ZA Resolution-05-09-15-01ZA RESOLUTION NO. 05-9-15-1
ZONE VARIANCE (ZV) 05-09
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING AZONE VARIANCE TO ALLOW A
7’-0” ENCROACHMENT OF A 1,300 SQUARE-FOOT ACCESSORY
STRUCTURE INTO THE 16”” MAXIMUM HEIGHT LIMIT PER THE HUNT
CLUB SPECIFIC PLAN (SP 77-01) LOCATED AT 30721 HUNT CLUB
DRIVE AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 650-341 -15 (SPIZZIRRI).
WHEREAS, Mark Spizzirri requests a zone variance to Section 9-3.301
(Residential Development Standards) to allow a 7’-0” encroachment of a 1,300 square-foot
accessory structure into the 16’-0” maximum height limit per the Hunt Club Specific Plan
(SP 77-01) located at 30721 Hunt Club Drive. The proposed project site is General Plan
designated as (VLD, 0 to 1 .O DUs/Acre), Very Low Density and classified as (RSE- 40,000)
Residential Single Family on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.405, Zoning Administrator procedures of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), issued a
Class 5 (a), (MinorAlterations in Land Use Limitations) categorical exemption, and caused
a Notice of Exemption to be posted pursuant to Section I5062 of the CEQA Guidelines;
and,
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WHEREAS, the Zoning Administrator conducted a duly noticed public hearing
on September 15, 2005 pursuant to Section 9-2.31 3 of the Municipal Code to Consider
public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. Are there special circumstances applicable to the Dropertv including size, shape,
topography, location, or surroundinas so that the strict application of the Code would
deprive the propertv of privilecaes enioyed by other properties in the vicinity and with
the same zonina classification? There are special circumstances that are applicable
to the property in regards to the location and surroundings. The topography of the
rear portion of the properties is steep and slopes upward away from the residence.
The adjacent parcels have a much more gradual slope condition and are not
impacted by a limited flat buildable area which would allow for the construction of
accessory structures within the maximum height limitation. The property is deprived
by not having comparable buildable area to the adjoining properties and results in
the proposed structure being placed on a 2:l slope and therefore exceeding the
maximum height limitation.
ZA Resolution 05-9-1 5-X 2 September 15.2005
2. Would the Qrantina of the variance constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinitv and under the
same zoninq? The granting of this variance will not constitute a grant of special
privileges in that other properties in the neighborhood have benefited from having a
more gradual slope condition at the rear of the property and allowing for accessory
structures to be located within the height limitation. The existing topography and the
limitations on this parcel cause the property to be deprived of the same privileges
enjoyed by other properties in the neighborhood and with the same zoning
classification.
3. Will the variance result in development which is otherwise inconsistent with the
provisions of Title 9 of the Municipal Code? Except for the proposed
encroachments, this project would not result in any inconsistency with the provisions
of Title 9 of the Municipal Code.
4. Will the variance result in development which is inconsistent with the goals, policies,
and obiectives of the General Plan? 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 (VLD) Very Low
Density 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
herein.
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:OO p.m; Friday, September 30,
2005. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, unless a time extension request or building/grading permit
application related to this discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 15th day of September, 2005, by
the following vote, to wit:
William A. Ramsey, AICP, Zoning
(P:\Planning\Archive\Zv Projects\Zv05-09spiuirri\Zv 05-09 Za Resol 5septOS.Doc) L
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RESOLUTION #: 05-09-1 5-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 05-09
APPROVAL DATE: September 15,2005
Project Name: Spizzirri Residence
EFFECTIVE DATE: September 30,2005
EXPIRATION DATE: September 30,2007
These conditions of approval apply to Zone Variance (ZV) 05-09 consideration of a
Zone Variance to Section 9-3.301 (Residential Development Standards) to allow a 7’-0”
encroachment of a 1,300 square-foot accessory structure into the 16’-0” maximum
height limit per the Hunt Club Specific Plan (SP 77-01). The project site is located at
30721 Hunt Club Drive (APN 650-341-15). 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:
ZV 05-09 is granted to allow a 7’-0” encroachment of a 1,300 square-foot
accessory structure into the 16’-0” maximum height limit per the Hunt Club
Specific Plan (SP 77-01). The project site is located at 30721 Hunt Club
Drive (APN 650-341-15). This approval is granted based on the
application materials submitted by Stan Andrade on June 30, 2005,
prepared by Andrade Architects, Inc. on August 3, 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 (15‘h) day after the date of the Zoning
Administrator’s approval and shall expire September 30, 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.
2. - Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Zoning Administrator Resolution 05-09- 7 5- I Final Conditions of Approval
L- zv 05-09
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Date: September 15,2005
Page 2 of 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.
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
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
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. (B8S)
Zoning Administrator Resolution 05-09- 15- I Final Conditions of Approval
Page 3 of 3
‘L ZV 05-09 Date: September 15, 2005
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) 573-6100 for
a copy of the Site/ArchitecturaI 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)
12. - 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.
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: September 15, 2005
Resolution No.: 05-09-1 5-1
Effective Date: September 30, 2005
Applicant Acceptance of Conditions of Approval: -
Date
Title Date
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P \Planning\Archive\ZV PROJECTS\Zv05-09Spiuirri\SJC City-Standard Conditions of Approval--2005-6 doc