PC Resolution-09-01-13-01PC RESOLUTION NO. 09-01-13-01
ARCHITECTURAL CONTROL (AC) 08-014, CONDITIONAL USE PERMIT (CUP) 08-012, AND
REZONE (RZ) 08-002:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF A MITIGATED
NEGATIVE DECLARATIONAND RECOMMENDING APPROVAL TO CHANGE THE OFFICIAL
ZONING MAP DESIGNATION OF GENERAL OPEN SPACE TO PLANNED COMMUNITY, A
TEXTUAL AMENDMENT TO THE FORSTER CANYON COMPREHENSIVE DEVELOPMENT
PLAN, DEVELOP A 72,940 SQUARE FOOT COMMERCIAL SELF STORAGE FACILITY, AND TO
ESTABLISH AND OPERATE A COMMERCIAL SELF STORAGE FACILITY THAT EXCEEDS
50,000 SF, LOCATED AT 33000 VALLE RD, GENERALLY LOCATED; 2320 FEET SOUTH OF LA
NOVIA, AND DIRECTLY ADJACENT TO VALLE RD AND MORE SPECIFICALLY REFERRED TO
AS ASSESSOR PARCEL NUMBER: 666-301-13. (JERWEL SELFSTORAGE)
Whereas, Gerald J. Klein representative of Jerwel Enterprises, 9875 Sitka Circle
Fountain Valley, CA 92708 has requested' approval of Architectural Control (AC) 08-014,
Conditional Use Permit (CUP) 08-012, and Rezone (RZ) 08-002: to allow a change the official
Zoning Map designation of General Open Space to Planned Community, a textual amendment to
the Forster Canyon Comprehensive Development plan, develop a 72,940 square foot commercial
self storage facility, which consists of a 27,350 square foot basement, 25,807 square foot first floor
and 19,747 square foot second floor on an undeveloped 1.769 acre lot and to establish and operate
a commercial self storage facility that exceeds 50,000 sf, located <project description> on property
located at 33000 Valle Rd, which is General Plan -designated Planned Community and classified as
Planned Community and General Open Space on the Official Zoning Map, and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the initial study prepared
pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a negative declaration
pursuant to Section 15070 of those guidelines; has 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 Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation and technical studies ; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
January 13, 2009 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council Policy 5, and
Planning Department Policy 510 to consider public testimony on the proposed project and has
considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of
San Juan Capistrano does hereby make the following findings:
PC Resolution 09-01-13-01 -2- January 13, 2009
ZONE CHANGE
The project site is designated Planned Community (PC) on the General Plan Land
Use Policy Map and is situated within the Forster Canyon Planned Community. The
Forster Canyon Planned Community allows various land uses including light
industrial. The General Plan Land Use Element provides that the "4.3 Light
Industrial" allows research & development, light manufacturing and processing,
offices, warehousing & storage, and high technology production. The General Plan
identifies for the Forster Canyon Comprehensive Development Plan that 7% of the
total area of the CDP is allowed to be light industrial. The Comprehensive
Development Plan currently identifies that 15.0 acres or 4% of the total
Comprehensive Development Plan (391.6 acres) is designated as light industrial.
The total area of the project site is approximately 1.769 acres. The net result of
designating this area as light industrial would add 1.769 acres to the existing 15.0
acres for an aggregate total of 16.769 acres or 4.26% of the total project area. The
net total does not exceed the established maximum of 7% of the total project area as
established by the General Plan. In addition the General Plan establishes that 7.0%
of the total Comprehensive Development Plan (391.6 acres) is designated as
General Open Space. Currently the Comprehensive Development Plan identifies
131.1 acres or 34% is designated as General Open Space. Approximately 40%or
30,492 sf. of the total project site is located within Forster Canyon CDP and
designated General Open Space. The reduction of the 30,492 sf. of General Open
Space from the 131.1 acres results in a less than a one percent reduction in total
area designated as Open Space and therefore would not cause the total General
Open Space area to be reduced to levels lower than identified in the General Plan.
The textual amendment of the Comprehensive Development Plan, also part of the
rezone consists of the addition of the North Commercial Manufacturing designation
to the Forster Canyon CDP (see attachment 10, Draft North Commercial
Manufacturing District Regulations). The development standards and uses mirror
that Commercial Manufacturing designation as defined in the Municipal Code. The
Commercial Manufacturing designation is consistent with the Light Industrial General
Plan Designation. During the environmental review of the project a traffic study was
prepared; this study concluded that there would be no appreciable impacts on
existing traffic patterns. Therefore because the project meets the established criteria
as identified in the Land Use Element and does not significantly impact the existing
traffic patterns it is found to be consistent with this finding.
