PC Resolution-06-03-28-01PC RESOLUTION NO. 06-3-28-1
SADDLEBACK VALLEY CHRISTIAN SCHOOL
ARCHITECTURAL CONTROL (AC) 05-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND
CONDITIONALLY APPROVING ARCHITECTURAL CONTROL (AC) 05-05 FOR A
PHASED DEVELOPMENT CONSISTING OF THREE NEW PERMANENT SCHOOL
BUILIDNGS AND A "SPRUNG" TENT STRUCTURE ON APPROXIMATELY 6.13 ACRE
OF LAND LOCATED AT 26333 OSO ROAD (SADDLEBACK VALLEY CHRISTIAN
SCHOOL/ APN 121-070-55,56)
WHEREAS, Mr. Terry Jacobson representing Saddleback Valley Christian
School has requested approval of a phased development plan to construct a two-story,
39,100 square foot multi-use/classroom building, an 8,000 square foot "Sprung" (tent)
structure for interim purposes, a two-story, 21,050 square foot classroom building, and a
14,000 square foot gymnasium on a 6.13 acre parcel zoned Public & Institutional (P&I) on
the official zoning map, and regulated by Specific Development Plan (SDP99-01) "Oso
Ranch". The project is located at 26333 Oso Rd. San Juan Capistrano, CA. (Assessor
Parcel Numbers:121-070-55,56); and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, On February 23, 2006, the Environmental Administrator
determined that this project will not have a potentially significant adverse effect on the
environment and issued a Mitigated Negative Declaration. The basis for the Environmental
Administrator's determination is the Initial Study prepared pursuant to Section 15063 of the
California Environmental Quality Act (CEQA) Guidelines; and,
WHEREAS, the Planning Commission conducted a duly noticed public
meeting on March 28, 2006 pursuant to Section 9-2.313 of the Municipal Code to consider
public testimony on the proposed project; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings:
1. The architectural 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, in that the overall architectural design of the project has been
designed in a manner which utilizes building materials, and finish colors consistent
PC Resolution 06-3-28-1 2 March 28, 2006
with existing development patterns in the vicinity. Incorporation of such design
considerations help in maintaining the city's character and identity, without creating
impacts typically associated.with new development; and,
2. The general site considerations, including open space and topography, orientation
and location of the buildings on site, vehicular access, circulation and parking,
setbacks, building height, public safety and similar elements have been designed to
provide a desirable environment for the public in that the buildings will be sited in a
manner that lessens visual impacts, and landscaping design elements will be
implemented in a manner that softens and blends the overall project into the
surrounding environment; and,
3. The general design is consistent with the adopted Architectural Design Guidelines,
and Specific Development Plan 99-01 "Oso Ranch", with respect to the character,
scale and quality of design; and,
4. The site plan is functional and safe in regards to existing on and off-site conditions
as they relate to adequacy of vehicular, bicycle and pedestrian circulation, in that
the overall improvement of the site, subject to the attached conditions, will not affect
the existing bike, equestrian, and pedestrian trails immediately adjacent to the
project site on the west and improvements to Oso Road have been made and will
be completed in a timely manner to handle anticipated enrollment; and,
5. 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 structures, and to provide an attractive environment for
the enjoyment of the public, in that the existing and proposed landscaping materials
are appropriate to the climatic zones of the property, and the project preserves the
large "heritage" sycamore tree on the site; and,
6. The project area is located within the San Juan Capistrano Community
Redevelopment Agencies Central Redevelopment Project Area, and the proposed
development is not inconsistent with the adopted Redevelopment Plan; and,
7. The request for a height deviation to allow a maximum building height of 35'-0" and
a tower element of 42'-0" is necessary for the project to meet the spirit and intent of
the General Plan, and Architectural Design Guidelines; the overall quality of the
project would be less if the deviation was not granted; the minimum requirements of
other compensating standards have been significantly exceeded; the overall
architectural design and specific individual elements are improved with the
deviation; and the building massing of the structure are minimized through the use
of horizontal and vertical wall articulation, structural features, design details, and
variation in materials; and,
PC Resolution 06-3-28-1 3 March 28, 2006
8. The proposed project complies with all applicable provisions of the Land Use Code
subject to the conditions of approval and mitigation measures contained in this
resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission adopts a Mitigated Negative Declaration and approves a phased development
plan to construct a two-story, 39,100 square foot multi-use/classroom building, an 8,000
square foot "Sprung" (tent) structure for interim purposes, a two-story, 21,050 square foot
classroom building, and a 14,000 square foot gymnasium, subject to the conditions of
approval set.forth in Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application pursuant to Section 9-2.311 of Title 9, Land Use Code. The fifteen
(15) day appeal period shall expire at 5:00 p.m. Wednesday, April 12, 2006. Failure to
comply with the conditions of this permit constitutes a violation of Section 9-2.349 of the
San Juan Capistrano Municipal Code.
