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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