PC Resolution-06-11-28-01PC RESOLUTION NO. 06-11-28-1
GRADING PLAN MODIFICATION 05-01
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 6381, LOT 23 FOR AN EXISTING SINGLE-FAMILY HOME
LOCATED AT 27292 VIEWPOINT CIRCLE (ASSESSORS PARCEL
NUMBER 650-282-08; GLENN & ROBYN ROBINSON)
Whereas, Glenn & Robyn Robinson have requested approval of a
modification to the conceptual grading plan for Tract 6381, and specifically, that portion of
the mass grading plan for Lot 23; and, the proposed grading modifications propose a tiered
retaining wall system to support the reconstruction of a swimming pool and outdoor
gathering area on a single family residential property located at 27292 Viewpoint Cirlce
which is General Plan -designated Very Low Density (VLD) and classified "RSE 20,000"
(residential single-family estate -20,000 s.f. lot minimum) 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 November 28, 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:
/ 1. The proposed modification to the previously -approved grading plan would be
consistent with the general design of the mass grading plan approved by the City
Council as part of Tract Map 6381 because the proposed grading plan and
retaining wall concept consists of tiered retaining walls to structurally stabilize
the existing swimming pool deck which is damaged due to ground movement
and to create an outdoor gathering area. The propose wall design will follow the
natural contours at the rear of the unit. The fill on the slope will be limited to the
rear of the property, which is located below the street grade. The applicant
proposes to use Vedura #40 walls, which will be will be planted with Rosemary
PC Resolution 06-11-28-1 2 November 28, 2006
and bougainvillea. The base of the walls will be landscaped with California
friendly plants to screen the walls from the surrounding views.
2. The proposed modifications to the grading plan are consistent with any grading
standards and design concepts or plan approvals pursuant to previous Planning
Commission approvals because the 1977 conditionally -approved Tract Map
established approved grading concepts for individual lots including the subject
property. The individual pads were designed to minimize the amount of pad
grading and the creation of large manufactured slopes.
Based on the Staff's findings, other existing similar retaining walls in the area,
and the limited amount of grading, the Commission does hereby find that the
proposed modifications to the grading plan are consistent with design concepts
or plan approvals pursuant to the City Council's 1977 approval of Tract Map
6381.
3. The proposed modification to the grading plan will remain consistent and
compatible with immediately adjacent lots because the proposed grading
concept includes six (6) tiered retaining walls that are rounded at the ends and
that have a maximum exposed height of 8'-0". Grading would involve importing
approximately 1,200 cy's of fill. The retaining walls will blend in with the existing
slope and with the adjacent property boundaries. The rounded walls will blend
in with the existing terrain. Consequently, the visual impact of the proposed
project would be limited and localized. The Planning Commission does hereby
determine that the proposed project would meet the intent of this requirement.
4. The proposed modifications to the grading plan meet the development standards
with respect 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) 05-01, 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
13, 2006. This project approval shall be valid for a period of one year from the date of
approval of this resolution, and shall expire on November 28, 2007, unless a time
extension, building permit, or grading permit application related to this discretionary
approval is submitted to the City on or prior to that date.
PC Resolution 06-11-28-1 3 November 28, 2006
PASSED, APPROVED AND ADOPTED this 28th day of November, 2006, by
the following vote, to wit:
AYES: Chairman Cardoza, Vice -Chairman Cohen, Commissioners Neely,
Ratcliffe, and Drey
NOES: None
ABSTAIN: None
ABSENT: None
Robert Car oza, Chairman
illia -' ningham, Interim Planning Director,
Se cr ary
PAPlanning\Archive\GPM PROJECTS\Gpm0501Robinson\GPM 05-01 PC reso MovMdoc
RESOLUTION #: 06-11-28-1
EXHIBIT A
PLANNING COMMISSION
CONDITIONS OF APPROVAL
Project #: Grading Plan Modification (GPM) 05-01
Project Name: Robinson Residence
APPROVAL DATE: November 28, 2006
EFFECTIVE DATE: December 13, 2006
EXPIRATION DATE: November 28, 2007
These conditions of approval apply to Grading Plan Modification 05-01 to construct
tiered retaining walls to structurally stabilize the existing swimming pool deck which is
damaged due to ground movement and to create an outdoor gathering area. The
property is zoned RSE-20,000 with a General Plan designation of Very Low Density,
located at 27292 Viewpoint Circle, generally located 500 feet west of Hillside Terrace
(650-282-08). 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:
Grading Plan Modification (GPM) 05-01 is granted to construct terraced
retaining walls to structurally stabilize the existing swimming pool deck
which is damaged due to ground movement and to create an outdoor
gathering area. This approval is granted based on the application
materials submitted by Glenn & Robyn Robinson on April 4, 2005,
prepared by VAI, Inc. Architects on November 16, 2006 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 conformancewith 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 # 06-11-28-1
Project # GPM 05-01, Robinson Residence
Final Conditions of Approval
Date: November 28, 2006
Page 2 of 7
twelve (12) 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
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. This approval is contingent upon the concurrent approval of Grading Plan
Modification 06-03, and shall become null and void upon the expiration of
said concurrent approval.
