PC Resolution-23-06-28-01PC RESOLUTION NO. 23-06-28-01
GRADING PLAN MODIFICATION (GPM) 22-025
FLOODPLAIN LAND USE PERMIT (FP) 22-001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF A
GRADING PLAN MODIFICATION (GPM) 22-025 AND FLOODPLAIN LAND USE
PERMIT (FP) 22-001 FOR EWING RESIDENCE, A REQUEST FOR REVIEW OF
PROPOSED GRADING AND SITE IMPROVEMENTS FOR A NEW SINGLE-FAMILY
RESIDENCE LOCATED AT 31491 LA MATANZA STREET (APN: 124-203-24) AND
FINDING THAT SAID ACTIONS ARE EXEMPT FROM CEQA PURSUANT TO STATE
CEQA GUIDELINES SECTION 15303 (APPLICANT: DAVID EWING).
Whereas, David Ewing, 31501 La Matanza Street, San Juan Capistrano CA
92675, (the "Applicant"), has requested approval of Grading Plan Modification (GPM) 22-
025 and Floodplain Land Use Permit (FP) 22-001 for Ewing Residence, a request for
review of proposed grading and site improvements for a new single-family residence
located at 31491 La Matanza Street (APN: 124-203-24) (the "Project"). The Project site
has a General Plan Land Use designation of Medium High Density (MHD) residential a
Zoning designation of Mission Residential District (MRD) -4,000; and
Whereas, the Applicant is the owner of the real property located at Assessor
Parcel Number 124-203-24; and
Whereas, the City's Environmental Administrator has reviewed the Project
and recommends that the Planning Commission find that the project is categorically
exempt from further environmental review pursuant to Section 15303 of Title 14 of the
California Code of Regulations (the "CEQA Guidelines"), Class 3 (a) "New Construction
or Conversion of Small Structures". Class 3 exempts the construction and location of a
limited number of new, small facilities or structures, including single family residence and
accessory structures, including but not limited to garages, carports, patios, swimming
pools and fences. Here, the project includes the construction grading of a property for
construction of a new single-family residence in a residential zone. Accordingly, the
Project qualifies for the exemption pursuant to Section 15303. Further, no exceptions to
the exemption in State CEQA Guidelines, section 15300.2, apply. If the Project receives
final approval, a Notice of Exemption would be filed with the County Recorder's Office
within 5 working days of such approval; and
Whereas, the Planning Commission has considered the Environmental
Administrator's recommendation pursuant to Section 15051 of the California
Environmental Quality Act (CEQA) and has considered all Project environmental
documentation; and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on April 12, 2023, and June 28, 2023 pursuant to Municipal Code Section 9-
2.302. The Planning Commission has considered all public testimony on the proposed
PC Resolution 23-06-28-01 2 June 28, 2023
Project and all relevant public comments and all documents and evidence submitted,
including but not limited to the staff report and attachments, and materials submitted by
the Applicant; and
Whereas, as a procedural matter, the Planning Commission would normally
be the reviewing body and take final action on the Grading Plan Modification application.
However, since Municipal Code Section 9-2.318 (c)(4) requires the Planning Commission
to provide a recommendation for final action on the Floodplain Land Use Permit to the
City Council, staff is presenting all the requested entitlements together as a single
package for Planning Commission review and recommendation for approval by the City
Council, in accordance with Municipal Code Section 9-2.301 U)(1) which authorizes
referral of a request for a land use· decision to the reviewing authority designated as the
appeal body for that type of land use application; and
Whereas, all other legal prerequisites to the adoption of this Resolution
have occurred.
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 15303, Class 3, "New Construction." The project involves the
construction grading of a property for construction of a new single-family residence in a
residential zone. In addition, none of the exceptions to the exemptions in State CEQA
Guidelines, section 15300.2, apply. Specifically, the project:
a. Is not located in a particularly sensitive environment. The project is
located in a urbanized area and is not environmentally sensitive.
b. 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
grading of a property for construction of a new single-family residence in a
residential zone. Once the single-family residence is built, the likelihood of
a successive project on this site is low and p,robability of a cumulative impact
is low.
c. Is not marked by unusual circumstances. There is nothing unusual
about the construction of a new single-family residence within the City and
in a residential zone.
