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