PC Resolution-06-03-14-01PC RESOLUTION NO. 06-03-14-01
GRADING PLAN MODIFICATION 05-05/
TREE REMOVAL PERMIT 05-187
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A GRADING PLAN MODIFICATION AND TREE REMOVAL PERMIT FOR TRACT 6305,
LOTS 97 & 98 FOR EXISTING SINGLE-FAMILY HOMES LOCATED AT 30532 AND
30542 STEEPLECHASE DRIVE (ASSESSORS PARCEL NUMBERS 650-361-08 & 09;
MATTHEWS/YAZDANSHENAS)
Whereas, John Matthews and Ali Yazdanshenas have requested approval of
a modification to the existing grading and approved grading plan for Lots 97 and 98 of
Tract 6305; and, the proposed grading modifications propose to re -grade a portion of Lot
97 in order to provide a rear yard for the existing dwelling on that lot, modify the grading
and retaining walls on Lot 98 that consists of a single-family residence that is under
construction, and to import a total of 7,850 cubic yards of fill for both lots on property
located at 30532 (Lot 98) and 30542 (Lot 97) Steeplechase Drive which are General Plan -
designated Very Low Density (VLD) and classified as Residential Single -Family 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 Project Manager has reviewed the project pursuant to Section
15061 of the California Environmental Quality Act (CEQA) and on February 21, 2006,
issued a Mitigated Negative Declaration and all mitigation measures have been
incorporated herein; and,
Whereas, the Planning Commission has considered the Project'Manager's
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA),has considered all project environmental documentation and technical studies;
and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on March 14, 2006 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy
510 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 finds:
The proposed regarding of Lot 97 and the grading modification to the
previously -approved grading plan for Lot 98 would be consistent with the
I
PC Resolution 06-03-14-01 2 March 14, 2006
general design of the mass grading plan approved by the City Council as
part of Tentative Tract Map 6305 and the Hunt Club Specific Plan, subject to
the conditions of approval attached hereto.
2. The proposed modification uses natural landform sculpting to preserve
natural features; provides retaining walls that follow the natural contour of the
land; incorporates fill and landscaping to screen the wall heights. The lots
are in a private residential community and public view of the site is limited.
Other lots in the same vicinity have previously been granted similar
approvals.
3. The proposed modification to the grading plan meets all required minimum
setbacks for buildings and improvements as defined in the applicable Zone
District, and standards established by Section 9-4.313 Graded Slopes of this
title.
4. The request for the tree removal on Lot 97 is reasonable in that six of the
eleven trees proposed to be removed are dead and the applicant proposes
to replace the trees with 43 new trees on Lot 97, 32 new trees on Lot 98, as
well as an additional 45 trees to be located in the trail easement; and,
further, the applicant proposes to save 24 existing trees on Lot 97 and 3
existing tree on Lot 98.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby adopts a Mitigated Negative
Declaration and approves Grading Plan Modification (GPM) 05-05 and Tree Removal
Permit (TRP) 05-187, based upon the findings set forth herein and subject to the mitigation
measures and conditions of approval contained in Attachment 1, 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, March 29,
2006. This approval shall remain in effect until the expiration date as stated in the attached
conditions of approval (Attachment 1).
PC Resolution 06-03-14-01 3 March 14, 2006
PASSED, APPROVED AND ADOPTED this 14th day of March, 2006, by the
following vote, to wit:
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
Tim N ,'Cha"irmao
Molly Bogh lannM g Director, Secretary
Resolution # 06-03-14-01 Draft/ Final Conditions of Approval
GPM05-05 Date: March 14, 2006
Page 1 of 10
RESOLUTION #: 06-03-14-01
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: GPM05-051TRP05-187
Project Name: Matthews/Yazdanshenas Residences
APPROVAL DATE: March 14, 2006
EFFECTIVE DATE: March 29, 2006
EXPIRATION DATE: March 14, 2007
These conditions of approval apply to Grading Plan Modification (GPM) 05-05/Tree
Removal Permit (TRP) 05-187 to permit the regarding, construction of retaining walls
and drainage structures, and tree removal on two adjacent lots located at 30532 and
30542 Steeplechase Drive. 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 purposes 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:
GPA 05-05/TRP 05-187 is granted to regrade existing lots, to construct
associated retaining walls and drainage structures located at 30532 and
30542 Steeplechase Drive, and to permit the removal of eleven trees on
Lot 97 (APN 650-351-08 & 09). This approval is granted based on the
application materials submitted by John Matthews and Ali Yazdanshenas
consisting of Grading Plan, dated February 2, 2006, prepared by Gaby
Antoun, P.E., and Landscape Plan, dated November 14, 2005, prepared
by Blake Hinman, ASLA. 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 March 14, 2007, 12 months after
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 2 of 10
the 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. 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.
