PC Resolution-19-12-10-02PC RESOLUTION NO. 19-12-10-02
GRADING PLAN MODIFICATION (GPM) 19-004 & ZONE VARIANCE (ZV) 19-003
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, RECOMMENDING THAT THE PLANNING COMMISSION
RECOMMEND THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
APPROVE OF ZONE VARIANCE 19-003 TO ENCROACH 35'-0" INTO A RIDGELINE
BUFFER ZONE AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
AND APPROVING A REQUEST FOR A GRADING PLAN MODIFICATION 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 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 ser\tices. 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
PC Resolution 19-12-10-02 2 December 10 201 9
comments; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission 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 Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by, Subsection (f) of Section 9-2.323, Grading Plan Review and
Modification of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, and Design Guidelines because the project does not change the use,
intensity, or density of the project site. This project includes grading that
encroaches into the ridgeline buffer zone as defined in Section 9-3.411. Zone
Variance 19-003 has been processed concurrently and able to make all necessary
findings to allow the encroachment in accordance with Municipal Code Section 9-
2.351;
2. The proposed grading modifications are generally consistent with the original
project because the overall site topography will not be significantly altered from the
original development, including grading and single-family residence, which
completed constriction in 1990. The property owner has since altered the site
further with permitted grading and more recently regraded without permit;
3. The proposed grading will remain compatible with adjacent lots, including
maintaining the existing slopes along the adjacent property boundaries and a
design which maintains to the greatest extent the natural contours of the property
and surrounding lots as shown on the plans, and do not affect the overall
topography of adjacent properties;
4. The submitted plan identifies the proposed retaining walls as well as the location
of all existing building footprints. The proposed improvements would meet all
requirements as defined in the applicable Single-Family 40,000 (RSE-40,000)
zoning district development standards, including minimum setbacks for building
and minimum setbacks from the tops and toes of slopes as defined by Section 9-
4.313, and permit encroachment into the Ridgeline Buffer zone as a variance to
Municipal Code Section 9-3.411 when all necessary findings are made. Zone
Variance 19-003 has been processed concurrently and able to make all necessary
PC Resolution 19-12-10-02 3 December 10, 2019
findings in accordance with Municipal Code Section 9-2.351; and
5. The proposed grading modification 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 grade
change is subject to Plan Check review by the City's Engineering Department to
ensure that grading will not result in any negative impacts to hydrology and water
quality as required by local and state laws. Prior to issuance of a grading or building
permit, the applicant must demonstrate to the satisfaction of the Public Works
Director, or their designee, that the proposed grading will not result in any negative
impacts to hydrology and water quality. Lastly, the grading modification would not
impact views, as the grading shall be blocked from view from the adjacent
properties by existing landscaping. Conditions of approval have been provided
outlining additional landscaping to limit the impacts to views as needed.
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 9-3.411 (d), Ridgeline and Open Space Preservation (RP)
District of Title 9, Land Use Code of the City of San Juan Capistrano:
A. 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.
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 proposed 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. 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
remainder of the Conservation and Open Space Element goals and policies are
PC Resolution 19-12-10-02 4 December 10, 2019
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Grading Plan
Modification (GPM) 19-004 subject to those conditions of approval established by Exhibit
A, attached hereto and incorporated herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby forwards its recommendation of
approval of Zone Variance (ZV) 19-003 to the City Council.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, January 2,
2020. This project approval shall be valid for a period of 12 months from the effective date
of approval of this resolution, and shall expire on December 10, 2020 unless a time
extension request or building permit application related to this discretionary approval is
submitted to the City 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.
PASSED, APPROVED AND ADOPTED this 1 tli day of December, 2019.
Sergio K~Assistant Development
Services Director/Secretary
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
EXHIBIT A
RESOLUTION #: 19-12-10-02
CONDITIONS OF APPROVAL
GPM 19-004, & ZV 19-003
Jewgieniew Residence
December 10, 2019
January 2, 2020
January 2, 2021
These conditions of approval apply to Grading Plan Modification (GPM) 19-004, and
Zone Variance (ZV) 19-003, a grading modification 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 variance request to encroach 35'-0" into a ridgeline buffer zone, APN: 650-481-
26, located at 26951 Berkshire Lane. Any proposed changes to this approval shall be
submitted to the City Development Services Department, along with the required
application and deposit or fee, for review. For the purpose of these conditions, the term
"applicant" shall also mean the owner or any successor(s) in interest to the terms of this
approval.
Planning
1. Approval of GPM 19-004 is contingent upon City Council approval of Zone
Variance (ZV) 19-003.
2. Grading Plan Modification (GPM) 19-001 and Zone Variance (ZV) 19-003,
are granted to allow for a grading modification 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 variance request to encroach 35'-0" into a
ridgeline buffer zone. Approval is granted based on the development
plans submitted by Zaher Yazeji, Geoquake, Inc., on November 21, 2019.
Said plans 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 plans, 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 deposit or fee. If not appealed, this approval shall become
effective on the first business day following the fifteenth (151h) day after the
date of Planning Commission approval and shall expire twelve (12)
months after 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 deposit or fee, at least
Planning Commission Resolution 19-12-10-02
GPM 19-004 & ZV 19-003
Jewgieniew Residence
Conditions of Approval
December 10, 2019
Page 2 of 3
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
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. That the conditions of approval contained herein, shall be made part of the
construction drawings for the proposed development. Construction
drawings shall not be accepted for Plan Check without the conditions of
approval incorporated into the construction drawings.
7. 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.
8. 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.
9. 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
Planning Commission Resolution 19-12-10-02
GPM 19-004 & ZV 19-003
Jewgieniew Residence
Conditions of Approval
December 10, 2019
Page 3 of 3
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
10. The applicant shall schedule a final inspection by the Planning
Department a minimum of one week prior to final inspection by the
Building and Safety Department,
Public Works -Utilities
11 . Prior to issuance of a building permit, the grading plans need to depict
existing easements on the project site and all existing utilities.
Date of Approval: December 10, 2019
Resolution No.: 19-12-10-02
Effective Date: January 2, 2020