ZA Resolution-06-09-19-01ZA RESOLUTION NO. 06-09-19-1
DEVELOPMENT STANDARDS ADJUSTMENT 06-12
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS
ADJUSTMENT FOR LOT 5 OF TRACT 16749 IN THE FORSTER CANYON
PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN
RESIDENTIAL DISTRICT DEVELOPMENT REGULATIONS (APN 675-081-10)
Whereas, on September 12, 2006, David Birt of John Laing Homes, submitted an
application requesting a Development Standards Adjustment to allow a proposed home on Lot 5 of
Tract 16749 to have a lot coverage of 33.1 %, which is above the standard maximum lot coverage of
32% set out in the Forster Canyon Comprehensive Development Plan Residential District
Development Regulations (p. 78); and
Whereas, the proposed project has been processed pursuant to Section 9-2.301,
Development Review 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), and has issued a Class 5
(Existing Facilities) Categorical Exemption (Minor Alterations in Land Use Limitations); and,
Whereas, the Zoning Administrator conducted a duly -noticed public meeting on
October 19, 2006 pursuant to Section 9-2.313 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:
The requested adjustment is the most practical solution for the proposed project because it
will allow the applicant to retain a lower height model (25') on the subject lot and thus
mitigates view impacts from offsite, and conforms to all other applicable development
standards.
2. The proposed adjustment will not adversely affect adjoining properties because the
proposed structure setbacks and architectural design will mitigate the increased mass.
BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan
Capistrano hereby approves the project subject to the conditions of approval contained in Exhibit "A"
attached hereto and incorporated herein.
EFFECTIVE DATE & FINAL APPROVAL: This project action shall become final and
effective following expiration of the fifteen (15) day appeal period without filing of an appeal, and the
appeal period shall expire at 5:00 p.m., Friday, November 3, 2006.
PASSED, APPROVED AND ADOPTED this 19th day of October, 2006:
William A. Ramsey, Al
RESOLUTION #: 06-09-19-1
EXHIBIT A: CONDITIONS OF APPROVAL
Project #: DSA 06-12 Project Name: Laing Lot Coverage Adjustment
APPROVAL DATE: October 19, 2006
EFFECTIVE DATE: November 3, 2006
EXPIRATION DATE: October 19, 2008
These conditions of approval apply to Development Standards Adjustment # 06-12, to
allow to allow a proposed home on Lot 5 of Tract 16749 to have a lot coverage of 33.1 %,
which is above the standard maximum lot coverage of 32% set out in the Forster Canyon
Comprehensive Development Plan Residential District Development Regulations (p. 78).
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:
DSA 06-12 is granted to allow a proposed home on Lot 5 of Tract 16749
(APN 675-081-10) to have a lot coverage of 33.1%, which is above the
standard maximum lot coverage of 32% set out in the Forster Canyon
Comprehensive Development Plan Residential District Development
Regulations. This approval is granted based on the application materials
submitted by David Birt on September 12, 2006, including site plan 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 date of the Zoning Administrators approval and shall expire
October 19, 2008, 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.
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.
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.
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 Division prior to issuance of any
permits, final inspections, utility releases and/or release of securities, as
specified in these conditions.
10. 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 7:00 a.m. to 6:00 p.m.
Saturday 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. (PLN)
11. Orange County Fire Authority (OCFA) Approval. The applicant shall secure
OCFA approval prior to commencement to any building construction. (OFCA)
12. The applicant shall secure all applicable building permits for construction of
the proposed project as required by the Building Official. (B&S)
13. The project shall be constructed per the Zoning Administrator approved
architectural plans. Any variations shall be submitted to the Planning
Department for review. The subject property shall be developed with a Model
#3, single family detached (SFD) home. (PLN)
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Applica
ce of Conditions of Approval:
For John Laing Homes LLC
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