7. 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
Resolution # 06-11-28-1 Final Conditions of Approval
Project # GPM 05-01, Robinson Residence Date: November 28, 2006
Page 3 of 7
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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)
13. Soils/Geology Report. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer and
Building Official for their review and obtain approval for a Soils
Report/Geotechnical Feasibility Study, prepared by a Registered
Geologist and/or Soil Engineer, to determine the seismic safety and soils
stability of all proposed grading and development improvements within the
project as well as any affected adjacent property. The Report shall also
indicate substructure bedding/backfill recommendations for driveways and
parking lot areas. (Engr)
Resolution# 06-11-28-1 Final Conditions of Approval
Project # GPM 05-01, Robinson Residence Date: November 28, 2006
Page 4 of 7
14. Grading Plans. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall submit to the City Engineer and Building
Official for their review and obtain approval for Grading Plans prepared by
a Registered Civil Engineer. These plans shall show the limits of grading,
trails and their corresponding dedicated easements, drainage, sewer,
water 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. (Engr)
15. 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. (Engr)
16. 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 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 and the Clean Water
Act.(Engr)
17. Submit Haul Route Plan. For importation / exportation of soil in and out of
the project site, 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, a Haul Route Plan specific to the project and in
compliance with all applicable City standards. (Engr)
18. Obtain Haul Route Permit. For importation / exportation of soil in and out
of the project site, prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit a permit application,
provide security deposit and obtain a Haul Route Permit from the
Engineering Division which will specify the dates and times and head
ways for hauling activities. (Engr)
Resolution # 06-11-28-1 Final Conditions of Approval
Project # GPM 05-01, Robinson Residence Date: November 28, 2006
Page 5 of 7
Prior to issuance of building permits:
19. Pay Fees. Prior to issuance of the first Building Permit, the applicant
shall fulfill all applicable fee requirements in accordance with the City
Municipal Code, including, but not limited to the Capistrano Circulation
Fee Program and the Sewer Capacity fees. (Eng)
20. A final landscape design shall be submitted to the Planning Department
for review by the Planning Director prior to issuance of any building permit.
The landscape plan shall incorporate native and drought tolerant plant
material. Landscape plan shall be in substantial compliance to the
Planning Commission approved plan. (PLN)
Prior to issuance of any certificate of occupancy or release of sureties:
21. Installation of Landscaping. Prior to issuance of any 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. (Planning & Eng)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
22. 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)
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.
23. 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
Resolution # 06-11-28-1
Project # GPM 05-01, Robinson Residence
c. Traffic Control Plan
d. Construction Debris Recycling Plan
Final Conditions of Approval
Date: November 28, 2006
Page 6 of 7
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
24. Pre -construction Meeting. Contractor shall attend a pre -construction
meeting with the Building and Safety Department prior to commencement
of any construction on the site. (B&S)
25. 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)
26. 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)
27. 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)
28. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 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)
29. 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)
Resolution # 06-11-28-1 Final Conditions of Approval
Project # GPM 05-01, Robinson Residence Date: November 28, 2006
Page 7 of 7
FIRE AUTHORITY CONDITIONS:
Fuel Modification
Service Codes: 2.9 & 2.10 (Conceptual and Precise Fuel Modification)
30. Prior to the issuance of a grading permits, the applicant shall obtain
approval from the Orange County Fire Authority for any modification to an
exiting fuel modification plan and program. This condition would only
apply if there is a fuel modification zone in place. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
"Guideline for Fuel Modification Plans and Maintenance.
Responsible Agencies: B&S Building and Safety
ENG Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
;1enn& Roby �binson, Property Owner Date
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