PC Resolution-22-09-28-03PC RESOLUTION NO. 22-09-28-03
GRADING PLAN MODIFICATION (GPM) 22-021 & ZONE VARIANCE (ZV) 22-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING A CATEGORICAL EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A REQUEST
FOR A GRADING PLAN MODIFICATION TO CREATE A BUILDING PAD FOR THE
DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE WITH ATTACHED GARAGE,
ON A VACANT PARCEL & ZONE VARIANCE FOR A 14'-6" ENCROACHMENT INTO
THE REQUIRED 30'-0" FRONT YARD SETBACK FOR PROPERTY LOCATED AT
27051 PASEO ACTIVO (APN 675-192-03) MAHMOUD! RESIDENCE (APPLICANT:
MOHAMMAD R. MAHMOUD!)
WHEREAS, Mohammad R. Mahmoudi, 2585 Ridgegate Row, La Jolla, CA
92037, has requested approval of ZV 22-006 for a 14'-6" encroachment into the required
30'-0" front yard setback and GPM 22-0021, to modify the grade on a vacant parcel to
create a building pad for the future development of a single-family residential home with
attached garage at 27051 Paseo Activo (APN 675-192-03). The subject property, located
on the north side of Paseo Activo, has a General Plan Land Use Designation of Low
Density Residential and a Zoning Designation of Single-Family 20,000 (RSE-20,000);
and,
WHEREAS, Mohammad R. Mahmoudi is the owner of real property located
at 27051 Paseo Activo (APN 675-192-03); 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 State CEQA
Guidelines, section 15332, In-Fill Development (Class 32). Alternatively, and wholly
independent of the foregoing, the City's Environmental Administrator, has determined that
the project is categorically exempt from further review under State CEQA Guidelines,
section 15303, New Construction of Small Structures (Class 3); and
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing on September 28, 2022, 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,
NOW, THEREFORE, BE IT RESOLVED, that, based upon the entire record, including
the staff report for this item, 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 following required conditions for Class 32: the project is consistent
PC Resolution 22-09-28-03 2 September 28. 2022
with the General Plan and Title 9 of the Municipal Code, Land Use subject to the granted
variance; is less than five acres (.75 acres); is substantially surrounded by urban uses;
has no value as habitat for endangered, rare or threatened species; will not result in any
significant effects relating to traffic, noise, air quality, or water quality; and is adequately
served by all required utilities and public services. Alternatively, and as a wholly
independent justification, 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
15303.Specifically, the project is exempt pursuant to a Class 3 exemption because the
project involves the construction and location of one single-family residence.
None of the exceptions to the categorical exemptions apply. Specifically, pursuant to
State CEQA Guidelines, section 15300.2, the project:
a. Is not located in a particularly sensitive environment. The site is in the center of an
existing residential neighborhood where nearly every surrounding lot has been
developed.
b. Once the home is constructed, there is no possibility of a cumulative impact of the
same type of project in the same place over time. The project involves the
construction of a single family home in a well-established single family residential
neighborhood. The lot is one of the last in the neighborhood to be developed.
Once it is developed, the likelihood of a successive project (i.e., tear down and
rebuild) on this site is low and probability of a cumulative impact is low.
c. Is not marked by unusual circumstances. There is nothing unique about an infill
residential project on a vacant lot in an established estate residential
neighborhood.
d. Would not damage scenic resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway.
e. Is not located on a site which is included on any list compiled pursuant to Section
65962.5 of the Government Code.
f. Would not cause a substantial adverse change in the significance of a historical
resource because there are no historic resources on site.
The Planning Commission hereby directs staff to prepare, execute and file
a Notice of Exemption within five (5) working days of project's final approval and effective
date, further described hereinbelow.
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 development allowed for the Project site. The General Plan
PC Resolution 22-09-28-03 3 September 28 , 2022
designation permits the development of single-family residential structures and the
proposed project involves the development of a single-family residence. Per
Architectural Design Guideline C(1 )(a), the Project has been designed to maintain
natural landform grading, where possible, and follows the natural contours of the
land through a stepped development utilizing cessions and raised floors. The
proposed grading modifications meets the requirements of Land Use Code section
9-4.513 (e)(1) because the grading the proposed cut and fill will be developed in
concert with the existing scale of the terrain of the subject site.
2. The proposed grading modifications are generally consistent with the original
grade because the overall site topography will not be significantly altered from the
original development. Previously approved site plans and design concepts have
expired; and the proposed site plan and design concepts are moving forward
simultaneously. The design of the single-family residence proposes raised floors
with no fill under the floor area limits the amount of proposed grading to mostly
accommodate the front yard areas and maintains the natural contours of the site
topography. As the site is currently vacant and there is not a previous landscaping
plan, the proposed grading will not affect any landscaping on site;
3. The proposed grading will remain compatible with adjacent lots, including
maintaining the existing slopes along the adjacent property boundaries. Further,
the design of the proposed grading maintains to the greatest extent the natural
contours of the property and blending of slopes with surrounding lots as shown on
the plans. The proposed grading will not affect the overall topography of adjacent
properties because all proposed grading will be contained on the subject property;
4. The proposed modified grading plan identifies the footprint of the proposed future
structures. The proposed improvements would meet all requirements as defined
in the applicable Single-Family 20,000 (RSE-20,000) zoning district development
standards, with the exception of the front yard setback as defined by Section 9-
4.313. The proposed structure is encroaching 14'-6" into the required 30' front yard
setback to accommodate the slopes and steeper topography on the rear of the
site; 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 or trail easements because the retaining walls are proposed at a
lower elevation than the adjacent homes view corridors, and the grading does not
encroach into or alter any trail system.
PC Resolution 22-09-28-03 4 September 28, 2022
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
for the proposed 14'-6" encroachment into the required 30'-0" front yard setback as
established by, Subsection (e) of Section 9-2.351, Variances and minor exceptions of
Title 9, Land Use Code of the City of San Juan Capistrano:
1. There are special circumstances applicable to the property in that, the site has a
steep topography, approximately a 40% slope within the first 50'-0" from the
southern front property line, which significantly limits the developable area of the
lot. Other properties within the vicinity and under the identical zoning classification
have similarly received Zone Variances to encroach into the front yard setback due
to similar site constraints. Specifically, ten Zone Variances have been approved
for properties within Tract 9284, affecting six properties. Three properties adjacent
and across the street from 27051 Paseo Active have approved Zone Variances
due to similar topographical constraints as the Applicant's lot. Zone Variance 87-
15 established a 12'-0" front yard setback for the residence located at 27001 Paseo
Activo, Zone Variances 80-01 established a 10'-0" front setback for the residence
at 27082 Paseo Active and Zone Variance 11-07 established a 10'-0" front yard
setback for the residence at 27002 Paseo Active;
2. The property is the only lot remaining undeveloped on Paseo Active. The applicant
seeks approval of a similar setback in the front yard that neighbors have been able
to accommodate. Other lots on Paseo Activo were developed prior to a zone
change in 2002, which altered the prior City-wide RS zone requirements of 20'
front yard setbacks, 1 O' side yard setbacks, and 25' rear yard setbacks. The prior
RS zoning regulations constrained development on the site, resulting in the subject
property receiving approval of two separate Zone Variances that allowed
encroachment into the front yard setback. A City-wide zone change in 2002 further
constrained development on the site by increasing the front yard setback to 30'.
The granting of Zone Variance 21-002 will not constitute a grant of special
privileges; rather it will (a) allow the property to maintain a front yard setback similar
to the front yard setback that the City has approved for other properties in the
vicinity and zone district and (b) allow for development at a similar scale· to the
surrounding neighbors;
3. The Zone Variance will not result in a residential development inconsistent with the
provisions of Title 9 of the Municipal Code other than for the above stated
encroachment. Further, the granting of the variance would not result in a project
that is inconsistent with the goals, policies, and objectives of the General Plan,
specifically the Land Use Element, since there would not be a change in density
and plans for development otherwise meet the development requirements for a
single-family residence in the RSE-20,000 zone; and
4. The Zone Variance will not be materially detrimental to public health, safety, or
welfare, or injurious to the properties in the vicinity because it is solely for an
encroachment within the front yard setback. Further, the height of the home will
PC Resolution 22-09-28-03 5 September 28, 2022
not exceed the maximum height permitted in the RSE-20,000 zone and there is an
attached garage that will allow parking on site.
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.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective after the fifteen (15) day appeal period expires provided that an appeal
is not filed. The appeal period shall expire at 5:30 pm, Thursday, August 25, 2022. 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 August 26, 2023 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.
