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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