ZA Resolution-08-03-20-01ZA RESOLUTION NO. 08-03-20-1
ZONE VARIANCE (ZV) 08-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING AZONE VARIANCE TO ALLOW A
ONE FOOT TEN INCH ( V-10") ENCROACHMENT FOR A TWO
HUNDRED AND NINETEEN SQUARE FOOT (219 SF) BUILDING
ADDITION INTO THE REQUIRED TEN FOOT (10'-0") SIDE YARD
SETBACK FOR A SINGLE FAMILY RESIDENCE LOCATED AT 25452
CALLE JARDIN (APN: 668-192-17) (FINNERTY).
WHEREAS, Ms. Pat Finnerty requests approval of a zone variance to Section 9-
3.301 (Residential Development Standards) to allow a one foot ten inch (1'-10") encroachment of
a two hundred and nineteen square foot (219') building addition into the required ten foot (10'-
0") side yard setback. The subject property is located at 25452 Calle Jardin (Tract 5657, Lot 17,
and Assessor Parcel Number 668-19-217) The proposed project site is General Plan
designated as Medium Density (3.5 to 5.0 dwelling units per acre), and classified as Single
Family Residential - 7,000 (RS -7,000) 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; and,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City
of San Juan Capistrano does hereby make the following findings: -
When the subject property and the surrounding homes were developed it was prior to
the area being located within the jurisdiction of San Juan Capistrano. The manner in
which the homes were developed was with an eight foot two inch (8'-2") setback.
Subsequently the community became part of San Juan Capistrano. Prior to the 2002
Municipal Code update the community was designated Single Family (RS). Under this
designation the community had a ten foot (10'-0"-) setback. However under this code
there was a provision that allowed for development to encroach into the required rear or
side yard setback to not exceed the furthest existing encroachment. This enabled
several homes in the community to continue to develop in a manner consistent with the
way the homes had originally been designed. As part of the 2002 Municipal Code update
the provision which enabled encroachment into the required side yard setback to the
point of existing encroachment. The result is that Ms. Finnerty or any other owner is
denied the same rights provided to other property owners to develop in a manner
consistent with the original design. Further due to the manner in which the home was
ZA Resolution 08-03-20-1 2 March 20 2008
developed and additional improvements made to the home over the years design
alternatives are not feasible or reasonable. Because other homes within the same
development have been allowed to development in this manner and the Municipal Code
update, Ms. Finnerty is denied the same rights are exercised and enjoyed by other
homes in her community; and,
2. Approval of Zone Variance 08-01 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, and the proposed remodel and expansion
would be consistent with the development pattern in the neighborhood; and,
3. Except for the reduced side yard setback of eight foot two inch (8'-2)", 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 an eight foot two inch (8'-2") side yard setback previously
established; and,
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 Density Residential (3.5-5.0 dwelling units per 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 4, 2008. 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 20th day of March, 2008.
Wilfiam A. Ramsey, AICP, Zoning-Comihistrator
RESOLUTION #: 08-03-20-1
FINAL CONDITIONS OF APPROVAL
Project #: ZV 08-01 Project Name: Finnerty Residence
These conditions of approval apply to Zone Variance (ZV) 08-01 consideration of a
Zone Variance to allow a one foot ten inch (1'-10") encroachment of a two hundred and
nineteen square foot (219') building addition into the required ten foot (10'-0") side yard
setback for the single family residence located at 25452 Calle Jardin. 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 08-01 is granted to construct a two hundred and nineteen square foot
(219') building addition located at 25452 Calle Jardin. (Tract 5657, Lot 17,
and Assessor Parcel Number 668-19-217). This approval is granted
based on the application materials submitted by Ms. Pat Finnerty on
February 25, 2008. 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 20, 2010 (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.
ZA Resolution 08-3-20-1 Conditions of Approval
ZV 08-01, Finnerty 2 March 20, 2008
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 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)
-Z---A-Resolution 08-3-20-1
Conditions of Approval
ZV 08-01 Finnert 3 March 20 2008
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: March 20, 2008
APPROVAL DATE: March 20, 2008
EFFECTIVE DATE: April 4, 2008 ,
EXPIRATION DATE: March 20, 2010
Applicant Acceptance of Conditions ofApproval•
Applicant's QI Date:
Signature:
Print Name: