ZA Resolution-05-10-20-01ZA RESOLUTION NO. 05-1 0-20-1
ZONE VARIANCE (ZV) 05-10
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 A 41%
FLOOR AREA RATIO (F.A.R.), WHERE THE MAXIMUM ALLOWED IS 35%
FOR THE PROPOSED TWO STORY RESIDENTIAL UNIT LOCATED AT
29406 CHERRYWOOD LANE, LOT 30 OF TRACT 7387 AND MORE
PRESCISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650-
131 -55.
Whereas, Loraine Walsh request a Zone Variance (ZV) to Section 9-3.301
(Residential Districts Development Standards) to allow a Floor Area Ratio (F.A.R.) of 41%,
where the municipal code requires a maximum F.A.R. of 35% for two story residential units
located within the PC (Planned Community) zone district which is regulated based on
development standards for the RG-4000 zone district. The project site has a General Plan
designation of Medium High Density residential (MHD-3.5-8 DUWAcre) and classified as
Planned Community (PC) 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,
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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 October 20, 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 Village San Juan (Tract7387) the lots were designed with
an average lot size that ranged from 3,300-3,8000 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 05-10-20-1 2 October 20,2005
The strict application of Section 9-3.301 would deprive the applicant of privileges
enjoyed by other properties within the surrounding development by not allowing the
residence to make reasonable additions to the existing structure.
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2. The granting of this variance will not constitute the granting of a special privilege in
that prior to the new zoning classification of RG-4000 and F.A.R. standards, other
properties of similar limitations and designs were permitted to make like additions to
the original structure. Furthermore, original layout and lot size of the property
coupled with zero lot lines would preclude any addition to the single story which
could accommodate a F.A.R. of 50%, where with a 460 square foot addition the
F.A.R. would be 9% less than permitted by current code.
3. Except for the increased F.A.R. from 35% to 41 % for a second story addition 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.
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 High Density residential (MHD-3.5-8 DU’sIAcre),
and the proposed project 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 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 500 p.m. on Friday, November 4,2005. 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 20,2007 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 20th day of October, 2005.
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RESOLUTION #: 05-1 0-20-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 05-10
APPROVAL DATE: October 20,2005
EFFECTIVE DATE: November 4,2005
EXPIRATION DATE: November 4,2007
Project Name: Walsh Residence
These conditions of approval apply to Zone Variance (ZV) 05-10 consideration of a
Zone Variance to allow a Floor Area Ratio (F.A.R.) of 41% in order to construct a 460
square foot second story addition to an existing single story residence located at 29406
Cherrywood Lane (Tract 7387, Lot 30), where the municipal code requires a maximum
F.A.R. of 35% for two story residential units located within the PC (Planned Community)
zone district which is regulated based on development standards for the RG-4000 zone
district. 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 05-10 is granted to construct a 460 square foot second story addition
to an existing single story residence, and increasing the F.A.R. from the
code maximum of 35% to 41% on a 3,759 square foot existing single-
family parcel located at 29406 Cherrywood Lane (APN: 650-131-01). This
approval is granted based on the application materials submitted by
Loraine Walsh on September 2, 2005, prepared by Scott Hudgins,
Designer on August 30, 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 (l!jth) day after the date of the Zoning Administrator’s approval
and shall expire November 4, 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 ‘d
Zoning Administrator Resolution 05- 10-20- I
ZV 05-10 ---
Final Conditions of Approval
Date: October 20, 2005
Page 2 of 4
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
required) only by those individuals legally authorized to do so.
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4- - 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.
5. - 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.
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.
7. - 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- 10-20- I zv 0510
Final Conditions of Approval
Date: October 20, 2005
Page 3 of 4 L-
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. (BStS)
IO. - OCFA Review of Architectural Building 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) 573-61 00 for
a copy of the Site/Architectural Notes to be placed on the plans prior to
submittal. (OCFA)
11. - 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.
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13. __ The property owner shall cooperate with the adjoining property owner and
the HOA so that any future 2nd floor additions to the adjacent attached
dwelling unit may incorporate an integrated design of the second story of
the structure.
Zoning Administrator Resolution 05- 10-20- I
ZV 05-10
Final Conditions of Approval
Date: October 20, 2005
Page 4 of 4 ‘d
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: October 20, 2005
Resolution No.: 05-1 0-20-1
Effective Date: November 4, 2005
Applicant Acceptance of Conditions of Approval:
By: /o-ag- 05-
Its: AIb.yyU
Applicant Name Date
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