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.
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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.
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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
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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.
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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.
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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)
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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 .-
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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 -
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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 -
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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.
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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.
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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
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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
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22.
23.
24.
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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
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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
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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
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a.
b.
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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
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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
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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
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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