JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL …

RESOLUTION NO. 14-9-30-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP (TTM 2014-17749), ARCHITECTURAL CONTROL (AC 13-004), AND GRADING PLAN MODIFICATION (GPM 13-006) FOR THE SPIEKER CONTINUING CARE RETIREMENT COMMUNITY ON 35 ACRES LOCATED AT 32382 DEL OBISPO STREET (SPIEKER SENIOR DEVELOPMENT PARTNERS)

WHEREAS, the Spieker Continuing Care Retirement Community Project (the "Project") has been proposed for development in San Juan Capistrano by:

Applicant: Property Owner: Project Location: Property APNs: Project Site Area: Proposed Use:

Spieker Senior Development Partners Vermeulen Ranch Center 32382 Del Obispo Street 121-182-17 and 121-182-53 35 acres 418 independent living units with amenities for persons not requiring daily assistance and a 1 01-unit health care center for residents needing daily assistance including memory support or direct medical assistance; and

WHEREAS, the proposed Project has been processed pursuant to Sections 9-2.301 (General Review Procedures) and 9-2-302 (Notification Procedures) of Title 9 (Land Use) of the San Juan Capistrano Municipal Code; and

WHEREAS, an Environmental Impact Report has been prepared to assess the environmental impacts of the proposed Project in compliance with the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines and Thresholds of Significance; and

WHEREAS, the proposed Project includes:

1. An application for a General Plan Amendment to change the General Plan land use designation of the 35 acre Project site from Agri-Business to Specific Plan/Precise Plan (GPA 13-002); and

2. An application for a Rezone to change the zoning designation of the 35-acre Project site from Agri-Business District to Specific Plan/Precise Plan District (RZ 13-005); and

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3. An application for a Specific Plan to establish the land use policies and zoning regulations for the 35 acre Project site (SP 14-001); and

4. An application for a Development Agreement between the City of San Juan Capistrano and the Project applicant to specify the standards and conditions that would govern development of the property (DA 14-003); and

5. An application for a Tentative Tract Map to create and subdivide the 35-acre Project site (TTM 2014-17749); and

6. An application for an Architectural Control to establish the site plan and architectural design of the proposed Continuing Care Retirement Community (AC 13-004); and

7. An application for a Grading Plan Modification to modify the existing finished grade of the Project site by more than two feet (GPM 13-006); and

WHEREAS, the Planning Commission conducted a duly-noticed public hearing on September 23, 2014 to consider the environmental determination of the Environmental Impact Report pursuant to CEQA, to hear the public testimony on the proposed Project, and to appraise all relevant information pertaining to the proposed Project; and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of the Environmental Impact Report prepared for the proposed Project; and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of a General Plan Amendment to change the General Plan land use designation of the 35 acre Project site from Agri-Business to Specific Pian/Precise Plan (GPA 13-002) and approval of a Specific Plan to establish the land use policies and zoning regulations for the 35 acre Project site (SP 14-001); and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of a Rezone to change the zoning designation of the 35-acre Project site from Agri-Business District to Specific Plan/Precise Plan District (RZ 13-005) and a Development Agreement between the City of San Juan Capistrano and the Project applicant to specify the standards and conditions that would govern development of the property (DA 14-003); and


A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP (TTM 2014-17749), ARCHITECTURAL CONTROL (AC 13-004), AND GRADING PLAN MODIFICATION (GPM 13-006) FOR THE SPIEKER CONTINUING CARE RETIREMENT COMMUNITY ON 35 ACRES LOCATED AT 32382 DEL OBISPO STREET (SPIEKER SENIOR DEVELOPMENT PARTNERS)

WHEREAS, the Spieker Continuing Care Retirement Community Project (the "Project") has been proposed for development in San Juan Capistrano by:

Applicant: Property Owner: Project Location: Property APNs: Project Site Area: Proposed Use:

Spieker Senior Development Partners Vermeulen Ranch Center 32382 Del Obispo Street 121-182-17 and 121-182-53 35 acres 418 independent living units with amenities for persons not requiring daily assistance and a 1 01-unit health care center for residents needing daily assistance including memory support or direct medical assistance; and

