ZA Resolution-05-09-29-01ZA RESOLUTION NO. 05-09-29-1
DEVELOPMENT STANDARDS ADJUSTMENT (DSA) 05-05
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A DEVELOPMENT STANDARDS
ADJUSTMENT TO CONSTRUCT AN ADDITION THAT WILL HAVE A 1 I-
IO” ENCROACHMENT FOR A TOTAL OF 16.5 SQUARE-FEET INTO A
REQUIRED 20’-0” REAR YARD SETBACK AT 32652 ALTA PINE DRIVE
AND MORE PRECISELY REFERRED TO AS ASSESSOR’S PARCEL
NUMBER 121-442-14 (AHERN RESIDENCE).
Whereas, Thomas & Angela Ahern request approval of a Development
Standards Adjustment (DSA) to allow the construction of an addition/remodeI that includes
a bay window that which has a 1’-I 0” encroachment for a total of 16.5 square feet into a
required 20’-0” rear yard setback. The proposed project is located at 32652 Alta Pine Drive.
The project site is General Plan-designated Medium 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,
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 I (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 September 29,2005 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 addition is being constructed for greater disability
access for the applicant. Due to a degenerative condition, the applicant is
constructing the addition to incorporate greater wheelchair accessibility to the
existing sing le-fa m i I y residence.
The existing house is situated horizontally on the lot, which is located on a cul-de-
sac. The most practical solution to incorporate a handicap facility was to expand the
room to the north section of the subject property. The room is being designed so
that the applicant can arrange the room so that disabled accessibility is maximized. u
ZA Resolution 05-09-29-1 2 September 29,2005 - The DSA will allow the applicant to maximize a floor plan designed for his needs and
still have access to an outside view, via the bay window located at the rear of the lot
overlooking the back yard. The approval of the requested DSA allows the
maximization of a disabled floor plan design and still be in conformance with the
10% deviation allowed by Section 9-2.301.
2. The proposed project does not adversely affect the adjoining properties because
the bay window is located in the rear portion of the lot and will not be viewed by
anybody but the applicant. Due to the location of the lot on a cul-de-sac and the
existing topography of the lot, the surrounding neighbors will not be able to see the
bay window. The adjacent neighbors on both sides will not see the proposed
window, due to their lots situation as the existing street curves and it follows the cul-
de-sac. Additionally, the rear yard neighbor will not be able to view the window
because their dwelling unit is located approximately 60’-0” down a steep landscaped
grade. Therefore, the encroachment will not cause an adverse effect on any
adjoining properties within 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
(1 5) day appeal period shall expire at 5:OO p.m. on Friday, October 14,2005. 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 October, 14, 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 29th day of September, 2005.
- William A. Ramsey, AICP, xning Adqdnistrdtor u P \PlanningWrchive\DSA-LUA PROJECTS\DSA0505-Ahem\DSA05-05- Reso-29-Sep-2005.doc
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RESOLUTION #: 05-09-29-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: DSA 05-03
APPROVAL DATE: September 29,2005
EFFECTIVE DATE: October 14,2005
EXPIRATION DATE: October 14,2007
Project Name: Ahern Residence
These conditions of approval apply to Development Standards Adjustment # 05-05,
consideration of a Development Standards Adjustment to allow construct an
additionhemodel that includes a bay window, which has a 1’-10” encroachment for a
total of 16.5 square-feet into the required 20’-0” rear 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
a p p rova I.
Genera I C o nd i tions :
DSA 05-05 is granted to allow construct an additionhemodel that includes
a bay window which has a 1’-10” encroachment for a total of 16.5 square-
feet into the required 20’-0” rear yard setback on a .I8 acre parcel located
at 32652 Aka Pine Drive (APN: 121-442-14). This approval is granted
based on the application materials submitted by Thomas Ahern on August
15, 2005, prepared by Buchan Engineering Structures on July 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 day after the date of the Zoning
Administrators approval and shall expire October 14, 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 05-09-29- 7 Final Conditions of Approval
Page 2 of 3
.- DSA 05-05 September 29, 2005
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2.
3.
4.
5.
6.
7.
a.
- 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.
- 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 05-09-29- I Final Conditions of Approval
Page 3 of 3
L DSA 05-05 September 29, 2005
agencies. The duty of inquiry as to such requirements shall be upon the
applicant .
9. - 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)
IO. - 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 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. - Oranse Countv Fire Authoritv (OCFA) Approval. The applicant shall
secure OCFA approval prior to commencement to any building
construction.
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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
APPROVAL DATE: September 29,2005
EXPIRATION DATE: October 14,2007
RESOLUTION NO.: 05-09-29-1
A Conditions of Approval:
By:
Date
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