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· RESOLUTION NO. 99-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, APPROVING SITE
PLAN PERMIT 99-16/CONDITIONAL USE PERMIT 99-17/
SIGN EXCEPTION PERMIT 99-18, MARBLEHEAD
COASTAL PROMENADE, TO ALLOW CONSTRUCTION
OF A REGIONAL COMMERCIAL SHOPPING CENTER
AT INTERSTATE 5 AND AVENIDA PICO
WHEREAS, on February 8, 1999, an application was submitted, and on June 2, 1999, completed, by Jim Johnson, MT No. 1, LLC, 16592 Hale Avenue, Irvine, CA 92606, and SDC Partners/Craig Realty Group for approval of a Regional Commercial site plan and related entitlements. The approximately 700,140 square foot commercial development consists of 443,860 square feet of specialty retail (factory outlet/food court), 176,232 square feet of entertainment (theater/retail/restaurants), and 80,048 square feet of general retail (retail/restaurants) with associated site improvements on a 60.41 net acre site located west of the Interstate 5 freeway north of Avenida Pico; and
WHEREAS, on March 4, 1999, and April 8, 1999, the City's Development Management Team reviewed the subject project for consistency with General Plan policies, the Marblehead Coastal Specific Plan (MCSP) and other City ordinances, codes and standards; and
WHEREAS, the Planning Division completed an initial study of the project in accordance with the California Environmental Quality Act (CEQA) Guidelines. Final Environmental Impact Report (FEIR) 95-02 (SCH# 95091037) was certified on August 5, 1998, by City Council Resolution No. 98-40. FEIR 95-02 adequately addressed all potential impacts of the currently proposed project. There is no new evidence of potentially significant impacts due to changes in the circumstances under which the project is being undertaken or due to any new information. Therefore, staffs determination is that the previously certified EIR is valid for the current request, and that no additional environmental documentation is required; and
WHEREAS, on April 15, 1999, April 29, 1999, and May 13, 1999, the Design Review Sub-Committee reviewed the proposed project and provided comments to the applicant; and
WHEREAS, on May 18, 1999, and June 15, 1999, the Planning Commission held a duly noticed public hearing on the subject applications, considered evidence presented by City staff, the applicant, and other interested parties, and recommended approval; and WHEREAS, on July 7, 1999, the City Council held a duly noticed public hearing on the subject applications, and considered evidence presented by City staff, the applicant, and other interested parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE HEREBY RESOLVES AS FOLLOWS:
Attachment 6
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Resolution No. 99-68 Page 2
SECTION 1: FEIR 95-02 adequately addressed all potential impacts of the currently proposed project. There is no new evidence of potentially significant impacts due to changes in the circumstances under which the project is being undertaken or due to any new information. Therefore, the City Council hereby finds that the previously certified EIR is valid for the current request, and that no additional environmental documentation is required.
SECTION 2: The proposed commercial development is permitted within the Regional Commercial (RCl) zone pursuant to the approval of a Site Plan Permit and, as conditioned, complies with all of the applicable provisions of the MCSP, 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:
A. The project complies with all applicable development standards of the MCSP RCI zone.
B. . The project complies with the General Plan's goals and objectives to establish the Marblehead Coastal site as a regionally identifiable community that provides for regional and visitor serving commercial uses and provides new employment opportunities.
C. The project complies with the RCl zone's purpose to provide retail and service uses to serve the region.
SECTION 3:
that is proposed in that:
The site is suitable for the type and intensity of development A. The project complies with the maximum floor area ratio allowed in the RCI zone.
B. The proposed 700,140 square foot regional commercial center, including the entertainment, factory outlet, and retail components, provides for the amount and mix of uses necessary to assure the economic feasibility of the proposed regional commercial center.
SECTION 4: The proposed 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:
A. The project's site design provides for adequate on-site circulation patterns.
B. The project will be required to construct, or reimburse the City for the project's "fair share" of, public infrastructure improvements to serve the development.
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SECTION 5: The proposed commercial development, ·as conditioned, will not be unsightly or create disharmony with its locale and surroundings, and will not negatively impact surrounding land uses in that:
A.
B.
The design of the project, including the architectural style, berm and landscaping, will help mitigate visual impacts on the surrounding area.
The proposed Spanish Colonial Revival architectural theme is compatible with other existing commercial development in the City and with the City's image as the Spanish Village-by-the-Sea.
C. Deliveries are conditioned to occur no earlier than 7:00 a.m. and no later than 10:00 p.m. daily.
SECTION 6: The proposed commercial development will mimm1ze 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, in that:
A. The proposed site layout and architectural design of the buildings and parking spaces are consistent with the MCSP's permitted uses and development standards in the RC! zone.
B. The applicant's proposed mix and type of uses in the factory outlet center, and other proposed uses on the site, are consistent with the MCSP's matrix ofland uses.
SECTION 7: The architectural treatment of the commercial project, as conditioned, complies with the San Clemente General Plan, MCSP and the San Clemente Zoning Ordinance in areas including, but not limited to, height, setback, and color, etc., in that:
A. The project exceeds the applicable mm1mum setback standards m the MCSP.
B. The project, as conditioned, complies with the applicable height standards in the General Plan and the MCSP.
SECTION 8: The architectural treatment of the commercial project, as conditioned, complies with the architectural guidelines in the City's Design Guidelines and the MCSP Design Guidelines in that:
A. The project consists of Spanish Colonial Revival style architecture.
B. The project incorporates pedestrian-oriented amenities including pedestrian walkways through the parking areas; pedestrian plazas with outdoor Resolution No. 99-68 Page4
seating, landscaping and water features; and arcades, eave overhangs and trellises.
SECTION 9: The general appearance of the proposal is in keeping with the character of the neighborhood in that the proposed Spanish Colonial Revival architectural style is compatible with other existing commercial development in the City and with the City's image as the Spanish Village-by-the-Sea.
