PC Resolution-23-10-11-01PC RESOLUTION NO. 23-10-11-01
GRADING PLAN MODIFICATION (GPM} 22-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF GRADING PLAN MODIFICATION
(GPM} 22-016 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
RELATED TO THE MODIFICATION OF THE GRADE ON A VACANT PARCEL AT
PROPERTY ADDRESSED AS 31631 AVENIDA EVITA (APN: 641-091-38) AND
FINDING THAT SAID ACTION IS EXEMPT FROM CEQA PURSUANT TO STATE
CEQA GUIDELINES SECTION 15332 AND 15303 (APPLICANT: THE FOX GROUP}
Whereas, The Fox Group, 2290 E. Murray Holladay Road, Holladay, Utah
84117 (the "Applicant"), has requested approval of Grading Plan Modification (GPM) 22-
016 to modify the grade on an existing vacant parcel to accommodate a new single-family
residence and related accessory structures (the "Project") at 31631 Avenida Evita San
Juan Capistrano, CA 92675 (APN: 641-091-38) (the "Property"). The proposed grading
activities involve 2,974 cubic yards of cut and 1,307 cubic yards of fill, for a total export
volume of 1,667 cubic yards, with a series of retaining walls up to 8' in height; and
Whereas, the Property, generally located on a vacant lot west of the
intersection of Via Estelita and Avenida Evita, has a General Plan Land Use Designation
of Very Low Density and a Zoning Designation of Single-Family (RSE) 40,000; and
Whereas, Kipling and Samantha Sheppard are owners in fee of the
Property; and
Whereas, the proposed Project at the Property has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and
Whereas, the City's Environmental Administrator has recommended that
the Planning Commission find that the Project is categorically exempt from further review
under the California Environmental Quality Act Guidelines 14 California Code of
Regulations Section 15332 In-Fill Development (Class 32) as well as Section 15303,
Class 3, New Construction or Conversion of Small Structures. Here, the entire Project is
exempt under Section 15332 In-Fill Development (Class 32) because the proposed
single-family residential use meets all required conditions for exemption, further, the
Project is exempt under 15303 because the project entails a request to construct one
single-family residence with accessory (appurtenant) structures. Therefore, the project
meets the criteria for the Class 32 and Class 3 categorical exemption; and
Whereas, the Planning Commission has considered the Environmental
Administrator's recommendation pursuant to Section 15051 of the California
Environmental Quality Act (CEQA), has considered all Project environmental
documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public
PC Resolution 23-10-11-01 2 October 11 , 2023
hearing on October 11, 2023, pursuant to Municipal Code Section 9-2.302. The Planning
Commission has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report, attachments, and materials submitted by the Applicant; 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 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) The 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 Very Low
Density Residential as it proposes a single-family residence and accessory structures
which are consistent with the development requirements in Title 9 of the Municipal Code;
(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 San
Juan Capistrano on a site that is less than five acres (1 acre) and is substantially
surrounded by urban uses, including the other single-family residential homes and
accessory structures located within the same neighborhood; (3) The project site has no
value, as habitat for endangered, rare or threatened species; the site is substantially
surrounded by previously disturbed and developed lots with existing single-family
residences and accessory structures; ( 4) Approval of the project would not result in any
significant effects relating to traffic, noise, air quality or water quality; the project proposes
a new single-family residence and accessory structures and would not have any
significant effects related 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 currently
surrounded by existing single-family residences and accessory structures which are
adequately served by all required utilities and public services and the new residence will
also be able to connect to these services and utilities. 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. The city's Environmental Administrator has further
determined that the project is additionally categorically exempt from further environmental
review under Section 15303, Class 3, New Construction or Conversion of Small
Structures. Here, the entire Project is exempt per Section 15303 because the project
involves the construction of one single-family residence and related accessory structures
on a residentially zoned lot.
