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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, - 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. - 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. L 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. L 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. 12. __ L- 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 L Title