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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 FLAtT�5v t (00(d Date