PC Resolution-04-06-22-03PC RESOLUTION NO. 04-6-22-3
GRADING PLAN MODIFICATION 04-01
SU BDlVlS ION EXC E PTlON 04-0 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A GRADING PLAN
MODIFICATION, AND APPROVING A SUBDIVISION EXCEPTION FOR
AT 26922 PASEO CARDER0 AND MORE PRECISELY REFERRED TO AS
TRACT 9184, LOT 10 FOR AN EXISTING SINGLE-FAMILY LOT LOCATED
ASSESSORS PARCEL NUMBER 650-161-14 (GIELOW)
Whereas, Larry and Sydney Gielow have requested approval of a
modification to the conceptual grading plan for Tract 91 84, Malaspina, and specifically, that
portion of the mass grading plan for Lot 10; and, the proposed grading modifications
propose a combination of tiered retaining walls, varying in height up to a maximum of 13'-
6", and over-steepened 1 %:I manufactured slopes to create a building pad for a proposed
single-family detached home and detached accessory structure; and,
Whereas, Larry and Sydney Gielow have requested approval a subdivision
exception to Section 9-4.313(a)(2) of Title 9, Land Use Code to allow portions of
manufactured slopes to be finished with 11h:I slopes where the Code requires a maximum
2:l slope; and, -
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and on May 25,2004,
issued a Mitigated Negative Declaration and all mitigation measures have been
incorporated herein; and,
Whereas, the Design Review Committee held a public meeting on May 6,
2004 and conducted a worksession on the proposed project; and,
Whereas, the Planning Commission conducted a duly-noticed public meeting
on June 22, 2004 pursuant to the provisions of Section 9-2.339, Public Meeting
Procedures of Title 9, Land Use Code to consider public testimony on the proposed project
and has considered all relevant public comment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission finds:
L
1. The proposed modification to the previously-approved grading plan would be
consistent with the general design of the mass grading plan approved by the
PC Resolution 04-6-22-3 2 June22, 2004
City Council as part of Tentative Tract Map 9184, Malaspina subject to the
conditions of approval contained herein.
2. The proposed modification to the grading plan will remain consistent and
compatible with immediately-adjacent lots or units because the project
provides blending of all horizontal slopes with adjacent property boundaries,
and while the project does not provide rounding of all slopes at both top and
bottom to blend the grading into the existing terrain, retaining walls are
proposed to provide vertical slope transitions.
3. The proposed modification to the grading plan meets all required minimum
setbacks for buildings and improvements as defined in the applicable Zone
District, and standards established by Section 9-4.31 3 Graded Slopes of this
title.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission finds:
1. The subdivision exception includes “special physical circumstances in areas
surrounding the property which justify granting the exception” because the project
site and adjoining areas possess natural steep slopes; and,
2. The subdivision exception meets the intent of Section 9-4.313 which seeks to (1)
provide for geotechnical stability of all manufactured slopes; (2) provide for finished
slopes which have a more natural appearance; and (3) assure that manufactured
slopes can sustain slope planting necessary to protect against erosion and provide
an aesthetic appearance; because 11/2:1 slopes can be designed to meet these
criteria; and,
3. The subdivision exception would not result in a negative impact on adjoining
properties because the 1%:1 slopes will be stable and include erosion preventative
treatment (i.e. jute mat) to support slope landscaping, and views of proposed
retaining walls will be substantially screened from public view by the proposed
single-family residence.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission approves the project subject to the following:
1. Prior to building permit issuance, the applicant will submit a preliminary landscape
plan designed to provide visual screening of retaining walls and re-landscaping of all
manufactured slopes subject to review and approval of the Design Review
Committee. The landscape pallette shall substantially incorporate California native
plants especially along the property edges provided the use of such plant material
does not conflict with Orange County Fire Authority (OCFA) fuel modification
requirements. Prior to occupancy permit issuance, the project shall complete the
PC Resolution 04-6-22-3 3 June22, 2004
installation of all landscape improvements consistent with the Design Review
Committee-approved landscape plan.
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EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become final and effective following expiration of the fifteen (1 5) day appeal period without
filing of an appeal, and the appeal period shall expire at 500 p.m., Wednesday, July 7,
2005. This project approval shall be valid for a period of one year from the date of approval
of this resolution, and shall expire on June 22, 2005, unless a time extension, building
permit, or grading permit application related to this discretionary approval is submitted to
the City on or prior to that date.
PASSED, APPROVED AND ADOPTED this 22nd day of June, 2004.
AYES: Commissioners Cardoza, Cohen, Ratcliffe, and Chairman Neely
NOES: none
ABSTAIN: none
ABSENT: none
Molly Boa Plaaing Director
P \Plannrng\Archive\GPM PROJECTS\Gpm0401 Gielow\gpm0401 -PC-res04-6-22-3-approve.doc