ZA Resolution-06-01-05-01ZA RESOLUTION NO. 06-1-5-1
ZONE VARIANCE (ZV) 05-11
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW A
9'-0" ENCROACHMENT OF A 140 SQUARE -FOOT, 14 FOOT HIGH
GAZEBO INTO THE 14'-0" REAR YARD SETBACK OF THE PROPERTY
LOCATED AT 27142 CONNEMARA DR. AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 675-261-01
(ANSARI).
WHEREAS, Farhad and Carolyn Ansari request approval of a Zone Variance
to Section 9-3.301 (Residential Development Standards) to allow a 9'-0" encroachment of a
14' high, 140 square foot gazebo into the rear yard setback, where a 14'-0" rear yard
setback is required for the gazebo (setback equal to the height of the structure) located at
27142 Connemara Dr. (Tract 9784, Lot 1/ Assessor Parcel Number 675-261-01). zone
district. The proposed project site is General Plan designated as (VLD, 0 to 1.0 DUs/Acre),
Very Low Density and classified as (RS -10,000) Single Family residential -10,000 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), (Minor Alterations in Land Use Limitations) categorical exemption, and caused
a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines;
and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing
on January 5, 2006 pursuant to Section 9-2.313 of the Municipal Code to Consider public
testimony on the proposed project.
6 NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
There are special circumstances that are applicable to the property in that at the
time of the initial construction of the Ansari Residence, the model home was
oriented in a manner that was intended to provide increased marketability for the
Connemara residential tract. However, the result of the home siting resulted in
reduced useable yard area for the subject property. The setbacks for the house
were oriented with the front yard along Avenida Pescador, and to make the model
home more accessible, the front entry of the house situated along Connemara
Drive, a designated side yard. Furthermore, a majority of the homes within
Connemara were constructed on lots in excess of 12,000 s.f., where the Ansari
ZA Resolution 06-1-5-1 2 January 5, 2006
residence was developed on a lot area of 9,984 s.f., significantly less than the
average lot size within the residential tract.
2. Approval of Zone Variance 05-11 would not constitute the granting of a special
privilege in that initial development of the lot as a model home site placed unique
setback constraints on the lot, and reduced the overall square footage of the lot to a
size inconsistent with the overall residential tract. Limitations placed upon the
residence are unique to the Connemara tract, and do not exist on properties in the
surrounding community.
3. Except for the reduced rear yard setback of 5'0" for the 14'0" gazebo structure,
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 Low Density residential (MLD 2-3.5 DU's/Acre),
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 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 (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m; Friday, January 20,
2006. 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 5th day of January, 2006, by the
following vote, to wit:
William A. Ramsey, AICP, Zoning Admit istrator
(PAPLANNINMARCHIVEZV PROJECTS\ZV0511ANSARI\ZV05-11ANSARI-ZARESO
These conditions of approval apply to Zone Variance (ZV) 05-11 consideration of a
Zone Variance to allow a 9'-0" encroachment of a 14' high gazebo into the rear yard
setback, where a 14'-0" rear yard setback is required for the gazebo (setback equal to
the height of the structure) located within the Single Family residential -10,000 (RS -
10,000) 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 05-11 is granted to construct a 140 square foot, 14'0" high gazebo on
property located at 27142 Connemara Dr. (Tract 9784, Lot 1/ Assessor
Parcel Number 675-261-01). This approval is granted based on the
application materials submitted by Farhad and Carolyn Ansari on
November 23, 2005, including site plan, and elevations. 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 (15th) day after the date of the Zoning
Administrator's approval and shall expire January 20, 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.
RESOLUTION #: 06-1-5-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 05-11
Project Name: Ansari Residence
APPROVAL DATE:
January 5, 2006
EFFECTIVE DATE:
January 20, 2006
EXPIRATION DATE:
January 20, 2008
These conditions of approval apply to Zone Variance (ZV) 05-11 consideration of a
Zone Variance to allow a 9'-0" encroachment of a 14' high gazebo into the rear yard
setback, where a 14'-0" rear yard setback is required for the gazebo (setback equal to
the height of the structure) located within the Single Family residential -10,000 (RS -
10,000) 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 05-11 is granted to construct a 140 square foot, 14'0" high gazebo on
property located at 27142 Connemara Dr. (Tract 9784, Lot 1/ Assessor
Parcel Number 675-261-01). This approval is granted based on the
application materials submitted by Farhad and Carolyn Ansari on
November 23, 2005, including site plan, and elevations. 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 (15th) day after the date of the Zoning
Administrator's approval and shall expire January 20, 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.
Zoning Administrator Resolution 06-1-5-1 Final Conditions of Approval
ZV 05-11 Date: January 5, 2006
Page 2 of 3
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 Department prior to
Zoning Administrator Resolution 06-1-5-1 Final Conditions of Approval
ZV 05-11. Date: January 5, 2006
Page 3 of 3
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
10. 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/Architectural Notes to be placed on the plans prior to
submittal. (OCFA)
11. Construction hours. Construction hours shall be limited to 7:00 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
Date of Approval: January 5, 2006
Resolution No.: 06-1-5-1
Effective Date: January 20, 2006
Applicant Acceptance of Conditions of Approval:
Applicant Name Date
Its: 6 knc aw e t--
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