RESOLUTION NO. o 4-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, APPROVING AMENDMENT TO SITE PLAN PERMIT (AM SPP) 99-16, MARBLEHEAD COASTAL COMMERCIAL
DEVELOPMENT
WHEREAS, on August 5, 1998 the City Council approved Tentative Tract Map 8817, Site Plan Permit (SPP) 97-16 and Coastal Development Permit 97-42 to allow the subdivision of 250.6 acres and the development of a 434 single family residential dwelling units. Site Plan Permit 97-17, Conditional Use Permit 97-18 and Sign Exception Permit 97-19 to allow development of the commercial portion of the project were denied; and WHEREAS, on July 7, 1999 the City Council approved Site Plan Permit 99-16, Conditional Use Permit 99-17 and Sign Exception Permit 99-18 to allow the development of 443,860 square-feet of specialty retail, 176, 232 square-feet of entertainment and 80,048 squarefeet of general retail; and WHEREAS, on March 1, 2000 the City Council approved an Amendment to Tentative Tract Map 8817 and Site Plan Permit 97-16 to preserve additional exi$ting wetland habitat and reduce the number of homes from 434 to 424 and allow other related modifications to the previously approved project; and
WHEREAS, on September 26, 2001, the City Council conceptually endorsed the site plan revisions prior to the applicant submitting an application to the California Coastal Commission; and
WHEREAS, on April 9, 2003, the California Coastal Commission conditionally approved the Marblehead Coastal project; and
WHEREAS, on September 16, 2003, the City Council approved an Amendment to TTM 8817 to preserve additional environmentally sensitive habitat areas and other open space, reduce the amount of developed acreage including a reduction in commercial square footage and the number of residential lots from 424 to 313; and
WHEREAS, on March 9, 2004, an application was submitted by MT No. 1, LLC, 16592 Hale A venue, Irvine, California 92606 to request to amend previously approved commercial Site Plan Permit 99-16 to allow the development of approximately 641,534 square-feet of commercial uses including a 120 to 130 room hotel, conference center, theater, restaurants and outlet retail uses; and
Attachment 2
Resolution No. _ O 4-61 Page 2
WHEREAS, the Planning Division completed an Environmental Initial Study for the above referenced project in accordance with the California Environmental Quality Act (CEQA).
In accordance with Section 15164 of CEQA, the Planning Division prepared an Addendum to Final Environmental Impact Report (EIR) 95-01 for the Marblehead Coastal Project (State Clearing House Number 95091037). The Addendum addresses the impacts of modifications to the Site Plan Permit, updates previous studies and provides new analysis; and WHEREAS, the City's Development Management Team reviewed the proposed Site Plan Permit for consistency with the General Plan policies and other applicable City ordinances and policies; and
WHEREAS, the Design Review Subcommittee regularly reviewed the proposed project between November 24, 2003 and June 7, 2004 and provided comments; and WHEREAS, on June 2, 2004, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application and considered evidence presented by City staff, the project applicant and other interested parties and continued the item to June 16, 2004 and;
WHEREAS, on June 16, 2004, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application and considered evidence presented by City staff, the project applicant and other interested parties and adopted a resolution recommending approval of the project; and
WHEREAS, on July 20, 2004, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application and considered evidence presented by City staff, the project applicant and other interested parties.
NOW THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:
Section 1: Pursuant to CEQA and the CEQA Guidelines, the San Clemente City Council certified Marblehead Costa} Final Environmental Impact Report (FEIR) 95-01 (SCH NO. 95091037). Certification of the document also included the adoption of Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. On July 1998, February 2000, August 2003 and December 2003. the City Council certified Addendums to FEIR 95-01. Addendum No. 5 to FEIR 95-01 considers all environmental impacts of the proposed project and is complete and adequate and fully complies with all requirements of CEQA and the State CEQA Guidelines. Addendum No. 5 to Final EIR 95-01 thoroughly addresses proposed modifications to the Marblehead Coastal Project. Based on proposed modifications, no substantial changes are proposed in the project which will require major revisions of the Environmental Impact Report; there are no substantial changes with Resolution No. 04-61 Page 3
respect to the circumstances under which the project is being undertaken which will require major revisions to the Environmental Impact Report, and there is no new information, which was not known and could not have been known at the time the Environmental Impact Report was certified as complete, no new significant environmental impacts would occur, nor would the severity of the impacts previously identified increase. The environmental review pursuant to Section 15164 (Addendum EIR) of the State CEQA Guidelines appropriately addresses environmental considerations associated with project revisions and none of the conditions identified in Section 15162 (Subsequent EIRs) occur. All records pertaining to the FEIR and Addendum are contained in the Planning Division of the City of San Clemente.
Section 2: The City Council of the City of San Clemente finds and determines as follows with regard to Amendment Site Plan Permit 99-16:
A. The proposed commercial development is pemlitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all of the applicable provisions of the Marblehead Specific Plan, the goals and objectives of the San Clemente General Plan, and the purpose and intent of the zone in which the development is being proposed in that:
1. The proposed project provides for retail outlet stores, restaurants a theater, hotel conference center and other permitted uses within the Regional Commercial portion of the Marblehead Coastal Specific Plan area.
2. The proposed project is consistent with the Land Use Element and the Conservation and Open Space Element of the City of San Clemente General Plan in that is has been determined that no encroachment into designated open space will occur as a result of the development of this project.
3. The proposed project is consistent with all other aspects of the City of San Clemente General Plan and the Marblehead Specific Plan with respect to grades, drainage and sanitary facilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; lot size and configuration; traffic circulation and access; and other specific requirements.
