PC Resolution-06-08-22-03PC RESOLUTION NO. 06-08-22-3
ARCHITECTURAL CONTROL 06-01, TREE REMOVAL PERMIT 06-088
(CALLE ROLANDO VILLAS)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
AN ARCHITECTURAL CONTROL APPLICATION AND TREE REMOVAL PERMIT FOR A
27 -UNIT AFFORDABLE CONDOMINIUM PROJECT ON A 2.7 ACRE PARCEL LOCATED
AT THE EASTERLY TERMINUS OF CALLE ROLANDO (ASSESSORS PARCEL
NUMBERS 668-421-03 AND 04) (HABITAT FOR HUMANITY OF ORANGE COUNTY,
INC.)
Whereas, Habitat for Humanity of Orange County, Inc., 2200 South Ritchey,
Santa Ana, California 92705, has requested approval of applications for an Architectural
Control application for a site plan, conceptual grading design, conceptual landscape plan,
architectural floor plans and elevations to allow 27 affordable condominium housing units
(thirteen duplexes and one single-family unit) on 2.7 acres owned by the San Juan
Capistrano Community Redevelopment Agency located at the easterly terminus of Calle
Rolando, which is General Plan -designated "Medium High Density"; and,
Whereas the applicant has concurrently filed applications for Tentative Tract
17027 and Floodplain Permit 06-01 on the subject property; and,
Whereas, on February 10, 2004, the San Juan Capistrano Community
Redevelopment Agency purchased the 2.7 acre parcel located at the easterly terminus of
Calle Rolando for the purpose of constructing an affordable housing project; and,
Whereas, the City Council of the City of San Juan Capistrano has initiated a
property rezone from the interim zoning designation of "*IP/MHD" (Interim Industrial
Park/Medium High Density) to "RG 4,000" (Residential Garden 4,000) consistent with the
existing "Medium High Density" General Plan designation; and,
Whereas, the proposed project density is consistent with the "Medium High
Density" General Plan designation of up to 8 dwelling units per acre plus the 25 percent
density bonus allowed for an affordable housing project; 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 9 low-income restricted units and 18 very -low income restricted
units for a period of 60 years; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
PC Resolution 06-08-22-3 2 ' August 22, 2006
Whereas, the proposed project will require the removal of two 30"-36"
American Elm trees on the site because the 1.5' difference in existing grade versus
proposed finished grade necessary to accommodate the 100 -year storm event
requirements of FEMA; and,
Whereas, the Environmental Administrator has reviewed the initial study
prepared for the proposed project pursuant to Section 15063 and 15064 of the CEQA
Guidelines, has issued a mitigated negative declaration pursuant to Section 15070 of those
guidelines; has caused a Notice of Mitigated Negative Declaration to be posted pursuant to
Section 15072 of those guidelines, and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and all mitigation measures
have been applied to the project through conditions of approval; and,
Whereas, state law requires that cities grant up to two concessions for
affordable housing projects, and this project incorporates one concession for a deviation
from the required first floor to second floor ratio; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA) and has considered all project environmental documentation and
technical studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on August 22, 2006 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
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 06-01:
1. 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 "Medium High Density" designation of 8 dwelling units per acre plus
the 25 percent density bonus for an affordable housing project; (b) the proposed
project is consistent with the "RG -4,000" zoning designation that allows up to 8
dwelling units per acre, including single-family, duplexes, attached and detached
zero lot line homes; (c) the proposed project meets the development standards for
building height, building setbacks, parking, minimum street frontage, minimum lot
area, maximum lot coverage, and private common recreational area, except for the
concession for the first -to -second floor ratio; 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
PC Resolution 06-08-22-3 3 August 22, 2006
the Community Design Element in that the project utilizes similar building materials
to the adjacent Village Alipaz residential tract, including visually pleasing roof
materials, larger buildings (duplexes) to provide more useable spaces, including a
private passive park to maximize open spaces, and use of landscaping; (2) the
proposed project is 10 dwelling units per acre and meets the "Medium High Density"
designation of up to 8 dwelling units per acre, plus the 25 percent density bonus, in
the Land Use Element; (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 9 low-income restricted
units and 18 very -low income restricted units for a period of 60 years; and,
3. The site is compatible with surrounding existing and proposed land uses because
the proposed residential project is adjacent to single-family residential to the south
and east with an identical zoning classification and a mobile home park to the north.
