PC Resolution-09-05-26-02PC RESOLUTION NO. 09-5-26-2
ARCHITECTURAL CONTROL (AC) 07-17, GRADING PLAN MODIFICATION (GPM) 0701
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL CONDITIONALLY APPROVE A
68,000 GROSS SQUARE FEET (GSF) COMMERCIAL OFFICE PROJECT LOCATED ON THE
EAST SIDE OF RANCHO VIEJO ROAD AND 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 68,000 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 & Institutional" and the designation provides for the 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 analysis of the project's
Potentially Significant Impacts to the Avery Parkway intersections situated with the Cities of Laguna
Niguel and Mission Viejo; 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
Administrator's determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental docu-nentation and technical studies; and,
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.
AC 07-17, GPM 07-01, Koll San Juan
PC Resolution 09-5-26-2 2 May 26, 2009
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):
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 findings with respect to the Architectural
Control (AC) application:
1: The proposed use and design of the project will comply with all applicable provisions of Title
9 of the San Juan Capistrano Municipal Code and any applicable specific plan or
comprehensive development plan because the Title 9, Land Use Code establishes a
number of provisions applicable to the proposed project related to parking, exterior lighting,
noise, signs, tree preservation, and transportation demand management (TDM). The
proposed parking has been designed to comply Section 9-3.535, Parking in terms of the
number of spaces, and the design of the proposed parking. A preliminary lighting plan has
AC 07-17, GPM 07-01, Koll San Juan
PC Resolution 09-5-26-2 3 May 26, 2009
been reviewed in the Draft EIR Aesthetics section and found to generally comply with the
provisions of the City's Section 9-3.529, Lighting and that plan indicates that at certain
locations along the project perimeter, light levels are estimated to be 0.1 footcandle (FC)
where the Code requires 0.0 FC. The EIR also evaluates noise impacts with respect to the
General Plan Noise Element and Section 9-3.531, Noise standards and concludes that
noise would be potentially significant and requires appropriate mitigation including
appropriate building design for the proposed commercial buildings (i.e. fixed -glazing, dual or
triple -glazed windows, door seals, etc.) based on an acoustic analysis of the final building
architecture; and to protect homes to theeast from highway noise impacts, a soundwall is
required as a mitigation measure along the common easterly property line to meetthe City's
noise standards. While a sign study was prepared for the purposes of conducting a visual
analysis of the project, a sign program will be required to be submitted for Planning
Commission review and approval for consistency with Section 9-3.543, Signs. Further,
Section 9-3.555, Transportation Demand Management establishes provisions applicable to
the proposed project which will be required to provide a rideshare information area, secure
bike storage, and preferential parking. Finally, Comprehensive Development Plan 90-02
includes specific design standards and development standards related to site design,
architecture, and landscaping.
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element because the
General Plan Land Use Element's Land Use Policy Map designates the subject property as
"5.0 -Public & Institutional" which expressly allows 'bffice complexes." Also, the Land Use
Element establishes an 0.40 maximum floor area ratio (FAR) whereas the project proposes
an 0.20 FAR, half the maximum intensity permitted under the General Plan. Finally, the
proposed project complies with the Architectural Design Guidelines subject to the
recommended conditions of approval which assures consistency with the General Plan
Community Design Element.
3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks,
parking, access, and other features pertaining to the application, except as otherwise
approved, because the proposed project provides sole project access from Rancho Viejo
Road, provides adequate parking and circulation consistent with Title 9, and proposes a
grading and development concept that protects the visual quality of Rancho Viejo Road, a
General Plan -designated "scenic corridor", and protects adjoining residential neighborhood
to the east from view impacts or obstruction by the proposed project.
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because the project
has been reviewed for compliance with Chapter VII, R&D Business/Industrial and the Design
Review Committee has evaluated the project for consistency. Furthermore, the Draft EIR
contains an independent analysis of project consistency with the Design Guideline's eight
design objectives for R&D Business/Industrial uses.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access and
circulation because the project design provides continuous Americans with Disabilities Act
(ADA) access throughout the site and a path -of -travel to the existing Class 1 bikeway along
the project frontage. The safety of the proposed entrance has been evaluated based on
design and accident data and has been determined to meet City and Caltrans safety
AC 07-17, GPM 07-01, Koll San Juan
PC Resolution 09-5-26-2 4 May 26, 2009
standards. Furthermore, to assure safety, the construction plans for the entrance will be
evaluated to confirm the entrance provides adequate sight -distance, and the Citywill require
turn lane improvements within Rancho Viejo Road to assure safe ingress and egress to the
site.
6. The proposed use and design of the project is compatible with surrounding existing and
proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development characteristics because the
project has been determined consistent with the applicable provisions of the Title 9, Land
Use Code including consistency with the land use and development standards of SDP
(Specific Development Plan) 90-02, zoning standards related to parking, exterior lighting,
noise, signs, tree preservation, and transportation demand management (TDM), and the
City's Architectural Design Guidelines.
