ZA Resolution-05-08-18-02ZA RESOLUTION NO. 05-08-1 8-2
ZONE VARIANCE (ZV) 05-08
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING AZONE VARIANCE TO ALLOW A 10’-0”
ENCROACHMENT OF A 337 SQUARE-FOOT ADDITION INTO THE 20’-
0”REQUIRED REAR YARD SETBACK, FOR AN EXISTING SINGLE-
FAMILY RESIDENCE LOCATE AT 31212 PASEO ACACIA, LOT 51 OF
TRACT 5947 AND MORE PRESCISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 649-041-01.
Whereas, Phyllis Alzamora request a Zone Variance to Section 9-
3.301 (Residential Districts Development Standards) to allow the construction of an addition
that will have a 10’-0” encroachment into the rear yard setback, where a 20’-0” rear yard
setback is required for the residence located at 31 21 2 Paseo Acacia. The project site is
General Plan designated Medium High Density (MD) 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, - 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 in that at the
time of the initial construction of Casas Capistrano (Tract 5947) the lots were
designed to average approximately 7,200 square-feet. A majority of the homes
were constructed with zero lot lines. While these properties with zero lot lines did
comply with the development standards that existed during the original
construction of the tract, under the current Land Use Code many of these
properties do not meet the required development standards.
ZA Resolution 05-08-1 8-2 2 Auqust 18,2005
2. The granting of this variance will not constitute the granting of a special privilege
in that during the construction of the tract, structures and/or dwelling units were
partially if not entirely established within what is currently considered the rear
yard setback.
Furthermore, the subject lot size is 7,800 square-feet, which includes an existing
1,750 square-foot home. The existing square-footage of the home with the
addition of the proposed 337 square-foot addition will cover approximately .27
percent of the maximum allotted .45 percent lot coverage. Therefore, the
proposed addition would not constitute a grant of special privilege in regards to
other properties in the vicinity and under the same zone designation.
3. Except for the reduced rear 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.
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4. 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 Medium Density (MD), and the
proposed project will be compatible with the surrounding area patterns of
development and will retain the neighborhoods character and style.
5. The submitted report demonstrates that the proposed addition other than the
rear yard encroachment is in compliance with Title 9 and the General Plan and
due to the fact that the house is a corner lot situated along a zero lot line that
abuts Via Los Parajos and Calle Santa Rosalia; the proposed addition will be
directed towards these two streets, thus not increasing the footprint towards the
only adjacent neighbor on the north side of the subject property.
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:
ZA Resolution 05-08-1 8-2 3 Auclust 18.2005
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, September 2, 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 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 18th day of August, 2005.
William A. Ramsey, AICP, Zoni Admini trator p"ij
P.\Planning\ArchiveW PROJECTSW0508AlzamoraWO508- Reso-rev.doc
RESOLUTION #: 05-08-1 8-2
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 05-08
APPROVAL DATE: August 18,2005
EFFECTIVE DATE: September 2,2005
EXPIRATION DATE: September 2,2007
Project Name: Alzamora Residence
These conditions of approval apply io Zone Variance (ZV) 05-08 consideration of a
Zone Variance to allow construction of an addition, which will encroach 10’-0” into the
required 20’-0” rear yard setback on an .I8 acre existing single-family parcel zoned RS-
7,000 located at 31212 Paseo Acacia. 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.
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ZV 05-08 is granted to construct an addition that will have a 10’-0”
encroachment into the required 20’-0” rear yard setback on .I8 acre
existing single-family parcel located at 31 212 Paseo Acacia (APN: 649-
041-01). This approval is granted based on the application materials
submitted by Phyllis Alzamora on June 30, 2005, prepared by Phyllis
Alzamora on May 9, 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 (1 5’) 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 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.
Zoning Administrator Resolution 05-08- 18-2 Final Conditions of Approval
ZV 05-08
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Date: August 18, 2005
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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
req u i re men ts .
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.
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
Zoning Administrator Resolution 05-08- 18-2 Final Conditions of Amroval
ZV 05-08 \v
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Date: August 18, 2005‘
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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 City shall assure architectural plans are in compliance
with OCFA requirements.” 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 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 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- 18-2 Final Conditions of Approval
ZV 05-08 i,
Responsible Agencies: B&S
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PLN =
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OCFA =
Date: August 18, 2005
Page 4 of 4
Building and Safety
Engineering Department
Planning Department
Public Works Department
Orange County Fire Authority
Date of Approval: August 18, 2005
Resolution No.: 05-08-18-2
Effective Date: September 2, 2005
Applicant Acceptance of Conditions of Approval:
Applicant Name
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Its: e Tin/-
Title
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