PC Resolution-21-07-28-02PC RESOLUTION NO. 21-07-28-02
GRADING PLAN MODIFICATION (GPM) 19-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST FOR A GRADING PLAN
MODIFICATION RELATED TO THE MODIFICATION OF THE GRADE ON A VACANT
PARCEL TO CREATE A BUILDING PAD FOR THE FUTURE DEVELOPMENT OF A
SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED AT 31721 PEPPERTREE
BEND (APN 649-342-05) KAGAWA RESIDENCE (APPLICANT: JAMES GLOVER
HOME, INC.)
Whereas, James Glover Home, Inc, 221 S. Ola Vista, Suite 220 San
Clemente, CA 9267 4, has requested approval of GPM 19-024, to modify the grade on a
vacant parcel to create a building pad for the future development of a single-family
residential home located at 31721 Peppertree Bend (APN 649-342-05). The subject
property, located on the south northwest side of Peppertree Bend, has a General Plan
Land Use Designation of Very Low Density Residential and a Zoning Designation of
Single-Family 40,000 (RSE-40,000); and,
Whereas, Tsunekzu & Aldina Kagawa are the owners of real property
located at 31721 Peppertree Bend (APN 649-342-05); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under Section 15332, In-Fill
Development (Class 32). The entire project is exempt per Section 15332 because the
project meets the required conditions for Class 32. The project is consistent with the
General Plan and Title 9 of the Municipal Code, Land Use. The project site is less than
five acres (2.15 acres); is substantially surrounded by urban uses and has no value as
habitat for endangered, rare or threatened species, no significant effects relating to traffic,
air quality, or water quality; and is adequately served by all required utilities and public
services. A Notice of Exemption (NOE) will be posted should the project receive final
approval; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 28, 2019, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and has considered all relevant public
comments; and,
PC Resolution 21 -07-28-02 2 July 28, 2021
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entire project is Categorically
Exempt from further review under the California Environmental Quality Act per State
CEQA Guidelines Section 15332; Class 32 "In-Fill Development". The entire project is
exempt per Section 15332 because the project meets the required conditions for Class
32. The project is consistent with the General Plan and Title 9 of the Municipal Code,
Land Use. The project site is less than five acres (1.23-acres); is substantially surrounded
by urban uses and has no value as habitat for endangered, rare or threatened species no
significant effects relating to traffic, air quality, or water quality; and is adequately served
by all required utilities and public services.
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 allowed for the project site, which permits the development of
single family residential structures. Furthermore, the project has been designed to
maintain natural landform grading where possible, follows the natural conjures of
the land through a stepped development, minimized the heights of all proposed
retaining walls by adding tiers where possible and installing landscaping between,
and providing an extensive landscape plan which ensures all grades slopes can
be secured from erosion as well as significant retaining walls being screened from
visibility;
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, which was subdivided in 1979 through Tract 10593;
3. The proposed grading will remain compatible with adjacent lots, including
maintaining the existing slopes along the adjacent property boundaries and a
design which maintains to the greatest extent the natural contours of the property
and surrounding lots as shown on the plans, and do not affect the overall
topography of adjacent properties;
4. The 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 40,000 (RSE-40,000) zoning district development
standards, including minimum setbacks for building and minimum setbacks from
the tops and toes of slopes as defined by Section 9-4.313; and
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
PC Resolution 21 -07-28-02 3 July 28, 2021
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 grading and retaining walls are
proposed to be substantially screened from visibility by the proposed new
residence and substantial landscaping, and the grading does not encroach or alter
any trial system.
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 following expiration of the fifteen ( 15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, August 12,
2021. 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 13, 2022 unless a time extension
request or building permit application related to this discretionary approval is submitted
to the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND AD ED this 23th day of July, 2019.
Harri,
Development
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
EXHIBIT A
RESOLUTION #: 21-07-28-02
CONDITIONS OF APPROVAL
GPM 19-024
Kagawa Property
July 28, 2021
August 13, 2021
August 13, 2022
These conditions of approval apply to Grading Plan Modification (GPM) 19-024, a
request to modify the grade on a vacant parcel to create a building pad for the future
development of a single-family residence. The proposed grading activities involve 2,500
cubic yards of cut and 3,900 cubic yards of fill for a total import volume of 1,400 cubic
yards for the vacant property 31721 Peppertree Bend (APN 649-342-05) located on the
northwest side of Peppertree Bend. 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) 19-024 and 19-002, is granted to allow
for the modification of the grade on a vacant parcel to create a building
pad for the future development of a single-family residence. The proposed
grading activities involve 2,500 cubic yards of cut and 3,900 cubic yards of
fill for a total import volume of 1,400 cubic yards. Approval is granted
based on the development plans submitted by James Glover Home, Inc,
on June 21, 2021. Said plans are approved as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Development Services Director to be in substantial
conformance with the approved plans, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Development Services Director upon submittal of an
application and the required deposit or fee. If not appealed, this approval
shall become effective on the first business day following the fifteenth
(151h) day after the date of Planning Commission approval and shall expire
twelve (12) months after the approval unless the use or occupancy which
is the subject of this action has taken place and all conditions of approval
have been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Development
Services Department, along with the required deposit or fee, at least
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
Planning Commission Resolution 21-07-28-02
GPM 19-024
Kagawa Residence
Conditions of Approval
July 28, 2021
Page 2 of 3
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 9ity regulations or
requirements.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
6. That the conditions of approval contained herein, shall be made part of the
construction drawings for the proposed development. Construction
drawings shall not be accepted for Plan Check without the conditions of
approval incorporated into the construction drawings.
7. In the event that exhibits and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
8. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
9. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
Planning Commission Resolution 21-07-28-02
GPM 19-024
Kagawa Residence
Conditions of Approval
July 28, 2021
Page 3 of 3
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
10. The applicant shall schedule a final inspection by the Planning
Department a minimum of one week prior to final inspection by the
Building and Safety Department,
Public Works -Engineering
11 . Prior to the issuance of a building permit, an Encroachment Permit is
required for construction work, activities, staging or equipment/vehicle
storage in the public right-of-way. Applications and approvals for
engineering permits are processed by the Engineering Division of the
Public Works and Utilities Department.
12. Prior to the issuance of a building permit, 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.
Applicant Acceptance of Conditions of Approval:
By:~
Signature
By: James Glover
Applicant Name (print name)
Its: Principal
Title
07/29/2021
Date