PC Resolution-09-05-26-01 PC RESOLUTION NO. 09-5-26-1
REZONE (RZ) 07-02, TENTATIVE PARCEL MAP (TPM) 07-191
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA RECOMMENDING CITY COUNCIL CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT AND RECOMMENDING CITY COUNCIL APPROVAL OF A
68,000 GROSS SQUARE FEET (GSF) COMMERCIAL OFFICE PROJECT LOCATED ON THE
EASTSIDE OF RANCHO VIEJO ROADAND NORTH OF SPOTTED BULL LANE(ASSESSORS
PARCEL NUMBERS: 650-011-34 & 39) (KOLL. SAN JUAN)
Whereas, the Koll Company has requested approval of development plans for a
proposed commercial office development with nine(9)buildings encompassing 58,000 gross square
feet (GSF) of building area on an existing 7.8 net acre (9.2 gross acres) property located on the
east side of Rancho Viejo Road and north of Spotted Bull Lane. The subject property is General
Plan-designated "5.0-Public & lnstitutional":The Public& Institutional designation provides forthe
development of schools, churches, fire stations, community centers, utility substations and office
complexes,and is classified as"PC"(Planned Community)on the Official Zoning Map and is subject
to the provisions of Comprehensive Development Plan 90-02, Mammoth Equities; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
General Review Procedures of Title 9, Land Use Code of the San Juan Capistrano Municipal Code;
and,
Whereas, the Environmental Administrator required preparation of an environmental
impact report pursuant to Section 15081 of the California Environmental Quality Act (CEQA)
Guidelines; issued the Notice of Preparation pursuant to Section 15082 of those guidelines, has
overseen the preparation of the draft environmental impact report prepared pursuant to Section
15084 of those Guidelines, has issued a Notice of Completion pursuant to Section 15085 of those
Guidelines, has provided for public review of the draft environmental impact report pursuant to
Section 15087 of those guidelines; reviewed all comments and prepared responses to comments
pursuant to Section 15088 of those guidelines; has otherwise complied with all applicable provisions
of the California Environmental Quality Act(1970); and all mitigation measures have been included
in a Mitigation Monitoring Reporting Program (MMRP); and,
Whereas, the Environmental Administrator required re-circulation of the traffic and
circulation chapter of the Draft Environmental Impact Report(EIR)to allow additional analysis of the
project's Potentially Significant Impacts to the Avery Parkway intersections situated with the Cities of
Laguna Niguel and Mission Viejo based on comments received during the initial review and
comment period; and,
Whereas, the Transportation Commission conducted a duly-noticed public meeting
on February 11, 2009 to consider the proposed project, potential traffic impacts, and proposed
mitigation measures and, after due consideration,forwarded the project to the Planning Commission
for final action with recommendations; and,
Whereas, the Planning Commission has considered the Environmental
Administrators determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental docu-nentation and technical studies; and,
RZ 07-02, TPM 07-191, Koll San Juan
PC Resolution 09-5-26-1 2 May 26, 2009
Whereas, the Planning Commission conducted duly-noticed public hearings on
February 10, February 24, March 10, April 28, and May 26, 2009 pursuant to Title 9, Land Use
Code, Section 9-2.335 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 hereby finds the following with respect to the Draft Environmental Impact
Report (EIR):
1. The Draft Environmental Impact Report (EIR) has been prepared pursuant to and in
compliance with Section 15081 of the California Environmental Quality Act (CEQA)
Guidelines; and,
2. The City issued the Notice of Preparation pursuant to and compliance with Section 15082 of
the CEQA Guidelines, has addressed all CEQA-relevant issues raised as part of the Notice
of Preparation(NOP)scoping process, and the Draft Environmental Impact Report(EIR)has
been prepared pursuant to Section 15084 of those Guidelines, and,
3. The City issued a Notice of Completion pursuant to Section 15085 of those Guidelines and
provided a 45-day public review period and provided the requisite documents to the State
Clearinghouse (SCH)for review and comment pursuant to Section 15087 of the California
Environmental Quality Act (CEQA) Guidelines; and,
4. The City has reviewed all comments and prepared responses to comments pursuant to and
in full compliance with Section 15088 of the California Environmental Quality Act (CEQA)
Guidelines, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act and,
5. The City has identified and disclosed all potentially significant impacts, identified appropriate
mitigation measures to reduce impacts to a level of insignificance, and all mitigation
measures have been included in a Mitigation Monitoring Reporting Program prepared
pursuant to and in full compliance with the California Environmental Quality Act (CEQA)
Guidelines and where certain traffic impacts cannot be mitigated due to outside agency
jurisdiction (California Department of Transportation, City of Mission Viejo, City of Laguna
Niguel), the City Council will need to consider adoption of a Statement of Overriding
Considerations; and,
6. Prior to City Council certification of the Final Environmental Impact Report (EIR), the City
Council will consider detailed Findings of Fact with respect to the California Environmental
Quality Act (CEQA), and make all necessary findings prior to certification of the Final
Environmental Impact Report (EIR).
NOW,THEREFORE, BE IT RESOLVED,that the Planning Commission of the City of
San Juan Capistrano does hereby make the following findingswith respect to the Rezone (RZ)..
1. The proposed zone change is consistent with the General Plan land use map and applicable
goals and policies because the property is designated by the General Plan Land Use
Element's Land Use Policy Map as "5.0-Public& Institutional"which allows provides for the
development of"office complexes"as proposed by the subject application, and establishes
RZ 07-02, TPM 07-191, Koll San Juan
PC Resolution 09-5-26-1 3 May 26, 2009
an 0.40 floor area ratio (FAR) as the maximum intensity of development within the land use
designation and the proposed project requests approval of 68,000 gross square feet(GSF)
of commercial office space resulting in an 0.20 FAR which is half the maximum intensity
permitted under the General Plan.