B. The site is suitable for the type and intensity of development that is proposed in that Planning Area RC IA is designated for regional commercial development.
C. The proposed regional commercial development, as conditioned, will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that the project is consistent with the General Plan and Marblehead Coastal Specific Plans, fits well within the surrounding community and will not be developed until all utility services are Resolution No. o 4-61 Page4
available. All sewer and water services which will be provided to the site are the responsibility of the owner and his/her designee, and as conditioned, no building permits shall be issued prior to proof that such water and sewer systems can accommodate the project.
D. The proposed regional commercial development, as conditioned, will not be unsightly or create disharmony with its locale and surroundings, and the general appearance of the proposal is in keeping with the character of the neighborhood, in that:
1. The regional commercial site is buffered from adjacent land uses through the use of grade separation and landscape screening.
2. Roofs are designed to include parapets that will adequately screen roofmounted equipment. The flat smface of the roof and roof-mounted equipment will be painted to match the color of the tile roof.
E. The proposed regional commercial development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location, and will not be detrimental to the orderly and harmonious development of the City of San Clemente, in that:
1. A condition of approval requires that delivery trucks comply with a truck routing plan to avoid conflicts with other vehicles and pedestrians.
2. Commercial parking meets or exceeds minimum standards.
3. Pedestrian sidewalks are proposed through the commercial development and an extensive public trail system is also provided.
F. The architectural treatment of the regional commercial project complies with the San Clemente General Plan, the Marblehead Specific Plan, and the San Clemente Zoning Ordinance in areas including, but not limited to, height, setback and color, etc., in that:
1. The proposed commercial uses comply with the maximum 45-foot height limit of the Marblehead Specific Plan Regional Commercial zone. The theater complies with the maximum 55-foot height limit and a maximum architectural projection of 62-feet.
2. The commercial development complies with the minimum average setback of 50-feet for all buildings with frontage along a major arterial.
G. The architectural treatment of the commercial project complies with the architectural guidelines in the City of San Clemente Design Guidelines and the Marblehead Specific Plan, in that:
Resolution No. o 4 -61 Page 5
1. The architecture incorporates a variety of Spanish-influenced design elements to strengthen San Clemente's unique character and historic identity of the "Spanish Village by the Sea".
2. The building facades incorporate vertical and horizontal articulation to reduce apparent massing.
3. Varied architectural styles are balanced with unifying elements of building materials and project landscaping.
Section 3: The City Council hereby approves Amendment to Site Plan Permit 99-16 Marblehead Coastal Commercial Development, subject to the above Findings, and the Conditions of Approval attached hereto as Exhibit 1.
PASSED AND ADOPTED this 2 o th
ATTEST:
STATEOFCALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN CLEMENTE)
day of ,Jn 1 y , 2004.
,,
~Q.~, --=-
Mayor of the City of
San Clemente, California
I, Myrna Erway, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. O 4-61 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 2 O th day of Ju 1 Y , ~ O O 4 __ , by the following vote:
AYES:
NOES:
ABSENT:
ANDERSON, DAHL, DOREY, EGGLESTON, MAYOR RITSCHEL
NONE
NONE
Resolution No. o 4-61 Page6
Resolution No. , o 4-61 Page 7
EXHIBIT l
CONDITIONS OF APPROVAL
AMENDMENT TO SITE PLAN PERMIT 99-16 MARBLEHEAD COASTAL
COMMERCIAL DEVELOPMENT
GENERAL CONDITIONS
l. AM SPP 99-16 is subject to these conditions and a11 applicable Conditions of Approval for Amendment to Tentative Tract Map 8817 as approved by the City Council on September 16, 2003 with Resolution 03-75. Prior to Final Map approval for any portion of AM TIM 8817, the owner or designee shall submit for review, and shall obtain the approval of the City Council for, a Final Map prepared under the direction of a Registered Civil Engineer or a Licensed Land Surveyor. The Final Map(s) shall be subject to all pertinent requirements of the Subdivision Map Act and shall substantially conform to AM TIM 8817, AM SPP 99-16, City standards, and all other applicable approved plans, codes, ordinances, statutes and regulations. •• (Plng.) __ (Eng.) __ _
2. This project is approved subject to the provisions of Final Environmental Impact Report (FEIR) 95-01 and subsequent Addendums and the mitigation measures adopted with FEIR, included by reference with these conditions of approval. (Ping.) __
3. The owner or designee shall develop the approved project m conformance with all applicable submittals approved by the City subject to modifications by these Conditions of Approval. Any deviation from the applicable submittals recommended for approval by the Planning Commission shall require that, prior to the issuance of any permits, the owner or designee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the City Planner or designee. If the City Planner or designee determines that the deviation is significant, the owner or designee shall be required to apply for review and obtain the approval of the City Council. (Ping.) __ _
4. The owner or designee shall not pave any street under which Cable TV conduit is to be placed without actual notice to Cox Communications or their successor in interest, for the installation of cable conduit. Notice shall be sent to the following address: Cox Communications, General, Manager, 29947 Avenida de las Banderas, Rancho Santa Margarita, California 92688. (Ping.) __
5. The owner or designee agrees to defend, indemnify and hold harmless the City of San Clemente and its elected and appointed boards, commissions, agents, officers and employees from any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations, and expenses (including but not limited to attorneys' fees and costs) which may arise, directly or indirectly, from the acts, omissions; or operations of the owner or owner's agents, contractors, subcontractors, or employees concerning Amendment to Site Plan Permit 99-16 when such action is brought within the time period provided under Resolution No. O 4-61 Page 8
Government Code Section 66499.37. The City shall notify the owner or designee of the pendency of any such action and request that the owner or des1gnee defend such action. If the owner or designee fails to do so, the City may defend the action and the owner or designee shall pay the cost thereof. The provisions herein shall not apply to the extent such damage; liability or claim is caused by the willful misconduct or sole active negligence of the City, or the City's officers, officials, agents, employees or representatives. (Ping.) __ _
6. AM Site Plan Permit 99-16 is approved with the intent that the theater (Building 22) and the hotel (Building 15) are architectural landmarks for the project. If either the hotel or theater is not constructed, then alternative architectural landmarks shall be developed.
The development of alternative landmarks shall require the submittal and approval of an Amended Site Plan Permit including review by the City's Design Review Subcommittee, Planning Commission and City Council. This condition is in addition to Condition Nos. 38 and 39 which also relate to the theater and hotel buildings._ ••(Ping.) __
7. The commercial bridge shall include the following design revisions to the satisfaction of the City Planner or designee and the City's architectural consultant: ••(Ping.) __ A. Provide a minimum 5-foot wide sidewalk on the west side of the bridge.
B. Corbels on the lower bridge beam shall be the same dimension as the support posts.
C. Provide decorative posts between the bridge support columns and the decorative arch.
8. The reinforced earthen structure that supports the service road and utilities on the east side of the canyon shall incorporate the following design features to the satisfaction of the City Planner or designee and the City's architectural consultant: ••(Ping.) __ A. The surface of the structure shall be constructed using integral earth-tone color concrete (such as green or beige) and have a rough surface.
B. The slope at the base of the structure shall be planted with native trees and other native plants to screen the structure.
9. Signage and Signage Monuments are not part of this review. Any signage for this proposed development shall require the owner or designee to submit for review and obtain approval of an Amended Sign Exception Permit. •• (Ping.) __ Resolution No. 04-61 Page9
ISSUANCE OF PERMITS
10. Prior to issuance of any permit, the owner or designec shall demonstrate to the satisfaction of the City Engineer or designee that all existing survey monuments are located in the field in compliance with AB 1414 for restoration by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (Eng.)__ __
11. Prior to issuance of any pennits, the owner or designee shall submit written consent to all of these imposed conditions to the Community Development Director or designee. The owner or designee understands that the resolution will be of no force or effect unless such written consent is submitted to the City. (Ping.) ___ _
12. Prior to issuance of grading permits, the owner or designee shall submit for review and shall obtain approval by the City Engineer or designee, plans for the regulation and control of pollutant run-off by using Best Management Practices (BMPs). The owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the National Pollutant Discharge Elimination System (NPDES), Federal, State, San Diego Regional Water Quality Control Board, County and City guidelines and regulations, in order to control pollutant run-off and shall provide evidence satisfactory to the City Engineer or his designee that the required NPDES permits has been obtained. (Eng.) __ _
13. Prior to issuance of grading permits, the owner or designee shall submit for review a project binder containing the following documents: (Eng.) __ A. Notice of Intent filed with the California State Water Resources Control Board (NPDES Permit).
B. Water Quality Management Plan containing Operational Best Management Practices (BMPs ).
C. Copy of project Storm Water Pollution Prevention Plan (SWPPP).
D. Evidence of Compliance with the approved Regional Runoff Management Plan (ROMP).
14. Prior to issuance of any permit, the owner or designec shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the Orange County National Pollutant Discharge Elimination System (NPDES) Storm Drain Program, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. If final guidelines are not in place, the owner or designee shall submit for review, and shall obtain the approval of the City Engineer or designee for, plans for the regulation and control of pollutant run-off by using Best Management Practices (BMP's). (Eng.) __
Resolution No. O 4-6 1 Page 10
15. Prior to issuance of any grading permits, the City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. (Eng.)_
16. Prior to issuance of any grading permits, the limits of grading shown on the Tentative Map must be verified by the Geotechnical Engineer. The owner or designee shall not be allowed to go beyond the limits as shown on the Tentative Map, unless approved by the Director of Community Development. (Eng.) __ (Plng.)_ __
17. Prior to issuance of any grading permits unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a 4(d) Section 7 or Section 10 permit has been obtained prior to commencing activities that would impact the gnatcatcher. •• (Plng.) __
18. Prior to issuance of any grading permit unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a Section 404 Permit and California Department of Fish and Game (CDFG) Streambed Alteration Agreement have been obtained prior to impacting wetlands and other waters of the U.S. hnpacts to applicable wetland habitats shall be mitigated in a manner acceptable to the United States Army Corps of Engineers and CDFG. ••(MM 4.12-1 a) (Plng.) __
19. Prior to issuance of grading permits unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that, at a minimum, plans and appropriate permits for the following on-site mitigation measures for impacts to biological resources have been approved:
A. Preservation of 6.90 acres of existing wetlands, and restoration and enhancement of an additional 4.6 acres of wetland habitat, located within the Marblehead Canyons (Lots C, G, Land S), as well the three detention basins (Lots K, T, XX).
B. Preservation of 10.4 acres of existing sage scrub habitat, and restoration and enhancement of 70 acres of sage scrub habitat, within the Canyons and open space adjacent to the preserved and restored wetlands.
C. Completion of the implementation of the measures required under the dudleya reserve translocation and management plan approved by the California Coastal Commission under CDP 5-97-136 in 1997, and CDP 5-03-013.