SECTION 10: The proposed uses specified in Condition No. l.D, (a) through (m), of the Conditions of Approval attached hereto as Exhibit "A," are permitted within the RCl zone pursuant to the approval of a CUP and comply with all the applicable provisions of the MCSP and Zoning Ordinance, the San Clemente General Plan, and the purpose and intent of the zone in which the uses are being proposed in that:
A. The proposed uses, as conditioned, comply with all applicable development standards of the MCSP RCl zone.
B. The proposed regional and visitor serving commercial uses comply with the General Plan's goals and objectives to establish the Marblehead Coastal site as a regionally identifiable community.
C. The proposed uses comply with the RC! zone's purpose to provide retail and service uses to serve the region.
D. The design of the commercial development provides adequate parking to support the proposed convenience store use.
E. The proposed day care center use is conditioned to comply with all applicable Zoning Ordinance standards and state laws regulating such uses, and is conditioned with locational criteria to minimize other uses' potential adverse impacts on the day care use.
F. The proposed alcohol-related uses are conditioned to comply with all applicable City standards and policies, including Responsible Beverage Service training and specified hours of operation, and state laws.
G. The proposed free-standing kiosks and vendor carts are:
1) Consistent with the MCSP's development standards that encourage:
a) Outdoor food stands, newspaper stands, flower stands, ice cream or other vendors, and push carts, either permanent or temporary; and
b) Building clusters and outdoor use areas connected by strong pedestrian-oriented linkages.
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H.
c) Required to comply with applicable Zoning Ordinance
standards for outdoor display that do not conflict with the purpose, intent and standards of the MCSP RCl zone.
The proposed outdoor dining associated with restaurants is located in a commercial center with more than 50 private parking spaces and is required to comply with all applicable standards of the Zoning Ordinance related to outdoor dining areas on private property in non-residential zones that do not conflict with the purpose, intent and standards of the MCSP RCl zone.
SECTION 11: The design, including scale, length, materials and lighting of the signs within the Master Sign Program, as conditioned, is consistent with the intent of the design elements of the General Plan, Design Guidelines and MCSP zone in which the signs are proposed in that the design and scale of the signs are consistent with the character and nature of the proposed regional commercial project.
SECTION 12: The design, scale and materials of the signs, as conditioned, harmonize with the architectural design and details of the buildings they serve in that the proposed signs are compatible with the architectural style and scale of the buildings.
SECTION 13: The design and scale of the non-freeway-oriented signs, as conditioned, are appropriate to the distance from which the signs are normally viewed in that the signs are adequately visible from the abutting streets and within the parking lot.
SECTION 14: The design and materials of the signs provide a contrast between the background and letters in that the Master Sign Program provides for contrasting copy on the light background of the buildings.
SECTION 15: The design, scale and location of the buildings dictate the use of some freestanding signs in that there are multiple tenants in a large commercial center set back a substantial distance from the abutting streets, thereby necessitating the use of small numbers of free-standing center identification and multi-tenant signs near the street.
SECTION 16: The provisions of the Master Sign Program ensure consistency in design and style of all new signs.
SECTION 17: The provisions of the Master Sign Program do not address compatibility of the design and style of any existing signs on the buildings or site because there are no existing buildings on the site.
SECTION 18: All new signs within the Master Sign Program as conditioned, except as approved through the Sign Exception Permit findings below, are in compliance with the applicable design standards of the Zoning Ordinance and MCSP in that individual signs meet the maximum height, square footage and location requirements of Chapter 17.84 ofthe San Clemente Zoning Ordinance and Section 502 ofthe MCSP. f
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SECTION 19: There are unique or unusual circumstances relating to the size of the site and individual businesses, the location and orientation of individual businesses, proximity to street frontage and length of street frontage that do not allow the business to achieve the goals and objectives of Chapter 17.84 of the San Clemente Zoning Ordinance for adequate business identification in that:
A. The 60. l acre size of the site allows for the development of 700,140 square feet of retail square footage, which is significantly greater than any other commercial center in San Clemente.
B.
c.
D.
The region-serving nature of the commercial center predetermines tenancy by national retail tenants, with prescribed signage requirements as a condition ofleasing that exceed the City's standards.
Most of the retail tenants are set back a substantial distance across a parking lot from the project's street frontage.
The limitation of sign area to 64 square feet for national retail tenants or tenants within a large regional commercial center would be more restrictive than for other signs at similar commercial uses in the area.
SECTION 20: The granting of a Sign Exception Permit, as conditioned, is not contrary to the intent of the General Plan, Design Guidelines and MCSP zone in which the signs are proposed in that adequate, but not excessive, signs are proposed for the regional commercial center.
SECTION 21: The granting of a Sign Exception Permit, as conditioned, is not considered a grant of special privileges inconsistent with the limitations of other similarly situated properties in that other national retail tenants or tenants within a large regional commercial center have signs larger than a 1: I ratio based on the business frontage.
SECTION 22: The granting of a Sign Exception Permit, as conditioned, does not adversely impact surrounding properties by increasing light, glare or noise in that the proposed signs on a parallel plane facing the existing Marblehead Inland residential community will be reverse pan channel letters, thereby reducing light by the creation of a "halo" effect around individual letters.
SECTION 23: The granting ofa Sign Exception Permit, as conditioned, does not create a traffic or safety hazard in that the signs along the freeway and the abutting streets are predominantly reverse pan channel letters ("halo lit") and will not produce excessive light or glare which could be distracting to motorists.
SECTION 24: The location of the site dictates the need for freeway-oriented signs to allow adequate business identification in that the subject property is located adjacent to the freeway between two freeway interchanges, and any signs along the rear of the commercial project are de facto freeway-oriented.
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SECTION 25: The design, scale, materials and location of the freewayoriented signs, as conditioned provide necessary business or center identification to motorists on the freeway without creating adverse visual impacts in that:
A~
B.
The signs will be reverse pan channel letters.
The freestanding signs will only be as high as necessary to allow visibility of the tenant sign area based on line of sight sections from the freeway to the sign structures.
