ZA Resolution-05-01-20-01REVISED ZA RESOLUTION NO. 05-1-20-1
ZONE VARIANCE (ZV) 04-1 I
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND
APPROVING ATEMPORARY RESIDENCE TO ENCROACH FIFTEEN (15) FEET INTO A
TWENTY (20) FOOT REAR SETBACK AND ONE (I) FOOT INTO A FIVE (5) FOOT SIDE
SETBACK FOR AN EXISTING 7,215 SQUARE FOOT PARCEL LOCATED AT 27921
CAMINO SANTO DOMING0 AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 666-055-13 (SCHUTZ TEMPORARY RESIDENCE).
Whereas, Fred and Janille Schutz have requested approval of a variance
from Section 9-3.301(c) Development Standards of the Land Use Code to allow for a
temporary residence to encroach fifteen (1 5) feet into a twenty (20) foot rear setback and
one (1) foot into a five (5) foot side setback, on property located at 27921 Camino Santo
Doming0 which is General Plan-designated Medium Low Density (2 to 3.5 DUs/Acre) and
classified as RS-7,000 (Single Family) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the 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 determined that
the project qualifies for a Class 5, categorical exemption, Minor Alterations in Land Use
Limitations, and will cause the Notice of Exemption to be posted pursuant to Section
15061(d) of the CEQA Guidelines which provides that “the notice shall not be filed wifh
OPR or the county clerk until the project has been approved;” and,
Whereas, the Zoning Administrator has considered the Environmental
Administrator’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies ; and,
Whereas, the Zoning Administrator conducted a duly-noticed public hearing
on January 20, 2005 pursuant to Title 9, Land Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. There are special circumstances applicable to the property in regards to size, so
that the strict application of the Code would deprive the property of privileges
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Revised ZA Resolution 05-01-20-1 2 January 20,2005
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because the size of the lot and the configuration of the completed permanent
principal residence would make the removal of any temporary residence not
feasible.
2. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning in that the zone variance is of a temporary nature.
3. Except for the fifteen (I 5) foot encroachment into the required twenty (20) foot rear
yard setback and the one (1) foot encroachment into the required five (5) foot side
yard setback, this project would not result in any inconsistency with the provisions of
Title 9 of the Municipal Code.
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 for (MLD) Medium Low Density as residential use, and the
proposed project will maintain a single family use and will not increase the density
on the property. Furthermore, the project will be compatible with the surrounding
area and will retain the neighborhood's character and architectural style.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
he rein .
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EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 p.m., Wednesday, February
9, 2005. This project approval shall be valid for a period of nine (9) months from the date
of issuance of the set-up permit for the temporary residence, and shall expire either nine
(9) months after the issuance of said permit or upon issuance of the final certificate of
occupancy, whichever occurs first, unless a time extension request is submitted to the City
prior to that date.
PASSED, APPROVED AND ADOPTED this 20" day of January, 2005, by the
following vote, to wit: &&&a-*
W'itliam A. Ramsey, AICP, Z
P:\Planning\ArchiveW PROJECTSW0411SchukW 044 1 ZA reso20Jan05~Revised.doc u
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EXHIBIT A
CONDITIONS OF APPROVAL
TO ZONING ADMINISTRATOR RESOLUTION NO. 05-1-20-1
ZONE VARIANCE (ZV) 04-1 I, SCHUTZ TEMPORARY RESIDENCE
General Conditions:
I.
2.
3.
5.
6.
All building and/or grading permit plans and physical development of the
project site shall be in substantial conformance with the project plans as
approved by the Planning Commission in conjunction with this discretionary
application and including “Site Plan - Temporary Residence, The Schutz
Family” dated December 14,2004.
