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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 : -------------------------