PC Resolution-10-05-28-03PC RESOLUTION NO. 10-05-25-03
GRADING PLAN MODIFICATION 10-002 AITKEN 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
MULTIPLE RETAINING WALLS AND CREATION OF PADS FOR BARN
AND SPORTS COURT CONSTRUCTION LOCATED AT 27906 GOLDEN
RIDGE LANE (APN: 650-581-02)(CHARLES RATHFON)
Whereas, Charles Rathfon has requested approval of a modification to the
grading for an existing residence; and, the proposed grading modifications incorporate a
retaining walls for construction of pads for future equestrian barn and sports court located
at 27906 Golden Ridge Lane (APN 650-581-02), which is General Plan -designated Very
Low Density (VLD) and classified SP 77-01 / RSE-40,000 on the Official Zoning Map; and,
Whereas, Darren O. Aitken Trust is the owner of real property located at
27906 Golden Ridge Lane (APN 650-581-02); 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 April 1, 2010 and May 6, 2010 meetings; 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 3 (Section 15303) (New Construction or Conversion of Small Structures) 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 May 25, 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 RESOLVED, that the Planning Commission
finds:
The project is consistent with the General Plan and Design Guidelines. All
zoning requirements are demonstrated to be in compliance. The applicant has
proposed extensive landscaping and has revised the plan pursuant to DRC
recommendations.
PC Resolution 10-05-25-03 2 May 25, 2010
2. The use of curvilinear walls with blended the transitions from the flat pads to a
manufactured slope close to that of the existing natural grade helps reduce
impacts of the walls and grading, provided the upper (southernmost) and middle
retaining walls are reduced in linear feet.
3. Since the proposed modifications have been moved toward the interior of the
property and smooth grade transitions are made to adjacent properties, the
design is compatible with adjacent properties.
4. The barn and recreational structures are proposed to meet setback
requirements established in the Land Use Code. The proposed improvements
are also proposed to maintain separation from the adjacent equestrian trail.
5. The proposed plan does not significantly alter the grades near adjacent. Angular
view to adjacent properties may be impacted, but are determined to be
adequately mitigated by consent granted from the respective property owners
and Homeowners Association.
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) 10-002, 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, June 9,
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 May 25, 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 10-05-25-03 3 May 25, 2010
PASSED, APPROVED AND ADOPTED this 25th day of May 2010, by the
following vote, to wit:
AYES: Chair Cohen, Vice -Chair Ratcliffe, Commissioners Tatarian, Neely,
and Kerr
NOES: Commissioner Williams
ABSTAIN:
ABSENT: Commissioner Mocalis
Sheldon Cohen, Chair
Grant TaylKr
Assistant Community Development Director
Secretary
RESOLUTION #: 10-05-25-03
EXHIBIT A
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Grading Plan Modification (GPM) 10-002
Aitken Residence
May 25, 2010
June 9, 2010
May 25, 2012
These conditions of approval apply to Grading Plan Modification 10-002, a request for
grading, new landscaping, and construction of retaining walls to create pads for future
sports court and equestrian barn locate at an existing residence at 27906 Golden Ridge
Lane (650-581-02). 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:
1. Grading Plan Modification (GPM) 10-002 is granted to construct retaining
walls and new landscaping at an existing residence. This approval is
granted based on the application materials submitted by Charles Rathfon,
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 twenty-four (24) 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,
Resolution # 10-05-25-03 Final Conditions of Approval
Project # GPM 10-002, Aitken Residence Date: May 25, 2010
Page 2 of 6
along with 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 walls shall be of a dark earth tone, subject to approval by the
Community Development Director.
3. The applicant shall provide written approval from the Homeowners
Association.
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 # 10-05-25-03 Final Conditions of Approval
Project # GPM 10-002, Aitken Residence Date: May 25, 2010
Page 3 of 6
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/Geotech n ica I 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 # 10-05-25-03 Final Conditions of Approval
Project # GPM 10-002, Aitken Residence Date: May 25, 2010
Page 4 of 6
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,
1/1-rom 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 # 10-05-25-03 Final Conditions of Approval
Project # GPM 10-002, Aitken Residence Date: May 25, 2010
Page 5 of 6
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 # 10-05-25-03 Final Conditions of Approval
Project # GPM 10-002, Aitken Residence Date: May 25, 2010
Page 6 of 6
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
Applicant Acceptance of Conditions of Approval:
operty O n ent Date