ZA Resolution-08-06-19-01ZA RESOLUTION NO. 08-06-19-1
ZONE VARIANCE (ZV) 08-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW
TWO (2) VARIANCES IN CONJUNCTION WITH A PROJECT TO
DEVELOP A 602 SQUARE FOOT SECOND STORY ADDITION TO
INCLUDE A TEN FOOT (10') ENCROACHMENT INTO THE REQUIRED
FRONT YARD SETBACK AND A TEN FOOT (10') ENCROACHMENT INTO
THE REQUIRED SIDE YARD SETBACK FOR PROPERTY LOCATED AT
30738 PASEO ELEGANCIA IN THE MARBELLA CREST SUBDIVISION
(APN 650--392-07) (BROSE RESIDENCE).
WHEREAS, Mr. Danny Brose requests approval of a zone variance to Section 9-
3.301, Table 3-2 (Residential Development Standards) to allow a ten foot (10') encroachment
into the required front yard setback and a ten foot (10') encroachment into the required side yard
setback in order to construct a 602 square foot second story addition. The subject property is
located at 30738 Paseo Elegancia in the Marbella Crest subdivision (Assessor Parcel Number
650-392-07). The project site is General Plan designated as Very Low Density (0 to 1 dwelling
units per acre), and classified as Single Family Residential - 40,000 (RSE-40,000) on the Official
Zoning Map; and,
WHEREAS, the proposed project has been processed consistent with San Juan
Capistrano Municipal Code (SJCMC) Section 9-1.111, Zoning Administrator procedures of Title
9 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 5(a), (Section
15305)(Minor Alterations in Land use Limitations) 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
June 19, 2008 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 rezoned from RSE 20,000 to RSE 40,000. All properties were built
according to RSE 20,000 development standards including front and side yard setbacks
that do no comply with the RSE 40,000 zone front and side yard setbacks. Prior to the
November 15, 200 Municipal Code update, the Marbella Crest subdivision had a twenty
foot (20') front yard setback requirement and a ten foot (10') side yard setback.
However, under the current zoning the front yard setback requirement is thirty feet (30')
and the side yard setback requirement is twenty feet (20'). In summary, the property
owner or any other owner in Marbella Crest is denied the development right provided in a
manner consistent with the original zoning and design of the residence; and,
ZA Resolution 08-06-25-1 2 June 25 2008
2. Approval of Zone Variance 08-02 would not constitute the granting of a special privilege
because the other dwellings in the Marbella Crest subdivision have been developed
consistent with the RSE 20,000 zoning district standards and have nonconforming
setbacks; and,
3. The proposed second story addition is inconsistent with the current RSE 40,000 zoning
district but is consistent with the RSE 20,000 zoning district. Staff is pursuing a rezone
to change the Marbella Crest subdivision back to the RSE 20,000 zone which would
eventually make the project and entire subdivision legal and conforming; and,
4. The granting of these variances 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 (0 to 1 dwelling units per acre). The property is
developed with an existing single family residence and accessory structures. The
second story addition will still be consistent with the General Plan land use map
designation as well as goals and policies.
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 4:30 p.m; Thursday, July 10, 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 25th day of June, 2008.
A. Ramsey, AICP, ZoniniAdmi6istrator
RESOLUTION #: 08-06-25-1
FINAL CONDITIONS OF APPROVAL
Project #: ZV 08-02 Project Name: Brose Residence
These conditions of approval apply to Zone Variance (ZV) 08-02 consideration of two
(2) Zone Variances to allow a ten too (10') encroachment into the required front yard
setback and a ten foot (10') encroachment into the required side yard setback for a
second story addition on property located at 30738 Paseo Elegancia. Any proposed
change of use or expansion of the area or modifications to the site plan or structures
shall be submitted to the Community Development 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:
ZV 08-02 is granted to construct a six hundred and two (602) square foot
second story addition over an existing pool house located at 30738 Paseo
Elegancia (Assessor Parcel Number 650-392-07). This approval is
granted based on the application materials submitted by Mr. Danny Brose
on May 5, 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 Community Development
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 June 19, 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 08-6-25-1 Conditions of Approval
ZV 08-02, Brose Residence 2 June 25, 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)
ZA Resolution 08-6-25-1 Conditions of Approval
ZV 08-02, Brose Residence 3 June 25 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: June 19, 2008
APPROVAL DATE:
June 25, 2008
EFFECTIVE DATE:
July 10, 2008
EXPIRATION DATE:
June 25, 2010
Applicant Acceptance of Conditions of Approval:
Appfcants
Date: :Tv, e dao k
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