2. The project site is located within the Planned Community General Plan Designation.
Sec. 9-2.105. General zoning and lot requirements Table 2-1 Zoning Consistency
matrix establishes that the General Plan designation of Planned Community is
consistent with the proposed zoning designation of Planned Community. Because
the Municipal Code identifies the Planned Community zoning designation as
consistent with the General Plan Designation of Planned Community, the subject
rezone is found to be consistent with the General Plan Designation for the project
site.
3. The subject site is a 1.769 acre site which has previously been disturbed during
other construction activities not related to the subject action. The proposed action
would require any potential development to meet the development standards of the
Commercial Manufacturing district which would be incorporated into the Forester
Canyon CDP. While the site is irregularly shaped, the site would be able to be
PC Resolution 09-01-13-01 -3- January 13, 2009
developed to the identified standards and would not result in a lot which is
substandard or require any variances for the purposes of development. Therefore
the proposed zone change would result in development of land uses suitable to the
property's unique situation.
4. To the north of the site is an existing self storage facility and automotive dealerships,
to the west is Interstate 5, to the south is the Capistrano Unified School District
headquarters and ancillary buildings which house a credit union and after school
educational programs, further south is an office park, and to the east is existing
residential structures and open space areas. The uses and development standards
to be applied mirror that of the Commercial Manufacturing Designation. The
properties to the north are designated as Commercial Manufacturing and therefore
would be compatible. The developments to the south are that of office complexes
and the rezone would not adversely effect the developments, would be compatible.
The surrounding residential developments are not contiguous or adjoining the site.
Any impacts would be as a result of development associated with the subject site.
Impacts such as noise, traffic, and parking would be less than significant as
identified in the Initial Study. Therefore the zone change would not adversely impact
adjacent properties and is found to consistent with existing land uses and zoning
classifications that are within the vicinity of the subject site.
CONDITIONAL USE PERMIT
The General Plan designates the site as Planned Community, and more specifically
as the Forster Canyon Comprehensive Development Plan. The Forster Canyon
Planned Community allows various land uses including light industrial. The General
Plan Land Use Element provides that the "4.3 Light Industrial" allows research &
development, light manufacturing and processing, offices, warehousing & storage,
and high technology production. The proposed use of a commercial self storage
facility that exceed 50,000 sf. Therefore the proposed use is consistent with the
General Plan as warehousing storage uses are identified as permitted.
2. The site is located within the Forster Canyon Planned Community which allows
various land uses including light industrial. Warehouse and storage uses are
identified as permitted and depending on size requires a Conditional Use Permit.
Therefore through the approval of the Conditional Use Permit due to the facilities
size it meets the intent of the zone district it is located in.
3. To the north of the site is an existing self storage facility and automotive dealerships,
to the west is Interstate 5, to the south is the Capistrano Unified School District
headquarters and ancillary buildings which house a credit union and after school
educational programs, further south is an office park, and to the east is existing
residential structures and open space areas. The areasto the north and south are
consistent and compatible with the proposed use, due to the commercial uses are
established. The area to the east is existing residential and open space areas. Self
Storage Facilities are typically low impact uses with limited vehicle trips. This was
confirmed by the traffic study performed during the environmental review which did
not establish significant increases in peak am or pm trip generation. In addition due
to the interior nature most of the facility will not have the same appearance of
traditional self storage facilities and will resemble an office building. The substantial
PC Resolution 09-01-13-00 4 January 13, 2009
landscape palette which incorporates various trees and shrubs will further reduce
any visual impacts. Therefore no significant impacts to the residential communities
are anticipated. Due to the operational and design characteristics of the proposed
facility it is determined to be consistent and compatible with the adjacent existing
land uses.
4. The 72,904 sf. building includes office and lobby areas, and has a total of gross
leasable area of 50,700 sf. The City of San Juan Capistrano's Municipal Code, under
section Sec. 9-3.535. Parking establishes for Mini -storage facilities which provide
rent or leasable storage areas of maximum 600 square feet per storage unit that one
parking space per 4,000 sf. of gross leasable area shall be required. Based upon
this requirement and the established gross leasable area of 50,700 sf. the proposed
project would have a parking requirement of 13 parking spaces. The proposed site
plan contains 18 regular parking spaces and one ADA accessible 'space, thus
exceeding the minimum number of spaces as required by the Municipal Code. The
proposed project contains various pole mounted and building mounted lights. All the
proposed pole mounted lights are twelve feet in height, which is less than the
maximum of twenty feet in height as permitted and use metal halidefixtures which
conforms to the Municipal Code standards. The building mounted lights are below
the roof eaves and do not exceed fifteen feet in height and use metal halide
illuminate, both meet the municipal code. Lastly the foot candles do not exceed 0.1
five feet from outside the property line, which is in line with the municipal code. The
parking lot illumination meets the minimum requirements, while not exceeding the
maximum thresholds. The project does not include fencing or signs at this time.
