ZA Resolution-08-05-01-01ZA RESOLUTION NO. 08-05-01-01
DEVELOPMENT STANDARDS ADJUSTMENT (S- 01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A DEVELOPMENT
STANDARDS ADJUSTMENT TO ALLOW A SINGLE STORY ROOM
ADDITION THAT WOULD RESULT IN A LOT COVERAGE RATIO OF
16.0%, WHERE THE MUNICIPAL CODE LIMITS MAXIMUM LOT
COVERAGE OF 15.0% FOR SINGLE STORY RESIDENTIAL UNITS IN
THE RSE 40,000 ZONE DISTRICT. FOR PROPERTY LOCATED AT
26002 VIA ARBOLEDA (APN 649-091-17, NERIA).
Whereas, Chris Neria requests approval of a Development Standards
Adjustment to Section 9-3.301 (Residential Districts Development Standards) of the Land
Use Code to allow a single story room addition that would result in a lot coverage ratio of
16.0%, where the municipal code limits maximum lot coverage of 15.0% for single story
residential units. The property is General Plan designated as Very Low Density residential
(VLD-0-1 DU's/Acre), and is designated as Residential Estate 40,000 (RSE 40,000) on the
Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review 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), and has issued a
Class 1 (e) (Existing Facilities) Categorical Exemption; and,
Whereas, Zoning Administrator conducted a duly noticed public meeting on
August 17, 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:
The requested adjustment is the most practical solution to the proposed project due
to specific hardships faced by the applicant and their family. The ability to add
additional space on the second floor is not possible. Additionally with.the 2002 code
update the subject property incurred an alteration to the development standards that
further restricts development. Prior to the 2002 Municipal Code update the subject
property had no lot coverage maximum, nor a minimum open space requirement.
Therefore other lots adjacent to the subject lot were allowed to develop more
extensively. As part of the code update the subject lot's Zone district changed from
Estate Large (EL) to Residential Estate 40,000 (RSE 40,000). While the setbacks
and height limitations remained, the added constraint of lot coverage was added.
This restriction limits the development of the subject site unjustly in comparison to
the manner in which the adjacent lots were developed. Further compounding the
ZA Resolution 08-05-01-01 2 May 1, 2008
difficulties of the lot are the specific limitations faced by the applicant which does not
allow for second floor additions. Therefore staff has added a condition of approval
that would further limit the first floor to second floor ratio from 75% to 50%. This
would limit future development on the lot to what would be permissible without the
approval of a Development Standards Adjustment. The proposed development is
consistent with the adjacent communities and by restricting the future development
it does not provide the applicant a special privilege. Because the 2002 Municipal
Code update added the additional restriction of lot coverage and the more restrictive
first floor to second floor ratio, the proposed addition is the most practical solution.
2. The subject property is situated at the end of a cul de sac and a majority of the
addition is proposed to be behind the building. The area of addition is on the first
floor which is consistent with the ranch homes which are in the area. Further the
proposed addition is in compliance with all setbacks, height restrictions, and other
applicable development standards. The added condition of limiting second floor
additions will preserve the neighborhood's characteristics. Because the
development is not visually obtrusive and the proposed addition meets all other
development standards it is determined to not adversely affect adjoining properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to the
conditions of approval contained in Exhibit "A" attached hereto and incorporated herein;
and,
EFFECTIVE DATE & FINAL APPROVAL: This project action shall become
final and effective following expiration of the fifteen (15) day appeal period without filing of
an appeal, and the appeal period shall expire at 5:00 p.m., Friday, May 16, 2008.
PASSED, APPROVED AND ADOPTED this 1 st day of May, 2008:
RESOLUTION #: 08-05-01-01
Exhibit A
CONDITIONS OF APPROVAL
Project #: DSA 08-01 Project Name: Neria Residence
APPROVAL DATE: May 1, 2008
EFFECTIVE DATE: May 16, 2.008
EXPIRATION DATE: May 1, 2010
These conditions of approval apply to Development Standards Adjustment # 08-
01, to allow a single story room addition that would result in a lot coverage ratio of
16.0% in the RSE 40,000 zone district, where the municipal code limits maximum lot
coverage of 15.0% for single story residential units. 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 08-01 is to allow a single story room addition that would result in a lot
coverage ratio of 16.0%, where the municipal code limits maximum lot
coverage of 15.0% for single story residential units in the RSE 40,000
zone district. The proposed project is located at 26002 Via Arboleda (APN
649-091-17). This approval is granted based on the application materials
submitted by Chris Neria, prepared by Stan Schrofer and Associates
including site plan, elevations, and floor plan. 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 date of
the Zoning Administrators approval and shall expire May 16, 2008 (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.
Zoning Administrator Resolution 08-05-01-01 Final Conditions of Approval
DSA 08-01 May 1, 2008
Page 2 of 4
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.
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
Zoning Administrator Resolution 08-05-01-01 Final Conditions of Approval
DSA 08-01 May 1, 2008
Page 3 of 4
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.
10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery
of materials, supplies or construction equipment shall be conducted in
accordance with the prescribed hours of operation.
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday.
(PLN)
11. Orange County Fire Authority (OCFA) Approval. The applicant shall
secure OCFA approval prior to commencement to any building
construction. (OFCA)
12. The applicant shall secure all applicable building permits for construction
of the proposed project as required by the Building Official. (B&S)
13. Prior to issuance of any building permit, the applicant shall ensure that all
building permit plans are reviewed, and approved by the Home Owner's
Association (HOA) Architectural Committee prior to submission for plan
check by the City of San Juan Capistrano Building Department, if
applicable. (B&S)
14. The project shall be constructed per the Zoning Administrator approved
architectural plans. Any variations shall be submitted to the Planning
Department for review. (PLN)
15. Prior of the issuance of building permits the applicant shall file with the
County Recorder an Affidavit of Acceptance limiting the permissible first
floor to second floor ratio to 50%. The applicant shall provide
documentation of this action being filed with the County Recorder.
Zoning Administrator Resolution 08-05-01-01 Final Conditions of Approval
DSA 08-01 May 1, 2008
Page 4 of 4
Responsible Agencies: B&S = Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
APPROVAL DATE: May 1, 2008
EXPIRATION DATE: May 16, 2010
RESOLUTION NO.: 08-05-01-01
Applicant Acceptance of Conditions of Approval:
Chris Ne Date