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PC Resolution-05-10-25-01PC RESOLUTION NO. 05-1 0-25-01 ARCHITECTURAL CONTROL (AC) 05-02 TREE REMOVAL PERMIT (TRP) 05-154 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AN ARCHITECTURAL CONTROL AND TREE REMOVAL PERMIT FOR A PROPOSED NEW INDUSTRIAL BUILDING LOCATED AT 33155-33161 CAMINO CAPISTRANO (ASSESSORS PARCEL NUMBERS 668-1 22-04 & 668-291 -01 ; ESPLANADE BUSINESS CENTER) Whereas, Jan Sullivan and David Takeyama have requested approval of an Architectural Control application for Lot 3 of Tract 13224 to permit construction of a new 3,900 square foot industrial building within the existing Esplanade Business Center on property located at 331 55-331 61 Camino Capistrano which is General Plan-designated “4.1 Quasi-Industrial” and classified as Commercial Manufacturing (CM) on the Official Zoning Map; and, Whereas, the applicant’s project includes a request for a Tree Removal Permit to allow the removal four trees to facilitate construction of the building; and Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, +‘ Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and determined that the project qualifies as a Class 3(c) Categorical Exemption under Section 15303 of the CEQA Guidelines; and, Whereas, the Planning Commission conducted a duly-noticed public meeting on October 25,2005 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 FURTHER RESOLVED, that the Planning Commission finds: 1. The proposed new industrial building is consistent with the site development standards of the CM District regulations, and is generally consistent with the surrounding land uses, subject to the conditions of approval attached hereto. W 2. The proposed project has been reviewed by the Design Review Committee (DRC) which took action to forward the application to the Planning Commission with a recommendation to approve the building design and landscaping, subject to modifications, said modifications having been PC Resolution 05-1 0-25-01 2 October 25, 2005 incorporated into the plans as reviewed this date by the Planning Commission. 3. The proposed project is consistent with the City Design Guidelines. 4. The project is consistent with the General Plan and all General Plan elements. 5. The site plan has been determined to functional and safe, and adequate off- street parking has been provided. 6. The general landscape design will insure visual relief to complement the surrounding area and to provide screen and visual relief to the proposed new building. 7. The project requires the removal of four trees, the number of trees to be removed by the project has been kept to a minimum, and replacement trees are proposed at a 2:l ratio. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves Architectural Control (AC) 05-023 and Tree Removal Permit (TRP) 05-154, based upon the findings set forth herein and subject to the conditions of approval contained in Attachment 1 , attached hereto and incorporated herein. + EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become final and effective following expiration of the fifteen (1 5) day appeal period without filing of an appeal, and the appeal period shall expire at 5:OO p.m., Wednesday, November 9, 2005. 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 25,2007, 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. PC Resolution 05-1 0-25-01 3 October 25,2005 PASSED, APPROVED AND ADOPTED this Xth day of October, 2005, by v the following vote, to wit: AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza and Chairman Neely NOES: None ABSTAIN: None ABSENT: None Tim-ely, Chairmu Molly Bogalannib Director, Secretary Resolution # 05- 70-25-01 Project # AC 05-OZURP 05-754 - Final Conditions of Approval Date: October 25, 2005 Page I of 20 RESOLUTION #: 05-1 0-25-04 ATTACHMENT 1 CONDITIONS OF APPROVAL Project #: AC 05-02/TRP 05-154 Project Name: Esplanade Industrial Building APPROVAL DATE: October 25,2005 EFFECTIVE DATE: November 9,2005 EXPIRATION DATE: October 25,2006 These conditions of approval apply to Architectural Control # 05-02 and Tree Removal Permit # 05-154 to construct a 3,900 square foot industrial building on within the existing Esplanade Business Center zoned Commercial Manufacturing (CM) located at 33155-33161 Camino Capistrano. 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 05-02 is granted to construct and/or operate a new industrial building consisting of 3,900 square feet located within the existing Esplanade Business Center at 331 55-33161 Camino Capistrano (APN Nos. 668-122- 04 & 668-291-01). This approval is granted based on the application materials submitted by Jan Sullivan and David Takeyama on April 14, 2005, prepared by Andy Perez, architect on October 19, 2005 including site plan, elevations, floor plan, preliminary landscaping plan, tree removal request and preliminary grading 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 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 (Isth) day after the date of the Planning Commission’s approval and shall expire 24 (October 25, 2007) months after the date of the approval unless the use or occupancy which is the L *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project ## AC 05-02lTRf 05- 154 W Final Conditions of Approval Date: October 25, 2005 Page 2 of 20 2. 3. 4. 5. 6. 7. 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. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 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. 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. 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. 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. 