ZA Resolution-05-03-24-01ZA RESOLUTION NO. 05-03-24-1
DEVELOPMENT STANDARDS ADJUSTMENT 05-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS
THE CODE SETS A MAXIMUM 30%. THE PROPERTY IS LOCATED AT
31651 LOBO STREET AND MORE PRECISELY REFERRED TO AS
ADJUSTMENT TO ALLOW AN 34.4% LOT COVERAGE RATIO WHERE
ASSESSORS PARCEL NUMBER 121-142-15 (MODEROW RESIDENCE).
Whereas, The applicant is seeking approval of a Development Standards
Adjustment to Part 3(B)(6), Base District Regulations of the Los Rios Specific Plan to allow
Development Standards of the Land Use Code to allow a 34.4% lot coverage ratio where
the code sets a maximum 30% lot coverage. The request would allow the applicant to
construct a two dwelling units that total 2,731 square feet and two garages that total 914
square feet. The proposed project is located at 31651 Lobo Street, and has a general plan
designation of Specific Plan/Precise Plan, which is zoned as Low Density Residential
(LDR) under the Los Rios Specific Plan (SP78-01).
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 5 (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,
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Whereas, Zoning Administrator conducted a duly noticed public hearing on
March 24, 2005 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:
I. The requested adjustment is the most practical solution for this project because the
project could be designed to meet the 30% lot coverage and meet the requirements,
however the design would lack architectural articulation on the front facade of the
garages 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 lot coverage requirement to 034.4%, 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 05-03-24-1 2 March 24,2005
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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 Approval
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 2001 California Building Code.
3. 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.
4. The project shall be constructed per the Zoning Administrator approved
architectural plans. Any variations shall be submitted to the Planning
Department for review.
5. Prior to the issuance of any building permit, the applicant shall submit a
Landscape Plan to the Planning Department for review and approval by the
Design Review Committee that provides landscape screening of the
proposed garage buildings from Mission Street and adjacent properties.
6. The secondary dwelling unit shall not exceed a maximum resident
occupancy of three (3) persons as required by the 2001 California Building
Code, Table 10-A, Minimum Egress Requirements which establishes a
maximum residential occupant load factor of 1 person per 300 gross square
feet of floor area.
7. No parking of recreational vehicles, boats, trailers, etc shall be allowed
between the detached garage and the adjoining property line, in front of the
detached garages between the garages and the property line on Mission
Street or on the garage driveway apron.
ZA Resolution 05-03-24-1 3 March 24,2005
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m. on Friday April 8,2005.
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PASSED, APPROVED AND ADOPTED this 24th day of March, 2005:
William A. Ramsey, AICP,
(PZPLANNINGWRCHIVEDSA-LUA PROJECTSWSA0501 MODEROW\DSA 0501-2% RES024MARCH05.