 Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, a proposed historic depiction program shall be submitted to the
Historic Preservation Manager for review and approval by the Cultural Heritage
Commission pursuant to City Council Policy 606. The HDP application
submission shall include necessary information and be in a form acceptable to
the Historic Preservation Manager. Prior to issuance of a Certificate of
Occupancy, the Historic Depiction Program (HDP) shall be installed and
inspected for compliance with the approved design. (DSD)
2.13 Final Landscape Plans. Prior to issuance of building permits, the
applicant/developer shall submit final landscape plans to the Development
Services Department for review and approval by the Design Review Committee.
Final landscape plans shall show the following information and requirements:
(DSD)
a. Type, location, and size of all proposed new plant material which shall be
water conserving and drought resistant.
b. Turf shall only be permitted in specific areas based on a determination by
the City that no other groundcover is suitable for the proposed site
location and application. Where turf is permitted by the City, turf areas
P. C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 9 of 14
shall be separated from non -turf areas by a mow strip or header.
G. All slopes of 2:1 and greater shall be permanently landscaped.
d. Backflow devices and utility pedestals shall be screened with
landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
f. Location, height, materials and colors of all walls and fences.
g. Location and details for all street furniture including bicycle racks,
benches, water features, trash receptacles, historic depiction devices, etc.
h. Design details and locations for trash enclosures which shall be of
decorative construction compatible with the main structures.
i. 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.
j. Sidewalks adjacent to head -in spaces shall be a minimum width of seven
(7) feet except where permanent wheelstops are provided.
k. Landscape areas adjoining head -in parking spaces shall be a minimum
width of 4'-6" except where permanent wheelstops are provided
I. All portions of the parking lot devoted to landscaping shall be provided
with a permanent automatic irrigation system designed for water
conservation.
M. Substantial perimeter landscaping including the planting of Lombardy
poplars at strategic locations to provide effective screening, and the
provision of landscaping at the edge of the lower building pad.
2.14 Final Lighting/Photometric Plans. Prior to issuance of building permits, the Final
Lighting/Photometric Plan shall be submitted to the Development Services
Director for review and approval by the Design Review Committee. Plans shall
include the following information and requirements: (DSD)
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. Maximum and average illumination levels shall comply with the Lighting
Standards of Title 9, Land Use Code.
C. Building -mounted fixtures shall be mounted below the roof eaves or at a
height no greater than 20'-0", whichever is less. Free-standing (pole -
mounted) luminaires shall not exceed a maximum height of 20'-0"
including the base.
d. Illumination shall be either metal halide or high-pressure sodium (HPS).
Mercury vapor and halogen lights are expressly prohibited.
e. Shielding shall be required so that light measured 5 feet outside the
property boundary shall not exceed 0.1 footcandle.
f. Exterior lighting shall be reduced to the extent feasible during hours that
the planned uses are not in operation.
g. 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.
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 10 of 14
2.15 Final architectural plans/details. Prior to issuance of any building permits, the
final architectural details including windows, doors, cornice details, fencing, wall
finish, color & materials board, and related design details shall be subject to
review and approval by the Design Review Committee. (DSD).
2.16 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. (PW -W)
2.17 Fire Flow Demands. Prior to the issuance of any building permits, the applicant
shall obtain from the Orange County Fire Authority (OCFA) the required fire flow
demands and the fire protection requirements to serve the subject project and
shall provide evidence of satisfactory fire flow to Public Works -water and OCFA.
(OCFA/PW-E)
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)
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-
6100 to request a copy of the "Orange County Fire Authority Notes for New
NFPA 13 Commercial Sprinkler Systems." (OCFA)
2.21 Fire Master Plan. 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 the proposed 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 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
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 11 of 14
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)
2.23 Hood & Duct Extinguishing System. Prior to the issuance of a building permit,
the applicant shall submit to the Fire Chief, if applicable, an exhaust hood and
duct fire extinguishing system. (OCFA)
During construction and prior to issuance of any occupancy permits, the project shall
comply with the following:
3.1 Compliance with approved plans. At all times during construction, the applicant
shall ensure compliance with applicable approved plans, including, but not limited
to: (PW -E)
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. The City may require that the grading contractor shall
attend a pre -construction meeting with the Building and Safety Division prior to
commencement of any construction on the site. (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 -E)
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 -E)
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 -E)
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.