PASSED, APPROVED AND ADOPTED this 28th day of March, 2006, by the
following vote, to wit:
AYES: Commissioners Ratcilffe, Drey, Cohen, Chairman Neely, and Vice
Chairman Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
Ti eely, ha.' an
Molly BoN Secr ary
EXHIBIT A
RESOLUTION #: 06-03-28-1
CONDITIONS OF APPROVAL
Project #: AC 05-05 Project Name: Saddleback Valley Christian School
APPROVAL DATE: March 28, 2006
EFFECTIVE DATE: April 12, 2006
EXPIRATION DATE: March 28, 2008
These conditions of approval apply to Architectural Control #05-05, an application to
construct permanent classroom, administration, and multi-purpose buildings on the site
of an existing private school, and to remove existing temporary modular buildings on
6.13 acres pursuant to a phased development plan. New permanent structures will
consist of: 1) a two-story, 39,100 square foot multi-use/classroom building; 2) an 8,000
square foot "Sprung" (tent) structure for use as a gymnasium and assembly area, until
the permanent multi-purpose building is constructed; 3) a two-story, 21,050 square foot
classroom building; and 4) a 14,000 square foot gymnasium. The site is zoned Public &
Institutional (P&I) on the official zoning map, and is regulated by Specific Development
Plan (SDP99-01) "Oso Ranch". The project is located at 26333 Oso Rd. San Juan
Capistrano, CA. (Assessor Parcel Numbers: 121-070-55, 56). 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. AC #05-05 is granted to construct permanent buildings for a private school
for grades K-12 with a maximum student enrollment not to exceed 500.
The development of the site with permanent structures will consist of a
two-story, 39,100 square foot multi-use/classroom building, a two-story,
21,050 square foot classroom building, a 14,000 square foot gymnasium,
and a 8,000 square foot "Sprung" (tent) structure for interim use until the
gymnasium is constructed on a 6.13 acre parcel located at 26333 Oso Rd.
San Juan Capistrano, CA. (Assessor Parcel Numbers: 121-070-55, 56).
This approval is granted based on the application materials submitted by
Terry Jacobson on September 27, 2005, prepared by RMB & Associates,
Ron Bundy, on February 15, 2006 including site plan, elevations, floor
plan, preliminary landscape plan, preliminary grading plan, and
photometric plan. 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
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 2 of 29
adopted standards, may be approved by the Planning Director upon
submittal of an application and the required fee. Any proposal to increase
student enrollment above 500 students shall be subject to new
discretionary approval. 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 March 28,
2008, unless the use or occupancy which is the subject of this action has
taken place and all conditions of approval have been met, 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. The following timelines for processing phases of this project are established
pursuant to the Settlement Agreement dated April 25, 2005 between the
City of San Juan Capistrano and Saddleback Valley Christian School
(SVCS) (hereinafter "Settlement Agreement").
a. SVCS shall submit a request for the issuance of construction permits
for Building 2 within 6 months of City approval of the Architectural
Control application, and shall diligently pursue completion of
construction under the terms of said permits;
b. SVCS shall complete construction of Building 2 through obtaining a
certificate of occupancy by August 15, 2008;
c. SVCS shall submit a request for the issuance of construction permits
for Building 3 no later than February 1, 2009, and shall diligently.
pursue completion of construction under the terms of said permits;
d. SVCS shall complete construction of Building 3 through obtaining a
certificate of occupancy by August 15, 2010;
e. All temporary structures located on the school site shall be removed
from the site prior to the commencement of the 2010/2011 school year
(e.g., before the end of the summer of 2010), provided that if the
permanent structures are constructed prior to this date, the temporary
structures shall be removed at that time.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 3 of 29
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 4 of 29
10. 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.
11. 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.
12. 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.
