ZA Resolution-06-05-04-010
ZA RESOLUTION NO. 06-5-4-1
DEVELOPMENT STANDARDS ADJUSTMENT (DSA) 06-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS
ADJUSTMENT TO ALLOW A 2'-0" ENCROACHMENT OF A 28 SQUARE -
FOOT ROOM ADDITION INTO THE 20'-0" REAR YARD SETBACK OF
THE PROPERTY LOCATED AT 26562 CALLE LORENZO AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 649-
052-10 (AMORIM).
WHEREAS, Cristina Amorim request approval of a Development Standards
Adjustment to Section 9-3.301 (Residential Districts Development Standards) of the Land
Use Code to allow a 2'-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 26562
Calle Lorenzo. (Parcel 1 of Parcel Map 79-854, and Assessor Parcel Number 649-052-10).
The proposed project site is General Plan designated as (MHD-3.5-8 DU's/Acre) Medium
High Density residential and classified as (RS -4,000) Single Family Residential -4,000 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 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
meeting on April 6, 2006, continued the item to April 20, 2006, and at the request of the
applicant continued the item a second time to May 4, 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. The requested adjustment is the most practical solution for this project because it
accommodates the construction of an addition consistent with the primary structures
overall design, does not exceed the current exterior wall plane of the staircase
encroachment approved in 1989, and will provide the homeowner the ability of
correcting the previous owners code violations without loss of the recreation room.
2. By granting this Development Standards Adjustment, the project will not cause an
adverse affect on the adjoining properties because of the orientation of the addition
on the property in relation to the adjacent residence located on a flag lot, and
ZA Resolution 06-5-4-1 2 May 4, 2006
because significant mature landscaping has developed in a manner that screens
the rear portion of the subject structure from view of the property to the south.
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, May 19, 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 4th day of May, 2006, by the
following vote, to wit:
Wiliam A. Ramsey, AICP, Zo ' g Adm"nistrator
RESOLUTION #: 06-5-4-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: DSA 06-02 Project Name: Amorim Residence
APPROVAL DATE: May 4, 2006
EFFECTIVE DATE: May 19, 2006
EXPIRATION DATE: May 4, 2008
These conditions of approval apply to Development Standards Adjustment (DSA) 06-02
consideration of a Development Standards Adjustment to allow a 2'-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 Single Family Residential -4,000 (RS -4,000).
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. DSA 06-02 is granted to construct a 28 square foot room addition on
property located at 26562 Calle Lorenzo (Parcel 1 of Parcel Map 79-854,
and Assessor Parcel Number 649-052-10). This approval is granted based
on the application materials submitted by Cristina Amorim on March 3,
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 May 4, 2008 (24) months after
the 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 06-5-4-1 Final Conditions of Approval
DSA 06-02 Date: May 4, 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 06-5-4-1 Final Conditions of Approval
DSA 06-02 Date: May 4, 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. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department.(PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
Date of Approval: May 4, 2006
Resolution No
Effective Date:
06-5-4-1
May 19, 2006
Applicant Acceptance of Conditions of Approval:
By.�,�
Applicant Name
Its: z,6 AY c 1
Title
31
Date