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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