PC Resolution-07-09-25-01PC RESOLUTION NO. 07-09-25-1
ARCHITECTURAL CONTROL 06-14 TREE REMOVAL PERMIT 07-131
(LITTLE HOLLYWOOD AFFORDABLE RENTAL UNIT EXPANSION PROJECT)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO FINDING ARCHITECTURAL CONTROL APPLICATION EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") AND APPROVING
ARCHITECTURAL CONTROL APPLICATION 06-14 AND TREE REMOVAL PERMIT 07-
131 FOR A PROPOSAL TO ADD 10 ADDITIONAL AFFORDABLE MANUFACTURED
HOUSING RENTAL UNITS ON APPROXIMATELY 1.67 ACRES IN LITTLE
HOLLYWOOD LOCATED AT THE NORTHERN TERMINUS OF PASEO ADELANTO
BETWEEN RAMOS AND MISSION STREETS (ASSESSORS PARCEL NUMBERS 121-
142-01 AND 07) (LITTLE HOLLYWOOD AFFORDABLE RENTAL UNIT EXPANSION
PROJECT)
Whereas, the San Juan Capistrano Community Redevelopment Agency,
32400 Paseo Adelanto, San Juan Capistrano, California 92675, has requested approval of
applications for an Architectural Control application for a site plan, architectural floor plans
and elevations, grading, and landscape plan to add 10 additional affordable manufactured
housing rental units on approximately 1.67 acres in Little Hollywood located at the northern
terminus of Paseo Adelanto between Ramos and Mission Streets, which is General Plan -
designated "SP (Specific Plan/Precise Plan)'; and,
Whereas, the proposed project density is consistent with the "Low Density
Residential" General Plan designation of up to 4 dwelling units per acre; and,
Whereas, the proposed project will help satisfy the City's Regional Housing
Numbers Assessment requirements for new construction of affordable units as mandated
by state law by providing 10 lower-income restricted units for a period of 55 years; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the proposed project will require the removal of three eucalyptus
trees, two willow trees, one pepper tree, and one small olive bush on the site to
accommodate the units; and,
Whereas, the Environmental Administrator has determined that the project
qualifies for a statutory exemption from the CEQA guidelines pursuant to Section 21159.23
(Low -Income Housing Exemption); and,
Whereas, state law requires that cities grant up to three concessions for
affordable housing projects, and this project incorporates one concession for a deviation
from the parking standards; and,
PC Resolution 07-09-25- 2 September 25, 2007
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 21159.23 of the California Public
Resources Code, Division 13, that the project qualifies for a statutory exemption; and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on September 25, 2007 pursuant to 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 of
the City of San Juan Capistrano does hereby make the following findings with regard to
Architectural Control 06-14:
The project plans comply with all provisions of Title 9 of the San Juan Capistrano
Municipal Code because: (a) the proposed project density is consistent with the
General Plan and zoning designations of "SP" (Specific Plan/Precise Plan) and the
Los Rios Specific Plan designates the site as "Low Density Residential" for 4
dwelling units per acre, including single-family and two family attached; (c) the
proposed project meets the development standards contained in the Los Rios
Specific Plan, including building height, building setbacks, minimum streetfrontage,
minimum lot area, and maximum lot coverage, except for the parking standards
concession; 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 because: (1) the proposed project meets
the Community Design Element in that the project utilizes similar design and
building materials to the existing Agency -owned rental units and the other homes in
the neighborhood, including California vernacular board and batten design, front
porches, roof materials, size of the units, and use of landscaping; (2) the proposed
project density is 3.97 units per acre and meets the "Low Density Residential"
designation in the Los Rios Specific Plan of up to 4 dwelling units per acre; (3) the
proposed project will help satisfy the City's Regional Housing Numbers Assessment
requirements contained in the Housing Element and mandated by state law for new
construction by providing 10 lower-income restricted units for a period of 55 years;
and,
The site is compatible with surrounding existing and proposed land uses because
the proposed residential project is adjacent to single-family residential to the north
and east project boundary with an identical zoning classification, Trabuco Creek to
the west, and the Los Rios Park to the south; and,
4. The general design considerations, including the character, scale and quality of the
design are consistent with the Los Rios Specific Plan design standards because the
PC Resolution 07-09-25- 3 September 25, 2007
proposed buildings have a similar appearance to the adjacent Agency -owned
residential rental single-family residences to the north and east complimenting the
surrounding built environment; (2) the maximum height of the one-story structures
meets the 18' maximum height limit; (3) the proposed project incorporates
California vernacular board -and -batten architectural design, including porches,
double hung windows, a variety of colors for the units and trim consistent with other
colors utilized in the neighborhood, and drought -tolerant landscaping.