CUSTODIAN OF RECORDS AND LOCATION OF DOCUMENTS: The
Secretary of the Planning Commission is the custodian of records for this item. The
record of proceedings and all documents upon which this Resolution are based are
located at City Hall at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
PASSED, APPROVED AND ADOPTED this 28th day of September, 2022.
~u_)/)IU~
Tami Wilhelm, Chairman
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 22-09-28-03
ENCLOSURE 1
CONDITIONS OF APPROVAL
GPM 22-021, ZV 22-006
Mahmoudi Residence
September 28, 2022
October 13, 2022
October 13, 2023
These conditions of approval apply to ZV 22-006 for a 14'-6" encroachment into the
required 30'-0" front yard setback and GPM 22-021 to modify the grade on a vacant parcel
to create a building pad for the future development of a single-family residence with
attached garage located at 27051 Paseo Activo (APN 675-192-03). The subject property,
located on the north side of Paseo Activo, has a General Plan Land Use Designation of
Low Density Residential and a Zoning Designation of Single-Family 20,000 (RSE-
20,000). 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.
General Conditions:
1. Grading Plan Modification (GPM) 22-021, is granted to allow for the modification
of the grade on a vacant parcel to create a building pad for the development of
a single-family residence with attached garage. The proposed grading activities
involve 146 cubic yards of cut and 16 cubic yards of fill for a total export volume
of 130 cubic yards. Approval is granted based on the development plans
submitted by Mohammad R. Mahmoudi, on September 19 2022. 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
(15th) 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
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Conditions of Approval
September 28, 2022
Page 2 of 10 Mahmoudi Residence
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 ninety (90) days prior to the
expiration date of this approval, except as otherwise approved by the
Development Services Director.
2. 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 but at the applicant's expense, to choose its own attorney
to represent the City, its officers, employees, and agents in the defense of the
matter.
3. 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.
4. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure that
all construction activities, which includes the delivery and/or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m .
8:30 a.m. to 4:30 p.m.
5. Construction activity is prohibited on Sundays and on any federal holiday unless
waived by the Building Official for extenuating reasons.
6. The applicant shall install a rumble strip on-site, at the exit to and from the site
to be used by any trucks accessing the parcel, to prevent dirt or mud from being
tracked onto the surrounding streets.
7. Approval of this application does not relieve the applicant from complying with
other applicable Federal, State, County or City regulations or requirements.
8. The applicant shall comply with all requirements from the Building & Safety
Division and all other City departments.
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 3 of 10
9. The understory of the single-family residence shall be enclosed as depicted on
the renderings submitted to the Planning Commission, subject to OCFA review
and approval.
1 o. Prior to issuance of a building or grading permit, the applicant shall submit a
landscape plan for the property that substantially matches the landscaping
depicted in the renderings submitted to the Planning Commission, subject to
review. and approval by the Development Services Director.
11. The applicant shall ensure that the exterior materials and design of the single-
family residence substantially match the renderings submitted to the Planning
Commission to the satisfaction of the Development Services Director.
12. The applicant shall schedule a final inspection with the Development Services
Department to inspect the final construction to ensure consistency with the
approved plans and conditions of approval.
13. Compliance with Outside Requirements. Approval of this application does not
relieve the applicant from complying with other applicable Federal, State,
County or City regulations or requirements. To the extent not precluded by
Government Code Section 65961, the applicant shall comply with all
requirements of the Municipal Code, all requirements of City ordinances,
resolutions, and all applicable standards and policies that are in effect at the
time that building permits are issued for the development.
14. Signed Plans. All plans, specifications, studies, reports, calculations, maps,
notes, legal documents, and designs shall be prepared, stamped and signed, if
required, only by those individuals legally authorized to do so.
15. Applicant Responsibilities. 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.
16. Discrepancy Clause. In the event that the conceptual plans 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.
17. Fees. 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 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 4 of 10
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
18. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR ENCROACHMENT PERMIT(S):
19. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval of
the grading plans, the applicant/sub-divider shall submit concurrently with the
Street/Sewer/Water/Drainage Improvement Plans/Landscape Irrigation, all
Electrical, Gas, Telephone and Cable Television installation plans to the City
Engineer for review and approval, to ensure compatibility with existing and
proposed improvements. All utility lines with junction structures shall be
underground. Any deviation from these requirements shall be subject to prior
City Engineer review and approval. (PW)
20. Construction Cost Estimates. Prior to the approval of grading plans and
issuance of the grading permit, the applicant/subdivider shall submit an estimate
of quantities and construction costs of all proposed Works of Improvements
(e.g. Street, Drainage, Grading, Landscaping Irrigation etc .. ) associated with
this development prepared by a California State Registered Civil Engineer
pursuant to the City requirements to the City Engineer for review and approval.