D. Provision for buffers around wetlands in canyon bottoms.
E. Funding under the Habitat Management Plan adequate to provide for long-term monitoring and management of preserved and restored biological resources. ••(MM 4.12-l.b) (Ping.) __
Resolution No. 04-61 Page 11
20. Prior to issuance of rough grading permits, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a monitoring biologist, acceptable to the United States Fish and Wildlife Service/California Department of Fish and Game, has been retained and shall be on site during any clearing of coastal sage scrub. •• (Plng.L_
21. Prior to issuance of any grading pennits, the owner or des1gnee shall submit for review and obtain the approval of the City Building Official or designee for an acoustical analysis report prepared by a County-approved acoustical consultant. The report shall describe, in detail, the exterior noise environment and preliminary requirements.
Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy the following conditions:
A. Prior to issuance of any grading permits, the owner or designee shall provide evidence acceptable to the City Engineer, unless otherwise approved by the City Engineer or designee, that:
1) All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with operating and maintained mufflers.
2) No internal combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence from 7:30 a.m. to 5:30 p.m. unless the equipment is surrounded by a noise protection barrier acceptable to the City Engineer or designee.
3) All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).
4) Stockpiling and/or vehicle-storage areas shall be located as far as practicable and out of view from dwellings to the extent feasible. 5) The City of San Clemente Noise Ordinance, limiting the hours of construction and construction equipment maintenance to between 7:00 a.m. and 6:00 p.m. and to the days of Monday through Friday, excluding City holidays, shall be enforced.
B. Prior to issuance of precise grading permits and building pennits for the hotel, the owner or designee shall submit for review, and obtain the approval of the City Building Official or designee for, a final sound attenuation plan. All hotel guest rooms shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an indoor standard of 45 dB CNEL in all habitable rooms. Evidence prepared by a County-approved acoustical consultant shall indicate that these standards will be Resolution No. O 4-61 Page 12
satisfied in a manner consistent with applicable City Ordinances or shall indicate other appropriate mitigation measures.
•(MM 4.3-1.a, 4.3-1.c, 4.3-1.d) (Eng.)_ (Bldg.) __ _
22. Prior to issuance of rough grading permits, rough grading plans shall be submitted to and approved by the City Engineer or designee. Said plans shall include provisions for:
(Eng.) __ _
A. Stockpiling of topsoil for placement on finished slopes.
B. Erosion and siltation control.
C. Dust control.
D. Planting of vegetation on all exposed slopes as required by the Grading Ordinance.
E. Temporary sedimentation basins and sandbagging if necessary.
23. Prior to issuance of rough grading permits, a fossil preservation plan shall be approved by the City Planner. A qualified paleontologist (able to meet the criteria of, and be experienced in scientific methods acceptable to, the section of Vertebrate Paleontology of the Natural History Museum of Los Angeles County) identified in the pJan shall attend any pre-grade meetings and monitor grading operations. lf fossils are discovered, the paleontologist shall be empowered to divert or redirect grading in the vicinity of the remains in order to evaluate and salvage exposed prehistoric fossils. The plan shall provide for the following: ••(MM 4.7-1, 2.e) __ (Eng.) __ A. Sufficient time allowed for adequate evaluation and recovery operations to be completed. (MM 4.7-1, 2.a, 2.b)
B. Marine and non-marine terrace sediments and sand lenses in the Capistrano Formation to be screened routinely for micro-vertebrate and invertebrate remains. (MM 4.7-2.c)
C. All fossils collected to be catalogued, analyzed, and prepared to the point of identification, with the remains to be placed in the Orange County designated repository and/or a permanent systematics institution with a research and/or educational interest in fossils. (MM 4.7-2.d)
24. This project shall be subject to all provisions of the Archaeology Plan prepared by Gavin H Archer, RRPA, dated November 2002, as amended by the Archaeological Monitoring Treatment Plan dated February 20, 2003 and as further modified by the Coastal Commission by Condition No. 26 of Coastal Development Permit No. 5-03-013. •• (Plng.) __ _
Resolution No. o 4-61 Page 13
25. Prior to issuance of precise grading permits, the owner or designee shall submit for review, and obtain the approval of the City Engineer or designee, a precise grading plan as required by the City Grading Manual and Ordinance. (Eng.) ___ _
26. Prior to issuance of precise grading and building permits, lhe owner or designee shall submit a detailed landscape and irrigation plan in compliance with all pertinent requirements including, but not limited to, the City's Landscape Guidelines, apphcable Specific Plans, and guidelines contained in the City's Master Landscape Plan of Scenic Corridors except as modified by the Coastal Development Permit 5-03-013. A site-specific soils report, prepared by an authorized professional, regarding the tests and analyses of the agricultural suitability of the soil and recommendations shall be submitted for review for selected areas. (BP&R) __ _
The following standards shall apply for landscaping design, unless otherwise approved by the City or as modified by Coastal Development Permit 5-03-013:
• (Plng.L ____ (Eng.) (BPR) __ _
A. Minimum parkway tree size shall be 15-gallon for canopy trees and ten-foot ( 10') brown trunk height (BTH) for palms.
B. Trees shall be planted and staked at thirty-foot intervals in commercial parkway areas. Trees shall be located in a manner to avoid blocking public and private views to the fullest extent feasible.
C. Landscape materials within the private commercial lots shall be installed in substantial conformance with the approved site plans, landscape concept plans, construction drawings and professional practices.