WHEREAS, the proposed Project has been processed pursuant to Sections 9-2.301 (General Review Procedures) and 9-2-302 (Notification Procedures) of Title 9 (Land Use) of the San Juan Capistrano Municipal Code; and

WHEREAS, an Environmental Impact Report has been prepared to assess the environmental impacts of the proposed Project in compliance with the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines and Thresholds of Significance; and

WHEREAS, the proposed Project includes:

1. An application for a General Plan Amendment to change the General Plan land use designation of the 35 acre Project site from Agri-Business to Specific Plan/Precise Plan (GPA 13-002); and

2. An application for a Rezone to change the zoning designation of the 35-acre Project site from Agri-Business District to Specific Plan/Precise Plan District (RZ 13-005); and

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3. An application for a Specific Plan to establish the land use policies and zoning regulations for the 35 acre Project site (SP 14-001 ); and

4. An application for a Development Agreement between the City of San Juan Capistrano and the Project applicant to specify the standards and conditions that would govern development of the property (DA 14-003); and

5. An application for a Tentative Tract Map to create and subdivide the 35-acre Project site (TTM 2014-17749); and

6. An application for an Architectural Control to establish the site plan and architectural design of the proposed Continuing Care Retirement Community (AC 13-004); and

7. An application for a Grading Plan Modification to modify the existing finished grade of the Project site by more than two feet (GPM 13-006); and

WHEREAS, the Planning Commission conducted a duly-noticed public hearing on September 23, 2014 to consider the environmental determination of the Environmental Impact Report pursuant to CEQA, to hear the public testimony on the proposed Project, and to appraise all relevant information pertaining to the proposed Project; and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of the Environmental Impact Report prepared for the proposed Project; and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of a General Plan Amendment to change the General Plan land use designation of the 35 acre Project site from Agri-Business to Specific Plan/Precise Plan (GPA 13-002) and approval of a Specific Plan to establish the land use policies and zoning regulations for the 35 acre Project site (SP 14-001); and

WHEREAS, after a duly-noticed public hearing on September 30, 2014, Planning Commission adopted a resolution recommending to City Council approval of a Rezone to change the zoning designation of the 35-acre Project site from Agri-Business District to Specific Plan/Precise Plan District (RZ 13-005) and a Development Agreement between the City of San Juan Capistrano and the Project applicant to specify the standards and conditions that would govern development of the property (DA 14-003); and

WHEREAS, the proposed conditions of approval for the Tentative Tract Map (TTM 2014-17749), Architectural Control (AC13-004), and Grading Plan Modification 13-006 are attached hereto as Exhibit A and incorporated herein.

NOW THEREFORE BE IT RESOLVED, as follows:

Section 1. The above recitations are true and correct and adopted as the findings of the Planning Commission.

Section 2. The Planning Commission hereby makes the following findings with respect to the Tentative Tract Map (TTM 2014-17749) for the proposed Project:

1. The proposed map is consistent with the Genera! Plan and any applicable specific plan or comprehensive development plan. Tentative Tract Map 2014-17749 is a component of the Project proposal, which includes a General Plan amendment (GPA 13-002) and a specific plan (SP14-001). The three were designed for consistency with a subdivision plan that creates a separate parcel (Parcel 1) for the existing retail center (8 acres) that makes it "not a part" of the Project proposal. Parcels 2 through 9 comprise the proposed Project site, consistent with SP14-001 and the General Plan, as amended by GPA 13-002.

2. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan. Tentative Tract Map 2014-17749 subdivides the Project site into parcels that correspond to the proposed Project's site design, internal circulation, access, and phasing plan, consistent with SP14-001 and the General Plan, as amended by GPA13-002.

3. The site is physically suitable for the type of development. As documented in the Environmental Impact Report prepared for the Project proposal, the site is appropriately sized, has adequate access, is not located in environmentally-sensitive area, and has sufficient water supplies and other utilities available for Project needs.