Existing uses immediately adjacent to the west include a mini -storage facility on the
south side of the street and mini-storage/office use on the north side of the street.
The mini -storage and office uses do not generate noise, traffic, or odors and will not
adversely impact the proposed residential project. The zoning for the industrial park
is an interim zoning designation for industrial park that is proposed to be zoned for
medium high density residential in the future; and,
4. The general design considerations, including the character, scale and quality of the
design are consistent with the adopted Architectural Design Guidelines of the City
because the proposed buildings have a similar appearance to the adjacent
residential single-family residences to the south and east complimenting the
surrounding built environment; (2) the maximum height of the two-story structures is
24'-25' and well under the 35' maximum height limit; (3) the proposed project
incorporates high quality building materials and architectural details, including
trellises, gables, shutters, a variety of natural colors for the stucco, roofs, and
architectural details, decorative pavers to allow for water infiltration, variable
setbacks, sidewalks, a passive park within easy walking distance for all residents,
drought -tolerant landscaping, minimum 20' driveways, and on-site 5' sidewalks.
5. The site plan is functional and safe in regards to existing or mitigated off-site
conditions as they relate to adequacy of vehicular, bicycle and pedestrian circulation
because (1) the proposed project incorporates all mitigation measures included
within the Mitigated Negative Declaration; (2) the proposed project provides 123
parking spaces where only 76 parking spaces are required; (3) the proposed project
will provide a 5' sidewalk in front of all residences and a 4' to 5' sidewalk from the
project site to Alipaz Street; (4) the proposed project will widen the existing Calle
Rolando to provide for a 25' through travel lane for traffic and parking pockets on
both sides of the street increasing existing off-site street parking from 17 spaces to
20 spaces; and,
PC Resolution 06-08-22-3 4 August 22, 2006
6. The general landscape design, including the location, type, size, color, texture and
coverage of plant materials has been considered to insure visual relief to
complement buildings and structure in that (1) the proposed project includes 48
perimeter evergreen trees to screen the project from adjacent properties and
residences; (2) the proposed landscaping utilizes a variety of trees, shrubs, and turf
that provide a wide array of colors, including reds, purples, greens, oranges, blues,
pinks, yellows, and beiges; (3) the proposed project incorporates accent paving and
permeable paving in the passive park and for the on-site guest parking spaces; (4)
the proposed project provides 38 additional trees on the interior of the project site
that provide street trees and trees between each of the units and in open areas; and
(5) the existing street trees along Calle Rolando will be retained to the extent
feasible, and new trees will be planted.
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 06-088 to remove two
American Elm trees from the property:
1. Whether the project site has been designed to preserve the maximum number of
existing trees on the site. The applicant has attempted to position the building
for Units 1 and 2 to preserve one American Elm. The tree is located such that it
would be 11 feet from the structure. The second tree is not able to be preserved
since the building location for Units 1 and 2 cannot be moved to the east any
further. If the structure is relocated closer to the north boundary, this would
increase the driveway lengths and result in additional hardscape. The Design
Review Committee recommended that the structure be moved more to the south
to reduce the amount of hardscape.
2. The topography of the property and the effect of tree removal on erosion, soil
retention, and the diversion or increased flow of surface waters. The topography
of the site is one of the primary reasons for the removals. The proposed project
site is located within the hazardous flood zone designation for a 100 -year storm
event. Development of the site will require raising the finish grade as required
by FEMA. The proposed finished grade at the location of the trees will be
approximately 1.5' higher than currently exists resulting in the need for the
.removals.
