PC Resolution-06-10-10-03PC RESOLUTION NO. 06-10-10-3
ARCHITECTURAL CONTROL 06-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A RECREATON CENTER LOCATED ON LOT 2 OF FINAL
TRACT MAP 16747, " COUNTRY DISTRICT" OF THE PACIFICA SAN JUAN PLANNED
COMMUNITY (SJD PARTNERS, LTD.)
Whereas, SDJ Partners, Ltd. has requested approval of an Architectural
Control in order to construct a recreation center consisting of pool, spa, restrooms, parking
lot and landscaped areas on Lot 2 of Tract 16747, a 1.2 acre parcel, which is General Plan
designated Planned Community (PC) and,classified as Planned Community (PC) on the
Official Zoning Map and subject to Comprehensive Development Plan (CDP) 81-01 as
amended; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code and the provisions of CDP 81-01; and,
Whereas, on September 2, 2003, the City Council certified a Supplemental
Environmental Impact Report for the Forster Canyon Planned Community/Pacifica San
Juan project including Tentative Tract Map (TTM) 15609 and amendments to
Comprehensive Development Plan (.CDP) 81-01, adopted a Statement of Overriding
Considerations (SOC), and adopted a Mitigation Monitoring Program (MMP); and,
Whereas, the proposed project is consistent with Comprehensive
Development Plan 81-01, as amended, and Tentative Tract Map (TTM) 15609, Pacifica
San Juan and the proposed project will not result in any new, significant adverse impacts
not previously identified and mitigated in the 2003 Supplemental .Environmental Impact
Report, and further, all mitigation measures established by the 2003 SEIR that are
pertinent to this project have been incorporated herein as conditions of approval; and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on October 10, 2006 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy
510 to consider public testimony on the proposed project and has considered all relevant
public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds
the proposed recreation center is consistent with the land use designation and processing
requirements of CDP 81-01 as amended and dated September 16, 2006, and the
landscaping and building plans are consistent with the provisions of the Pacifica San Juan
Design Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 06-10 based upon the findings set forth herein and subject to the mitigation measures
and conditions of approval contained in Attachment 1, attached hereto and incorporated
herein.
PC Resolution 06-10-10-3 2 October 10, 2006
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become final and effective following expiration of the fifteen (15) day appeal period without
filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, October
25, 2006. This project approval shall be valid for a period of two years from the date of
approval of this resolution, and shall expire on October 10, 2008, unless a time extension,
building permit, or grading permit application related to this discretionary approval is
submitted to the City on or prior to that date.
PASSED, APPROVED AND ADOPTED this 10th day of October, 2006, by
the following vote, to wit:
AYES: Commissioners Drey, Neely, Ratcliffe and Vice Chairman Cohen
NOES: None
ABSTAIN: Chairman Cardoza
ABSENT: None
Sheldon Cohen, Vice Chairman
William Cunningham, In rim Planning Director,
Secretary
Resolution # 06-10-10-3
AC06-10
Draft / Final Conditions of Approval
Date: October 10, 2006
Page 1 of 14
RESOLUTION M 06-10-10-3
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: AC 06-10
Project Name: Pacifica San Juan Recreation Center
APPROVAL DATE: October 10, 2006
EFFECTIVE DATE: October 25, 2006
EXPIRATION DATE: October 10, 2008
These conditions of approval apply to Architectural Control (AC) 06-10 to approve a
community recreation center for Pacifica San Juan Planned Community located on Lot
2 of Tract 16747. Any proposed change of use or expansion of the area or modifications
to the site plan, landscaping plan or structures shall be submitted to the City Planning
Department along with the required application and fee, for review. For the purposes 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:
AC 06-10 is granted to construct a recreation center consisting of
swimming pool, spa, patio, walkways and associated parking lot,
landscaping and .hardscaping located on Lot 2 of Tract 16747. This
approval is granted based on the application materials submitted by SJD
Partners, Ldt. consisting of site plan, precise grading plan, preliminary
landscaping plan, building plans and lighting details approved by the
Planning Commission on October 10, 2006. 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 plans, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire October 10, 2008, 24 months
after the date of the approval unless a building permit or grading permit
which is the subject of this action has been issued and all conditions of
approval have been met, or a time extension has been granted by the
`Denotes. Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 2 of 14
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. 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.
7. Sign approval 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.
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3 Draft/ Final Conditions of Approval
AC06-10 Date: October 10, 2006
Page 3 of 14
8. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring.
incidental to the establishment or operation.
9. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
10. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
11. Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
12. 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)
13. 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. 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, and
all appurtenant improvements. The extent of the topography shall be
extended enough to determine the geological and drainage impacts to
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 4 of 14
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. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (PLN)
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)
14. 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 can be
incorporated with the grading plans. Said 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 sufficient 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)
15. 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
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 5 of 14
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)
16. 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/Geotech n ica I 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)
17. 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)
18. Submit Haul Route Plan. Prior to issuance of a grading permit, for any
importation or exportation of soil from or to a location outside the
boundaries of Tentative Tract Maps 14196 and 15609, a Haul Route Plan
shall be prepared to the approval of the City Engineer. The Plan shall
outline the exact number of truck trips to the site, routes, time of day, and
permitted days of the week, and shall provide for clean-up and
maintenance measures in the event of any soil spills on either public
streets or private streets. Prior to commencement of haul activities, the
applicant shall obtain a Haul Route Permit and pay required fees to the
Engineering Department. (ENG)
19. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading 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)
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 6 of 14
20. Drainage Barrier between Slopes and Streets. Prior to issuance of grading
permit, the grading and street improvement plans shall indicate and show
that all street sections located within 20 feet or less, from the toe of the
slope of 10' in height or more, are protected from underground water
seepage by providing a positive drainage barrier system in accordance
with City Standard Drawing No. 350. Any exception shall be subject to
review and approval by the City Engineer.
21. Connection to City Drain must be Documented and Filed. Prior to
issuance of a 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)
22. Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way,
emergency access including the spine access road, traffic/parking study,
and the on-site driveway and loading zone emergency access areas of the
proposed project shall be reviewed and approved by the Orange County
Fire Authority. (OCFA)
23. Fuel Modification. Prior to issuance of a preliminary grading permit, the
applicant shall obtain approval from the Fire Chief for a conceptual fuel
modification plan and program. Prior to issuance of a precise grading
permit, the applicant shall obtain approval from the Fire Chief for a precise
fuel modification plan and program. The plan shall indicate the proposed
means of modifying vegetation to reduce the risk to structures. (OCFA)
24. Sight Distance. Prior to issuance of grading permits, sight distance within
the internal access roadways shall be reviewed with respect to Orange
County Standard Plan Number 1117 in conjunction with the preparation of
precise grading and landscape plans. (ENG, B&S)
25. Dust Control. Prior to issuance of a grading permit, the applicant shall
submit dust control plans for managing/reducing PM10 emissions
associated with grading and construction to the satisfaction of the Building
Official or his designee. The dust control plan will be consistent with South
Coast Air Quality Management District (SCAQMD) Rule 403 and may
include use of soil binders, truck washing, street sweeping, and regular
vehicle maintenance. During periods when average wind speeds exceed
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 7 of 14
twenty-five (25) miles per hour, the City=s grading inspector shall have the
authority to require.the project to cease all grading activity, or implement
extraordinary air quality mitigation to effectively reduce fugitive dust
emissions (PM10). (ENG, B&S)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
26. 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)
27. Buildinq Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component
of the building design. All roof -mounted equipment shall be screened
from view by parapet walls or other architectural means. The applicant
shall demonstrate to the satisfaction of the City Planner that no. roof -
mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations,
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 8 of 14
and fixtures shall be decorative and complementary to the building
architecture.
28. 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)
29. Water System Improvements. Prior to the issuance of building permits, the
applicant shall complete the construction of all domestic water system,
non-domestic (recycled) water system improvements, and irrigation
facilities required to serve the subject project in compliance with City
municipal codes, standards, specifications, the Rules and Regulations for
Users of Non-domestic Water and the City's water standard specifications.
(PW)
30. 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 and landscaping. These water service
connections shall be to water main pipelines located in Avenida California.