4. The site is physically suitable for the proposed density of development. The density of the independent living component is 14.5 dwelling units per acre, which is consistent with the General Plan and zoning designations for multiple family housing of 8.1 to 18 dwelling units per acre, and less than the 18.1 to 25 dwelling units per acre for affordable family and senior housing. The Environmental Impact Report prepared for the Project proposal did not identify any potentially significant impacts related to density or the physical suitability of the Project site.

5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed Project site has been previously developed; there are no fish, wildlife, or their habitat on the Project site. The Environmental Impact Report prepared for the Project proposal did not identify any potentially significant impacts related to biological resources.

6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. There are no public access easements on the Project site.

Section 3. The Planning Commission hereby makes the following findings with respect to the Architectural Control (AC13-004) for the proposed Project:

1. The proposed use and design of the Project comply with all applicable provisions of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or comprehensive development plan. The Environmental Impact Report prepared for the proposed Project analyzed the consistency of the proposed use and design with the Specific Plan and the City zoning code and determined that the Project is consistent with Specific Plan 14-001 and any applicable provisions of Title 9 of the San Juan Capistrano Municipal Code

2. The proposed use and design of the Project is consistent with the goals, policies, and objectives of the General Plan, including the Community Design Element. The Environmental Impact Report prepared for the proposed Project analyzed the consistency of the proposed use and design with the General Plan and determined that the Project is consistent with the General Plan.

3. The site is adequate in size and shape to accommodate all yards, open spaces, setbacks, parking, access, and other features pertaining to the application, except as otherwise approved. The proposed site plan meets or exceeds all development and design standards specified in Specific Plan 14-001 and/or Title 9 of the San Juan Capistrano Municipal Code, as applicable.

4. The character, scale, and quality of the architecture, site design, and landscaping are consistent with the adopted Architectural Design Guidelines of the City. To ensure consistency with the adopted Guidelines and a superior product, the applicant complied with the recommendations of an appointed Ad Hoc Planning Commission Design Review Committee.

5. The site plan provides functional and safe vehicular, bicycle, and pedestrian access and circulation. Specific Plan 14-001 contains both an

internal vehicular circulation plan and a pedestrian circulation plan. The Traffic Impact Analysis of the Environmental Impact Report prepared for the proposed Project analyzed traffic and circulation impacts and determined that with required mitigation, there are no potentially significant impacts related to vehicular safety, access, and circulation.

6. The proposed use and design of the Project are compatible with surrounding existing uses and proposed land uses and community character, including scale, intensity, massing, architectural design, landscape design, and other development characteristics. The proposed Project is designed to limit its impacts on the surrounding community and to provide a high quality product that meets and exceeds the design expectations of the neighborhood. The Project site has a grade differential; therefore, the tallest building (38 feet) is proposed for the lowest grade to mitigate its impact on the community as demonstrated by the View Simulations contained in the Environmental Impact Report prepared for the proposed Project. Proposed perimeter walls and landscaping are intended to enable the facility to attractively blend into the neighborhood with minimal impact.

Section 4.The Planning Commission hereby makes the following findings with respect to the Grading Plan Modification (GPM13-006) for the proposed Project:

1. The proposed grading plan modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and the proposed Spieker Continuing Care Retirement Community Specific Plan (SP14-001) because they do not affect any ridgelines, use natural landform grading, minimize the use and height of retaining walls, and effectively use landscaping for erosion control and aesthetics.

2. The proposed grading plan modifications are generally consistent with the site plan, landscape plan, and design concepts of the proposed Architectural Control (AC13-004) because they are a component of those plans and integrated therein.

3. The proposed grading plan modifications will remain consistent and compatible with the immediately adjacent lots because the site plan was designed to limit the impacts of the proposed Project by featuring the natural contours of the property and building the tallest buildings at the lowest grades.

4. The proposed modified grading plan shows the location of the proposed building footprints and meets all required setbacks for the building as defined in the Spieker Continuing Care Retirement Community Specific Plan, and minimum setbacks as defined in Section 9-4.513 of the municipal code.