5. The site plan is functional and safe in regards to adequacy of vehicular, equestrian,
and pedestrian circulation because (1) the proposed project provides for a linkage
from the equestrian trail in the Los Rios Park to the Trabuco Creek trail; (2) the
proposed project will provide a pedestrian trail along the eastern project boundary;
(3) the proposed project will provide dual access from Ramos Street and from
Mission Street; and (4) the proposed project will provide a 20' wide street to provide
for Orange County Fire Authority access.
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 the buildings and neighborhood in that (1) the proposed drought -
tolerant landscaping utilizes a variety of trees, shrubs, and bioswale mix native
planting that will require temporary irrigation until establishment; (2) the proposed
landscaping will provide a natural appearance consistent with the existing
neighborhood; and (3) the proposed project provides 82 additional trees on the
interior of the project site and will preserve the existing grouping of pepper trees in
the common area.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with regard to the
following factors to be considered for Tree Removal Permit 07-131 to remove three
eucalyptus trees, one California pepper tree, two willow trees, and a small olive bush from
the property:
1. Whether the project site has been designed to preserve the maximum number of
existing trees on the site. The proposed project will remove a total of seven
trees on site. The site plan has been designed to preserve the large grouping of
California pepper trees located in the common area. A total of 82 new trees,
including California Sycamores, Coast Live Oaks, Eastern Redbuds, and
Arbutus Marina trees, will be planted as a result of this project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby determines that the proposed
project qualifies for a statutory exemption from CEQA for Architectural Control 06-14; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control 06-
PC Resolution 07-09-25- 4 September 25, 2007
14 and Tree Removal Permit 07-131 (Little Hollywood Affordable Rental Unit Expansion
Project), subject to those conditions of approval established by Exhibit A, attached hereto
and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall be
valid for a period of two years from the effective date of the Planning Commission approval
and shall expire on September 25, 2009, unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 25nd day of September, 2007,
by the following vote, to wit:
AYES: Cardoza, Cohen, Kerr, Neely, Ratcliffe
NOES: None
ABSTAIN: None
ABSENT: None
RECUSAL: None
Robert Cardoza, Chairman
Steven A. Apple, PlanningW)5(6r-, Secretary
(PAPlanning\Plan shared\Dept. Forms\Form-PC-Resolution.wpd)
RESOLUTION #: 07-09-25-1
EXHIBIT A
CONDITIONS OF APPROVAL
Project #: AC 06-14, Tree Removal Permit 07-131
Project Name: LITTLE HOLLYWOOD
AFFORDABLE RENTAL UNIT EXPANSION PROJECT
APPROVAL DATE: September 25, 2007 (Planning Commission Approval)
EFFECTIVE DATE: September 25, 2007
EXPIRATION DATE: September 25, 2009
These conditions of approval apply to Architectural Control # AC 06-14 to add 10
additional affordable manufactured housing rental units on approximately 1.67 acres in
Little Hollywood zoned "SP" located at the northern terminus of Paseo Adelanto
between Ramos and Mission Streets, San Juan Capistrano, California. 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:
Architectural Control 06-14 and Tree Removal Permit 07-131 (Little
Hollywood Affordable Rental Unit Expansion Project) are granted to add
10 affordable manufactured housing rental units consisting of 10 single-
family units on 1.67 acres located at 121-142-01 and 07 (APN's) and to
remove three eucalyptus trees, one California pepper tree, two willow
trees, and a small olive bush. This approval is granted based on the
application materials submitted by Adams -Streeter Civil Engineers, Inc.,
on September 10, 2007, prepared by Adams -Streeter Civil Engineers, Inc.
and Land Concern for a preliminary grading plan and prepared by Land
Concern dated June 11, 2007 and submitted to the Planning Department
on September 10, 2007, for an architectural site plan, elevations, and floor
plans. 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. The final
landscape plan, including revisions to the bioswale treatment, entry area
at the southern property boundary, and the landscaping to the north and
south of the Orange County Flood Control access road, shall be reviewed
and approved by the Design Review Committee. Minor modifications to
EXHIBIT A
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 2 of 17
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. This approval shall become effective
immediately following the date of the Planning Commission and shall
expire September 25, 2009, 24 months after the effective date of the
approval unless building permits have been issued, 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 the expiration date of this approval,
except as otherwise approved by the Planning Director.
