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
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