PC Resolution-08-06-24-01PC RESOLUTION NO. 08-06-24-01
GRADING PLAN MODIFICATION 07-007 & CUP 08-002
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 AND
CONDITIONAL USE PERMIT FOR AN EXISTING SINGLE-FAMILY HOME
LOCATED AT 31484 LA PASITA (ASSESSORS PARCEL NUMBER 124-
671-40; LESETH RESIDENCE)
Whereas, Michael LeSeth requests approval legalize previously constructed
sports court lighting and retaining walls along the rear and side portions of the property
located at 31484 La Pasita, 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:
1. The subject site came into being as result of approval of Tentative Parcel
Map 88-396 through Resolution 90-6-26-4 (see attachment 06) of the
Planning Commission. The resolution and meeting minutes of the June 26,
1990 Planning Commission (see attachment 07) reference specifically the
following Condition of Approval "... The western perimeter of the graded pad
and accessory structures for parcel 3 shall not extend beyond the existing
135 -foot contour line. The minor grading needed to construct the building
pad may extend beyond these contours." In review of the worked performed
it has not been done to extend the building pad past the 135 -foot contour
line. The purpose and intent of the walls is to provide access to the upper
slope areas and additional planting areas, neither of which is inconsistent
with the specific design parameter established by Resolution 90-3-26-4.
Because the proposed action is consistent with prior discretionary action staff
PC Resolution 08-06-24-01 2 June 24, 2008
determines it satisfies this finding.
2. The proposed walls follow the existing grade in a meandering fashion. The
walls provide access to the upper areas of the slope, but do not alter the
overall grade, nor destabilize any adjacent graded lots. The walls would
blend the grading into the adjacent property boundaries and are rounded a
both the top and the bottom. While the grading does exceed the two foot (2)
differential from the existing approved grading plan, however the grading is
not excessive and all visual impacts associated with the walls are burdened
by the subject property. Because the proposed work harmonizes with the
existing grade, the slopes are rounded at the top and bottom and the slopes
are blended with adjacent property boundaries it is found to be consistent
with the provision of this finding.
3. 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.
4. The Parks & Recreation Element of the General Plan discusses the
importance of recreation activities in the City and points out that, recreational
activities contribute to the quality of life of the City's residents. The proposed
conditional use permit to allow sports court lighting is consistent with the
policies, objectives and recommendations of the General Plan.
5. The RSE-40,000 (Single Family) zone district permits lighting of sports courts
per Section9-3.529 (c) (Table 3-28) of the Municipal Code subject to the
approval of a Conditional Use Permit. The proposed project is consistent with
the purpose and intent of the zone district and meets or exceeds all District
and Supplemental District Standards. Because the project is consistent with
all Municipal Code standards it is found to satisfy the required finding.
6. Other surrounding properties have received previous approval for lighting of
tennis courts and sports courts and have been conditioned to provide
screening for the court and for the light fixtures and poles. The sports court
lighting has been in place for a period of approximately five years without
issue. The applicant along the northerly property line has planted a series of
Italian Cypresses that effectively screen the lighting from the adjacent
roadway. No properties are immediately adjacent to this area of the property
other than Tar Farms which is across San Juan Creek Rd. to the north. Due
to the existing planting effectively screening the lighting no additional
Condition of Approval is necessary other than requiring that the trees along
San Juan Creek Rd. should remain and that if any tree removal permit is
requested for these trees, that they are replanted. With the provided
condition the proposed action is consistent with previous approvals and is
compatible with existing surrounding land uses.
PC Resolution 08-06-24-01 3 June 24, 2008
7. 9-3.529(c) (Table 3-28) of the Municipal Code does not allow fixtures and
poles to exceed 25 feet in height for courts and requires that they are metal
halide. The project proposes to install eight mounted metal halide on poles
measuring 20 feet in height. The court has an existing perimeter fence that
measures approximately 10-12 feet in height and is screened with dense
landscaping. The proposed fencing as well as the proposed lighting are
outside the twenty foot required setback and.thus meet the Municipal Code's
requirements. The proposed project will comply with all applicable provisions
of Title 9, Land Use Code. Due to the consistency with the Municipal Code,
the proposed project satisfies this finding.
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 and Conditional Use
Permit (CUP 08-002), 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, July 9,
2008. This project approval shall be valid for a period of 90 days from the date of approval
of this resolution, and shall expire on September 24, 2008.
PASSED, APPROVED AND ADOPTED this 24th day of June, 2008, by the
following vote, to wit:
Cohen, Vice Chairwoman Ratcliffe, Commissioners
err, and Neely
Sheldon Cohen, Chairman
Grant Taylor, ss stant Planning Director,
Secretary
RESOLUTION #: 08-06-24-01
PLANNING COMMISSION
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
CONDITIONS OF APPROVAL
Grading Plan Modification (GPM) 07-007 &
Conditional Use Permit
LeSeth Residence
June 24, 2008
July 9, 2008
September 24, 2008
These conditions of approval apply to Grading Plan Modification 07-010 and Conditional
Use Permit CUP 08-002, to legalize previously constructed sports court lighting and
retaining walls along the rear and side portions of the property located at 31484 La
Pasita, a flag lot located on the south side of San Juan Creek Road, north of La Pasita,
in between Camino Lacouague and Julianna Farms Road, south of Tar Farms Stables.
(APN 124-671-40). 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 and Conditional Use Permit 08-
002 is granted to legalize previously constructed sports court lighting and
retaining walls along the rear and side portions of the property located at
31484 La Pasita, a flag lot located on the south side of San Juan Creek
Road, north of La Pasita, in between Camino Lacouague and Julianna
Farms Road, south of Tar Farms Stables. (APN 124-671-40) This
approval is granted based on the application materials submitted by
Michael LeSeth on October 16, 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
Resolution # 08-06-24-01 Final Conditions of Approval
Project # GPM 07-007, LeSeth Residence Date: June 24, 2008
Page 2 of 4
day following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire ninety (90) days 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 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 theplansor 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
Resolution # 08-06-24-01 Final Conditions of Approval
Project # GPM 07-007, LeSeth Residence Date: June 24, 2008
Page 3 of 4
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)
Prior to Plan Check Submittal:
9. Developer Deposit. Prior to the submittal of plans for Plan Check purposes
the applicant shall deposit additional funds to cover the deficiency of the
account. (PLN)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
10. 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)
11. 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
grading repair to the inundated area along the property frontage with San
Juan Creek Road, a drainage system, to be constructed at applicant's
cost, which would collect the surface runoff as well as the slope
subsurface runoff at the south west corner of the property and carry such
flows by gravity, via a storm drain pipe system and dispose of said flows
into either the inlet structure at the adjacent north westerly property, or
into a City approved drainage facility by means of an encroachment
permit. 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:
12. Final Planninq Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
Resolution # 08-06-24-01 Final Conditions of Approval
Project # GPM 07-007, LeSeth Residence Date: June 24, 2008
Page 4 of 4
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
13. Vehicle Access Gate. A minimum of one week prior to Final Planning
inspection the rear vehicle gate shall either be completely closed with
block or reduced to a pedestrian gate access not to exceed 44" in width.
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
Applicant Accepta
M
Micha
of Conions of Approval:
Property OAer
9-6?,6-02 -
Date