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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