3. The adverse visual impacts of tree removals upon surrounding properties and
streets the decrease in visual buffering or construction mitigation which would
result from a proposed tree removal. The proposed tree removals will not result
in adverse visual impacts to surrounding properties and streets because these
two trees are located very close to an adjacent property with a very large
sycamore tree. Removal of the trees will reduce the overcrowding of trees in the
vicinity.
PC Resolution 06-08-22-3 5 August 22, 2006
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby adopts the Mitigated Negative
Declaration for Architectural Control 06-01, including the mitigation measures included in
Exhibit A, attached hereto and incorporated herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control 06-
01 and Tree Removal Permit 06-088 (Calle Rolando Villas), subject to those conditions of
approval established by Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval is subject to
approval by the City Council of Rezone 05-02 and Tentative Tract 17027 and shall become
effective on the effective date of Rezone 05-02. This project approval shall be valid for a
period of two years from the effective date of the City Council approval of Rezone 05-02,
and shall expire on November 2, 2008, 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 22nd day of August, 2006, by
the following vote, to wit:
AYES: Drey, Ratcliffe, Cohen
NOES: None
ABSTAIN: None
ABSENT: Neely
RECUSAL: Cardoza
Sheldon Cohen, Vice -Chairman
z6b�;'4�1 a_'4'0�
William Cunningham, In rim Planning Director,
Secretary
(PAPlanning\Plan shared\Dept. Forms\Form-PGResolution.wpd)
RESOLUTION #: 06-08-22-3
EXHIBIT A
CONDITIONS OF APPROVAL
Project #: AC 06-01, Tree Removal Permit 06-088
Project Name: Calle Rolando Villas
APPROVAL DATE: August 22, 2006 (Planning Commission Approval)
EFFECTIVE DATE: August 22, 2006
EXPIRATION DATE: August 22, 2008
These conditions of approval apply to Architectural Control # AC 06-01 to construct 27
affordable ownership condominium dwelling units on 2.7 acres zoned RG -4,000 located
at the easterly terminus of Calle Rolando approximately 695 feet east of Alipaz Street,
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:
1. Architectural Control 06-01 and Tree Removal Permit 06-088 (Calle
Rolando Villas) are granted to construct 27 affordable ownership
condominium dwelling units consisting of 13 duplexes and 1 single-family
unit on 2.7 acres located at 668-421-03 and 04 (APN's) and to remove
two 30"-36" American Elm trees. This approval is granted based on the
application materials submitted by Habitat for Humanity of Orange County,
Inc. on January 26, 2006, prepared by Fuscoe Engineering on June 29,
2006 for a preliminary grading plan and prepared by Nuvis Landscape
Architecture and submitted to the Planning Department on August 16,
2006 for a preliminary landscape plan and BBG Architects dated
August 14, 2006 for a 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. Minor modifications to this
approval which are determined by the Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. This approval shall become effective 30
days following the date of the City, Council's second reading of the
ordinance for Rezone 05-02 (November, 2, 2006) and shall expire
November 2, 2008, 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.
6. Applicant shall comply with the conditions on Tree Removal Permit 06-
088 regarding removal of two American Elm trees in the proximity of Unit
1. The applicant shall be required to plant a 15 gallon replacement tree in
the rear yard of Unit 1 prior to issuance of a Certificate of Occupancy.
Applicant shall include a provision in the CC&Rs that owners of Units 2-11
shall be required to plant a tree in their rear yards within 18 months of
occupancy. (PLN)
7. Approval of this project shall become effective on the date that the
Ordinance adopting Rezone 05-02 becomes effective.
8. This approval is contingent upon the concurrent approval of Tentative
Tract Map 17027, and shall become null and void upon the expiration of
said concurrent approval.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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 any permits
for the project.
15. Affordability Agreement. Prior to issuance of any permits, the applicant
shall obtain approval for an Affordability Agreement by the City
guaranteeing that nine (9) dwelling units remain affordable to low income
households and eighteen (18) dwelling units remain affordable to very -low
income households for a period no less than sixty (60) years.