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 v *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-0,VTRP 05- 154 -.- Final Conditions of Approval Date: October 25, 2005 Page 3 of 20 subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 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. 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. 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. - 12. - 13. __ 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. (EN G) 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) Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bonds/securities for 1 00% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, recreational trails, landscaping and v *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # AC 05-02TRP 05-754 --. Final Conditions of Approval Date: October 25, 2005 Page 4 of 20 irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide Labor and Materials Bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer. (ENG) W 14. - 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 retentionldetention 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. 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) 15. - Drainage Improvement plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and obtain approval for Drainage improvement Plans, specific to the project, which reflect consistency with the City’s Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. All drainage must be treated prior to being conveyed to the street or a City approved drainage - *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # AC 05-OmRP 05-154 - Final Conditions of Approval Date: October 25, 2005 Page 5 of 20 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) 16. - Storm Runoff, Hvdraulic/hvdrolonv Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City's Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (ENG) 17. - Soils/Geoloav. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical 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 beddingibackfill recommendations. (ENG) 18. - 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) M *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # AC 05-02TRP 05-154 .- 19. - 20. - 21. - - 22. - 23. - Final Conditions of Approval Date: October 25, 2005 Page 6 of 20 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) Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, 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. Any exception shall be subject to review and approval by the City Engineer (ENG) Recvcling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (ENG) 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 IO’ 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. Connection to City Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting plans, where points of connections are permitted, shall be provided and submitted by the applicant’s engineer at applicant’s expense, prior to acceptance to improvements and release of performance securities. (ENG) L *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-02lTRP 05- 154 - 24. - 25. - 26. - 27. - 28. - 29. - W Final Conditions of Approval Date: October 25, 2005 Page 7 of 20 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) 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 developmentkonstruction activity in excess of one (a) acre of land. Evidence that this requirement has been met shall be submitted to the City Engineer. (ENG) 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) Reciprocal Agreements. Prior to issuance of a grading permit, the applicant shall prepare and submit to the City Engineer for review and shall obtain approval for the proper easement and agreement documents associated with adjacent parcel(s) for maintenance, reciprocal parking and access purposes (ENG) Existing 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) 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) *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # AC 05-OWRP 05-154 - W 30. - 31. - 32. - 33. - 34. - 35. - Final Conditions of Approval Date: October 25, 2005 Page 8 of 20 Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (EW 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) 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) 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, trafficlparking 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). 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) Countv Surveyor Requirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with the County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the W *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # A C 05-OWRP 05- 154 - Final Conditions of Approval Date: October 25, 2005 Page 9 of20 new surface following construction, and again file a Corner Record with the County Surveyors Office showing the final monumentation. (ENG) 36. - Tree Replacement. This approval includes a Tree Removal Permit for a total of four trees, with tree replacement to be a minimum of eight trees. At least four of the replacement trees shall be a minimum size of 24-inch box. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 37. - 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) 38. - Buildinn 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. w *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-OWRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page I of 19 RESOLUTION #: 05-1 0-25-01 ATTACHMENT I CONDITIONS OF APPROVAL Project #: AC 05-02/TRP 05-1 54 Project Name: Esplanade Industrial Building APPROVAL DATE: October 25,2005 EFFECTIVE DATE: November 9,2005 EXPIRATION DATE: October 25,2006 These conditions of approval apply to Architectural Control # 05-02 and Tree Removal Permit # 05-154 to construct a 3,900 square foot industrial building on within the existing Esplanade Business Center zoned Commercial Manufacturing (CM) located at 33155-33161 Camino Capistrano. 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. W General Conditions: 1. - AC 05-02 is granted to construct and/or operate a new industrial building consisting of 3,900 square feet located within the existing Esplanade Business Center at 33155-33161 Camino Capistrano (APN Nos. 668-1 22- 04 & 668-291-01). This approval is granted based on the application materials submitted by Jan Sullivan and David Takeyama on April 14, 2005, prepared by Andy Perez, architect on October 19, 2005 including site plan, elevations, floor plan, preliminary landscaping plan, tree removal request and preliminary grading 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 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 (l!jth) day after the date of the Planning Commission’s approval and shall expire 24 (October 25, 2007) months after the date of the approval 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 *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-02lTRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 2 of 19 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. 3. 4. 5. 6. 7. a. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 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. 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. 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. 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. 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. 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, *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # AC 05-02/TRP 05-154 ad Final Conditions of Approval Date: October 25, 2005 Page 3 of 19 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. J 'v 11. - 12. - 13. __ 14. - Pav 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. (EN G) 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) Post BondIProvide Securities. Prior to issuance of a grading permit, the applicant shall provide Performance Bonds/securities for 100% of each estimated improvement cost as prepared by a Registered Civil Engineer and approved by the City Engineer and City Attorney for each applicable, but not limited to, street improvements, signing, signalization, striping and street lights; storm drains, sewer, recreational trails, landscaping and irrigation in rights-of-way, private slopes and open space. In addition, the applicant shall provide Labor and Materials Bonds/securities for 100% of the above estimated improvement costs as determined by the City Engineer. (ENG) 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 *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project ## A C 05-OmRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 4 of 19 15. 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 retentioddetention 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. b. C. d. Location of all existing trees and indicate trees to be removed and trees to remain in place (PLN) 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) Location, height, materials and colors of any retaining walls. (PLN) 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) Drainage Improvement plans. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and obtain approval for Drainage Improvement Plans, specific to the project, which reflect consistency with the City’s Drainage Master Plan. These plans shall show locations of all existing and proposed facilities. All drainage must be treated prior to being conveyed to the street or a City approved drainage facility in accordance with the National Pollutant Discharge Elimination System. If an existing down stream drainage facility is inadequate, or, in the opinion of the City Engineer, is not sufficiently save to properly carry the proposed and altered discharge generated by this project, the applicant shall then design and provide other alternative methods for properly conveying such discharge, at applicant cost, in a manner acceptable to the City Engineer. Any deviation from such requirements shall be subject to City Engineer review and approval. Every proposed drainage system shall be placed within its proper easement and appropriately dedicated. (ENG) *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # AC 05-02WRP 05-154 Final Conditions of Approval Date: October 25, 2005 Page 5 of 19 u 16. - - 17. 18. - .W’ 19. - 20. - L Storm Runoff, Hvdraulic/hvdroloqv Calculations. Prior to issuance of a precise grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Storm Runoff Management Plan, prepared by a Registered Civil Engineer showing existing and proposed facilities, hydraulic and hydrologic study and calculations and the methods of draining on-site and tributary areas without exceeding the capacity of any impacted street or facility and without negatively affecting existing downstream drainage systems and properties. Said study shall be consistent with the City’s Master Drainage Plan in accordance with all applicable City regulations, OCEMA design criteria, and standards. (ENG) Soils/Geolonv. Prior to issuance of grading permit, the applicant shall submit to the City Engineer for review and obtain approval for a Soils Report/Geotechnical 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 beddinglbackfill recommendations. (ENG) 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) 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) Traffic Control Plans. Prior to issuance of grading and right-of-way improvement priority, 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 *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-02lTRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 6 of 19 L 21 22. 23. 24. 25. L Policy 310. Any exception shall be subject to review and approval by the City Engineer (ENG) Recvcling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for a program complying with the requirements of the California Integrated Waste Management Act of 1989 to reduce construction and demolition debris through recycling. (ENG) 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 IO’ 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. Connection to Citv Drain must be Documented and Filed. Prior to issuance of grading permit, any proposed connections to existing public storm drains system, from on-site drains, must be approved by the City Engineer. All documentation and revisions to exiting plans, where points of connections are permitted, shall be provided and submitted by the applicant’s engineer at applicant’s expense, prior to acceptance to improvements and release of performance securities. (ENG) NPDES - Water Qualitv 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) NPDES Permit for Gradinn 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 developmentlconstruction activity in excess of one (a) acre of land. *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # AC 05-02/lRP 05-154 Final Conditions of Approval Date: October 25, 2005 Page 7of 19 26. - 27. - 28. - 29. - W 30. 31. - 32. - W Evidence that this requirement has been met shall be submitted to the City Engineer. (ENG) 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) Reciprocal Agreements. Prior to issuance of a grading permit, the applicant shall prepare and submit to the City Engineer for review and shall obtain approval for the proper easement and agreement documents associated with adjacent parcel(s) for maintenance, reciprocal parking and access purposes (ENG) Existing 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) 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) Drainage Acceptance Letter. Prior to issuance of a grading permit, drainage acceptance letter from each affected property owner shall be submitted to the City Engineer when the pre-developed storm runoff onto any adjacent property is increased, concentrated, diverted, or changed in any form as required by State law. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (ENG) 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) 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 *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-02lTRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 8 of 19 u 33. - 34. - 35. - 36. - 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) Orange County Fire Authoritv (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, trafficlparking 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). 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) County Surveyor Requirement. Prior to any construction, existing controlling monumentation shall be protected by tying it out and filing Corner Records with the County Surveyors Office showing those ties prior to construction. The applicant shall replace said monumentation in the new surface following construction, and again file a Corner Record with the County Surveyors Office showing the final monumentation. (ENG) Tree Replacement. This approval includes a Tree Removal Permit for a total of four trees, with tree replacement to be a minimum of eight trees. At least four of the replacement trees shall be a minimum size of 24-inch box. The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 37. - 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) 38. - Building Construction Plans. Prior to issuance of building permits, the applicant shall submit final construction plans, building elevations and floor plans to the Building and Safety Department for review and approval by all applicable departments. Such plans shall be fully dimensioned and in substantial conformance with those plans approved by the Planning Commission, Design Review Committee, and/or Planning Director (as applicable). Plans shall address the following: (PLN) *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-0 I Project # AC 05-0XRP 05-1 54 Final Conditions of Approval Date: October 25, 2005 Page 9 of 19 ’- a. b. C. d. e. f. The final conditions of approval shall be incorporated into the construction plans and shall be reproduced on the front page of the construction plans. 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. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached. 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. Final building colors shall be submitted to Design Review Committee for review and approval. Replacement trees shall be eight Tristania, four 24” box and four 15 gallon. 39. - 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 Engineer, prior to recordation. (ENG) 40. __ Sewer and Water Plans. Prior to the issuance of right-of-way improvements permits, the applicant shall submit to the City Engineer and the Public Works Director for review, and shall obtain approval for, sewer and water plans prepared by a Registered Civil Engineer. These plans shall be specific to the project and shall reflect consistency with the City’s Sewer and Water Master Plans, City municipal codes, standards, specifications, and City water standard specifications. The sewer plans shall indicate that all proposed sewer manholes shall be lined with polyurethane, or equal approved material, at the applicant‘s cost to the satisfaction of the City Engineer (ENG/PW). *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # AC 05-02lTRP 05-154 Final Conditions of Approval Date: October 25, 2005 Page IO of 19 d 41. - 42. - 43. 