ZA Resolution-04-05-20-01ZA RESOLUTION NO. 04-05-20-1
DEVELOPMENT STANDARDS ADJUSTMENT 04-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANOAPPROVING ADEVELOPMENTSTANDARDS
ADJUSTMENT TO ALLOW AN 0.88 FLOOR AREA RATIO (2ND
FLOOWIST FLOOR) WHERE THE CODE SETS A MAXIMUM 0.80 FAR.
THE PROPERTY IS LOCATED AT 33221 PASEO MONO AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 668-
202-19 (HAMPTON RESIDENCE) .
Whereas, The applicant is seeking approval of a Development Standards
Adjustment to Section 9-3.301(~)(1) Development Standards of the Land Use Code to
allow a an 0.88 floor area ratio (2"d floor/lst floor) where the Municipal Code allows a
maximum 0.80 FAR. The property is General Plan designated as MD (Medium Density- 3.5
to 5 Dus/Acre), and is designated as RS-7,000" Single Family Residential on the Official
Zoning Map.
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 d (a) (Minor Alteration in Land Use Limitations) Categorical Exemption, and caused a
Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and, b
Whereas, Zoning Administrator conducted a duly noticed public hearing on
May 20, 2004 pursuant to Section 9-2.313 of the Municipal Code to .consider public
testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. The requested adjustment is the most practical solution for this project because the
project could be designed to meet the 0.80 FAR and meet the requirements,
however the design would lack architectural articulation on the front facade of the
home and would not be beneficial to the community. The building mass would not
be evenly distributed along the front elevation. By granting the applicant the request
to exceed the FAR requirement to 0.88, the design would result in architectural
articulations that create variations in building mass and would result in a more
pleasant elevation.
2. The granting of this Development Standards Adjustment, the project will not cause
an adverse affect on the adjoining properties and will be beneficial to the other
properties in the vicinity.
ZA Resolution 04-05-20-1 2 May 20,2004
b. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to
the following conditions of approval:
Conditions of Amroval
1.
1
The applicant's building permit plans shall be in substantial compliance with
the Development Standards Adjustment site plan and architectural plans,
subject to review and approval by the Zoning Administrator.
2. The applicant shall secure all applicable building permits for construction of
the proposed wall as required by the 1999 UBC.
3. The applicant shall secure all applicable building permits for construction of
the proposed project as required by the Building Official.
4. The applicant shall ensure that all building permit plans are reviewed, and
approved by the Home Owner's Association (HOA) Architectural Committee
prior to submission for plan check by the City of San Juan Capistrano
Building Department.
5. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery of
materials, supplies or construction equipment shall be conducted in
accordance with the prescribed hours of operation.
Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
6. The project shall be constructed per the Zoning Administrator approved
architectural plans. Any variations shall be submitted to the Planning
Department for review.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (I 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:OO p.m. on Friday June 4h. ,
2004. 1
PASSED, APPROVED AND ADOPTED this 20th day of May, 2004:
miam A. Ramsey, AICK