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