PC Resolution-12-06-26-02PC RESOLUTION NO. 12-06-26-02
GRADING PLAN MODIFICATION (GPM) 11-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A GRADING PLAN MODIFICATION TO
ALLOW 550 CUBIC YARDS OF GRADING FOR THE CONSTRUCTION A SINGLE-
FAMILY RESIDENCE ON A 2.23 ACRE PARCEL LOCATED AT 32232 COOK LANE
(APN: 673-061-36)(COOK RANCH)
Whereas, Jerry H. Buss Family Trust is the owner of real property located at
32232 Cook Lane (APN 675-141-03) and representative Si Teller, Teller Architects, has
requested to grade the subject property, which is General Plan -designated 2.0 Very Low
Density and classified RSE-40,000 on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), and has issued a
Class 1 (Section 15303) (New construction or conversion of small structures) Categorical
Exemption, and should the project receive final approval, will cause a Notice of Exemption
to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
Whereas, the Design Review Committee reviewed the project and
recommended approval at their May 17, 2012 meeting and recommended approval to the
Planning Commission; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on June 26, 2012 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302,
Public Meeting Procedures, Administrative Policy 409, and Development Services
Department Policy 510 to consider public testimony on the proposed project and has
considered all relevant public comment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission finds:
The proposal is consistent with the General Plan, Land Use Code, and Design
guidelines, because the plan now meets all applicable development standards
identified for the RSE 40,000 zone district, as well as the equestrian standards
identified in Section 9-3.515 of the Land Use Code. Also, the project conforms to the
standards identified in the Architectural Design Guidelines, as determined by the
DRC.
2. The proposed modifications are generally consistent with the natural topography of
the lot, since the project would demolish an existing retaining wall and grade the
PC Resolution 12-06-26-02 2 June 26, 2012
slope back to what can reasonably be assumed was the natural grade. No other
entitlements of approvals apply to this property.
3. The proposed grading plan is consistent with immediately adjacent lots because the
proposed slope would be a gradual transition from the upper portion of the pad
down to the lower portion, where all grades would match the adjacent topography.
4. The proposed plan meets all applicable setback requirements for structures. Section
9-4.313 of Title 9 no longer exists and is not applicable to this project.
5. The proposed project would not cause adverse impacts to other properties because
it will incorporate a finished wall and landscape buffer which will soften public views
from the trail easement. A barrier will also be installed to restrict horse movement in
the pasture areas according to Section 9-3.515 Equestrian Standards.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano, California hereby approves Grading Plan
Modification (GPM) 11-007, based upon the findings set forth herein and subject to the
conditions of approval contained in Exhibit A, attached hereto and incorporated herein..
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become final and effective.following expiration of the fifteen (15) day appeal period without
filing of an appeal, and the appeal period shall expire at 5:00 p.m., Wednesday, July 11,
2012. This project approval shall be valid for a period of one year from the approval date of
this resolution, and shall expire on June 26, 2013, unless a time extension, building permit,
or grading permit application related to this discretionary approval is submitted to the City
on or prior to that date.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2012, by the
following vote, to wit:
AYES: Chairman Williams, Vice -Chairman Parkhurst, Commissioners
Cohen, Kerr, Nunn, Neely, and Ratcliffe.
NOES: None.
ABSTAIN: None.
Williams, Chairman
r
William A. Ramsey, AICP
Assistant Director, Secretary
RESOLUTION #: 12-06-26-02
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: Grading Plan Modification (GPM) 11-007
Project Name: Cook Ranch
APPROVAL DATE: June 26, 2012
EFFECTIVE DATE: July 11, 2012
EXPIRATION DATE: June 26, 2013
These conditions of approval apply to Grading Plan Modification 11-007, an application
to construct a single family residence for the property located at 32232 Cook Lane and
generally located approximately 800 feet south of Calle Ricardo (APN 673-061-36),
which includes equestrian facilities for up to 6 horses, and 550 total cubic yards of
earthwork, resulting in a balanced site on the 2.23 acre parcel in the RSE-40,000 zone
district. The proposed residence would be a 2 -story structure, with 2,649 square feet of
habitable space and an attached covered terrace. The 6 equestrian stalls would be
incorporated into the first floor of the main structure, and a covered breezeway would
connect to a proposed 3 -car garage. Also proposed is a wash rack and auxiliary
structure for waste. The property would be surrounded by a 6 -foot high CMU block wall,
except for the front yard which would feature a 5 -foot tall (3 -foot solid, 2 -'foot open) wall
General Conditions:
1. Grading Plan Modification (GPM) 11-007 is granted for grading of the
subject property. This approval is granted based on the application
materials submitted Si Teller, Teller Architects, including the grading plan,
architectural plans, and landscape plan. These plans and the proposed
use of the site 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 site plan, and which do not intensify or
change the use or require any deviations from adopted standards, may be
approved by the Development Services Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (15th) day
after the date of the Planning Commission's approval and shall expire
twelve (12) months after the effective date of the approval unless the use
or occupancy which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been
Resolution # 12-06-26-02 Final Conditions of Approval
Project # GPM 110-007, Cook Ranch Date: June 26, 2012
Page 2 of 6
granted by the City. Any application for an extension of time shall be
submitted to the Development Services Department, along with the
required fee, at least ninety (90) days prior to the expiration date of this
approval, except as otherwise approved by the Development Services
Director.
