PC Resolution-05-01-11-01PC RESOLUTION NO. 05-1-1 1-1
GRADING PLAN MODIFICATION 04-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A GRADING PLAN MODIFICATION FOR TRACT 9184, LOT 8 FOR A PROPOSED
SINGLE-FAMILY HOME LOCATED AT 30302 MALASPINA ROAD (ASSESSORS
PARCEL NUMBER 650-161-11; McMAHON)
Whereas, Scott Phelps has requested approval of a modification to the
conceptual grading plan for Tract 9184, Malaspina, and specifically, that portion of the
mass grading plan for Lot 8; and, the proposed grading modifications propose a
combination of tiered retaining walls, varying in height up to a maximum of 14'-0'', and
manufactured slopes to create a building pad for a proposed single-family detached home
and detached accessory structure on property located at 30302 Malaspina Road which is
General Plan-designated Very Low Density (VLD) and classified as Residential Agriculture
(RA) 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 on December
IO, 2004, issued a Mitigated Negative Declaration and all mitigation measures have been
incorporated herein; and,
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Whereas, the Planning Commission has considered the Environmental
Administrator'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 January I1 , 2005 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339,
Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy
51 0 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:
I. 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 Tentative Tract Map 9184, subject to the
conditions of approval attached hereto.
January 11,2005 PC Resolution 05-1 -1 1-1 2
L 2. The proposed modification uses natural landform sculpting to preserve
natural features. The proposed modification is intended to preserve the
natural landform as much as possible and all retaining walls will be screened
with landscaping. The lot is 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 9-4.31 3 Graded Slopes of this
title.
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) 04-04, based upon the findings
set forth herein and subject to the mitigation measures and conditions of approval
contained in Exhibit A, attached hereto and incorporated herein.
EFFECTIVE DATE 6 FINAL APPROVAL: This project approval shall
become final and effective following expiration of the fifteen (1 5) day appeal period without
filing of an appeal, and the appeal period shall expire at 500 p.m., Wednesday, January
26, 2005. This project approval shall be valid for a period of one year from the date of
approval of this resolution, and shall expire on January I1 , 2006, 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.
PASSED, APPROVED AND ADOPTED this 11" day of January, 2005, by
the following vote, to wit:
AYES: Commissioners Cardoza, Cohen, Drey, and Ratcliffe, and
Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
Molly Be, Wnning Director, Secretary
P:\Planning\Archive\GPM PROJECTS\GPMMMMcMahon Residence\GPMO404-PCres2005jan 1 1 -final.doc
EXHIBIT A
CONDITIONS OF APPROVAL FOR
TO PLANNING COMMISSION RESOLUTION NO. 05-1 -1 1-1
GRADING PLAN MODIFICATION (GPM 04-04), McMAHON RESIDENCE
Approval Date: January 1 1 , 2005
Effective Date: January 26,2005
Expiration Date: January 26, 2006
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:
1. Development of the project site shall be substantially in conformance with the
plans as approved by the Planning Commission on January 11, 2005
consisting of Precise Grading Plan, dated November 12,2004, and prepared
by Vandenberg Civil Consulting and Landscape Plan dated November 12,
2004 and prepared by Studio Five. Minor modifications that are determined
by Planning Director to be substantially in compliance with the PC-approved
plans and that do not intensify or require any deviations from City standards,
may be approved by the Planning Director.
'd 2. Approval of this application does not relieve the applicant from complying with
other applicable federal, state, County of Orange or City regulations or
requirements.
3. The applicant, its agents, and assignees shall defend, indemnify, and hold
harmless the City of San Juan Capistrano, its elected and appointed officials
and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, or void or annul any land use approval
associated with this project, including but not limited to initial study
requirements under the California Environmental Quality Act and Municipal
Code, Title 9 land use approvals. Upon notice provided by the City to the
applicant, its agents, or assignees, of service of process of such claims or
actions, the project proponent, it agents, and assignees, shall immediately
act to provide an appropriate defense to such claims or actions.
4. The applicant shall pay all fees at the time fees are determined payable,
including any required supplemental plan check fees due to plan revisions
and comply with all requirements of the applicable federal, state, County of
Orange, City and other local agencies.
* Mitigation measure from Environmental Initial Study
PC Resolution 05-7-7 7-7
GPM 04-04, McMahon
Page 2 of 6
PLANNING CONDITIONS:
Conditions of Approval
Date of Approval: January 7 7, 2005
Effective Date: January 26, 2005
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5. Prior to any building or any grading permit issuance, the applicant shall pay
all necessary funds to eliminate any outstanding developer deposit account
deficit. (Plng)
6. Prior to the issuance of any certificate of occupancy, all manufactured and
graded slopes shall be landscaped per the approved landscape plan. All
retaining walls shall be screened per the approved landscape plan. (Plng)
7.* Prior to any building permit issuance, the photometric study shall be
designed to be consistent with Section 9-3.529, Lighting Standards. (Plng)
ENGINEERING CONDITIONS:
Prior to issuance of grading and right-of-way improvement permits:
8.
9.
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Pav Fees. Prior to issuance of grading and right-of-way improvement
permits, the applicant shall fulfill all applicable fee requirements in
accordance with the City Municipal Code and shall post securities to insure
satisfaction performance. (Engr)
Soils/Geoloqv 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
ReportlGeotechnical 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 beddinglbackfill recommendations for driveways and parking lot
areas. (Engr)
Gradinq 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)
* Mitigation measure from Environmental Initial Study
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PC Resolution 05-1-1 1-1
GPM 04-04, McMahon
Page 3 of 6
Conditions of Approval
Date of Approval: January 1 1, 2005
Effective Date: January 26, 2005
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* 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 apDroval 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)
Water Qualitv 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)
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)
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)
Prior to issuance of first building permit:
15. Pav 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. (Engr)
16. A final landscape plan shall be submitted to the Planning Department for
review by the Design Review Committee (DRC) prior to issuance of any
building permit. The landscape plan shall incorporate native and drought
tolerant plant material.
* Mitigation measure from Environmental Initial Study
PC Resolution 05-1-1 1-1
GPM 04-04, McMahon
Page 4 of 6
Prior to issuance of any certificate of occupancy:
Conditions of Approval
Date of Approval: January 1 1, 2005
Effective Date: January 26, 2005
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17.* Installation of Landscapina. 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. (Planning & Engr)
FIRE AUTHORITY CONDITIONS:
18. Fuel Modification Service Codes: 2.9 & 2.10 (Conceptual and Precise Fuel
Modification) Prior to the issuance of a grading permit, the applicant shall
contact the Orange County Fire Authority Fuel Modification Section at (714)
573-61 I1 to inquire if a fuel modification plan will be required for the project.
An inspection of the site may be required to determine if fuel modification is
necessary. This should be done early in the process. The fire access plan
(below) can not be approved prior to the clearance of this condition.
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19. Fire Access Roads Service Code: 2.8.1 (Emergency Access & Fire Hydrant
Locations) Prior to the issuance of any building permits, the applicant shall
obtain approval of the Orange County Fire Authority for all fire protection
access roads to within 150 feet of all portions of the exterior of every
structure on site. This plan shall indicate the location of the nearest fire
hydrant to the property line. Please contact the OCFA at (714) 573-6100 or
visit the OCFA website to obtain a copy of the “Guidelines for Emergency
Access, or Bulletin number 08-99, “Fire Department Access Requirements
for A Single Family Residence.”
20. 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.
21. Automatic Fire Sprinkler Systems- Service Codes: 2.27-2.28 (Residential
Fire Sprinklers)
A. Prior to the issuance of a building permit, the applicant shall submit plans
for the required automatic fire sprinkler system in the structure to the Fire
Chief for review and approval. Please contact the OCFA at (714) 573-
61 00 for additional information.
B. 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.
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Mitigation measure from Environmental Initial Study
PC Resolution 05- 1-1 1 - 1
GPM 04-04, McMahon
Page 5 of 6
Additional Conditions per Mitigation Measures in the Mitigated Negative
Declaration :
Conditions of Approval
Date of Approval: January 77,2005
Effective Date: January 26, 2005
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Aesthetics
Prior to the issuance of any grading permit, the applicant shall submit a
grading plan that indicates all proposed retaining walls and that are
designed and located so as to follow the natural contours of the property to
the maximum extent possible consistent with the recommendations of the
approved City-approved "geotechnical and geologic investigation" subject to
review and approval by the Planning Director or designee.
Air Quality
Prior to issuance of any grading permit, the applicant shall submit dust control
plans for managingkeducing PMI 0 emissions associated with grading and
construction to the satisfaction of the Planning Director or his designee. The
dust control plan will be consistent with South Coast Air Quality Management
District (SCAQMD) Rule 403 and may include use of soil binders, truck
washing, street sweeping, and regular vehicle maintenance.
Prior to issuance of any grading permit, the applicant shall obtain an NPDES
permit and the conditions of the permit shall be enforced during grading and
construction.
Geoloqy and Soils
Prior to any grading permit issuance, the applicant shall submit a
"Subsurface Geotechnical Investigation" completed by a licensed
engineering geologist professionally certified by the State of California to
conduct such work subject to approval by the Chief Building Official. The
proposed preliminary grading design will be based upon the analysis and
recommendations contained in that "Subsurface Geotechnical Investigation".
Any change in recommendations and/or design shall be subject to review
and approval by the City Engineering and Building Department. The
"Subsurface Geotechnical Investigation" shall include a discussion of
landslide potential and shall include specific grading design
recommendations.
All manufactured slopes shall be provided with erosion control or permanently
landscaped in a timely manner following completion of grading to prevent
erosion as determined necessary by the City Engineer or his designee. As
part of the grading permit process, the City may require interim erosion
* Mitigation measure from Environmental Initial Study
Conditions of Approval
Date of Approval: January 7 7,2005
PC Resolution 05-1-7 1-7
GPM 04-04, McMahon
Page 6 of6 Effective Date: January 26, 2005
control for any graded portions of the site or manufactured slopes until such
time that permanent landscaping and irrigation is installed.
-.--,
Applicant Acceptance:
Date:
Scott Phelps, Project Manager
Haven Homes
(949) 677-0322
(P:\PLANNING\ARCHIVE\GPM PROJECTS\GPMO404MCMAHON RESIDENCE\GPM0404-PCRES-05-1-11 -X-COA-FINAL.DOC)
Mitigation measure from Environmental Initial Study