A Condition of Approval has been added to require the application and approval of a
Sign Program to be reviewed by the Design Review Committee and approved by the
Planning Commission prior to the issuance of a Certificate of Occupancy. The
proposed project complies with all applicable provisions of Title 9 Land Use and has
been conditioned to ensure any future signs will be reviewed and approved via a
sign program; therefore the proposed project satisfies this finding.
ARCHITECTURAL CONTROL
The proposed project has been reviewed using the development standards of the
Commercial Manufacturing Zone district as these standards through a rezone will be
established within the Forster Canyon CDP. The proposed project meets all the
required development standards. The proposed project meets all applicable
supplemental district regulations that are applicable which include; parking, lighting,
and noise. Because the project meets all the development standards and meets all
the supplemental district standards, the proposed project is consistent with Title 9 of
the San Juan Capistrano Municipal Code.
2. The overall site and architectural design are consistent with the General Plans goals
and policies for preserving a sense of space by encouraging high-quality and human
scale design in the project and for a project which reflects on the City's traditional
and historic character. The proposed project is generally consistent with the
Community Design Element, and specifically - with the following policies. Policy 1.1
Preserve significant amounts of land and important natural features foropen space.
PC Resolution 09-01-13-00 5 January 13, 2009
The project does not incorporate land with important natural features, and has been
previously disturbed during unrelated construction activities. Policy 1.2 Encourage
high quality and human scale design in development to maintain the characterof the
City. The proposed self storage facility has been effectively designed to reduce its
industrial appearance and incorporates elements which provide a more aesthetically
pleasing design. The proposed project has been reviewed and forwarded with
recommendation of approval by the Design Review Committee. Policy 3.1 Limit
development of important natural characteristics such as ridgelines, unique hillside
features and creeks. The project is completely removed from the natural
characteristics and is an area suitable for development. Further the proposed project
is consistent with the Land Use Element and Transportation Element. Due to the
design characteristics and impacts of the proposed project it is found to be generally
consistent with the General Plan.
3. To the north of the site is an existing self storage facility and automotive dealerships,
to the west is Interstate 5, to the south is the Capistrano Unified School District
headquarters and ancillary buildings which house a credit union and after school
educational programs, further south is an office park, and to the east is existing
residential structures and open space areas. The site plan orients the buildings to
the northeast corner of the site; this reduces potential visual impacts. Due to the
extensive landscaping along the project boundaries visual impacts are further
reduced. The site is accessed by two points one along Valle Rd. and the other along
Vista Marina. Vista Marina is a public street that is not currently open due to issues
unrelated to this project. The road is fully improved and accessible. To ensure that
there is no access impacts a mitigation measure was included in the Initial Study and
will be incorporated into the Conditions of Approval that requires prior to the
issuance of a certificate of occupancy the site will have access to Vista Marina. With
the appropriate access the site plan does not impact the existing traffic patterns in
the vicinity. Therefore the site plan is found to be compatible with existing and
proposed land uses.
4. As previously discussed this item has been thoroughly reviewed by the Design
Review Committee to determine consistency with the Design Guidelines, and has
been forwarded to the Planning Commission with a recommendation of approval.
Specifically the project incorporates site specific, innovative, high quality architectural
design solutions and minimizes excessive or incompatible impacts of noise, light,
traffic and visual character both of which are identified general objectives of
industrial design projects. The site plan adequately uses increased setback buffers,
intensified landscaping, and building orientation to further reduce any potential visual
impacts. In addition, the building materials have been selected to compliment and
not mimic existing surrounding development to provide a consistent, but not
monotonous streetscape. Therefore the site and design of the proposed project is
found to be consistent with the Adopted Design Guidelines.
5. As part of the traffic study the site plan was analyzed. The primary access located on
Valle Rd. was determined to operate acceptably and would not require signalization
or additional traffic lanes. No impacts to existing bicycle and pedestrian circulation
are anticipated. The single site plan issue is related to Vista Marina. As previously
discussed Vista Marina is a public road which would be open if not for the economic .
PC Resolution 09-01-13-00 6 January 13, 2009
climate that faces the project developer. With adequate access on Vista Marina the
potential for impacts on vehicular traffic could exist. This issue is sufficiently
mitigated through a mitigation measure identified in the Initial Study and incorporated
in the Conditions of Approval that requires that prior to the issuance of a certificate of
occupancy the property owner shall secure access to Vista Marina. Through this
Condition any safety issue related to circulation would be reduced. Because no
impacts to bicycle and pedestrian circulation exists and the only potential impact on
vehicular circulation is effectively mitigated the site plan is found to be functional and
safe.
