PC Resolution-07-03-27-01PC RESOLUTION NO. 07-3-27-01
SEASONS II SENIOR APARTMENT PROJECT
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CALIFORNIA ADOPTING A MITIGATED
DECLARATION AND APPROVING ARCHITECTURAL CONTROL (AC)
06-21 FOR A SENIOR APARTMENT PROJECT, AND FORWARDING
GENERAL PLAN AMENDMENT GPA 06-02 TO THE CITY COUNCIL
WITH A RECOMMENDATION OF APPROVAL
WHEREAS, Seasons Senior Apartments II L.P, has filed an application with the
City of San Juan Capistrano for approval of a General Plan Amendment and
Architectural Control application for a senior citizen affordable project with 38 apartment
units on approximately 1.2 acres at the corner of Paseo Espada and Rancho Viejo
Road, the landscaping site plan for the project being as shown on Exhibit A attached
hereto, and the legal description being Assessors Parcel 666-241-07; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, an Initial Study was prepared for the above -referenced project and
determined that, although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because of the mitigation
measures described in the Initial Study and included in the project or imposed as
conditions of project approval; and, in consideration of the Initial Study findings, the City
Council approved a Mitigated Negative Declaration for the project on November 7,
2006; and
WHEREAS, on March 27, 2007, the Planning Commission of the City of San Juan
Capistrano conducted a duly -advertised public hearing regarding the proposed project
and considered evidence presented by the Design Review Committee, City staff, and
other interested parties; and
WHEREAS, zoning and development on the subject property is regulated by the
Ortega Comprehensive Development Plan (CDP) previously adopted pursuant to
Section 9-3.315 of Title 9 of the City's Municipal Code, and the property is situated in
Planning Sector A-1 of the CDP, which includes "senior apartments" as a permitted
principal use; and
WHEREAS, The Planning Commission finds as follows with regard to the General
Plan Amendment:
1. The property is designated "General Commercial" on the General Plan Map.
Therefore, the project requires a General Plan Amendment to "Affordable
Family/Senior Housing". The proposed designation is consistent with the
project concept and with the adjacent Seasons I project.
2. The proposed designation is more appropriate to the character and location of
the property than the present commercial designation which constitutes an
isolated 'island' of commercial surrounded by senior housing and assisted care
uses.
3. The "Affordable Family/Senior Housing" designation provides for up to 25.0
dwelling units per acre. The proposed project will restrict all units for low and/or
very -low income households for a period of 55 years (the affordability covenant
will run with the land). The Housing Element and City's Municipal Code allows
a 25 percent affordable housing density bonus for eligible affordable housing
projects. For a 1.2 acre site with an existing density of 25.0 dwelling units per
acre, the applicant is allowed to develop 38 affordable units (i.e. 1.2 acres x 25
x 1.25%), as proposed.
WHEREAS, The Planning Commission finds as follows with regard to the
Architectural Control application:
1. The proposed development is permitted within the applicable Planning Sector
in that it complies with all applicable provisions of the Zoning Code and the
Comprehensive Development Plan (CDP) covering the property, the goals,
objectives, and policies of the San Juan Capistrano General Plan, and the
purpose and intent of the "PC" zone in which the development is being
proposed.
2. The site is suitable for the type and intensity of development that is proposed
in that it complies with the type and intensity requirements of the General
Plan and CDP.
3. As conditioned, the proposed development will not be detrimental to the
public health, safety, or welfare, nor materially injurious to properties and
improvements in the vicinity in that the land use is consistent with the General
Plan and CDP and is harmonious with the existing and planned land uses on
surrounding properties.
4. As conditioned, the proposed development will not be unsightly or create
disharmony with its locale and surroundings in that the site, landscaping,
architectural, and other plans have been reviewed to ensure design quality
and consistency with applicable City ordinances and policies relating to
design and visual standards.
5. As conditioned, the proposed development will minimize or eliminate adverse
physical or visual effects which might otherwise result from unplanned or
inappropriate development, design or location in that the development is
consistent with the General Plan, Zoning Code, and CDP relating to land use,
development standards, and other applicable regulations and policies.
