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PC Resolution-09-05-26-03PC RESOLUTION NO. 09-5-26-3 GRADING PLAN MODIFICATION 09-001 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 TRACT 6381, LOT 23 FOR AN EXISTING SINGLE-FAMILY HOME LOCATED AT 27292 VIEWPOINT CIRCLE (ASSESSORS PARCEL NUMBER 650-282-08; (ROBYN ROBINSON) Whereas, Robyn Robinson requests approval to authorize and legalize constructed modifications to a previously approved grading plan modification (GPM 05-01) which consists of eliminating retaining walls and modifying the height of retaining walls for Tract 6381, Lot 23. The grading consists of the construction of a tiered retaining wall system to be screened with landscaping for a single family residential lot located at 27292 Viewpoint Circle which is General Plan -designated Very Low Density Residential (VLD) and classified residential single-family estate -20,000 (RSE-20,000)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 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 Design Review Committee conducted a duly -noticed public meeting April 16, 2009 and May 7, 2009 to consider the project; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on May 26, 2009 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Public Meeting Procedures, Administrative Policy 409, Planning Department Policy 510 and City Council Resolution 07-09-04-01 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 of the City of San Juan Capistrano does hereby make the following findings: 1. The proposed modifications are consistent with the General Plan, Land Use Code, Design Guidelines, and natural landform grading because although the project has been redesigned, it still maintains the original configuration with respect to layout and location of walls. The type of wall material (Vedura #40 walls) has not changed and is designed to follow the natural contours at the rear of the unit and the fill on the slope has been limited to the rear of the property, which is located below the street grade. The use of terraces and the incorporation of landscaping will soften the height of the lower retaining walls and will provide a natural transition to the lower slope area. The east.elevation has been substantially re -designed to allow for additional landscape screening which will soften the height and massing of the retaining walls along the property line. The landscape plan includes California friendly plants shrubs and groundcover that will provide erosion control and screening of the retaining walls. 2. The proposed grading modifications are generally consistent with the approved site plan, preliminary grading plan, landscape plan, grading standards, and design concepts of the original project because the project maintains a similar wall layout with the exception of the lower walls which are proposed to closer together while maintaining a planter in-between the walls. The proposed lower pad area has been redesigned to extend further down the slope in comparison to the original GPM approval; however the overall layout is consistent with the original approval. Although the project has been redesigned, the overall project maintains the intent and integrity of the previous GPM approval. 3. The proposed project is compatible with the adjacent lots because other existing similar retaining walls exist in the area, which have limited the amount of grading with the use of terraced walls, and limited the number of exposed retaining walls to avoid negative impacts on the adjacent properties. The proposed project will remain consistent and compatible with immediately - adjacent lots or units, including but not limited to blending of slopes with adjacent property boundaries, rounding of slopes at both top and bottom to blend the grading into the existing terrain, and a design which harmonizes the layout of the walls with the natural contours of the property and surrounding lots. Based on the staff's findings, staff recommends that the Commission find that the proposed modifications to the grading plan are consistent with design concepts or plan approvals pursuant to the City Council's 1977 approval of Tract 6381. 4. The proposed grading plan shows the footprint of the existing Robinson residence which will be protected in place and is not a part of the project. The project includes grading along the rear portion of the property and is not anticipated to impact the residential structure. As designed, the project would meet the development standards with respect to setbacks and height. 5. The proposed grading will not cause adverse impacts to other properties, including but not limited to potential impacts on hydrology, water quality, views, trail easements, or other aspects of development because the project includes the construction of area drains that are. linked to a drainage spreader that is designed to prevent erosion of the lower slope area. The views and aesthetics from the equestrian trail and adjacent properties will be mitigated. with a redesigned landscape plan that provides large specimen trees along the lower slope area and screen plantings along the base and in between all retaining walls. 