2. The proposed zone change is consistent with the Land Use Code, including Article 1
General Plan Review and Table 2-1,Zoning Consistency Matrix because the proposed"PC"
(Planned Community) zone designation for the southerly portion of the project site is
consistent with Table 2-1,Zoning Consistency Matrix which expressly provides that the"PC"
(Planned Community) zoning designation is consistent with the "5.GPublic & Institutional"
General Plan land use designation. Furthermore,the proposed zone change is consistent
with the land use and development standards of Comprehensive Development Plan (CDP)
90-02, and the zoning standards related to parking, exterior lighting, noise, signs, tree
preservation, and transportation demand management(TDM)subject to the recommended
conditions of approval.
3. The site of the proposed zone change is suitable for the proposed land uses permitted within
the"PC"(Planned Community)Zone District because the proposed zone change consists of
an area of about 24,800 gross square feet (0.57 acres) which would be improved withthe
site entrance, and all or a portion of fifteen(15)proposed parking spaces and no commercial
office use nor structures are proposed within thearea subject to the zone change.
4. The uses allowed by the proposed zone change are compatible with existing and planned
uses on surrounding properties and the community in general because no commercial office
use nor structures are proposed within the area subject to the zone change and
consequently,the zone change does not raise an issue of land use compatibility per se and
furthermore, impacts to the existing residential lot to the southeast will be sufficiently
addressed the provision of privacy walls and landscaping along the common property line.
5. The proposed zone change is reasonable and beneficial at this time because the 0.57 acre
parcel which is subject to the zone change has the same General Plan land use designation
of "5.0-Public & Institutional" as the adjoining property to the north, is under the same
ownership as the property to the north, and the proposed zone change would place the
subject parcel under the same "PC" (Planned Community) zoning.
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 Tentative Parcel
Map (TPM):
1. The proposed map is consistent with the General Plan and Comprehensive Development
Plan 90-01, Mammoth Equities because the proposed map provides for the condominium
ownership of the proposed commercial office project and the proposed use is consistent with
the General Plan and the Comprehensive Development Plan which allow the development
of"commercial offices" as a permitted use.
2. The design and improvement of the proposed subdivision are consistent with the General
Plan and Comprehensive Development Plan 90-01 because the proposed map is limited to
providing for condominium ownership of individual office buildings or a portion of such
buildings, and the subdivision map does not propose nor require subdivision streets with
RZ 07-02, TPM 07-191, Koll San Juan
PC Resolution 09-5-26-1 4 May 26, 2009
public improvements serving separately awned parcels. Furthermore,the project includes
provisions for a sewer line extension at the southeast corner of the site to serve the Spotted
Bull Lane neighborhood at a future date when the residents have formed a special
assessment district or similar mechanism to fund aril construct sewer improvements.
1 The site is physically suitable for the type of development because as part of the General
Plan update and review process, completed in December 1999, the City confirmed a "5.0-
Public & Institutional" land use designation for the subject property and so, the City has
made a General Plan determination that the site is physically suitability for commercial office
development.
4. The site is physically suitable for the proposed density of development because due to the
topographic limitations and shape/configuration, the developable area of the site is limited
and so, the project proposes an 0.20 floor area ratio (FAR) which is one-half the 0.40
maximum intensity allowed under the General Plan Land Use Element.
5. The design of the subdivision or the proposed improvements will not cause environmental
damage or substantially and avoidably injure fish or wildlife or their habitat because the
project site consists of an in-fill parcel surrounded by existing office development, residential
development, and arterial streets and highways and will not result in potentially significant
environmental impacts because proposed mitigation provides that tree removals will not be
permitted during the nesting season for raptors orother protected bird species.
& The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because the City will convey to Koll the appropriate slope and landscape
easements for maintenance responsibility purposes while retaining the right,should the City
deem necessary, to enter the property and complete certain slope, irrigation, drainage, or
landscape improvements.
NOW,THEREFORE, BE IT FURTHER RESOLVED,that the Planning Commission
of the City of San Juan Capistrano hereby recommends City Council certification of the
Environmental Impact Report and approval of the Mitigation Monitoring Reporting Program(MMRP)
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 City Council approval of Rezone 07-02
amending the boundaries.of Comprehensive Development Plan 90-01, Mammoth Equities as
established by Exhibit B, attached hereto and incorporated herein.
NOW,THEREFORE, BE IT FURTHER RESOLVED,that the Planning Commission
of the City of San Juan Capistrano hereby recommends City Council approval of Tentative Parcel
Map (TPM) 07-191 subject to the conditions of approval established by Exhibit C, attached hereto
and incorporated herein.
RZ 07-02, TPM 07-191, Koll San Juan
PC Resolution 09-5-26-1 5 May 26, 2009
PASSED,APPROVED AND ADOPTED this 26'�day of May, 2009, by the following
vote, to wit:
AYES: Gene Ratcliffe, Ginny Kerr, Tim Neely, and Bruce Tatarian.
NOES: Robert Williams
ABSTAIN: none
Gene Ratcliffe, Acting Chairman
Grant Taylor, Assi t Planning Director
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
KOLL.SAN JUAN
SAN JUAN CAPISRANO, CA
Method of Tithing of
SC/MM No.-1-::Mitigation Measure/Standard Condition Verification TImplementation Responsibility
Traffic and Circulation
Prior to issuance of any site grading and/or right-of-
way improvementpermits for the i
importation/exportation of soil in excess of fifty (50)
cubic yards to or from the project site,the applicant
shall submit to the City Engineer for review and
obtain approval for, a Haul Route Plan specific to Prior to Issuance of any
MM 4.2-1a the project and in compliance with all applicable Plan Check Site Grading or Right-of- Engineering Department
City standards. The Haul Route Plan shall specify Way Permit
dates, times, and routes for hauling activities within
the City. Prior to commencing haul activities, the
applicant shall obtain City approval of the required i
Haul Route Permit and shall pay required fees to
the Engineering
Prior to issriance of any site grading and/or right-of-
way improvement plans; the applicant shall submit
to the City Engineer and obtain approval of Traffic !