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.
The Planning Commission hereby directs staff to prepare, execute and file
with the Orange County Clerk a Notice of Exemption within five (5) working days of
Project's approval and adoption of this Resolution.
PC Resolution 23-06-28-01 3 June 28, 2023
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval of the Project based upon the following findings pursuant to Municipal Code
Section 9.2.323 of Title 9, Land Use Code of the City of San Juan Capistrano with respect
to Grading Plan Modification (GPM) 21-024 for onsite grading under Municipal Code
Section 9-2.323(f), subject to the conditions of approval identified in Exhibit A attached to
this Resolution and incorporated herein by reference:
1. The proposed grading modifications are consistent with the General Plan, Land
Use Code, and Design Guidelines because the proposed grading, which involves
648.9 cubic yards of cut and 1 ,306 cubic yards of total compacted fill for a total
import of 657.1 cubic yards of soil, is allowed and no protected ridgelines exist on
the project site. The proposed grading is designed to elevate the existing pad
above the flood zone and to accommodate development of the site. The grading
would conform to the requirements of appropriate soils and geology reports and
would be performed under the supervision of a qualified soils engineer. The
proposed landscaping has been designed to minimize erosion and to provide
screening. There is no applicable specific plan or comprehensive development
plan for this property.
2. The proposed grading modifications are generally consistent with the site plan,
preliminary grading plan, landscape plan, grading standards, and design concepts
because the site has no previously approved grading plan, landscape plan, grading
standards, or design concepts. The proposed grading modification is consistent
with the site plan because the site currently contains a 364 square foot storage
building, and the proposed site plan will include a single-family residence,
permitted by right within the MRD-4,000 zone, and does not modify the existing
property boundaries. Further, the proposed grading is generally consistent with the
surrounding properties and the proposed grading would not cause an impact to the
grades of the surrounding properties with the use of short retaining walls, thereby
minimizing impact to adjacent properties.
3. The proposed grading would remain consistent and compatible with immediately
adjacent lots or units, including, to the extent possible, blending of slopes with
adjacent property boundaries, rounding of slopes at both top and bottom to blend
the grading into the existing terrain, and incorporating a design which harmonizes
the design with the natural contours of the property and surrounding lots and limit
the heights of retaining walls where necessary.
4. The proposed modified grading plan shows the location of proposed building
footprints which meet all required minimum setbacks for buildings as defined in the
MRD-4,000 district, including minimum setbacks from the tops and toes of slopes,
as provided within Municipal Code Section 9-4.513, Graded Slopes.
5. The proposed modified grading would not cause adverse impacts to other
properties, including but not limited to potential impacts on hydrology, water
PC Resolution 23-06-28-01 4 June 28, 2023
quality, views, trail easements, or other aspects of development because the
proposed grading plan is designed to not cause adverse impacts to surrounding
properties, hydrology, and water quality. Furthermore, the project will not impact
views and is not located adjacent to a trail easement; and the plans are subject to
Plan Check review by the City's Engineering Department to ensure that grading
does 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 that
the proposed grading would not result in any negative impacts to hydrology and
water quality as required by local and state laws. The grading modifications would
not impact views or trail easements because the property proposed to be graded
is surrounded by single-family residences, and not adjacent to any trails or access
easements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommend City Council
approval of the Project based upon the following findings pursuant Municipal Code
Section 9-2.321 of Title 9, Land Use Code of the City of San Juan Capistrano with respect
to Floodplain Land Use Permit (FP) 21-003 for development improvements within a flood
zone, subject to the conditions of approval identified in Exhibit A attached to this
Resolution and incorporated herein by reference:
1 . The application complies with all the location and land use standards for uses or
structures as set forth in Section 9-3.405 of the Land Use Code because the site
will be graded to elevate the proposed buildings above the 100-year floodplain
elevation, and the applicant will pursue a CLOMAR or a CLOMR-F through the
Federal Emergency Management Agency, if necessary, to adjust the FIRM Maps
to reflect current and proposed grades, as conditioned .