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 Grading Plan
Modification (GPM) application:
The proposed grading modifications are consistent with the General Plan, Land Use Code,
Design Guidelines, and applicable specific plan or comprehensive development, including
but not limited to requirements for ridgeline protection, natural landform grading, minimizing
use and height of retaining walls, and effective use of landscaping for erosion control and
aesthetics because the proposed grading design generally follows the contours of the site
and uses buildings to transition grades from north to south, and a cut slope with buildings
screening the retaining wall. While the grade change is rather abrupt along the easterly
property line where a cut slope with a ± 20 foot retaining wall is proposed, the design
approach has been encouraged by staff so as to reduce the profile of the buildings and
maintain cross -valley views from the rear yards and windows of existing homes in the
Spotted Bull Lane neighborhood to the east. The project also proposes to preserve much of
the existing slope landscaping along Rancho Viejo Road and supplement the slope planting
with additional California native palette plants.
2. The proposed grading will remain consistent and compatible with immediately -adjacent lots
or units, including but not limited to blending of slopes with adjacent property boundaries,
rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a
design which harmonizes the design with the natural contours of the property and
surrounding lots because the proposed grading concept seeks to provide a natural slope
transition with the Mammoth Equities site to the north. In addition, the northerly parking area
has been depressed into the grade to preserve the visual quality and appearance of the
knoll at the north end rOff the site. The grading concept purposefully creates building pads
situated well below the grade of existing homes to the east so as to preserve views and
minimize lighting and noise impacts.
3. The proposed modified grading plan shows the location of proposed building footprints
which meet all required minimum setbacks for building as defined in the applicable zone
district, and minimum setbacks from the tops and toes of slopes as defined by Section 9-
4.313, Graded Slopes because the project has been reviewed by the Public Works
Department and determined to comply with the applicable provisions of this section of Title
9.
AC 07-17, GPM 07-01, Koll San Juan
PC Resolution 09-5-26-2 5 May 26, 2009
4. The proposed modified grading will not cause adverse impacts to other properties, including
but not limited to potential impacts on hydrology, water quality, views, trail easements, or
other aspects of development because the proposed project grading concept and site plan
have been designed to minimize the potentially adverse impacts on the Spotted Bull Lane to
the east and southeast through the grading concept design. Further., the Draft EIR
evaluates in detail the projects potentially significant environmental impacts, especially view,
noise and light impacts, and concludes that while certain of those impacts would be
potentially significant, proposed mitigation measures would reduce those impacts to a level
of insignificance.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Juan Capistrano hereby recommends City Council approval of Architectural
Control (AC) 07-17 and Grading Plan Modification (GPM) 07-01 subject to the conditions of approval
provided by Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 26th day of May, 2009, by the following
vote, to wit:
AYES: Gene Ratcliffe, Ginny Kerr, Tim Neely, aid Bruce Tatarian.
NOES: Robert Williams
ABSTAIN: none
Gene Ratcliffe, Acting Chairman
Grant Taylor, AssistCht Planning Director
EXHIBIT A
PC RESOLUTION # 09-5-26-2
CONDITIONS OF APPROVAL
PROJECT LOG #: Architectural Control (AC) 07-17
Grading Plan Modification (GPM) 07-01
PROJECT NAME: Koll San Juan
APPROVAL DATE: May 26, 2009
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:
T 1. The project consists of applications for the development of a nine -building, 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.
2.. All subsequent building and grading plans shall substantially comply with the
Planning Commission -approved and Design Review Committee (DRC) -approved
development plans as determined by the Community Development Director or his
designee.
3. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
4. 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.
5. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Page 2 of 20
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.
6. 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.
7. Approval of this project shall become effective thirty (30) days after the date of the
second reading of the Ordinance approving Rezone 07-02, Amending
Comprehensive Development Plan 90-02, Mammoth Equities.
8. Sign approval for the project is a separate process requiring that the applicant secure
Planning Commission approval of a Sign Program, and subsequently secure the
issuance of a sign permit(s) and building permit(s), subject to review and approval by
the Community Development Department and Building and Safety Department.
9. In the event that exhibits and written conditions are inconsistent with one another, 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.
10. The commercial office use of the property shall meet the standards and shall be
developed within the limits established by the Municipal Code as related to emissions
of noise, odor, dust, vibration, wastes, fumes, or any public nuisances arising or
occurring incidental to the establishment or operation.
11. 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.
12. 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.
13. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Department prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading permits for
the project.
1.1 Pay Fees and Post Sureties. Prior to issuance of grading permit, the applicant
shall fulfill all applicable engineering fee requirements in accordance with the City
Municipal Code and the Water Department fee schedule, as last revised, and
post securities to ensure satisfactory performance of proposed on-site and off-
site grading, drainage, landscape and irrigation, erosion and sediment control,
sewer, water, street, and all appurtenant improvements. (PW -ENG)
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Page 3 of 20
1.2 Construction Cost Estimate. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review, and obtain approval for, an estimate
of quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street
improvements, signing and striping, street lights, storm drains, water, sewers,
recreational trails, landscape, irrigation systems, setting of survey monuments
and centerline ties. (PW -ENG)
1.3 Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated
improvement cost as prepared by a Registered Civil Engineer and approved by
the City Engineer and City Attorney for each applicable, but not limited to, street
improvements, signing, signalization, striping and street lights; storm drains,
sewer, recreational trails, landscaping and irrigation in rights-of-way, private
slopes and open space. In addition, the applicant shall provide Labor and
Materials Bonds/Securities for 100% of the above estimated improvement costs
as determined by the City Engineer. (PW -ENG)
1.4 Grading Plans. Prior to issuance of a grading permit, the applicant shall submit
the required number of copies of grading plans, prepared by a Registered Civil
Engineer, to the Engineering and Building Department for review and approval by
applicable departments. 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)
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Pape 4 of 20
Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (ENG/PLN)
1.5 Drainage Improvement Plans. Prior to issuance of a grading permit, the applicant
shall submit to the City Engineer for review and obtain approval for Drainage
Improvement Plans, specific to the project, which reflect consistency with the
City's Drainage Master Plan. These plans shall show.locations of all existing and
proposed facilities. All drainage must be treated prior to being conveyed to the
street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System. If an existing down stream drainage
facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently
save to properly carry the proposed and altered discharge generated by this
project, the applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner acceptable to
the City Engineer. Any deviation from such requirements shall be subject to City
Engineer review and approval. Every proposed drainage system shall be placed
within its proper easement and appropriately dedicated. (PW -ENG)
1.6 Storm Runoff, Hydraulic/Hydrology Calculations. Prior to issuance of a precise
grading permit, the applicant shall submit to the City Engineer for review and
obtain approval for a Storm Runoff Management Plan, prepared by a Registered
Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic
study and calculations and the methods of draining on-site and tributary areas
without exceeding the capacity of any impacted street or facility and without
negatively affecting existing downstream drainage systems and properties. Said
study shall be consistent with the City's Master Drainage Plan in accordance with
all applicable City regulations, OCEMA design criteria, and standards. (PW -ENG)
1.7 Soils/Geology. Prior to issuance of grading permit, the applicant shall submit to
the City Engineer for review and obtain approval for a Soils Report/Geotechnical
Feasibility Study prepared by a Registered Geologist and Soil Engineer to
determine the seismic safety and soils stability of all proposed grading and
development improvements for the project and preliminary pavement sections
and substructure bedding/backfill recommendations. (PW -ENG)
1.8 Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review
and shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices prepared by a Registered Civil Engineer. These plans
shall show, in accordance with the' NPDES Permit, all temporary and/or
permanent erosion and sediment control measures, effective planting of graded
slopes, practical accessibility for maintenance purposes and proper precautions
to prevent public trespass onto certain areas where impounded water may create
a hazardous condition. (PW -ENG)
1.9 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
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Pape 5 of 20
obtain approval for, a Haul Route Plan specific to the project and in compliance
with all applicable City standards. The Haul Route Plan shall specify dates,
times, and headways for hauling activities. Prior to commencement of haul
activities, the applicant shall obtain a Haul Route Permit and pay required fees to
the Engineering Department. (PW -ENG)
1.10 Traffic Control Plans. Prior to issuance of grading and right-of-way improvement
priority, the applicant shall submit to the City Engineer and obtain approval for
Traffic Control Plans and final improvement plans for all traffic mitigation
improvements, including both on-site and off-site, as identified in the approved
Traffic Study prepared pursuant to City Council Policy 310. Any exception shall
be subject to review and approval by the City Engineer (PW -ENG)
1.11 Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City Engineer
for review and obtain approval for a program complying with the requirements of
the California Integrated Waste Management Act of 1989 to reduce construction
and demolition debris through recycling. (PW -ENG)
1.12 Properties in Flood Hazard Areas (FEMA). Prior to issuance of a precise grading
permit, for any property wholly or partially located within the Special Flood
Hazard Area A, as established by the Federal. Insurance Rate Map (FIRM),
building pad elevations may be required to be constructed above a specific
elevation, which shall be confirmed with the Federal Emergency Management
Agency (FEMA) during Grading Plan Design. (PW -ENG)
1.13 Flood Control Channel Work. Prior to issuance of grading and right-of-way
improvement permits, for any portion of the project containing an earthen flood
control channel, the applicant shall submit to the City Engineer, a clearance from
the appropriate State, Federal, and local agency having jurisdiction over any
changes to the channel. (PW -ENG)
1.14 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)
1.15 FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior to
issuance of grading and right-of-way improvement permits, for any property
wholly or partially located within the 100 -year Flood Hazard Area on the Flood
Insurance Rate Map (FIRM), the applicant shall submit to the City Engineer for
review and obtain approval for all documentation required by the Federal
Emergency Management Agency (FEMA) or revision to the FIRM and pay all
preliminary and subsequent fees as required by FEMA. (PW -ENG)
1.16 Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show that all
street sections located within 20 feet or less, from the toe of the slope of 10' in
height or more, are protected from underground water seepage by providing a
positive drainage barrier system in accordance with City Standard Drawing No.
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Pape 6 of 20
350. Any exception shall be subject to review and approval by the City Engineer.
1.17 City Drain Connection Documentation and Filing Requirements. Prior to issuance
of grading permit, any proposed connections to existing public storm drains
system, from on-site drains, must be approved by the City Engineer. All
documentation and revisions to exiting plans, where points of connections are
permitted, shall be provided and submitted by the applicant's engineer at
applicant's expense, prior to acceptance to improvements and release of
performance securities. (PW -ENG) .
1.18 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)
1.19 NPDES Permit for Grading in Excess of One (1.0) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of one (1.0)
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)
1.20 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)
1.21 Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the project shall
be redesigned accordingly as approved by the City. (PW -ENG) .
1.22 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)
1.23 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
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approval by the City Engineer. (PW -ENG)
1.24 Off-site Easements. Prior to issuance of a grading permit, applicant shall obtain
and record off-site easements from the affected property owner(s) for all
proposed off-site improvements (i.e. slopes, street improvements, walls,
drainage, etc.). The applicant shall bear all costs for obtaining said easements. If
said easements cannot be obtained, the project shall be redesigned to
incorporate these improvements entirely within the project boundary as approved
by the City. The City Engineer shall have the right to withhold approval. of the
affected improvement plans for failure to satisfy this condition. (PW -ENG)
1.25 California Department of Fish and Game (CDFG) Approval. Prior to issuance of a
grading permit, the applicant shall comply with any mitigation measures
established by the CDFG. The applicant shall provide evidence for review and
approval by the Community Development Department that the applicant has
complied with all mitigation measures established by the City as recommended
by the CDFG. (CD)
1.26 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).
1.27 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)
1.28 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:
2.1 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Community Development Department for review and approval. Such plans shall
be fully dimensioned and in substantial conformance with those plans approved
by the Community Development Department, 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 equipment shall be
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AC 07-1.7, GPM 07-01, Koll San Juan Page 8 of 20
demonstrated on the elevations, including but not limited to kitchen
exhaust vents, air conditioning and heating units, utility boxes, and
backflow devices. All equipment shall be screened from public view and
designed to be an integral component of the building design. All roof -
mounted equipment shall be screened from view by . parapet walls or
other architectural means. The applicant shall demonstrate to the
satisfaction of the City Planner that no roof -mounted equipment will be
visible from the public right-of-way. Screening shall be compatible with
main structures and include landscaping where appropriate.
C. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
2.2 Rancho Viejo Road Slope Easement. The City will convey to the Koll Company
the appropriate slope and landscape easements for 100% maintenance
responsibility of all manufactured slopes within the project and along Rancho
Viejo Road. However, the City shall retain the right, should it deem necessary, to
enter the property and conduct slope, irrigation, drainage, or landscape
maintenance improvements in the event the Property Owner's Association (POA)
does not maintain such improvements to acceptable standards. The Koll San
Juan Property Owner's Association shall be financially responsible for any
maintenance expenses of the City for slope, irrigation, drainage, or landscape
improvements. (CD)
2.3 Final Lighting & Photometric Plan. Prior to building permit issuance, the
applicant/developer shall submit a final photometric and lighting plan to the City
for review by the Community Development Director for compliance with Title 9,
Land Use Code, Section 9-3.529, Lighting and shall demonstrate that light levels
at the project perimeter do not exceed 0.0 footcandle (fc). The design of all
lighting fixtures shall be subject to review and approval by the Community
Development Director or his designee who may refer such plans to the Design
Review Committee (DRC) for review and approval. (CD)
2.4 Siqn Program. Prior to building permit issuance for any sign, the applicant/
developer shall prepare and submit a Sign Program to the Community
Development Department for review for compliance with Title 9, Land Use Code,
Section 9-3.543, Signs. The Sign Program shall be subject to Design Review
Committee (DRC) review and Planning Commission (PC) final action. (CD)
2.5 Transportation Demand Management (TDM). Prior to building permit issuance,
the applicant/ developer shall prepare and submit a Transportation Demand
Management Plan in compliance with Section 9-3.555, Transportation Demand
Management. Based on a single business user occupying not more than a
single building, and with a maximum building size of 10,456 gross square feet
(GSF) and 42 employees per building, the project is required to provide a
rideshare information area, secure bike storage, and preferential parking.
2.6 Historic Depiction Program/Monumentation Plan. Prior to issuance of any
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AC 07-17, GPM 07-01, Koll San Juan Page 9 of 20
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)
2.7 Final Landscape Plans. Prior to issuance of building permits, final landscape
plans shall be submitted for all entry statements, common areas, landscaped
slopes, and other POA -maintained areas to the Community Development
Department for review and approval by the Design Review Committee. Final
landscape plans shall show the following information and requirements: (CD)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought
resistant plants.
b. All trees on site to be removed and retained. Tree removals shall comply
with the City's Tree Permit requirements.