Control Plans and final improvement plans for all Prior to Issuance of any i
traffic mitigation improvements, including both on-
MM 4.2-1b site and off-site, as identified in the approved Plan Check Site Grading or Right-of- Engineering Department
Traffic Impact Analysis (TIA) prepared pursuant to Way Permit
City Council Policy 310. Any exception to this
requirement shall be subject to review and written
a ro
val by the City Engineer. mm i
[ Prior to the issuance of the Certificate of
Occupancy, the Applicant shall provide the Director
€ of Public Works for the City of San:Tuan Capistrano
with a copy of a binding agreement, executed by
E the Applicant, and sent by the Applicant to the City
MM 4.2-2 of Mission Viejo expressing its commitment to Plan Check Prior to Issuance of Engineering Department
either: (1) install a southbound right-turn lane at Certificate of Occupancy
the Avery Parkway/Marguerite Parkway
intersection as mitigation for the direct impact of the
proposed project in exchange for execution of a
reimbursement agreement from the City of Mission i
Exhibit A KoY SJC Project
Mitigation Monitoring and Reporting Program Page 1
Method of Timing of
SCIMM No. Mitigation MeasurelStandard Condition J Verification Irrrplementation Res onsibility
Viejo, or(2) pay its fair share (2.02-percent) toward;
the installation of such improvement. Based on I
field measurements, this southbound right-turn lane
can besteed within the existing pavement. !
Prior to issuance of the Certificate of Occupancy,
the applicant shall provide the Director Public
Works of the City of San Juana Capistrano with a
copy of a binding agreement, executed by the
Applicant, and sent by the Applicant to the Cities of
Mission Viejo and Laguna Niguel expressing its
commitment to the Cities of Laguna Niguel and
Mission Viejo to provide a fair share contribution Prior to Issuance of
MM 4.2-3 j (122 percent) toward the cost for improvements to Plan Check Certificate of Occupancy Engineering Department
the left-turn at the Avery Parkwayl1-5 northbound
ramp and the Avery Parkwayl1-5 southbound ramp
intersections and an additional westbound through
lane at the northbound ramp to mitigate the
significant project-related direct and cumulative
impacts at this intersection. These improvements
will improve the intersection's level of service to a
" re- ro'ect"condition. m
Prior to issuance of the certificate of occupancy,
the applicant shall construct a dual eastbound left-
turn lanes and a shared through/right-turn lane to
mitigate the project-related direct impact at the J.
Serra Road/Rancho Viejo Road intersection. In
addition, the applicant shall pay a fair share fee I
(19.5 percent) for an exclusive eastbound right-turn
lane and dual northbound left-turn lanes to mitigate
the significant project-related cumulative impact at Prior to Issuance of
MM 4.2-4 Plan Check I Engineering Department
this intersection. Certificate of Occupancy i
i
Should a construction contract be awarded for these i
improvements by the City, or construction of these
improvements be undertaken by another entity, the
applicant shall pay a fair share fee to be determined
by the City for the project-related direct impact
mitigation described above, in addition to the fair
share fee for the project-related cumulative impact.
Prior to issuance of the certificate of occupancy,
the applicant shall be required to construct a Prior to Issuance of
MM 4.2-5 westbound right-turn lane to mitigate the direct Plan Check Certificate of Occupancy Engineering Department
impacts resulting from project implementation.
xhibit A Koff SJC Project
Mitigation Monitoring and Reporting Program Page 2
Method of __ .. Timing of
SCIMM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
Should a construction contract be awarded for
these improvements by the City, or construction of
these improvements be undertaken by another
entity, the applicant shall pay a fair share fee (12.5
percent) for the project-related direct impact
Lit described above.
Air Quality
Adherence to SCAQMD Rule 403, which sets
I SC 4,3-1 ! requirements for dust control associated with On-Site Monitoring During Grading and public Works Department
€ grading and construction activities. Construction
I Adherence to SCAQMD Rules 431.1 and 431.2, During Grading and _
SC 4.3-2 I which require the use of low sulfur fuel for On-Site Monitoring Construction Public Works Department
stationary construction e ui ment.
_ Adherence to SCAQMD Rule 1108, which sets Y
i ; During Grading and
SC 4.3-3 limitations on ROG content in asphalt. On-Site Monitoring Construction Public Works Department
Adherence to SCAQMD Rule 1113, which sets I During Grading and
SC 4.3-4 limitations on ROG content in architectural On-Site Monitoring Construction Public Works Department
coatings.
Adherence to Title 24 energy-efficient design
requirements as well as the provision of window j
SC 4.3-5 glazing, wall insulation, and efficient ventilation Plan Check Prior to Issuance of Community Development
methods in accordance with the requirements of Building Permit Department
the uniform Build"Code.
The followingmeasuresshall be implemented
during grading and construction by the project
contractor(s) to ensure that potential construction
impacts will be reduced to a less than significant
level.
• Use low emission mobile construction
equipment. The property owner/developer During Grading and
MM 4.3-1a shall comply with CARE requirements for On-Site Monitoring Construction Public Works Department
heavy construction equipment.
• Maintain construction equipment engines by
keeping them tuned. €
• Use low sulfur fuel for stationary construction
eggipment. This is required by SCAQMD
Rules 431.1 and 431.2.
• Utilize existing ower sources i.e., ower
Exhibit A Koll SJC Project
Mitigation Monitoring and Reporting Program Page 3
Method ofTiming of
SCtMM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
poles) when available. This measure would
minimize the use of higher polluting gas or
diesel generators.
• Configure construction parking to minimize
traffic interference.
• Minimize obstruction of through-traffic lanes.
Construction.should be planned so that lane
closures on existing streets are kept to a
minimum.
• Schedule construction operations affecting
traffic for off-peak hours to the best extend
when possible.
• Develop a traffic plan to minimize traffic flow
interference from construction activities (the
plan may include advance public notice of
routing, use of public transportation and
satellite parking areas with a shuttle service.)
• Prohibit truck idling in excess of five minutes.
• Use emulsified diesel fuels, and equip
construction equipment with oxidation
catalysts particulate traps, and other
verified/certified technologies, etc.