13. Construction Mitigation Program. Prior to issuance of grading and right-of-
way improvement permits, the developer shall prepare and submit a
construction mitigation program, approved by the Planning Director and
Engineering and Building Director, containing the following controls, and
shall post a $2,000 cash deposit with the City Engineering Department for
roadway cleaning purposes. Said deposit shall remain with the City for the
entire duration of the project's construction phase.
a.) Grading:
1. Approved haul route plan for the movement of on and off-site of heavy
earth -moving equipment;
2. Location of assembly and storage/service areas of heavy earth -moving
equipment and limits of hours of operation;
3. Worker controlled access to site, including hours of work, limits on
noise sources, and dust and soil import/export;
4. Compliance with environmental mitigation measures;
5. Construction Waste and Materials Management
b.) Enforcement:
The Planning Director and Engineering and Building Director may
modify the construction mitigation program standards if on-site
observations indicate that construction activities are creating a
nuisance to adjacent property developments;
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (A C) 05-05
Conditions of Approval
Date: March 28, 2006
Page 5 of 29
2. The developer shall hire a project enforcement person approved by the
Engineering and Building Director to ensure compliance with the
Construction Mitigation Program;
3. If it is determined that the developer is in violation of the approved
construction mitigation program, the Planning Director and/or the
Engineering and Building Director are authorized to shut down the
project by reason of said violation. (ENG/PLN)
4. No starting of equipment nor construction shall be permitted between
the hours of 7:00 a.m. and 6:00 p.m. Monday through .Friday; and 8:30
a.m. and 4:30 p.m. on Saturdays; and shall be prohibited on Sundays
and federal holidays. (B &S)
5. Temporary lighting for construction purposes shall adhere to the time
limitations established by condition No. 13, b.4 above and shall be
oriented in a manner that retains all illumination within the designated
project site and directed away from the' Oso Creek Channel.
(B&S/PLN)
14. 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)
15. 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)
16. 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, water, 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%
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 6 of 29
of the above estimated improvement costs as determined by the City
Engineer. (ENG & PW)
17. 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. 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)
d. Location, height, materials and colors of any retaining walls. (PLN)
e. 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)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (A C) 05-05
Conditions of Approval
Date: March 28, 2006
Page 7 of 29
Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a
portion of the guest spaces shall be accessible without passing
through a security entrance. (ENG/PLN)
18. 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 and accompanying study, 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)
19. 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)
20. Erosion & Sediment Control Plans. Prior to issuance of grading permit, an
erosion and sediment control plan shall be prepared and submitted for
City review and approval. The plan shall outline methods to control
erosion from graded or cleared portions of the site including but not limited
to straw bales, sandbags, soil binders, diversion fences, desilting basins,
etc. The Plan shall be prepared in accordance with the City's grading
ordinance, the City's water quality ordinance, the latest NPDES Permit
and to the satisfaction of the City's Senior Civil Engineer -Water Quality.
(ENG)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (A C) 05-05
Conditions of Approval
Date: March 28, 2006
Page 8 of 29
21. 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)
22. Traffic Control Plans. Prior to issuance of grading and right-of-way
improvement permit, the applicant shall submit to the City Engineer and
obtain approval for Traffic Control Plans and final improvement plans for
all traffic mitigation improvements, including both on-site and off-site, as
identified in the approved Traffic Study prepared pursuant to City Council
Policy 310. In addition, Traffic Control Plans shall be submitted to the City
Engineer and shall obtain approval for all utility work within the public
right -of- way. Any exception shall be subject to review and approval by the
City Engineer (ENG)
23. 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, and shall obtain a construction, demolition, and
recycling permit. (ENG)
24. 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)
25. Flood Control Channel Work. Prior to issuance of grading and right-of-way
improvement permits, for any portion of the project containing an earthen
flood control channel, the applicant shall submit to the City Engineer, a
clearance from the appropriate State, Federal, and local agency having
jurisdiction over any changes to the channel. (ENG)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 9 of 29
26. 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)
27. 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)
28. 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
and non-structural 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)
29. 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)
30. Public facilities located in easements. Prior to issuance of grading permits,
all public facilities such as drainage, sewer, and water shall be designed to
be located within the public right-of-way or within dedicated easements, as
approved by the City Engineer. (ENG)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 10 of 29
31. Public right-of-wav dedication. Prior to issuance of grading permits, the
applicant shall submit to the City Engineer the necessary documentation
to dedicate required right-of-way along the Oso Road frontage. Said
dedication shall be at no cost to the City, based on the determination by
the City Engineer that the required right-of-way is necessary to mitigate
the traffic and circulation impacts of the project. (ENG)
32. Existinq Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the
project shall be redesigned accordingly as approved by the City. (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. Off-site Easements. Prior to issuance of a grading permit, applicant shall
obtain and record off-site easements from the affected property owner(s)
for all proposed off-site improvements (i.e. slopes, street improvements,
walls, drainage, etc.). The applicant shall bear all costs for obtaining said
easements. If said easements cannot be obtained, the project shall be
redesigned to incorporate these improvements entirely within the project
boundary as approved by the City. The City Engineer shall have the right
to withhold approval of the affected improvement plans for failure to satisfy
this condition. (ENG)
35. Recreational Trail Improvements. The applicant shall comply with
paragraph 2.1 of the Settlement Agreement with regard to interim and final
trail improvements, including the following provisions:
a. SVCS shall make an irrevocable offer to dedicate to the City a 20 foot
wide non-exclusive easement for equestrian and non -motorized
recreational ("trail') purposes along the entire length of the property
(refer to Settlement Agreement., Exhibit 1)
b. SVCS has three options for locating the "trail easement". If located on
the Maintenance Road, as that Road currently exists, the trail need not
be improved to the full 20 -foot width until such time as SVC becomes
obligated to improve the Trail Easement to. Orange County trail
standards, but may conform to the width of the Maintenance Road.