Said estimates shall include, but not be limited to, the costs for construction of
all on-site and off-site improvements for street/parking lots, grading, signing and
striping, storm drains, landscape, and irrigation systems. Any exception to or
deviation from this condition shall be subject to review and approval by the City
Engineer. (PW)
21. Payment of Fees. Prior to issuance of grading and Encroachment permits, the
applicant/subdivider shall pay all applicable fee requirements in accordance
with the City Municipal Code, as last revised and the City Schedules of Rates
and Charges, as last revised. (PW)
22. Permits Required. Prior to the commencement of any grading or construction
activity not provided for in previously approved permits, a permit shall be
required. All improvement work, whether performed on-site or off-site, shall
require a permit to ensure the integrity and safety of all existing and proposed
improvements affected by construction activities. (PW)
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 5 of 10
23. Encroachment Permit Haul Route. An Encroachment Permit is required for a
Haul Route for any import/export of earth material in excess of fifty (50) cubic
yards to or from the site. Submit the Haul Route for review and approval by the
City Engineer. (PW)
24. Grading Plans. Prior to issuance of grading and encroachment permits, the
applicant/subdivider shall submit the required number of copies of grading plans
prepared by a California State Registered Civil Engineer to the Development
Services Director for City review and approval by the City Engineer for the entire
project site. Such plan shall be in substantial conformance with the grading
concept made as part of the project.
These plans shall conform to the City and the County of Orange grading plan
standards and depict, at minimum, all existing features, the limits of grading, the
drainage, retention/detention basins, sewer facilities, water facilities, existing
and proposed easements and right-of-way boundaries, trails, parkways, streets
and all appurtenant improvements. The extent of the topography shall be
extended sufficiently beyond the tract's boundaries to determine the geological
and drainage impacts to adjacent properties. The elevations shall correspond
with the County of Orange benchmark datum. All drainage design must depict
proper conveyance to the on-site street or a City approved drainage facility with
appropriate pre-treatment facilities or Best Management Practices (BMP) in
place pursuant to the National Pollutant Discharge Elimination System (NPDES)
permit requirements.
All soils reports and grading plans shall be subject to review by a third-party
geotechnical consultant retained by the City to ensure geotechnical stability to
the satisfaction of the City Engineer. (PW&DSD)
The following will be required for approval by the City Engineer:
a. An on-site plan showing location of the access point, for the earth moving
and grading equipment and for workers vehicles entering and exiting the site.
b. An off-site haul route plan for soil importation/exportation circulation and for
heavy construction related deliveries. The haul route plan shall specify the
dates and times and headways for hauling activities in compliance with all
applicable City standards. The City Engineer may require a security deposit in
conjunction with approval of the haul route plan.
c. Prior to commencement of haul activities, the applicant shall obtain a Haul
Route Permit and pay required fees.
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 6 of 10
If applicable, any existing easements shall be shown on grading plans and
disposition of the existing easements in respect to the proposed development
shall be determined. If an easement is to be quitclaimed, a copy of the
quitclaimed document shall be provided to the City Engineer.
25. Erosion & Sediment Control Plans, Prior to issuance of grading and
encroachment permits, the applicanUsubdivider shall submit an
Erosion/Sediment Control Plan for the regulation and control of pollutant run-off
by using Best Management Practices (BMPs), prepared by a California State
Registered Civil Engineer to the City Engineer for review and approval. The plan
shall show all temporary and permanent erosion control devices, effective
planting of graded slopes, practical accessibility for maintenance purposes and
proper precautions and fences to prevent public trespass onto certain areas
where impounded water may create a hazardous condition. A Stormwater
Pollution Prevention Plan (SWPPP) shall be prepared by a certified QSD and
the project shall be issued a WDID number through the Regional Water
Resources Control Board and the project downloaded into the SMARTS
program.