• Provide temporary traffic controls such as a
flag person, during all phases of construction
to maintain smooth traffic flow.
• Schedule construction activities that affect
traffic flow on the arterial system to off-peak
hour to the extent practicable.
• Reroute construction trucks away from
congested streets or sensitive receptor areas,
and appoint a construction relations officer to
act as a community liaison concerning on-site
construction activity including resolution of
issues related to PMio generation.
• Suspend all excavating and grading
operations when wind speeds (as
instantaneou�ust)exceed 25 mph. _ _
Prior to issuance of the grading permit, the
applicant shall submit an Air Quality Construction
MM 4.3-1 b Phasing and Management Plan to the City of San Plan Check Prior to Issuance of Public Works Department
Juan Capistrano for approval by the Planning Grading Permit
Director, The Air Quality Construction
Management Plan shall identi the numbers and
Exhibit A Koi!SJC Project
Mitigation Monitoring and Reporting Program Page 4
_. mm Method of Timing of
SC/MM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
types of equipment that will be used on a daily
basis and/or hours of operation of the equipment
during the grading phase of the project. The Air
Quality Construction Management Plan will include
calculations for the daily grading and construction
equipment operations, which confirm that
construction equipment emissions for NOx do not
exceed the daily significance threshold of 100
pounds per day recommended by the SCAQMD.
Noise
All construction activities shall be limited to the
hours between 7:00 a.m. and 6:00 p.m. Monday During Grading and i
MM 4.4-1a through Friday, and 8:30 a.m. through 4:30 p.m. on Fielding Monitoring Construction Engineering Department
Saturday. Construction and demolition should be
prohibited on Sundays or national holidan.__„
Equipment will use available noise suppression;
devices, including but not limited to soundproofing
enclosures for compressors and properly]
maintained residential grade mufflers on alll
construction equipment. Construction noise will be
3
I reduced by using quiet or "new technology",
equipment, particularly the quieting of exhaust During Grading and
MM 4.4-1 b noises by use of improved mufflers where feasible. On-Site Monitoring Construction Engineering Department
All internal combustion engines used at the Project
site will be equipped with the type of muffler
recommended by the vehicle manufacturer. In
addition, all equipment will be maintained in good
mechanical condition so as to minimize noise i
created by faulty or. poorly maintained engine,
drive-train and other components,
During all site preparation," grading and
construction, contractors shall minimize the staging
of construction equipment and unnecessary idling
of equipment in the vicinity of residential land uses. During Grading and
MM 4.4-1c The equipment stating areas shall be located at On-Site Monitoring Construction Engineering Department
least 150 feet from the nearest residence in order
to minimize intrusive noise during the construction
phase.
Temporary walls,barriers, and/or enclosures will be During Grading and
MM 4.4-1d erected around stationary construction equipment On-Site Monitoring Engineering Department
_
when such equi ment will be operated within 50 Construction
Exhibit A _ Koll SJC Project
Mitigation Monitoring and Reporting Program Page 5
Method of Timing of
SC/MM No.. "Mit,
i lation Measure/Standard Condition Verification Implementation Responsibility
feet of the homes located along the eastern
property boundary. Noise barriers and enclosures
will consist of absorptive material in order to
prevent impacts upon other land uses due to noise
reflection. In addition, complete enclosure
structures will close or secure any openings where
pipes, hoses or cables penetrate the enclosure
structure.
Notification will be given to residences within 300
feet of planned construction activities thirty (30)
days prior to commencement of construction
activity, and will include a brief description of the
project, the overall duration of each construction Prior to Issuance of
MM 4A-1 e stage, noise abatement measures that will taken, Notification Grading Permit Engineering Department I
I
and the name and phone number of the
construction site supervisor or his designee to
report any violation of a noise or mitigation
standard.
The air conditioning equipment shall
operated between the hours of 10:00 p.m. and 7:00' During Grading and
MM 4.4-2a a.m. Accordingly, all air conditioning units shall be On-Site Monitoring Construction Engineering Department
equipped with timers to ensure compliance with
these operating restrictions.
Prior to issuance of building permits for any
building on the project site, the applicant shall
submit for the City's review and approval a detailed
final noise assessment to determine the exact
location of the air conditioning units, the specific
model to be used, and any additional sound control
features necessary to ensure that the outdoor noise
level at the property line of the nearest residence
will not exceed 55 dB(A), which is the Municipal
Code's maximum noise level that can occur during Prior to Issuance of
MM 4,4-2b Plan Check Engineering Department
the evening operating period between 7:00 a.m. Building Permit
and 10:00 p.m. The noise assessment shall be
prepared by a qualified acoustical consultant and
shall identify and quantify the sources of noise
emanating from the air conditioning units and
identify the specific design features that must be
incorporated into the unit to achieve the City's
standard. Specific design features include, but are
not limited to, one or more of the following: (1) the
installation of a particular model of air
Exhibit A Koll SJC Project
Mitigation Monitoting and Reporting Program Page 6
Method of TTiming of -
SOMM No Mitigation Measure/Standard Condition Verification Implementation Responsibility
equipment that generates lower noise levels, (2)
strategically locating the equipment to achieve
maximum noise reduction, and/or (3) enclosing the
equipment within insulated sound walls. Because of
the proximity and orientation of the air conditioning
units with respect to the sensitive receivers, sound
walls around the mechanical equipment at their
currently planned location would not be effective in
reducing the noise level. Placement! sound walls
around the mechanical equipment would only,
achieve noise reduction if the equipment is
relocated to a location more distant from the large
retaining wall. The. City shall ensure that the
specific design features identified in the final noise
assessment are incorporated into the project plans.
