ZA Resolution-06-02-23-01ZA RESOLUTION NO. 06-2-23-1
ZONE VARIANCE (ZV) 06-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW A
10'-0" ENCROACHMENT OF A 54 SQUARE -FOOT, ROOM ADDITION
INTO THE 20'-0" REAR YARD SETBACK OF THE PROPERTY LOCATED
AT 27533 PASEO TALAVERA, AND MORE PRECISELY REFERRED TO
AS ASSESSORS PARCEL NUMBER 938-791-20 (LEVENSON).
WHEREAS, Elliot and Norma Levenson request approval of a variance to
Section 9-3.301 (Residential Development Standards) to allow a 10'-0" encroachment of a
room addition into the rear yard setback, where a 20'-0" rear yard setback is required for
the primary structure located at 27533 Paseo Talavera. (Tractl2739, Lot 2, Unit 8, and
Assessor Parcel Number 938-791-20) The proposed project site is General Plan
designated as Medium Low Density residential (2-3.5 DU's/Acre) and classified as Planned
Community (PC) which is regulated by Comprehensive Development Plan (CDP 81-2) 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), (MinorAlterations 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 February 23, 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 an irregularly shaped building site surrounded by streets and common
open space on two sides. The proposed encroachment will not adversely
impact adjacent property owners because the rear yard abuts a common open
area. 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 a Planned Unit Development consisting
of detached single family residences with reduced setback limitations.
ZA Resolution 06-2-23-1 2 February 23, 2006
2. Approval of Zone Variance 06-01 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 pursuant to CDP 81-2,
and the proposed room addition is consistent with the development pattern in
the neighborhood.
3. Except for the reduced rear yard setback of 10'0" for the 54 square foot room
addition, 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, March 10, 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 23rd day of February, 2006, by
the following vote, to wit:
t��Lezta
William A. Ramsey, Al , Zoning Ad nis rator
Project #: ZV 06-01
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
RESOLUTION #: 06-2-23-1
Exhibit A
CONDITIONS OF APPROVAL
Project Name: Levenson Residence
February 23, 2006
March 10, 2006
March 20, 2008
These conditions of approval apply to Zone Variance (ZV) 06-01 consideration of a
Zone Variance to allow a 10'-0" encroachment of a room addition into the rear yard
setback, where a 20'-0" rear yard setback is required for the primary structure located
within the Glendale Federal Planned Community (PC) zone district which is regulated
by Comprehensive Development Plan (CDP 81-2). 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 06-01 is granted to construct a 54 s.f. room addition approximately
10'0" into the rear yard setback, where a 20'-0" rear yard setback is
required for the primary structure located at 27533 Paseo Talavera (Tract
12739, Lot 2, Unit 8/ Assessor Parcel Number 938-791-20). This approval
is granted based on the application materials submitted by Elliot and
Norma Levenson on January 10, 2006, 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
March 10, 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 06-2-23-1 Final Conditions of Approval
ZV 06-01 Date: February 23, 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 06-2-23-1 Final Conditions of Approval
ZV 06-01, Date: February 23, 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: February 23, 2006
Resolution No.
Effective Date:
06-2-23-1
March 10, 2006
Applicant Acceptance of Conditions of Approval:
By: 1��g �- (-Z�
Applicant Name
Its: t'i Gc„cL_
IV1731
Date