5. The proposed modified grading will not cause adverse impacts to other properties, including but limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because it is subject to the Mitigation Monitoring and Reporting Program of the Environmental Impact Report and the Project's conditions of approval.

Section 5. The Planning Commission hereby recommends to the City Council approval of the Tentative Tract Map (TTM 2014-17749), Architectural Control (AC13-004), and Grading Plan Modification 13-006, for the proposed Project subject to the conditions of approval as provided in Exhibit A, attached hereto and incorporated herein; and

PASSED, APPROVED AND ADOPTED this 30th day of September 2014, by the following vote to wit:

AYES:

NOES:

ABSTAIN:

Sheldon Cohen, Chairman

Charles View, Development Services Director and Planning Commission Secretary

PROJECT LOG#: AC13-006


CONDITIONS OF APPROVAL

PROJECT NAME: Laguna Glen Continuing Care Retirement Community (Spieker Senior Development Partners)

APPROVAL DATE:

These conditions of approval apply to the above-referenced project application described in more detail below. 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. Project Plans. The subject project proposes the construction of a self-contained Continuing Care Retirement Community on 35 acres located at 32382 Del Obispo Street, APNs 121-182-53 and 121-182-17. This project approval is based on and subject to the application materials prepared by Charles Hartman & Associates (Engineers) and KTGY Group (Architects) including site plan(s), building elevation(s), floor plan(s), preliminary landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other plans. These plans and the proposed use of the project site are hereby incorporated by reference into this approval as submitted and conditioned herein, and shall not be further altered unless reviewed and approved pursuant to Article 9-2.3, Development Review Procedures of Title 9, Land Use Code.

2. Compliance with Outside Regulations Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements.

3. Signed Plans. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, stamped and signed, if required, only by those individuals legally authorized to do so.

4. Legal Defense.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 Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

5. Applicant Responsibilities. 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,

EXHIBIT A

Resolution 14-9-30-XX AC13-006

Spieker Senior Development Partners (Laguna Glen CCRC)

Conditions of Approval

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including the requirement that a business license be obtained by all entities doing business in the City.

6. Site Development.. The project site shall developed in accordance with the Spieker Continuing Care Retirement Community Specific Plan (SP14-001) as approved by City Council, and any conditions contained therein.(DSD)

7. Concurrent Approvals. This approval is contingent upon the concurrent approval of TTM2014-17749 and shall become null and void upon the expiration of said concurrent approval.

8. Sign Plan. 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 Development Services Department and Building and Safety Division.

9. Discrepancy Clause. 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 pl~ms as stipulated in the later approval shall prevail.

10. Public Nuisances 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.

11. Environmental Impact Report. The project site is subject to the Final Environmental Impact Report (EIR) and Mitigation Monitoring Report Plan (MMRP) certified for the Spieker Continuing Care Retirement Community project. All future development shall comply with the EIR and MMRP. The Director of Development Services may require inspections or other monitoring to ensure such compliance.(DSD)

12. Fees. 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.

13. Fees. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental documents.

14. Approval Requirements. All applicable approvals and clearance from other departments and agencies shall be on file with the Building and Safety Division prior to issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S)

15. Orange County Fire Authority (OCFA). Specific submittal requirements may vary from those listed herein depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Standard notes, guidelines, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting www.ocfa.org and clicking "Fire Prevention" and then "Planning and Development Services."




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The following conditions shall be met prior to or in conjunction with the issuance of any building permit(s):

2.1 Revised Architectural Plans, Elevations, Details, and Color Board. Prior to issuance of plans to the Building Division for building permits, the applicant shall submit to the Development Services Department final architectural plans and elevations, design details, and color and materials board (collectively, "design plans") to ensure the proposed design, colors, materials, massing, architectural style, landscaping, lighting, signage, and other similar design features are compatible with the City's General Plan, Development Code, Architectural Design Guidelines, and the Spieker Continuing Care Retirement Community Specific Plan. The Director of Development Services may forward the design plans to various City boards and commissions including without limitation to a Planning Commission Ad-hoc Committee for review and recommendation.(DSD)

2.2 Revised Landscape Plans. Prior to issuance of plans to the Building Division for building permits, the applicant shall submit to the Development Services Department final landscape plans to ensure the proposed plans are compatible with the City's General Plan, Development Code, Architectural Design Guidelines, and the Spieker Continuing Care Retirement Community Specific Plan. The Director of Development Services may forward the design plans to various City boards and commissions including without limitation to a Planning Commission Ad-hoc Committee for review and recommendation. (DSD)

2.3 Tree Removal Permit. Prior to issuance of building permits, a tree removal permit shall be obtained by the applicant. The tree removal shall be consistent with the recommendations of the Tree Preservation Report prepared in February 2014 and incorporated into the project's Environmental Impact Report.

2.4 Applicable Codes. Prior to issuance of building permits, plans for this project shall be submitted to the Building and Safety Division for review and approval, and shall comply with the latest City-adopted edition of the applicable Building Codes and all applicable Federal, State and local amendments. (B&S)

2.5 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 Division for review and approval by all applicable departments. Such plans shall be fully dimensioned on 24" X 36" sheets and in substantial conformance with those plans approved by the Development Services Commission, Design Review Committee, and/or Development Services Director (as applicable). Plans shall address the following: (DSD)

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 buildingmounted 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



Spieker Senior Development Partners (Laguna Glen CCRC) Page 4 of 10

design. All roof-mounted equipment shall be screened from view by parapet walls or other architectural means. The applicant shall demonstrate to the satisfaction of the City Planner that no roof-mounted equipment will be visible from the public right-of-way. Screening shall be compatible with main structures and include landscaping where appropriate.

c. Elevations shall note that all exterior exposed gutters and downspouts must be painted to match the surface to which they are attached.

d. Location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture.

a. 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. (DSD)

e. Show the location and method of operation of any vehicle restricting gates on the site plan. The gates shall be subject to the approval of the City Engineer and the Fire Department. Where gates are used, a portion of the guest spaces shall be accessible without passing through a security entrance. (ENG/PLN)

2.6 Final Landscape Irrigation Plans. Prior to issuance of building permits, final landscape and irrigation plans shall be submitted to the Development Services Department for review and approval by appropriate departments. Plans shall include all project entries, parking areas, landscaped slopes, common open areas, irrigation system, etc. Final landscape plans shall show the following information and shall be consistent with the Planning Commission-approved preliminary landscape plans: (DSD, UD-ENG)

a. Type, location, and size of all proposed plant material. Proposed landscaping shall incorporate water conservation techniques and use California native or friendly drought-tolerant plants.

b. All existing on-site trees approval for removal and all existing trees to be preserved consistent with the approved preliminary landscape plans.

c. Turf shall only be permitted based on a determination by the City that no other groundcover is suitable for the proposed site location and application. Where turf is permitted by the City, turf areas shall consist of a drought-tolerant turf (e.g. UC Verde "Buffalo" grass) and shall be separated from non-turf areas by a mow strip or header.

d. All slopes of 2:1 and greater shall be permanently landscaped for erosion control.

e. Backflow devices and utility pedestals shall be located in visually inconspicuous areas and/or visually screened with landscaping.

f. Decorative hardscape and walkways indicating materials and colors. Where pedestrian walkways cross drive aisles, decorative paving shall be used.

g. Location, height, materials and colors of all proposed and existing walls and fences.




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h. Location and details for all street furniture including bicycle racks, benches, water features, trash receptacles, required historic depiction program elements, etc.

i. Design details and locations of all solid waste enclosures which shall be of decorative design and compatible with the main structures.

j. Trees shall be located so as to provide shade throughout parking lots consistent with the Planning Commission-approved preliminary landscape plans.

k. Where landscape planters abut the sides of parking spaces, they shall not extend within three feet (3'-0") of the aisle edge. Wherever a landscaped planter is located adjacent to a parking space, a twelve inch (12")-wide, paved "landing" strip shall be provided to accommodate drivers/passengers accessing vehicles. Landscape planters shall have a minimum interior width, measured from inside-of-curb to inside-of-curb, of three feet (3'-0") where no "landing" is required; four feet (4'-0") where a "landing" is required on one side; and five feet (5'-0") where "landings" are required on both sides.