6. The proposed landscape design incorporates an effective mixture of various trees,
mid range shrubs and ground cover. The palette largely incorporates native or
adoptive native, drought tolerant plant species. Specifically in areas that would have
potential visual impacts additional trees with moderate to fast growth have been
selected. Ultimately the number, location and spacing of the trees and other
plantings will provide an effective and appropriate visual relief to complement the
buildings design. The overall landscape palette was reviewed and approved by the
Design Review Committee, with the recommendations as follows; shrubs should be
suitably removed from the base of the Coast Live Oak, the use of multi stem tree
species in the northwest corner should suitably spaced with the DRC recommending
30'-35' of spacing, and the Australian Willow should be replaced with the Eastern
Redbud. The applicant's landscape architect has modified the plan as needed.
Because the landscape design incorporates native and adopted native, drought
tolerant plant species that provides visual relief to complement the building and other
structures it is found to be consistent with the intent of this finding.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Juan Capistrano hereby recommends approval of a negative declaration; subject
to those mitigation measures established by Exhibit A, attached hereto and incorporated herein;
and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Juan Capistrano hereby recommends approval of amendments to Comprehensive
Development Plan (CDP) 81-01, Forster Canyon as provided by Exhibit B, attached hereto and
incorporated herein and recommends approval ofthe project subject to those conditions of approval
established by Exhibit C, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 13th day of January, 2009, by the
following vote, to wit:
AYES: Chair Cohen, Vice Chair Ratcliffe, Commissioners Kerr and Cardoza
NOES: Commissioner Neely
ABSTAIN:
L_ e—, --
Sheldon Cohen, Chairman
Grant Taylor, P61sistant Planning Director
1=9 rr: IT.111
MITIGATION MONITORING & REPORTING PROGRAM (MMRP)
Architectural Control (AC) 08-014, Conditional Use Permit (CUP) 08-012,
and Rezone (RZ) 08-002 Jerwel Self Storage
CITY OF SAN JUAN CAPISTRANO, CA
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 areas evaluated in the Mitigated Negative Declaration (MND) and
Initial Study 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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REZONE (RZ) 04-04, AMENDMENTS TO COMPREHENSIVE DEVELOPMENT PLAN
(CDP) 81-01, FORSTER CANYON PLANNED COMMUNITY
NCM (North Commercial Manufacturing) DISTRICT STANDARDS
Section V(D)(1)(c) Assignment of Development Districts, Other Development Districts is
hereby amended as follows:
(c) Other Development Districts: Addition of (NCM) North Commercial
Manufacturing site.
Section V(D), Development Standards, is hereby amended as follows:
Addition of the following District regulations:
(14) (NCM) North Commercial Manufacturing
a. Purpose and Intent: This district classifies areas in which light
industrial uses consistent with the Commercial Manufacturing District
would be permitted. Additional discretionary reviews of permitted and
conditionally permitted uses have been incorporated to ensure
compatibility of any proposed use with the surrounding community.
b. Permitted Uses: All uses identified in the Commercial Manufacturing
Zone District of the City of San Juan Capistrano shall be permitted in
this district. Any proposed use either conditionally permitted or
permitted by right in the Commercial Manufacturing District shall be
reviewed by the Planning Commission before its establishment
through a land use determination.
C. Accessory and Temporary uses shall be permitted in accordance with
the City of San Juan Capistrano's Municipal Code.
d. Development Standards: The following table shall establish the
development standards for the district:
jLots with street frontages below the minimum set forth in this table may be permitted without the
:approval of a variance if all of the following conditions are met:
j(a) The lot's street frontage remains a minimum of 20 feet;
,(b) The lot -is -designed such that the reduced width portion constitutes an access corridor to the
Exhibit B, Rezone 08-002, Amendments to
CDP 81-01, Forster Canyon 2 February 17, 2009
ildable portion, which is set back away from the
c) The minimum width of the buildable portion of the lot conforms to the requirements of this table;
7(d) The Planning Commission determines that adequate visitor parking will be provided on the lotto
compensate for the loss of street frontage parking
lThe actual creation of reduced frontage lots shall be subject to normal City approval of required tract
or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of
lot area (see Section 9-4.315 Irregular and Cul -de -Sac Lots).
---
(�. . _ ...., ...... ___
2 IThe criteria for measuring setbacks on irregularly-shaped and cul-de-sac lots are set,forth in Section
19-4.315 Irreaular and Cul -de -Sac Lots.
Architectural projections may extend into required side yards no more than 40% of the applicable
district reauirement. or more than 3 feet whichever is areater.
