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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 i Print Name: 4/1 -A -l-.,-