D. Landscaping shall not conflict with vehicular sight distance and shall comply with Orange County EMA Standard 1117.
E. All parkway trees shall maintain the following distances from improvements:
1) 10' O" from water, sewer and storm drain lines;
2) 5' O" from hardscape (curbs, sidewalks, street lights, utility boxes, fire hydrants, post indicator valve, fire detector checks, etc.), unless an approved species is planted in a tree well with 24" deep, continuous circle, root control barriers that are securely fastened at the joint with ribs inward; 3) 5' O" from drive approaches; and
4) 25' O" from curb return at street intersections.
Resolution No. O 4-61 Page 14
F. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system.
When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available.
27. Prior to issuance of precise grading and building pennits for Buildings 14, 17, 19, 22 or 24, as shown on the site plan approved by City Council, the owner or designee shall submit landscape plans for the Caltrans right-of-way between Interstate 5 and the commercial pads. The landscape plans shall provide a combination of trees, shrubs and groundcovers which enhance the building facades in a manner acceptable to the City Planner or designee. •• (Plng.) __ _
28. Prior to issuance of precise grading plans and building permits for Buildings 14, 17, 19, 22 or 24, as shown on the site plan approved by City Council, the owner or designee shall submit landscape plans for the Open Space Lots "SSS" and "1Tf'' (the slope on the south side of the commercial site) to be approved by the Community Development Director or designee. The grading plans and landscape plans shall include the following design features: ••(Ping.) __ _
A. Non combustible screen wall shall be natural finish and designed to blend into the natural environment to the fullest extent feasible.
B. Slope landfonn grading shall incorporate landform grading techniques such as variable slope ratios to create a more natural appearance.
C. The coastal sage scrub restoration within the Habitat Management Plan area shall incorporate plant materials with a variety of textures, colors and mature heights in a manner to create a gradation in height toward the commercial site to the extent consistent with the Habitat Management Plan and as approved by OCFA.
29. Prior to the issuance of grading and building pennits, the owner or designee shall be responsible for updating the City's mylar Precise Zoning Map by integrating the recorded map into the appropriate sheet(s) of the Zoning Map in a manner satisfactory to the City Planner or designee. (Ping.). __
30. Prior to issuance of building pennits, the owner or designee shall pay all applicable development fees in effect at the time, which may include, but are not limited to, RCFPP, public safety plan check, transportation corridor fees, etc. (MM 4.L-1) (Eng.) (Bldg.) __
Resolution No. o 4-6 1 Page 15
31. Prior to issuance of any building permits, the owner or designee shall include within the first four pages of the working drawings a list of all Conditions of Approval imposed by the final approval for the project applicable to the particular phase of development. (Bldg.)_ __
32. Prior to issuance of any grading permits and following lhe completion of initial grading/earth movement activities, the owner or designee shall demonstrate to the satisfaction' of the City Planner or designee that all areas of coastal sage scrub habitat to be avoided by construction equipment and personnel are marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking or storage of equipment or materials, or other such construction activities, shall be permitted within such marked areas. In addition, during construction activities, coastal sage scrub areas identified for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves, as recommended by the monitoring biologist. ••(MM 4.12-2.c, 2.d) (Plng.)_ __
33. Prior to issuance of building permits, the owner or designec shall submit a copy of the City Engineer approved soils and geologic report, prepared by a Registered Geologist and Geotechnical Engineer, which conforms to City standards and all other applicable codes, ordinances, statutes and regulations. The soils report shall accompany the building plans, engineering calculations, and reports. (Bldg.) __
34. Prior to issuance of building permits, or as otherwise authonzed by the City Engineer or designee, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that all underground public utilities necessary to allow construction to proceed for the Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program have been completed in accordance with the approved plans, and that the as-built progress plans for said improvements, prepared by a Registered Civil Engineer, have been submitted and approved by the City Engineer or designee. (Eng.) __
35. Prior to issuance of commercial building permits, the owner or designee shall submit for review, and shall obtain the approval of the City Building Official or designee for, plans indicating all/any exterior fire-resistive features into the structures with exposed side facing to fuel modification zone and/or very high fire hazard severity zone that are required by building and fire codes. (Bldg) __ _
36. Prior to issuance of any building permits, the owner or designee shall submit for review, and shall obtain the approval of the City Planner or designee for, landscape plans which indicate that all ground-mounted utility structures and equipment, including, but not limited to, standpipes, backflow prevention/double detector check equipment, shall be located out of view, from a public street and/or adequately screened through the use of walls and/or landscaping, to the fullest extent feasible. (Plng.) __ _ Resolution No. o 4-61 Page 16
37. Prior to the issuance of precise grading plans or building perm1ts for any parking lots or parking structure, the owner or designee shall submit a parkmg lot construction phasing plan. Any parking areas disturbed but not developed as parking lot or parking structure shall be hydroseeded or treated in compliance with the City's erosion control standards to the satisfaction of the City Planner or designee. ••(Ping.) __
