ZA Resolution-05-10-06-01ZA RESOLUTION NO. 05-1 0-06-1
ZONE VARiANCE (ZV) 05-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
ENCROACHMENT INTO THE SIDE YARD SETBACK FOR AN EXISTING
7654, LOT 12) AND MORE PRESCISELY REFERRED TO AS
EXEMPTION AND APPROVING A ZONE VARIANCE TO ALLOW A 5’-0”
SINGLE-FAMlLY RESIDENCE LOCATED AT PASEO LA BRANZA (TRACT
ASSESSORS PARCEL NUMBER 666-212-01.
Whereas, Rob & Kim Lindekens request a Zone Variance to Section 9-3.301
(Residential Districts Development Standards) to allow the construction of a proposed 376
square foot addition to encruach, 5’4’’ for a total of 376 square feet into the required 1 O’-O”
side yard setback. Tha aPplicant also reqests approval of the tower element to exceed the
height of the principal structure. The principal structure has a neignt of 23’45” and the
proposed tower element has a proposed height of 27’-3”. The project site is General Plan
designated Medium Low Density’(MLD) and classified as RS-10,000 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 A 5062 of the
CEQA Guidelines; and,
Whereas, the Zoning Administrator conducted a duly-noticed public hearing
on October 6, 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, THEREFOR€, BE IT RESOLVED, that the Zoning Administrator of the
There are special circumstances that are applicable to the property in that at the
property is located on a corner lot and corner lots have to adhere to strict
stringent setback requirements per Sec. 9-3.559 (Visibility at
intersections/driveways). The strict application of Section 9-3.559 would deprive
the applicant of privileges enjoyed by other properties within the surrounding
development by not allowing the residence to make reasonable additions
existing structure along the side yard setback.
City of San Juan Capistrano hereby makes the following findings:
1.
ZA Resolution 05-1 0-06-1 2 October 6.2005
2.
3.
,
4.
The granting of this variance will not constitute the granting of a special privilege,
because the proposed addition will not exceed lot coverage requirements and
will maintain a side yard setback of five (5) feet, similar to other single family
homes in the vicinity.
Except for the reduced 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 subject lot size is 11,400 square feet, which
includes an existing 2,183 square-foot home. The existing square footage of the
home with the addition of the proposed 1,475 square-foot addition will cover
approximately 32 percent of the lot, whereas the maximum allotted lot coverage
35 percent.
The granting of this variance will not result in a development which is
inconsisten: with ths goak, polkiss: and objectives of the General Plan. Tins
General Plan designates the property as Medium Density (MLD), and the
proposed project, as conditioned to be subject to design review by the DRC,
will be compatible with the surrounding area patterns of development and will
retain the neighborhoods character and style.
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? 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, October 21,2005. 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 21 2007 unless a time extension request has been
submitted to the City; or a buildinglgrading 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 6*h day of October, 2005.
Wiham A. Ramsey, AICP, Zonin
RESOLUTlON # 05;10-06-?
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 05-06
APPROVAL DATE: October 6,2005
EFFECTIVE DATE: October 21,2005
EXPIRATION DATE: October 21,2007
These conditions of approval apply to Zone Variance (ZV) 05-06, consideration
of a Zone Variance to Section 9-3.301 (Residential Development Standards) to
allow the construction of a proposed 376 square foot addition to encroach 5’-0”
for a total of 376 square feet into the required ‘lO’-O” side yard setback. The
applicant also requests approval of the tower element to exceed the height of the
principal structure. The principal structure has a height of 23‘““ and the
proposed tower element has a prowsed height of 27’-3”. The project site is
located ai 2”,41 Paseo La Bi-anza. Any proposed cnange 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
deveioper, the owner or any successor(s> in interest to the terms of this approval.
Project Name: Lindekens Residence
Genera! Conditions:
ZV 05-06 js granted to allow the constructjon of a proposed 376 square
foot addition to encroach five feet (5’-0”) for a total of 376 square feet into
the required 10’-0” side yard setback. The applicant also requests
approval for the tower element to exceed the height of the principal
structure. The principal structure has.a height of 23’4’’ and the proposed
tower element has a proposed height of 27’-3”. The project site is located
at 31841 Paseo La Branza (666-272-01). This approval is granted based
on the application materials submitted by Synthesis SKG Design Studio
on August 22, 2005, prepared by Synthesis SKG Design Studio on August
18, 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 ffieenth (l!jfh) day after the date of the Zoning
Administrator’s approval and shall expire October 21 , 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
L
Zoning Administrator Resolution 05-7 0-061
ZV 0506
Final Condifions of Approval
Date: October 6, 2005
Page2of4 .
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.
2. - Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. - All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
rsruired) only by thoss individuals legally auth3,rized to dcl so.
4. - The applicant shall defend, indemnify, and hoid 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.
5- - The applicant shall be responsible for informing all subcontractors,
consuftants, 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.
6- - 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,
7. -
.- "
Zoning Administrator Resolution 0510-06-4 ZV 05-08
Final Conditions of Approval
Dater October 6, 2005
Page 3 of 4
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8- - 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.
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. - OCFk Residential Site Review. Service Code: 2.8.7 Emergency Access
& Fire Hydrant Locations: Prior to the issuance of any building permits,
the applicant shall submit for review and approval a residential site plan.
The applicant may 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".(OCFA)
11. - OCFA Water Availability. Service Code: 2.8.1 (Emergency Access & Fire
Hydrant Location): Prior to the issuance of any building permits, 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 hl each structure
affected. (OCFA)
12. - 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)
13. - Architectural Desisn Review. Prior to issuance of any building permit, the
project architectural elevations, floor plans and site plan shall be reviewed
and approved by the Design Review Committee (DRC).(PLN)
14. - 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.(B&S)
-J Zoning Adminisfrator Resolution 05-10-06-7 Final Condifions of Approval
ZV 05-06 Date: October 6, 2005
Page 4 of4
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
APPROVAL DATE: October 6,2005
EFFECTIVE DATE: October 21,2005
EXPIRATION DATE: October 21,2007
Appiicant Acceptance of Conditions of Approval:
By:
Date
Its:
Date
P:\?lanning\Archve\ZV PRO JECTSEv0506LindekenslZV 05-06 ZA coa 60ct05.doc