Resolution Number 23-09-19-011 9/19/2023
RESOLUTION NO. 23-09-19-01
TIME EXTENSION OF GRADING PLAN MODIFICATION (GPM) 19-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DENYING THE APPEAL OF THE PLANNING
COMMISSION’S ADOPTION OF RESOLUTION 23-07-26-01, AND
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 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; and,
WHEREAS, the proposed project 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 expire 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; (B) The applicant is not in
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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
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, this public hearing 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 determined 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 I-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 I-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 would
be filed with the County Recorder’s Office within 5 days should the project receive final
approval; and,
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WHEREAS, the City Council has considered the Environmental
Administrator's determination pursuant to Section 15074 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 26, 2023, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and 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; and,
WHAREAS, on August 8, 2023, the City received an appeal of the Planning
Commission approval made on July 26, 2023. The appeal was received from Doug Main,
President of the Pacifica San Juan Community Association; and,
WHEREAS, the August 8, 2023, appeal made the following assertions
(quoted directly from the appeal):
Our primary concern pertains to the inconsistency between the approved
grading plan and the subsequent development plans submitted under Building Permit
B23-0700.
The original grading plan approval indicated that the grading project would
involve 900 cubic yards of cut and 2000 cubic yards of fill, resulting in a balanced import
volume of 1900 cubic yards. The objective was to create a level building pad for future
development, as explicitly stated in the grading plan approval.
However, the building permit documentation, specifically Building Permit
B23-0700, reveals a deviation from this originally approved grading plan. The submitted
building permit depicts the inclusion of a basement as part of the proposed development,
which was not included or accounted for in the approved grading plan.
This discrepancy raises significant concerns about the compatibility of the
proposed grading and development.
In light of this incongruity, we respectfully request that the applicant be
directed to resubmit a new grading plan application that accurately reflects the proposed
building, including the basement.
A clear and accurate representation of the proposed grading and foundation
work is essential to ensure that the construction process aligns with the original intent of
the approved grading plan and meets all necessary regulations and standards. We
believe that a comprehensive and accurate grading plan is essential for the successful
and harmonious development of the project while upholding the highest standards of
environmental protection and community wellbeing.
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WHEREAS, on September 19, 2023, the City Council conducted a duly-
noticed appeal hearing pursuant to SJCMC Section 9-2.311 to consider public testimony
on the Appeal; and,
WHEREAS, the findings and conclusions made by the City Council in this
Resolution are based upon the oral and written evidence presented as well as the entirety
of the administrative record, which is incorporated herein by this reference. The findings
are not based solely on the information provided in this Resolution; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
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
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
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 I-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 I-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.
5 9/19/2023
NOW THEREFORE BE IT RESOLVED, the City Council makes the
following findings and determinations as to the Appellant’s assertions in the August 8,
2023, appeal:
A.A proposed basement, immediately beneath a residential structure
would result in no change to the building pad elevation, finished first floor elevation, or
retaining walls approved through GPM 19-023.
B.Permit plans are substantially consistent with GPM 19-023 plans
approved by the City Council on June 21, 2022, and do not warrant a new Grading Plan
Modification review.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the oral
and written evidence presented as well as the entirety of the administrative record for the
Project, the City Council hereby denies the Appeal and affirms the Planning
Commission’s approval of a Time Extension to Grading Plan Modification (GPM) 19-023
made on July 26, 2023, subject to those conditions of approval established by Exhibit A
to Planning Commission Resolution 22-04-13-02 and City Council Resolution 22-06-21-
01.The City Council’s decision is final. Judicial review of this decision may be sought by
following the procedure outlined in Code of Civil Procedure Section 1094.5 and within the
time limits provided in Code of Civil Procedure Section 1094.6, except that where a
shorter time is provided by any state or federal law, such shorter time limit shall apply.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby make the following findings as established
by, Subsection (g) of Section 9-2.323, Grading Plan Review and Modification of Title 9,
Land Use Code of the City of San Juan Capistrano:
A.Grading Plan Modification (GPM) 19-023 was not filed with any other
discretionary applications on the same site for the same development Project; and,
B.A Time Extension request for GPM 19-023 was filed prior to the
expiration of the application approval; and,
C.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,
D.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.
E.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.
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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 the
record of proceedings.
NOTICE OF EXEMPTION: The City Council herby directs Staff to prepare,
execute, and file a Notice of Exemption within five working days after the City Council
approves this Resolution.
SEVERABILITY: If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of
this Resolution are severable.
EFFECTIVE DATE AND EXECUTION: This Resolution shall become
effective upon its adoption. The Mayor shall sign this Resolution and the City Clerk shall
attest to the adoption thereof.
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 19th day of September 2023.
_____________________________________
HOWARD HART, MAYOR
ATTEST:
_______________________________
MARIA MORRIS, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 23-09-19-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
19th day of September 2023, by the following vote:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Campbell
____________________________
MARIA MORRIS, CITY CLERK