Prior to issuance of the grading permit, the
! applicant shall construct the 7-foot sound wall at
the top of slope along the residential property line
as illustrated on Exhibit 4.4-3 subject to agreement
on design by the affected property owners. The l
barrier shall be constructed of any masonry[ E
material or 3/8"tempered glass or a combination of I
these materials. The sound wall shall be
continuous with no holes or gaps. Should i
construction of the permanent sound wall prior to Prior to Issuance of
MM 4.4-3 mass grading be deemed infeasible by the City Plan Check Grading Permit Engineering Department
Engineer or his designee, then prior to issuance of
any grading permit, the applicant shall install a
temporary construction noise barrier at the top of
easterly slope adjoining the Spotted Bull Lane
neighborhood. Following the completion of mass
grading, and prior to the issuance of any building €
permit for-on-site construction, the applicant shall i
remove the temporary sound wall and construct the
permanent 7-foot sound wall per Exhibit 4.4-3
Prior to issuance of building permits for all office !
buildings in the project area, the applicant shall !
submit for the City's review and approval a detailed
final noise assessment to demonstrate that each Prior to Issuance of
MM 4.4-4 office buildings interior noise level will not exceed Plan Check Building Permit Engineering ]department
the City's interior noise standard of 45 CNEL. The
final noise assessment shall be prepared by a
qualified acoustical consultant and shall identi
Exhibit R Kola SJC Project
Mitigation Monitoring and Reporting Program Page 7
- Method of Timing of m
SC/MM No. Mitigation Measure/Standard Condition Verification Implementation Responsibility
and quantify the sources of noise impacting the
building and identify the specific design features
that must be incorporated into each building to
I achieve the City's standard. Specific design
I features shall include multi-pane windows and/or
laminated glass windows and doors. The exact
window sound rating and other sound proofing
i features shall be specified by the acoustical i
consultant. Other design features that may be
required to provide the requisite attenuation include
the installation of additional insulation in the roof
and walls and additional layers of gypsum board on.
the interior side of the walls. The City shall ensure
that the specific design features measures are
incorporated into the project plans. Prior to
issuance of any Certificate of Occupancy (C of O),
the City shall conduct noise level readings to verify
that all office buildings comply with the City's
interior noise standard for commercial office use.
_ Aesthetics
Prior-to issuance of the building permit, the final
lighting plan shall be subject to review by the
Community Development Director or his designee
to verify compliance with the City's lighting
standards prescribed in Section 9.3-629 for
SC 5-1 maximum permitted illumination levels, lighting Prior to Issuance of Community Development
type, light pole height, and the provision of Plan Check
g p € Building Permit Department
I shielding/cut-offs within the parking areas and €
walkways. The plan shall also demonstrate to the
I satisfaction of the Community Development
Director or his designee that illumination will not
Icreate off-site ISM and_c Tare. I j
�_ .__
E
I Drainage and Hydrology
The project shall secure City approval of a
Stormwater Pollution Prevention Plan (SWPPP)
which shall emphasize structural and non-structural
[[[ Best Management Practices (BMPs) in compliance Prior to Issuance of
I MM 16.8-1 with NPDS Program requirements. Specific Plan Check Building permit Engineering Department
j measures shall include: j f
I � �
Siltation of drainage devices shall be handled
Exhibit R � Koll SJC Project
Mitigation Monitoring and Reporting Program Page 8
Method of Timing of
SCIMM No, Mitigation Measure/Standard Condition Verification Implementation Responsibility
through a maintenance program to remove
silt/dirt from channels and parking areas. I
3
Surplus or waste material from construction'
shall not be placed in drainage ways or within
the 1 00-year floodplain of surface waters. !
All loose piles of soil, silt, clay, sand, debris, or
other earthen materials shall be protected in a
reasonable manner to eliminate any discharge
to waters of the State.
During construction, temporary gravel dikes
shall be used as necessary to prevent
discharge of earthen materials from the site
during periods of precipitation or runoff.
Stabilizing agents such as straw, wood chips
and/or soil sealant/dust palliative shall be
used during the interim period after grading in
order to strengthen exposed soil until
permanent solutions are implemented.
Revegetated areas shall_ be continually
maintained in order to assure adequate
growth and root development.
Prior to issuance of the grading permit, the I
application shall prepare an Erosion Control Plan i
that includes specific measures to reduce the Prior to Issuance of
MM 16:8-2 Plan Check Engineering Department
potential for erosion. The Erosion Control Plan will Grading Permit
be subject to the review and approval of the City
En ineer.
Biological Resources
Any construction activities associated with I
development of the property shall be conducted
outside of the raptor/avian breeding season (i.e.,
MM 16.4-1 February 15 through August 30). If this is not On-Site Monitoring Prior to Issuance of Community Development
possible, a qualified biologist shall conduct a Grading Permit Department
nesting bird survey(s) prior to removing tees,
shrubs and tall herbaceous vegetation in order to E
prevent any violations of the META.
Exhibit A Koff SJC Project
Mitigation Monitoring and Reporting Program Page 9
Method of Timing of
SCIMM No, Mitigation Measure/Standard Condition Verification Implementation Responsibilit
Prior to the issuance of a grading permit, the
applicant shall prepare and 'submit to the City, a
tree removal plan that complies with the San Juan
MM 16.42 Capistrano Tree Removal Permit criteria. Each Plan Check Prior to Issuance of Community Development
tree to be removed that exceeds six inches in Grading Permit Department
diameter measured three feet above the ground
shall be identified on that plan, which shall be
subject to City review and approval. T
Cultural/Scientific Resources
Prior to issuance of any grading permit for mass
grading, the project applicant shall secure City
approval of the paleontological monitoring scope of
work and shall provide the City with a copy of the
executed contract for field monitoring of
paleontological resources. Prior to issuance of the
grading permit, the project applicant shall retain a
paleontologist to monitor, identify, collect, and
catalogue paleontological resources encountered Prior to Issuance of Community Development
MM 18.5-1 during mass grading. Collections of exposed Plan Check Grading Permit Department
fossils will be made by the paleontologist from the
lithologic units of high paleontologic importance. All
vertebrate and representative samples of mega-
invertebrate and plant fossils will be collected.
Productive sites will be excavated and
approximately 2,000 pound rock samples will be
collected to process for micro-vertebrate fossil
remains.
