PC Resolution-10-07-13-01PC RESOLUTION NO. 10-07-13-01
GRADING PLAN MODIFICATION 10-003, AL-ALI 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
RETAINING WALLS AND ADDITION LOCATED AT 30312 VIA BELLA
(APN: 650-392-03)(STAN SCHROFER)
Whereas, Stan Schrofer 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 and addition and pool facilities located at 30312 Via Bella
(APN 650-392-03), which is General Plan -designated Very Low Density (VLD) and
classified RSE-40,000 on the Official Zoning Map; and,
Whereas, Ammar AI -Ali is the owner of real property located at 30312 Via
Bella (APN 650-392-03); 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 June 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 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 July 13, 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, subject to the
Planning Commission's approval of the proposed grading. The applicant has
proposed sufficient landscaping and has revised the plan pursuant to DRC
recommendations.
PC Resolution 10-07-13-01
Julv 13, 2010
2. The use of innovative design techniques to adequately screen the retaining wall
and maintains consistency with the existing architecture and landscaping.
3. Since the contour lines match those of the adjacent property and the grade
alterations are limited in the immediate vicinity of the property line, the project is
determined to be consistent and compatible with the immediately adjacent lot.
4. All proposed structures meet or exceed development standards established for
the RSE-40,000 district 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
properties. Views to adjacent properties may be impacted, but are determined to
be adequately mitigated by consent from the Homeowners Associations.
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) 10-003, 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, July 28,
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 July 13, 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 10-07-13-01 3 July 13, 2010
PASSED, APPROVED AND ADOPTED this 13th day of July 2010, by the
following vote, to wit:
AYES: Char Cohen, Commissioners Tatarian, Mocalis, Kerr, and Williams
NOES:
ABSTAIN:
ABSENT: Vice -Chair Ratcliffe, Commissioner Neely
cL ( ____
Sheldon Cohen, Chair
Wr liam A. Ramsey, AICP
Principal Planner
Secretary
RESOLUTION #: 10-07-13-01
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: Grading Plan Modification (GPM) 10-003
Project Name: AI -Ali Residence
APPROVAL DATE: July 13, 2010
EFFECTIVE DATE: July 28, 2010
EXPIRATION DATE: July, 2012
These conditions of approval apply to Grading Plan Modification 10-003, a request to
grade and export 1,777 cubic yards of soil and construct a 3,260 square foot, two-story
addition for the property located at 30312 Via Bella (APN 650-392-03). Any proposed
change of use or expansion of the area or modifications to the site plan or structures
shall be submitted to the City 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) 10-003 is granted to grade and export
1,777 cubic yards of soil and construct a 3,260 square foot, two-story
addition at an existing residence. This approval is granted based on the
application materials submitted by Stan Schrofer. 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 # 10-07-13-01 Final Conditions of Approval
Project # GPM 10-003, AI -Ali Residence Date: July 13, 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. Applicant shall submit updated letters from the Master Homeowners
Association and sub -association prior to submittal for plan check.
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 approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
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,
Resolution # 10-07-13-01 Final Conditions of Approval
Project # GPM 10-003, AI -Ali Residence Date: July 13, 2010
Page 3 of 6
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
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. 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.
11. 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.
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 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
Report/Geotechnical 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)
14. 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,
trails and their corresponding dedicated easements, drainage, sewer,
water and driveways. The extent of the topography shall be extended
Resolution # 10-07-13-01 Final Conditions of Approval
Project # GPM 10-003, AI -Ali Residence Date: July 13, 2010
Page 4 of 6
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)
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. 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_ 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)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
Resolution # 10-07-13-01 Final Conditions of Approval
Project # GPM 10-003, AI -Ali Residence Date: July 13, 2010
Page 5 of 6
19. 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.
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 construction trailer and/or staging areas.
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
Soils Report and additional fees. (ENG)
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)
24. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
Resolution # 10-07-13-01 Final Conditions of Approval
Project # GPM 10-003, AI -Ali Residence Date: July 13, 2010
Page 6 of 6
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 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)
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
ENG =
PLN =
PW =
OCFA =
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
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Date