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 3 of 10
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
agencies. The duty of inquiry as to such requirements shall be upon the
applicant. J
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.* Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Conceptual grading plans
shall be subject to review by the Design Review Committee. Precise
grading shall be consistent with the approved conceptual grading plan and
site plan. These plans shall show, at minimum, the limits of grading, the
drainage, any applicable retention/detention basins, sewer, water, trails,
parkways, and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond
with the orange County benchmark datum. All drainage must be treated
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 4 of 10
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plans shall show the
following information: (ENG/PLN)
a. Location of all existing trees and indicate trees to be removed and
trees to remain in place (PLN)
b. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (PLN)
c. Location, height, materials and colors of any retaining walls. (PLN)
13.* Drainage Improvement plans. Prior to issuance of a grading permit, the
applicant shall submit to the City Engineer for review and obtain approval
for Drainage Improvement Plans, specific to the project, which reflect
consistency with the City's Drainage Master Plan. These plans can be
incorporated with the grading plans. Said plans shall show locations of all
existing and proposed facilities. All drainage must be treated prior to being
conveyed to the street or a City approved drainage facility in accordance
with the National Pollutant Discharge Elimination System. If an existing
down stream drainage facility is inadequate, or, in the opinion of. the City
Engineer, is not sufficient to properly carry the proposed and altered
discharge generated by this project, the applicant shall then design and
provide other alternative methods for properly conveying such discharge,
at applicant cost, in a manner acceptable to the City Engineer. Any
deviation from such requirements shall be subject to City Engineer review
and approval. Every proposed drainage system shall be placed within its
proper easement and appropriately dedicated. (ENG)
14.* Soils/Geology. Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Repo rt/Geotech n ica I Feasibility Study prepared by a Registered Geologist
and Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (ENG)
15.* Erosion & 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
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01 Draft/ Final Conditions of Approval
GPM05-05 Date: March 14, 2006
Page 5 of 10
Control Plans, using Best Management Practices prepared by a
Registered Civil Engineer. These plans shall show, in accordance with the
NPDES Permit, all temporary and/or permanent erosion and sediment
control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent
public trespass onto certain areas where impounded water may create a
hazardous condition. (ENG)
16.* Submit Haul Route Plan. Prior to issuance of a grading permit, a Haul
Route Plan shall be prepared to the approval of both the City Engineer
and Homeowners' Association. The Plan shall outline the exact number of
truck trips to the site, routes, including both entry and exit from the Hunt
Club subdivision, time of day, and permitted days of the week, and the
hours of truck traffic shall be consistent with the hours as outlined in
Condition No. 33 below. The Plan shall also include notification to the
residents within the Hunt Club of the days and times of the truck delivery
operations, and shall provide for clean-up and maintenance measures in
the event of any soil spills on either public streets or private streets within
the Hunt Club. Prior to commencement of haul activities, the applicant
shall obtain a Haul Route Permit and pay required fees to the Engineering
Department. (ENG)
17. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
grading permits, the applicant shall submit to the City Engineer for review
and obtain approval for a program complying with the requirements of the
California Integrated Waste Management Act of 1989 to reduce
construction and demolition debris through recycling. (ENG)
18. Connection to City Drain must be Documented and Filed. Prior to
issuance of a grading permit, any proposed connections to existing public
storm drains system, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to exiting plans, where points of
connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
.improvements and release of performance securities. (ENG)
19.* NPDES — Water Quality Requirements and.Compliance. 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, a
Water Quality Management Plan (WQMP) specifically identifying structural
and non-structural Best Management Practices (BMP's) that will be used
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 6 of 10
on-site to control predictable pollutant runoff. The applicant shall obtain
and follow the City of San Juan Capistrano's WQMP outline and
instructions. The applicant shall also comply with all the requirements of
the latest NPDES Permit, the City's Water Quality Ordinance & Local
Implementation Plan and the Clean Water Act. (ENG)
20. Drainage Acceptance Letter. Prior to issuance of a grading permit,
drainage acceptance letter from each affected property owner shall be
submitted to the City Engineer when the pre -developed storm runoff onto
any adjacent property is increased, concentrated, diverted, or changed in
any form as required by State law. Any request to deviate from this
requirement shall be subject to review and approval by the City Engineer.