(On lots with an existing building setback encroachment into a required rear yard, structural additions
]having the same said encroachments shall be permitted without the approval of a variance. However,
'!no new encroachment in excess of that existing, nor any new encroachment may be permitted
without the approval of a variance (see Section 9-3.533 Nonconforming Uses, Lots, and Structures).
Exhibit C
RESOLUTION # 09-01-13-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 08-014, Conditional Use Permit (CUP)
08-012, and Rezone (RZ) 08-002
PROJECT NAME: Jerwel Self Storage
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
The subject project proposes application to change the official Zoning Map
designation of General Open Space to Planned Community, a textual
amendment to the Forester Canyon Comprehensive Development plan, develop
a 72,940 square foot commercial self storage facility, which consists of a 27,350
square foot basement, 25,807 square foot first floor and 19,747 square foot
second floor on an undeveloped 1.769 acre lot and to establish and operate a
commercial self storage facility that exceeds 50,000 sf. The project is located at
33000 Valle Rd, generally located; 2320 feet south of La Novia, and directly
adjacent to Valle Rd and more specifically referred to as assessor parcel
number: 666-301-13.. This project approval is based on and subject to the
application materials prepared by James Goodman and Associates dated and
revised to January 7, 2009 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
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 2 of 14
promptly notify the applicant of any claim, action, or proceeding concerning the
project and the City shall cooperate fully in the defense of the matter. The City
reserves the right, at its own option, to choose its own attorney to represent the
City, its officers, employees, and agents in the defense of the matter.
5. _The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of
their responsibilities to comply with these conditions of approval and all pertinent
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. — Approval of this project shall become effective on the date that Ordinance No.
<xxx> adopting <Rezone 08-002; Modification to' Comprehensive Development
Plan 81-01 becomes effective.
7. _ Sign approval for the project is a separate process requiring the issuance of a
sign permit and building permits, and is subject to review and approval by the
Community Development Department and Building and Safety Department.
8. _ In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and
the plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
9. _ The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor, dust,
vibration, wastes, fumes, Ior any public nuisances arising or occurring incidental
to the establishment or operation.
10. _ The applicant shall pay all fees at the time fees are determined payable and
comply with all requirements of the applicable federal, state, and local agencies.
The duty of inquiry as to such requirements shall be upon the applicant.
11. _ The applicant is responsible for paying required fees to the California Department
of Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
12. _ All applicable approvals and clearance from other departments and agencies
shall be on file with the Building and Safety Department prior to issuance of any
permits, final inspections, utility releases and/or release of securities, as specified
in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading permits for
the project.
13. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant
shall fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and
post securities to ensure satisfactory performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment control,
sewer, water, street, and all appurtenant improvements. (PW -ENG)
14. Construction Cost Estimate. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review, and obtain approval for, an estimate
of quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Pape 3 of 14
improvements, signing and striping, street lights, storm drains, water, sewers,
recreational trails; landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW -ENG)
15. _ Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated
improvement cost as prepared by a Registered Civil Engineer and approved by
the City Engineer and City Attorney for each applicable, but not limited to, street
improvements; signing, signalization, striping and street lights; storm drains,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private
slopes and open space. In addition, the applicant shall provide Labor and
Materials Bonds/Securities for 100% of the above estimated improvement costs
as determined by the City Engineer. (PW -ENG)
16. _ Grading Plans. Prior to issuance of a grading permit, the applicant shall submit.
the required number of copies of grading plans, prepared by a'Registered Civil
Engineer, to the Engineering and Building Department for review and approval by
applicable departments. Conceptual grading plans shall be subject to review by
the Design Review Committee. Precise grading shall be consistent with the
approved conceptual grading plan and site plan. These plans shall show, at
minimum, the limits of grading, the drainage, any applicable retention/detention
basins, sewer, water, trails, parkways, streets and all appurtenant improvements.
The extent of the topography shall be extended enough to determine the
geological and drainage impacts to adjacent properties. The elevations shall
correspond with the orange County benchmark datum. All drainage must be
treated prior to being conveyed to the street or a City approved drainage facility
in accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plans shall show'the following
information: (PW-ENG/CD)
a. Location of all existing trees and indicate trees to be removed and trees to
remain in place (CD)
b. Show and identify all pedestrian access ways and traffic crossings on the site
plan. Crossings shall be clearly marked, lighted and identified throughout the
interior of the project. Design of these areas shall be reviewed and approved
by the applicable City departments and shall comply with Title 24
Handicapped Accessibility Standards and City Building Codes. Where
pedestrian aisles cross driveways, enhanced paving shall be used. (CD)
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (CD)
d. Location, height, materials and colors of any retaining walls. (CD)
e. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning and
heating units, utility boxes, and backflow devices. All equipment shall be
screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (CD)
f. Show the location and method of operation of any vehicle restricting gates on
the site plan. The gates shall be subject to the approval of the City Engineer
and the Fire Department. Where gates are used, a portion of the guest
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 4 of 14
spaces shall be accessible without passing through a security entrance.