NOW THEREFORE BE IT RESOLVED, that, based on the preceding findings,
the Planning Commission hereby approves the Architectural Control application subject
to the conditions listed in Exhibit A attached hereto;
BE IT FURTHER RESOLVED, that, based on the preceding findings, the
Planning Commission hereby forwards the General Plan Amendment to the City Council
with a recommendation of approval.
PASSED, APPROVED AND ADOPTED this 27th day of March, 2007 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Robert Car za, Chairman
Steven Apple, Pl�ijpi6g4irector
Secretary
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPERATION DATE:
GENERAL CONDITIONS:
RESOLUTION #: 07-3-27-01
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Architectural Control (AC) 06-21
Seasons II Senior Apartments
March 27, 2007
April 11, 2007
March 27, 2007
1. Conceptual Water Quality Management Plan (WQMP). The subject project is
categorized as a "Priority Project" in the City's Local Implementation Plan. Therefore,
prior to placement of this project item to the Planning Commission for consideration, the
applicant shall submit to the City Engineer, for review and shall obtain approval of, a
Conceptual Water Quality Management Plan (CWQMP), prepared by a registered Civil
Engineer, identifying structural and non-structural treatment control Best Management
Practices (BMP's) that will be used on-site to control predictable pollutant runoff. (ENG)
2. Monitoring for Cultural Resources. The developer shall retain the services of a SOPA
(Society of Professional Archaeologists) certified archeologist who will monitor all
grading and excavation for potential cultural resources including archeological,
paleontological, and historic resources. Prior to grading permit issuance, the applicant
shall provided an executed contract for services with the SOPA including a scope of
work which provides for comprehensive monitoring; a contingency for assessment,
recovery, and /or evaluation; and the preparation of technical memorandum or report
subject to approval by the Planning Director or designee. In the event cultural resources
are encountered during grading, the monitor may order that grading operations cease,
consistent with City Council policy No. 601, to allow for the assessment, recovery, and/or
evaluation of any cultural resources. In addition, the developer shall arrange for
monitoring of grading and excavation activities 18" in depth or greater by a
representative of the Juaneno Band of Mission Indians. (PLNG)
3. Mitigation Measures. The developer shall implement and satisfy all mitigation measures
identified in the Initial Study prepared for the project and approved by the City Council on
November 7, 2006. The Planning Director may modify such mitigation measures or
impose substitute mitigation measures if the Director determines that such modifications
or substitute measures are necessary to ensure the feasibility of the mitigation measure
and/or to achieve its purpose as identified in the Initial Study. (PLNG)
CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF GRADING AND RIGHT-OF-WAY
IMPROVEMENT PERMITS:
Resolution # 07-3-27-1 Final Conditions of Approval
Project # AC 06-21, Season H Apartments: Date: March 27, 2007
Page 2 of 6
4. Fees and Securities. Prior to issuance of grading and right-of-way improvement permits,
the applicant shall fulfill all applicable fee requirements in accordance with the City
Municipal Code and shall post securities for all on-site, off-site and frontage
improvements to insure satisfaction of performance. Security may be reduced upon
partial completion of public improvements to the satisfaction of City Engineer. (ENG)
5. 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 of a final Water Quality Management Plan (WQMP). 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 and the Clean Water Act. (ENG)
6. Storm Runoff, Hydraulic/Hydrology Calculations. 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 of a Storm Runoff study, prepared by a registered civil
engineer, showing existing and proposed facilities, hydraulic and hydrologic calculations
and the methods of draining on-site and tributary areas without exceeding the capacity of
any affected street, facility or natural swale. Said study shall be consistent with the City's
Master Drainage Plan in accordance with all applicable City regulations, the OCPF&RD
design criteria, and standards. Any exception to, or deviation from this condition shall be
subject to review and approval by the City Engineer. (ENG)
7. Erosion and Sediment Control. 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 of Erosion and Sediment Control Plans, prepared by a registered civil
engineer. These plans shall show all temporary and/or permanent erosion and sediment
control measures in accordance with the National Pollutant Discharge Elimination
System NPDES Permit. (ENG)
8. Soils/Geology Report. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer and Building Official for their
review and obtain approval of a Soils Report/Geotechnical Feasibility Study, prepared by
a registered geologist and/or Soils Engineer, to determine the seismic safety and soils
stability of all proposed grading and development improvements within the project as
well as any affected adjacent property. The Report shall also indicate preliminary
pavement sections and substructure bedding/backfill recommendations for the driveway
and parking lot areas. (ENG)
9. Grading Plans. Prior to issuance of grading and right-of-way improvement permits, the
applicant shall submit to the City Engineer and Building Official for their review and
obtain approval of grading plans prepared by a registered civil engineer. These plans
shall show the limits of grading, drainage, sewer, water and a pedestrian access path
between the circular cul-de-sac and the sidewalk at Rancho Viejo Road. The extent of
the topography shall be extended enough to determine the drainage impacts to adjacent
properties. The elevations shall correspond with the Orange County benchmark datum.