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 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, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. _ The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 3 of 17
6. _ Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to review and
approval by the Planning Department and Building and Safety
Department.
7. _ In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
8. _ The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or
occurring incidental to the establishment or operation.
9. _ The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
10. _ The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of
Orange for processing environmental documents, if applicable.
11. _ 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.
12. _ Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements, including
the Capistrano Circulation Fee Program fee, 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)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 4 of 17
13. _ 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. (ENG)
14. _ 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)
15. _ Landscape Plans. Prior to issuance of a grading permit, the applicant
shall submit revision to the landscape plan for final approval by the Design
Review Committee, including landscaping in the bioswale area consistent
with the Los Rios Park bioswale treatment, increased landscaping at the
project entry area, and landscaping to the north and south of the Orange
County Flood Control access road. (PLN)
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)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 5 of 17
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. (PLN)
c. Location, height, materials and colors of any retaining walls. (PLN)
d. 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)
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
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 6 of 17
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. _ 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/B&S)
23. Connection to City Drain must be Documented and Filed. Prior to
issuance of grading permit, any proposed connections to existing public
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 7 of 17
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)
24. _ 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, non-structural, and treatment control 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)
25. _ 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 (NO]) 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. (ENG)
26. _ 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)
27. _ 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)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 8 of 17
28. _ Revised Plans. Prior to issuance of a grading permit the applicant shall
submit a revised site plan to the Planning Department for approval which
incorporates changes approved by the Planning Commission and/or City
Council and reflects consistency with these conditions of approval and
with the City's Design Guidelines. Six copies of the revised site each plan
are required, except as otherwise authorized by the Planning Director.
(PLN)
29. _ 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)
30. _ 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)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
31. 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)
32. _ 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 City Council, 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.
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Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 9 of 17
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.
e. Applicant is encouraged to incorporate Green Development
Techniques into the landscaping and design features as recommended
by the City Engineer.
33. Geotechnical Report. The project design and construction shall
incorporate the recommendations contained in the geotechnical report
dated January 25, 2007 and the Addendum to Preliminary Geotechnical
Investigation dated April 26, 2007 prepared by Lawson & Associates
Geotechnical Consulting, Inc. (B&S/ENG)
34 _ Traffic Control Plans. Prior to issuance of a right-of-way permit for the
street improvements, the applicant shall submit to the City Engineer and
shall obtain approval for Traffic Control Plans, if deemed applicable by the
City Engineer. (ENG)
35. _ 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. In addition, the Street
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 10 of 17
Improvement Plans shall show the following required improvements for
this project: (ENG/B&S)
a. All requirements for disabled access shall be met. Any deviation
from City requirements shall be reviewed and approved by the City
Engineer.
b. Street lights within the public right-of-way and within the project site
shall be provided per City standards.
36. _ 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).
37. _ 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)
38. _ 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. (ENG)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 11 of 17
39. _ Water System Improvements. Prior to the issuance of building permits,
the applicant shall complete the construction of all of the public
improvements to the domestic water system, fire protection improvements,
and irrigation facilities required to serve the subject project in compliance
with City municipal codes, standards, specifications, and the City's water
standard specifications. (PW)
40. _ Water Service Connection. Prior to the issuance of a building permit, the
project applicant shall construct water service connections that are
adequate to provide the necessary water demand for domestic, fire
protection, and irrigation/landscaping improvements. These water service
connections shall be to City maintained water main pipelines. These
connections shall be subject to the submission, review, and approval by
the Water Engineering Manager all 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, Ordinance No. 895, and the Municipal Code § 9-3.527
(Landscape Water Conservation Standards). (PW/PLN)
41. _ Water Improvement Agreement or Subdivision 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 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)
42. Landscaping and Green Development Techniques. Applicant is
encouraged to incorporate Green Development Techniques, including low-
water demand landscaping, "smart irrigation" timers, etc., and shall show
the following information and requirements, if applicable: (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.
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 12 of 17
c. Turf areas shall be limited in area and 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. Location, height, materials and colors of all proposed and existing
walls and fences.
g. Location and details for all common area furniture, including trash
receptables, picnic tables, barbeques, benches, etc.
