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