44. - 45. - Wastewater Feasibility Study. Prior to issuance of building and right-of- way permits, the applicant shall submit to the City Engineer, for review and obtain approval for, a Wastewater Feasibility Study, prepared by a Registered Civil Engineer, which evaluates the proposed development project and mitigates its anticipated impact on the existing Wastewater facilities system. Said study shall be consistent with the City’s Master Plan of Wastewater Facilities and the Special Provisions for the Construction of Sanitary Sewers. (ENG) On-Site Utilitv 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. (ENG) 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. 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) 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 *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-0 I Project # A C 05-02/lRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page I1 of 19 landscaping. This water service connection shall be to a City maintained water main pipeline located in Avenida Aeropuerto and/or Camino Capistrano. 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 5 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) 46. __ 47. 48. 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) Covenant In-lieu of Dedication of Water Rights. Prior to the issuance of permits, the applicant shall record a lessee covenant that 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, for the term of the applicant’s lease or 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 during the term of the applicant’s lease of the land. The language of the covenant must be approved by the City prior to recordation. The covenant must be recorded with the County Recorder prior to issuance of building permits. (PW) 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. All trees on site to be removed and retained. Tree removals shall comply with the City’s Tree Permit requirements. Replacement trees shall be eight Tristania, four 24” box and four 15 gallon. *Denotes Environmental Mitigation Measure Resolufion # 05- 10-25-01 Project # AC 05-02RRP 05- 154 Final Condifions of Approval Date: Ocfober 25, 2005 Page 12 of 19 C. d. e. f. g - h. I. j. k. I. m. 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. All slopes of 2:l and greater shall be permanently landscaped for erosion control. Backflow devices and utility pedestals shall be located so as to be visually inconspicuous, or screened with landscaping. Decorative hardscape and walkways, indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used. Location, height, materials and colors of all proposed and existing walls and fences. Location and details for all street furniture, including bicycle racks, benches, water features, trash receptacles, historic depiction devices, etc. Design details and locations for trash enclosures, which shall be of decorative construction compatible with the main structures. Trees shall be located so as to provide shade throughout parking lots, with a minimum of one (1) tree per six (6) parking spaces. 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. Sidewalks adjacent to head-in spaces shall be a minimum width of seven (7) feet. All landscape islands which are located at the front of head-in parking spaces shall be designed with a minimum two and a half (2-1/2) foot area free from vegetation where the front of a vehicle may overhang the planter. n. All portions of a parking lot devoted to landscaping shall be provided with a permanent automatic irrigation system designed for water conservation. *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-02/lRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 13 of I9 0. Vines shall be planted along the rear of building at a size of 1 gallon 10 feet on center. Vines shall consist of Boston Ivy or other approved plant material. 49. - Suretv 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 trees to be preserved and/or planted on the site are protected during construction and remain viable and healthy for twenty-four (24) months after issuance of a final certificate of occupancy. (PLN) 50. - Final Photometric Plans. Prior to issuance of building permits, the Final Photometric Plan shall be submitted to the Planning Department. Plans shall include the following information and requirements: (PLN) a. Show the location of decorative light standards and fixtures, including building-mounted light fixtures, to illuminate the parking area and other areas accessible to members of the public and the proposed illumination levels of these lights, extending ten (IO) feet beyond the property line. b. Demonstrate that illumination shall not create off-site light and glare. c. Maximum permitted luminaire height shall be twenty-five (25) feet within parking lots. d. The minimum permitted illumination within parking areas and walkways shall be 1 .O-foot candle. The maximum permitted illumination on-site shall be 5.0-foot candles, except that if the site abuts residentially used or designated land, the maximum illumination adjacent to these uses shall be 1.0. e. Exterior lighting shall be reduced to the extent feasible during hours that the business is not in operation. 51. - Water Availabilitv. 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) 52. - 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) *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-OWRP 05- 154 L 53. - 54. - 55. - 56. - Final Conditions of Approval Date: October 25, 2005 Page 14 of I9 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) 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) 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 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) 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 (71 4) 573-61 00 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. 