C. The freestanding sign designs will be compatible with the architecture of the center, and enhanced by climbing vines.
SECTION 26: The design, scale and materials of the signs harmonize with the architectural design of the buildings they serve and are complimentary to the City's image as viewed from the freeway in that the sign structure designs utilize architectural elements integral with the buildings' style. 0
SECTION 27: The design and scale of the signs are appropriate to the distance from which the signs are normally viewed from the freeway in that the freestanding monument signs' design and scale are appropriately scaled for their locations adjacent to the freeway.
SECTION 28: The design, scale and location of the buildings dictate the use of some freestanding, freeway-oriented signs in addition to building-mounted signs in that the freestanding signs will provide center identification for numerous national tenants occupying the site with varying freeway proximity and visibility.
SECTION 29: The City Council of the City of San Clemente hereby approves Site Plan Permit 99-16/Conditional Use Permit 99-17/Sign Exception Permit 99- 18 to allow an approximately 700,140 square foot commercial development on the Marblehead Coastal property west of the Interstate 5 freeway north of Avenida Pico, subject to the above Findings, and the Conditions of Approval attached hereto as Exhibit A.
SECTION 30: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this 7th day of July, 1999.
Mayor ~~ of~~ San Clemente, California
Resolution No. 99-68
ATTEST:
LERK of the City of
lemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, MYRNA ERWAY, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 99-68 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 7th day of July, 1999, by the following vote:
AYES:
NOES:
ABSENT:
DAHL, DIEHL, EGGLESTON, RITSCHEL, MAYOR BERG
NONE
NONE
ERK of the City of
San Clemente, California
Approved as to form:
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EXHIBITA
CONDITIONS OF APPROVAL*
SPP 99-16/CUP 99-17/SEP 99-18, MARBLEHEAD COASTAL
GENERAL CONDITIONS
1. The owner or designee shall develop the approved project in conformance with all applicable submittals approved by the City Council on July 7, 1999, subject to modifications by these Conditions of Approval, including the following:
A. Visual Analyses.
B. Site plan; architectural elevations; colored architectural elevations; roof plans; conceptual landscape plans and corresponding photographic exhibits; landscape/hardscape percentage exhibit; grading plan; site sections; phasing plan; and sample and materials boards, subject to the following modifications:
1) The architectural elevations and site plan shall provide the following to the satisfaction of the Community Development Director or designee. (Ping.) --
a) Revised east elevation for Theater Buildings 8 and 9, including but not limited to the incorporation of elements such as traditional, decorative upper wall elements, buttresses and additional tiled roof areas and avoiding the repetition of the large recessed wall elements, to achieve an extraordinary design given the building's prominence and image-setting capacity.
b) Raised bulkheads at storefronts at the westerly portion of the Building 4 South Elevation and the easterly portion of the Building 2 South Elevation.
c) Traditional Spanish Colonial Revival styling for
contemporary building elements to minimize symmetrical and linear elements, including the areas flanking both sides of the central elements on the Building 4 East Elevation and
Building 3 East Elevation.
d) Traditional straight awnings with open ends, valances and decorative wrought iron supports.
e) Use of decorative ceramic tile surrounding limited numbers of storefronts where appropriate.
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Use of decorative ceramic tile on the risers and pavers on the treads of exterior stairways where they occur.
The two quatrefoil elements and two windows with balconettes on the upper level above the main entrance to the theater shall be true windows.
The circular tower at the southerly end of the Building 4 West Elevation shall be revised to include either a wrapped barrel tile edge or a full tile roof.
The inclusion of a public rest room at one of the pad building locations along the Avenida Vista Hermosa frontage.
Parking lot lighting that minimizes light and glare impacts by:
not exceeding 30 feet in height; being the minimum wattage necessary to meet security purposes; the capability to be baffled or shielded; and being designed to project light downward rather than outward or upward.
The southerly "bulb-out" of the "drop-off' adjacent to
Building 10 shall be eliminated to facilitate trucks backing into the loading bay at Building 11 to the satisfaction of the City Engineer or designee.
Four shuttle bus layover/parking spaces designed to
accommodate the size of charter buses.
The shuttle bus stop design shall be incorporated in the interior of the project at locations to be mutually determined by the Orange County Transportation Authority (OCTA) and the City, and shall maximize customer convenience to the extent possible. In the event OCT A determines bus stops are necessary along Avenida Vista Hermosa, the owner or
designee shall provide, unless previously provided, bus pullouts to the satisfaction of the OCTA and the City in right-ofway abutting the commercial project.
The Japanese pagoda trees in the parking lot are to be located in landscaped finger planters which include shrubs and
ground cover.
2) Buildings 12 through 22 inclusive shall incorporate larger areas of pitched roofs to the satisfaction of the City Planner or designee. (Ping.). __
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c.
3) Roof pitches for buildings may be in the range of 3: 12 to 4: 12, with 4)
tower element roofs no greater than 5:12. (Ping.) __
The landscape concept plans shall include to the satisfaction of the City Planner or designee:
a) Six mature specimen canopy trees at strategic locations at Buildings 14 through 22.
b) Additional potted plants in front of storefronts to soften glass window areas.
c) Potted plants, vine pockets and pedestrian-oriented amenities in the plaza between Buildings 12 and 13.
d) The owner or designee shall work with staff to include enhanced landscaping, including canopy trees and gardensetting landscaping. (Ping.) __ 5) All loading docks shall be screened from view for both on- and offsite views to the satisfaction of the City Planner or designee. (Ping.) __
6) The conceptual landscape plans shall show installation of landscaping and irrigation, with appropriate connections noted, per the Master Landscape Plan for Scenic Corridors within the A venida Pico median and parkway in all areas which are the responsibility of the owner or designee to provide. (BP&R) __
7) The phasing plan shall include all perimeter landscaping adjacent to the right-of-way along Avenida Vista Hermosa and Avenida Pico. A method shall also be provided to ensure acceptable aesthetic treatment of future phase construction areas, and building walls at phase transition areas, and may include fencing and landscaping. (Ping.) (Eng.) __
Per the Marblehead Coastal Specific Plan, the specialty retail/factory component (Buildings 1 through 6) tenant mix shall maintain a minimum of 7 5% of the building square footage as "factory outlet" stores that sell only a single brand of merchandise.
