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ZA Resolution-07-04-19-01ZA RESOLUTION NO. 07-04-19-01 ZONE VARIANCE (ZV) 07-04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A ZONE TO ALLOW AN INCREASE OF THE LOT COVERAGE FROM 17.2% TO 18% WHERE 15% IS REQUIRED AND A SEVEN FOOT (7'-0") ENCROACHMENT OF A ONE HUNDRED AND FORTY EIGHT SQUARE FOOT (148'-0") BUILDING ADDITION INTO THE REQUIRED TWENTY FOOT (20'-0") SIDE YARD SETBACK FOR THE SINGLE FAMILY RESIDENCE LOCATED AT 26882 CANYON CREST AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 664-101-26 (SCHROEDER). WHEREAS, Mr. Dave Schroeder requests approval of a zone variance to Section 9-3.301 (Residential Development Standards) to allow an increase of the lot coverage from 17.2% to 18% where 15% is required and a seven foot ( 7'-0") encroachment of a one hundred and forty eight square foot (148'-0") building addition into the required twenty foot (20'-0") side yard setback for the single family residence located at 26882 Canyon Crest. (Tract 6427, Lot 17, and Assessor Parcel Number 650-042-01) 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), 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 19, 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: 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 18,234 square feet. Existing development on the site includes a 2,290.0 square foot S.F.R. that was originally constructed with thirteen foot (13'-0") and ten foot six inch (10'-6") side yard setbacks, without a lot coverage calculation, and with the new zoning designation placed upon the parcel in 2002 has resulted in a legal non -conforming situation. The proposed plans result in a structure with side setbacks of thirteen feet (13'-0"), where a twenty foot (20'-0") side yard setback is required. The proposed encroachment and increased lot coverage will not adversely impact ZA Resolution 07-04-19-01 2 April 19. 2007 adjacent property owners because the side yard setbacks would exist as original tract development, and the developer had envisioned, and that was implemented during original construction. In addition, there are existing residences in the area that are 3,000 to over 4;000 sq. ft. (living area) in size, and the applicant is proposing a residence that is similar in design and size to those surrounding structures. 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. 2. Approval of Zone Variance 07-04 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 would be consistent with the development pattern in the neighborhood. 3. Except for the reduced side yard setback of thirteen foot (13'-0)" and increase lot coverage to 18%, 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 thirteen foot (13'-0") side yard setback previously established. 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, 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, May 4, 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 19th day of April, 2007, by the following vote, to wit: RESOLUTION #: 04-04-19-01 FINAL CONDITIONS OF APPROVAL Project #: ZV 07-04 Project Name: Schroeder Residence These conditions of approval apply to Zone Variance . (ZV) 07-04 consideration of a Zone Variance to allow an increase of the lot coverage from 17.2% to 18% where 15% is required and a seven foot (7'-0") encroachment of a one hundred and forty eight square foot (148'-0") building addition into the required twenty foot (20'-0") side yard setback for the single family residence located at 26882 Canyon Crest. 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 one hundred and forty eight square foot (148'-0") building addition located at 26882 Canyon Crest. (Tract 6427, Lot 17, and Assessor Parcel Number 650-042-01). This approval is granted based on the application materials submitted by Mr. David Schroeder on March 13, 2007. 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 19, 2009 (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. 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. Zoning Administrator Resolution 07-04-19-01 Final Conditions of Approval ZV 07-04 Date: April 19, 2007 Page 2 of 3 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) 10. OCFA Review of Architectural Buildinq 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) Zoning Administrator Resolution 07-04-19-01 Final Conditions of Approval ZV 07-04. Date: April 19, 2007 Page 3 of 3 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 al[buildingpermit plans are reviewed and stamped approved by the Home Owners Association (HOA) discretionary review board prior to submission for plan checkby 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 19, 2007 APPROVAL DATE: April 19, 2007 EFFECTIVE DATE: May 4, 2007 EXPIRATION DATE: April 19, 2009 Applicant Acceptance of Conditions of Approval: Applicant's Signature: Date: L) Print Name 40111, � 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanjuancapistrano. org May 8, 2007 Dave Schroeder 26882 Canyon Crest Rd. San Juan Capistrano, CA 92675 L9A MEMBERS OF THE CITY COUNCIL SAM SAM ALLEVATO + mCO RPOORRIEO THOMAS W. HRIBAR OTAOEISHR 1 MARK NIELSEN 1776 JOE SOTO • DR. LONDRES USO RE: Zone Variance (ZV) 07-04; ZONING ADMNISTRATOR (ZA) RESOLUTION 07- 04-19-01 Dear Mr. Schroeder, On April 19, 2007, The Zoning Administrator adopted the subject Resolution. We are a enclosing a copy of the Resolution 07-04-19-01 for your records, along with the Conditions of Approval. If you can please sign and date the Conditions of Approval and mail back to the following address: City of San Juan Capistrano Attn:. Planning Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 If I can be of further assistance, please contact me at (949) 443-6329 or by e-mail at cgomez(asanivancapistrano.ora. Sincerely, CtLina Gomez Administrative Secretary Enclosure: ZA Resolution Conditions of Approval San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100% recycled paper I