*Denotes. Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 11 of 29
c. If the Trail Easement is to be located on the existing Maintenance
Road on either a temporary or permanent basis,_ SVC shall make
necessary and appropriate repairs, to the reasonable satisfaction of
the City, so as to ensure that the recreational trail can be used for its
intended purpose.
d. If the Trail Easement is located somewhere other than the existing
Maintenance Road, SVCS shall grade the full 20 -foot Trail Easement
to the reasonable satisfaction of the City, so as to ensure that the
recreational trail can be used for its intended purpose.
e. Should actions by resource agencies require relocation of the "trail
easement", SVCS shall, within 90 days of the loss of use of the then
existing Trail Easement for Trail Purposes, dedicate and, subject to
obtaining all necessary approvals from governmental agencies with
jurisdiction, grade for trail use a replacement Trail Easement in a
location on the manufactured slope on the east bank of Creek or on
the top of the east slope of the Creek.
f. Regardless of where the Trail Easement is initially located, SVC shall
retain the right to relocate the Trail Easement in a location on the
manufactured slope on the east bank of Creek, or the top of the slope
above the east bank of the Creek should the ultimate location of the
permanent structures on the school site make such location desirable
to SVCS. The cost of such relocation shall be borne entirely by SVCS.
g. The recorded Trail Easement shall require that SVC, at its sole cost,
improve the Trail Easement to the Orange County standards for a
County recreational trail as those standards existed in August 1999
(the "Trail Improvement Work") and that SVC complete said Trail
Improvement Work to the reasonable satisfaction of the City by
February 1, 2009.
h. Trail improvement plans for the final Trail Easement shall be submitted
to the City for review and approval prior to issuance of a building
permit for Building 2.
i. The City shall not be required to accept the Trail Easement until the
Trail Improvement Work is completed, but the City will have non-
exclusive license rights in favor of the public to utilize the existing
Maintenance Road or any replacement recreational trail created
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No, Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 12 of 29
pursuant to the terms of the Trail Easement Agreement pending the
completion of the Trail Improvement Work and subject to any
closure(s) of said recreational trail as may be necessitated by the
Creek or Trail Improvement Work, relocation of the Trail Easement
and/or other trail maintenance or repair activities that may be required
due to weather or deterioration, etc.
36. 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 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)
37. 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).
38. 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)
39. 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.
If applicable, 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)
40. Cultural Resources. Prior to issuance of any grading or building permit for
areas previously undisturbed during the private school's original
development, the applicant shall retain the services of a City -approved
RPA (Register of Professional Archeologists) -certified archeologist who
will monitor all grading and excavation for potential impacts on cultural
resources including archeological, paleontological, and historic resources.