C. Turf areas shall be limited in area in designed to minimize overspray. Turf
areas shall be separated from non -turf areas by a mow strip or header.
d. All slopes of 2:1 and greater shall be permanently landscaped for erosion
control.
e. Backflow devices and utility pedestals shall be located so as to be visually
inconspicuous, or screened with landscaping.
f. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall be
used.
g. Location, height, materials and colors of all proposed and existing walls
and fences.
h. Location and details for all street furniture, . including bicycle racks,
benches, water features, trash receptacles, historic depiction devices, etc.
i. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures.
j. Trees shall be located so as to provide shade throughout parking lots,
with a minimum of one (1) tree per six (6) parking spaces.
k. Landscape planters shall be a minimum interior width of five (5) feet.
Where landscape fingers abut parking spaces, they shall not extend
closer than three (3) feet to the aisle end of the adjacent parking space. A
twelve (12) inch wide paved landing strip shall be provided inside the
curb, wherever a landscaped planter is located adjacent to a parking
space such that passengers exit a vehicle into the planter.
I. Where parking spaces are not provided with wheelstops, sidewalks
adjacent to such spaces shall be a minimum width of seven (7) feet.
M. All landscape islands which are located at the front of head -in parking
spaces shall be designed with a minimum two and a half (2-1/2) foot area
free from vegetation where the front of a vehicle may overhang the
planter.
n. The parking areas located adjacent to Rancho Viejo Road shall be
screened by low -profile wall, berm, or landscaped area, at least three (3)
feet in height, designed to shield vehicles and headlight glare.
o. Portions of the parking lot devoted to landscaping shall be provided with a
permanent automatic irrigation system designed for water conservation.
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2.8 Tree Preservation. The applicant/developer shall ensure that all trees designated
for preservation or planted on the site are protected during construction and
remain viable and healthy for twenty-four (24) months after issuance of a final
certificate of occupancy. Failure to do so shall be deemed a violation of the
provisions of the Title 9, Land Use Code and shall be subject to code
enforcement action by the City including, but not limited to, the issuance of
administrative citations against the project developer/owner. (CD)
2.9 Final Photometric Plans. Prior to building permit issuance, the applicant/
developer shall submit a final photometric and lighting plan to the City for review
by the Community Development Director for compliance with Title 9, Land Use
Code, Section 9-3.529, Lighting. The design of all lighting fixtures shall be
subject to review and approval by the Community Development Director or his
designee who may refer such plans to the Design Review Committee (DRC) for
review and approval and shall comply with the following:
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 or
depicting a value of 0.0 fc.
b. Demonstrate that lighting shall not create off-site light and glare in
violation of the Title 9, Land Use Code through the provision of shielding
and cut-offs.
C. Maximum permitted luminaire height be as specified by the lighting fixture
schedule on the City -approved preliminary lighting plans.
d. 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 where the project abuts the Spotted Bull
Lane neighborhood, the maximum illumination adjacent to these uses
shall be 1.0.
e. Between the hours of 9:00 pm and sunrise, all exterior lighting shall be
reduced to 50% of the maximum allowably. lighting under the approved
lighting and photometric plan. Exterior lighting shall be hard -wired to
programmable timers accessible only to the Property Owner's
Association.
2.10 Residential Property to the Southeast. Prior to the issuance of building permits
for the commercial office project, the applicant/developer shall include design
plans for constructing privacy improvements (i.e. privacy wall and landscaping)
along the common property line with the existing residential property to the
southeast (Assessor Parcel Number 650-01-127). The design and finish of the
privacy wall shall be generally consistent with the design and finish of the
soundwall, shall not exceed an overall height of 6-0", and shall be subject to
review and approval by the Community Development Director or his designee.
2.11 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
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building codes. (CD-B&S)
2.12 Street Improvement Plans. Prior to issuance of building permits, the applicant
shall submit to the City Engineer for review and obtain approval for Street
Improvement Plans prepared by a Registered Civil Engineer. Said plans shall be
designed per City standards and shall show all existing .and proposed
improvements, including but not limited to street grades, applicable traffic
calming devices, striping, signage, signalization, storm drain, sewer, water, and
all related appurtenances. (PW -ENG)
2.13 Capistrano Circulation Fee Program (CCFP). Prior to each building permit
issuance, the applicant/subdivider shall pay all applicable Capistrano Circulation
Fee Program (CCFP) fees in accord with the most recently City Council -adopted
fee schedule. (PW)
The following conditions shall be completed prior to or in conjunction with the issuance
of First Certificate of Occupancy:
2.14 Off -Site Circulation Improvement Requirements. Prior to issuance of the first
Certificate of Occupancy, the applicant/subdivider shall be responsible for the
design and construction of; and/or, the payment of fair -share monies for those
street improvements, determined by the City Engineer, as established by the City
Council -approved Mitigation Monitoring Reporting Program (MMRP). The
applicant/subdivider shall provide performance bonds/securities for 100 percent
of the estimated improvement cost for each improvement as prepared by a
Registered Civil Engineer and approved by the City Engineer and City Attorney.