43. _ Water Availability. P rior 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. If sufficient water to meet fire flow requirements is not available,
an automatic fire extinguishing system may be required in each structure
affected. (OCFA)
44. _ School Fees. Prior to issuance of a building permit, the project applicant
shall provide evidence that all applicable school impact fees have been
paid in as required by the school district and in compliance with State law.
(B&S)
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.
45. 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
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 13 of 17
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
46. 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)
47. Water Quality Management Plan. Prior to the commencement of a
grading permit to begin construction activities, the final Water Quality
Management Plan shall be prepared and submitted to the City Engineer
for review and obtain approval. (ENG)
48. _ Archaeological/Paleontological Resources. During construction activities,
if archaeological and/or paleontological resources are encountered, the
contractor shall be responsible for immediate notification and securing of
the site area immediately. A qualified archaeologist and/or paleontologist
approved by the City shall be retained by the property owner to establish,
in cooperation with the project developer and City, procedures for
temporarily halting or redirecting work to permit sampling, identification,
and evaluation of cultural resource finds. If major archaeological and/or
paleontological resources are discovered which require long-term halting
and redirecting of grading, a report shall be prepared identifying such
findings to the project developer and to the City of San Juan Capistrano.
Discovered cultural resources shall be offered to the City of San Juan
Capistrano or its designee or a first -refusal basis. (PLN)
49. _ 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)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 14 of 17
50. _ 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)
51. _ 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)
52. 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/B&S)
53. _ Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
54. _ Construction Mitigation of Air Quality Impacts. During construction
activities, the applicant shall ensure that the following measures are
complied with to reduce short-term (construction) air quality impacts
associated with the project: a) controlling fugitive dust by regular
watering, or other dust palliative measures to meet South Coast Air
Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b)
maintaining equipment engines in properly tune; and c) phasing and
scheduling construction activities to minimize project -related emissions.
(PLN/B&S)
55. Construction Mitigation of Odors. During construction activities, the
applicant shall ensure that the project will comply with SCAQMD Rule 402
(Nuisance), to reduce odors from construction activities. (PLN/B&S)
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:
56. _ 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,
including the completion of the street improvements and all related
Resolution If 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 15 of 17
appurtenances, in accordance with the approved plan and approved
exceptions. (ENG)
57. Provide As -Built Molars/Digital Format. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer for review and obtain approval for the
reproducible "As Built" Duplicate Mylar Plans of all improvement works
completed and accepted. Said plan shall be prepared by a Registered
Civil Engineer. Additionally, the applicant shall submit digital copies of all
"As Built" plans, at no cost to the City, in accordance with the latest edition
of the City of San Juan Capistrano Digital Submission Standards. (ENG)
58. _ 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)
59. _ 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)
60. _ Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of
improvements and release of performance securities, the applicant shall
submit to the City Engineer, for review and obtain approval for, a video
tape, filmed in the presence of a City Staff representative/inspector, of all
sewer and drainage improvements. The video shall become the property
of the City. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
61. _ 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)
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date: September 25, 2007
Unit Expansion Project)) Page 16 of 17
62. _ Dedication of Water Facilities. Prior to final inspection of water
improvements and issuance of Certificates of Occupancy, the applicant
shall dedicate to the City, at no cost to the City, all public water facilities
and pertinent easements.. (PW)
63. _ 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 pedestrian walkways,
seating, and other improvements shown on the Final Landscape Plan
shall be installed to the satisfaction of the Planning Department. (PLN)
64. _ 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,
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)
65. _ Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the applicant shall submit final reports for any historical,
cultural, archaeological or paleontological resources recovered from the
project site during grading or construction, if applicable. Reports shall
include information on disposition of resources. (PLN)
66. Final Planninq 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)
67. Utilitv 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
Resolution # 07-09-25- Final Conditions of Approval
Project # AC 06-14 (Little Hollywood Affordable Rental Date. September 25, 2607
Unit Expansion Project)) Page 17 of 17
of the City Engineer. Any exception to, or deviation from this condition
shall be subject to review and approval by the City Engineer. (ENG).
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: September 25, 2007
Resolution No.: 07 -09 -25 -
Effective Date: September 25, 2007
Applicant Acceptance of Conditions of Approval:
San Juan Capistrano
Community Redevelopment Agency
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Date