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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