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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.