38. Prior to the issuance of building permits for the theater (Building 22), as shown on the site plan approved by City Council, the owner or designee shall submit and obtain the approval of architectural construction documents indicating that the theater floor is relatively flat and the building is designed in a manner to a11ow for potential future adaptive uses other than a theater. ••(Ping.) __
39. Prior to issuance of building permits for Buildings 12 and 13 within the hotel development area, as shown on the site plan approved by City Council, the owner or designee shall submit and obtain the approval for building pe1mits for the construction of the hotel and conference center (Buildings 14 and 15). If the hotel and conference center are not developed, then the owner shalJ submit an application for an Amended Site Plan Permit for the hotel development area including the possible redesign, modification or elimination of Buildings 12, 13, 14 and 15, as well as the parking lots and related improvements that serve those buildings. The intent of this condition is to ensure that the hotel portion of the site is developed in a comprehensive manner. •• (Plng.) __ _
40. Prior to issuance of precise grading permits and building pemlits for the hotel, the owner or designee shall submit for review, and obtain the approval of the City Building Official or designee for, a final sound attenuation plan. All hotel guest rooms shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an indoor standard of 45 dB CNEL in an habitable rooms. Evidence prepared by a County-approved acoustical consultant shall indicate that these standards will be satisfied in a manner consistent with applicable City Ordinances. The report shall describe, in detail, the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report. •(Bldg.)__
41. Prior to the issuance of building permits for commercial buildings, the owner or designee shall submit plans for review and approval by_the City's architectural consultant. Staff shall review the buildings for compliance with the Amended Site Plan Permit and Design Review Subcommittee Meeting Minutes. This review is in addition to other standard submittal and review requirements. •• (Ping.) __ _
42. Prior to the issuance of building permits for Buildings 9, 12, 16, 17, 18, 19 and 20, as shown on the site plan approved by City Council, the owner or designee shall subm1t for review by the City's architectural consultant, the City Planner or designee and the Design Review Subcommittee, architectural elevations for the following elevations: Building 16 North and South elevations; Buildings 17 and 19 West elevations; Building 18 North and Resolution No. o 4-61 Page 17
East elevations; Building 20 North, East and South elevations; Restaurant Buildings 9 and 12. ••(Ping.)_ __
43. Prior to issuance of building permits, the owner or designcc sha11 submit for review and obtain the approval of the City Planner or designee for plans indicating the following (unless otherwise approved by the City's architectural consultant):
••(Ping.) __ _
A. Two-piece clay tile roofing shall be used with booster tiles on the edges and ridges and random mortar packing. The mortar shall be packed on 100 percent of the tiles in the first two rows of tiles and along any rake and ridgeline, and shall be packed on -20 percent of the tiles on the remaining field. Mortar packing sha11 serve as bird stops at the roof edges. The thickness of pack shaJI be determined by the City Planner or designee.
B. Variations in tile color and size between individual building segments is encouraged. Tile roofing for the theater (Building 22) should be larger than other buildings to correspond with the bigger scale of the theater.
C. Roof slopes shall vary from 3.5: 12 to 5.5:12 wilh an average of 4:12.
D. Stucco walls with a 'steel, hand troweled' (no machine application), smooth Mission finish and slight undulations (applied during brown coat) and bull-nosed corners and edges, including archways (applied during lathe), with no control/expansion joints.
44. Prior to issuance of any commercial building permits, the owner or designee shall submit for review and obtain approval of the Director of Community Development or designee plans indicating that the height of any roof mounted equipment shall not exceed the height of the parapet wall intended to screen the equipment. Shed roofs (non-full roofs) shall be a minimum width of 16-feet. The non-tile portions of the roof and the roofmounted equipment shall be painted in such a manner as to cause the equipment to blend with the roof when viewed from surrounding areas. Additional screening devices may be required in conjunction with tenant improvements if deemed necessary by the Director of Community Development. •(Ping.) __ _
45. Building permits shall not be issued unless the project complies with all applicable codes, ordinances, and statutes including, but not limited to, the Zoning Ordinance, the Uniform Fire Code, Security Ordinance, Transportation Demand Ordinance, Water Quality Ordinance, Title 24 of the California Administrative Code, and the Uniform Codes as adopted by the City. (Bldg.) __
A. The type of construction and allowable building floor area of each building shall comply with 2001 California Building Code Section 504 and table 5-B. Prior to Resolution No. O 4-61 Page 18
issuance of building pennits, a licensed architect shall submit building area calculations to show that all proposed construction is within allowable building area code limitations for the proposed construction type.
B. Fire-resistance of exterior walls and openings must comply with 2001 Californai Building Code Section 503.3 and Table 5-A based on distances to actual and artificial property lines between buildings.
C. Provide handicapped accessible path of travel from the bus drop off areas to building entrances per 2001 California Building Code Section l 131B.4.
D. Provide accessible path of travel between all groups of buildings. Indicate path of travel to Buildings 6, 7 and 8 from other areas per 2001 California Building Code Section 1127B.l.
E. The number and size of handicapped parking spaces must comply with 2001 California Building Code Section l 129B and l lB-6.
F. Incorporate all/any exterior fire resistive features into the structures with exposed side facing to fuel modification zone and/or very high fire hazard severity zone that are required by building and fire codes.
