PC Resolution-24-07-24-01PC RESOLUTION NO. 24-07-24-01
GRADING PLAN MODIFICATION (GPM) 23-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING GRADING PLAN MODIFICATION (GPM)
23-018, RELATED TO THE MODIFICATION OF THE GRADE ON A PREVIOUSLY
DEVELOPED PARCEL AT PROPERTY ADDRESSED AS 26132 CALLE ROBERTO
(APN: 649-311-07), AND FINDING THAT SAID ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15303 (APPLICANT: CHARLES D'ARCY, D'ARCY
ARCHITECTURE)
Whereas, d'Arcy Architecture, 18 Technology Way, Irvine, CA. 92618 (the
"Applicant"), has requested approval of Grading Plan Modification (GPM) 23-018 to
modify the grade on a previously developed parcel to accommodate a new single-family
residence and related accessory structures (the "Project") at 26132 Calle Roberto, San
Juan Capistrano, CA 92675 (APN: 649-311-07) (the "Property"); and
Whereas, the proposed grading activities involve 600 cubic yards of cut and
1,450 cubic yards of fill, for a total export volume of 850 cubic yards, with a series of
retaining walls up to 8' in height; and
Whereas, the Property, generally located on a developed lot west of the
intersection of Calle Roberto and Aguacate Road, has a General Plan Land Use
Designation of Very Low Density and a Zoning Designation of Single-Family (RSE)
40,000; and
Whereas, Michele Johnson is the owner 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 the California
Environmental Quality Act (CEQA) under State CEQA Guidelines section 15303, Class
3, New Construction or Conversion of Small Structures; and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 24, 2024, pursuant to Municipal Code Section 9-2.302, and 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.
PC Resolution 24-07-24-01 2 July 24, 2024
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby find that the entirety of the proposed Project
is categorically exempt from CEQA under the Class 3 exemption for New Construction or
Conversion of Small Structures set forth in State CEQA Guidelines Section 15303. The
Class 3 exemption applies to, among other things, the construction and location of limited
numbers of new, small facilities or structures, and it specifically applies to the construction
of a single-family residence. The proposed Project is thus categorically exempt under the
Class 3 exemption because the proposed Project involves the grading of a property for
construction of a new single-family residence in a residential zone. In addition, for the
reasons explained below, the proposed project is not subject to any of the six (6)
exceptions that would prohibit the use of a categorical exemption as set forth in State
CEQA Guidelines Section 15300.2, as follows:
a. The proposed project 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. There is no possibility that the proposed Project would result in a significant
environmental impact resulting from the cumulative impact of successive projects
of the same type, 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. There is not a reasonable possibility that the proposed Project will have a
significant effect on the environment due to unusual circumstances. As an initial
matter, there are no unusual circumstances relating to the proposed Project.
There is nothing unusual about the construction of a single-family residence in a
single-family residential neighborhood. Moreover, there is no evidence that the
proposed Project will have any significant effect on the environment.
d. The proposed project 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. Notably, the proposed
Project is not located within a scenic highway.
e. The proposed project is not located on a site which is included on any list compiled
pursuant to Section 65962.5 of the Government Code.
f. The proposed Project would not cause a substantial adverse change in the
significance of a historical resource. Notable, there are no historical resources on
the proposed Project site.
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
PC Resolution 24-07-24-01 3 July 24, 2024
Modification (GPM) 23-018, 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 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
proposed 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,
precise grading plan, landscape plan, grading standards, and design concepts
because the overall site topography would not be significantly altered from the
original development, which was subdivided in 1978 through Tract No. 9795.
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 as the use of relatively low retaining walls minimizes
impact to adjacent properties.
3. The proposed grading would remain consistent and compatible with adjacent
lots. Notably, the proposed grading would maintain the existing slopes along the
adjacent property boundaries. Moreover, the proposed grading involves a design
which maintains to the greatest extent feasible the natural contours of the
property and surrounding lots as shown on the plans; the proposed grading
would 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.
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
grading 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,
PC Resolution 24-07-24-01 4 July 24 , 2024
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) 23-018, 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, August 8,
2024. 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 9, 2025, 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
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.
PC Resolution 24-07-24-01 5 July 24, 2024
PASSED, APPROVED AND DOP , this 24th day of July 2024.
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