Minor modifications that are determined by the Planning Director to be in
substantial compliance with the PC-approved and that do not intensify nor
change the use nor require any deviations from City standards, may be
approved by the Planning Director pursuant to Title 9. (PLN)
Approval of this application does not relieve the applicant from complying
with other applicable federal, state, County of Orange or City regulations or
requirements. (PLN)
The applicant, its agents, and assignees shall defend, indemnify, and hold
harmless the City of San Juan Capistrano, its elected and appointed officials
and employees, and its contract consultants, from any claim, action or
proceeding to attack, set aside, or void or annul any land use approval
associated with this project, including but not limited to environmental impact
report requirements under Municipal Code Title 9 land use approvals. Upon
notice provided by the City to the applicant, its agents, or assignees, of
service of process of such claims or actions, the project proponent, it agents,
and assignees, shall immediately act to provide an appropriate defense to
such claims or actions. (PLN)
The applicant or hislher successors in ownership, shall be responsible for
informing all subcontractors, consultants, engineers, other business entities
providing services related to the project, or any subsequent owner should the
project be sold, of their responsibilities to comply with these conditions and
all pertinent requirements in the San Juan Capistrano Municipal Code,
including, but not limited to, the requirements for all contractors to obtain a
City business license, and for approval by the Planning Department of a
Temporary Use Permit for construction trailers and staging areas. (PLN)
The applicant shall pay all fees at the time fees are determined payable,
including any required supplemental plan check fees due to plan revisions,
and comply with all requirements of the applicable federal, state, County of
Orange, City and other local agencies. (PLN)
ZA Resolution 05- 1-20- 1
ZV 04-1 I, Schutz
page 2 of 3
Conditions of Approval
Date of Approval: January 20, 2005
Effective Date: February 9, 2005
7. Should any discrepancy arise between these conditions and subsequent
conditions established by final revised plans approved for any subsequent
phase, those conditions established as part of the later approval shall prevail.
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8. The applicant or hidher successors in ownership, shall be responsible for the
on-going maintenance and upkeep of the developed and undeveloped
portions of the site, in accordance with the City’s Municipal Code. (PLN)
Planning Conditions:
1. The applicant shall secure all applicable building permits for construction of
the proposed additions as required by the Building Official.
2. The applicant’s building permit plans shall be in substantial compliance with
the zone variance exhibits, subject to review and approval by the Zoning
Administrator.
3. 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
Saturday
7:OO a.m. to 6.00 p.m.
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.
4. The applicant shall maintain construction waste bins on site for the purpose
of recycling all recyclable construction debris.
5. The temporary residence (mobile home) shall be moved off the property no
later than nine (9) months from the date of issue of the set-up permit for said
residence, or upon issuance of the final certificate of occupancy, whichever
occurs first.
Orange County Fire Authority (OCFA) Conditions:
Fire Access Roads
Service Code 2.8.1 Emergency Access & Fire Hydrant Locations
Prior to the issuance of any building permits, the applicant shall submit a “Residential Site
Plan” and obtain approval of the Orange County Fire Authority for all fire protection access
roads to within 150 feet of all portions of the exterior of every structure on site. The site
plan shall indicate the location of the nearest fire hydrant to the property line. Please
~ ZA Resolution 05-1-20-1 Conditions of Approval
Date of Approval: January 20, 2005
Effective Date: February 9, 2005
ZV 04- 1 1, Schutz
page 3 of 3
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
“Guidelines for Emergency Access”, or Bulletin number 08-99, “Fire Department Access
Requirements for A Single Family Residence.”
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Water Avai I a bi I i ty
Service Code 2.8.1 Emergency Access & Fire Hydrant Locations
Along with the “Residential Site Review”, the applicant shall provide evidence of adequate
fire flow. The “Orange County Fire Authority Water Availability for Fire Protection” form
shall be signed by the applicable water district and submitted to the Fire Chief for approval.
If sufficient water to meet fire flow requirements is not available an automatic fire
extinguishing system may be required in the structure.
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Responsible Agencies: ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
PD = Police Services Department
AM = Archeological Monitor
PM = Paleontological Monitor
MLD = Most Likely Descendent
PC = Planning Commission
DRC = Design Review Committee
CHC = Cultural Heritage Commission
Applicant Acceptance of all conditions of approval: