PC Resolution-08-02-26-03PC RESOLUTION NO. 08-02-26-03
ARCHITECTURAL CONTROL 06-17, GRADING PLAN MODIFICATION 07-09, TREE
REMOVAL PERMIT 07-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING CENTRA POINTE OFFICE PARK (CITY OF SAN JUAN
CAPISTRANO/CENTRA REALTY CORPORATION)
Whereas, the City of San Juan Capistrano and Centra Realty Corporation
have requested approval of Architectural Control (AC) 06-17, Grading Plan Modification
(GPM) 07-09 and Tree Removal Permit (TRP) 07-09 in order to construct a 35,874 square -
foot office complex, located on the northwest corner of Rancho Viejo Road and Golf Club
Drive, and which is General Plan designated 5.0 -Public & Institutional (P&I) and classified
as Planned Community (PC) on the Official Zoning Map and regulated under the provisions
of the Marbella Golf & Country Club Comprehensive Development Plan (CDP) 86-04; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has evaluated the project and has
determined that the project requires preparation of an Environmental Impact Report (EIR),
said. EIR having been prepared and processed in accordance with the provisions of
California Environmental Quality Act (CEQA) and the City EIR Guidelines; and,
Whereas, the proposed project is consistent with the P&I Designation of the
Land Use Element of the General Plan and is consistent with the PC designation and the
provisions of CDP 86-04 as amended; and,
Whereas, in evaluating the proposed development plans, the Planning
Commission has determined that the project is consistent with Land Use Code Section 9-
2.313(c) in that the mandatory findings of that section can be made to wit:
1. The project plans comply with all provisions of Title 9 in that the
project has been evaluated against both the site development
standards of CDP 86-04 and Title 9 (Land Use Code) and the project
meets the minimum development criteria of both documents including
building setbacks, building heights, building massing, open space and
parking; and
2. The architectural and general design of the project is generally
consistent with the goals, policies and objectives of the Community
Design element and all other applicable provisions of the General
Plan in that the project has been reviewed by the DRC and that
Committee determined that it is consistent with the Design Guidelines
Checklist subject to incorporation of certain modifications that have
been included as Conditions of Approval, and further, the project is
consistent with the Land Use Element of the General Plan in that
commercial office uses and office parks are permitted within the
General Plan "P&I" designation; and
PC Resolution 08-02-26-03 2 February 26, 2008
3. The site plan is consistent with surrounding existing and proposed
land uses in that the project site is adjacent to general commercial to
the south, and general and medical office uses exist in the area to the
south and northeast of the site, and is separated from residential uses
by a secondary arterial road and open space buffers; and further, in
addition, in the process of declaring the property surplus and selecting
the proposed development, the City consulted with the Marbella
HOA's and residents to ensure that the selected development would
be compatible with that neighborhood; and
4. The general design considerations, including the character, scale and
quality of the design are consistent with the adopted Architectural
Design Guidelines of the City in that the Architectural Design
Guidelines Checklist was utilized by staff to evaluate the project's
consistency with the Guidelines, and the DRC, after evaluation of the
staff report, recommended minor modifications to the building design
and site plan, and determined that the project is consistent with the
Guidelines; and
5. The site plan is functional and safe in regards to existing or mitigated
off-site conditions as they relate to adequacy of vehicular, bicycle and
pedestrian circulation in that an Environmental Impact Report and
Traffic Analysis were prepared for the project, and the
recommendations and mitigation measures as they relate to
vehicular, bicycle and pedestrian circulation have been incorporated
into the Conditions of Approval; and
6. The general landscape design, including the location, type, size,
color, texture and coverage of plant materials has been considered to
insure visual relief to complement buildings and structures in that the
Preliminary Landscaping plan for the project was reviewed by the
DRC, and with minor revisions that have been incorporated into the
Conditions of Approval, the DRC approved the plans; and
Whereas, in evaluating the request for a Grading Plan Modification, the
Planning Commission has determined that the project is consistent with Land Use Code
Section 9-2.323(f) in that the preliminary grading plan for the project has been prepared in
a manor to insure that grading operations are conducted to a minimum to the extent
possible; the amount of earth movement, import and export is minimized; the use of
retaining walls has been restricted to the extent possible; the project design is consistent
and compatible with surrounding land uses; and the project is consistent. with the site
development standards of zone district and the Comprehensive Development Plan; and
Whereas, in evaluating the request for a Tree Removal Permit, the Planning
Commission has determined that the project is consistent with Land Use Code Section 9-
1.349(c) in.that the project will result in the removal of 23 trees, of which 17 have been
identified by a certified botanist as being in poor health; the project proposes a total of 43
new trees, resulting in a tree replacement ratio of 2:1; and the preliminary landscaping plan
has been reviewed by the DRC with respect to tree removal and replacement, and that
PC Resolution 08-02-26-03 3 February 26, 2008
Committee concurs with the proposed landscaping concept plans, tree removal and
replacement plans; and
Whereas, the Planning Commission conducted duly -noticed public meetings
on January 8, 2008, February 12, 2008 and February 26, 2008 pursuant to the provisions
of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative
Policy 409, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds,
the proposed office park development is consistent with the land use designation and the
requirements for findings as outlined in the Land Use Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 06-17, Grading Plan Modification (GPM) 07-09 and Tree Removal Permit (TRP) 07-
04 based upon the findings set forth herein and subject to the Conditions as set .forth in
Attachment 1 of this resolution.
EFFECTIVE DATE & FINAL APPROVAL: The decision of the Planning
Commission shall become final following expiration of the fifteen (15) day appeal period
without filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday,
May 9, 2007; however, the decision of the Planning Commission shall become effective
only with the approval of Rezone 06-06 and Tentative Parcel Map 2007-226 by the City
Council.
PASSED, APPROVED AND ADOPTED this 26th day of February, 2008, by
the following vote, to wit:
AYES: Chairman Cardoza, Commissioners Kerr and Ratcliffe
NOES: Commissioner Cohen
ABSTAIN: None
ABSENT: Commissioner Neely
/ Robert Cardoza, Chairman
Steven AppW, Planning Director, Secretary
RESOLUTION #: 08-02-26-02 & 03
These conditions of approval apply to Architectural Control # AC 06-17 to construct a
35,874 square foot office complex on 3.45 acres zoned PC (Marbella Golf & Country
Club/CDP 86-04 located at the northwest corner of Rancho Viejo Road and Golf Club
Drive. Any proposed change of use or expansion of the area or modifications to the site
plan or structures shall be submitted to the City Planning Department along with the
required application and fee, for review. 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:
AC06-17 is granted to construct and/or operate an office complex
consisting of 35,874 square feet located within three buildings 3.45 acres
located at the northwest corner of Rancho Viejo Road and Golf Club Drive
(APN's 650-592-01 & 02). This approval is granted based on the
application materials submitted by Centra Realty on November 6, 2006,
prepared by Ware Malcomb on August 15, 2007, including site plan,
elevations, floor plans, preliminary grading plan and conceptual utility
plan; and preliminary landscaping plan prepared by Ridge Landscape
Architects on May 25, 2007. These plans and the proposed use of the site
are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become final on the first business day
following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire twenty-four (24) months after the
effective date of the approval unless the use or occupancy which is the
subject of this action has taken place and all conditions of approval have
been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
ATTACHMENT 1
CONDITIONS OF APPROVAL.
Project #: AC 06-17
Project Name: Centra Pointe
APPROVAL DATE:
February 26, 2008
EFFECTIVE DATE:
April 17, 2008
EXPIRATION DATE:
April 17, 2010
These conditions of approval apply to Architectural Control # AC 06-17 to construct a
35,874 square foot office complex on 3.45 acres zoned PC (Marbella Golf & Country
Club/CDP 86-04 located at the northwest corner of Rancho Viejo Road and Golf Club
Drive. Any proposed change of use or expansion of the area or modifications to the site
plan or structures shall be submitted to the City Planning Department along with the
required application and fee, for review. 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:
AC06-17 is granted to construct and/or operate an office complex
consisting of 35,874 square feet located within three buildings 3.45 acres
located at the northwest corner of Rancho Viejo Road and Golf Club Drive
(APN's 650-592-01 & 02). This approval is granted based on the
application materials submitted by Centra Realty on November 6, 2006,
prepared by Ware Malcomb on August 15, 2007, including site plan,
elevations, floor plans, preliminary grading plan and conceptual utility
plan; and preliminary landscaping plan prepared by Ridge Landscape
Architects on May 25, 2007. These plans and the proposed use of the site
are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become final on the first business day
following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire twenty-four (24) months after the
effective date of the approval unless the use or occupancy which is the
subject of this action has taken place and all conditions of approval have
been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 2 of 25
the expiration date of this approval, except as otherwise approved by the
Planning Director. The effective date of this action shall be concurrent
with the approval and effective date of the City Council approval of
Rezone 06-06 (30 days after second reading of Ordinance approving the
Rezone).
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. 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.
5. Approval of this project shall become effective on the date that Ordinance
No. adopting Rezone (RZ) 06-06 becomes effective. Denial of
RZ 06-06 by the City Council shall. cause AC 06-17 and all associated
permits to become null and void.
6. This approval is contingent upon the concurrent approval of Grading Plan
Modification (GPM) 07-09, Tree Removal Permit (TPM) 07-04, and City
Council approval of Rezone (RZ) 06-06 and Tentative Parcel Map (TPM)
2007-226, and shall become null and void upon the expiration of said
concurrent approval.
7. Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review and
approval by the Planning Department and Building and Safety
Department. The signage and/or sign program shall be consistent with
the revised sign regulations currently being processed by the City, and
shall be processed in accordance with the provisions of those revised sign
regulations. If the revised sign standards have not been adopted by the
City Council by the time the applicant proposes a sign program or any
signage for the site, the proposed sign program and/or signage shall be
reviewed and approved by the Planning Commission, and the Planning
'Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 3 of 25
Commission may, at their option, refer the matter to the City Council for
final review and approval.
8. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
9. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
10. The applicant, shall pay all fees at the time fees are determined .payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
11. The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents.
12. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
13. Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
14. Construction Cost Estimate. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review, and obtain approval
for, an estimate of quantity and construction costs prepared by a
Registered Civil Engineer. Said estimate shall include costs for
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 4 of 25
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. (ENG)
15. Post Bond/Provide Securities. Prior to issuance of a grading permit, the
applicant shall provide Performance Bonds/securities for 100% of each
estimated improvement cost as prepared by a Registered Civil Engineer
and approved by the City Engineer and City Attorney for each applicable,
but not limited to, street improvements, signing, signalization, striping and
street lights; storm drains, sewer, recreational trails, landscaping and
irrigation in rights-of-way, private slopes and open space. In addition, the
applicant shall provide Labor and Materials Bonds/securities for 100% of
the above estimated improvement costs as determined by the City
Engineer. (ENG)
16. _ Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Conceptual grading plans
shall be subject to review by the Design Review Committee. Precise
grading shall be consistent with the approved conceptual grading plan and
site plan. These plans shall show, at minimum, the limits of grading, the
drainage, any applicable retention/detention basins, sewer, water, trails,
parkways, streets and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond
with the orange County benchmark datum. All drainage must be treated
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plans shall show the
following information: (ENG/PLN)
a. Location of all existing trees and indicate trees to be removed and
trees to remain in place (PLN)
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. (PLN)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 5 of 25
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. (PLN)
d. Location, height, materials and colors of any retaining walls. (PLN)
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. (PLN)
f. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a
portion of the guest spaces shall be accessible without passing
through a security entrance. (ENG/PLN)
17. Drainage Improvement plans. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review and obtain approval
for Drainage Improvement Plans, specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans shall show
locations of all existing and proposed facilities. All drainage must be
treated prior to being conveyed to the street or a City approved drainage
facility in accordance with the National Pollutant Discharge Elimination
System. If an existing down stream drainage facility is inadequate, or, in
the opinion of the City Engineer, is not sufficiently save to properly carry
the proposed and altered discharge generated by this project, the
applicant shall then design and provide other alternative methods for
properly conveying such discharge, at applicant cost, in a manner
acceptable to the City Engineer. Any deviation from such requirements
shall be subject to City Engineer review and approval. Every proposed
drainage system shall be placed within its proper easement and
appropriately dedicated. (ENG)
18. *Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a
precise grading permit, the applicant shall submit to the City Engineer for
review and obtain approval for a Storm Runoff Management Plan,
prepared by a Registered Civil Engineer showing existing and proposed
facilities, hydraulic and hydrologic study and calculations and the methods
of draining on-site and tributary areas without exceeding the capacity of
any impacted street or facility and without negatively affecting existing
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 6 of 25
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. (ENG)
19. Soils/Geology. Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist
and Soil. Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (ENG)
20. *Erosion & Sediment Control Plans. Prior to issuance of grading and right-
of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for Erosion and Sediment
Control Plans, using Best Management Practices prepared by a
Registered Civil Engineer. These plans shall show, in accordance with the
NPDES Permit, all temporary and/or permanent erosion and sediment
control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent
public trespass onto certain areas where impounded water may create a
hazardous condition. (ENG)
21. Submit Haul Route Plan. Prior to issuance of grading and right-of-way
improvement permits, for importation/exportation of soil in excess of fifty
cubic yards in and out of the project site, the applicant shall submit to the
City Engineer for review and obtain approval for, a Haul Route Plan
specific to the project and in compliance with all applicable City standards.
The Haul Route Plan shall specify dates, times, and headways for hauling
activities. Prior to commencement of haul activities, the applicant shall
obtain a Haul Route Permit and pay required fees to the Engineering
Department. (ENG)
22. Traffic Control Plans. Prior to issuance of grading and right-of-way
improvement priority, the applicant shall submit to the City Engineer and
obtain approval for Traffic Control Plans and final improvement plans for
all traffic mitigation improvements, Including both on-site and off-site, as
identified in the approved Traffic Study prepared pursuant to City Council
Policy 310. Any exception shall be subject to review and approval by the
City Engineer (ENG)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 7 of 25
23. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading and right-of-way improvement permits, the applicant shall submit.
to the City Engineer for review and obtain approval for a program
complying with the requirements of the California Integrated Waste
Management Act of 1989 to reduce construction and demolition debris
through recycling. (ENG)
24. Drainage Barrier between Slopes and Streets. Prior to issuance of a
grading permit, the grading and street improvement plans shall indicate
and show that all street sections located within 20 feet or less, from the
toe of the slope of 10' in height or more, are protected from underground
water seepage by providing a positive drainage barrier system in
accordance with City Standard Drawing No. 350. Any exception shall be
subject to review and approval by the City Engineer.
25. Connection to City Drain must be Documented and Filed. Prior to
issuance of grading permit, any proposed connections to existing public
storm drains system, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to exiting plans, where points of
connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (ENG)
26. *NPDES — Water Quality 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. (ENG)
27. NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance of
grading and right-of-way improvement permits, for grading in excess of
one (1) acre, the applicant shall submit a Notice of Intent (NOI) To the
California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with
development/construction activity in excess of one (a) acre of land.
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 8 of 25
Evidence that this requirement has been met shall be submitted to the City
Engineer. (ENG)
28. Existing Easements/ Public Utilities. Prior to issuance of a grading permit,
applicant shall incorporate into the project design all existing easements
and public utilities (specifically the SHPS and its piping and
appurtenances) within the project boundaries, or obtain abandonment of
said easements, and or relocation or abandonment of the utilities from the
affected easement holder(s) or facility owner(s). If this requirement cannot
be accomplished, the project shall be redesigned accordingly as approved
by the City. (ENG/PW)
29. 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. (ENG)
30. Drainage Acceptance Letter. Prior to issuance of a grading permit,
drainage acceptance letter from each affected property owner shall be
submitted to the City Engineer when the pre -developed storm runoff onto
any adjacent property is increased, concentrated, diverted, or changed in
any form as required by State law. Any request to deviate from this
requirement shall be subject to review and approval by the City Engineer.
(ENG)
31. Off-site Easements. Prior to issuance of a grading permit, the 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. (ENG)
32. Archaeological Monitoring. Prior to issuance of a grading permit, the
applicant shall submit to the Planning Department documentation that a
qualified archaeologist has been retained to monitor site clearing, grading,
and excavation activities, stating the name, qualifications, and contact
information for the archaeologist. (PLN)
33. Revised Plans. Prior to issuance of a grading permit the applicant shall
submit a revised site plan to the Planning Department for approval which
*Denotes Environmental Mitigation Measure.
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 9 of 25
incorporates changes approved by the Planning Commission and reflects
consistency with these conditions of approval and with the City's Design
Guidelines. The revised plans shall show that a minimum 20 -foot setback
along the Rancho Viejo Road right-of-way shall be maintained for Building
No. 3. In addition, the site plan shall be revised to provide pedestrian
walkway/pathway access between the upper and lower pad levels. Six
copies of the revised site plan are required, except as otherwise
authorized by the Planning Director. (PLN)
34. Orange County Fire Authority (OCFA) Approval. Prior to the issuance of
grading and right-of-way improvements permits, 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).
35. 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. (PW)
36. 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. (ENG)
37. DRC Final Plan Review. Prior to issuance of any permit, the applicant
shall submit final signage plans, lighting plans and color palette for DRC
review and approval. Sign plans shall be process in accordance with
Condition No. 7 above.
The following conditions shall be met prior to or in conjunction with the issuance
of building permits:
38. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the. Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17/1-PM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 10 of 25
39. Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Commission, Design Review Committee and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component
of the building design. All roof -mounted equipment shall be screened
from view by parapet walls or other architectural means. The applicant
shall demonstrate to the satisfaction of the City Planner that no roof -
mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations,
and fixtures shall be decorative and complementary to the building
architecture.
40. 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,
striping, signage, signalization if applicable, storm drain, sewer, water,
construction traffic control, and all related appurtenances. In addition, the
Street Improvement Plans shall show the following required improvements
for this project: (ENG)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 11 of 25
a. Street lights shall be provided per City standards (Mission bell fixtures
on marbelite poles).
*b. The northerly project driveway on Rancho Viejo Road and Rancho
Viejo Road raised center median island shall be designed to prohibit
left turns by vehicles exiting the driveway onto Rancho Viejo Road to
the approval of City Engineer.
41. Caltrans Permits. Prior to issuance of building permits, any proposed
improvement or work within the State right-of-way shall conform to
Caltrans standards and specifications arid shall require an encroachment
permit from Caltrans. (ENG)
42. Traffic Improvement Plans. Prior to issuance of building permits, the
applicant shall submit to the City Engineer for review and obtain approval
for Traffic Improvement Plans prepared by a Registered Traffic Engineer.
These plans shall show all striping, signage, signalization, and related
appurtenances. (ENG)
43. 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. (ENG)
44. Underpass Access. Prior to issuance of final certificate of occupancy, the
applicant shall file with the City, to the approval of the City Manager and
City Engineer, an Agreement that shall stipulate that the adjacent freeway
underpass will remain open for pedestrian, equestrian and bicyclist use,
for emergency access, and for City -approved activities including Swallows
Day. (ENG)
45. *Recreational Trail Improvements. The bicycle trail along Golf Club Drive
shall be reinstalled and improved to the requirements of Section 9-4.305
of the Municipal Code and the City Trail Design Manual and shall be
shown on grading and landscape plans and, where adjacent to and/or
within roadway dedications, on street improvement plans. In order to
ensure adequate site distance and reduce hazards to cyclists, the final site
plan shall be reviewed by City Traffic Engineer with respect to sight
distance at the driveway and Golf Club Drive, and if determined, the three
parking stalls immediately to the west of the driveway access at Golf Club
Drive will be modified or otherwise reconfigured. Final design shall meet
the satisfaction of the City Engineer. Landscaping between the bike path
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 12 of 25
and the parking lot shall be limited in height and density so as to ensure
maximum visibility between the bike path and vehicles entering and exiting
the site. Exiting traffic shall be controlled by a stop sign before entering
the driveway's intersection with the bike path In addition, signage shall be
installed to the approval of City Engineer and the Planning Director
warning traffic exiting the project site to look for and yield to bicycle and
pedestrian traffic using the trail. (ENG/PLN)
46. *Bus Stop. Prior to the issuance of the first building permit, the developer
shall provide funding to upgrade the bus stop at the intersection of Rancho
Viejo Road and Golf Club Drive to the design specifications established by
Orange County Transportation Authority. (ENG)
47. Sewer and Water Plans. Prior to the issuance of right-of-way
improvements permits, the applicant shall submit to the City Engineer and
the Public Works Director for review, and shall obtain approval for, sewer
and water plans prepared by a Registered Civil Engineer. These plans
shall be specific to the project and shall reflect consistency with the City's
Sewer and Water Master Plans, City municipal codes, standards,
specifications, and City water standard specifications. The sewer plans
shall indicate that all proposed sewer manholes shall be lined with
polyurethane, or equal approved material, at the applicant's cost to the
satisfaction of the City Engineer (ENG/PW).
48.. 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. (ENG)
49. 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
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 13 of 25
shall be specific to the project which reflects consistency with the City's
Sewer and Water standards. (ENG)
50. 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.
51. SubdivisionMater Improvement Agreement or Encroachment Permit.
Prior to the issuance of permits for any water improvements, the applicant
shall execute a SubdivisionMater Improvement Agreement or
Encroachment Permit 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. (PW)
52. Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for
review by the Design Review Committee. Final Landscape Plans shall
show the following information and requirements: (PLN)
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.
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 14 of 25
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.
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. Sidewalks adjacent to head -in 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. 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 from
the adjacent public street.
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 15 of 25
o. All portions of a parking lot devoted to landscaping shall be provided
with a permanent automatic irrigation system designed for water
conservation.
p. Additional berming and landscaping shall be provided along the
freeway frontage of the property to provide screening.
53. Surety for Tree Preservation. The applicant shall provide surety in the
form of a bond or other method as approved by the City Planner and City
Attorney, to ensure that trees to be preserved and/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.