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) 09-001, 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 10, 2009.. This project approval shall be valid for a period of 6 months from the date of approval of this resolution, and shall expire on November 26, 2009. PASSED, APPROVED AND ADOPTED this 26th day of May, 2009, by the following vote, to wit: AYES: Vice Chair Ratcliffe, Commissioners Williams, Tatarian, Kerr, and Neely. NOES: None ABSTAIN: None ABSENT: Chairman Cohen, Commissioner Mocalis Gene Ratcliffe-, Vice Chair Grant Taylor, Assistant Planning Director, Secretary SADepartments\Community Development\Department\Projects\GPM PROJECTS\GPM0901-Robinson\GPM 0901 PC reso 26May09.doc RESOLUTION #: 09-5-26-3 EXHIBIT A PLANNING COMMISSION CONDITIONS OF APPROVAL Project #: Grading Plan Modification (GPM) 09-001 Project Name: Robinson Residence APPROVAL DATE: May 26, 2009 EFFECTIVE DATE: June 10, 2009 EXPIRATION DATE: November 26, 2009 These conditions of approval apply to Grading Plan Modification 09-001 to legalize constructed modifications to a previously approved grading plan modification (GPM 05- 01) which consists of eliminating retaining walls and modifying the height of retaining walls for Tract 6381, Lot 23. The grading consists of the construction of a tiered retaining wall system to be screened with landscaping for a single family residential lot located at 27292 Viewpoint Circle (APN 650-282-08) which is General Plan -designated Very Low Density Residential (VLD) and classified residential single-family estate - 20,000 (RSE-20,000) on the Official Zoning Map. Any proposed change of use or expansion of the area or modifications to the site plan or grading plan or structures shall be submitted to the City Planning Division 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) 09-001 is granted to legalize constructed modifications to a previously approved grading plan modification (GPM 05-01) which consists of eliminating retaining walls and modifying the height of retaining walls for Tract 6381, Lot 23. The grading consists of the construction of a tiered retaining wall system to be screened with landscaping for a single family residential lot located at 27292 Viewpoint Circle (APN 650-282-08). This approval is granted based on the application materials submitted by Mike Ospring, Friess Company Builders on January 7, 2009, prepared by Toal Engineering and Daniel Stewart & Associates, including site plan, elevations/sections, preliminary landscape plan and preliminary grading 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 Resolution # 09-5-26-3 Final Conditions of Approval Project # GPM 09-001, Robinson Residence Date: May 26, 2009 Page 2 of 5 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 six (6) months after the approval date unless the use or occupancy which is the subject of this action has taken place and all conditions of approval have been met. 2. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 # 09-5-26-3 Final Conditions of Approval Project # GPM 09-001, Robinson Residence Date: May 26, 2009 Page 3 of 5 8. 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. 9. 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. 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 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. 11. 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, sewer, water, street, and all appurtenant improvements. (ENG) 12. Encroachment Permit. Prior to issuance of grading permit, the applicant shall apply for an encroachment permit for the use of the equestrian trail. (ENG) 13. Grading Plans. Prior to issuance of grading and right-of-way improvement permits, the applicant shall submit to the City Engineer for review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These plans shall show the limits of grading 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) 14. Erosion and Sediment Control Plans. Prior to issuance of grading permit, 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) Resolution # 09-5-26-3 Final Conditions of Approval Project # GPM 09-001, Robinson Residence Date: May 26, 2009 Page 4 of 5 Prior to issuance of FINAL certificate of occupancy and release of sureties: 15. Installation of Landscaping. Prior to issuance of final certificate of occupancy, the applicant shall install all landscaping and irrigation on all manufactured slopes. The owner 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) 16. Final Planning Inspection. A minimum of one week prior to final inspection by the Building and Safety Division, the owner shall schedule a final inspection by the Planning Division, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (PLN) 17. Final Engineering Inspection. Prior to issuance of final certificate of occupancy, the owner shall contact and schedule a final inspection with the City Engineer or designee and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. (ENG) The following conditions and requirements shall be met during construction, from the beginning of the first ground -disturbing activity until the release of sureties. . 18. Drainage Problems. During the entire grading and 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) 19. 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) 20. Waste Disposal and Sanitation. At all times during construction, the applicant shall maintain adequate sanitary disposal facilities and solid Resolution # 09-5-26-3 Final Conditions of Approval . Project # GPM 09-001, Robinson Residence Date: May 26, 2009 Page 5 of 5 waste disposal containers on site. The accumulation of refuse and debris constituting a public nuisance is not permitted. (ENG) 21. 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) 22. Civil Engineer Certification. Prior to the issuance of a final Certificate of Occupancy (C of O) the applicant shall submit a final certification prepared by the project Civil Engineer which states that all grading and drainage has ..been constructed and installed per plan, along with a final drainage/precise grading plan that addresses the erosion along property boundaries and the equestrian trail frontage. Prior to the issuance of the . fiinal.0 of O, the Building Official shall approve all work. Said plan and certification shall be complete. and implemented within six (6) months of this approval or approval. shall become null and void. Any deviation from the approved plan shall require a special review and approval by the City Engineer and Community Development Director. (ENG) Responsible Agencies: B&S Building and Safety ENG = Engineering Department PLN Planning Department Applicant Accept ,anpe of Conditions of Approval: By: V Rdbyn Robinson, Projferty Owner Date SADepartments\Community Deve)bpment\Department\Projects\GPM PROJECTS\GPM0901-Robinson\GPM 0901 PC coa 2610ay09.doc