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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 �-'--'--!--!-.-I- """" .-1 - --1 -L 11 -"._!.._ 1..._I.._ /AM ..__-1L_ .Il_.. 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� M ENG = PLN = PW = OCFA = Building and Safety Engineering Department Planning Department Public Works Department Orange County Fire Authority uate