(ENG/PLN)
17. _ Drainage Improvement plans. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review and obtain approval for Drainage
Improvement Plans, specific to the project, which reflect consistency with the
City's Drainage Master Plan. These plans shall show locations of all existing and
proposed facilities. All drainage must be treated prior to being conveyed to the
street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System. If an existing down stream drainage
facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently
save to properly carry the proposed and altered discharge generated by this
project, the applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner acceptable to
the City Engineer. Any deviation from such requirements shall be subject to City
Engineer review and approval. Every proposed drainage system shall be placed
within its proper easement and appropriately dedicated. (PW -ENG)
18. _ Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a precise
grading. permit, the applicant shall submit to the City Engineer for review and
obtain approval for a Storm Runoff Management Plan, prepared by a Registered
Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic
study and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
negatively affecting existing downstream drainage systems and properties. Said
study shall be consistent with the City's Master Drainage Plan in accordance with
all applicable City. regulations, OCEMA design criteria, and standards. (PW -ENG)
19. _ Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to
determine the seismic safety and soils stability of all proposed grading and
development improvements for the project and preliminary pavement sections.
and substructure bedding/backfill recommendations. (PW -ENG)
20. _ Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review
and shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices prepared by a Registered Civil Engineer. These plans
.shall show, in accordance with the NPDES Permit, all temporary and/or
permanent erosion and sediment control measures, effective planting of graded
slopes, practical accessibility for maintenance purposes and proper precautions
to prevent public trespass onto certain areas where impounded water may create
a hazardous condition. (PW -ENG)
21. _ Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty cubic
yards in and out of the project site, the applicant shall submit to the City Engineer
for review and obtain approval for, a Haul Route Plan specific to the project and
in compliance with all applicable City standards. The Haul Route Plan shall
specify dates, times, and headways for hauling activities. Prior to
commencement of haul activities, the applicant shall obtain a Haul Route Permit
and pay required fees to the Engineering Department. (PW -ENG)
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 5 of 14
22. _ Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for
Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, .as identified in the approved
Traffic Study prepared pursuant to City Council Policy 310. Any exception shall
be subject to review and approval by the City Engineer (PW -ENG)
23. _ Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer
for review and obtain approval for a program complying with the requirements of
the California Integrated Waste Management Act of 1989 to reduce construction
and demolition debris through recycling. (PW -ENG)
24. _ Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a precise
grading permit, for any property wholly or partially located within the Special
Flood Hazard Area A, as established by the Federal Insurance Rate Map (FIRM),
building pad elevations may be required to be constructed above a specific
elevation, which shall be confirmed with the Federal Emergency Management
Agency (FEMA) during Grading Plan Design. (PW -ENG)
25. _ Flood Control Channel Work. Prior to issuance of grading and right-of-way
improvement permits, for any portion of the project containing an earthen flood
control channel, the applicant shall submit to the City Engineer, a clearance from
the appropriate State, Federal, and local agency having jurisdiction over any
changes to the channel. (PW -ENG)
26. _ Building Pad Elevations in Flood Areas. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall provide to the Engineering and
Building Director a letter of verification from the Flood Insurance Administration
(FIA) confirming that the proposed building pad elevations are designed above
the minimum specific elevation required by FIA. (PW -ENG)
27. FEMA Reauirements to Revise Flood Insurance Rate Map (FIRM). Prior to
issuance of grading and right-of-way improvement permits, for any property
wholly or partially located within the 100 -year Flood Hazard Area on the Flood
Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for
review and obtain approval for all documentation required by the Federal
Emergency Management Agency (FEMA) or revision to the FIRM and pay all
preliminary and subsequent fees as required by FEMA. (PW -ENG)
28. _ 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.
29. _ Connection to City Drain must be Documented and Filed. Prior to issuance of
grading permit, any proposed connections to existing public storm drains system,
from on-site drains, must be approved by the City Engineer. All documentation
and revisions to exiting plans, where points of connections are permitted, shall be
provided and submitted by the applicant's engineer at applicant's expense, prior
to acceptance to improvements and release of performance securities. (PW -
ENG)
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Pape 6 of 14
30. _ 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 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 -
ENG)
31. _ NPDES Permit for Gradinq in Excess of one (1) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of one (1)
acre, the applicant shall submit a Notice of Intent (NOI) To the California 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 -ENG)
32. _ Public facilities located in easements. Prior to issuance of grading permits, all
public facilities such as drainage, sewer, and water shall be designed to be
located within the public right-of-way or within dedicated easements, as approved
by the City Engineer. (PW -ENG)
33. _ Existinq Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the project shall
be redesigned accordingly as approved by the City. (PW -ENG)
34. _ Permission to Grade from Others. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer, for any necessary off-site grading, a
notarized written permission from adjacent property owners affected by said off-
site grading. (PW -ENG)
35. _ Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage
acceptance letter from each affected property owner shall be submitted to the
City Engineer when the pre -developed storm runoff onto any adjacent property is
increased, concentrated, diverted, or changed in any form as required by State
law. Any request to deviate from this requirement shall be subject to review and
approval by the City Engineer. (PW -ENG)
36. Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way, emergency
access including the spine access road, traffic/parking study, and the on-site
driveway and loading zone emergency access areas of the proposed project
shall be reviewed and approved by the Orange County Fire Authority (OCFA).