(PLN)
54. 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)
55. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal .Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
56. 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)
57. 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)
`Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 16 of 25 -
58. Fire Access Roads. Prior to the issuance of a building permits, the
applicant shall submit a Fire Master Plan and obtain approval of the
Orange County Fire Authority for all fire protection access roads to within
150 feet of all portions of the exterior of every structure on site. The plans
shall indicate the locations of red curbs and signage and include a detail of
the proposed signage including the height, stroke and colors of the
lettering and the contrasting background. The plans shall also indicate the
location(s) of all fire hydrants proposed for the project. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access." (OCFA)
59. 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 (744) 573-6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Completing Chemical Classification Packets." (OCFA)
60. *Traffic Mitigations/Street Improvements. The following fees shall be paid
prior to the issuance of the first building permit: (ENG)
a. Ortega Highway/Rancho Viejo Road - To address the project's
cumulative impact, payment of fair share fees (non-CCFP project/fair
share = 16.3%) to provide an additional northbound through lane (for a
final configuration of two left turn lanes, one through lane and a shared
through/right) and an additional southbound through lane (for a final
configuration of two left turn lanes, one through Lane and a shared
through/right);
b. Ortega Highway/1-5 Southbound Ramps - To address the project's
direct impact, the applicant shall pay fair share fees for construction of
a second southbound left turn lane (for final configuration of dual left
turn lanes and dual right=turn lanes) (non-CCFP project/fair share =
8.8%). To address the project's cumulative impact, payment of CCFP
fees (1-5/Ortega Highway Interchange Improvement);
c. Ortega Highway/1-5 Northbound Ramps - To address the project's
cumulative impact, payment of CCFP fees (1-5/Ortega Highway
Interchange Improvement);
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 17 of 25
d. Junipero Serra Road/1-5 Northbound Ramps - To address the
project's cumulative impact, project payment of fair share fees to
construct an exclusive westbound right turn lane (for a final
configuration of one through lane, a shared through/right turn lane and
one right -turn lane) (non-CCFP project/fair share = 10.5%);
e. Junipero Serra Road/Rancho Viejo Road - To address the project's
direct impact, initially fund and construct an additional eastbound left -
turn lane (non-CCFP project/fair share = 13.4%) and enter into a
reimbursement agreement with the City. If roadway improvement work
is commenced and/or funding committed by the City prior to issuance
of the first building permit, applicant shall pay non-CCFP project/fair
share of 13.4% for this improvement. To address the project's
cumulative impact, payment of fair share fees (13.4%) to construct an
exclusive eastbound right (for a final configuration of dual eastbound
left -turn lanes and a shared through/right lane) and an additional
northbound left turn lane (for a final configuration of dual northbound
left -turn lanes and a shared through/right lane;
f. Junipero Serra Road between 1-5 Northbound Ramps and Rancho
Viejo Road - To address the project's cumulative impact, payment of
fair share fees to provide improvements to four -lane secondary
standards (non-CCFP project/fair share = 8.95%).
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
61. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (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.(PLN)
Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 18 of 25
62. Pre -construction Meeting. Contractor shall attend a pre -construction
meeting with the Building and Safety Department prior to commencement
of any construction on the site. (B&S)*
63. Drainage Problems. During the entire grading a construction operation,
the applicant shall adhere to .the following conditions to address
unforeseen drainage issues: (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. (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. (ENG)
64. Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have been approved by
the City. (ENG, B&S)
65. 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. (ENG)
66. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(PLN)
67. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
68. *Archeological 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
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17/TPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 19 of 25
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. (PLN)
69. *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. (PLN)
70. *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 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. (PLN)
71. 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
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 20 of 25
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. (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:
72. 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. (ENG)
73. 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. (ENG)
74. 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. (ENG)
75. 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)
76. Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of
improvements and release of performance securities, the applicant shall
`Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 21 of 25
submit to the City Engineer, for review and obtain approval for, a video.
tape, filmed in the presence of a City Staff representative/inspector, of all
sewer and drainage improvements. The video shall become the property
of the City. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
77. 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. (ENG)
78. 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. (ENG)
79. *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)
80. 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,
including easements for existing facilities. (PW)
81. *Water System Improvements. 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 the construction of all domestic water system, non-domestic
(recycled) water system improvements, and irrigation facilities required to
serve the subject project in compliance with City municipal codes,
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 22 of 25
standards, specifications, the Rules and Regulations for Users of Non-
domestic Water and the City's water standard specifications. (PW)
82. *Water Service Connection. Prior to issuance of certificate of occupancy
or prior to acceptance of improvements and release of performance
securities, whichever occurs first, 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 located in
Rancho Viejo Road. These connections shall be subject to the
submission, review, and approval of civil improvement plans and the
irrigation/landscape plans. The irrigation facilities shall be designed in
accordance with the City of San Juan Capistrano's Water Standards and
Specifications, Rules and Regulations for Users of Non -Domestic Water,
and the Municipal Code § 9-3.617 (Water Conservation Landscape). The
design shall include improvements that are identified for use of non-
domestic water (recycled water) and shall be connected to non-domestic
water facilities when they become available. (PW)
83. 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 Planning
Department. (PLN)
84. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the' improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 23 of 25
85. Final Cultural Resource Reports. Prior to final inspection by the Planning
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. (PLN)
86. Historic Depiction Program/Monumentation Plan. Prior to issuance of a
Certificate of Occupancy, the Historic Depiction Program (HDP) shall be
installed and inspected for compliance with the approved design and the
conditions established by the Cultural Heritage Commission shall be
complied with. (PLN)
87. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
88. 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)
89. Fire Aisles. Drive aisles service as fire access lanes shall be posted "No
Parking — Fire Lane" as approved by the Fire Department. (OCFA)
90. 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. The overhead SDG&E line that crosses the 1-5
Freeway will be undergrounded to the extent possible. Any exception to,
or deviation from this condition shall be subject to review and approval by
the City Engineer. (Engr.).
91. Property Owners Association. Provide written documentation to the
Planning Department that a Property Owners Association has been
formed for purposes of maintenance of common areas, including
landscaping and parking areas. (PLN)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 24 of 25
92. 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.
93. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
94. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
95. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (PLN)
96. 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. (PLN)
97. Pedestrian Pathway Maintenance. The applicant or successors in
interest, shall maintain all portions of the pathway along the street
frontage, including both portions within the public right-of-way and portions
located on the private property.
The following additional conditions are Mitigation Measures as established by the
Environmental Impact Report.
98. Noise. To achieve compliance with interior noise standards, the project
shall implement noise control recommendations of the technical noise
study (Wieland, 2007). These include specific requirements for building
materials, such as window and door assemblies, glazing, acoustical
upgrades for exterior walls, roof materials and carpeting. (ENG/PLN)
99. *Noise. Construction activity shall utilize techniques that minimize ground -
borne vibration (e.g., avoid operating multiple pieces of equipment
simultaneously). Equipment and trucks used for project construction shall
utilize the best available noise control techniques (e.g., improved mufflers,
equipment redesign, use of intake silencers, ducts, engine enclosures and
acoustically attenuating shields or shrouds, wherever feasible). (ENG)
*Denotes Environmental Mitigation Measure
Resolution # 08-02-26-02 & 03
Project # AC 06-17ITPM2007-226
Final Conditions of Approval
Date: February 26, 2008
Page 25 of..25
100. *Geotechnical. Site preparation, grading, drainage and construction shall
follow the .recommendations of the geotechnical report prepared for the
project (Leighton Consulting, Inc., February 2007). (ENG)
101. *Lighting Plans. Prior to building permit issuance, the project applicant
shall prepare and submit a lighting plan and photometric analysis of
proposed lighting for the site. The lighting plan shall be designed to
ensure that all exterior lighting fixtures are shielded and oriented so that all
direct light is limited to the project site and does not encroach onto any
adjoining properties. The plan shall comply with Section 9-3.614, Lighting,
of the Land Use .Code and shall be subject to review and approval by the
Planning Commission. (PLN)
Responsible Agencies: B&S
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
PW =
Public Works Department
OCFA =
Orange County Fire Authority
Date of Approval: February 26, 2008
Resolution Nos
Effective Date
08-02-26-02 & 03
April 17, 2008
Applicant Accept ce of Co tions of Approval:
By;
Appli nt Name
Its: N/IGz-f'fU� S t oicr-4
Title
*Denotes Environmental Mitigation Measure
Date