(ENG)
21. Off-site Easements. Prior to issuance of a grading permit, applicant shall
obtain and record off-site easements from the affected property owner(s)
for all proposed off-site improvements (i.e. slopes, trails, walls, drainage,
etc.). The applicant shall bear all costs for obtaining said easements. The
City Engineer shall have the right to withhold approval of the affected
improvement plans for failure to satisfy this condition. (ENG)
22. Revised Plans. Prior to issuance of a grading permit the applicant shall
submit a revised site plan to the Planning Department for approval which
incorporates changes approved by the Planning Commission and reflects
consistency with these conditions of approval. Six copies of the revised
site each plan are required, except as otherwise authorized by the
Planning Director. (PLN)
23. Orange County Fire Authority (OCFA) Approval. Prior to grading, street
improvement plans, location of fire hydrants in the public right of way,
emergency access including the spine access road, traffic/parking study,
and the on-site driveway and loading zone emergency access areas of the
proposed project shall be reviewed and approved by the Orange County
Fire Authority (OCFA).
24. Fire Flow Demands. Prior to the issuance of grading and right-of-way
improvements permits, the applicant shall obtain from the Orange County
Fire Authority (OCFA) the required fire flow demands and the fire
protection requirements to serve the subject project and shall provide
evidence of satisfactory fire flow. (PW)
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 7 of 10
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
25. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
26. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
27. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
28. Automatic Fire Sprinkler Systems. Prior to the issuance of a building
permit, the applicant shall submit plans for the required automatic fire
sprinkler system in all structures to the Fire Chief for review and approval.
Prior to the issuance of a certificate of use and occupancy, this system
shall be operational in a manner meeting the approval of the Fire Chief.
Please contact the OCFA at (714) 573-6100 to request a copy of the
"Orange County Fire Authority Notes for New NFPA 13 Commercial
Sprinkler Systems." (OCFA)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
29.* Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Haul Route Plan
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
c. Traffic Control Plan
d. Construction Debris Recycling Plan
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 8 of 10
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
30. Drainage Problems. During the entire grading a 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)
31. 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)
32. 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)
33. Construction hours. Construction hours shall be limited to 8:30 a.m. to
4:30 p.m. Monday through Saturday. Construction activity shall not be
permitted on Sundays or any Federal holiday. (PLN)
34. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for
any construction trailer and staging areas for equipment and materials.
(PLN)
35. 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)
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 9 of 10
Additional Conditions per Mitigation Measures in the Mitigated Negative
Declaration:
Aesthetics
36.* Landscaping_ The applicant shall complete the installation of landscape
material consistent with the Planning Commission -approved preliminary
landscaping plan including drought -tolerant trees, shrubs and vines that
will substantially screen the proposed retaining walls from surrounding
neighborhood and distant views. In addition, additional trees shall be
planted at the base of the slope on Lot 97 in order to mitigate the removal
of the healthy trees located on that lot and to screen the graded areas
from residences located to the south. The Alders proposed at the toe of
the slope on Lot 97 shall be replaced with Lombardy Poplars or other
drought -tolerant species approved by the City Planning Director.
37.* Retaining Wall Screening. Proposed retaining walls on Lot 98 shall be
screened with vines and other plants to the maximum extent possible, and
shall be painted an earthtone or other neutral color to blend with the
surrounding areas. (PLN)
38.* Screening From Adjacent Parcel. A 3 -foot high wall shall be constructed to
the south of the trail easement located along the south property line of Lot
97 and a minimum of forty-five (45) trees sized a minimum of 15 -gallon
shall be installed by the applicant along the wall (both the wall and trees to
be located on Lot 52). Tree species shall be to the approval of both the
Homeowners' Association and City Planning Director. (PLN)
39.* Retaining Wall Design. The existing retaining wall located on the west side
of Lot 98 shall be saw -.cut in a manner that the stepped wall will be a
continuous uniform angle with no stepped rises. (PLN)
40.* Terrace Drain Design. All terrace drains and other similar structures shall
incorporate the use of earthtone-colored concrete. (PLN)
Air Quality
41.* Prior to issuance of a grading permit, the applicant shall submit dust
control plans for managing/reducing PM10 emissions associated with
grading and construction to the satisfaction of the Building Official or his
designee. The dust control plan will be consistent with South Coast Air
*Denotes Environmental Mitigation Measure
Resolution # 06-03-14-01
GPM05-05
Draft/ Final Conditions of Approval
Date: March 14, 2006
Page 10 of 10
Quality Management District (SCAQMD) Rule 403 and may include use
of soil binders, truck washing, street sweeping, and regular vehicle
maintenance.
42.* During periods when average wind speeds exceed twenty-five (25) miles
per hour, the City's grading inspector shall have the authority to require
the project to cease all grading activity, or implement extraordinary air
quality mitigation to effectively reduce fugitive dust emissions (PM,o).
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: March 14, 2006
Resolution No.: 06-03-14-01
Effective Date: March 29, 2006
App " ccep n e of Conditions of Approval:
By:
A ans nas
John Matthews
e� 444w"
*Denotes Environmental Mitigation Measure
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Date
Date