37. _ Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County Fire
Authority , (OCFA) the required fire flow demands and the fire protection
requirements to serve the subject project and shall provide evidence of
satisfactory fire flow. (OCFA)
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 7 of 14
38. _ 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 -ENG)
The following conditions shall be completed prior to or in conjunction with the issuance
of building permits:
39. _ 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)
40. Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Department for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Community Development
Commission, Design Review Committee, and/or Community Development
Director (as applicable). Plans shall address the following: (CD)
a. The final conditions of approval shall be incorporated into, the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location and method of screening for all roof -mounted and building -mounted
equipment shall be demonstrated on the elevations, including but not limited
to kitchen exhaust vents, air conditioning and heating units, utility boxes, and
backflow devices. All equipment shall be screened from public view and
designed to be an integral component of the building design. All roof -mounted
equipment shall be screened from view by parapet walls or other architectural
means. The applicant shall demonstrate to the satisfaction of the City Planner
that no roof -mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures .and include landscaping
where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts must
be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building architecture.
41. Sewer and Water Plans. Prior to the issuance of right-of-way improvements
permits, the applicant shall submit to the City Engineer and the Public Works
Director for review, and shall obtain approval for, sewer and water plans
prepared by a Registered Civil Engineer. These plans shall be. specific to the
project and shall reflect consistency with the City's Sewer and Water Master
Plans, City municipal codes, standards, specifications, and City water standard
specifications. The sewer plans shall indicate that all proposed sewer manholes
shall be lined with polyurethane, or equal approved material, at the applicant's
cost to the satisfaction of the City Engineer (ENG/PW).
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 8 of 14
42. _ 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. (PW -ENG)
43. _ 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 -ENG)
44. 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.
45. 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.
(UTIL)
46. _ 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
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)
47. Water Improvement Agreement. Prior to the issuance of permits for any water
improvements, the applicant shall execute a Water Improvement Agreement with
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 9 of 14
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)
48. _ 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 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)
49. _ Historic Depiction Program/Monumentation Plan. Prior to issuance of any
building permits, thirteen copies of the historic depiction program including
wording on all monumentation, shall be submitted to the Historic Preservation
Manager for review and approval pursuant to City Council Policy 606. Prior to
issuance of a Certificate of Occupancy, the Historic Depiction Program (HDP)
shall be installed and inspected for compliance with the approved design. (CD)
50. _ Final Photometric Plans. Prior to issuance of building permits, the Final
Photometric Plan shall be submitted to the Community Development Department
for review by the Design Review Committee (DRC). Plans shall include the
following information and requirements: (CD)
a. Show the location of decorative light standards and fixtures, including building -
mounted light fixtures, to illuminate the parking area and other areas accessible
to members of the public and the proposed illumination levels of these lights,
extending ten (10) feet beyond the property line.
b. Demonstrate that lighting shall not create off-site light and glare in violation of
the Title 9, Land Use Code.
c. Maximum permitted luminaire heights in commercial areas of the project shall'
be as specified by the lighting fixture schedule on the Community Development
Commission -approved preliminary plans. Maximum permitted luminaire
heights in residential areas shall not exceed 15'-0". (CD)
d. For commercial projects or commercial areas of mixed-use projects, the
minimum permitted illumination within parking areas and walkways shall be
1.0 -foot candle. The maximum permitted illumination on-site shall be 5.0 -foot
candles, except that if the site abuts residentially -used or designated land, the
maximum illumination adjacent to these uses shall be 1.0. For residential
projects or residential areas of mixed-use projects, the minimum permitted
illumination within parking areas and walkways shall be 0.25 -foot candle and
the maximum permitted illumination on-site shall be 0.5 -foot candles.
e. Exterior lighting shall be reduced to the extent feasible during hours that the
business is not in operation.