D. The following conditional uses are approved by CUP 99-17 subject to the specific conditions applicable to a given use contained elsewhere within these conditions of approval. Any proposed change in operation of a use that is not consistent with all of the conditions of CUP 99-17, including but ~ g
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not limited to hours of operation, shall require an amendment to CUP 99-17 before commencement of the change in operation.
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2)
3)
4)
a) Accessory Buildings
b)
c)
Indoor Amusement Centers/ArcadesNirtual Reality Centers Convenience Stores, with or without off-site sale of beer, wine or alcohol
d) Day Care Center
e) Kiosks and Vendor Carts (Outdoor food stands, newspaper stands, flower stands, ice cream or other vendors, pushcarts, permanent or temporary, in specialty retail, entertainment plaza and "point" plaza only, subject to approved kiosk plan) f) Pet Shops
g) Restaurants: with on-site sale of beer and wine
h) Restaurants: with on-site sale of hard alcohol
i) Restaurants: with dancing and/or entertainment
j) Restaurants: with outdoor seating
Deliveries shall only occur no earlier than 7:00 a.m. and no later than 10:00 p.m. daily.
Prior to issuance of permits for the construction of any accessory building or structure, the owner or designee shall submit for review and obtain the approval of the Community Development Director or designee for plans consistent with the architecture approved for SPP 99-16/CUP 99-17.
Indoor amusement, arcades, and virtual reality centers, either as a primary use or a use ancillary to another established use, shall comply with the minimum standards specified for amusement centers in the Special Use section of the Zoning Ordinance.
Prior to issuance of building or tenant improvement permits for a day care center, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that the boundary of the day care use is no closer than 150 feet from the exterior building wall or demising premise wall of any use engaged in the sale of beer, wine or alcohol for on- or off-site consumption (except for a bona fide restaurant at the discretion of the Community Development I
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5)
6)
7)
8)
9)
Director). The use shall also comply with all applicable standards in the Special Use section of the Zoning Ordinance for day care centers, all applicable state law requirements, and shall be licensed by the state prior to issuance of a Certificate of Occupancy.
For the purposes of this condition, "bona fide restaurant" is defined as an establishment that offers a menu with a variety of food items, prepared to order in a kitchen, that are available during the same hours of operation that alcohol is available for consumption.
The owner or designee shall obey all rules, regulations and conditions imposed upon CUP 99-17 through, but not limited to, the Alcoholic Beverage Commission (ABC) and relevant State laws.
Should the owner or designee not secure approval from the ABC for the outdoor consumption of alcoholic beverages, this shall not void the CUP with regard to the service and consumption of alcoholic beverages indoors. Revocation of, or sale of said ABC license to another person at another location, shall render the portion of this Use Permit related to the on- or off-site. sale and consumption of beer and wine/alcohol in conjunction with a particular use null and void. Prior to any sale of the ABC license, the owner or designee shall notify the Community Development Department of the sale.
The sale of beer and wine/alcohol for on-site consumption in conjunction with restaurants shall be limited to the hours of I 0:00 a.m. to 12:00 a.m.
The sale of beer and wine/alcohol for off-site consumption shall be limited to the hours of9:00 a.m. to 12:00 a.m.
Alcoholic beverages in any outdoor dining area shall be served only in conjunction with prepared food. No service or consumption of alcoholic beverages shall be allowed in any outdoor dining area after the hour of 10:00 p.m. at Buildings 14 through 22, and 12:00 a.m. at all other buildings.
Prior to commencement of alcoholic beverage service in an outdoor dining area, the owner or designee shall submit for review and obtain the approval of the Community Development Director and ABC or designees, and shall install, adequate physical barriers between the outdoor dining area and the general plaza area.
Adequate physical barriers may include landscape planters, boxes, or pots; decorative fencing materials; some combination of the two; or other installations as deemed appropriate by the Community Development Director or designee. Any fencing materials shall be consistent with the Spanish Colonial Revival architectural style of !
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the -project. Maintenance of any landscaping materials installed as part of this approval shall be the responsibility of the establishment's owner or designee for the life of the use.
10) The owner or designee of each establishment engaged in the sale of I beer and wine/alcohol for on- and/or off-site consumption shall be responsible for ensuring that all employees receive Responsible .
Alcoholic Beverage Service training. Evidence of such training shall _ be maintained on-site during business hours, and made available for inspection upon request.
11) In addition to any other remedy authorized by law, CUP 99-17 may be modified or revoked by the City pursuant to the San Clemente Municipal Code for a particular establishment engaged in the sale of beer and wine/alcohol for on- or off-site consumption or live entertainment if the establishment is operated in violation of any of the Conditions of Approval imposed herein, any element of the permit or if the operation of the establishment results in a public nuisance. Modification and/or revocation procedures may be initiated by the City including the San Clemente Police Department. 12)
13)
14)
Umbrellas, heaters and similar objects related to the outdoor dining/seating facilities must be located so that they do not endanger the safety of pedestrians or block access to businesses. Umbrellas and heaters must maintain a minimum vertical clearance of seven feet from the ground.
Any portable seating or other appurtenances in the outdoor dining/seating areas must be placed inside or in a secured location during non-business hours.
Prior to installation, the owner or designee shall submit for review and obtain the approval of the Community Development Director or designee for a kiosk and vendor cart location plan showing 1) maximum numbers of permanent structures and portable units allowed; 2) specific or general locations as applicable within the specialty retail, entertainment and "point" plaza areas; 3) provisions I for storage and security of portable units; and 4) architectural · elevations compatible with the architecture of the permanent • 0 buildings. (Ping.) __
Any deviation from the applicable submittals approved by the City Council 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 I
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2. designee shall be" required to apply for review and obtain the approval of the City Council. •(Ping.) __
This project shall be subject to all applicable conditions of approval for Tentative Tract Map 8817 and the mitigation measures adopted with EIR 95-01 and its Mitigation Monitoring Program. In the event building permits are issued by the City prior to approval of the first Final Map, then prior to issuance of those permits, the owner or designee shall comply with any applicable of TTM 8817 that pertain to the development of the commercial project, unless otherwise authorized by the City. (Ping.) __
3. Conditional Use Permit 99-17 shall remain in effect until such time as the San Clemente Local Coastal Program is amended to include the Marblehead Coastal property. At that time, any use already commenced in accordance with CUP 99-17 shall lawfully remain until the use lapses. After the San Clemente Local Coastal Program has been amended to include the Marblehead Coastal property, a noncommenced or lapsed use may only be established in accordance with the uses listed in the Marblehead Coastal Specific Plan subject to a new Conditional Use Permit.
