PC Resolution-23-07-26-01RESOLUTION NO. 23-07-26-01
GRADING PLAN MODIFICATION (GPM) 19-023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING OF A TIME EXTENSION OF GRADING
PLAN MODIFICATION (GPM) 19-023 AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION RELATED TO A TWELVE-MONTH TIME EXTENSION
OF ENTITLEMENTS GRANTED VIA PLANNING COMMISSION RESOLUTION 22-04-
13-02 AND CITY COUNCIL RESOLUTION 22-06-21-01. THE PROJECT APPROVAL
ALLOWS FOR GRADING ON A VACANT PARCEL TO ACCOMMODATE A NEW
SINGLE-FAMILY RESIDENCE ASSESSOR PARCEL NUMBERS 675-081-11 AND
675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON).
WHEREAS, RRM Design Group, Matthew Ottoson, 32332 Camino
Capistrano, Suite 205, San Juan Capistrano, CA 92675, has requested approval of GPM
19-023, to modify the grade on a 1 .4-acre vacant parcel to create a building pad for the
future development of a single-family residential home with attached garage, pool, deck
and hardscape located on Avenida California identified as APN 675-081-11 and 675-081-
25 (the "Project"). The subject Property, located on the west side of Avenida California,
has a General Plan Land Use Designation of Medium Low Density Residential and a
Zoning Designation of Planned Community (PC), Comprehensive Development Plan
(CDP) 81-01, Hillside Estate; and
WHEREAS, Arsalan Darmal is the owner of real property identified as APN
675-081-11 and 675-081-25 (the "Property" or "Residence"); and
WHEREAS, the proposed Project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and
WHEREAS, the proposed Project at the Residence has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and
WHEREAS, the Grading Plan Modification approvals for this Project would
have otherwise expired as of June 21, 2023, if not extended in accordance with Title 9,
Land Use Code Sections 9-2.323(g); and
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano is
granted the authority to approve time extensions pursuant to Municipal Code Section 9-
1.111 (d)(2); and
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano
may refer a Time Extension to the Planning Commission pursuant to Municipal Code
Section 9-1.111 (e)(2), when the Zoning Administrator determines: (A) That the general
public interest warrants such referral because the nature or intensity of the Project may
cause impacts to surrounding areas or the general public; (8) The applicant is not in
agreement with staff's recommendations on the Project; (C) Public input received on the
Project indicates a substantial level of community concern; (D) The Planning Commission
PC Resolution 23-07-26-01 2 July 26, 2023
has requested to review the Project; or (E) As otherwise determined to be warranted by
the Zoning Administrator; and
WHEREAS, the Zoning Administrator of the City of San Juan Capistrano
determined that the public input and appeal of GPM 19-023 constitutes a substantial level
of community concern warranting the referral of the Time Extension to the Planning
Commission; and
WHEREAS, on July 26, 2023, the Planning Commission held a public
hearing that was duly noticed in a local newspaper and mailed to Property owners
within 1,000 feet of the subject Property; and
WHEREAS, the City's Environmental Administrator has reviewed the
Project and recommended that the Planning Commission find that the Project is
categorically exempt from further review under Section 15332, Infill Development. The
whole of the Project is exempt under Section 15332 because the Project meets the
following required conditions for Class 32: (1) Project is consistent with the applicable
general plan designation and all applicable general plan policies as well as with applicable
zoning designation and regulations; the Project is consistent with the General Plan
designation of medium low density residential as it proposes grading for construction of
a single-family residential structure and related accessory structures and consistence with
the development requirements in Title 9 of the Municipal Code and the Planned
Community (PC) and Comprehensive Development Plan 81-01; (2) The proposed
development occurs within city limits on a Project site of no more than five acres
substantially surrounded by urban uses; the Project is located in the City of San Juan
Capistrano on a site that is less than five acres (1.4 acres) and is substantially surrounded
by urban uses, including the 1-5 Freeway, other single-family residential homes, and a
community park; (3) The Project site has no value, as habitat for endangered, rare or
threatened species; the site is substantially surrounded by developed lots with single-
family homes, a community park, and the 1-5 Freeway, it has previously been improved
with drainage facilities which will be maintained after development and has no value as
habitat for endangered, rare or threatened species; (4) Approval of the Project would not
result in any significant effects relating to traffic, noise, air quality, or water quality; the
Project proposes grading for construction of a single-family residence and related
accessory structures, including an attached garage, and is conditioned to ensure that
there will not be negative impacts to hydrology and water quality as required by local and
state laws and therefore will not result in any significant effects relating to traffic, noise,
air quality, or water quality; (5) The site can be adequately served by all required utilities