In addition, the applicant/subdivider shall provide labor and materials bonds/
.securities for 100 percent of the estimated improvement costs as determined by.
the City Engineer. Any exception to or deviation from this condition shall be
subject to review and approval by the City Engineer (PW)
_ 2.15 Off -Site Circulation Improvement Requirements Subject to Partial
Reimbursement. Prior to issuance of the first Certificate of Occupancy, the
applicant/subdivider shall design and construct and be initially responsible for
100% of the cost of the off-site improvements necessary to mitigate direct project
impacts as established by the City Council -approved Mitigation Monitoring
Reporting Program (MMRP) to the satisfaction the City Engineer. All easements,
right-of-way acquisitions, dedications and permits needed from any agency to
accommodate said improvements listed below shall be processed by the
applicant/subdivider at no initial cost to the City. The City, upon a written request
from the applicant/subdivider, will enter into a reimbursement agreement to
partially repay the applicant/subdivider in accordance with the provisions of the
Capistrano Circulation Financing Program (CCFP). However, if any circulation
improvements identified in the MMRP are constructed by another party, the
applicant/subdivider shall pay for the project's pro -rata "fair share" of the cost of
the design and construction of the street, intersection and traffic signal
improvements to their ultimate respective widths and configurations in
accordance with the City of San Juan Capistrano's Master Plan of Streets and
Highways, including any applicable right-of-way acquisition, base on the
proportion of traffic generated by the project, as determined in a City -approved
traffic study. Whether constructed by the applicant/subdivider another party, all
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circulation improvements identified in the MMRP shall be completed prior to
issuance of the first Certificate of Occupancy
The applicant/subdivider shall provide performance bonds/securities for 100
percent of each estimated improvement cost as prepared by a Registered Civil
Engineer and approved by the City Engineer and City Attorney. In addition, the
applicant/subdivider shall provide labor and materials bonds/securities for 100
percent of the above estimated improvement costs as determined by the City
Engineer. Any exception to or deviation from this condition shall be subject to
review and approval by the City Engineer. (PW).
2.16 Caltrans Permits. Prior to issuance of building permits, any proposed
improvement or work within the State right-of-way or requiring Caltrans approval
shall conform to Caltrans standards and specifications and shall require an
encroachment permit from Caltrans. (PW -ENG)
2.17 Traffic Control Plans. Prior to issuance of building permits, the applicant shall
submit to the City Engineer for review and obtain approval for Traffic Control
Plans prepared . by a Registered Traffic Engineer. These plans shall show all
striping, signage, signalization, and related appurtenances necessary to
construct the portion of the project, including utilities, within the public right-of-
way. (PW -ENG)
2.18 Access Rights Dedication. Access rights shall be granted to the City for the
purpose of allowing access over private drives within the development for all City
vehicles, including police, fire, and other emergency vehicles. The document(s)
recording this access shall be prepared by the applicant for review and approval
by the City Engineer, prior to recordation. (PW)
2.19 Sewer and Water Plans. Prior to the issuance of building permits, the applicant
shall submit to the City Engineer and the Public Works Director for review, and
shall obtain approval for, sewer and water improvement plans prepared by a
Registered Civil Engineer. These plans shall be specific to the project and shall
reflect consistency with the City's Sewer and Water Master Plans, City municipal
codes, standards, specifications, and City water standard specifications.
Sewer System Improvements
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. The applicant/subdivider shall design and
construct an 8 inch sewer line through. the subject property along an alignment as
depicted on the Tentative Parcel Map (TPM) for potential future sewer service to
the Spotted Bull Lane neighborhood subject to requirements of and approval by
the Moulton Niguel Water District. (PW)
Domestic Water Improvements
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AC 07-17, GPM 07-01, Koll San Juan Page 13 of 20
The applicant/subdivider shall design and construct a 12 -inch potable waterline
through the subject property along alignments as depicted on the Tentative
Parcel Map (TPM).
2.20 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)
2.21 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)
2.22 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 (UTIL).
2.23 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.
(UTI L)
2.24 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
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AC 07-17, GPM 07-01, Koll San Juan Pape 14 of 20
(Water Conservation Landscape). The design shall include improvements that
are identified for use of non-domestic water (recycled water) and shall be
connected to non-domestic water facilities when they become available. (UTIL)
2.25 Water Improvement Agreement. Prior to the issuance of permits for any water
improvements, the applicant shall execute a Water Improvement Agreement with
the City, shall pay all applicable domestic and non-domestic Water Development
Charges in accordance with the Water Department Schedule of Rates and
Charges, as last revised, and shall post the required securities to insure
satisfactory performance of proposed public water improvements in compliance
with City water standard specifications. (UTIL)
2.26 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)
2.27 Fire Flow Demand & Water Availability. Prior to the issuance of any building
permits, the applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be, signed
by the applicable water district and submitted to the Fire Chief for approval.