Pursuant to Section 17.12.150(B) of the Zoning Ordinance of the City of San Clemente, a use shall not be deemed to have commenced until the date that a building permit is issued for a particular use; or, if the use does not require the issuance of a building permit, the use shall not be deemed to have commenced until the date the use becomes operational and/or opens for business at the subject site.
Pursuant to Section 17.12.150(C) of the Zoning Ordinance, a use shall be deemed to have lapsed one year after the date the use ceases operation and/or the business closes at such location, provided that date occurs after the San Clemente Local Coastal Program has been amended to include the Marblehead Coastal property. •(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, 26181 Avenida Aeropuerto, San Juan Capistrano, CA 92675. •(Ping.) --
5. Prior to submittal of improvement and/or grading plans, 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.) __
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6. Prior to submittal of improvement plans, the owner or desigiiee shall submit for review, and shall obtain the approval of the City Engineer or designee for, a I" = 200' Utilities Master Plan prepared by a Registered Civil Engineer showing all public and private and existing and proposed sewer laterals, mains and manholes; domestic and reclaimed water services, including gate and butterfly valves, pressure reducing stations, pressure zones, fire hydrants, and meters; storm drain mains, laterals, manholes, catch basins, inlets, outlets, pipe sizes, pipe types and any other related appurtenances. The plan shall provide for the following:
A.
B.
c.
D(Eng.) __
All public utilities shall be constructed within dedicated public rights of way and/or easements. The storm drain system within the development shall be private as designated on the Tentative Map with a manhole in the public right of way at the property boundary for the transition from private to public responsibility;
All utility mains shall be placed in the streets and are to be directed to public rights of way, unless otherwise approved by the City Engineer; and Utilities shall not be placed in slopes unless otherwise approved by the City Engineer.
7. Prior to approval of the first Final Map for the commercial portion of Tentative Tract Map 8817 or issuance of building permits, whichever occurs first, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that approval by the California Coastal Commission has been obtained for a Coastal Development Permit for the project. D(Plng.) __
8. Prior to approval of the first Final Map for the commercial portion of Tentative Tract Map 8817 or issuance of building permits, whichever occurs first, the owner or designee shall prepare to the satisfaction and approval of the City Attorney and City Engineer or designees, a declaration with the City as a third party agreeing to dedicate the necessary right-of-way along Avenida Vista Hermosa for the construction of the full width of Avenida Vista Hermosa. DD (Eng.) __
ISSUANCE OF PERMITS
9. The Owner or designee shall use all reasonable efforts to site a business hotel, with conference facilities, on approximately 3 to 5 acres of land located at the northern portion of the commercial site. In furtherance of this condition, the Owner or designee shall retain the services of a brokerage firm( s) or other similar entity or individual, who is experienced in locating potential hotel users, to assist in the identification of a hotel user. Prior to issuance of the first commercial building permit, the owner or designee shall submit for review, and shall obtain the approval of the City Manager for, the qualifications of such brokerage finn(s) or individuals. Thereafter, the Owner or designee shall provide status reports I
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documenting efforts to obtain a hotel development to the City Manager at intervals of six months from the date of approval of this resolution. The requirement for such status reports shall terminate upon the issuance of building permits within Phase III of the outlet center portion of the site.
In his evaluation of the efforts of the applicant in regards to locating a hotel user for the site, the City Manager will take into account the level of effort which is demonstrated by the applicant through the status reports, as well as economic market· demand for a hotel as demonstrated by the applicant and utilizing the following criteria: (i) such use is financially feasible to support, and (ii) such use can maintain market support over time consistent with Objective 1.27 ("Linkage of Development with Market Demands") of the San Clemente General Plan.
In the event that the Owner or designee identifies and reaches an acceptable agreement with a hotel user for the site, such use shall be processed with the City in accordance with the provisions of the Marblehead Coastal Specific Plan, and other applicable provisions of the San Clemente Municipal Code. Such applicable provisions include but are not limited to the requirements to process an amendment of the commercial area site plan and to process a Conditional Use Permit for hotel use.
In the event that the Owner or designee has been unable to reach an acceptable agreement with a hotel user prior to the issuance of building permits within Phase III of the outlet center portion of the site, then this condition shall thereafter be of no future force or effect. (Ping.) (CM) __
10. Prior to issuance of any permit, the owner or designee 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 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.) __
12. 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 Community Development Director or designee. •• (Eng.) (Plng.) __
13. 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 i
Resolution No. 99-68 Page 18
4( d) Section 7 or Section 10 permit has been obtained pnor to commencing activities that would impact the gnatcatcher. D (Plng.) __ (Eng.) __
14. 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 1.·_- 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. Impacts to applicable wetland habitats shall be mitigated in a manner acceptable to the United States Army Corps ·of Engineers and CDFG. DD (MM 4.12-la) (Ping.) __
15. 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 1.90 acres of existing wetlands, and restoration and enhancement of an additional 2.5 acres of wetland habitat, located within Marblehead Canyon (Lot Z) and Lot R within the public Bluff Top Park.
B. Preservation of 1.5 acres of existing sage scrub habitat, and restoration and enhancement of 10 acres of sage scrub habitat, within Marblehead Canyon (Lot Z) and adjacent to the preserved and restored wetlands.
C. Transplantation of 0.30 acres of needlegrass grasslands within Marblehead Canyon (Lot Z) and/or within the buffer area surrounding the Blochman's dudleya reserve (Lot Q) located on-site.