Also, the applicant shall provide an executed contract for services with a
RPA -certified archeologist including a scope -of -work which provides for
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 13 of 29
comprehensive monitoring; a contingency for assessment, recovery,
and/or evaluation; and the preparation of a technical memoranda or
report. In the event cultural resources are encountered during grading, the
monitor may cease grading operations, consistent with City Council policy,
to allow for the assessment, recovery, and/or evaluation of any cultural
resources. (PLN)
41. Heritage Tree Preservation. Prior to issuance of any grading or building
permit, the applicant shall submit a plan that provides for preservation and
protection of the Heritage Sycamore tree located on the north portion of
the site, subject to review and approval by the Planning Director. All future
construction activities shall ensure that the tree is protected in place and
that no root damage occurs. Prior to any grading, temporary fencing shall
be installed around the perimeter of the tree as specified in the approved
preservation plan to prevent any grading activity or heavy equipment
operations within the dripline of the tree. (PLN)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
42. Noise Attenuation. Prior to any building permit issuance for individual
structures, the applicant shall prepare and submit a site-specific noise
impact analysis of both interior and exterior noise levels to determine site-
specific mitigation of railroad noise impacts on children attending the
school. The analysis shall be prepared by a licensed engineer specializing
in acoustic analysis and shall be in a form acceptable to the Planning
Director (or designee). The analysis shall include building -specific noise
attenuation measures to maintain interior noise levels at or below 45
dB(A)(CNEL). The analysis shall include site-specific noise attenuation
measures to maintain exterior noise levels at or below 65 dB(A)(CNEL), if
possible. Building permit plans for proposed buildings shall include noise
attenuation measures consistent with the Planning Director -approved
noise impact analysis and required noise attenuating measures. (PLN)
43. Parking Management Program. Prior to issuance of the first building permit
for any permanent structure, the applicant shall submit a Parking
Management Plan (PMP) to the City's Traffic Engineer for review and
approval. The PMP shall address the following issues:
a. Parking and student drop-off during construction.
b. Overflow parking locations and procedures for special events
'Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 14 of 29
c. Methods of addressing parking overflow issues in the event the
project's off-street parking is determined by the City to be inadequate
(e.g. limitations on the number of student drivers permitted to drive to
school.)
The applicant shall implement the approved PMP at all times during school
operations and activities. (ENG)
44. 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)
45. Street Lighting. Prior to issuance of building permits for any phase, the
applicant shall comply with timing provisions of the "Settlement Agreement
& Release" dated April 2005 regarding street improvements, specifically
Section 2.5, Completion of Street Light .Improvements; and 4.0, Oso
Road/Camino Capistrano Fair Share Contribution of the "Settlement
Agreement & Release" to the satisfaction of the City Engineer..
46. Building Construction Plans. Prior to issuance of building permits, final
building elevations, colors, and materials shall be submitted for final
review and approval by the Design Review Committee, with the tower
element returning to the Planning Commission for final review and
approval. Upon final review and approval of building elevations, colors,
and materials by the DRC and the tower element by the Planning
Commission, 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
`Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 15 of 29
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.
47. Street Frontage Improvement Plans. Prior to issuance of building permits,
the applicant shall submit to the City Engineer for review and obtain
approval for Street frontage 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, street lights, sidewalks and driveways which meet all
requirements for disabled access, applicable storm drain, sewer, water,
and all related appurtenances. (ENG)
48. Off-site Improvements. This approval allows SVC enrollment up to 500
students. For any future development application, prior to SVC enrollment
exceeding 500 students, the applicant shall construct improvements to the
intersection of Camino Capistrano and Oso Road, including a traffic signal
and intersection roadways widening and/or improvements, railroad
crossing signalization and widening, railroad interconnection and pre-
emption with the traffic signal, and other appurtenances.
If J. Serra High School or another entity/school completes the Camino
Capistrano -Oso Road intersection improvements described above, SVCS
shall pay its fair share, of the cost to the City for said improvements within
90 days of completion and acceptance of the improvements. (ENG)
49. Access Rights Dedication. Access rights shall be granted to the City for
the purpose of allowing access over private drives within the development
for all City vehicles, including police, fire, and other emergency vehicles.
The document(s) recording this access shall be prepared by the applicant
for review and approval by the City Attorney, prior to recordation. (ENG)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 16 of 29
50. Vehicular Access Rights Relinquishment. Prior to issuance of any building
permit, the applicant shall provide recorded documents stating that all
vehicle access rights to Oso Rd. are released and relinquished to the City,
except at the City approved private driveways. The document(s) recording
this access rights relinquishment shall be prepared by the applicant for
review and approval by the City Engineer. Upon approval and recordation
of the access rights relinquishment, the applicant shall provide a certified
copy of the recorded instrument to the City Engineer. (ENG)
51. Sewer and Water Plans. Prior to the issuance of right-of-way
improvements permits, for Iany proposed public sewer and water
improvements, 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. Any exception shall be subject to review and approval by the
City Engineer. (ENG/PW).