16. Disposition and Development Agreement. Prior to issuance of any
permits, the applicant shall obtain approval of a Disposition and
Development Agreement for Affordable Housing by the City or Agency
and shall comply with the conditions of performance in said agreement for
conveyance of the 2.7 acre site located at the easterly terminus of Calle
Rolando (APN 668-421-03 and 04) from the San Juan Capistrano
Community Redevelopment Agency to Habitat for Humanity of Orange
County, Inc.
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
17. 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)
18. 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)
19. 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)
20. Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Conceptual grading plans
shall be subject to review by the Design Review Committee. Precise
grading shall be consistent with the approved conceptual grading plan and
site plan. These plans shall show, at minimum, the limits of grading, the
drainage, any applicable retention/detention basins, sewer, water, trails,
parkways, streets and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond
with the orange County benchmark datum. All drainage must be treated
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plans shall show the
following information: (ENG/PLN)
a. Location of all existing trees and indicate trees to be removed and
trees to remain in place (PLN)
b. Show and identify all pedestrian access ways and traffic crossings on
the site plan. Crossings shall be clearly marked, lighted and identified
throughout the interior of the project. Design of these areas shall be
reviewed and approved by the applicable City departments and shall
comply with Title 24 Handicapped Accessibility Standards and City
Building Codes. Where pedestrian aisles cross driveways, enhanced
paving shall be used. (PLN)
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)
21. 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)
22. Storm Runoff, Hydraulic/hydrology Calculations. Prior to issuance of a
precise grading permit, the applicant shall submit to the City Engineer for
review and obtain approval for a Storm Runoff Management Plan,
prepared by a Registered Civil Engineer showing existing and proposed
facilities, hydraulic and hydrologic study and calculations and the methods
of draining on-site and tributary areas without exceeding the capacity of
any impacted street or facility and without negatively affecting existing
downstream drainage systems and properties. Said study shall be
consistent with the City's Master Drainage Plan in accordance with all
applicable City regulations, OCEMA design criteria, and standards. (ENG)
23. Soils/Geology. Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Repo rt/GeotechnicaI 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)
24. 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)
25. 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)
26. 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)
27. Properties in Flood Hazard Areas per (FEMA). Prior to issuance of a
precise grading permit, for any property wholly or partially located within
the Special Flood Hazard Area A, as established by the Federal Insurance
Rate Map (FIRM), building pad elevations may be required to be
constructed above a specific elevation, which shall be confirmed with the
Federal Emergency Management Agency (FEMA) during Grading Plan
Design. (ENG)
28. Building Pad Elevations in Flood Areas. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall provide to the
Engineering and Building Director a letter of verification from the Flood
Insurance Administration (FIA) confirming that the proposed building pad
elevations are designed above the minimum specific elevation required by
FIA. (ENG)
29. FEMA Requirements to Revise Flood Insurance Rate Map (FIRM). Prior
to issuance of grading and right-of-way improvement permits, for any
property wholly or partially located within the 100 -year Flood Hazard Area
on the Flood Insurance Rate Map (FIRM), the applicant shall submit to the
City Engineer for review and obtain approval for all documentation
required by the Federal Emergency Management Agency (FEMA) or
revision to the FIRM and pay all preliminary and subsequent fees as
required by FEMA. (ENG)
30. Connection to City Drain must be Documented and Filed. Prior to
issuance of grading permit, any proposed connections to existing public
storm drains system, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to exiting plans, where points
of connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (ENG)
31. 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)
32. NPDES Permit for Grading in Excess of one (1) Acre. Prior to issuance
of grading and right-of-way improvement permits, for grading in excess of
one (1) acre, the applicant shall submit a Notice of Intent (NOI) To the
California State Water Resource Control Board for coverage under the
State National Pollutant Discharge Elimination System Program (NPDES)
General Permit for storm water discharges associated with
development/construction activity in excess of one (a) acre of land.