The City has also considered whether the Project is subject to any of the six (6) exceptions
that would prohibit the use of a categorical exemption as set forth in the State CEQA
Guidelines Section 15300.2, as follows:
PC Resolution 23-10-11-01 3 October 11 , 2023
a. Is not located in a particularly sensitive environment. The site is in the center of an
existing residential neighborhood where nearly every surrounding lot has been
developed.
b. Once the home is constructed, 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 of a single-family residence in a single-family residential
neighborhood. Once the home is built, the likelihood of a successive project (i.e.,
tear down and rebuild) on this site is low and probability of a cumulative impact is
low.
c. Is not marked by unusual circumstances. There is unusual about the construction
of a single-family residence in a single-family residential neighborhood.
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.
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.
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 Modification of Title 9,
Land Use Code of the City of San Juan Capistrano with respect to Grading Plan
Modification (GPM) 22-016, 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 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 contours of
the land through a stepped development with multiple building pads, and
minimizes the height and exposure of retaining walls where possible;
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 no structures or modifications,
and the proposed site plan will include a single-family residence, permitted by right
within the RSE-40,000 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 relatively low retaining walls, thereby
minimizing impact to adjacent properties.
PC Resolution 23-10-11-01 4 October 11 1 2023
3. The proposed grading would 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 Residential (RSE-40,000) zoning district
development standards, including all 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 modified grading would 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. The proposed
grade change is subject to Plan Check review by the City's Engineering
Department; 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 would 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 designed to limit visual
impact to other properties and the grading does not encroach or alter any trail
system.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the Grading Plan
Modification (GPM) 22-016, subject to those conditions of approval established by Exhibit
A, attached hereto and incorporated herein.
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, 30448 Rancho Viejo Road, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of
records for the record of proceedings.
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, October 26,
2023. 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 October 27, 2024, unless a time
extension request or grading permit application related to this discretionary approval is
issued by the City prior to that date in accordance with the applicable provisions of the
Land Use Code.
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
PC Resolution 23-10-11-01 5 October 11 , 2023
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
SEVERABILITY: If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution. The Planning Commission of the City of San
Juan Capistrano hereby declares that it would have adopted this Resolution and each
section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
PASSED, APPROVED AND ADO 11 th day of October 2023.
Joel Rojas
Project#:
RESOLUTION#: 23-10-11-01
CONDITIONS OF APPROVAL
GPM 22-016
Project Name: Sheppard Residence
These conditions of approval apply to GPM 22-016, to modify the grade on a vacant
parcel to create a building pad for the future development of a single-family residence
with attached garage and additional accessory structures located at 31631 Avenida
Evita (APN 649-091-38). The proposed grading activities involve 2,974 cubic yards of
cut and 1,307 cubic yards of fill, and a series of retaining walls up to 8' in height. 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) 22-016, 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 with attached garage
and additional accessory structures. The proposed grading activities
involve 2,974 cubic yards of cut and 1,307 cubic yards of fill for a total
import volume of 1,667 cubic yards, and maximum visible retaining wall
heights of 8' tall. Approval is granted based on the development plans
submitted by Brigham Ricks, on June 27, 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. Major modifications to this approval which are
determined by the Development Services Director to not be in substantial
conformance with the approved plans, require submittal of updated
application materials and the required application deposit. This Project
approval shall become effective following expiration of the fifteen (15) day
appeal period without filing of an appeal application. If not appealed, 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 October 27, 2024,
unless a time extension request or grading permit related to this
discretionary approval is issued by the City prior to that date in
accordance with the applicable provisions of the Land Use Code.
Planning Commission Resolution 23-10-11-01
GPM 22-016
Sheppard Residence
Conditions of Approval
October 11, 2023
Page 2 of 9
2. 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
Development Services Director. 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 applicant
shall select counsel reasonably acceptable to the City of San Juan
Capistrano. Counsel to applicant's insurance carrier that is providing
coverage for a Claim shall be deemed reasonably satisfactory, except in
the event of a potential or actual conflict of interest for such counsel
regarding such representation or such counsel proves to be incompetent
regarding such representation. Even though the applicant shall defend
the Claim, the City may, at City's option and expense, engage separate
counsel to advise it regarding the Claim and its defense. The City's
separate counsel may attend all proceedings and meetings. The
applicants counsel shall reasonably cooperate with the City's separate
counsel.
