ZA Resolution-19-08-07-02ZA RESOLUTION NO. 19-08-07-2
GRADING PLAN MODIFICATION (GPM) 19-011 (FORMERLY GPM 15-013)
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A TWELEVE MONTH TIME EXTENSION OF
GRADING PLAN MODIFICATION (GPM) 19-011(FORMERLYGPM15-013)TO MODIFY
AND CORRECT GRADING AND RETAINING WALLS ON A 1.4 ACRE PARCEL
LOCATED AT 33561 VALLE ROAD (ASSESSOR PARCEL NUMBER 675-331-
04)(SUSTAITA RESIDENCE)
Whereas, Kurt Saxon, Saxon Engineering, 2605 Temple Heights Dr. Suite A
Oceanside, CA 92056, has requested approval of an extension of twelve (12) months to
Grading Plan Modification (GPM) 19-011 to modify and correct grading and retaining walls
on a 1.4 acre parcel located at 33561 Valle Road, which is General Plan-designated 2.01
Low Density and classified as "SP/PP" (Specific Plan/Precise Plan) on the Official Zoning
Map (the "Project"); and,
Whereas, Tony Sustaita, PO BOX 5556, San Clemente, CA 92674, is the
owner of real property located at APN 675-331-04; 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 determined that the project is
Categorically Exempt from further review pursuant to State CEQA Guidelines (Cal. Code
Regs., §§ 15000 et seq.) section 15304 (Class 4, "Minor Alterations to Land") and that
none of the exceptions to the application of categorical exemptions apply; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on December 13, 2016 and on June 27, 2017, pursuant to Title 9, Land Use Code, Section
9-2.302, and approved the proposed project after considering all relevant public comments;
and,
Whereas, the Zoning Administrator conducted a duly-noticed public hearing
on August 7, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302, to consider public
testimony on the proposed project and has considered all relevant public comments; and,
Whereas, the Zoning Administrator has considered all oral and written
testimony offered at the public hearing; and,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby finds that because the project has not changed,
and the General Plan and Zoning designations remain the same, the following findings can
be made:
1. The proposed grading modifications are consistent with the General Plan, Land Use
Code, Design Guidelines, and applicable specific plan or comprehensive
development, including but not limited to requirements for ridgeline protection,
natural landform grading, minimizing use and height of retaining walls, and effective
use of landscaping for erosion control and aesthetics; and,
2. The proposed grading modifications are generally consistent with the approved site
plan , preliminary grading plan, landscape plan, grading standards, and design
concepts of the original project as approved by the reviewing authority; and,
3. The proposed grading will remain consistent and compatible with immediately-
adjacent lots or units, including but not limited to blending of slopes with adjacent
property boundaries, rounding of slopes at both top and bottom to blend the grading
into the existing terrain, and a design which harmonizes the design with the natural
contours of the property and surrounding lots; and,
4. The proposed modified grading plan shows 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; and,
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby grants approval of a twelve (12)
month extension of time to Grading Plan Modification (GPM) 19-011 (formerly GPM 15-
013), subject to the findings and conditions of approval established by Planning
Commission Resolution 17-06-27-2, attached hereto and incorporated herein as Exhibit A
and shall expire on June 27, 2020 unless the applicant commences construction of the
project as described herein.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.311 of
Title 9, Land Use Code, this project approval shall become effective following expiration of
the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen
(15) day appeal period shall expire at 5:00 p.m. on Thursday, August 22, 2019.
PASSED, APPROVED AND ADOPTED this 7th day of August, 2019. Ch~dministrator
EXHIBIT A
PC RESOLUTION NO. 17-06-27-2
GRADING PLAN MODIFICATION (GPM) 15-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A GRADING PLAN MODIFICATION TO
MODIFY AND CORRECT GRADING AND RETAINING WALLS ON A 1.4 ACRE PARCEL
LOCATED AT 33561 VALLE ROAD (ASSESSOR PARCEL NUMBER 675-331-
04)(SUSTAITA RESIDENCE)
Whereas, Tony Sustaita, PO BOX 5556, San Clemente, CA 92674, has
requested approval of Grading Plan Modification (GPM) 15-013, approval to modify and
correct grading and retaining walls on a 1.4 acre parcel located at 33561 Valle Road, which
is General Plan-designated 2.01 Low Density and classified as "SP/PP" (Specific
Plan/Precise Plan) on the Official Zoning Map (the "Project"); and,
Whereas, Tony Sustaita, PO BOX 5556, San Clemente, CA 92674, is the
owner of real property located at APN 675-331-04; 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 determined that the project is
Categorically Exempt from further review pursuant to State CEQA Guidelines (Cal. Code
Regs., §§ 15000 et seq.) section 15304 (Class 4, "Minor Alterations to Land") and that
none of the exceptions to the application of categorical exemptions apply; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on December 13, 2016 and on June 27, 2017, pursuant to Title 9, Land Use Code, Section
9-2.302, City Council Policy 5, to consider public testimony on the proposed project and
has considered all relevant public comments.