D. Completion of recovery of Blochman's dudleya plants from ex1st:mg populations located adjacent to the bluffs to the on-site dudleya reserve (Lot Q) and reasonable progress in 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.
E. Provision for a 100-foot buffer around wetlands in canyon bottoms.
F. Funding under the Resource Management Plan adequate to provide for long-term monitoring and management of preserved and restored biological resources. DD (MM 4.12-1.b) (Ping.) (Eng.) --
16. Prior to issuance of grading permits unless previously provided, the owner or designee shall commence to the satisfaction of the City Planner or designee the following off-site measures to mitigate impacts to wetlands and sage scrub resources:
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A. To mitigate project impacts to the existing 2.95 acres of wetlands located outside the Coastal Zone, either 2) commence restoration of habitat as determined by the Army Corps of Engineers 404 Permit to be suitable for restoration and long-term management, or 2) provide funding to the nonprofit board responsible for managing the South Subregion NCCP habitat reserve system adequate to restore/enhance wetlands within the habitat reserve system (if the non-profit board has not been established as of the time construction begins, the funds can be deposited with the County of Orange for future use within the NCCP reserve system).
B. In conjunction with on-site sage scrub preservation and restoration to mitigate project impacts to exiting sage scrub resources, pay a mitigation fee to cover impacts to the 12.9 acres of sage scrub and other habitat "occupied" by the coastal California gnatcatcher. The mitigation fee shall be paid to the South Subregion NCCP non-profit board for purposes of providing for restoration/ enhancement of gnatcatcher habitat within the habitat reserve system (if the non-profit board has not been established as of the time construction begins, the funds will be deposited with the County of Orange or CDFG for future use within the NCCP reserve system).
C. Off-site measures involving payment of fees or restoration and enhancement of wetland and scrub habitat should be directed to areas located adjacent to larger areas of existing habitat that would provide greater opportunities for successful long-term management of the restored wetland and scrub habitats consistent with the NCCP Planning and Conservation Guidelines for the Southern California CSS NCCP. ••(MM 4.12-1.c, 2.a) (Ping.) (Eng.) __
17. Prior to issuance of any 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. The monitoring biologist will oversee netting and relocation of Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior to brush-clearing and earth-moving activities. ••(MM 4.12-1.c, 2.b) (Ping.) (Eng.) __
18. 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:
A. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with operating and maintained mufflers.
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B. 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.
c.
D.
All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).
Stockpiling and/or vehicle-storage areas shall be located as far as practicable and out of view from dwellings.
E. The City of San Clemente Noise Ordinance, limiting the hours of construction and construction equipment maintenance to between 7:30 a.m. and 5:30 p.m. and to the days of Monday through Friday, excluding City holidays, shall be enforced.
19. Prior to issuance of rough grading permits, the owner or designee shall submit (along with a plan check deposit of 1 % of the construction cost of the grading and erosion control) for review, and obtain the approval of the City Engineer or designee for, a rough grading plan prepared by a Registered Civil Engineer that provides improvements of appropriate grading in compliance with the City Grading Ordinance, exposed retaining walls not to exceed applicable Zoning Ordinance maximum retaining wall height standards, drainage and trails. Said plan shall include provisions for: 1) stockpiling of topsoil for placement on finished slopes, if determined to be required by the approved soils agronomy report to establish adequate vegetative cover; 2) erosion and siltation control; 3) dust control; 4) provisions for planting of vegetation on all exposed slopes within ninety (90) days of certification and/or prior to October 15 as required by the Grading Ordinance; 5) temporary sedimentation basins and sandbagging if necessary; 6) a water conservation program; and 7) terrace drains shall be placed on the contoured and undulating slope in such a manner to avoid verticalconnecting "V" drains or downdrains where feasible, and placed to minimize their visual impact, as well as any necessary downdrains. D (Eng.) (Ping.) __
20. Prior to issuance of rough grading permits, an artifact and/or fossil preservation I
plan shall be approved by the City Planner. A qualified archaeologist and 1 _ 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 plan shall attend any pre-grade meetings and monitor grading operations. If artifacts or fossils are discovered, the archaeologist or paleontologist shall be empowered to divert or redirect grading in the vicinity of the remains in order to evaluate and salvage exposed prehistoric artifacts and/or fossils. The plan shall provide for the following: D (MM 4.7-1, 2.e) (Eng.) __
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A. Sufficient time allowed for adequate evaluation and recovery operations to B.
c.
be completed. (MM 4.7-1, 2.a, 2.b)
Marine and non-marine terrace sediments and sand lenses in the Capistrano Formation to be screened routinely for micro-vertebrate and invertebrate remams. (MM 4.7-2.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)
21. Prior to issuance of precise grading permits, the owner or designee shall submit (along with a plan check deposit of 1% of the construction cost of the grading) 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. All on-site drainage shall be conveyed onto public or private streets unless otherwise authorized by the City Engineer or designee. These facilities shall be constructed in accordance with City standards and privately maintained. •(Eng.) __
22. Prior to issuance of precise grading and building permits, the owner or designee shall ascertain from the City Engineer or designee that the City's water supply is adequate to accommodate the anticipated water demands of this project. If an adequate water supply is not available, grading and building permits shall not be issued. Approval of this project does not guarantee that potable water will be available for the project at the time of permit application. (Fire-FP14) (Eng.) __
23. Prior to issuance of precise grading and building permits, the owner or designee shall submit, in accordance with the City-approved Utilities Master Plan, for review, and shall obtain the approval of the Community Development Director and Director, Beaches, Parks and Recreation or designee, a detailed landscape and irrigation plan (compatible with the City's Maxicom master controller for areas to be maintained by the City) and incorporating drought tolerant plants, for on- and off-site landscaping including, but not limited to, Avenida Pico median, Avenida Vista Hermosa median, parkways, public trails, common areas and slopes, prepared by a Registered Landscape Architect, and in compliance with all pertinent requirements including, but not limited to, the City's Landscape Guidelines, Marblehead Coastal Specific Plan, and guidelines contained in the City's Master Landscape Plan of Scenic Corridors. 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: • (Ping.) (Eng.) (BPR) __
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24. 25.
