Resolution Number 06-03-07-01RESOLUTION NO. 06-03-07-01
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
DIRECTOR'S DECISION TO REQUIRE A GRADING PLAN MODIFICATION
(WATERMAN RESIDENCE)(TRACT 9382, LOT 16)(APN 650-191-15)
WHEREAS, Randall Waterman, 31122 Santa Margarita Place, San Juan
Capistrano, 92675 has filed an appeal of the Planning Director's January 4, 2006 action to
require a Grading Plan Modification (GPM) for a request to permit the construction of tiered
retaining walls and modify the existing grade to create additional yard area for an existing
single-family residence on a 0.4 acre parcel located at 31122 Santa Margarita Place; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the action of the Planning Director to require a Grading Plan
Modification (GPM) does not constitute a project as defined by the California
Environmental Quality Act (CEQA); therefore, environmental review is not required at this
time; and,
WHEREAS, the City Council conducted a public meeting on February 21, 2006 to
' consider testimony on the appeal request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed construction of two 5-0" +/-high retaining walls stepped 3'0" apart
along the east portion of the property, and the importation of fill dirt for the purpose
of leveling the rear yard slope constitutes a grading alteration greater than a two (2)
foot differential from the existing approved grading plan; and,
2. Construction of retaining walls and modification of the existing grade without formal
discretionary review and approval would result in aesthetic impacts as viewed from
adjacent properties and potentially geotechnical impacts from the increased weight
of improvements on the existing slope.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby deny the appeal, and upholds the Planning Director's
January 4, 2006 action to require a Grading Plan Modification (GPM) for the proposed
construction of tiered retaining walls and modification of the existing grade in order to
support additional yard area for an existing single-family residence located at 31122 Santa
Margarita Place.
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PASSED, APPROVED, AND ADOPTED this 7`h day of March 2006.
ATTEST:
DAVID M. W RDLIN, MAYOR
R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 06-03-07-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 7`h day of March 2006, by the
following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
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03-07-2006