PC Resolution-07-12-11-06PC RESOLUTION NO. 07-12-11-06
GRADING PLAN MODIFICATION 07-02
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 808, LOT 8 & 9 FOR AN EXISTING SINGLE-FAMILY HOME
LOCATED AT 31315 DON JUAN AVENUE (ASSESSORS PARCEL
NUMBER 124-201-23; YIA MOUA)
Whereas, Yia Moua requests approval to legalize grading for the construction
of a single family dwelling unit for Lot 8 & 9 of Tract 808. The grading consists of the
construction of a tiered retaining wall system to support the existing residential unit located
at 31315 Don Juan Avenue which is General Plan -designated Medium High Density (MHD)
and classified Mission Residential District 4,000 (MRD -4,000) 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 Meeting 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:
The proposed modification to the previously -approved grading plan would be
consistent with the general design of the mass grading plan approved by the
County of Orange as part of Tract Map 808 because the proposed grading plan
and retaining wall concept consists of tiered retaining walls to structurally
stabilize the existing residential unit. The wall configuration will result in site plan
improvements that work with the existing grades of the property and avoid the
use of tall linear walls. The cut on the slope is limited to the front and rear
portion of the property and is stabilized with the use of tiered Verdura walls,
which will be planted with groundcover and vines. The base of the walls will be
landscaped with California friendly plants to screen the walls from the
surrounding views.
PC Resolution 07-12-11-06 2 December 11, 2007
The 1926 the County of Orange approved tract map established grading
concepts for individual lots including the subject property. The individual pads
were designed to minimize the amount of pad grading and to avoid the creation
of large manufactured slopes. Based on the staff's findings, other existing
similar retaining walls in the area, the amount of grading with the use of terraced
walls, and limited number of exposed retaining walls, staff recommends that the
Commission find that the proposed modifications to the grading plan are
consistent with design concepts or plan approvals pursuant to the County of
Orange's 1926 approval of Tract 808.
3. The proposed grading modification includes a series of terraced retaining walls
that are located along the sides of the residence and that vary between 3-6 feet
in height. The landscape plan is designed to ensure that the retaining walls
blend in with the existing slope and with the adjacent property boundaries.
Consequently, the visual impact of the proposed project would be limited and
localized. Staff recommends that the Planning Commission determine that the
project meets the intent of this requirement.
4. As designed, the project would 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) 07-02, 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, December
26, 2007. This project approval shall be valid for a period of 60 days from the date of
approval of this resolution, and shall expire on February 11, 2008.
PASSED, APPROVED AND ADOPTED this 11th day of December, 2007, by
the following vote, to wit:
AYES: Chairman Cardoza, Commissioners Cohen, Kerr and Neely
NOES: None
ABSTAIN: None
ABSENT: Commissioner Ratcliffe
PC Resolution 07-12-11-06 3 December 11, 2007
Grant Taylor, (Assistant Planning Director,
Secretary
PAPlanning\Projects\GPM PROJECTSGPM0702Moua\GPM 0702 PC reso 1l Dec07 FINAL.doc
RESOLUTION #: 07-12-11-06
Project #:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Grading Plan Modification (GPM) 07-02
Moua Residence
December 11, 2007
December 26, 2007
February 11, 2008
These conditions of approval apply to Grading Plan Modification 07-02 to legalize
grading for the construction of a single family dwelling unit for Lot 8 & 9 of Tract 808.
The grading consists of the construction of a tiered retaining wall system to support the
existing residential unit located at 31315 Don Juan Avenue (APN 124-201-23) which is
General Plan -designated Medium High Density (MHD) and classified Mission
Residential District 4,000 (MRD -4,000) 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) 07-02 is granted to legalize grading for
the construction of a single family dwelling unit for Lot 8 & 9 of Tract 808.
The grading consists of the construction of a tiered retaining wall system
to support the existing residential unit located at 31315 Don Juan Avenue
(APN 124-201-23). This approval is granted based on the application
materials submitted by Yia Moua on March 7, 2007, prepared by Yia
Moua & Fabian Velasco, Civil Engineer including site plan, elevations,
preliminary landscape plan and preliminary 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
Resolution # 07-12-11-06 Final Conditions of Approval
Project # GPM 07-02, Moua Residence Date: December 11, 2007
Page 2 of 5
sixty (60) days after the approval date unless the use or occupancy which
is the subject of this action has taken place and all conditions of approval
have been met.
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,
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
Resolution # 07-12-11-06 Final Conditions of Approval
Project # GPM 07-02, Moua Residence Date: December 11, 2007
Page 3 of 5
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, sewer, water, street, and all
appurtenant improvements. (ENG)
12. _ Street Frontage Improvements. Prior to issuance of grading and right-of-
way improvement permits, the applicant shall install all street frontage
improvements to the satisfactory of the City Engineer. (ENG)
13. Gradin Plans. lans. Prior to issuance of grading and right-of-way improvement
permits, 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)
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)
Resolution # 07-12-11-06 Final Conditions of Approval
Project # GPM 07-02, Moua Residence Date: December 11, 2007
Page 4 of 5
Prior to issuance of FINAL certificate of occupancy and release of sureties:
15. Installation of Landscaping. Prior to issuance of final certificate of
occupancy, the applicant shall install all landscaping and irrigation on all
manufactured slopes. The developer shall provide a certification, from a
licensed Landscape Architect, stating 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)
16. _ Landscape Plan. The pinus thumbergiana 'Japanese Black Pine' shall be
replaced with an evergreen shrub and the eucalyptus kruseana 'Kruse's
Mallee' shall be replaced with a 24" Box Olea Europaea `Olive tree'. (PLN)
17. _ 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)
18. Final Engineering Inspection. Prior to issuance of final certificate of
occupancy, the applicant shall contact and schedule a final inspection with
the City Engineer or designee and shall pay any outstanding balance in
the Developer Deposit Account assigned to this application. (ENG)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the release of
sureties.
19. Drainage Problems. During the entire grading and 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 # 07-12-11-06 Final Conditions of Approval
Project # GPM 07-02, Moua Residence Date: December 11, 2007
Page 5 of 5
20. 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)
21. 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)
22. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30: 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)
23. _ 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)
24. _ Civil Engineer Certification. Prior to the issuance of a final Certificate of
Occupancy (C of O) the applicant shall submit a final certification prepared
by the project Civil Engineer which states that all grading and drainage
has been constructed and installed per plan, along with a final
drainage/precise grading plan that addresses the erosion along property
boundaries and the street frontage. Prior to the issuance of the final C of
O, the Building Official shall approve all work. Said plan and certification
shall be complete and implemented within 60 days of this approval or
approval shall become null and void. Any deviation from the approved
plan shall require a special review and approval by the City Engineer and
Planning Director. (ENG)
Responsible Agencies
Applicant
In
B&S
Building and Safety
ENG =
Engineering Department
PLN =
Planning Department
a, Property Owner
of Approval:
/ - /o ._ «r_
Date
P:\Planning\Projects\GPM PROJECTS\GPM0702Moua\GPM 0702 PC coal 1 Dec07.doc