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
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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
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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
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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
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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.
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- 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
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Date: August 18, 2005
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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
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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
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Date
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Applicant Name .
Y Title
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