Evidence that this requirement has been met shall be submitted to the
City Engineer. (ENG)
33. 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)
34. 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)
35. 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)
36. 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)
37. 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)
38. *Mitigation Measure No. 3. Prior to the commencement of construction
activities, a Calle Rolando street design plan, including tree preservation
and special attention to sidewalk detail, shall be prepared that identifies
preservation of trees to the greatest extent possible and replacement of
any trees that require removal. The Calle Rolando conceptual street
design plan shall be approved by the City Council, and the final street
design plans, including street lighting design, landscaping, grading, etc.,
shall be approved by the Design Review Committee. (PLN)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
39. 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)
40. 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.
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.
41. *Mitigation Measure No. 5. The project design and construction shall
incorporate the recommendations contained in the geotechnical report
dated January 9, 2004 prepared by Group Delta Consultants. (B&S/ENG)
42. Traffic Control Plans. Prior to issuance of a right-of-way permit for the
widening improvements for Calle Rolando, the applicant shall submit to
the City Engineer and shall obtain approval for Traffic Control Plans and
final improvement plans for the widening of Calle Rolando and all related
appurtenances. (ENG)
43. 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
Improvement Plans shall show the following required improvements for
this project: (ENG/B&S)
a. Sidewalks shall be provided along the frontage of Calle Rolando
within the project site. Sidewalks shall be a minimum width of five
(5) feet (or as depicted on the approved plans), and shall meet all
requirements for disabled access. Any deviation from City sidewalk
requirements shall be reviewed and approved by the City
Engineer.
b. Street lights within the public right-of-way shall be provided per
City standards (Mission bell fixtures on marbelite poles). Street
lighting for the private roadway shall be approved by the Design
Review Committee prior to issuance of a grading permit.
44. 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). '
45. 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)
46. 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)
47. 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)
48. 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 located at
the southeasterly terminus of Calle Rolando and the northerly terminus of
Pila Degracia. 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)
49. 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)
50. Fire Hydrants. Prior to issuance of any building permits, the applicant
shall submit a fire hydrant location plan to' the Fire Chief for review and
approval. (OCFA).
51. Fire, Lanes. Prior to issuance of any building permits, the applicant shall
submit plans and obtain approval from the Fire Chief for fire lanes on
required fire access roads less than 36 feet in width. The plans shall
indicate the locations of red curbs and signage and include a detail of the
proposed signage including the height, stroke and colors of the lettering
and its contrasting background. Note: The cul-de-sac located at the
entrance to the proposed project shall be identified by either red
curbs or signs indicating "No Parking Fire Lane". No secondary
emergency access shall be required. Please contact OCFA at (714) 573-.
6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Emergency Access Roadways and Fire Lane Requirements." (OCFA)
52. Automatic Fire Sprinkler System. Automatic fire sprinkler systems shall
be required in the proposed structures if (1) any of the structures are
5,500 square feet or larger; (2) any portion of any of the structures are
located more than 150 feet from the road frontage; or (3) the fire flow is
insufficient. (OCFA)
53. Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans, including fencing, shall be submitted to the Planning
Department for review by the Planning Commission. 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.
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. Rear yards of each of the units shall be hydroseeded.
e. All slopes of 2:1 and greater shall be permanently landscaped for
erosion control.
f. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
g. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall
be used.
h. Location, height, materials and colors of all proposed and existing
walls and fences.
i. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices,
etc.
j. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures.
k. Landscape planters shall be a minimum interior width of five (5) feet.
Where landscape fingers abut parking spaces, they shall not extend
closer than three (3) feet to the aisle end of the adjacent parking
space. A twelve (12) inch wide paved landing strip shall be provided
inside the curb, wherever a landscaped planter is located adjacent to a
parking space such that passengers exit a vehicle into the planter..