During any earth-moving activity associated with
the development of this property,the paleontologist;
will evaluate the geologic formations underlying the;
site and develop a monitoring schedule based on
[ the paleontologic importance of the rock unit
underlying the area of effect. Paleontologic;
MM 18.5-2 monitoring shall occur in accordance with theOn-Site Monitoring During Grading Community Development
following importance criteria established by the,a Department
paleontologist:
3
1) none-0% (0 days per week)
2) unknown- 40% (2 days per week)
f
3) low-20% (1 day per week)
4 high-60- 100% (3 to 5 days per week) _ €
MM 16.5-3 If any significant large fossil remains are uncovered On-Site MonitoringDurin Gradin Communit Dever
Exhibit A Koff SJC Project
Mitigation Monitoring and Reporting Program Page 10
Method of Timing of -....................
SC/MM No. Mitigation Measure/Standard Condition ]_-Verification Im lernentation Responsibility
during earth-moving activities the paleontologist will Department
I have the authority to divert earth-moving equipment
I away from the site until he or she has examined the
remains. If the remains are determined to be
important, the paleontologist will remove them. If
warranted, a sample of rock will be collected for
processing. The technician will be equipped to
allow for the rapid removal of fossil remains andlor
matrix and thus reduce the potential for
construction delays.
mmIf significant fossil remains are observed and if
safety restrictions permit, the construction
contractor will allow the paleontologist to safely Community Development
MM 16.5-4 determine if the material is significant. At the On-Site Monitoring During Grading Department
paleontologist's discretion, the grading contractor
may assist in the removal of the fossil remains and
rock to reduce any delay in construction.
For rock units with a high probability of yielding -
paleontological resources, including River Terrace
Deposits of San Juan and Trabuco Creeks (Qtr),
the rock will be examined periodically for
MM 16.5-5 microfossils by wet or dry screening. If important On-Site Monitoring During Grading Community Development
fossil remains are found as a result of screening, Department '
samples of sufficient size to .generate a
representation of the organisms preserved will be
collected and processed, if warranted, onsite or at
a convenient location.
Fossils recovered from the field or by processing
will be prepared, identified, and along with the
MM 16.5-6 accompanying field notes, maps, and photographs l On-Site Monitoring During Grading Community Development
I accessioned into the collections of a designated,! Department
accredited museum approved by the City's Historic!
Preservation Manager.
If grading is undertaken in the finer-grained
deposits, a paleontological monitor shall be on-site
.to examine the rocks and determine if fossils are
present or if there is a potential for fossils to be Community Development
MM 16.5-7 encountered during any future grading. In areas On-Site Monitoring During Grading Department
where the deposits are coarse-grained pebble to
cobble sandstones, a monitor shall be on-site
periodically to determine if fossils may occur in
interbedded sandstones.
ExhibitA Koli SJC Project
Mitigation Monitoring and Reporting Program Page 11
Method of Timing of
SC/MM No T. Mitigation Measure/Standard Condition Verification Implementation Responsibility
_ Soils and Geology
Prior to the issuance of a grading permit, the City
MM 16 6-1 f shall ensure that the grading plan incorporates the Pian Check Prior to Issuance of Engineering Department
€ recommendations presented in the geotechnical Grading Permit
resort prepared for the project.
Prior to the issuance of a grading permit, a sloped _
stability analysis shall be conducted to determine?
MM 16.6-2 the specific stability of the proposed slopes. The: Plan Check Prior to issuance of Engineering Department
slope stability analysis shall identify the design; Grading Permit
parameters for the on-site slopes.
I Corrective grading of approximately two feet inj m -
depth shall be required under building slabs and!
MM 16.6-3 On-Site Monitoring During Grading ? Engineering Department
foundations to five feet outside of the building
envelopes. _
All soil materials used as compacted fill, or material
processed in plane or used to backfill trenches,
should be moistened, dried, or blended as
MM 16.6-4 necessary to achieve a minimum of two percent On-Site Monitoring During Grading Engineering Department 1
over optimum moisture content, and densified to at
least 90 percent relative compaction as determined
by ASTM Test Method D 1557, i
Public Services
Prior to approval of a building permit, the applicant Prior to Issuance of
MM16.13-1 shall submit proof of OCFA review and approval of Plan Check Building Permit OCFA
the site plan. _
Prior to approval of any subdivision or
comprehensive plan approval for the project, if
determined necessary by the OCFA, the
designated site developer shall enter into a
MM 16.13-2 Secured Fire Protection Agreement with the Plan Check Prior to Project Approval OCFA
Orange County Fire Authority. This Agreement
shall specify the developer's pro rata share funding
of capital improvements necessary to establish
adequate fire protection facilities and equipment,
and/or personnel. _
All traffic signals on public access ways should Prior to Installation of
MM 16.13-3 include the installation of optical preemption Plan Check Traffic Required Traffic Engineering Department
devices. Signal(s)
Exhibit A Kat!SJC Project
Mitigation Monitoring and Reporting Program Page 12
CDP -t , Mammoth Equities
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Comprehensive Development Plan 90-02
Mammoth Equities P.C, page 6
EXHIBIT C
PC RESOLUTION #09-5-26-1
CONDITIONS OF APPROVAL
PROJECT LOG #: Tentative Parcel Map (TPM)07-191
PROJECT NAME: Koll San Juan
ACTION DATE: May 26, 2009
These recommended 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:
A. The subject project requests approval of a Tentative Parcel Map (TPM) to allow
condominium ownership of commercial suite space in a 68,000 gross square foot
(GSF) commercial office project on 7.8 net acre (9.2 gross acres)acres located at
located on the east side of Rancho Viejo Road and north of Spotted Bull Lane
(Assessors Parcel Numbers: 650-011-34 & 39). This project approval is based on
and subject to the application materials prepared by LPA, incorporated,the project
architects 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.