2. Approval of the application will not result in a discernible net increase in water
surface elevation, will not create or exacerbate erosive velocities within special
flood hazard areas, and will not contribute to flooding of other properties not
previously inundated by the 100-year storm event because the Project proposes
to fill portions of the site with approximately 1,300 cubic yards, 657 cubic yards of
import soil, to raise levels one foot above the Base Flood Elevation. Although the
Project site is within a 100-year floodplain, the proposed Project includes a
Hydrology study specifying that proposed buildings would be elevated above flood
depths anticipated for site development as well as ensure that the development
will not exacerbate erosive velocities within special flood hazard areas, and will not
contribute to flooding of other properties not previously inundated by the 100-year
storm event. Furthermore the applicant will pursue a CLOMAR and LOMAR or a
CLOMR-F and LOMR-F through the Federal Emergency Management Agency to
adjust the FIRM Maps to reflect current and proposed grades, as conditioned.
3. Development and use of the property as proposed is consistent with General Plan
policies regarding flood control, public safety, aesthetics, and resource protection
because the proposed Project will complement the existing aesthetics of the area,
which are also developed with single-family residence, and existing grade
PC Resolution 23-06-28-01 5 June 28, 2023
elevations of the adjacent properties, while remaining consistent with the following
General Plan Goals and Policies:
Conservation and Open Space Element, Policy 5.2: Ensure that new development
integrates and preserves areas designated for scenic, historic, conservation, or
public safety reasons. The project has been designed to elevate proposed
buildings above the 100-year floodplain elevation and create no impacts to existing
trails and open space.
Floodplain Management Element, Goal 1: Protect life and property from
floodwaters. The development of the site will assist in managing floodwaters by
raising the site above the 100-year plain elevation and providing best practice
methods to collect and appropriately discharge runoff.
4. The proposed use and development of the property are consistent with all other
applicable requirements of the Municipal Code and of the Federal Emergency
Management Agency, California Fish and Game Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete. The project is designed in
compliance with Title 9, Land Use Code for new development projects. The
proposed project is consistent with all other applicable requirements of the
Municipal Code, California Fish and Wildlife Department, United States Army
Corps of Engineers, and Regional Water Quality Control Board requirements in
effect at the time the application was deemed complete. Prior to issuance of a
grading or building permit, the applicant is conditioned to demonstrate that the
proposed project complies with the applicable Federal Emergency Management
Agency requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends City Council
approval of the CEQA exemption and Grading Plan Modification (GPM) 22-025 and
Floodplain Land Use Permit (FP) 22-001, subject to those conditions of approval that are
applicable to these entitlements as established by Exhibit A, which is attached hereto and
incorporated herein by reference.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
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.
PC Resolution 23-06-28-01 6 June 28, 2023
PASSED, APPROVED AND ADOPTED this 8th day of June, 2023.
Joe
Se
t Services Director
Project#:
EXHIBIT A
RESOLUTION#: 23-06-28-01X
CONDITIONS OF APPROVAL
GPM 22-025 & FP 22-001
31491 La Matanza Street
June 28, 2023
Project Name:
APPROVAL DATE:
These conditions of approval apply to GPM 22-025 to modify the grade on a vacant
parcel to create a building pad for the future development of a single-family residence at
31491 La Matanza Street (APN 124-203-24) and FP 22-001 to grade for a new single-
family residence within a flood zone (the "Project"). The subject property, is a vacant lot
located on the west side of La Matanza Street approximately 50' north of Acjachema
Street. 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. Grading Plan Modification (GPM) 22-025 and FP 22-001 is granted to
allow for the modification of the grade on a vacant parcel within the flood
zone to create a building pad for the future development of a single-family
residence. The proposed grading activities involve 648.9 cubic yards of
cut, mainly for over excavation, and 1,306 cubic yards of fill and visible
retaining walls of 2'-6" in height. Approval is granted based on the
development plans submitted by David Ewing, on February 14, 2023. 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. This approval shall expire twelve (12) months after
the approval unless the permits for 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 thirty (30) days prior to the expiration
date of this approval, except as otherwise approved by the Development
Services Director.