(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 -E)
3.6 Construction hours. Construction hours shall be limited pursuant to the provisions
of Municipal Code Section 9-3.531, Noise to 7:00 a.m. to 6:30 p.m., Monday
through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday. Construction
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18, Marriott Residence Inn page 12 of 14
activity shall not be permitted on Sundays or any Federal holiday.(DSD)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
3.8 Restrictions on Truck Access. The project shall secure construction material
access from Interstate -5 via the Southbound (SB) ramps at Camino Capistrano,
the northbound (NB) ramps at La Novia Avenue/Valle Road, and the northbound
(NB) ramp at Stonehill Drive, with the exception of locally purchased materials
within the City of San Juan Capistrano. (PW -E)
Prior to the acceptance of improvements, release of performance bonds/surety, or the
issuance of any "Certificates of Occupancy," the project shall comply with the following:
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 -E)
4.2 All civil improvement shall be prepared on 24"x36" size plans (PW -W).
4.3 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 -E)
4.4 Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW -E)
4.5 Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements
and release of performance securities, the applicant shall submit to the City
Engineer, for review and obtain approval for, a video tape, filmed in the presence
of a City Staff representative/inspector, of all sewer and drainage improvements.
The video shall become the property of the City. Any exception shall be subject
to review and approval by the City Engineer. (PW -E)
4.6 Replace Drivewav and Curb Depressions with Sidewalk and Curbs. Prior to
acceptance of improvements and release of performance securities, the
applicant shall remove any existing drives and/or curb depressions that are
determined to be unnecessary by the City Engineer and shall replace them with
full height curb and sidewalks. (PW -E)
P.C. Resolution #10-12-14-4 Conditions of Approval
AC10-18 Marriott Residence Inn nape 13 of 14
4.7 Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant and at
applicant cost, as deemed necessary by the City Engineer, depending on the
condition of these improvements prior to and after construction. (PW -E)
4.8 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.
(DSD & PW -E)
4.9 Ingress -Egress Control. Project access at the site entrance on Camino
Capistrano shall be limited to right -in and right -out only. The City Engineer shall
specify the necessary signage, pavement markings, and raised medians to
provide the necessary access control which shall comply with State standards.
(PW -E)
4.10 Installation of Landscaping. Prior to approval of final inspection 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 Development
Services Department. (DSD)
4.11 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 Project planner. (DSD)
4.12 Final Compliance Inspection. Prior to application for a final occupancy permit, the
applicant shall schedule a final inspection by the Development Services
Department, and shall pay any outstanding balance in the Developer Deposit
Account assigned to this application. Development Services Department shall not
conduct a final inspection for occupancy or approve any occupancy permit until
any outstanding developer deposit account balance has been paid in full. (DSD)
P. C. Resolution #Y0- 12-144 Conditions ofApproval
AC10-18, Marriott Residence Inn page 14 of 14
4.13 Fire Extinouishers. Prior to final inspection by the Orange County Fire Authority
KOCFA0, fioa extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant mheU contact the Fina Department for the requirements
pertaining to the nunnber, tvpe, and placement of fine extinguishers. All five
extinguishers shall have current California Fine K8mnuha| service tags. ([JCF/W
4.14 Fire Aisles. Drive aisles that serve as fire access lanes shall be posted "No
Parking—Fire Lane' as approved by the Fire Department. (OCFA)
4.15 Gates. The access control gates bothe lower pad area shall beequipped with an
entry system approved by the Fire Department. Gate widths shall be not |eoa
than twenty (20) feet. Entrance gates shall be operated by m punch ped capable
ofaooepUngameporoteFineDapodmantoode.andan^opdioom^oompetib|ogate
operation system. The gate operation aho|/ provide for periods ofpower outage.
The project shall comply with the following on-going conditions after completion of the
5.1 Business License. The eooioant, henanta, or suooaeaora in interest shall cornoh
with the City's business license requirements. (DSD)
5.2 Site Maintenance. The applicant mhnU maintain all portions of the site, including
undeveloped ereem, pursuant to Municipal Code requirements for property
maintenance. (DSD)
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. ([}SC)
5.4 Future Parking Demand. In the event that future land uses require additional
perking, the applicant must obtain the necessary land use approval from the
Development Services Department that demonstrates that sufficient parking is
being or will be provided for all land uses within the building or on the property
consistent with Title B.Land Use Code. (D0D)
Responsible DSD:
Development Services Department
B&8:
DSD -Building & Safety Division
PW -E:
P\8 -E -Engineering Division
' PW -VV
PW -Water
OCFA:
Orange County Fire Authority
Applicant Acceptancem0Conditions of Approval:
Dote: ^~
Applicant Signature '
Applicant's name/title '(print)