I. Sidewalks adjacent to head-in spaces shall have a minimum width of seven feet (7'-0") unless the parking stalls are provided with wheelstops that prevent vehicles from overhanging sidewalks.

m. All landscape areas adjacent to head-in spaces shall have a minimum width of four feet, six inches (4'-6") unless the parking stalls are provided with wheelstops that prevent vehicles from overhanging the landscape area.

n. All landscaping shall be provided with a permanent, automatic irrigation system designed for water conservation.

2.7 Surety for Tree Preservation. Prior to issuance of building permits, the applicant shall provide surety in the form of a bond or other method as approved by the City Engineer 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. (PW&UD)

2.8 Final Lighting & Photometric Plans. Prior to issuance of building permits, the applicant shall submit the final lighting & photometric plan for the project for Development Services Department review and approval. Plans shall include the following information and meet the following requirements: (DSD)

a. Show the location of all light standards and fixtures, free-standing and building-mounted, that illuminate the parking area and other areas accessible to the public and the proposed illumination levels in footcandles (fc) extending five (5) feet beyond the property line.

b. Illumination levels shall comply with the Lighting Standards of Title 9, Land Use Code.

c. Building-mounted fixtures shall be mounted below the roof eaves or at a height no greater than the height of the pole mounted fixture per Section 9-3.529whichever is less. Free-standing (pole-mounted) luminaires shall not exceed a maximum height of 20 feet per Section 9-3.529 ..




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d. Illumination shall be by energy-efficient sources, such as LED or induction. Metal halide, high-pressure sodium (HPS), mercury vapor and halogen lights are expressly prohibited, or other type of illumination as approved by the City Engineer.

e. Shielding shall be required so that light measured within 5 feet of the outside of the property boundary shall not exceed 0.1 footcandle. Exterior lighting fixtures that would be visible from adjacent residential areas shall be shielded or oriented so that the light source is not visible from those areas.

f. Exterior lighting shall be reduced to the extent feasible during hours that the use is not in operation.

g. The design of all fixtures shall be consistent with existing City-approved design plans for the property.

2.9 OCFA Review of Architectural Building Plans. Prior to the issuance of the first building permit, the applicant shall submit the following plans for OCFA review and approval: architectural (service codes PR200-PR285), underground piping for private hydrants and fire sprinkler systems (service code PR470-PR475), and fire sprinkler system (service codes PR400-PR465). (OCFA)

2.10 Fire Alarm System. Prior to the issuance of the first building permit, the applicant shall submit plans for the fire alarm system 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)

2.11 Automatic Fire Sprinkler Systems. Prior to the issuance of the first 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)

2.12 Hazardous Materials. Prior to the issuance of the first building permit, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." (OCFA)




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The following conditions shall be met continuously during construction and prior to issuance of any certificate of occupancy:

3.1 Compliance with approved plans. At all times during construction, the applicant shall ensure compliance with approved construction mitigation plans, including: (PW-ENG)

a. Erosion Control Plan b. Haul Route Plan c. Traffic Control Plan d. Construction Debris Recycling Plan e. Temporary Use Permit for construction trailer and staging areas.(DSD)

3.2 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any construction trailer and/or staging areas for equipment and materials. (DSD)

3.3 Archaeological Monitor. A qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) shall be retained by the project applicant and shall be present at pre-construction meetings to advise construction contractors about the sensitive nature of cultural resources located on and/or in the vicinity of the project site, as well as monitoring requirements. A qualified monitor (defined as an individual with a bachelors degree in anthropology with archaeological monitoring experience), supervised by the qualified archaeologist, shall observe on- and off-site construction activities that result in grading, and/or excavating on or below the original ground surface (including during project-related off-site utility [natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). Should nonhuman cultural resources be discovered, the monitor shall have the power to temporarily halt or divert construction activities until the qualified archaeologist can determine if the resources are significant and, if significant, until recovered by the archaeologist. In the event that human remains are discovered, construction activities shall be halted or diverted until the provisions of §7050.5 of the Health and Safety Code and §5097.98 of the Public Resources Code have been implemented. (DSD)

