PC Resolution-08-04-08-02PC RESOLUTION NO. 08-04-08-2
GRADING PLAN MODIFICATION 08-001
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 6788, LOT 16 FOR A VACANT PARCEL LOCATED AT 25711
PASEO DE LA PAZ (ASSESSORS PARCEL NUMBER 673-061-13; TERRY
HIRCHAG)
Whereas, Terry Hirchag has requested approval of a modification to the
grading for Tract 6788 Lot 16; and, the proposed grading modifications incorporate a tiered
retaining wall system for construction of a single story residence with a basement on single
family residential property located at 25711 Paseo de la Paz, which is Geaeral Plan -
designated Very Low Density (VLD) and classified "RSE 40,000" (residential single-family
estate -40,000 s.f. lot minimum) 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 Planning Commission conducted a duly -noticed public hearing
on April 8, 2008 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy 409, and Planning 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 proposed grading modification to the unimproved lot would be consistent
with the general design of the grading plans of the adjacent properties and with
Tract 6788 because the proposed grading plan and retaining wall concept
consists of tiered retaining walls that will follow the natural contours at the front
and rear of the property. The cut and fill will be balanced on the site. The
applicant proposes to plant the tops of the walls with Rosemary and
bougainvillea. The base of the walls will be landscaped with a moderately -
drought tolerant palate that compliments the Tuscan architecture of the
residence and will screen the walls from the surrounding views.
PC Resolution 08-04-08-2 2 April 8, 2008
2. The proposed modifications to the grading plan are consistent with any grading
standards and design concepts or previous approvals because the proposal is
consistent with design concepts for individual lots in Tract 6788. The individual
pads were designed to minimize the amount of pad grading and the creation of
large manufactured slopes, and generally follow the natural 6% slope along
Paseo de la Paz.
Based on the Staff's findings, other existing similar retaining walls in the area,
and the limited amount of grading, the Commission does hereby find that the
proposed modifications to the grading plan are consistent with design concepts
of Tract Map 6788.
3. The proposed modification to the grading plan will remain consistent and
compatible with immediately adjacent lots because the proposed grading
concept includes five (5) tiered retaining walls that are rounded at the ends or
saw -tooth, and have a maximum exposed face height of 4'-0". Grading would
not require the import or export of any soil. The retaining walls will blend in with
the existing slope and with the adjacent property boundaries. The rounded walls
will blend in with the existing terrain and the saw -tooth walls will compliment the
design of the pool. Consequently, the visual impact of the proposed project
would be limited and localized. The Planning Commission does hereby
determine that the proposed project would meet the intent of this requirement.
4. The proposed modifications to the grading plan meet the development standards
with respect to setbacks and height. The proposed wall design is consistent with
other projects in the vicinity.
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) 08-001, 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, April 23,
2008. This project approval shall be valid for a period of one year from the date of approval
of this resolution, and shall expire on April 8, 2009, 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.
PASSED, APPROVED AND ADOPTED this 8t" day of April, 2008, by the
following vote, to wit:
PC Resolution 08-04-08-2 3 April 8, 2008
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioners Cardoza,
and Kerr
NOES: None
ABSTAIN: None
ABSENT: Commisioner Neely
�-'
!!5'L
Sheldon Cohen, Chairman
Grant Taylor, A sistant Planning Director,
Secretary
PAPlanning\Projects\GPM PROJECTS\GPM08001Hirchag\GPM 08-001 PC reso MprMdoc
RESOLUTION #: 08-04-08-2
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: Grading Plan Modification (GPM) 08-001
Project Name: Hirchag Residence
APPROVAL DATE: April 8, 2008
EFFECTIVE DATE: April 23, 2006
EXPIRATION DATE: April 8, 2009
These conditions of approval apply to Grading Plan Modification 08-001, a request to
grade an existing vacant lot and construct tiered retaining walls and a 7,782 square foot
residence and comprehensively re -landscape an existing 1 acre lot, generally located
600 feet northwest of Del Obispo at 25711 Paseo de la Paz (Tract 6788, Lot 16) (APN:
673-061-13) Any proposed change of use or expansion of the area or modifications to
the site plan or structures shall be submitted to the City Planning 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) 08-001 is granted to construct terraced
retaining walls and grading associated with the construction of a residence
with a basement level. This approval is granted based on the application
materials submitted by Terry Hirchag of CDM Development on January
18, 2008, prepared by Toal Engineering on March 7, 2008 including site
plan, cross sections, and precise grading plan preliminary landscape plan
(prepared by Integration Design Studio). 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 Planning 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
Planning 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
Resolution # 08-04-08-2
Project # GPM 08-001, Hirchag Residence
Final Conditions of Approval
Date: April 8, 2008
Page 2 of 7
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 Planning
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval, except as otherwise approved by the
Planning Director.
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,
Resolution # 08-04-08-2 Final Conditions of Approval
Project # GPM 08-001, Hirchag Residence Date: April 8, 2008
Page 3 of 7
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
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, applicable sewer, water,
street, and all appurtenant improvements. (ENG)
12. 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)
13. 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 ## 08-04-08-2 Final Conditions of Approval
Project # GPM 08-001, Hirchag Residence Date: April 8, 2008
Page 4 of 7
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 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)
15. 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:
16. 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)
17. Landscape Plans. Prior to issuance of any building permit, the applicant
shall submit final landscape plans for review and obtain approval of the
Planning Director. Said landscape plans shall incorporate native and
drought tolerant plant material and shall be in substantial compliance with
the Planning Commission approved plans. Prior to issuance of a building
permits, obtain a tree removal permit. (PLN)
Prior to issuance of any certificate of occupancy or release of sureties:
18. Installation of Landscaping. Prior to issuance of any certificate of
occupancy, 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
Resolution # 08-04-08-2 Final Conditions of Approval
Project # GPM 08-001, Hirchag Residence Date: April 8, 2008
Page 5 of 7
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:
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)
Resolution # 08-04-08-2 Final Conditions of Approval
Project # GPM 08-009, Hirchag Residence Date: April 8, 2008
Page 6 of 7
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
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)
FIRE AUTHORITY CONDITIONS:
Fuel Modification
Service Codes: PR120 & PR124 (Conceptual and Precise Fuel Modification)
27. Prior to the issuance of a grading permits, the applicant shall obtain
approval from the Orange County Fire Authority for any modification to an
exiting fuel modification plan and program. This condition would only
apply if there is a fuel modification zone in place. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guideline for Fuel Modification Plans and Maintenance."
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Resolution # 08-04-08-2
Project # GPM 08-009, Hirchag Residence
Applicant Acceptance of Conditions of Approval:
By: k—�—
Terry Hirchag, Property Owner
CDM Development
Final Conditions of Approval
Date: April 8, 2008
Page 7 of 7
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