All water mains and appurtenances shall not be located under patterned
or stamped concrete unless approved by the Water Engineering Manager
on the related water improvement plans. These connections shall be
subject to the submission, review, and approval of civil improvement plans
and the irrigation/landscape plans. The irrigation facilities shall be
designed in accordance with the City of San Juan Capistrano's Water
Standards and Specifications, Rules and Regulations for Users of Non -
Domestic Water, and the Municipal Code § 9-3.617 (Water Conservation
Landscape). The design shall include improvements that are identified for
use of non-domestic water (recycled water) and shall be connected to
non-domestic water facilities when they become available. (PW)
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 9 of 14
31. 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 and non-domestic Water Development Charges in
accordance with the Water Department Schedule of Rates and Charges,
as last revised, and shall post the required securities to insure satisfactory
performance of proposed public water improvements in compliance with
City water standard specifications. (PW)
32. Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning .Department for
review by the Design Review Committee. Final Landscape Plans shall
show the following information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and
drought resistant plants.
b. Turf areas shall be limited in area in designed to minimize overspray.
Turf areas shall be separated from non -turf areas by a mow strip or
header.
c. All slopes of 2:1 and greater shall be permanently landscaped for
erosion control.
d. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall
be used.
f. Location, height, materials and colors of all proposed and existing
walls and fences.
g. "Smart Irrigation Timers" shall be incorporated into all common area
landscape and each individual dwelling unit landscape area within the
project.
33. 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
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 10 of 14
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)
34. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
35. Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
and combustible liquids, solids or gases to be stored, used or handled on
site. These materials shall be classified according to the Uniform Fire
Code. and a document submitted to the Fire Chief with a summary sheet
listing the totals for storage and use for each hazard class. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of
the "Guidelines for Completing Chemical Classification Packets." (OCFA)
36. Fuel Modification. Prior to issuance of a building permit, the developer,
under the supervision of the Fire Chief, shall have completed the portion
of the approved fuel modification plan determined to be necessary before
the introduction of any combustible materials into the project area.
Approval shall be subject to an on-site inspection. Prior to the issuance of
any certificate of occupancy, the fuel modification shall be installed and
completed under the supervision of the Fire Chief with an approved plant
pallet. The CC&R's or other approved documents shall contain provisions
for maintaining the fuel modification zones, including the removal of all
dead and dying vegetation. The fuel modification zones shall be subject
to triennial inspections. (OCFA)
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.
37. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including if applicable: (ENG)
a. Erosion and Sediment Control Plan
b. Haul Route Plan
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3 Draft/ Final Conditions of Approval
AC06-10 Date: October 10, 2006
Page 11 of 14
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas. (PLN)
38. 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)
39. 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)
40. 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)
41. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
42.* Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 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)
43. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 12 of 14
44. 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)
45.* Temporary Power. During construction, the project contractors shall use
electricity from power poles rather than from temporary diesel- or
gasoline -powered generators. (ENG, B&S)
46.* Equipment Noise. During grading and construction, all stationary
construction equipment (e.g., air compressors, generators, etc.) in close
proximity to uses within residential districts shall be shielded with
temporary sound barriers, sound aprons, or sound skins so that, to the
extent feasible, construction noise does not exceed 65 dB(A) at the
nearest property line of a residential district receptor. This condition shall
be verified by a qualified City -approved noise consultant during
construction operations. (ENG, 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:
47. Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions. (ENG)
48. 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)
49. Dedication of Water Facilities. Prior to final inspection of water
improvements and use of the site, the applicant shall dedicate to the City,
at no cost to the City, all water rights, public water facilities and pertinent
easements. (PW)
50. Installation of Landscaping. Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. The
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 13 of 14
developer shall provide a certification, from a licensed Landscape
Architect, stating that the landscape materials and irrigation system
(tested for full coverage) have been planted and installed in compliance
with the approved landscape plans. Additionally, all pedestrian walkways,
and other improvements shown on the Final Landscape Plan shall be
installed to the satisfaction of the Planning Department. (PLN)
51. 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)
52. 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)
53. Fire Aisles. Drive aisles service as fire access lanes shall be posted "No
Parking — Fire Lane" as approved by the Fire Department. (OCFA)
The following conditions were added by the Planning Commission and are on-
going for the life of the project:
54. The operation hours of the recreation center shall be limited to the hours
of 8:00 a.m. and 10:00 p.m. seven days a week. The parking lot lighting
shall be installed with timers that turn off the lights at 10:15 p.m.
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
*Denotes Environmental Mitigation Measure
Resolution # 06-10-10-3
AC06-10
Date of Approval: October 10, 2006
Resolution No.: 06-10-10-3
Effective Date: October 25, 2006
Draft/ Final Conditions of Approval
Date: October 10, 2006
Page 14 of 14
Applica t Acceptce o Conditions of Approval:
By:
SJD Partners, Ltd. Date
*Denotes Environmental Mitigation Measure