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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