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ZA Resolution-06-12-07-01ZA RESOLUTION NO. 06-12-07-01 ZONE VARIANCE (ZV) 06-08 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW A 9'-0" AND 10'-0" ENCROACHMENT OF A RESIDENTIAL ADDITION INTO THE 20'-0" SIDE YARD SETBACK, AND INCREASING THE LOTCOVERAGE RATIO MAXIMUM FROM 15% TO 30% FOR THE SINGLE FAMILY RESIDENCE LOCATED AT 30191 SILVER SPUR RD., AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650-061-05 (HANSON). WHEREAS, Mr. Ronald Hanson has requested approval of a Zone Variance to Section 9-3.301 (Residential Development Standards) to allow a 9'-0" and 10'-0" encroachment of an expansion of the existing single family residence into the required 20'- 0" side yard setbacks, and to allow a lot coverage ratio of 30%, where 15% is required by code for the single family residence located at 30191 Silver Spur Rd., (Tract 6427, Lot 25, and Assessor Parcel Number 650-061-05). The proposed project site is General Plan designated as (VLD, 0 to 1.0 DUs/Acre), Very Low Density and classified as (RSE-40,000) Single Family Residential Estate - 40,000 on the Official Zoning Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 1.111, 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 A Iterations 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 April 6, 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: 1. There are special circumstances that are applicable to the property because the lot is currently zoned as RSE-40,000, which requires a minimum 40, 000 square foot lot size, and the subject parcel was developed with an overall lot size of 17,938 square feet. Existing development on the site includes a 2,506 square foot S.F.R. that was originally constructed with 13'-0" and 10'-0" side yard setbacks, and with the new zoning designation placed upon the parcel in 2002 has resulted in a legal non -conforming situation. The proposed encroachment will not adversely impact adjacent property owners because the side yard setbacks would exist as original tract development, and the property had envisioned, and that was implemented ZA Resolution 06-12-7-01 2 December 7 2006 during original construction. Strict application of Section 9-3.301 would deprive the applicant of privileges enjoyed by other properties within the surrounding development by not allowing the residence to make additions to the existing structure consistent with the original intent of the development as single story ranch houses, based on the requirement for 10 foot side yard setbacks and no applicable lot coverage ratios in the original 1970 subdivision map approval. 2. Approval of Zone Variance 06-08 would not constitute the granting of a special privilege because other dwellings in the same development have been allowed to maximize building area within their building envelopes, and the proposed remodel and expansion of the existing single family residence is consistent with the development pattern of the surrounding neighborhood. 3. Except for the reduced rear side yard setbacks of 10'0" and 110", and the increased maximum lot coverage ratio for the residential remodel and expansion to approximately 5,375 s.f., 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.. Furthermore, the addition would not encroach into the side yard setback greater than the existing house built utilizing a 10'0" side yard setback in the 1970's. 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 Very Low Density residential (VLD 0-1 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, December 22, 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 7th day of December, 2006, by the following vote, to wit: Ell Wham A. Ramsey, AICP, Zoning dmini i RESOLUTION #: 06-12-7-1 FINAL CONDITIONS OF APPROVAL Project #: ZV 06-03 Project Name: Hanson Residence These conditions of approval apply to Zone Variance (ZV) 06-08 consideration of a Zone Variance to allow a 9'-0" and 10'-0" encroachment of a building addition into the side yard setbacks where a 20'-0" side yard setback is required, and to allow a lot coverage ratio of 30% where a maximum of 15% is required for the single family residence located at 30191 Silver Spur Road within the Single Family Residential Estate -40,000 (RSE-40,000) 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 06-08 is granted to construct a 2,869 square foot residential addition on property located at located at 30191 Silver Spur Rd. (Tract 6427, Lot 25, and Assessor Parcel Number 650-061-05). This approval is granted based on the application materials submitted by Mr. Ronald Hanson on August 21, 2006, including a revised site plan submitted on November 2, 2006 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 December 7, 2008 (24) months after the approval date, 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 06-12-7-1 Final Conditions of Approval ZV 06-08 Date: December 7, 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 issuance of any permits, final inspections, utility releases and/or release of securities, as specified in these conditions. (B&S) Zoning Administrator Resolution 06-12-7-1 Final Conditions of Approval ZV 06-08 Date: December 7, 2006 Page 3 of 3 10. OCFA Review of Architectural BuildingPlans. lans. 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: December 7, 2006 APPROVAL DATE: December 7, 2006 EFFECTIVE DATE: December 22, 2006 EXPIRATION DATE: December 7, 2008 Applicant Acceptance of Conditions of Approval: Applicant' Signature: Print Name C,tA r� J Ck-Vt,"ZOLA Title: oojwa� Date: 3 b