ZA Resolution-05-07-21-01ZA RESOLUTION NO. 05-07-21-1
DEVELOPMENT STANDARDS ADJUSTMENT (DSA) 05-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A DEVELOPMENT STANDARDS
ENCROACHMENT FOR A TOTAL OF 16 SQUARE FEET INTO A
PARCEL LOCATED AT 31882 CALLE WINONA AND MORE PRECISELY
ADJUSTMENT TO CONSTRUCT AN ADDITION THAT WILL HAVE A 2’-0”
REQUIRED 20”” FRONT YARD SETBACK FOR AN EXISTING .24ACRE
REFERRED TO AS ASSESSOR’S PARCEL NUMBER 649-213-33
(BRAH E-PE DERSEN-COSPER RES I DENCE).
Whereas, Christian Brahe-Pedersen and Pamela Sue Cosper request
approval of a Development Standards Adjustment (DSA) to allow the construction of an
addition that will have a 2’-0” encroachment for a total of 16 square feet into a required 20’-
0” front yard setback on property located at 31882 Calle Winona. The project site is
General Plan-designated Medium High Density (MHD) and classified as RS-7,000 on the
Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, General Review Procedures of the Title 9, Land Use Code; and,
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Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), and has issued a
Class 1 (e) (Section 15301) (Existing Facilities) Categorical Exemption, and caused a
Notice of Exemption to posted pursuant to Section 15062 of the CEQA Guidelines; and,
Whereas, the Zoning Administrator conducted a duly-noticed public meeting
on July 21, 2005 pursuant to Section 9-2.339 of Title 9, Land Use Code to consider public
testimony on the proposed project and has considered all relevant public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano hereby makes the following findings:
1. The requested adjustment is the most practical solution to the proposed project
because it will allow the applicant to construct the addition while still working
within the intent of the DSA process. The existing house is situated irregularly on
the lot and if the applicant were to construct the addition on the side or in the
rear yard, it would cause a greater impact to the adjacent neighbors. In addition,
the existing home is a “U”-shaped home and the applicant proposes to fill in the
front patio section. The DSA will allow the applicant to construct the addition,
while not increasing the footprint of the home towards any adjacent side or rear
yard neighbors. This is the most cost effective approach and will increase the
architectural articulation on the front faGade of the home. The approval of the
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ZA Resolution 05-07-21-1 2 July 21, 2005
Development Standards Adjustment would allow the proposed residential project
to be completed and still be in conformance with the 10% deviation allowed by
Section 9-2.301.
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2. The proposed project does not adversely affect the adjoining properties because
of the orientation of the residence on the property in relation to the cul-de-sac.
Due to the design of the cul-de-sac, other homes are situated well within the 20-
foot front yard setback. Only the front corners of the applicant’s proposed
addition will encroach the 2’-0” into the required 20’-0” front yard setback.
Therefore, the encroachment will not cause an adverse effect on the adjoining
properties and will be compatible with other properties in the vicinity.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves the project subject to those conditions contained in Exhibit
A attached hereto and incorporated herein the project, subject to the following conditions of
approval:
EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.31 1 of
Title 9, Land Use Code, this project approval shall become effective following expiration of
the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen
(15) day appeal period shall expire at 500 p.m. on Friday, August 5, 2005. This project
approval shall be valid for a period of two (2) years from the date of approval of this
resolution and shall expire on August, 5, and 2007 unless a time extension request has
been submitted to the City; or a building/grading permit application has been submitted to
the City; or in the case of a conditional use permit, the use has been established prior to
the approval expiration date.
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PASSED, APPROVED AND ADOPTED this 21“ day of July, 2005. Qm.
William A, Ramsey, AICP, Zonin
P.\Planning\Archive\DSA-LUA PROJECTS\DSA0503 Brahe-Pedersen Residence\DSA05-03- Reso-rev doc
RESOLUTION #: 05-07-21 -1
Exhibit A
CONDITIONS OF APPROVAL
Project #: DSA 05-03
APPROVAL DATE: July 21, 2005
EFFECTIVE DATE: August 5,2005
EXPIRATION DATE: August 5,2007
Project Name: Brahe-Pedersen-Cosper Residence
These conditions of approval apply to Development Standards Adjustment ## 05-03,
consideration of a Development Standards Adjustment to allow construct an
addition/remodel, which will encroach 2’-0” into the required 20’-0” front yard setback.
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 purpose 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.
05-03 is granted to allow construct an addition/remodel that will have
2’-0” encroachment for a total of 16 square-feet into the required 20’-0”
ont yard setback on .24 acres located at 31882 Calle Winona (APN: 649-
213-33). This approval is granted based on the application materials
submitted by Christian Brahe-Pedersen & Pamela Sue Cosper on July 7,
2005, prepared by Peters Associates on June 25, 2005 including site plan,
elevations, and floor plan. 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 (15th) day after the date of the Planning
Commission’s approval and shall expire August 5, 2007 (24) 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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Zoning Administrator Resolution 05-07-21- I Final Conditions of Approval
Page 2 of 4
L July 21, 2005
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
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3. II plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
quired) only by those individuals legally authorized to do so.
e 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
jcense 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
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Zoning Administrator Resolution 05-07-21- I Final Conditions of Approval
Page 3 of 4
u DSA 05-03 July 21, 2005
gencies. The duty of inquiry as to such requirements shall be upon the
9. able approvals and clearance from other departments and
shall be on file with the Building and Safety Department prior to
uance of any permits, final inspections, utility releases and/or release of
, as specified in these conditions. (B&S)
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.
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Monday through Friday 7:OO a.m. to 6:OO p.m.
Saturday 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.
11. Orange Countv Fire Authoritv (OCFA) Approval. The applicant shall
secure OCFA approval prior to commencement to any building
construction.
Zoning Administrator Resolution 05-07-21-1 Final Conditions of Approval
Page 4 of 4
LN DSA 05-03 July 21, 2005
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: July 21, 2005
Resolution No.: 05-07-21 -1
Effective Date: August 5, 2005
of Conditions of Approval:
Date
Pamela Sue Cosper
P \PlanningWrchive\DSA-LUA PROJECTS\DSAOSOJ Brahe-Pedersen Residence\SJC City-Standard Conditions of Approval-2005-6 doc