57. __ 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 *Denotes Environmental Mitigation Measure Resolution # 05- 10-25-01 Project # A C 05-OWRP 05- .I 54 Final Conditions of Approval Date: October 25, 2005 Page 15 of I9 b. Haul Route Plan c. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas. (PLN) 58. 59. 60. 61. 62. 63. 64. 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)* 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) 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) 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) Construction hours. Construction hours shall be limited to 7:OO a.m. to 6.30:OO 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) Temporaw Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and staging areas for equipment and materials. (PLN) Emergency Access Road. An emergency access road with two points of ingress and egress is required to serve this project during all phases. *Denotes Environmental Mitigation Measure Resolution # 05-70-25-07 Project # AC 05-03TRP 05-754 Final Conditions of Approval Date: October 25, 2005 Page 16 of 19 Access roads shall be a minimum of twenty (20) feet of pavement or other all-weather surface as approved by the City Engineer. Any request to deviate from this requirement shall be subject to review and approval by the City Engineer. (ENG) 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: 65. - 66. - 67. __ 68. __ 69. - Complete all Improvements to the Citv’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) Provide As-Built MvlarslDigital Format. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer for review and obtain approval for the reproducible “As Built” Duplicate Mylar Plans of all improvement works completed and accepted. Said plan shall be prepared by a Registered Civil Engineer. Additionally, the applicant shall submit digital copies of all “As Built” plans, at no cost to the City, in accordance with the latest edition of the City of San Juan Capistrano Digital Submission Standards. (ENG) Monumentation Restored and Corner Records Filed with Countv. Prior to acceptance of improvements and release of performance securities, the applicant’s surveyor shall set all required monumentation during construction. Monumentation and corner records shall be submitted to the City Engineer and filed with the County Surveyor in compliance with AB 1414 and Section 8771 of the Business and Professional Code. (ENG) 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) Video Tape Sewers and Storm Drain Pipes. Prior to acceptance of improvements and release of performance securities, the applicant shall submit to the City Engineer, for review and obtain approval for, a video tape, filmed in the presence of a City Staff representative/inspector, of all “Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-OZTRP 05- 7 54 Final Conditions of Approval Date: October 25, 2005 Page 17 of 19 sewer and drainage improvements. The video shall become the property of the City. Any exception shall be subject to review and approval by the City Engineer. (ENG) K ‘W 70. - 71. - 72. - 73. __ 74. - 75. - 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) 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) Solid Waste ReductionlRecvcling 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. (PLNIENG) 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) 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) Consistencv 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, *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # A C 05-OWRP 05- 154 Final Conditions of Approval Date: October 25, 2005 Page 18 of 19 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) 76. - 77. - 78. - 79. - 80. - Final Plannina 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) 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) Fire Aisles. Drive aisles service as fire access lanes shall be posted “No Parking - Fire Lane” as approved by the Fire Department. (OCFA) Utilitv Underaroundinn. Prior to issuance of certificate of occupancy, the applicant shall underground, at no cost to the City, the overhead utility lines within the property and along its street frontage(s) to the satisfaction of the City Engineer. Any exception to, or deviation from this condition shall be subject to review and approval by the City Engineer. (Engr.). Reciprocal Parking and Access Agreement. Provide written documentation showing that a reciprocal parking and access agreement has been formed to allow joint use of common parking areas and drive aisles. *Denotes Environmental Mitigation Measure Resolution # 05-10-25-01 Project # AC 05-ONRP 05-754 ..- Final Conditions of Approval Date: October 25, 2005 Page 20 of 20 The following ongoing conditions shall be complied with at all times after completion of the project. 81. - Business License. The applicant, tenants, or successors in interest shall comply with the City’s business license requirements. (PLN) 82. - Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (PLN) 83. - - Noise. The applicant shall ensure that noise levels do not exceed levels permitted by the Municipal Code. (PLN) 04. - Future Parkinn 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) \- Responsible Agencies: B&S = Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Date of Approval: October 25, 2005 Resolution No.: 05-1 0-25-01 Effective Date: November 9, 2005 Date Title u *Denotes Environmental Mitigation Measure