Whereas, the Design Review Committee conducted a duly-noticed public
meeting on May 25, 2017, pursuant to Title 9, Land Use Code, Section 9-2.302, City
Council Policy 5, to review the proposed grading and landscape plan and consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the project is Categorically Exempt
from further review pursuant to State CEQA Guidelines Sections, 15304.
The project is exempt pursuant to State CEQA Guidelines section 15304
("Minor Alterations to Land") because the project consists of correcting site grading,
removing sections of non-permitted walls and exporting approximately 240 cubic yards of
unpermitted fill. Grading will not take place in a waterway or wetland, and the alterations
will be compatible with the more natural (original) features of the site and surrounding sites,
and the surface of the altered areas will be restored.
PC Resolution 17 -06-27 -2 2 June 27 2017
The Planning Commission also finds that none of the exceptions to the use of categorical
exemptions identified in State CEQA Guidelines section 15300.2 apply. The project site is
not located in a particularly sensitive environment, there is no potential for cumulative
impacts from successive projects in the same location, there are no unusual
circumstances, the project is not located within an officially designated scenic highway,
there is no record of hazardous waste on the property, and the project has no potential to
impact historic resources.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.323 of Title 9, Land Use Code of the City of San Juan
Capistrano (Grading Plan Modification):
1. The proposed grading modifications are consistent with the General Plan, Land Use
Code, Design Guidelines, and applicable specific plan or comprehensive
development plan as follows:
a. General Plan. The General Plan Land Use Designation for the property is
Low Density. (GPLU figure LU-1 (p. 16).) The Low Density designation
provides for low density single-family dwellings and accessory buildings and
allows for a maximum density of two (2) dwelling units per acre. (GPLU § 2.1
(p. 23).) The Grading Modification Plan request will not impact the use or
density of the property.
b. Land Use Code. The zoning for the property is SP/PP, which defers to the
regulations of the McCracken Hill Specific Plan (SP 02-01 ). (SJCMC§9-
3.317.) See specific plan findings below.
c. Specific Plan. The project conforms with subsection 1 (c) of the McCracken
Hill Specific Plan's Purpose and Intent:
"[P]rovide for regulating land uses and development consistent with
the low-density, hillside-oriented, residential character of the
McCracken Hill neighborhood."
d. Design Guidelines. The project's design will incorporate principles
established in the Design Guidelines, including limited use of retaining walls
and limiting the height of retaining walls. The project conforms with Chapter
II, Section C(1) Grading; specifically with the following subsections:
"b. Innovative grading techniques such as contour grading that
incorporate use of variable slopes, both vertical and horizontal, and
meandering tops and toes of slopes are encouraged".
"c. Smooth, gradual transitions between manufactured and natural
slopes are encouraged."
PC Resolution 17 -06-27 -2 3 June 27 201 7
"d. Use of retaining walls should be minimized. Where use of
retaining walls cannot be avoided, they should be screened to the
maximum extent possible and use of plantable retaining walls should
be employed as part of the design solution."
Additionally, the site will be comprehensively landscaped to provide adequate
screening and softening of walls and planting the manufactured slope.
e. Comprehensive Development Plan. There is no applicable comprehensive
development plan for the property.
2. The proposed grading modifications are generally consistent with the approved site
plan, preliminary grading plan, landscape plan, grading standards, and design
concepts of the original project as approved by the reviewing authority because the
proposed grading concept would result in contours that will cohesively blend into the
adjacent existing contours and remove and export approximately 240 cubic yards of
fill that was installed without City approval by the prior previous owner;
3. The proposed grading will remain consistent and compatible with immediately-
adjacent lots or units, including but not limited to blending of slopes with adjacent
property boundaries, rounding of slopes at both top and bottom to blend the grading
into the existing terrain, and a design which harmonizes the design with the natural
contours of the property and surrounding lots because the proposed grading
concept would result in removal and export of approximately 240 cubic yards of fill
that was installed without City approval by the previous owner and will create
contours that will cohesively blend into the adjacent existing contours and terrain;
4. The proposed modified grading plan shows 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 because the proposed
grading plan shows the location of the existing residential unit which meets or
exceeds minimum setback requirements for the Specific Plan. There is no other
proposed building on the modified grading plan;
5. The proposed modified grading will not cause adverse impacts to other properties,
including but not limited to potential impacts on hydrology, water quality, views, trail
easements, or other aspects of development, because the project will provide
adequate drainage and water quality treatment measures, and will correct the
current contours resulting in an export of approximately 240 cubic yards of fill that
was installed without City approval by the prior previous owner and will correct the
adverse impacts to views from other properties created by the non-permitted fill.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
PC Resolution 17-06-27-2 4 June 27 2017
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period, subject to an
appeal application. The appeal period shall expire at 5:00 p.m., Tuesday, July 12, 2017.