3.4 Native American Monitor. During construction/grading activities, a Native American monitor shall observe construction/grading activities that result in grading, excavating, and/or trenching on or below the original ground surface (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements). The Native American monitor shall consult with the archaeological monitor regarding objects and remains encountered during grading that may be considered sacred or important. In the event that evidence of human remains is discovered, the Native American monitor shall verify that the archaeologist has notified the Coroner. (DSD)

3.5 Paleontological Monitoring. A qualified monitor (defined as an individual with a bachelors degree in paleontology and monitoring experience), supervised by the qualified paleontologist, shall be on-site during construction activities that result




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in the grading and/or excavating of current surface material (including during project-related off-site utility [e.g., natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway improvements) to monitor for paleontological resources. Should paleontological resources be discovered, the monitor shall have the authority to temporarily halt or divert construction activities until the qualified paleontologist can determine if the resources are significant. Significant paleontological resources shall be recovered by the qualified paleontologist. (DSD)

3.6 Emergency Access Road. An emergency access road with two points of ingress and egress is required to serve this project during all phases. 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. (PW-ENG)

3.7 Sign Program. Prior to issuance of the first Certificate of Occupancy, the applicant shall submit a sign program for review and receive approval by the Planning Commission. (DSD)

3.8 OCFA Review. Prior to concealing interior construction, the applicant shall submit the following plans for OCFA review and approval: sprinkler monitoring system (service code PR500), fire alarm system (service code PR500-PR520), and hood and duct extinguishing system (service code PR335).

The following conditions shall be met prior to acceptance of improvements, release of bonds and/or surety and final utility clearances:

3.9 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 Development Services Department. The applicant shall provide as-built landscape plans with all deltas (changes) clearly identified. (DSD)

3.10 Consistency with Approved Plans and Elevations. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The



Spieker Senior Development Partners (Laguna Glen CCRC) Page 9 of 10

term of the deferral shall be as determined by the Development Services Department. (DSD)

3.11 Final Cultural Resource Reports. Prior to final inspection by the Development Services Department, the applicant shall submit evidence that final reports for any historical, cultural, archaeological or paleontological resources recovered from the project site during grading or construction have been filed with the appropriate information repository. Reports shall include information on disposition of resources. (DSD)

3.12 Final Development Services Inspection. Prior to application for a final occupancy permit, the applicant shall schedule a final inspection by the Development Services Department and pay the applicable inspection fee, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. Development Services Department shall not conduct a final inspection until any outstanding balance has been paid in full. (DSD)

3.13 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)

The following ongoing conditions shall be complied with at all times after completion of the project.

4.1 Business License. The applicant, tenants, or successors in interest shall comply with the City's business license requirements. (DSD-PW)

4.2 Site Maintenance. The applicant shall maintain all portions of the site, including undeveloped areas, storm drains, etc., pursuant to Municipal Code requirements for property maintenance. (DSD & PW-ENG)

4.3 Noise. The applicant shall ensure that noise levels do not exceed levels permitted by Section 9-3.531. Noise standards (residential and non-residential) of the Municipal Code. (DSD)

4.4 Future Parking Demand. In the event that future land uses require additional parking, the applicant must obtain the necessary land use approval that demonstrates that sufficient parking is being provided for all land uses within the building or on the property. (DSD)

Responsible Departments/Agencies: DSD: Development Services Department

Division

DSD-B&S: DSD - Building & Safety PWENG: Public Works & Utilities - Public Works

UD-ENG: OCFA:

Public Works & Utilities - Utilities Division Orange County Fire Authority



Applicant Acceptance of Conditions of Approval:

Applicant Signature

Applicant's name/title (print)


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Date

JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL …

Documents

Transcript of JUAN CAPISTRANO RECOMMENDING TO THE CITY COUNCIL …