46. Prior to issuance of building permits, the owner or designee shall submit a copy of the City Engineer approved soils and geologic report, prepared by a registered geologist and/or soil engineer, which conforms to City standards and all other applicable codes, ordinances, statutes and regulations. The soils report shall accompany the building plans, engineering calculations, and reports. (Bldg.) __
47. Prior to the Building Division's approval to pour foundations, the owner or designee shall submit evidence to the satisfaction of the City Building Official or designee that a registered civil engineer that is licensed to do surveying or land surveyor has certified that the forms for the building foundations confonn to the front, side and rear setbacks are in confonnance to the approved plans. (Bldg.) __
48. Prior to issuance of building permits, the owner or designee shall submit for review, and shall obtain the approval of the City Planner or their designee for all street names and addresses associated with the project. (Ping.) __ _
49. Prior to the Building Division's approval of the framing inspection, the owner or designee shall submit evidence to the satisfaction of the City Building Official or designee that a registered civil engineer that is licensed to do surveying or land surveyor has certified that the height of all structures are in conformance to the approved plans. (Bldg.) __
50. Prior to issuance of building permits, or as otherwise authorized by the City Engineer or designee, the owner or designee shall demonstrate to the satisfaction of the. City Engineer Resolution No. O 4-61 Page 19
or designee that all water, sewer and/or stonn drain facility improvements necessary to serve the development have been completed in accordance with the approved plans, and that the "as-built" plans, prepared by a registered civil engineer, have been submitted and approved by the City Engineer or designee. (Eng.)_ __
51. Prior to the issuance of a building permit, the applicant shall submit evidence of the onsite fire hydrant system to the Fire Chief and indicate whether it is public or private. If the system is private, it shall be reviewed and approved by the Fire Chief prior to building pennit issuance, and the applicant shall make provisions for the repair and maintenance of the system in a manner meeting the approval of the Fire Chief. Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guidelines for Private Fire Hydrant &/or Sprinkler Underground Piping." (Fire) __
52. Prior to the recordation of a subdivision map or the issuance of any grading or building permits, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" fonn shall be signed by the applicable water district and submitted to the Fire Chief for approval. If sufficient water to meet fire flow requirements is not available an automatic fire extinguishing system may be required in each structure affected. (Fire) __ _
53. Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in any structure to the Fire Chief for review and approval. Please contact the OCFA at (714) 744-0499 for additional information. (Fire) __
54. Prior to the issuance of any grading or building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to all portions of the exterior of every structure on site. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access. (Fire) __
55. Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Chief and City Staff of plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line.
When a dead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Chief.
Applicable CC&R's or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Chief is granted. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." (Fire) __ _
56. Prior to the issuance of any grading or building permits, the applicant shall submit plans and obtain approval from the Fire Chief for fire lanes on required fire access roads less Resolution No. o 4-61 Page 20
than 36 feet in width. 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 its contrasting background. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelmes for Emergency Access Roadways and Fire Lane Requirements. (Fire)_ __
57. Prior to the issuance of a precise grading permit, the applicant shall obtain approval from the Fire Chief in consultation with the City Staff for a precise fuel modification plan and program. The plan shall indicate the proposed means of modifying vegetation to reduce the risk to structures. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Fuel Modification Plans and Maintenance." (Fire)_ __
58. Prior to the issuance of a building permit, the developer, under the supervision of the Fire Chief, shall have completed the portion of the approved fuel modification plan determined to be necessary before the introduction of any combustible materials into the project area. Approval shall be subject to an on-site inspection. (Fire)__ __
59. Prior to the issuance of any grading permits, the applicant shall obtain the approval from the Fire Chief for the construction of any gate across required fire department access roads. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guidelines for Design and Installation of Emergency Access Gates and Barriers." (Fire)_ __
60. Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire-fighting purposes and allweather fire protection access roads shall be in place and operational before any combustible material is placed on site. Building pennits will not be issued without OCFA approval obtained as a result of an on-site impection. Please contact the OCFA at (714) 744-0499 to obtain a copy of the standard combustible construction letter. (Fire)_ __
61. 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) 744-0499 for a copy of the Site/Architectural Notes to be placed on the plans prior to submittal. (Fire) __
ISSUANCE OF CERTIFICATES OF OCCUPANCY
62. Prior to the issuance Certificates of Occupancy, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that all exterior lighting is designed, arranged, directed or shielded per the approved plans, and in such a manner as to contain direct illumination on site, thereby preventing excess iJlumination onto adjoining site(s) and/or street(s). (Ping.)_ __
Resolution No. 04-61 Page 21
63. Prior to issuance of certificates of occupancy, the owner or designee shall submit evidence that the Covenants, Conditions and Restrictions (CC&R's) and lease agreements for the commercial development include a statement that: •• (Ping.) __ A. Delivery trucks shall be required to comply with the truck routing plan.
B. A parking management plan shall be included with each tenant lease agreement which requires that employees do not park in the parking lots adjacent to Buildings 9 through 15.
These statements shall be in addition to the CC&R requirements identified as Condition No. 17 for AM TIM 8817 as adopted by Resolution No 03-075.
64. Prior to issuance of certificates of occupancy, the owner or des1gnee shall demonstrate to the satisfaction of the City Building Official or designee that the project has been constructed in conformance with the approved sets of plans and all applicable, codes, ordinances, and standards. (Bldg.)_ __
65. Prior to issuance of Certificates of Occupancy and/or acceptance of improvements by the City Engineer or designee, the owner or designee shall submit "as-built" plans prepared by a registered civil engineer for all applicable streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (Eng.)_ __
66. Prior to issuance of Certificates of Occupancy, the owner or designee shall install, if applicable, all underground traffic signal conduit, including, but not limited to, signal, phone, power and loop detector; and other appurtenances, including, but not limited to, pull boxes; needed for future traffic signal construction at the intersections listed above, and as needed for future interconnection with adjacent intersections per the City Engineer or designee's direction, in accordance with the submitted and approved street improvement plans. Estimated costs for this work shall be deducted from any cash-inlieu payments (financial security) required for corresponding signals as a condition of approval of AM TIM 8817.