Resolution #09-01-13-01 . Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Pape 10 of 14
51. _ 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)
52. _ 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)
53. _ 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)
54. _ 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
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 and requirements shall be met continuously during
construction, following issuance of any grading & building permits and prior to
issuance of any occupancy permits:
55. _ Compliance with approved plans. At all times during construction, the applicant
shall ensure compliance with approved construction mitigation plans, including:
(PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(CD)
56. _ Pre -construction Meeting. Contractor shall attend a pre -construction meeting with
the Building and Safety Division prior to commencement of any construction on
the site. (PLN-B&S)*
57. _ Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues: (PW -ENG)
a. If any drainage problem is identified or does occur during construction, the
applicant shall provide and implement a solution acceptable to the City
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Pape 11 of 14
Engineer at no cost to the City, and submit a recorded instrument to insure the
future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved grading
plans shall require a written approval from the City Engineering and Building
Director and shall be subject to supplemental Geotechnical Soils Report and
additional fees. (PW -ENG)
58. _ Grading to be continuous operation. All grading work shall be performed in either
one continuous operation or in phases that have been approved by the City.
(PW -ENG; PLN-B&S)
59. _ Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
60. _ 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)
61. _ Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (CD)
62. _ Emergency Access Road. An emergency access road with two points of ingress
and egress is required to serve this project during all phases. Access.roads shall
be a minimum of twenty (20) feet of pavement or other all-weather surface as
approved by the City Engineer. Any request to deviate from this requirement
shall be subject to review and approval by the City Engineer. (PW -ENG)
The following conditions shall be met prior to acceptance of improvements and release
of bonds and/or surety, final utility clearances, or granting permission to use or occupy
the project site, as specified below:
63. _ Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release of
performance securities, whichever occurs first, the applicant shall complete, to
the satisfaction of the City Engineer, all facility improvements required and
necessary to serve the development in accordance with the approved plan and
approved exceptions. In the case of a phased project, the provisions of this
condition shall be applied to each phase (PW -ENG)
64. _ Provide As -Built Mylars/Digital Format. Prior to acceptance of improvements and
release of performance securities, the applicant shall submit to the City Engineer
for review and obtain approval for the reproducible "As Built" Duplicate Mylar
Plans of all improvement works completed and accepted. Said plan shall be
prepared by a Registered Civil Engineer. Additionally, the applicant shall submit
digital copies of all "As Built" plans, at no cost to the City, in accordance with the
latest edition of the City of San Juan Capistrano Digital Submission Standards.
(PW -ENG)
65. _ 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
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 12 of 14
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW -ENG)
66. _ 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."
(PW)
67. _ 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 -ENG)
68. Replace Driveway 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 -ENG)
69. _ Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant, depending
on the condition of these improvements prior to and after construction. (PW -
ENG)
70. _ 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/ENG)
71. _ Installation of Landscaping. Prior to approval of final inspection (of each phase)
the developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that the
landscape materials and irrigation system (tested for full coverage) have been
planted and installed in compliance with the approved landscape plans.
Additionally, all bicycle racks, pedestrian walkways, seating, and other
improvements shown on the Final Landscape Plan shall be installed to the
satisfaction of the Community Development Department. (CD)
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 13 of 14
72. _ Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all improvements
cannot be installed prior to occupancy, the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements provided
that a bond, cash deposit, or other surety in a form and substance approved by
the City Attorney, is submitted to the City in lieu of installation of the
improvements, that application and required fees are submitted, and that the
incomplete improvements will not create an unsafe condition on the site. The
term of the deferral shall be as determined by the City Planner. (CD)
73. _ Sign Program. Prior to the issuance of a certificate of occupancy the applicant
shall submit a sign program detailing any and all proposed signs. This program
shall be reviewed by the Design Review Committee and approved by the
Planning Commission.
74. _ 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)
75. _ 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)
76. _ Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking
— Fire Lane" as approved by the Fire Department. (OCFA)
77. _ 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)
78. _ Utility Undergrounding_ Prior to issuance of certificate of occupancy, the applicant
shall underground, at no cost to the City, the overhead utility lines within the
property and along its street frontage(s) to the satisfaction of the City Engineer.
Any exception to, or deviation from this condition shall be subject to review and
approval by the City Engineer. (Engr.).
The following ongoing conditions shall be complied with at all times after completion of
the project.
79. _ Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (CD)
80. _ Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (CD)
Resolution #09-01-13-01 Conditions of Approval
(AC) 08-014, (CUP) 08-012, and (RZ) 08-002 Page 14 of 14
81, 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)
82. _ Future Parking Demand. In the event that future land uses require additional
parking, the applicant must obtain the necessary land use approval that
demonstrates that sufficient parking is being provided for all land uses within the
building or on the property. (CD)
Responsible Agencies: CD: Community Development Department
CD-B&S: Community Development -Building & Safety
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acc ce of Conditi of Approval:
Applicant Sign -7 to
App
licant's name (print)