A. Minimum "parkway tree size shall be 15-gallon for canopy trees and ten foot ( 1 O') brown trunk height (BTH) for palms.
B. Trees shall be planted and staked at thirty-foot intervals in commercial parkway areas.
C. Landscaping shall not conflict with vehicular sight distance and shall comply with Orange County EMA Standard 1117.
D. All parkway trees shall maintain the following distances from improvements:
E.
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.
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.
F. All median streetscapes in public streets shall be designed to the standards of the Master Landscape Plan for Scenic Corridors. All medians shall be provided with separate water meters, electric meters and irrigation controllers.
Prior to the issuance of grading and building permits or as otherwise determined by the City Planner or designee, 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.) __
If required, then prior to issuance of applicable building permits, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for an automatic fire sprinkler system. D (Fire-FPI 5) __ I
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26. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review, and obtain the approval of the Fire Chief or designee for, a detailed letter of intended use for each applicable building and/or suite. •(Fire-FP16) __
27. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for an approved fire suppression system for the protection of commercial type cooking equipment. •(Fire-FP20) __
28. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for a fire alarm system. The system shall be operational prior to issuance of a Certificate of Occupancy for the applicable use. •(Fire-FP21) __
29. Prior to issuance of building permits, the owner or designee shall provide to the satisfaction of the City Planner or designee revised roof plans with height calculations for each and every roof element for all buildings in accordance with the Zoning Ordinance method for calculating height and consistent with applicable maximum allowable heights specified in the Marblehead Coastal Specific Plan. In accordance with the Zoning Ordinance, the finished grade for Theater Building 9 and Buildings 12 and 13 as established by this approved SPP 99-16 is the pad elevation for the upper parking deck level indicated on the approved grading plan. ••(Plng.) __
30. Prior to issuance of building permits, the owner or designee shall pay all applicable development fees in effect at the time, which may include, but are not limited to, City Attorney CC&R/OEA review, RCFPP, public safety plan check, transportation corridor and school fees, etc.
•(MM 4.2-1) (Eng.) (Bldg.) __
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. 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. (Plng.) (Bldg.) __
33. Prior to issuance of any building permits and following the completion of initial grading/earth movement activities, the owner or designee shall demonstrate to the I
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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. DD (MM 4.12-2.c, 2.d) (Ping.) __
34. Prior to issuance of building permits, the owner or designee shall submit for review, and obtain the approval of the Fire Chief or designee for, the on-site private and public fire hydrant system. The owner or designee shall also make provisions to the satisfaction of the Fire Chief or designee for the maintenance and repair of the private system. DD (Fire-FP2) __
35. 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 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.
D (Bldg.)_~
36. Prior to issuance of building permits for combustible construction, the owner or designee shall submit to the Fire Chief and obtain approval of a Jetter and plan, stating that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on site.
D (Fire-FP13) --
3 7. Prior to issuance of building permits, the owner or designee shall demonstrate to the satisfaction of the Fire Chief or designee that this project complies with Chapter 15.48 of the San Clemente Municipal Code, pertaining to emergency response standards. D (Ping.) (Fire) --
38. I
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 or designee that all underground public utilities necessary to I · 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. D (Eng.) __
39. 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 I
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equipment, including, but not limited to, standpipes, shall be located out of view from a public street and/or adequately screened through the use of walls and/or landscaping, to the extent feasible. (Ping.) __
40. 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, and the equipment will be painted in such a manner as to cause the equipment to blend with the roof when viewed from surrounding areas. The roof cap sheet and/or rock shall be colored to match the roof tiles. Additional screening devices may be required in conjunction with tenant improvements if deemed necessary by the Director of Community Development. •(Ping.) __
41. Prior to issuance of building permits, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that approval from the California Department of Transportation has been obtained for the lighting plan or to install the lights affecting the Interstate 5 Freeway. ••(Ping.) __
42. Prior to issuance of sign permits, the owner or designee ·shall demonstrate to the satisfaction of the City Planner or designee that approval from the California Department of Transportation has been obtained for the installation of signs affecting the Interstate 5 Freeway. •• (Ping.) __
43. Building permits shall be issued no earlier than one year prior to the "anticipated completion date for the Vista Hermosa Interchange" (which is, for the purposes of these Conditions of Approval, the date indicated in the Vista Hermosa Interchange contract for the Interchange to be open to public vehicular traffic). ••(Eng.) (Ping.) __
44. Prior to issuance of any sign permits, the owner or designee shall submit a revised Master Sign Program (MSP) to the satisfaction of the City Planner or designee which includes the following textual or graphic revisions:
A.
B.
Only the temporary construction signs facing the Interstate 5 freeway may be externally illuminated. Lighting shall be controlled by an automatic timer that shall limit the hours of illumination from dusk until midnight daily.
Awning signs shall count toward a business' total sign area. A separate awning sign exhibit showing maximum width and height dimensions, and allowable graphic materials and method of application, shall be prepared and included in the MSP.
C. Professionally painted wall signs shall be an allowable sign material.
Resolution No. 99-68 Page 26
D. The stucco color(s) of the freestanding signs shall be consistent with the stucco color palette approved for the buildings to the satisfaction of the City Planner or designee. All other materials and colors of freestanding signs shall be compatible with the architecture approved for the project.
E. Sign Type 3.a.2 at the comer of Avenida Vista Hermosa and Avenida Pico shall have copy identical to Sign Type 3.a.1, and shall not advertise individual tenants.
F. All elevation drawings included in the MSP shall reflect the architecture approved for the project.
G. The three- and four-sided project directory signs shall reserve at least one side for public/community information.
H. In accordance with the Marblehead Coastal Specific Plan, signs within the entertainment plaza areas may be designed in a manner that promotes imagination and creativity and may be moving or revolving, wind driven, exposed or open channel neon, fiber optic, or animated. If incorporated into the MSP, said signs shall be oriented to the plaza at a maximum height of 50 feet above grade for the theater and the eave line for other buildings. The signs shall comply with all other aspects of the MSP criteria.
