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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-- Title Title