This project approval shall be valid for a period of 2 years from the date of approval of this
resolution, and shall expire on June 27, 2019, unless a time extension request has been
submitted prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest the
imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
CUSTODIAN OF RECORDS: The documents and materials associated with
this Resolution that constitute the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodiRn of the
record of proceedings.
NOTICE OF EXEMPTION. The Director of Development Services shall
prepare and file with the Clerk for the County of Orange a notice of exemption as provided
under Public Resources Code Section 21152(b) and CEQA Guidelines 15062, indicating
that the project is exempt from further CEQA review pursuant to State CEQA Guidelines
Section 15304. A copy of the exemption shall be kept on file and available for public
review at the San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano,
California 92675.
Ser · otz, AICP, Assistant Director
Secretary
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION#: 17-06-27-2
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Grading Plan Modification (GPM) 15-013
Sustaita Residence
June 27, 2017
July 12, 2017
June 27, 2019
These conditions of approval apply to Grading Plan Modification (GPM) 15-013, a
request to modify and correct grading and retaining walls on a 1.4 acre parcel located at
33561 Valle Road (Assessor Parcel Number 675-331-04).
General Conditions:
1. Grading Plan Modification (GPM) 15-013 is granted for grading of the
subject property. This approval is granted based on the application
materials submitted by Saxon Engineering Services, including the grading
plan and landscape plan. These plans and the proposed use of the site
are approved as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Development Services Director to be in substantial conformance
with the approved site plan, and which do not intensify or change the use
or require any deviations from adopted standards, may be approved by
the Development Services Director upon submittal of an application and
the required fee. If not appealed, this approval shall become effective on
the first business day following the fifteenth ( 151h) day after the date of the
Planning Commission's approval and shall expire twelve (12) months after
the effective date of the approval unless the use or occupancy which is
the subject of this action has taken place and all conditions of approval
have been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Development
Services Department, along with the required fee, at least ninety (90) days
prior to the expiration date of this approval, except as otherwise approved
by the Development Services Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Resolution# 17-06-27-2
Project # GPM 15-013, Sustaita Residence
Final Conditions of Approval
Date: June 27, 2017
Page 2of4
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
Resolution # 17-06-27-2
Project# GPM 15-013, Sustaita Residence
Final Conditions of Approval
Date: June 27, 2017
Page 3 of 4
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
10. Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
and irrigation, erosion and sediment control, applicable sewer, water,
street, and all appurtenant improvements. (ENG)
11. Soi.ls/Geology Report. Prior to issuance of grading permits, the applicant
shall submit to the City Engineer and Building Official for their review and
obtain approval for a Final Soils/Geotechnical Report, prepared by a
Registered Geotechnical Engineer to determine the seismic safety and
soils stability of all proposed grading and development improvements
within the project as well as any affected adjacent property. (ENG)
12. Grading Plans. Prior to issuance of grading improvement permits, the
applicant shall submit a Final Grading Plan to the City Engineer and
Building Official for their review and obtain approval for Grading Plans
prepared by a Registered Civil Engineer. These plans shall show the
limits of grading, trails and their corresponding dedicated easements,
drainage, sewer, water and driveways. The extent of the topography shall
be extended enough to determine the drainage impacts to adjacent
properties. The elevations shall correspond with the Orange County
benchmark datum. Unless determined otherwise by the City Engineer,
runoff must be filtered with Best Management Practices (BMP's) methods
then conveyed to a City approved drainage facility. (ENG)
13. Erosion and Sediment Control Plans (ESCP). Prior to issuance of grading
improvement permits, the applicant shall submit to the City Engineer for
review and shall obtain approval for Final Erosion and Sediment Control
Plans, prepared by a Registered Civil Engineer. These plans shall show
all temporary and/or permanent erosion and sediment control measures in
accordance with the NPDES Permit. (ENG)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
14. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with all approved plans and permits,
including: (ENG/DSD)
Resolution # 17-06-27-2
Project# GPM 15-013, Sustaita Residence
Final Conditions of Approval
Date: June 27, 2017
Page 4of4
a. Approved Erosion and Sediment Control Plan
b. Approved L.l.D. (Low Impact Development) Plans/Features.
c. All grading shall take place on the subject property.
15. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(DSD)
16. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application,
and shall submit a copy of the project LID features/BMP structures or
devices in a GIS format so that they can be included in the City's
stormwater Treatment Control BMP (TCBMP) database.(DSD)
Responsible Agencies: B&S
ENG =
DSD =
PW =
OCFA=
Building and Safety
Engineering Department
Development Services Department
Public Works Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
By:
Property Owner/Applicant Date