2. Prior to submittal for plan check, the applicant shall provide information
regarding the perimeter wall, including elevations and/or renderings,
colors & materials samples, and a site plan, for review and approval by
the Design Review Committee.
3. The applicant shall pay any outstanding balance on the developer deposit
account.
4. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
5. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
6. 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 City
Planner. 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 City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
7. 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. 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
Resolution # 12-06-26-02
Project # GPM 110-007, Cook Ranch
Final Conditions of Approval
Date: June 26, 2012
Page 3 of 6
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
9. 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.
10. 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.
11. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
12. At the time of submittal for Zoning Compliance Plan Check, the applicant
shall provide plans that demonstrate compliance with Municipal Code
Section 9-3.515, including a barrier that provides the following setbacks
for the equine pasture/exercise area:
Front P/L: 20 feet
Side P/L: 10 feet
Setback line for residences on adjacent lot: 35 feet
13. Perimeter (Property Line) fencing for the subject property shall be limited
to the following .and shall otherwise in compliance with the standards
established in Section 9-3.517 Fences, walls, and hedges:
• Front: shall be maximum 3'-0" height solid construction; 2'-0" height
open (wrought iron or similar) construction on top; 5'-0" total height.
• Rear: shall be maximum 6'-0" height open construction only.
• Side (north and south): may be solid construction up to 6'-0"
maximum height.
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
14. Pay Fees and Post Sureties. Prior to issuance of grading permit, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of proposed on-site and off-site grading, drainage, landscape
Resolution # 12-06-26-02 Final Conditions of Approval
Project # GPM 110-007, Cook Ranch . Date: June 26, 2012
Page 4 of 6
and irrigation, erosion and sediment control, applicable sewer, water,
street, and all appurtenant improvements. (ENG)
15. Soils/Geology Report. Prior to issuance of grading permits, the applicant
shall submit to the City Engineer and Building Official for their review and
obtain approval for a Soils Report/Geotechnical. Feasibility Study,
prepared by a Registered Geologist and/or Soil Engineer, to determine the
seismic safety and soils stability of all proposed grading and development
improvements within the project as well as any affected adjacent property.
(ENG)
16. Grading Plans. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer and Building
Official for their review and obtain approval for Grading Plans prepared by
a Registered Civil Engineer. These plans shall show the limits of grading,
trails and their corresponding dedicated easements, drainage, sewer,
water and driveways. The extent of the topography shall be extended
enough to determine the drainage impacts to adjacent properties. The
elevations shall correspond with the Orange County benchmark datum.
Unless determined otherwise by the City Engineer, runoff must be filtered
with Best Management Practices (BMP's) methods then conveyed to the
street or to a City approved drainage facility. (ENG)
17. Erosion and Sediment Control Plans. Prior to issuance of grading and
right-of-way improvement permits, the applicant shall submit to the City
Engineer for review and shall obtain approval for Erosion and Sediment
Control Plans, prepared by a Registered Civil Engineer. These plans shall
show all temporary and/or permanent erosion and sediment control
measures in accordance with the NPDES Permit. (ENG)
18. Water Quality Requirements and Compliance. Prior to issuance of
grading and right-of-way improvement permits, the applicant shall submit
to the City Engineer for review and shall obtain approval for a Water
Quality Management Plan(WQMP), specifically identifying structural and
non-structural Best Management Practices (BMP's) that will be used on-
site to control predictable pollutant runoff, unless deemed inapplicable by
the City's Environmental Engineer. The applicant shall obtain and follow
the City of San Juan Capistrano's WQMP outline and instructions. The
applicant shall also comply with all the requirements of the latest NPDES
Permit, the City's Water Quality Ordinance and the Clean Water
Act.(ENG)
Resolution # 12-06-26-02 Final Conditions of Approval
Project # GPM 110-007, Cook Ranch Date: June 26, 2012
Page 5 of 6
Prior to issuance of building permits:
19. Pay Fees. Prior to issuance of the first Building Permit, the applicant.
shall fulfill all applicable fee requirements in accordance with the City
Municipal Code, including, but not limited to the Capistrano Circulation
Fee Program and the Sewer Capacity fees. (ENG)
Prior to issuance of the building permit final or release of sureties:
20. Installation of Landscaping_ The applicant shall provide as -built landscape
plans to the satisfaction of the Development Services Director. Plans shall
include location, species (scientific and common names), and size of all
plants. The applicant shall provide as -built irrigation plans.
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
21. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
22. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with all approved plans and permits,
including: (ENG/DSD)
a. Erosion Control Plan
b. Temporary Use Permit for any construction trailer and/or staging areas.
c. All grading shall take place on the subject property.
23. Pre -construction Meeting. Contractor shall attend a pre -construction
meeting with the Building and Safety Department prior to commencement
of any construction on the site. (B&S)
24. Drainage Problems. During the entire grading a construction operation,
the applicant shall adhere to the following conditions to address
unforeseen drainage issues: (ENG)
Resolution # 12-06-26-02
Project # GPM 110-007, Cook Ranch
Final Conditions of Approval
Date: June 26, 2012
Page 6 of 6
.a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (ENG)
25. Grading to be continuous operation. All grading work shall be performed in
either one continuous operation or in phases that have been approved by
the City. (ENG, B&S)
26. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
27. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(DSD)
28.' Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(DSD)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
DSD = Development Services Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptance of gonditions of Approval:
0,9 -tl—
By: A, A z Ivc�
Property Owner/Applicant Date