In order to control pollutant run-off, the applicanUsubdivider shall demonstrate to
the satisfaction of the City Engineer that all water quality best management
practices shall be designed in accordance with the National Pollutant Discharge
Elimination System (NPDES) standards, and the requirements of California
Regional Water Quality Control Board (San Diego Region) Order No. R9-2009-
0009 (As amended by 2010-0014-DWQ and 2012-0006-DWQ) and City guidelines
and regulations, and shall show evidence satisfactory to the City Engineer that a
permit has been obtained. (PW)
26. Water Quality Management Program .
a. Prior to issuance of a grading permit, the applicanUsubdivider shall submit
concurrently with the grading plans, erosion control plans, and drainage plans
a Final Water Quality Management Program (WQMP), as prepared by a
California State Registered Civil Engineer, to the City Engineer for review and
approval. All erosion and sediment control measures as specified in said
approved WQMP shall be implemented during the grading operation to the
satisfaction of the City Engineer. (PW)
b. Provisions for maintenance by the Owner or Property Manager for the water
quality best management practices identified in the WQMP, of all private
drainage facilities, including retention/detention basins that are made a part of
the National Pollutant Discharge Elimination System (NPDES) permit issued
by the City, and for inspection of open channels and catch basins annually.
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 7 of 10
c. A provision that gives the City the right to assume inspection and maintenance
of any NPDES facilities, if the City determines that the Owner or Property
Manager has not inspected and maintained said facilities in accordance with
the permit requirements, and that, in such event, the Owner shall be financially
responsible to pay City for the costs the City incurs in such inspection and
maintenance role. (PW)
d. A statement indicating that by October first of every year, annual fiscal year
reports will be furnished to the City in compliance with the reporting
requirements of codes and ordinances adopted by the City with respect to the
NPDES program. (PW)
27. Drainage Improvement Plans. Prior to issuance of grading and encroachment
permits, the applicant/subdivider shall submit Drainage Improvement Plans as
prepared by a California State Registered Civil Engineer to the City Engineer
for review and approval. The Drainage Improvement Plans shall be specific to
the project, and be consistent with the City's Drainage Master Plan. These plans
shall show locations of all existing and proposed facilities.
A drainage report shall be required for review and approval by the City Engineer.
The report shall analyze the depth of flow in Paseo Acitvo along the lot frontage
to ensure depth does not exceed the top of curb. Two locations with outlet
emitters will be required to dissipate and control runoff down the slope. Flow
rates shall not exceed existing conditions for all storm events.
If an existing downstream drainage facility, whether it is a storm drain pipe, an
open drainage channel, or an inlet basin, is inadequate or does not meet current
City standards or, in the opinion of the City Engineer, is unsafe to properly carry
the existing discharge and the proposed discharge generated by this project,
the applicant/subdivider shall then, at applicant/subdivider cost, design and
implement alternative methods of improvement for properly conveying such
discharge, free of debris, in a manner acceptable to the City Engineer. Any
deviation from these requirements shall be subject to City Engineer review and
approval. Every proposed drainage system shall be placed within its proper
easement and appropriately dedicated.
Applicant/subdivider shall obtain permission and permit for any work within the
Right of way or if any storm drains are designed to discharge onto another
property/Right-of-Way. (PW)
Trash and waste and asbestos management plans shall be approved by the Public
Works Department, Solid Waste and Recycling Division. Applicant shall also
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 8 of 10
provide a written approval letter from CR&R for trash and waste and asbestos
management areas and haul off plans. Sufficient access shall be provided to allow
solid waste handling truck access and turning radii
28. Connection to Public Drains must be Documented and Filed. Prior to issuance
of grading and encroachment permits, the applicant/subdivider shall
demonstrate to the satisfaction of the City Engineer that any proposed
connections to an existing public drainage system, from on-site drains, must be
approved by the City Engineer and/or Orange County Flood Control District (as
applicable). All documentation and revisions to existing plans, where points of
connections are permitted, shall be provided and submitted by the applicant's
engineer at applicant's expense, prior to acceptance to improvements and
release of performance securities. (PW)
29. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading
and encroachment permits, the applicant/subdivider shall submit to the City
Engineer for review, and shall obtain approval of, a program complying with the
requirements of the California Integrated Waste Management Act of 1989 to
reduce construction and demolition debris through recycling. (PW)
30. Soils/Geology. Prior to issuance of grading and encroachment permits, the
applicant/subdivider shall submit to the City Engineer and Building Official for
their review, and shall obtain approval of, a Soils Report/Geotechnical
Feasibility Study prepared by a certified engineering Geologist and Registered
Soils Engineer to determine the seismic safety, drainage recommendations, and
soils stability of all proposed development improvements for the project and any
affected adjacent properties and to provide preliminary pavement sections and
substructure bedding/backfill recommendations. (PW)
31. Mitigation of Drainage and Grading Problems. Prior to issuance of grading and
encroachment permits, the applicant/subdivider shall adhere to the following
conditions during the entire grading and construction operation: (PW)
a. If any drainage problem is anticipated or occurs during construction, the
applicant/subdivider shall provide and implement a solution acceptable to the
City Engineer, at no cost to the City, and shall submit a recorded instrument to
insure the durability of the solution .