52. On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall include the trash enclosure(s) that shall be covered
with solid roof; its floor surface shall be connected to the sewer system
through an inlet in the center with a traffic rated grate, and a concrete
apron shall be constructed in front of the trash enclosure. The site plan
shall be specific to the project which reflects consistency with the City's
Sewer and Water standards. Any exception shall be subject to review and
approval by the City Engineer and the Public Works Director. (ENG & PW)
53. 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
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 17 of 29
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).
54. 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)
55. Water Service Connection. Prior to the issuance of a building permit, the
project applicant shall construct a separate water service connection that
is adequate to provide the necessary water demand for irrigation and
landscaping. This water service connection shall be to a City maintained
water main pipeline located in Oso Road. These connections shall be
subject to the submission, review, and approval of civil improvement plans
and the irrigation/landscape plans. If the applicant believes that the
existing irrigation water services are adequate to serve the existing and
proposed irrigation facilities, then the applicant must provide an analysis
that demonstrates the existing and proposed irrigation demands from the
two existing irrigation services is available. 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)
56. Water Improvements. Prior to the issuance of a building permit, the project
applicant shall be responsible to construct all necessary water
improvements. in order to provide the required fire flow, fire protection
improvements, and domestic water facilities to serve to subject project.
(PW)
57. Water Hydraulic Analysis. Prior to the issuance of a building permit, the
project applicant shall be responsible to provide a hydraulic analysis that
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (A C) 05-05
Conditions of Approval
Date: March 28, 2006
Page 18 of 29
demonstrates the existing public and proposed private water facilities shall
be adequate to provide the required fire flow, fire protection, and domestic
water demands for the subject project. (PW)
58. Water 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)
59. Dedication of Water Rights. Prior to the issuance of permits, the applicant
shall dedicate the water rights to the City and it will not develop any wells
or other means of using the water rights associated with this property
(hereon referred to as "Well Development"), nor shall it allow any other
party to conduct Well Development use of the land. The Water Division or
its designee shall be the sole water service provider for any and all
improvements made on the land. The grant deed for the water rights must
be recorded with the County Recorder prior to issuance of building
permits. (PW)
60. Lot Line Adiustment/Merger. Prior to issuance of building permits, the
applicant shall tie the existing Assessor's Parcels (Numbers121-070-55&
56) together through a lot merger, lot tie covenant, or other method as
approved by the Planning and Engineering Departments (PLN & ENG)
61. Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans for any new landscaped areas not previously approved
as part of the original entitlements for the establishment of the private
school in modular buildings 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. All trees on site to be removed and retained. Tree removals shall
comply with the City's Tree Permit requirements.
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 19 of 29
c. 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.
d. All slopes of 2:1 and greater shall be permanently landscaped for
erosion control.
e. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
f. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall
be used.
g. Location, height, materials and colors of all proposed and existing
walls and fences.
h. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices,
etc.
i
i. Design details and locations for trash enclosures, which shall be of
decorative construction compatible with the main structures, and shall
incorporate design methods approved for satisfying water quality
requirements.
j. Trees shall be located so as to provide shade throughout parking lots,
with a minimum of one (1) tree per six (6) parking spaces.
k. Any new 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
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 20 of 29
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.
62. Surety for Tree Preservation. The applicant shall provide surety in the
form of a bond or other method as approved by the City Planner and City
Attorney, to ensure that the heritage Sycamore tree on the site is
protected during construction and remains viable and healthy for twenty-
four (24) months after issuance of a final certificate of occupancy, if any
grading is proposed in the area of the tree's critical root zone or dripline.
(PLN)
63. Final Photometric Plans. Prior to the issuance of any building permits, the
applicant shall prepare and submit a lighting plan and photometric
analysis of the lighting plan which demonstrates to the satisfaction of the
Design Review Committee that the location and intensity of proposed
lighting will not adversely impact other properties or adjoining rights-of-
way (railroad, trail, and street). The lighting plan shall be designed to
comply with the provisions of Section 9-3.529, Lighting of the Land Use
Code as determined by the Commission. The lighting plan shall include
the location of all lighting, light source (high pressure sodium, metal
halide), lens (NEMA) type, height, mounting (building, pole, etc.), vertical
tilt, horizontal orientation, cutoff/shielding type, and location. The lighting
plan shall be subject to review and approval by the Design Review
Committee. All exterior lighting fixtures shall be provided with shielding
and shall be oriented so that direct light does not encroach on any
adjoining properties; and shall not exceed the maximum of four (4) foot-
candles on or off site. (PLN)
64. Lighting Compliance. Prior to building permit issuance for any site lighting,
the project shall be subject to review for conformance with the approved
"lighting photometric plan" (sheet 10 of 12) and shall demonstrate
compliance with Section 9-3.529, Lighting of the Land Use Code as
determined by the Planning Director. All lighting shall be consistent with
the .approved "lighting photometric plan" with respect to light type (high
pressure sodium, metal halide), NEMA -lens type, height, mounting style
(i.e. wall -mount, pole -mount, etc.), vertical tilt, horizontal orientation,
cutoff/shielding type, and location. (PLN)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 21 of 29
65. 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. (OCFA)
66. 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)
67. Fire Alarm System. Prior to the issuance of a building permit, plans for the
fire alarm system shall be submitted to the Fire Chief for review and
approval. Please contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the "Guideline for New and Existing Fire Alarm
Systems." This system shall be operational prior to the issuance of a
certificate of use and occupancy. (OCFA)
68. Automatic Fire Sprinkler Systems. Prior to the issuance of a building
permit, the applicant shall submit plans for the required automatic fire
sprinkler system in all structures to the Fire Chief for review and approval.