3. 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.
4. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery and/or recovery
of materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
5. Compliance with Outside Requi rements. Approval of this application does
not relieve the applicant from complying with pother applicable Federal,
State, County or City regulations or requirements. To the extent not
precluded by the Government Code Section 65961, the applicant shall
comply with all requirements of the Municipal Code, all requirements of
City ordinances, resolutions, and all applicable standards and policies that
are in effect at the time that the building permits are issued for the
Planning Commission Resolution 23-10-11-01
GPM 22-016
Conditions of Approval
October 11, 2023
Sheppard Residence Page 3 of 9
6.
development. 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.
Signed Plans. All plans, specifications, studies, reports, calculations,
maps, notes, legal documents, and designs shall be prepared, stamped
and signed if required, only by those individuals legally authorized to do
so.
7. Applicant Responsibilities. 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.
8. Fees. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
ANY GRADING AND/OR ENCROACHMENT PERMIT(S):
Public Works Engineering Division
9. Dry Utilities (Electric, Telephone, Cable TV, Gas) Plans. Prior to approval
of the grading plans, the applicant/sub-divider shall submit concurrently
with the Street/Sewer/Water/Drainage Improvement Plans/Landscape
Irrigation, all Electrical, Gas, Telephone and Cable Television installation
plans to the City Engineer for review and approval, to ensure compatibility
with existing and proposed improvements. All utility lines with junction
structures shall be underground. Any deviation from these requirements
shall be subject to prior City Engineer review and approval.
10. Construction Cost Estimates. Prior to the approval of grading plans and
issuance of the grading permit, the applicant/subdivider shall submit an
estimate of quantities and construction costs of all proposed Works of
Improvements (e.g. Street, Drainage, Grading, Landscaping Irrigation
etc .. ) associated with this development prepared by a California State
Registered Civil Engineer pursuant to the City requirements to the City
Engineer for review and approval. Said estimates shall include, but not be
limited to, the costs for construction of all on-site and off-site
improvements for street/parking lots, grading, signing and striping, storm
drains, landscape, and irrigation systems. Any exception to or deviation
Planning Commission Resolution 23-10-11-01
GPM 22-016
Conditions of Approval
October 11, 2023
Sheppard Residence Page 4 of 9
11 .
12.
13.
14.
from this condition shall be subject to review and approval by the City
Engineer.
Payment of Fees. Prior to issuance of grading and Encroachment permits,
the applicant/subdivider shall pay all applicable fee requirements in
accordance with the City Municipal Code, as last revised and the City
Schedules of Rates and Charges, as last revised.
Permits Required. Prior to the commencement of any grading or
construction activity not provided for in previously approved permits, a
permit shall be required. All improvement work, whether performed on-site
or off-site, shall require a permit to ensure the integrity and safety of all
existing and proposed improvements affected by construction activities.
Encroachment Permit Haul Route. 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.
Grading Plans. Prior to issuance of grading and encroachment permits,
the applicant/subdivider shall submit the required number of copies of
grading plans prepared by a California State Registered Civil Engineer to
the Development Services Director for City review and approval by the
City Engineer for the entire project site. Such plan shall be in substantial
conformance with the grading concept made as part of the project.
These plans shall conform to the City and the County of Orange grading
plan standards and depict, at minimum, all existing features, the limits of
grading, the drainage, retention/detention basins, sewer facilities, water
facilities, existing and proposed easements and right-of-way boundaries,
trails, parkways, streets and all appurtenant improvements. The extent of
the topography shall be extended sufficiently beyond the tract's
boundaries to determine the geological and drainage impacts to adjacent
properties. The elevations shall correspond with the County of Orange
benchmark datum. All drainage design must depict proper conveyance to
the on-site street or a City approved drainage facility with appropriate pre-
treatment facilities or Best Management Practices (BMP) in place
pursuant to the National Pollutant Discharge Elimination System (NPDES)
permit requirements.
