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PC Resolution-10-01-26-01PC RESOLUTION NO. 10-01-26-01 GRADING PLAN MODIFICATION 09-009 KNAPE RESIDENCE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A NOTICE OF EXEMPTION AND APPROVING A GRADING PLAN MODIFICATION FOR 27112 HIGHLAND DRIVE (APN: 650-512-05)(ANTHONY MASSARO) Whereas, Anthony Massaro has requested approval of a modification to the grading for an existing residence; and, the proposed grading modifications incorporate a terraced retaining wall system for construction of a pad for future pool construction located at 27112 Highland Drive (APN 650-512-05), which is General Plan -designated Very Low Density (VLD) and classified "Residential/Agriculture" on the Official Zoning Map; and, Whereas, James W Knape Trust is the owner of real property located at 27112 Highland Drive (APN 650-512-05); and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Design Review Committee reviewed the project and provided direction to the applicant at their December 17, 2010 meeting; 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 4 (Section 15304) (Minor Alterations to Land) Categorical Exemption, and caused a Notice of Exemption to posted pursuant to Section 15062 of the CEQA Guidelines; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on January 26, 2010 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302, Public Meeting Procedures, Administrative Policy 409, and Community Development 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. The project does not affect the property's compliance with the General Plan. All zoning requirements are demonstrated to be in compliance, subject to the Planning Commission's approval of the proposed grading. The applicant has proposed extensive landscaping and the DRC has recommended approval. 2. The use of multiple terraced walls blends the transition from the existing tennis .court on the lower pad at the front of the property to the proposed new pad for PC Resolution 10-01-26-01 2 January 26, 2010 the pool and patio area. It also creates a moderate elevation transition from the existing sloped driveway to the pad. 3. The proposed modifications affect only the interior of the property and would not alter the existing contours near adjacent properties. 4. As designed, the project would meet the development standards with respect to setbacks and height of structures; however no new buildings are proposed as a part of this submittal. All structures will be subject to a zoning compliance plan check upon application for a building permit. The future pool identified does not meet the required 150'-0" front yard setback; however, it does qualify for a minor exception under Section 9-2.301 and shall be reviewed by the director should the applicant make a formal permit submittal. 5. The proposed plan does not significantly alter the grades near adjacent properties and has a limited visual impact on the property located to the east. The walls are proposed to be located approximately 55'-0" from the adjacent property's side property line. Additionally, the applicant shall obtain HOA and adjacent neighbor approval. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano, California hereby adopts a Notice of Exemption and approves Grading Plan Modification (GPM) 09-009, based upon the findings set forth herein and subject final approval by the Design Review Committee of colors, materials, and landscaping, and 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, February. 10, 2010. This project approval shall be valid for a period of one year from the date of approval of this resolution, and shall expire on January 26, 2011, 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 10-01-26-01 3 January 26, 2010 PASSED, APPROVED AND ADOPTED this 26th day of January 2010, by the following vote, to wit: AYES: Chair Cohen, Vice -chair Ratcliffe, Commissioners Tatarian, Neely, Mocalis, Kerr, and Williams NOES: ABSTAIN: ABSENT: Sheldon Cohen, Chair Grant Taylor Assistant Community Development Director Secretary RESOLUTION #: 10-01-26-01 EXHIBIT A Project #: Project Name: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: PLANNING COMMISSION CONDITIONS OF APPROVAL Grading Plan Modification (GPM) 09-009 Knape Residence January 26, 2010 February 10, 2010 January 26, 2011 These conditions of approval apply to, Grading Plan Modification 09-009, a request for the construction of terraced retaining walls and new landscaping at an existing residence located at 27112 Highland Drive (650-512-05). Any proposed change of use or expansion of the area or modifications to the site plan or structures shall be submitted to the City Community Development 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) 09-009 is granted to construct terraced walls and new landscaping at an existing residence. This approval is granted based on the application materials submitted by Anthony Massaro, 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 Community Development 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 Community Development 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 granted by the City. Any application for an extension of time shall be submitted to the Community Development Department, along with Resolution # 10-01-26-01 Project # GPM 09-009, Knape Residence Final Conditions of Approval Date: January 26, 2010 Page 2 of 7 the required fee, at least ninety (90) days prior to the expiration date of this approval, except as otherwise approved by the. Community Development Director. 2. The applicant shall submit landscape plans and colors and materials for final approval by the Design Review Committee 3. The applicant shall provide approvals from the Homeowners Association and from the adjacent neighbor at 27152 Highland Drive. 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 subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. Resolution # 10-01-26-01 Final Conditions of Approval Project # GPM 09-009, Knape Residence Date: January 26, 2010 Page 3 of 7 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. The applicant is responsible for paying required fees to the California Department of Fish and Game, and any related fee of the County of Orange for processing environmental documents. 12. 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) The following conditions of approval shall be met prior to issuance of grading permits for the project. 13. 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) 14. Soils/Geology Report. 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 a Soils Repo rt/GeotechnicaI 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. The Report shall also indicate substructure bedding/backfill recommendations for driveways and parking lot areas. (ENG) 15. 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, Resolution # 10-01-26-01 Final Conditions of Approval Project # GPM 09-009, Knape Residence Date: January 26, 2010 Page 4 of 7 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) 16. 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) 17. 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. 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: 18.. 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: 19. Installation of Landscaping_ Prior to building permit final, the applicant shall plant and install the landscaping and irrigation material respectively on all manufactured slopes. The developer shall provide a certification, from a licensed Landscape Architect, stating that the landscape materials and irrigation system (tested for full coverage) have been planted and installed in compliance with the approved landscape plans. . All manufactured slopes shall be covered with landscaping or other approved erosion control material. (PLN & Eng) Resolution # 10-01-26-01 Final Conditions of Approval Project # GPM 09-009, Knape Residence Date: January 26, 2010 Page 5 of 7 The following conditions shall be completed prior to or in conjunction with the issuance of building permits: 20. 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. 21. 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 construction trailer and/or staging areas. 22. 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) 23. 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 Soils Report and additional fees. (ENG) 24. 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 # 10-01-26-01 Final Conditions of Approval Project # GPM 09-009, Knape Residence Date: January 26, 2010 Page 6 of 7 25. 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) 26. 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.(PLN) 27. 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 Building and Safety ENG = Engineering Department PLN = Planning Department PW = Public Works Department OCFA = Orange County Fire Authority Resolution # 10-01-2601 Project # GPM 09-009, Knape Residence Applicant Acceptance of Conditions of Approval: 13y: Agen , Coral Farms, L.P., Property wrier Final Conditions of Approval Date: January 26, 2010 Page 7 of 7 Date