_ B. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
C. 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.
D. Legal Defense. The applicant/subdivider, its agents, and assignees shall defend,
indemnify and hold harmless the City of San Juan Capistrano, its elected and
appointed officials and employees, and its contract consultants, from any claim,
action or proceeding to attack, set aside, void, or annul any land use approval
associated with this project, including but not limited to environmental impact report
requirements under CEQA, rezoning approvals, subdivision map approvals,or other
applicable City Municipal Code Title 9 land use approvals. Upon notice provided by
City to the applicant/subdivider, its agents, or assignees, of service of process of
such claims or actions, the project proponent, its agents, and assignees, shall
immediately act to provide an appropriate defense to such claims or actions. The
applicant/subdivider shall consult with the City Attorney regarding appropriate
defense counsel in the event of the filing of such claims or actions. (DD)
Exhibit C
PC Resolution##09-5-26-1
Tentative Parcel Map (TPM) 07-191 Conditions of Approval
Koll San Juan Page 2 of 6
E. Mitigation Monitorin &-.-Reporting Program, This project shall comply with the
Mitigation Monitoring& Reporting Program adopted in conjunction with the approval
of the California Environmental Quality Act (CEQA) determination prepared for the
project. (CD)
F. CDP. This project shall comply with the provisions of Comprehensive Development
Plan 90-02 for the project. (CD & PW)
1. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE
FIRST FINAL MAP OR FINAL MAP, AS INDICATED BELOW, OR IN ACCORDANCE
WITH THE SUBDIVISION IMPROVEMENT AGREEMENT;
1.1 Compliance with Map Act and Municipal Code. Prior to approval of the final parcel
map, said map shall be prepared and submitted in full compliance with the State of
California Subdivision Map Act and the City of San Juan Capistrano Municipal Code,
except as authorized by the City Council and/or Planning Commission. PW).
1.2 Payment of Fees and Posting of Sureties. Prior to approval of the final parcel map,
the applicant/subdivider shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code, as last revised,the City Water Schedules
of Rates and Charges, as last revised, and post securities to insure satisfaction
performance of proposed improvements,including but not limited to, on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment control,
sewer, water, street and all appurtenant improvements. PW)
1.3 Public Facility Easements. Prior to approval of the final parcel map, the
applicant/subdivider shall demonstrate to the satisfaction of the City Engineer that
public facilities, such as drainage, sewer and water, are designed to be located
within adequate width and accessible easements and their surfaces shall be
maintained by the Property Owner's Association. Any exception shall be subject to
review and approval by the City Engineer. (PW)
1.4 Tentative Map Compliance and Closure Calculations. Prior to approval of the final
map, the applicant/subdivider shall submit to the City Engineer for review, and shall
obtain approval of, a final map in substantial compliance with the approved tentative
map. Said map shall be accompanied with traverse closure calculations and an
updated Title Search Report. (PW)
1.5 Property Owner's Association-Maintained Im rovements. Prior to approval of the
final map, the applicant/subdivider shall indicate on the final map that all
improvements,including but not limited to driveways, parking,drainage, street lights,
street signage, striping improvements, Water Quality Management Plan (WQMP)
improvements/features, graded slopes, retaining walls, sound walls, landscaping,
and irrigation facilities shall be maintained by the Property Owner's Association or
shall make other provisions for maintenance to be approved by the City.(PW)
1.6 Dedications and Maintenance Responsibility, Prior to approval of the final map, the
applicant/subdivider shall indicate on the final map, to the satisfaction of the City
Engineer, all appropriate dedication and access rights, stating their purposes and
their maintenance responsibilities. (PW)
Exhibit C
PC Resolution#09-5-26-1
Tentative Parcel Map (TPM) 07-191 Conditions of Approval
Koll San Juan Page 3 of 6
1.7 CC&Rs. Prior to approval of final map, the applicant/subdivider shall submit for
review, and shall obtain the approval of, the Community Development Director, City
Engineer, Public Works Director, and City Attorney, a set of Covenants, Conditions
and Restrictions (CC&Rs). Said CC&Rs shall be recorded with the final map and
shall include, but not be limited to, the following:
a. Creation of a Property Owner's Association for the purpose of providing
perpetual maintenance responsibility of all on-site areas and improvements
including, but not limited to, common areas, open space, project entries, slopes,
private medians and greenbelts, irrigation systems, landscaped areas,
retaining/privacy/sound walls, driveways, parking areas, structures, drainage
facilities, and all other areas to be owned and maintained by the Association.
(PW)
b. A statement indicating that proposed amendments to any of the CC&Rs shall be
submitted for review to the Community.Development Director and that, if the
Director determines that the amendment affects any project conditions of
approval or other City regulations or requirements, the amendment will then
require City Council approval prior to the amendment becoming valid. QD)
c. Eire prevention and defense provisions including: 1) a fire lane map, if required
by the Eire Chief; 2) provisions which prohibit parking in fire lanes and a method
of enforcement; 3) a method for keeping fire protection access easements
unobstructed; and 4) a requirement for approval of the Fire Chief for
modifications such as installation of speed humps or bumps, control gate
changes; or parking changes. (Fire)
d. Maintenance provisions for and a prohibition against building construction or
ornamental landscaping within private drainage easements and slopes within the
project by the Property Owner's Association(PW)
e. Provisions for the Property Owner's Association to maintain all Water Quality
Management Plan(WQMP)improvements/features, including retention/detention
basins, that are made a part of the National Pollutant Discharge Elimination
System(NPDES) permit issued by the City,and for inspection of open channels
and catch basins annually. In addition, a provision shall be included which
establishes a separate maintenance fund for the sole purpose of maintaining
such facilities. (PW)
f. A provision that gives the City the right to assume maintenance of any NPDES
facilities, if the City determines that the Property Owner's Association Property
Owner's Association has not maintained said facilities in accordance with the
permit requirements, and that, in such event, the Property Owner's Association
shall be financially responsible to pay City for the costs the City incurs in such
maintenance role. (PW)
g. A statement indicating that by October first of every year, annual fiscal year
reports will be furnished to the City in compliance with the reporting requirements
of codes and ordinances adopted by the City with respect to the NPDES
Exhibit C
PC Resolution#09-5-26-1
Tentative Parcel Map (TPM) 07-199 Conditions of Approval
Koll San Juan Page 4 of 6
program. (PW)
h. A provision requiring that all landscape contractors properly train their field crews
so as to prevent improper pruning/trimming or ornamental maintenance of the
California native plants, and providing an enforceable penalty which the HOA
may impose on the landscape contractor for violation of this provision including
but not limited to replacement of plant material with comparably sized new plant
material. (CD)
k. A provision that the Property Owner's Association (POA)would be responsible
for the cost of replacing any enhanced paving or stamped-concrete removed by
the City for the purpose of maintaining, replacing, repairing, or otherwise
conducting work on underground utilities including but not limited to waterlines,
sanitary sewer lines, and storm drainage lines within the proposed private
streets. (Pull)
1.8 Submission of Digital Map. Prior to recordation of final map,the applicant/subdivider
shall submit for review, and shall obtain approval from the Orange County surveyor,
of a digitized map pursuant to Orange County Ordinance 3809 of January 28, 1991.