Unless determined otherwise by the City Engineer, runoff must be filtered with Best
Management Practices (BMP's) methods then conveyed to the street or to a City
approved drainage facility. (ENG)
Resolution # 07-3-27-1
Project # AC 06-21, Season // Apartments:
Final Conditions of Approval
Date: March 27, 2007
Page 3 of 6
10. _ Haul Route Plan. For importation/exportation of soil in and out of the project site, prior to
issuance of a grading permit, the applicant shall submit to the City Engineer for review
and obtain approval of, a Haul Route Plan for importation/exportation of soil in and out of
the project site that is specific to the project and in compliance with all applicable City
standards. (ENG)
11. Haul Route Permit. For importation/exportation of soil in and out of the project site, prior
to issuance of grading and right-of-way improvement permits, the applicant shall submit
a permit application, provide security deposit and obtain a Haul Route Permit from the
Engineering Division which will specify the dates and times and head ways for hauling
activities. (ENG)
12. Street Frontage Improvement Plans. Prior to issuance of applicable right of -way
improvement permits, the applicant shall submit to the City Engineer, for review and shall
obtain approval of, Street Frontage Improvement Plans for Ranch Viejo Road and Paseo
Espada, prepared by a Registered Civil Engineer. These plans shall show all existing
and proposed improvements. Proposed improvements shall include concrete sidewalk
along the entire Rancho Viejo Road frontage, Street lights along.Rancho Viejo Road and
Paseo Espada, removal and replacement of existing broken or deteriorated sections of
sidewalk, curb and gutter and driveway approach. (ENG)
13. Sewer Water and Trash. Prior to approval of on-site utility plans, the applicant shall
obtain approval of said plans by the City Engineer, and shall obtain approval of 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, if deemed necessary by the City Engineer, shall be connected to the sewer
system through an inlet in the center with a traffic rated grate; a concrete apron shall be
constructed in front of the trash enclosure. The site plan shall be specific to the project,
which reflects consistency with the City's Sewer and Water standards. Any exception to,
or deviation from this condition shall be subject to review and approval by the City
Engineer. (ENG)
14. Water Improvement Agreement. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall execute a Water Improvement Agreement
with the City, shall pay all applicable domestic and non-domestic Water Development
Charges in accordance with the Water Division 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)
15. 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 fire protection requirements to serve the subject project
and shall provide evidence of satisfactory fire flow. (PW)
16. Hydraulic Analysis, Prior to the issuance of grading or right-of-way improvements
permits, the applicant shall be responsible for the design of water improvements
necessary to provide for domestic water facilities adequate to provide the required fire
protection water facilities and domestic water demands. The applicant shall submit a
Resolution # 07-3-27-1
Project # AC 06-21, Season 11 Apartments:
Final Conditions of Approval
Date: March 27, 2007
Page 4 of 6
hydraulic analysis which supports said water demands to the Public Works Department.