(OCFA)
2.28 OCFA Review of Architectural Buildinq Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval
of the Fire Chief if required per the "Orange County Fire Authority Plan Submittal
Criteria Form." Please contact the OCFA at (714) 573-6100 for a copy of the
Site/Architectural Notes to be placed on the plans prior to submittal. (OCFA)
2.29 Fire Alarm System. Prior to the issuance of a building permit, plans for the fire
alarm system shall be submitted to the Fire Chief for review and approval. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy
of the "Guideline for New and Existing Fire Alarm Systems." This system shall be
operational prior to the issuance of a certificate of use and occupancy. (OCFA)
2.30 Automatic Fire Sprinkler Systems. Prior to the issuance of a building permit, the
applicant shall submit plans for the required automatic fire sprinkler system in all
structures to the Fire Chief for review and approval. Prior to the issuance of a
certificate of use and occupancy, this system shall be operational in a manner
meeting the approval of the Fire Chief. Please contact the OCFA at (714) 573-
6100 to request a copy of the "Orange County Fire Authority Notes for New
NFPA 13 Commercial Sprinkler Systems." (OCFA)
2.31 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
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AC 07-17, GPM 07-01, Koll.San Juan Pape 15 of 20
Authority for all fire protection access roads to within 150 feet of all portions of
the exterior of every structure on site. The plans shall indicate the locations of red
curbs and signage and include a detail of the proposed signage including the
height, stroke and colors of the lettering and the contrasting background. The
plans shall also indicate the location(s) of all fire hydrants proposed for the
project. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to
obtain a copy of the "Guidelines for Emergency Access." (OCFA)
2.32 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:
3.1 Compliance with Approved Plans. At all times during construction, the applicant
shall ensure compliance with approved construction mitigation .plans, including:
(PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
C. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(CD)
3.2 Pre -construction Meeting. Contractor shall attend a pre -construction meeting with
the Building and Safety Division prior to commencement of any construction on
the site. (PLN-B&S)
3.3 Drainage Problems. During the entire grading a construction operation, the
applicant shall adhere to the following conditions to address unforeseen drainage
issues: (PW -ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (PW -ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (PW -ENG)
3.4 Continuous Grading Operation. All grading work shall be performed inleither one
continuous operation or in phases that have been approved by the City. (PW-
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AC 07-17, GPM 07-01, Koll San Juan Pape 16 of 20
ENG; PLN-B&S)
3.5 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
3.6 Construction Hours. Construction hours shall be limited to 7:00 a.m. to 6.30:00
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal
holiday.(CD)
3.7 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (CD)
3.8 Archaeological Monitor. A qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre -construction meetings to advise
construction contractors about the sensitive nature of cultural resources located
on and/or in the vicinity of the project site, as well as monitoring requirements. A
qualified monitor (defined as an individual with a bachelors degree in
anthropology with archaeological monitoring experience), supervised by the
qualified archaeologist, shall observe on- and off-site construction activities that
result in grading, and/or excavating on or below the original ground surface
(including during project -related off-site utility [natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements). Should
nonhuman cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified archaeologist
can determine if the resources are significant and, if significant, until recovered
by the archaeologist. In the event that human remains are discovered,
construction activities shall be halted or diverted until the provisions of §7050.5 of
the Health and Safety Code and §5097.98 of the Public Resources Code have
been implemented. (CD)
3.9 Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project -related off-site utility [e.g., natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements). The Native
American monitor shall consult with the archaeological monitor regarding objects
and remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the Native
American monitor shall verify that the archaeologist has notified the Coroner.
(CD)
3.10 Paleontological Monitoring. A qualified monitor (defined as an individual with a
bachelors degree in paleontology and monitoring experience), supervised by the
qualified paleontologist, shall be on-site during construction activities that result
in the grading and/or excavating of current surface material (including during
project -related off-site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements) to monitor for paleontological
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resources. Should paleontological resources be discovered, the monitor shall
have the authority to temporarily halt or divert construction activities until the
qualified paleontologist can determine if the resources are significant. Significant
paleontological resources shall be recovered by the qualified paleontologist. (CD)
3.11 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:
4.1 Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and release of
performance securities, whichever occurs first, the applicant shall complete, to
the satisfaction of the City Engineer, all facility improvements required and
necessary to serve the development in accordance with the approved plan and
approved exceptions. In the case of a phased project, the provisions of this
condition shall be applied to each phase (PW -ENG)
4.2 Provide As -Built 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)
4.3 Monumentation Restored and Corner Records Filed with County. Prior to
acceptance of improvements and release of performance securities, the
applicant's surveyor shall set all required monumentation during construction.