The applicant/subdivider shall pay for all cost of said digital submittal, including
supplying digital copies to the City,of the final County Surveyor approved digital map
in DXF format. In addition, the applicant/subdivider shall provide the City with
digitized copies of all improvement (as-built) plans. (PW)
1.9 Dedication of Water Facilities. Prior to approval of the final map, the applicant/
subdivider shall dedicate on the final map, at no cost to the City, all public water
facilities, water rights and the required easements to the City for project
improvements. (Util)
1.10 Fire Protection Area Notation. Priorto approval of final map,the applicant/subdivider
shall place a note on the map or site plan meeting the approval of the Fire Chief that
all requirements for development and construction within a "Fire Protection Area",
including increased street widths, Class A roof assemblies,fire sprinklers, etc.will be
met. (Fire)
1.11 Sprinkler Notation. Prior to approval of final map, the applicant/subdivider shall
include a note on the map stating that all shall be protected by an automatic fire
sprinkler system in a manner meeting the approval of the Fire Chief. (Fire)
2, THE FOLLOWING CONDITIONS SHALL BE SATISFIE=D PRIOR TO ISSUANCE OF THE
GRADING AND/OR RIGHT-OF-WAY IMPROVEMENT PERMITS SPECIFIED BELOW,OR
IN ACCORDANCE WITH THE WATER IMPROVEMENT PHASING PLAN:
2.1 Permits Required: Prior to the commencement of any grading or construction activity
not provided for in previously-approved permits, the appropriate permit shall be
required.All improvement work,whether performed on-site or off-site,shall require a
building and/or grading permit to ensure the integrity and safety of all existing and
proposed improvements affected by construction activities.(PW)
Exhibit C
PC Resolution#09-5-26-1
Tentative Parcel Map (TPM) 07-191 Conditions of Approval
Koll San Juan Page 5 of 6
2.2 Mylar of Final Mai?. Prior to issuance of grading and right-of-way improvement
permits subsequent to final map recordation,the applicant/subdivider shall submit to
the City Engineer a reproducible copy/mylarofthe project's recorded final map.The
applicant shall also submit for review, and shall obtain approval of, the Orange
County surveyor of a digital Map pursuant to Orange County Ordinance 3809 of
January 28, 1991. The applicant shall pay for all costs of said digital submittal,
including supplying digital copies to the City of the final County Surveyor-approved
digital map in DXF format.All Digital Submissions shall conform to the latest edition
of the City of San Juan Capistrano Digital Submission Standards.(PW)
3. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
CERTIFICATES OF OCCUPANCY
3.1 Fling of..Property Corner Survey Records. Prior to issuance of a certificate of
occupancy, the applicant/subd€v€der's surveyor shall file the appropriate property
corner survey records with the County Surveyor and show written confirmation
indicating compliance with the County Recorder, as required by Section 8771 of the
Business and Professions Code (PW)
5. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ACCEPTANCE OF
IMPROVEMENTS AND RELEASE OF PERFORMANCE SECURITIES
5.1 Provide As-Built Mylars. Prior to acceptance of the works of improvements and
release of performance securities, the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of, the reproducible "as-built" mylar
plans of all on-site and off-site improvement works completed and accepted. Said
plans shall be prepared by a Registered Civil Engineer. Also, the applicant/
subdivider shall submit digital copies of all as-built plans in accordance with the
latest edition of the "City of San Juan Capistrano Digital Submission Standards".
(PW}
5.2 Videotape of Sewers and Storm Drain Pipes. Prior to acceptance of improvements
and release of performance securities, the applicant/subdivider shall submit to the
City Engineer for review, and shall obtain approval of, a videotape, filmed in the
presence of a City Staff representative/inspector, of all sewer and drainage
improvements. The videotape shall become the property of the City.(PW)
5.3 Monumentation and Corner Records. Prior to acceptance of improvements and
release of performance securities, the applicant/subdivider's surveyor shall set all
required monumentation and re-establish any damaged or destroyed monumentation
during construction. Monumentation, street centerline ties and appropriate corner
records shall be submitted to the City Engineer and filed with the County Surveyor in
compliance with AB 1414 and Sec. 8771 of the Business and Professions Code.
(PW)
5.4 Mylar Record Drawings Prior to the acceptance of water improvements and release
of performance securities, the applicant shall submit to the City Engineer and the
Water Engineering Manager for review, and shall obtain approval of, reproducible
"record drawing" mylar plans that call out any deviations from the approved signed
Exhibit C
PC Resolution##09-5-26-1
Tentative Parcel Map (TPM) 07-991 Conditions of Approval
Koll San Juan Page 6 of 6
plans of all the domestic water system, non-domestic water system, and the
landscape irrigation system. These record drawings shall also be submitted to the
City in digital format in accordance with the latest edition of the City of San Juan
Capistrano Digital Submission Standards. (Utilities & PW)
Responsible Agencies: CD: Community Development Department
CD-B&S: Community Development-Building & Safety
PW-ENG: Public Works-Engineering Division
UTI L: Utilities Department
OCFA: Orange County Fire Authority