and public services; the site is adequately served by all required utilities and public
services. Further, none of the exceptions to the categorical exemptions apply. More
specifically, there is no reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances. The Project is conditioned to ensure
geotechnical control, hydrology control, and erosion control. A Notice of Exemption will
be filed with the County Recorder's Office within 5 working days should the Project receive
final approval; and
PC Resolution 23-07-26-01 3 July 26, 2023
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination 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 July 6, 2023, 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 all documents and evidence submitted, including but not limited to the
staff report and attachments, and materials submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the 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 whole of the Project is
exempt under Section 15332 because the Project meets the following required conditions
for Class 32: (1) Project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations; the Project is consistent with the General Plan designation of medium low
density residential as it proposes grading for construction of a single-family residential
structure and related accessory structures and consistence with the development
requirements in Title 9 of the Municipal Code and the Planned Community (PC) and
Comprehensive Development Plan 81-01; (2) The proposed development occurs within
city limits on a Project site of no more than five acres substantially surrounded by urban
uses; the Project is located in the City of San Juan Capistrano on a site that is less than
five acres (1.4 acres) and is substantially surrounded by urban uses, including the 1-5
Freeway, other single-family residential homes, and a community park; (3) The Project
site has no value, as habitat for endangered, rare or threatened species; the site is
substantially surrounded by developed lots with single-family homes, a community park,
and the 1-5 Freeway, it has previously been improved with drainage facilities which will be
maintained after development and has no value as habitat for endangered, rare or
threatened species; (4) Approval of the Project would not result in any significant effects
relating to traffic, noise, air quality, or water quality; the Project proposes grading for
construction of a single-family residence and related accessory structures, including an
attached garage, and is conditioned to ensure that there will not be negative impacts to
hydrology and water quality as required by local and state laws and therefore will not
result in any significant effects relating to traffic, noise, air quality, or water quality; (5) The
site can be adequately served by all required utilities and public services; the site is
adequately served by all required utilities and public services. Further, none of the
exceptions to the categorical exemptions apply. More specifically, there is no reasonable
possibility that the activity will have a significant effect on the environment due to unusual
circumstances. The Project is conditioned to ensure geotechnical control, hydrology
control, and erosion control. There have been no significant changes to the Project since
it has been approved, therefore, the Class 32 Categorical Exemption still applies to the
extension of time request.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following finding
PC Resolution 23-07-26-01 4 July 26, 2023
as established by Subsection (g) of Section 9-2.323, Grading Plan Modification of Title 9,
Land Use Code of the City of San Juan Capistrano:
1. Grading Plan Modification (GPM) 19-023 was not filed with any other discretionary
applications on the same site for the same development Project; and,
2. A Time Extension request for GPM 19-023 was filed prior to the expiration of the
application approval; and,
3. Notification of the Time Extension request was provided in the same manner as
the original application; additionally, the findings and conditions of approval used
for the approval of the original application remain unchanged; and,
4. The original findings from GPM 19-023 remain unchanged and are memorialized
within Planning Commission Resolution 22-04-13-02 and City Council Resolution
22-06-21-01.
5. The original Conditions of Approval from GPM 19-023 remain unchanged and are
memorialized within Exhibit A to Planning Commission Resolution 22-04-13-02
and within Exhibit A to City Council Resolution 22-06-21-01.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby grants a 12-month time extension
of approvals granted via Planning Commission Resolution 22-04-13-02 and City Council
Resolution 22-06-21-01, subject to those conditions of approval established by Exhibit A
of said Resolutions.
EFFECTIVE DA TE & 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 10,
2023. This Project approval shall be valid for a period of 12 months from the expiration
date of City Council Resolution No. 22-06-21-01, and shall expire on June 21, 2024 unless
a building permit application related to this discretionary approval is issued by 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 ADOPTED this 26th day of July, 2023.
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Director