PC Resolution-11-06-14-01PC RESOLUTION NO. 11-06-14-01
GRADING PLAN MODIFICATION 10.006, TROWBRIDGE RESIDENCE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A GRADING PLAN
MODIFICATION (GPM 10.006) FOR 26952 VIA LA MIRADA (APN; 675•
141.03)(BRETTON E, TROWBRIDGE)
Whereas, Bretton E, Trowbridge is the owner of real property located at
26952 Via La Mirada and has requested approval of a modification to the grading for the
rear yard of an existing residence and has submitted as -built grading plans for the
residence located at 26952 Via la Mirada (APN 675-141.03), which is General Plan -
designated Medium Low Density and classified RS -7,000 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 15304) (Existing Facilities) Categorical Exemption, and should the project
receive final appeoval, 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 January 20, 2011 meeting; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on June 14, 2011 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;
1, Because the applicant has not proposed the use of retaining walls as a part of this
design and has worked to blend a slope that has a much more natural appearance
than what was previously left after the landslide, the project is in compliance with all
include limited alteration of natural grades, incorporation of variable slopes, gradual
transitions between manufactured and natural slopes, and limited or no use of
retaining walls, The project is in substantial compliance with the Architectural Design
Guidelines as determined by the DRC, The landscaping provided is also consistent
with DRC direction and will help ensure the stabilization of the slope,
PC Resolution 11.06.14.01 2 June 14, 2011
2. The proposed slope deviates slightly from the original contours of the property, but
sufficiently maintains a perceived natural appearance within the project area, in that
no retaining walls are proposed, manufactured gradually blend adjacent grades, and
landscaping with California -friendly plants will enhance the naturally -occurring
appearance,
3. The proposed modifications affect only the interior of the property and would not
alter the existing contours near adjacent properties. The proposed grading would
blend gradually with the adjacent properties,
4, No new construction of buildings is proposed as a part of this project and, therefore,
complies with all required setbacks.
5, The proposed plan does not significantly alter the grades near adjacent properties
and has'a limited visual impact on the adjacent properties. Landscaping would
provide sufficient cover and screening of the newly modified slope, Contours are
matching those of the adjacent property, thereby, minimizing visual or other impacts
on adjacent properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano, California hereby approves Grading Plan
Modification (GPM)10-006, 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, June 29,
2011, This project approval shall be valid for a period of one year from the effective date of
this resolution, and shall expire on June 14, 2012, 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,
PC Resolution 11.06.14.01 3 June 14, 2011
PASSED, APPROVED AND ADOPTED this W day of June, 2011, by the following vote,
to wit;
AYES: Vice -Chair Ratcliffe, Commissioners Williams, Kerr, and Neely
NOES: Chairman Cohen, Commissioner Parkhurst
ABSTAIN: None
L
Sheldon Cohen, Chair
e
Mliam A, Ramsey, AICP
Secretary
RESOLUTION #: 11.06.14.01
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: Grading Plan Modification (GPM) 10-006
Project Name: Trowbridge Residence
APPROVAL DATE: June 14, 2011
EFFECTIVE DATE: June 29, 2011
EXPIRATION DATE: June 14, 2012
These conditions of approval apply to Grading Plan Modification 10.006, a request for
review and approval of a grading plan of an area graded without benefit of a permit
located at 26952 Via La Mirada (675.141.03), Any proposed change of use or
expansion of the area or modifications to the site plan or structures shall be submitted to
the City Development Services Department along with the required application and fee,
for review, For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval,
General Conditions:
Grading Plan Modification (GPM) 10-006 is granted for grading of the rear
yard of an existing residence. This approval is granted based on the
application materials submitted by Bretton E. Trowbridge, including the
grading plan 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
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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 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
Resolution # 11-06-14.01
Project # GPM 10-006, Trowbridge Residence
Final Conditions of Approval
Date; June 14, 2011
Page 2 of 6
prior to the expiration date of this approval, except as otherwise approved
by the Development Services Director.
2. _ The applicant shall pay any outstanding balance on the developer deposit
account.
3. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
4. _ 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.
5. _ 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.
6. _ 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.
7. _ 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
subsequent phase, the conditions and/or plans as stip
approval shall prevail,
approved for any
I
8. _ 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.
Resolution # 11.06.14-01
Project # GPM 10.006, Trowbridge Residence
Final Conditions of Approval
Date, June 14, 2011
Page 3 of 6
9. _ 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,
10. _ 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 andlor release of
securities, as specified in these conditions, (B&S)
11. _ This Grading Plan Modification (GPM) approval does not include the
improvements depicted on the landscape plan including the gazebolshade
structure, the adjoining counterlcooktop, nor the jacuzzilspa. Prior to
construction of any of these planned improvements that are not previously
permitted, the. property owner shall secure zoning compliance approval
and a valid building permit from the Development Services Department.
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
12, _ 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
and irrigation, erosion and sediment control, applicable sewer, water,
street, and all appurtenant improvements, (ENG)
13. _ 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 ReportlGeotechnical 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)
14. _ Grading Plans' Prior to issuance of grading and right-of-way improvement
permits, ine appiicani snail suamit to the city tngineer ana buiiaing
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
Resolution # 11-06-14.01
Project # GPM 10.006, Trowbridge Residence
Final Conditions of Approval
Date; June 14, 2011
Page 4 of 6
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)
15. _ 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)
16. _ 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)
Prior to issuance of building permits:
17. _ 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:
18. — Installation of Landscaping. The applicant shall provide as -built landscape
plans to the stafisfaction 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:
19. _ Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
Resolution # 11-06-14.01
Project # GPM 10-006, Trowbridge Residence
Final Conditions of Approval
Date; June 14, 2011
Page 5 of 6
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,
20. _ Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with all approved plans and permits,
including; (ENG/PLN)
a. Erosion Control Plan
b. Construction Debris Recycling Plan
c, Temporary Use Permit for any construction trailer and/or staging areas.
d, Partial demolition of the pool to blend with finished grading,
e, All grading shall take place on the subject property,
21, _ 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)
22, _ Drainage Problems, During the entire grading a construction operation,
the applicant shall adhere to the following conditions to address
unforeseen drainage issues; (ENG)
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
23. _ 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)
Resolution # 11.06-14-01
Project # GPM 10.006, Trowbridge Residence
Final Conditions of Approval
Date: June 14, 2011
Page 6 of 6
24, _ 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)
25. _ Construction hours. Construction hours shall be limited to 7:00 ax 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.(PLN)
26, _ 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,
(PLN)
Responsible Agencies: B&S
Applic�
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ENG =
PLN =
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OCFA =
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
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