All soils reports and grading plans shall be subject to review by a third-
party geotechnical consultant retained by the City to ensure geotechnical
stability to the satisfaction of the City Engineer. (PW&DSD)
The following will be required for approval by the City Engineer:
Planning Commission Resolution 23-10-11-01
GPM 22-016
Conditions of Approval
October 11, 2023
Sheppard Residence Page 5 of 9
a. An on-site plan showing location of the access point, for the earth
moving and grading equipment and for workers vehicles entering and
exiting the site.
b. An off-site haul route plan for soil importation/exportation circulation
and for heavy construction related deliveries. The haul route plan shall
specify the dates and times and headways for hauling activities in
compliance with all applicable City standards. The City Engineer may
require a security deposit in conjunction with approval of the haul route
plan.
c. Prior to commencement of haul activities, the applicant shall obtain a
Haul Route Permit and pay required fees.
d. Utilize City Standard sheet layout (including size) and Standard Notes,
as applicable.
If applicable, any existing easements shall be shown on grading plans and
disposition of the existing easements in respect to the proposed
development shall be determined. If an easement is to be quitclaimed, a
copy of the quitclaimed document shall be provided to the City Engineer.
15. Erosion & Sediment Control Plans, Prior to issuance of grading and
encroachment permits, the applicant/subdivider shall submit an
Erosion/Sediment Control Plan for the regulation and control of pollutant
run-off by using Best Management Practices (BMPs), prepared by a
California State Registered Civil Engineer to the City Engineer for review
and approval. The plan shall show all temporary and permanent erosion
control devices, effective planting of graded slopes, practical accessibility
for maintenance purposes and proper precautions and fences to prevent
public trespass onto certain areas where impounded water may create a
hazardous condition. A Stormwater Pollution Prevention Plan (SWPPP)
shall be prepared by a certified QSD and the project shall be issued a
WDID number through the Regional Water Resources Control Board and
the project downloaded into the SMARTS program.
16.
In order to control pollutant run-off, the applicant/sb-divider shall
demonstrate to the satisfaction of the City Engineer that all water quality
best management practices shall be designed in accordance with the
National Pollutant Discharge Elimination System (NPDES) standards, and
the requirements of California Regional Water Quality Control Board (San
Diego Region) Order No. R9-2009-0009 (As amended by 2010-0014-
DWQ and 2012-0006-DWQ) and City guidelines and regulations, and
shall show evidence satisfactory to the City Engineer that a permit has
been obtained.
Water Quality Management Program.
a. Prior to issuance of a grading permit, the applicant/subdivider shall
submit concurrently with the grading plans, erosion control plans, and
drainage plans a Final Water Quality Management Program (WQMP),
Planning Commission Resolution 23-10-11-01
GPM 22-016
Sheppard Residence
Conditions of Approval
October 11, 2023
Page 6 of 9
as prepared by a California State Registered Civil Engineer, to the City
Engineer for review and approval. All erosion and sediment control
measures as specified in said approved WQMP shall be implemented
during the grading operation to the satisfaction of the City Engineer.
b. Provisions for maintenance by the Owner or Property Manager for the
water quality best management practices identified in the WQMP, of all
private drainage facilities, including retention/detention basins that are
made a part of the National Pollutant Discharge Elimination System
(NPDES) permit issued by the City, and for inspection of open
channels and catch basins annually.
c. A provision that gives the City the right to assume inspection and
maintenance of any NPDES facilities, if the City determines that the
Owner or Property Manager has not inspected and maintained said
facilities in accordance with the permit requirements, and that, in such
event, the Owner shall be financially responsible to pay City for the
costs the City incurs in such inspection and maintenance role.
d. A statement indicating that by October first of every year, annual fiscal
year reports will be furnished to the City in compliance with the
reporting requirements of codes and ordinances adopted by the City
with respect to the NPDES program.
