PC Resolution-04-02-24-01PC RESOLUTION NO. 04-2-24-1
u GRADING PLAN MODIFICATION (GPM) 03-02, PETEAN
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
GRADING PLAN FOR AN EXISTING 1.47 ACRE PARCEL LOCATED AT 33571 VALLE
ROAD AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER
CAPISTRANO APPROVING A REQUEST TO MODIFY A PREVIOUSLY-APPROVED
675-331 -03 (VASILE PETEAN)
Whereas, Mr. Vasile Petean requests approval of modifications to the grading
plan established by Hillside Management (HM) 91-03, to modify the existing pad elevation
by up to a maximum of 4'-0" for portions of an existing residential lot (Parcel 1). The project would
import fill to raise the pad elevation at the front and sides of the existing two-story house by up to
4'-0 and would construct new variable height interior floors to create a split-level structure; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301 , Development Review of the Land Use Code; and,
Whereas the proposed project consists of a grading modification to Lot 1 of
Parcel Map 98/29 and residential homes have been previously constructed on Lots 3 and
4 of the parcel map consistent withdhe graded building pads established by the Planning
Commission's approval of Hillside hnagement (HM) 91 -03; and, -
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project qualifies for a Class 4 categorical exemption. The Environmental Administrator
will cause the Notice of Exemption to be posted pursuant to Section 15061 (d) of the CEQA
Guidelines which provides that "the notice shall not be filed with OR? or the county clerk
until the project has been approved;" and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on February 13,2001 and on August 14,2001 pursuant to the provisions of Administrative
Policy 409, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano hereby makes the following findings:
(1) The proposed grading plan modification to the previously-approved grading plans
are consistent with the limits of grading established by Hillside Management (HM)
91 -03, Klein previously approved by the Planning Commission.
PC Resolution 04-2-24-1 2 February 24,2004
(2) The proposed grading plan modification to the grading plan are consistent with any
grading standards and design concepts or plan approvals pursuant to previous
Planning Commission approvals.
(3) The proposed grading plan modification is compatible with immediately-adjacent
lots and include blending of all slopes with adjacent property boundaries, rounding
of all slopes at both top and bottom to blend the grading into the existing terrain,
and harmonizes the design with the natural contours of the property and
surrounding lots.
(4) The proposed modifications to the grading plan shall show the location of any
proposed building footprints which shall meet all required minimum setbacks for
building as defined in the applicable Zone District, and minimum setbacks from the
tops and toes of slopes as defined by Section 9-4.313 Graded Slopes of this title.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the proposed grading
plan modification to the preliminary grading plan established by Hillside Management (HM)
91-03, Klein subject to the following conditions:
1. Prior to grading permit issuance, the grading permit plans shall be reviewed and
determined to be in substantial compliance with the Planning Commission-approved
preliminary grading plan subject to review and approval by the Planning Director or
their designee.
2. Prior to building permit issuance, the building permit plans shall be reviewed and
determined to be in substantial compliance with the Planning Commission-approved
preliminary floor plans and architectural plans subject to review and approval by the
Planning Director or their designee.
EFFECTIVE DATE & FINAL ACTION: This project approval shall become
effective following expiration of the fifteen (1 5) day appeal period without filing of an appeal
application. The appeal period shall expire at 500 pm, Wednesday, March 10,2004. This
project approval shall be valid for a period of one year from the date of approval of this
resolution, and shall expire on Thursday, February 24, 2005 unless a time extension
request or building/grading permit application related to this discretionary approval is
submitted to the City prior to that date.
PC Resolution 04-2-24-1 3 February 24,2004
PASSED, APPROVED AND ADOPTED this 24th day of February, 2004, by
the following vote, to wit:
AYES: Chairman Neely and Commissioners Cohen, Cardoza, Ratcliffe, and
Sam Allevato
NOES: none
ABSTAIN: none
ABSENT: none
(gpm0302-PC-res04-2-24-x wd)
\I
Wlliam A. Ramsey, AICP, Actin