Resolution Number 20-02-04-01RESOLUTION NO. 20-02-04-01
A RESOLUTION OF THE CITY COUNCIL APPROVING ZONE VARIANCE
19-003 TO ENCROACH INTO A RIDGELINE BUFFER ZONE BY 35'-0"
RELATED TO THE MODIFICATION OF THE SITE GRADE WITH
RETAINING WALLS UP TO 4'-6" AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION FOR PROPERTY LOCATED AT
ASSESSOR PARCEL NUMBER (APN) 650-481-26 (APPLICANT: ZAHER
YAZEJI, GEOQUAKE, INC.)
Whereas, Zaher Yazeji, 950 S. Tustin Ave. Suite 132, Anaheim Hills, CA 92807
has requested approval of GPM 19-001 & ZV 19-003, to allow retaining walls up to 4'-6"
in height with grading activities involving 77 cubic yards of cut and 77 cubic yards of fill
and a request to encroach 35'-0" into a ridgeline buffer zone located at Assessor Parcel
Number (APN) 650-481-26. The subject property, located on the east side of Berkshire
Lane, has a General Plan Land Use Designation of Very Low Density Residential and a
Zoning Designation of Single -Family 40,000 (RSE-40,000); and,
Whereas, Kuba Jewgieniew is the owner of real property located at Assessor
Parcel Number (APN) 650-481-26; and,
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the entire
project is categorically exempt from further review under Section 15332, In -Fill
Development (Class 32). The entire project is exempt per Section 15332 because the
project meets the required conditions for Class 32. The project is consistent with the
General Plan and Title 9 of the Municipal Code, Land Use. The project site is less than
five acres (1.26 acres); is substantially surrounded by urban uses and has no value as
habitat for endangered, rare or threatened species and is adequately served by all
required utilities and public services. Lastly, the approval of the project will not result in
any significant effects relating to traffic, noise, air quality, or water quality. A Notice of
Exemption (NOE) will be posted should the project receive final approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing on
December 10, 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,
2/4/2020
Whereas, on February 4, 2019, the City Council held a duly noticed public meeting
to consider the provisions of this proposed project and following receipt of all written and
oral public comments, the City Council considered the evidence presented, and
deliberated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby find that the entire project is Categorically Exempt from
further review under the California Environmental Quality Act per State CEQA Guidelines
Section 15332; Class 32 "In -Fill Development". The entire project is exempt per Section
15332 because the project meets the required conditions for Class 32. The project is
consistent with the General Plan and Title 9 of the Municipal Code, Land Use. The project
site is less than five acres (1.26 acres); is substantially surrounded by urban uses and
has no value as habitat for endangered, rare or threatened species and is adequately
served by all required utilities and public services. Lastly, the approval of the project will
not result in any significant effects relating to traffic, noise, air quality, or water quality.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the
City of San Juan Capistrano does hereby make the following findings as established by
Section 9-3.411(d), Ridgeline and Open Space Preservation (RP) District of Title 9, Land
Use Code of the City of San Juan Capistrano:
A. The proposed grading does not encroach into a designated ridgeline because the
project is limited to grading thirty-five feet into the bottom of the slope at the edge
of the 200 -foot ridgeline buffer zone..
Fill!
B. Construction activity, including but not limited to grading, proposed to encroach
into the 200 -foot horizontal buffer adjacent to a designated ridgeline satisfies the
following minimum criteria:
1. The grading and retaining walls will not interrupt any ridgeline skyline profile
as viewed by surrounding valleys because they are located at the bottom of
the slope, 165 feet away from any ridgeline and do not obscure views of the
ridgeline.
2. The grading does not encroach upon the ridgeline profile because grading
does not occur within 165 feet of the ridgeline and the proposed grading will
be balanced, keeping the natural topography intact, ensuring grading will
not encroach upon the ridgeline profile.
C. The application is compatible with all provisions of the Conservation and Open
Space Element of the General Plan. Specifically, Policy 4.1 of the General Plan
states that, "The preservation of land for agricultural, ridgelines, scenic, historic,
conservation, public safety, and open space helps to maintain community identity".
This project is compatible with Policy 4.1 as it will be located at the bottom of the
slope and will not block any views of the ridgeline. In addition, the grading activities
shall be screened from neighboring properties by existing landscaping. The n
i
2 2/4/2020
remainder of the Conservation and Open Space Element goals and policies are
not directly related to ridgelines.
D. The subdivision map, Tract No. 10103, for 26951 Berkshire Lane did not include
the dedication of open space areas.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the City Council
hereby approves Zone Variance (ZV)19-003.
PASSED, APPROVED AND ADOPTED this 411 day of February 2020.
TROY A. BOURNE, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 20-02-04-01 was duly adopted by the City Council of
the City of San Juan Capistrano at a Regular meeting thereof, held the 4th day of February
2020, by the following vote:
AYES:NCIL MEMBERS: Reeve, Taylor and Mayor Bourne
NOES: NCIL MEMBERS: Maryott and Farias
ABSEN NCIL MEMBERS: None
2/4/2020