Planning Commission Resolution 23-06-28-01
GPM 22-025 & FP 22-001
31491 La Matanza St
Conditions of Approval
June 28, 2023
Page 2 of 6
2. 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.
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.
Planning Commission Resolution 23-06-28-01
GPM 22-025 & FP 22-001
31491 La Matanza St
Conditions of Approval
June 28, 2023
Page 3 of 6
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
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.
11 . Archaeological Monitoring. A qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County)
shall be retained by the Project Applicant and shall be present at pre-
construction meetings to advise construction contractors about the
sensitive nature of any potential cultural resources located on and/or in the
vicinity of the Project site, as well as monitoring requirements. A qualified
monitor (defined as an individual with a bachelor's degree in anthropology
with archaeological monitoring experience), supervised by the qualified
archaeologist, shall observe on and off-site construction activities that
result in trenching, site clearing, grading, and/or excavating on or below
the original ground surface (including during Project-related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and
roadway improvements). Should nonhuman cultural resources be
discovered, the monitor shall have the power to temporarily halt or divert
construction activities until the qualified archaeologist can determine if the
resources are significant and, if significant, until recovered by the
archaeologist. In the event that human remains are discovered,
construction activities shall be halted or diverted until the provisions of
Section 7050.5 of the Health and Safety Code and Section 5097.98 of the
Public Resources Code have been implemented.
12. Native American Monitoring. During construction/grading activities, a
Native American monitor shall observe construction/grading activities that
result in trenching, site clearing, grading, excavating, and/or trenching on
or below the original ground surface (including during Project-related off-
site utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). The Native American
monitor shall consult with the archaeological monitor regarding objects
and remains encountered during grading that may be considered sacred
or important. In the event that evidence of human remains is discovered,
the Native American monitor shall verify that the archaeologist has notified
the Coroner.
13. Federal Emergency Management Agency (FEMA) Compliance. Prior to
the issuance of any Grading Permits applicant shall receive approval from
Planning Commission Resolution 23-06-28-01
GPM 22-025 & FP 22-001
31491 La Matanza St
Conditions of Approval
June 28, 2023
Page 4 of 6
FEMA for a Conditional Letter of Map Revision based on Fill (CLOMR-F)
or a Conditional Letter of Map Revision (CLOMR), if applicable, and
required per FEMA. Architectural and structural plans shall be prepared in
accordance with the most recent version of the City of San Juan
Capistrano Floodplain Management regulations, all NFIP and FEMA
floodplain requirements, and FEMA Title 44 Chapter I Part 60
requirements including but not limited to Subparagraphs 60.3(c)(3)(ii) and
60.3(c)(4) of the NFIP regulations.
Public Works -Engineering
14. Prior to submission of the Final Grading Plans the applicant shall ensure
the entire site drains to La Matanza Street. Drainage onto adjacent private
property is not permitted. The Final Grading Plans shall incorporate
adequate information to ensure all sides of the property, including the
north side of the property, drain to La Matanza Street. To ensure the north
side of the Project is draining in an acceptable manner the sidewalk on the
north side of the property may need to be lowered to convey runoff from
the adjacent landscaped area or an additional wall may need to be added
along the northern property line to avoid cross lot drainage.
15. Submit electronic and hard copies of all applicable documents listed on
the "Plan Check Submittal Requirements" form located at the Building and
Planning Counter. This includes and is not limited to: a Final WQMP,
Geotechnical report with wet ink signatures (report or addendum letter
cannot be over one (1) year old), Hydrology and Hydraulic analyses/report
(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.), retaining wall
calculations, a Storm Water Pollution Prevention Plan (SWPPP) to
mitigate erosion and sediment form leaving the site during construction
activities, Erosion and Sediment Control Plans (ESCP) including backup
calculations and data, and an engineer's cost estimate for grading
activities (including retaining walls), erosion/sediment control BMPs, and
any off-site improvements.