(PW)
17. Dedication of Water Facilities. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall dedicate, at no cost to the City, all public water
facilities, water rights, and any required easements to the City for related project
improvements. (PW)
18. Water Improvement Plans. Prior to the issuance of grading and 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 (Engr. &
PW)
CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS:
19. Fees and Securities. Prior to issuance of Building Permits, the applicant shall fulfill all
applicable fee requirements in accordance with the City Municipal Code and shall post
securities for all on-site, off-site and frontage improvements to insure satisfaction of
performance. Security may be reduced upon partial completion of public improvements
to the satisfaction of City Engineer. (ENG)
20. Prior to issuance of Building Permits, the applicant shall submit to the Design Review
Committee for review, and obtain approval of, the following (PLNG):
Exterior lighting using a cutoff shield type fixture as an alternative to the lantern
style lights; and
Landscaping details such as walls and sidewalks, including the steps down to the
bus stop area.
21. Dry Utilities. Prior to issuance of Building Permits, the applicant shall submit to the City
Engineer, for review and obtain approval of improvement plans for any above -ground
electrical, gas, telephone and cable television and appurtenant pedestals to ensure
compatibility with existing and proposed improvements. Any exception to, or deviation
from this condition shall be subject to review and approval by the City Engineer. (ENG)
22. Traffic Study. Prior to issuance of grading and right-of-way improvement permits, the
applicant shall submit to the City Engineer for review and obtain approval of a Traffic
Feasibility Study, prepared by a Registered Traffic Engineer, which evaluates the
proposed development project and mitigates its anticipated traffic impacts. Said study
shall be in compliance with the Master Plan of Arterial Highways and consistent with the
City's Master Plan of Streets and Highways Standards, the Traffic Demand Management
Ordinance and the Administrative Policy 310 (Preparation of and Use of Traffic Studies).
(ENG)
23. Completion of Water Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system, non-domestic
Resolution # 07-3-27-1
Project # AC 06-21, Season 11 Apartments:
Final Conditions of Approval
Date: March 27, 2007
Page 5 of 6
(recycled) water system improvements, and irrigation facilities required to serve the
subject project in compliance with City municipal codes, standards, specifications, the
Rules and Regulations for Users of Non-domestic Water and the City's water standard
specifications. (PW)
24. Non-domestic Irrigation Improvements. Prior to the issuance of building permits, the
applicant shall be responsible for designing all landscaping and irrigation improvements
that are identified as a non-domestic (recycled) water use in accordance to the City water
standard specifications, the Rules and Regulations for Users of Non-domestic Water, and
the City Municipal Code 9-3.617. (PW)
FIRE PROTECTION CONDITIONS:
25. Fire Hydrant Location. Prior to issuance of a building permit, the applicant shall submit a
fire hydrant location plan to the Fire Chief for review and approval. (Fire)
26. Water for Fire Flow. Prior to the issuance of a building permit, the applicant shall provide
evidence of water for adequate fire flow. The "Orange County Fire Authority Water
Availability for Fire Protection" form shall be signed by the applicable water authority and
submitted to the Fire Chief for approval. (Fire).
27. Water Availability. Prior to the issuance of a building permit, the applicant shall submit a
letter on company letterhead stating that water for fire -fighting purposes and all-weather
fire protection access roads shall be in place and operational before any combustible
material is placed on site. Building permits will not be issued without Orange County Fire
Authority approval obtained as a result of an on-site inspection. (Fire)
28. Fire Sprinklers. Prior to the issuance of a building permit, the applicant shall submit plans
or the required automatic fire sprinkler system in all structures to the Fire Chief for review
and approval OCFA.
CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY:
29. Installation of Landscaping. Prior to approval of final inspection, the applicant shall
install all landscaping and irrigation. The applicant 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. (PLN & ENG) .
