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ZA Resolution-05-08-18-01ZA RESOLUTION NO. 05-08-18-1 ZONE VARIANCE (ZV) 05-02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND APPROVING A ZONE VARIANCE TO ALLOW ENCROACHMENTS INTO SIDE AND REAR YARD SETBACKS FOR AN PLACIDA AND MORE PRESCISELY REFERRED TO AS ASSESSORS EXISTING SINGLE-FAMILY RESIDENCE LOCATE AT 28462 AVENIDA PARCEL NUMBER 666-481-52. Whereas, Ronald Hannum requests a Zone Variance to Section 9- 3.501 (Accessory Uses and Structures) to allow the construction of a barbeque to encroach 8’-0” into a required 10’-0” side yard setback and 4’-6” into a required 5’-0” rear yard setback. The applicant also requests approval of a variance to allow a fireplace that encroaches 6’-0” into a required 7’-0” rear yard setback located at 28462 Avenida Placida. The project site is General Plan designated Low Density (LD) and classified as Community Development Plan (CDP) 81-2 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, v 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) (Section 15305) (Minor Alterations in Land Use Limitations) 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 hearing on August 18, 2005 pursuant to Section 9-2.335 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. There are special circumstances that are applicable to the property regarding the location of the lot. The lot is bordered on the east by an open space area that is controlled and maintained by the home owners association (HOA). Although the land is controlled and maintained by the HOA, the land is legally part of the lots below the applicant, thus allowing them to place fireplaces and landscape structure along their fence line and still be on compliance with the zoning standards as set forth in the Municipal Code. Although the applicant borders the open space, his lot does not capture any of this land and makes his buildable area undersized in comparison to many of the surrounding lots. ZA Resolution 05-08-1 8-1 2 Auqust 18.2005 2. 3. 4. 5. u The granting of this variance will not constitute the granting of a special privilege in that at the time of construction of the tract many lots were oversized, because they legally included common land. Furthermore, the subject property only has a usable rear yard of 60”” wide by 6’-0” deep, which is extremely undersized in comparison to the adjacent neighbors. Therefore, the proposed barbeque and fireplace would not constitute a grant of special privilege in regards to other properties in the vicinity and under the same zoning designation. Except for the reduced rear and side yard setback which would be allowed by the variance, this action will not result in any inconsistency with the provisions of Title 9 of the Municipal Code The granting of this variance will not result in a development which is inconsistent with the goals, policies, and objectives of the General Plan. The General Plan designates the property as Low Density (LD) (1 to 2 du/acre), and the proposed project will be compatible with the surrounding area patterns of development and will retain the neighborhoods character and style. The submitted report demonstrates that the proposed barbeque and fireplace, other than the rear yard encroachment is in compliance with Title 9 and the General Plan. The proposed barbeque and fireplace have been reviewed and approved by the architectural review board of the governing HOA and all adjacent property owners were notified via public hearing notice, with no objections formally filed with the City. In addition to the visual screening of the block wall and bordering open space, the applicant proposes replant the natural rear yard screening that was present along the property line fence prior to construction of the barbeque, fireplace, and block wall. This proposal will aid in further screening the subject property from adjacent neighbors. 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 a p prova I : 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 (1 5) day appeal period without filing of a valid appeal application. The fifteen (15) day appeal period shall expire at 500 p.m. on Friday, September 2, 2005. This project approval shall be valid for a period of two (2) years from the date of approval of this ZA Resolution 05-08-1 8-1 3 Auaust 18.2005 W resolution and shall expire on September 2, 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. PASSED, APPROVED AND ADOPTED this I 8th day of August, 2005. W-Q?? William A. Ramsey, AICP, Zoning P:\Planning\ArchiveW PROJECTS\Zv0502Hannum\ZV0502- Re-rev.doc L RESOLUTION #: 05-08-1 8-1 Exhibit A CONDITIONS OF APPROVAL Project #: ZV 05-08 APPROVAL DATE: August 18,2005 EFFECTIVE DATE: September 2,2005 Project Name: Hannum Residence EXPIRATION DATE: September 2,2007 These conditions of approval apply to Zone Variance (ZV) 05-02 consideration of a Zone Variance to allow construction of a barbeque, which will encroach 8’-0” into the required 10’-0’’ rear yard setback and 4’-6” into a required 5’-0” rear yard setback. The applicant also requests approval of a variance to allow a fireplace that encroaches 6’-0” into a required 7’-0” rear yard setback on a .I7 acre existing single-family parcel zoned Community Development Plan (CDP) 81-2 located at 28462 Avenida Placida. 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. General Conditions: 1. - ZV 05-02 is granted to construct a barbeque that will have a 8’-0” encroachment into the required 10’-0” side yard setback and 4l-6” into a required 5’-0” rear yard setback. The applicant also requests approval of a variance to allow a fireplace that encroaches 6’-0” into a required 7’-0” rear yard setback on .I7 acre existing single-family parcel located at 28462 Avenida Placida (APN: 666-481 -52). This approval is granted based on the application materials submitted by Ronald Hannum on March 24, 2005, prepared by Ronald Hannum on March 24 2005, including a site 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 (15~‘~) day after the date of the Planning Commission’s approval and shall expire September 2, 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 Zoning Administrator Resolution 05-08- 18- 1 zv 05-02 ,- Final Conditions of Approval Date: August 18, 2005 Page 2 of 4 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. 2. 3. 4. 5. 6. 7. - Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. - 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. Zoning Administrator Resolution 05-08- 18- I Final Conditions of Approval ZV 05-02 L IO. 11. - L 12. - 13. - 14. - 15. - Date: August 18, 2005 Page 3 of 4 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 issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) OCFA Review of Architectural Buildinq 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/Architectural Notes to be placed on the plans prior to submittal. (OCFA) Construction hours. Construction hours shall be limited to 7:OO a.m. to 6.30:OO 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) The applicant shall ensure that the addition to be constructed is consistent with the architectural design standards found throughout the surrounding development. The applicant shall secure all as-built permits Building and Engineering Departments. The applicant shall re-plant all vegetation along fence that was removed prior to the constructioi fireplace. equired by the City’s the rear property line of the barbeque and The applicant shall ensure that all building permit plans are reviewed and stamped approved by the Home Owners Association (HOA) discretionary review board prior to submission for plan check by the City of San Juan Capistrano Building Department. Zoning Administrator Resolution 05-08- 18- I ZV 05-02 Final Conditions of Approval Date: August 18, 2005 \c.* Page 4 of 4 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 18, 2005 Resolution No.: 05-08-1 8-1 Effective Date: September 2, 2005 7- /J-OC Date 6 y: Applicant Name . Y Title P.\Planning\Archive\ZV PROJECTS\ZV0508Alzamora\SJC Clty-Standard Conditions of Approval-2005-&doc ;s