17. Drainage Improvement Plans. Prior to issuance of grading and
encroachment permits, the applicant/subdivider shall submit Drainage
Improvement Plans as prepared by a California State Registered Civil
Engineer to the City Engineer for review and approval. The Drainage
Improvement Plans shall be specific to the project, and be consistent with
the City's Drainage Master Plan. These plans shall show locations of all
existing and proposed facilities.
18. Stormwater Management/Drainage Plan, Hydraulic/Hydrologic
Calculations. Prior to issuance of grading and encroachment permits, the
applicant/subdivider shall submit a Drainage Plan which includes the
Hydraulic /Hydrology calculations prepared by a California State
Registered Civil Engineer to the City Engineer for review and approval.
The Drainage Plan shall show existing and proposed facilities, provide for
acceptance of historic drainage from adjacent upstream properties, show
hydraulic and hydrology studies and calculations and the methods of
draining on-site and tributary areas without exceeding the capacity of any
impacted street or facility and without affecting existing downstream
drainage systems. Incorporate hydraulic analysis for any natural drainage
courses and/or stream embankments where applicable. At a minimum,
applicant shall match peak runoff rates for the 25-year and 100-year storm
events. Accommodate run-on from adjacent areas when applicable.
Proposed flow rates shall be detained to ensure existing downstream
drainage facilities can adequately convey runoff generated by this project.
The applicant/subdivider shall then, at applicant/subdivider cost, design
Planning Commission Resolution 23-10-11-01
GPM 22-016
Conditions of Approval
October 11, 2023
Sheppard Residence Page 7 of 9
19.
20.
21.
22.
and implement alternative methods of improvement for properly conveying
such discharge, free of debris, in a manner acceptable to the City
Engineer. Applicant/subdivider shall obtain permission and permit for any
work if any storm drains are designed to discharge onto another property
or tie into a public storm drain. Said study shall be consistent with the
City's Master Drainage Plan and in accordance with all applicable City
regulations, Orange County Hydrology and Orange County Public Works
design criteria and requirements.
Connection to Public Drains must be Documented and Filed. Prior to
issuance of grading and right-of-way improvement permits, the
applicant/subdivider shall demonstrate to the satisfaction of the City
Engineer that any proposed connections to an existing public drainage
system, from on-site drains, must be approved by the City Engineer
and/or Orange County Flood Control District (as applicable). All
documentation and revisions to existing plans, where points of
connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities.
Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading and encroachment permits, the applicant/subdivider shall submit
to the City Engineer for review, and shall obtain approval of, a program
complying with the requirements of the California Integrated Waste
Management Act of 1989 to reduce construction and demolition debris
through recycling.
Soils/Geology. Prior to issuance of grading and encroachment permits,
the applicant/subdivider shall submit to the City Engineer and Building
Official for their review, and shall obtain approval of, a Soils
Report/Geotechnical Feasibility Study prepared by a certified engineering
Geologist and Registered Soils Engineer to determine the seismic safety,
drainage recommendations, and soils stability of all proposed
development improvements for the project and any affected adjacent
properties and to provide preliminary pavement sections and substructure
bedding/backfill recommendations.
Mitigation of Drainage and Grading Problems. Prior to issuance of grading
and encroachment permits, the applicant/subdivider shall adhere to the
following conditions during the entire grading and construction operation:
a. If any drainage problem is anticipated or occurs during construction,
the applicant/subdivider shall provide and implement a solution
acceptable to the City Engineer, at no cost to the City, and shall submit
a recorded instrument to insure the durability of the solution
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineer
Planning Commission Resolution 23-10-11-01
GPM 22-016
Sheppard Residence
Conditions of Approval
October 11, 2023
Page 8 of 9
and shall be subject to a supplemental Geotechnical Soils Report and
additional fees.
23. Bonding and Securities. Prior to issuance of the grading permit, the
applicant shall execute a Grading Surety Agreement with the City and
shall provide performance bonds/securities for 100 percent of each
estimated Works of Improvement costs, inclusive of soft costs (e.g.
Materials Testing, Inspection, Construction Management, Surveying,
etc .. ), as prepared by a Registered Civil Engineer and approved by the
City Engineer, and City Attorney for all onsite and offsite (if applicable)
improvements including, but not limited to, street improvements, signing,
grading, storm drains, private slopes, and erosion and sediment control.
24. Construction Phasing and Mitigation Program. Prior to issuance of
grading and encroachment permits, the applicant/subdivider shall prepare
and adhere to a Construction Phasing and Mitigation program, approved
by the Development Services Director and Building Official containing, but
not limited to, the following controls:
a. Grading:
1. Haul route for the movement of on and off-site of heavy earth-
moving equipment.
2. Location of assembly and storage/service areas for heavy earth-
moving equipment and limits of hours of operation.
3. Control of worker access to site, including hours of work, limits on
noise sources, and dust and soil import/export.
4. Compliance with environmental mitigation measures, including
stockpiles and dust impacts.
5. A schedule and the method of performing the grading, stockpiling
and construction of all improvements in each phase.
b. Enforcement: The Development Services Director and City Engineer
may modify the Construction Phasing and Mitigation Program as they
deem necessary if on-site and offsite observations indicate that
construction activities are creating a nuisance to adjacent property.
The applicant/subdivider shall hire a project enforcement person
approved by the City Engineer to ensure compliance with the
Construction Phasing and Mitigation Program.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SPECIFIED CERTIFICATE(S) OF OCCUPANCY:
Public Works Engineering Division
25 . WQMP Certification. Prior to issuance of a certificate of occupancy,
applicant shall submit a signed certification letter from their civil engineer
of record that all BMPs were installed per plan.
Planning Commission Resolution 23-10-11-01
GPM 22-016
Sheppard Residence
Conditions of Approval
October 11, 2023
Page 9 of 9
26. Completion of All Improvements to the City's Satisfaction. Prior to
issuance of a certificate of occupancy for the building within the project, or
prior to acceptance of the Works of Improvements and release of any
performance and labor and materials securities by the City, whichever
occurs first, the applicant/subdivider shall complete, to the satisfaction of
the City Engineer, all Works of Improvements as defined within the
Subdivision Improvement Agreement and related plans required of this
development and necessary to serve the development, including any
required off-site improvements, in accordance with the City approved
Improvement Plans, and approved exceptions, and at the sole cost of
applicant.
Santa Margarita Water District (SMWD)
27. Prior to issuance of a building permit, the applicant shall prepare, submit
and obtain SMWD approval of a water and wastewater connection
construction plan prepared by a CA registered civil engineer. Coordinate
activity via engcounter@smwd.com.
28 . Prior to issuance of a building permit, the applicant shall pay all SMWD
water and wastewater connection fees if not previously remitted for the
applicant's site.
29 . Prior to issuance of a building permit, the applicant shall obtain a SMWD
sanitation clearance (https://www.smwd.com/394/Sanitation-Clearance)
and comply with all criteria.
30 . Prior to any water and wastewater connection construction, the applicant
shall schedule a meeting with the SMWD Inspector.
31 . The applicant shall utilize a camera to record the sewer lateral to the
main and provide the recording to the SMWD Inspector. Obtain a SMWD
sign off letter on a city of San Juan Capistrano Certificate of Occupancy
form.
Orange County Fire Authority
32. Prior to issuance of a grading permit and/or building permit, the applicant
shall submit, and obtain approval, of a fuel modification plan (PR125), a
residential site plan (PR160), and a fire sprinkler plan (PR400).