I. The freeway-oriented sign types (on building walls facing the freeway and freestanding signs Al.I, Al.2 and Al.3) are not approved. Revised sign types shall be approved through the processing of an amendment to SEP 99-18 prior to issuance of permits and installation. DD(Plng.) __ ISSUANCE OF CERT][JF][CATES OF OCCUPANCY
45. Prior to issuance of the first Certificate of Occupancy, the construction of the full width of Avenida Vista Hermosa and median/parkway landscaping from the I-5 Interchange limits to Avenida Pico, including the signal improvements at all commercial center entrances, shall be substantially completed to the satisfaction of the City Engineer or designee. DD (Eng.) __
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46. Prior to issuance of the first Certificate of Occupancy the construction of the I Avenida Pico ultimate widening and median/parkway landscaping from the existing improvements south of Calle de los Molinos to El Camino Real adjacent to the property, and the median modifications and signal at the Water Reclamation Plant entrance if determined necessary by the City Engineer, shall be completed to the satisfaction of the City Engineer. DD (Eng.) __
47. Prior to issuance of the first commercial Certificate of Occupancy in excess of 350,000 aggregate square feet the construction of El Camino Real (Pacific Coast I
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Highway) widening improvements adjacent to the property from Avenida Pico to Camino San Clemente. •• (Eng.) __
48. Prior to issuance of the final commercial certificate of occupancy for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program, 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 illumination onto adjoining site(s), the freeway and/or street(s). •(Ping.) __
49. Prior to issuance of the first certificate of occupancy, the qualified project paleontologist shall submit to the City Planner or designee a copy of the final report that was submitted along with any recovered fossils to the designated repository which summarizes findings, including an itemized inventory and contextual stratigraphic data. ••(MM 4.7-2.f) )Ping.) __
50. Prior to issuance of any Certificates of Occupancy for the commercial site, the signal improvements on Avenida Vista Hermosa at all commercial entries shall be completed to the satisfaction of the City Engineer or designee. •(Eng.) __
51. 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 asbuilt plans prepared by a Registered Civil Engineer, depicting all underground public utilities completed to the satisfaction of the City Engineer for that Development Phase. • (Eng.) __
52. 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 unless an exception is granted by the City Engineer: public and/or private street name signs, regulatory signs constructed of high intensity sheeting and .080 aluminum, traffic pavement markings controlling applicable street intersections, centerline and lane line striping, and curb painting. • (Fire-FP9) (Eng.) (Maint.) --
53. Prior to issuance of Certificates of Occupancy unless an exception is granted by the City Engineer, the owner or designee shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager or their designees that all street improvements damaged during construction have been repaired or replaced. •(Eng.) (Maint.)_~
54. 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 i
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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 irrigation, I including but not limited to median/parkway/slope landscaping and irrigation, · have been installed in accordance with the approved landscape plans. ·._.
D (Ping.) (BP&R) __
55. 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 demonstrate to the satisfaction of the Fire Chief that blue reflective pavement markers have been installed on the street(s)/drives, indicating the location of all fire hydrants per the Orange County Fire Authority standard. On private streets/drives, these markers shall be maintained in good condition by the Association or OEA entity. D (Fire-FP19) __ RELEASE OF FINANCIAL SJECURJ[l'Y
56. 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 or OEA entity has been formed and that the OEA and/or CC&R's have been reviewed by the City Attorney, approved by same and recorded.
DD (Ping.) (Eng.) __
57. 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. "Corner 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.
DD(Eng.) __
58. Prior to release of financial security, the owner or designee shall submit 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.
DD(Eng.) __
59. Prior to release of financial security, the owner or designee shall have completed the stenciling of all catch basins and storm drain inlets with labels 3" high in black letters, on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING- DRAINS TO OCEAN". These markings shall be maintained in good condition by the Property Owners Association or OEA entity. D (Eng.) -- I
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60. 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. The videotape shall become the property of the City. (Eng.) __
61. Prior to release of financial security, the owner or designee shall submit the following as-built items, certified by a Registered Civil Engineer, to the Engineering Division. All construction improvement as-built plans submitted to the City for review and approval shall be in digitized format (DXF file format) as requested by the City: (Eng.) __
A. A l" = 200' scale topographic mylar showing finished contours of the development at a contour interval of five ( 5) ft.
B. Mylar sheets at a scale of 1 "=40', or at an appropriate scale to be determined by the City Engineer or designee, showing domestic and reclaimed water, sewer, drainage facilities, final grading and street improvements;
C. A 1" = 200' mylar showing all "as-built" domestic and reclaimed water, sewer, storm drains and drainage facilities for utility maintenance purposes.
62. Prior to release of financial security, all domestic and reclaimed water and sewer systems, including, but not limited to pump stations, generators, and pressure release valves shall be fully tested, in the presence of a City Staff representative, to verify system performance in accordance with design specifications. (Eng.) --
63. Prior to release of financial security, the owner or designee shall execute an agreement, to the satisfaction of the Community Development Director and the Beaches, Parks and Recreation Director or their designees, with the City which designates responsibility for maintenance and irrigation of parkway trees, shrubs and ground cover within the public and private right of way. The City or designee shall be responsible for maintaining all medians within the public right of way.
The owner or designee, or the Association and OEA entity or designees, shall be responsible for watering all parkway trees, shrubs and ground cover within the public and private right of way, and shall trim and otherwise maintain parkway shrubs and ground cover and shall prune and keep disease-free all parkway trees within the public and private right of way. • (BP&R) -- I
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64. Prior to release of financial security, the owner or designee shall submit mylar sheets at a scale of 1 "=20' or 1 "=40', or at an appropriate scale to be determined by the Beaches, Parks and Recreation Director or designee, showing as-builts of grading, trails, and median/parkway/slope landscaping and irrigation (including irrigation central control system) intended for City Maintenance. D (BP&R) __ * All Conditions of Approval are Standard, unless indicated as follows:
D Denotes modified Standard Condition of Approval
DD Denotes project-specific Condition of Approval
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