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Please contact the OCFA at (714) 573-6100 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." (OCFA)
69. Fire Access Roads. Prior to the issuance of a building permits, the
applicant shall submit a Fire Master Plan and obtain approval of the
Orange County Fire Authority for all fire protection access roads to within
Q.
150 feet of all portions of the exterior of every structure on site. 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 the contrasting background. The plans shall also indicate the
location(s) of all fire hydrants proposed for the project. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guidelines for Emergency Access." (OCFA)
70. Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 22 of 29
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)
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.
71. 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)
72. Pre -construction Meeting. Contractor shall attend a pre -construction
meeting with the Building and Safety, Planning, and Public Works
Departments prior to commencement of any construction on the site.
(B&S)*
73. 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
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 23 of 29
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (ENG)
74. 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)
75. 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)
76. Construction hours. 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.(B&S)
77. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
78. Archeological Monitor. For any new grading or trenching of areas
previously undisturbed during the private school's original development,
except as authorized by the Planning Director, a qualified archaeologist
(defined as an archaeologist on the List of Certified Archaeologists for
Orange County) shall be retained (at the project applicant's expense) by
the City of San Juan Capistrano and shall be present at pre -construction
meetings to advise construction contractors about the sensitive nature of
cultural resources located on and/or in the vicinity of the project site, as
well as monitoring requirements. A qualified monitor (defined as an
individual with a bachelors degree in anthropology with archaeological
monitoring experience), supervised by the qualified archaeologist, shall
observe on- and off-site construction activities that result in grading,
and/or excavating on or below the original ground surface (including
during project -related off-site utility [natural gas, electricity, sewer, water,
drainage, communications, etc.] and roadway improvements). Should
nonhuman cultural resources be discovered, the monitor shall have the
power to temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist.
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 24 of 29
In the event that human remains are discovered, construction activities
shall be halted or diverted until the provisions of §7050.5 of the Health and
Safety Code and §5097.98 of the Public Resources Code have been
implemented. (PLN)
79. Native American Monitor. During construction/grading activities for any
new areas previously undisturbed during the private school's original
development, except as authorized by the Planning Director, a Native
American monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project -related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (PLN)
80. Paleontological Monitoring_ For any new grading or trenching of areas
previously undisturbed during the private school's original development,
except as authorized by the Planning Director, a qualified monitor (defined.
as an individual with a bachelors degree in paleontology and monitoring
experience), supervised by the qualified paleontologist, shall be on-site
during construction activities that result in the grading and/or excavating of
current surface material (including during project -related off-site utility
[e.g., natural gas, electricity, sewer, water, drainage, communications,
etc.] and roadway improvements) to monitor for paleontological resources.
Should paleontological resources be discovered, the monitor shall have
the authority to temporarily halt or divert construction activities until the
qualified paleontologist can determine if the resources are significant.