16. The Project site is located within the special flood hazard area (SFHA).
The structure as well as all electrical, plumbing, and mechanical
equipment shall be designed in compliance with the National Flood
Insurance Program (NFIP) and Building Code standards. The building pad
shall be located 1-foot above the base flood elevation (BFE). All electrical
and mechanical equipment shall be anchored and located at or above the
BFE. Conduits and other ancillary electrical and mechanical components
shall be watertight. An elevation certificate will be required for submittal
Planning Commission Resolution 23-06-28-01
GPM 22-025 & FP 22-001
31491 La Matanza St
prior to the Certificate of Occupancy.
Conditions of Approval
June 28, 2023
Page 5 of 6
17. Utilize City Standard sheet layout and size as well as Standard Notes, as
applicable.
18. Incorporate profiles to show adequate vehicle clearance at driveway(s)
location(s). Maximum driveway grade shall be 5% for 18 feet directly back
of sidewalk, or as approved by the City Traffic Engineer.
19. Dry Utilities (Electric, Telephone, Cable TV, Gas). Prior to Grading Permit
issuance, the applicant shall submit to the City Engineer for review, and
shall obtain approval of, Electrical, Gas, Telephone and Cable Television
installation plans to ensure compatibility with existing and proposed
improvements. All utility facilities shall be underground, unless otherwise
required by the utility. Vaults, transformers, juncture boxes, or any similar
devices shall not be permitted above ground. Any deviation from these
requirements shall be subject to prior City Engineer review and approval.
(PW.)
20. Provide engineer cost estimate for grading, drainage, and erosion/
sediment control BMPs.
Santa Margarita Water District
21 . The installation of water and sewer laterals may be deferred until
construction of the proposed house under subsequent Building Permit.
22. Civil Drawing -Precise Grading Plan General Notes (GN) 39 and 40 on
Sheet 1 of 8 (C-1) shall be modified to state if the notes apply to W&S
improvements within private property. If not within private property or
instead within public right-of-way (ROW), GN 39 & 40 shall be changed to
reference SMWD standard details and not CSJC standards.
23. Civil Drawing -Precise Grading Plan Sheet 4 of 8 (C-3) shall provide pipe
invert elevations for W &S lateral connections to existing SMWD pipelines
within La Matanza Street. In addition, the Centerline Street Station of
W&S lateral connections to SMWD improvements shall be indicated. The
W&S improvement connection drawing only shall have a signature
approval block for the SMWD Chief Engineer RCE 57880 with a note that
indicates "SMWD Approval is for Public Water and Sewer Facilities Only."
24. Civil Drawing -Precise Grading Plan Sheet 4 of 8 (C-3) shows
Construction Notes 18 & 19 which reference CSJC standards instead of
Planning Commission Resolution 23-06-28-01
GPM 22-025 & FP 22-001
31491 La Matanza St
Conditions of Approval
June 28, 2023
Page 6 of 6
SMWD standard -revise to indicate the correct SMWD connection
standard drawing or detail.
25. The new residential sewer lateral (per CN 19) shown on Civil Drawing-
Precise Grading Plan Sheet 4 of 8 (C-3) shall be located a minimum of 5-
feet away from any property line as required by SMWD standards.
26. Civil Drawing-Precise Grading Plan Sheet 4 of 8 (C-3) for SMWD
approval of W&S improvements only and shall end at the private property/
public ROW line (shall not extend into the site as part of the C-3 plan).
The on-site sewer system shall be shown instead on a separate
mechanical / electrical / plumbing plan that is submitted to and approved
by the CSJC Building Department.
27. AutoCAD files of Civil Drawing Precise Grading Plan Sheet 4 of 8 (C-3)
W&S improvements shall be provided by the owner or design consultant
to SMWD when all associated fees are paid and W&S plans are signed.
AutoCAD files provided shall meet all SMWD digital file requirements or
standards.