(Eng.) __ _
67. Prior to issuance of certificates of occupancy, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that the following have been installed per the approved improvement plans (if applicable): public and/or private street name signs, regulatory and informational signs constructed of high intensity sheeting and .080 aluminum, traffic pavement markings controlling arterial, collector and residential street intersections, centerline and Jane line striping, and curb painting. (Eng.) ___ ,
68. Prior to issuance of certificates of occupancy, the owner or designee shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager or their designees ResolutionNo. 04 _ 61 Page 22
that all street improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction have been repaired/replaced. (Eng.) (Maint.) __
69. Prior to issuance of certificates of occupancy and acceptance of improvements by the City Engineer, or designee, for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program unless an exception is granted by the City Engineer, the owner or designee shall submit as built plans prepared by a Registered Civil Engineer, depicting all underground public utilities compJeted to the satisfaction of the City Engineer for that Development Phase. (Eng.) __
70. Prior to issuance of certificates of occupancy, the owner or designee shall demonstrate to the satisfaction of the Beaches, Parks and Recreation Director or designee that parkway trees have been planted and staked according to the submitted and approved landscape plans. (B,P&R) __
71. Prior to issuance of certificates of occupancy for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program, the owner or designee shall submit a letter, signed by a Registered Landscape Architect, to the Community Development Director or designee, stating that all materials for all landscaped areas and irrigation have. been installed in accordance with the approved plans, and shall demonstrate to the satisfaction of the Community Development Director or designee, in consultation with the Beaches, Parks and Recreation Director or designee, that all landscaped areas and 1mgation, including but not limited to median/parkway/slope landscaping and irrigation, have been installed in accordance with the approved landscape plans. This requirement excludes the area covered by the Habitat Management Plan. (Plng.) (BP&R) __
72. Prior to issuance of the first certificate of occupancy for Buildings 2 through 5 or the parking structure, the owner or designee shall submit a letter, signed by a Registered Landscape Architect stating that all landscape materials and inigation including, but not limited to potted plants on the parking structure, landscape plantings at the perimeter of the parking structure and vines on trellis structures have been installed in accordance with the approved plans and standard professional practice.•• (Ping.). __
73. Prior to the issuance of any certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Chief, and must be maintained in good condition by the property owner.
Please contact the OCFA at (714) 744-0499 or visit the OCFA website for a copy of the "Guideline for Installation of Blue Dot Hydrant Markers." (Fire) __ _
74. Prior to the issuance of a certificate of use and occupancy, the fire alarm and sprinkler system shall be operational in a manner meeting the approval of the Fire Chief. (Fire)_ __
Reso]ution No. O 4-6 1 Page 23
75. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents shall contain a fire lane map, provisions prohibiting parking in the fire lanes, and an enforcement method. (Fire)_ __
76. Prior 'to the issuance of any certificate of use and occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Chief with an approved plant pallet consistent with the approved Fuel Management Plan. The CC&R's or other approved documents shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation. The fuel modification zones shall be subject to triennial inspections.
(Fire)_ __
RELEASE OF FINANCIAL SECURITY
77. Prior to release of financial security, the owner or designee shall demonstrate to the satisfaction of the City Engineer and the City Planner that the appropriate Association has been formed and that the CC&R's have been reviewed by the City Attorney, approved by same and recorded. (Ping.)_ __ (Eng.) __
78. Prior to release of financial security, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that all survey monuments damaged or destroyed are restored. "Comer Records" shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor's Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (Eng.) __
79. Prior to release of financial security, the owner or designee shall submit (if applicable) as-built plans prepared by a Registered Civil Engineer, depicting all street, traffic signal, sewer, water, and storm drain improvements and street signage and signage placements, traffic markings and painted curbing and all required improvements shall be completed to the satisfaction of the City Engineer, or designee: (Eng.) __
80. Prior to release of financial security, the owner or designee shall submit for review, and shall obtain the approval of the City Engineer or designee for, a videotape, filmed in the presence of a City Staff representative, of all sewer and drainage improvements (if applicable). The videotape shall become the property of the City. (Eng.) __
81. Prior to release of financial security, the owner or designee shall submit (if applicable) the following items, certified by a Registered Civil Engineer, to the Engineering Division:(Eng.) __ A. All construction improvement plans in digitized format (DXF file format).
Resolution No. O 4- 61 Page 24
82. 83.
84. 85.
*
•
••
B. Original mylars of all improvement plans corrected and certified by the engineer of record to be "As Built".
C. Duplicate mylars of the recorded Final Map.
D. Original mylars of all improvements and utilities at a scale of l "=40', or at an appropriate scale to be determined by the City Engineer or designee Prior to release of financial securities, the owner or designec shall submit to the City on 8 l/i'' x 11" sheet Centerline and Intersections Monument Ties signed and wet stamped by a Registered Engineer or Surveyor (Eng.)_ __
Prior to release of financial securities, the owner or designec shall provide a warranty bond in an amount of 25% of the faithful performance bond for each improvement accepted by the City. This warranty bond shall remain in place for one year from the date of acceptance of the improvement. (Eng.) __
Prior to the release of financial security, all water and sewer systems, e.g. pump stations, generators, reservoirs, PRV's, etc. shall be fully tested, in the presence of a City Staff, to verify system performance in accordance with design specifications. (Eng.) __ Prior to release of financial security, if any of the areas within the development were in a flood zone, the owner or designee shall file and obtain approval of a letter of map revision from FEMA to revise the FEMA flood zone map. (Eng)_ __ All Conditions of Approval are Standard, unless indicated as follows:
Denotes modified Standard Condition of Approval
Denotes project-specific Condition of Approval
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