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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, 'V 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 u 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. IO. 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 1 I. 12.* 13. 14. 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 L * 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 v 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. ‘W 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. -- 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 v L 22.* 23." 24.* 25.* 26.* 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