Monumentation and corner records shall be submitted to the City Engineer and
filed with the County Surveyor in compliance with AB 1414 and Section 8771 of
the Business and Professional Code. (PW -ENG)
4.4 Record Drawings. Prior to the acceptance of water, sewer, storm drain, and
street improvements and release of performance securities, the applicant shall
submit to the Public Works Director for review and obtain approval for
reproducible "Record Drawing" mylar plans that call out any deviations from the
signed plans of all the domestic water system, non-domestic (recycled) water
system, and the landscape irrigation system, sewer, These "Record Drawings"
are also required in digital format, at no cost to the City, in accordance with the
latest edition of the "City of San Juan Capistrano Digital Submission Standards."
(PW)
4.5 Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements
and release of performance securities, the applicant shall submit to the City
Resolution #09-5-26-2 Conditions of Approval
AC 07-17, GPM 07-01, Koll San Juan Pape 18 of 20
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)
4.6 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)
4.7 Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant, depending
on the condition of these improvements prior to and after construction. (PW -
ENG)
4.8 Solid Waste Reduction/Recycling Management Program. Prior to approval of
final inspection of each phase, the project applicant shall coordinate with City
staff and develop and implement a Solid Waste Reduction/Recycling
Management Program for the project site. Features of the program shall include,
but not be limited to: 1) distribution of separate receptacles for recyclables and
trash throughout the project site; 2) separate dumpsters for recyclables and
trash; 3) signs posted near all receptacles conveying information regarding
recyclable materials; 4) sorting of trash collected throughout the project site by
facilities staff prior to dispensing in dumpsters; and, 5) restrictions on product
type that will be offered at concessions or vending throughout the project site.
(PLN/ENG)
4.9 Dedication of Water Facilities. Prior to final inspection of water improvements and
use of the site, the applicant shall dedicate to the City, at no cost to the City, all
public water facilities and pertinent easements.. (PW)
4.10 Installation of Landscaping_ Prior to approval of final inspection (of each phase)
the developer shall install all landscaping and irrigation. The developer shall
provide a certification, from a licensed Landscape Architect, stating that the
landscape materials and irrigation system (tested for full coverage) have been
planted and installed in compliance with the approved landscape plans.
Additionally, all bicycle racks, pedestrian walkways, seating, and other
improvements shown on the Final Landscape Plan shall be installed to the
satisfaction of the Community Development Department. (CD)
4.11 Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved. plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation, plans, lighting plans, and elevations. If all improvements
cannot be installed prior to occupancy, the City may approve a Deferred
Improvement Agreement to defer the completion of the improvements provided
that a bond, cash deposit, or other surety in a form and substance approved by
the City Attorney, is submitted to the City in lieu of installation of the
improvements, that application and required fees are submitted, and that the
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AC 07-17, GPM 07-01, Koll San Juan Pape 19 of 20
incomplete improvements will not create an unsafe condition on the site. The
term of the deferral shall be as determined by the City Planner. (CD)
4.12 Final Cultural Resource Reports. Prior to final inspection by the Community
Development Department, the applicant shall submit evidence that final reports
for any historical, cultural, archaeological or paleontological resources recovered
from the project site during grading or construction have been filed with the
appropriate information repository. Reports shall include information on
disposition of resources. (CD)
4.13 Final Community Development Inspection. Prior to application for a final
occupancy permit, the applicant shall schedule a final inspection by the
Community Development Department, and shall pay any outstanding balance in
the Developer Deposit Account assigned to this application. Community
Development Department shall not conduct a final inspection until any
outstanding balance has been paid in full. (CD)
4.14 Fire Extinguishers. Prior to final inspection by the orange County Fire Authority
(OCFA), fire extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant shall contact the Fire Department for the requirements
pertaining to the number, type, and placement of fire extinguishers. All fire
extinguishers shall have current California Fire Marshal service tags. (OCFA)
4.15 Fire Aisles. Drive aisles service as fire access lanes shall be posted "No Parking
— Fire Lane" as approved by the Fire Department. (OCFA)
4.16 Hydrant 'Blue Dots". Prior to the issuance of a certificate of use and occupancy,
the applicant/subdivider shall install blue reflective pavement markers on streets,
as approved by the Fire Chief, to mark the location of all fire hydrants. (Fire)
4.17 Completion of Sprinkler System. Prior to the issuance of a certificate of use and
occupancy, the applicant/subdivider shall demonstrate that any required sprinkler
system is operational in a manner meeting the approval of the Fire Chief. (Fire)
4.18 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.).
4.19 Property Owners Association. Provide written documentation to the Community
Development Department that a Property Owners Association has been formed
for purposes of maintenance of common areas, including landscaping and
parking areas. (CD)
4.20 Reciprocal Parking and Access Agreement. Provide written documentation
showing that a reciprocal parking and access agreement has been formed to
allow joint use of common parking areas and drive aisles.
The following ongoing conditions shall be complied with at all times after completion of
the project.
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AC 07-17, GPM 07-01, Koll San Juan Page 20 of 20
5.1 Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (CD)
5.2 Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (CD)
5.3 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (CD)
5.4 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 Depts/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