PC Resolution-05-08-23-02PC RESOLUTION NO. 05-8-23-2
GRADING PLAN MODIFICATION 05-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A CATEGORICAL EXEMPTION AND APPROVING A
FAMILY HOME LOCATED AT 27541 SILVER CREEK DRIVE (ASSESSORS PARCEL
GRADING PLAN MODIFICATION FOR TRACT 6381, LOT 62 ON AN EXISTING SINGLE-
NUMBER 650-241-08)
Whereas, Stephen & Karen Reid have requested approval of a modification
to the conceptual grading plan for Lot 62 of Tract 6381; and, the proposed grading
modifications propose to re-grade a portion of the rear yard on an existing lot and construct
a tiered retaining wall, varying in height up to a maximum of 11’-9”. The tiered retaining
walls are necessary in order to construct an infinity edge pool and an outdoor gathering
area for an existing single-family detached home at 27541 Silver Creek Drive, which is
General Plan-designated Low Density (LD) and classified as Residential Single-Family
Estate - 20,000 (RSE 20,000) 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(a)(Section 1 5304)(Minor Alterations to Land) categorical exemption, and caused a
Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines ;
and,
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Whereas, the Planning Commission conducted a duly-noticed public hearing
on August 23,2005 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.335,
Public Hearing 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 RESOLVED, that the Planning Commission
finds:
1
2.
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 6381 , subject to the conditions of
approval attached hereto.
The proposed modification uses natural landform sculpting to preserve
natural features and provides a tiered retaining wall system that follows the
natural contour of the land. 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 residential community and
PC Resolution 05-8-23-2 2 August 23,2005
public view of the site is limited. Other lots in the same vicinity have 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to conditions of approval set forth
in Attachment A, attached hereto and incorporated herein.
EFFECTIVE DATE & 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, September
7, 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 September 7, 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, APPRQVED AND ADOPTED this 23'' day of August, 2005, by the
following vote, to wit:
AYES: Commissioners Cohen, Drey, Ratcliffe, Vice Chairman Cardoza, and
Chairman Neely.
NOES:
ABSTAIN:
ABSENT:
Molly Bogh,vlannin&$ Director, Secretary
u P Wlanning\Archive\GPM PROJECTS\Gpm05004Re1d\GPMO5O4-PCresl-23AugustO5- doc
RESOLUTION #: 05-8-23-2
ATTACHMENT A
CONDITIONS OF APPROVAL
Project #: GPM05-03 Project Name: Reid Residence
APPROVAL DATE: August 23,2005
EFFECTIVE DATE: September 7,2005
EXPIRATION DATE: September 7,2006
These conditions of approval apply to Grading Plan Modification (GPM) 05-04 to permit
and construct tiered retaining walls to support a pool and outdoor gathering area on an
existing single-family residence on a 0.4-acre lot located at 27541 Silver Creek 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:
1.
4
GPA 05-04 is granted to regrade an existing lot and to construct
associated retaining walls located at 27541 Silver Creek Drive (APN 650-
241-08). This approval is granted based on the application materials
submitted by Joe Geubert consisting of site plans, elevations, grading and
drainage, and landscaping plans, dated March 23, 2005, and prepared by
X-Scapes. 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 (Isth) day after the date of the Planning Commission’s approval
and shall expire September 7, 2006, 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.
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2. - Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Resolution # 05-8- 12-2
G PA 05-04
Final Conditions of Approval
Date: August 23, 2005
Page 2 of 9
3.
4.
5.
6.
7.
8.
9.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
- All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
Resolution # 05-8-12-2
G PA 05-04 - Final Conditions of Approval
Date: August 23, 2005
Page 3 of 9
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
IO. - At no time during construction shall work encroach into the public
easement (equestrian trail) which borders the rear property line without
prior authorization by the City Engineer. (ENG)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
11. __ Pav 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)
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12. - Gradinn 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. 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 retentionjdetention basins, sewer, water, trails, parkways,
streets 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 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)
Resolution # 05-8- 7 2-2
G PA05- 04
Final Conditions of Approval
Date: August 23, 2005
Page 4 of 9
d. Show the location and method of screening for all ground-mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment
shall be screened from public view. Screening shall be compatible with
main structures and include landscaping where appropriate. (PLN)
13. - Soils/GeoloQy. Prior to issuance of grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
ReporVGeotechnical 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 beddingjbackfill
recommendations. (ENG)
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14. - 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
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)
15. - Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries. (ENG)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
16. - 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)
17. - Building Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Resolution # 05-8- 12-2
GPA05-04
L/
Final Conditions of Approval
Date: August 23, 2005
Page 5 of 9
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof-mounted and building-
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component
of the building design. All roof-mounted equipment shall be screened
from view by parapet walls or other architectural means. The applicant
shall demonstrate to the satisfaction of the City Planner that no roof-
mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building-mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations,
and fixtures shall be decorative and complementary to the building
architecture.