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineer and shall
be subject to a supplemental Geotechnical Soils Report and additional fees.
32. Stormwater Management/Drainage Plan , Hydraulic/Hydrologic Calculations.
Prior to issuance of grading and encroachment permits, the applicant/subdivider
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Mahmoudi Residence
Conditions of Approval
September 28, 2022
Page 9 of 10
shall submit a Drainage Plan which includes the Hydraulic /Hydrology
calculations as prepared by a California State Registered Civil Engineer to the
City Engineer for review and approval. The Drainage Plan shall show existing
and proposed facilities, provide for acceptance of historic drainage from
adjacent upstream properties, show hydraulic and hydrology studies and
calculations and the methods of draining on-site and tributary areas without
exceeding the capacity of any impacted street or facility and without affecting
existing downstream drainage system. Incorporate hydraulic analysis for any
natural drainage courses and/or stream embankments where applicable.
Applicant shall match peak runoff rates for the 25-year and 100-year storm
events. Accommodate run-on from adjacent areas when applicable. Said study
shall be consistent with the City's Master Drainage Plan and in accordance with
all applicable City regulations, Orange County Hydrology and Orange County
Public Works design criteria and requirements. (PW)
33. Bonding and Securities. Prior to issuance of the grading permit, the applicant
shall execute a Grading Surety Agreement with the City and shall provide
performance bonds/securities for 100 percent of each estimated Works of
Improvement costs, inclusive of soft costs (e.g. Materials Testing, Inspection,
Construction Management, Surveying, etc .. ), as prepared by a Registered Civil
Engineer and approved by the City Engineer, and City Attorney for all onsite
and offsite (if applicable) improvements including, but not limited to, street
improvements, signing, grading, storm drains, private slopes, and erosion and
sediment control. (PW)
34. Construction Phasing and Miti gation Program. Prior to issuance of grading and
encroachment permits, the applicant/subdivider shall prepare and adhere to a
Construction Phasing and Mitigation program, approved by the Development
Services Director and Building Official containing, but not limited to, the
following controls: (PW & DSD)
a. Grading:
1. Haul route for the movement of on and off-site of heavy earth-moving
equipment.
2. Location of assembly and storage/service areas for heavy earth-
moving equipment and limits of hours of operation.
3. Control of worker access to site, including hours of work, limits on noise
sources, and dust and soil import/export.
4. Compliance with environmental mitigation measures, including
stockpiles and dust impacts.
5. A schedule and the method of performing the grading, stockpiling and
construction of all improvements in each phase.
Planning Commission Resolution 22-09-28-03
GPM 22-021, ZV 22-006
Conditions of Approval
September 28, 2022
Page 10 of 10 Mahmoudi Residence
b. Enforcement: The Development Services Director and City Engineer may
modify the Construction Phasing and Mitigation Program as they deem
necessary if on-site and offsite observations indicate that construction
activities are creating a nuisance to adjacent property. The
applicant/subdivider shall hire a project enforcement person approved by
the City Engineer to ensure compliance with the Construction Phasing and
Mitigation Program.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE($) OF OCCUPANCY:
35. Completion of All Improvements to the City's Satisfaction. Prior to issuance of a
certificate of occupancy for the single family residence, or prior to acceptance
of the Works of Improvements and release of any performance and labor and
materials securities by the City, whichever occurs first, the applicant/subdivider
shall complete, to the satisfaction of the City Engineer and Assistant Utilities
Director, all Works of Improvements as defined within the Subdivision
Improvement Agreement and related plans required of this development and
necessary to serve the development, including any required off-site
improvements, in accordance with the City approved Improvement Plans, and
approved exceptions, and at the sole cost of applicant. (PW&UD)
Responsible Departments/ Agencies: DSD: Development Services Department
DSD-B&S: DSD-Building & Safety Division
PW: Public Works Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Date: --------
Signature-Authorized Representative
Print Name & Title : -------------------------