Significant paleontological resources shall be recovered by the qualified
paleontologist. (PLN)
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 proiect site, as specified below:
81. 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
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 25 of 29
improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions, and shall
complete all required right-of-way dedications and easements in
accordance with the approved plans. (ENG)
82. Provide As -Built Mylars/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, and
shall complete all required right-of-way and easement dedications in
accordance with the approved plans. (ENG)
83. 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, if required, 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)
84. 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)
85. 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)
86. Curb and Gutter Repair. Prior to acceptance of improvements and release
of performance securities, any existing sections of curb and gutter
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 26 of 29
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)
87. Solid Waste Reduction/Recycling Management Program. Prior to approval
of final inspection of each phase, the project applicant shall coordinate
with City staff and develop and implement a Solid Waste
Reduction/Recycling Management Program for the project site. Features
of the program shall include, but not be limited to: 1) distribution of
separate receptacles for recyclables and trash throughout the project site;
2) separate dumpsters for recyclables and trash; 3) signs posted near all
receptacles conveying information regarding recyclable materials; 4)
sorting of trash collected throughout the project site by facilities staff prior
to dispensing in dumpsters; and, 5) restrictions on product type that will be
offered at concessions or vending throughout the project site. (PLN/ENG)
88. 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 public water facilities and pertinent easements.
(PW)
89. Installation of Landscaping_ Prior to approval of final inspection (of each
phase) the developer shall install all landscaping and irrigation. 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)
90. 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
*Denotes Environmental.Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page -27 of 29
an unsafe condition on the site. The term of the deferral shall be as
determined by the .City Planner. (PLN)
91. Final Cultural Resource Reports. Prior to occupancy permit issuance, the
applicant shall submit a technical memorandum or cultural resources
report which details any historical, cultural, archaeological or
paleontological resources recovered from the project site during grading or
construction. Such report shall include information on disposition of
resources, archeological monitoring efforts, findings, analysis, and
conclusions consistent with City Council Policy #601 and subject to review
and approval of the Planning Director. (PLN)
92. 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)
93. Fire Extinguishers. Prior to final inspection by the orange County Fire
Authority (OCFA), fire extinguishers shall be required in accordance with
the Uniform Fire Code. The applicant shall contact the Fire Department for
the requirements pertaining to the number, type, and placement of fire
extinguishers. All fire extinguishers shall have current California Fire
Marshal service tags. (OCFA)
94. Fire Aisles. Drive aisles service as fire access lanes shall be posted "No
Parking — Fire Lane" as approved by the Fire Department. (OCFA)
95. Gates. Entrance and exit gates shall be equipped with an entry system
approved by the Fire Department. Gate widths shall be not less than
twenty (20) feet. Entrance gates shall be operated by a punch pad
capable of accepting a separate Fire Department code, and an opticom'
compatible gate operation system. The gate operation shall provide for
periods of power outage. (OCFA)
96. Noise Mitigation. Prior to occupancy permit issuance, the applicant shall
complete the installation of all noise attenuating measures as specified in
the Planning Director -approved noise impact analysis subject to inspection
and verification of the Planning Director or designee. (PLN)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1
Project No. Architectural Control (AC) 05-05
Conditions of Approval
Date: March 28, 2006
Page 28 of 29
The following ongoing conditions shall be complied with at all times after
completion of the project.
97. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
98. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code and the project noise study.; (PLN)
99. Driveway left -turn restriction. The City reserves the right to install or have
installed a No Left Turn sign at the exit driveway from the school and the
use of Avenida de la Vista as an interim measure until full improvements
are completed at Camino Capistrano and Oso Road. The need to
incorporate these provisions shall be at the sole discretion of the City
Engineer based on his evaluation of traffic operations while school is in
session. Access at the most westerly driveway shall be limited to right -
turn in movements only. (ENG)
100. Future Parking Demand. In the event that future land uses require
additional parking, the applicant must obtain the necessary land use
approval that demonstrates that sufficient parking is being provided for all
land uses within the building or on the property. (PLN)
101. Field Lighting_ Field or recreational area lighting (temporary or permanent)
shall not be permitted as part of this project approval; any request for such
lighting shall be subject to review and approval of a Conditional Use
Permit (CUP) in accordance with Specific Development Plan (SDP) 99-01.
(PLN)
102. Lighting Levels. On site lighting shall be reduced in intensity by 7:00 P.M.
Reduction in intensity shall mean no more than one-third of the on site
lights shall be energized after 7:00 P.M. (PLN)
103. Parking Plan. Adequate parking shall be provided in accordance with the
City of San Juan Capistrano Municipal Code and the approved Parking
Management Plan. In the event that parking problems are observed by or
reported to the City, the applicant shall work with the City Traffic Engineer
to modify the Parking Management Plan to address on- and off-site
parking impacts. (ENG)
*Denotes Environmental Mitigation Measure
Resolution No. 06-3-28-1 Conditions of Approval
Project No. Architectural Control (AC) 05-05 Date: March 28, 2006
Page 29 of 29
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptan a of Conditions of Approval:
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*Denotes Environmental Mitigation Measure
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