18. - 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)
19. __ 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/ArchitecturaI Notes to be placed on the
plans prior to submittal. (OCFA)
20. - The form for “Construction of Unenclosed Accessory Structures and
Alteration to Existing Buildings” shall be completed by the applicant and
Resolution # 05-8-12-2
GPA05-04
Final Conditions of Approval
Date: August 23, 2005
Page 6 of 9
returned to the Orange County Fire Authority for review and approval.
(OCFA)
21. - Hazardous Materials. Prior to the issuance of a building permit, the
applicant shall submit to the Fire Chief a list of all hazardous, flammable
and combustible liquids, solids or gases to be stored, used or handled on
site. These materials shall be classified according to the Uniform Fire
Code and a document submitted to the Fire Chief with a summary sheet
listing the totals for storage and use for each hazard class. Please contact
the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of
the “Guidelines for Completing Chemical Classification Packets.” (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.
22. - 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
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
23. - Drainaqe 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)
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Resolution # 05-8- 12-2
G PAO5-04
Final Conditions of Approval
Date: August 23, 2005
Page 7 of 9
24. - 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 Engineer. (ENG, Bas)
25. - 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)*
26. - 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)
27. - Construction hours. Construction hours shall be limited to 7:OO 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)
28. - 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)
29. - Proposed retaining walls shall be 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 hidher designee. The final landscaping plan
and retaining wall plan shall be reviewed by the DRC prior to issuance of a
grading permit. (PLN)
30. - 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 control for any graded portions of the site or
manufactured slopes until such time that permanent landscaping and
irrigation is installed. (PLN)
31. - Prior to grading operations, the project shall be responsible for
implementing sediment and erosion control measures (Stormwater
Pollution Prevention Plan-(SWPPP) conforming to City standards for all
Resolution # 05-8- 12-2 Final Conditions of Approval
G PA 05-04
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32. __
33. -
Date: August 23, 2005
Page 8 of 9
graded or cleared areas on the site to reduce silt loading of surface waters
including diversion dikes, sand bags, straw bales, siltation basins or other
erosion-control and silt settling structures.
Complete all Improvements to the Citv’s Satisfaction. Prior to release of
performance securities, the applicant shall complete, to the satisfaction of
the City Engineer, all facility improvements required and necessary to
serve the development in accordance with the approved plan and
approved exceptions. (ENG)
Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for
review by the Design Review Committee. Final Landscape Plans shall
show the following information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and
drought resistant plants.
b. All trees on site to be removed and retained. Tree removals shall
comply with the City’s Tree Permit requirements.
c. All slopes of 2:l and greater shall be permanently landscaped for
erosion control.
d. Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
e. Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall
be used.
f. Location, height, materials and colors of all proposed and existing
walls and fences.
g. Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices,
etc.
h. The project is located in an area that transitions to open space and
additional hedge treatments should be added to provide a more native
appearance.
Resolution # 05-8-12-2
G PA 05-04
Final Conditions of Approval
Date: August 23, 2005
Page 9 of 9
i. Boston Ivy should be considered planted along the retaining wall, and
wall color shall be a darker color to make the wall blend more with
adjacent open space.
j. A split rail fence should be provided along the trail edge to provide a
more rustic appearance.
k. Tile treatment on the infinity edge pool should be changed to a more
native colored stone.
I. Landscape materials and treatment should be native, with native plants
and scattered clumps of vegetation to achieve a softer appearance.
Non-native plants such as Ficus trees or manicured hedges should be
avoided.
m. No portion of the wall or landscaping shall encroach into the trail
easement.
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: August 23, 2005
Resolution No.: 05-8-23-2
Effective Date: September 7, 2005
Applicant Acceptance of Conditions of Approval:
Stephen Reid. Date
P.\Planning\Archive\GPM PROJECTS\Gpm05004Reid\GPM05-04-StandardConditionsofApproval doc