ZA Resolution-07-04-05-01ZA RESOLUTION NO. 07-04-05-01
ZONE VARIANCE (ZV) 07-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW
AN EIGHT FOOT (8'-0") ENCROACHMENT OF A ACCESSORY
STRUCTURE INTO THE REQUIRED TWENTY FOOT (20'-0") SIDE YARD
SETBACK FOR THE SINGLE FAMILY RESIDENCE LOCATED AT 28481
VIA MAMBRINO AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 664-101-26 (MALCHOW).
WHEREAS, Mrs. Soo Malchow requests approval of a variance to Section 9-
3.301 (Residential
-3.301(Residential Development Standards) to allow an eight foot (8'-0") encroachment of a
accessory structure into the required twenty foot (20'-0") side yard setback for the single
family residence located at 28481 Via Mambrino. (Tract 1826, Lot 15, and Assessor Parcel
Number 664-101-26). The proposed project site is General Plan designated as (LD, 1.0 to
2.0 DUs/Acre), 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), Class 3 (e)
(Section 15303) (New Construction or Conversion of Small Structures) 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 05, 2007 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 20,464 square
feet. The site was developed in a specific manner that was originally dictated by the
small estate (ES) zoning, which had different development standards. The result is
an existing home that is legal non -conforming, and the inability of the property
owner to further develop the property in a manner which is consistent with adjacent
properties. The proposed encroachment will not adversely impact adjacent property
owners because the side yard setback would not increase the existing n��n-
' conformity. Strict application of Section 9-3.301 would deprive the applicant of
privileges enjoyed by other properties within the surrounding community by not
ZA Resolution 07-04-06-01 2 April 5, 2007
allowing the residence to make additions consistent with the original intent of the
development.
2. The approval of this variance will not constitute the granting of a special privilege,
because it allows the applicant to construct an addition that is reasonable and
consistent with how other surrounding homes had been developed prior to the 2002
Municipal Code being update.
3. Except for the reduced side yard setback of twelve feet (12'-0") which would be
allowed by the approval of 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
non -conformity.
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 Low Density residential (LD 1-2 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, while
maintaining a very low density residential design.
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, April 20, 2007.
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 April, 2007, by the.
following vote, to wit:
E
William A. Ramsey, AICP, ZoniA Adrginistrator
These conditions of approval apply to Zone Variance (ZV) 07-03 consideration of a
Zone Variance to allow an eight foot (8'-0") encroachment of a accessory structure into
the required twenty foot (20'-0") side yard setback for the single family residence
located at 28481 Via Mambrino 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 07-03 is granted to allow for the addition of a three hundred and twenty
four square foot (324'-0") accessory structure approximately eight feet (8'-
0") into the side yard setback, where a 20'-0" rear yard setback is required
for the primary structure located at 28481 Via Mambrino (Tract 11826 Lot
15)(APN: 650-061-05). This approval is granted based on the application
materials submitted by Soo Malchow on February 15, 2007, 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 April 20, 2009 (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 #: 07-04-06-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 07-03
Project Name: Malchow Residence
APPROVAL DATE:
April 5, 2007
EFFECTIVE DATE:
April 20, 2007
EXPIRATION DATE:
April 20, 2009
These conditions of approval apply to Zone Variance (ZV) 07-03 consideration of a
Zone Variance to allow an eight foot (8'-0") encroachment of a accessory structure into
the required twenty foot (20'-0") side yard setback for the single family residence
located at 28481 Via Mambrino 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 07-03 is granted to allow for the addition of a three hundred and twenty
four square foot (324'-0") accessory structure approximately eight feet (8'-
0") into the side yard setback, where a 20'-0" rear yard setback is required
for the primary structure located at 28481 Via Mambrino (Tract 11826 Lot
15)(APN: 650-061-05). This approval is granted based on the application
materials submitted by Soo Malchow on February 15, 2007, 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 April 20, 2009 (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 07-04-05-01 Final Conditions of Approval
ZV 07-03 Date: April 05, 2007
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 07-04-05-01 Final Conditions of Approval
ZV 07-03 Date: April 05, 2007
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 Buildin Plans. 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: April 05, 2007
Resolution No
Effective Date
07-04-05-01
April 20, 2007
Applicant Acceptance of Conditions of Approval:
By: 4 f Llf�
Soo Malchow, Property.Owner Date