30. Complete All Improvements to the City's Satisfaction. Prior to issuance of Certificate of
Occupancy, the applicant shall complete, to the satisfaction of the City Engineer, all
facility improvements, necessary to serve the development in accordance with the
approved plan and approved exceptions. (ENG)
31. Provide Mylars of Plans and Digital Copies. Prior to issuance of a certificate of
occupancy or final inspection, the applicant shall submit to the City Engineer and the
Public Works Director for review and obtain approval of the reproducible "As -Built"
Plans of all public improvement works completed and accepted. Said plan shall be
prepared by a. registered civil engineer. Additionally, the applicant shall submit
reproducible "Record Drawing" mylar plans that call out any deviations from the signed
r.<esolution # 07-3-27-1 Final Conditions of Approval
Project # AC 06-21, Season// Apartments: Date: March 27, 2007
Page 5 of 6
(recycled) water system improvements, and irrigation facilities required to serve the
subject project in compliance with City municipal codes, standards, specifications, the
Rules and Regulations for Users of Non-domestic Water and the. City's water standard
specifications. (PW)
24. Non-domestic Irrigation Improvements. Prior to the issuance of building permits, the
applicant shall be responsible for designing all landscaping and irrigation improvements
that are identified as a non-domestic (recycled) water use in accordance to the City water
standard specifications, the Rules and Regulations for Users of Non-domestic Water, and
the City Municipal Code 9-3.617.. (PW)
FIRE PROTECTION CONDITIONS:
25. Fire Hydrant Location. Prior to issuance of a building permit, the applicant shall submit a
fire hydrant location plan to the Fire Chief for review and approval. (Fire)
26. Water for Fire Flow. Prior to the issuance of a building permit., the applicant shall provide
evidence of water for adequate fire flow. The "Orange County Fire Authority Water.
Availability for Fire Protection" form shall be signed by the applicable water authority and
submitted to the Fire Chief for approval. (Fire).
27. Water Availability. Prior to the issuance of a building permit, the applicant shall submit a
letter on company letterhead stating that water for fire -fighting purposes and all-weather
fire protection access roads shall be in place and operational before any combustible
material is placed on site. Building permits will not be issued without Orange County Fire
Authority approval obtained as a result of an on-site inspection. (Fire)
28. Fire Sprinklers. Prior to the issuance of a building permit, the applicant shall submit plans
or the required automatic fire sprinkler system in all structures to the Fire Chief for review
and approval OCFA.
CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY:
29. Installation of Landscaping. Prior to approval of final inspection, the applicant shall
install all landscaping and irrigation. The applicant 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. (PLN & ENG)
30. Complete All Improvements to the City's Satisfaction. Prior to issuance of Certificate of
Occupancy, the applicant shall complete, to the satisfaction of the City Engineer, all
facility improvements, necessary to serve the development in accordance with the
approved plan and approved exceptions. (ENG)
31. Provide Mylars of Plans and Digital Copies. Prior to issuance of a certificate of
occupancy or final inspection; the applicant shall submit to the City Engineer and the
Public Works Director for review and obtain approval of the reproducible "As -Built"
Plans of all public improvement works completed and accepted. Said plan shall be
prepared by a . registered civil engineer. Additionally, the applicant shall submit
reproducible `Record Drawing" mylar plans that call out any deviations from the signed
Resolution # 07-3-27-1 Final Conditions of Approval
Project #A C 06-21, Season ll Apartments: Date: March 27, 2007
Page 6 of 6
plans of all the domestic water system, non-domestic (recycled) water system, and the
landscape irrigation system, sewer, storm drain, and street improvements, and shall
submit digital copies of all "As -Built" plans in accordance with the latest edition of the
City of San Juan Capistrano Digital Submission Standards. (ENG/PW)
32. Water Quality Implementation. Prior to issuance of certificate of occupancy, the
applicant shall:
(1) Demonstrate that all structural best management practices (BMPs) described in
the project's WQMP have been constructed and installed in conformance with
approved plans and specifications;
(2) Demonstrate that applicant is prepared to implement all non-structural BMPs
described in the project's WQMP.
(3) Demonstrate that an adequate number of copies of the project's approved
WQMP are available onsite;
(4) Submit for review and approval by the City an Operations and Maintenance
(O&M) Plan for all structural BMPs. (Engr.)
FIRE PROTECTION CONDITIONS
33. Completion of Sprinkler System. Prior to the issuance of a certificate of occupancy, the
applicant shall demonstrate that the required sprinkler system is operational in a manner
meeting the approval of the Fire Chief OCFA.
Responsible Agencies: B&S
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
PW =
Public Works Department
OCFA =
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
'11IeJ
Sarah White, Applicant
Date
f