PC Resolution-08-05-13-01PC RESOLUTION NO. 08-05-13-01
GRADING PLAN MODIFICATION 07-010
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
AN EXISTING SINGLE-FAMILY HOME LOCATED AT 27871
GOLDENRIDGE LANE (ASSESSORS PARCEL NUMBER 650-581-12;
STEVE WOODSON)
Whereas, Scott Phelps requests approval to approve previously constructed
retaining walls along the front portion of the property located at 27871 Goldenridge Lane
which is General Plan -designated Very Low Density (VLD) and classified Residential
Estate 40,000 (RSE-40,000) 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 Planning Commission conducted a duly -noticed public hearing
on December 11, 2007 pursuant to the provisions of Title 9, Land Use Code, Section 9-
2.339, Public Procedures 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:
In the development and approval of Tract 11753, specific slope ownership
was established; however no specific design parameters were established. In
the original Building Permit approval of the single family dwelling the
applicant had proposed and the City administratively approved, a series of
retaining walls to allow the site to be developed. As the project was
developed additional garden/retaining walls were constructed to provide
additional landscape areas. These walls were not permitted and
subsequently Code Enforcement began enforcement procedures. These
walls which exceed twenty four inches (24") altered the grade to such an
extent a grading plan modification was required. The rounded walls follow the
existing grade and provide pockets for landscaping. While not approved by a
discretionary action the built retaining walls are consistent with the
administratively approved series of retaining walls. The proposed work is
PC Resolution 08-05-13-01 2 -May 13 2008
exclusively on the slope identified as the home owner's. Because no design
parameters were established and the existing walls are consistent with the
administratively approved Grading Plan, the existing walls to be legalized
under this approval are found to be consistent with prior actions.
2. The approved Tract Map (Tract 11753) did not establish specific grading
concepts for individual lots including the subject property, only the ownership
of slopes. This lot has been graded for residential development, and based
on staffs findings, was approved administratively. Therefore there are no
grading standards, design concepts or plan approvals from previous
Planning Commission approvals to be consistent with.
3. ,The built walls are removed from any adjacent lots or units. The closest
slope is the upslope to the property to the southeast. This slope as it nears
the property line has been maintained and the applicant has further planted
the slope to enhance the visual aesthetic. No other properties are
immediately adjacent to the area of the retaining walls. Consequently, the
visual impact of the proposed project would be limited and localized. Staff
recommends that the Planning Commission consider the applicant's
proposed modifications and determine that the proposed project would meet
the intent of this requirement.
4. No buildings are proposed to be added or altered. This home was legally
constructed and meets all setback requirements for the Residential Estate
40,000 (RSE 40,000) zone district and development constraints established
in Specific Plan 84-10A.
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) 07-010,. 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, May 28,
2008. This project approval shall be valid for a period of 60 days from the date of approval
of this resolution, and shall expire on July 13, 2008.
PC Resolution 08-05-13-01 3 May 13, 2008
PASSED, APPROVED AND ADOPTED this 13th day of May, 2008, by the
following vote, to wit:
AYES: Chairman Cohen, Commissioners Cardoza, Kerr, Ratcliffe, and Neely
NOES:
ABSTAIN:
ABSENT:
V L (--,
Sheldon Cohen, Chairman
Grant Taylor, A stant . Planning Director,
Secretary
RESOLUTION #: 08-05-13-01
PLANNING COMMISSION
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
CONDITIONS OF APPROVAL
Grading Plan Modification (GPM) 07-010
Woodson Residence
May 13, 2008
May 28, 2008
July 13, 2008
These conditions of approval apply to Grading Plan Modification 07-010 to legalize
previously constructed retaining walls along the front portion of the property located at
27871 Goldenridge Lane, generally located 738 feet north of Steeplechase (APN 650-581-
12) which is General Plan -designated Very Low Density (VLD) and classified Residential
Estate 40,000 (RSE-40,000) on the Official Zoning Map. 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:
1. Grading Plan Modification (GPM) 07-010 is granted to legalize previously
constructed retaining walls along the front portion of the property located at
27871 Goldenridge Lane, generally located 738 feet north of Steeplechase
(APN 650-581-12). This approval is granted based on the application
materials submitted by Scott Phelps on December 7, 2007, including site
plan, elevations, landscape plan and 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 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 60 (60) 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 Planning Department, along with the required fee, at least
Resolution # 08-05-13-01 Final Conditions of Approval
Project # GPM 07-010, Woodson Residence Date: May 13, 2008
Page 2 of 3
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. 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.
6. 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.
7. 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.
8. 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.
Resolution # 08-05-13-01 Final Conditions of Approval
Project # GPM 07-010, Woodson Residence Date: May 13, 2008
Page 3 of 3
9. 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)
10. Grading Plans. Prior to issuance of grading, 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)
Prior to FINAL Building Inspection:
11. 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
Applicant Acceptance of Conditions of Approval:
1
By:
Steven-Weodsen, Property Owner Date