I. Sidewalks adjacent to head -in spaces shall be a minimum width of
seven (7) feet.
m. All landscape islands which are located at the front of head -in parking
spaces shall be designed with a minimum two and a half (2-1/2) foot
area free from vegetation where the front of a vehicle may overhang
the planter.
n. All portions of a parking lot devoted to landscaping shall be provided
with a permanent automatic irrigation system designed for water
conservation.
o. Applicant shall install one 15 gallon tree in the rear yard of Unit 1 prior
to issuance of a Certificate of Occupancy.
54. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. If sufficient water to meet fire flow requirements is not available,
an automatic fire extinguishing system may be required in each structure
affected. (OCFA)
55. Fire Access Roads. Prior to the issuance of a building permits, the
applicant shall obtain approval of the Fire Chief for all fire protection
,access roads to within 150 feet of all portions of the exterior of every
structure on site. When a dead-end street exceeds 150 feet or when
otherwise required, a clearly marked fire apparatus access turnaround
must be provided and approved by the Fire Chief. No secondary
emergency access shall be required. The applicant may contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access." (OCFA)
56. *Mitigation Measure No. 7. The project shall implement the
recommendation presented in the Hydrology/Hydraulic Report dated
.December 2005 prepared by Fuscoe Engineering. (ENG)
57. *Mitigation Measure No. 9. 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.
58. Compliance with Approved Plans. At all times during construction, the
applicant shall ensure compliance with approved. construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
59. 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)
60. *Mitigation Measure No. 6. 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)
61. *Mitigation Measure No. 4. 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)
62. 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)
63. 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)
64. 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 isnot permitted. (ENG)
65. *Mitigation Measure No. 8. 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)
66. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit
for any construction trailer and staging areas for equipment and materials.
(PLN)
67. *Mitigation Measure No. 1. 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)
68. `Mitigation Measure No. 2. 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:
69. 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 Calle Rolando widening improvements and all
related appurtenances, in accordance with the approved plan and
approved exceptions. (ENG)
70. 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)
71. 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)
72. 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)
73. 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)
74. Replace Driveway and Curb Depressions with Sidewalk and Curbs. Prior
to acceptance of improvements and release of performance securities, the
applicant shall remove any existing drives and/or curb depressions that
are determined to be unnecessary by the City Engineer and shall replace
them with full height curb and sidewalks. (ENG)
75. 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)
76. 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)
77. Installation of Fire Lanes and Fire Lane Provisions for CC&Rs. Prior to
issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC&Rs or other
approved documents shall contain a fire lane map, provisions prohibiting
parking in the fire lanes and a method of enforcement. (OCFA)
78. Installation of Landscaping_ Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation, including
hydroseeding of all of the units' rear yards. The developer shall provide a
certification, from a licensed Landscape Architect, stating that the
landscape materials and irrigation system (tested for full coverage) have
been planted and installed in compliance with the approved landscape
plans. Additionally, all bicycle racks, pedestrian walkways, seating, and
other improvements shown on the Final Landscape Plan shall be installed
to the satisfaction of the Planning Department. (PLN)
79. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
80. 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)
81. Final Planning Inspection. A minimum of one week prior to final
inspection by the Building and Safety Department, the applicant shall
schedule a final inspection by the Planning Department, and shall pay any
outstanding balance in the Developer Deposit Account assigned to this
application. (PLN)
82. Utility Undergroundinq. Prior to issuance of certificate of occupancy, the
applicant shall underground, at no cost to the City, the overhead utility
lines within the property and along its street frontage(s) to the satisfaction
of the City Engineer. Any exception to, or deviation from this condition
shall be subject to review and approval by the City Engineer. (ENG).
83. Property Owners Association. Prior to issuance of a Certificates of
Occupancy, provide written documentation to the Planning Department
that a Property Owners Association has been formed for purposes of
maintenance of common areas, including landscaping and parking areas.
(PLN)
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: August 22, 2006
Resolution No.: 06-08-22-3
Effective Date: August 22, 2006
Applicant Acceptance of Conditions of Approval:
By: mark Korando
Applicant Name Date
Its: Vice -President of Site Development
Title