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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