ZA Resolution-08-09-04-01ZA RESOLUTION NO. 08-09-04-01
ZONE VARIANCE (ZV) 08-05
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW a FOUR
FOOT (4'-0") ENCROACHMENT OF A THREE HUNDRED AND SIXTY SQUARE
FOOT (360'-0") BUILDING ADDITION INTO THE REQUIRED THIRTY FOOT (30%
0") FRONT YARD SETBACK FOR THE SINGLE FAMILY RESIDENCE LOCATED
AT 28481 AVENIDA LA MANCHA (TRACT 11826, LOT 10, AND ASSESSOR
PARCEL NUMBER 668-19-217) (HAJECK).
WHEREAS, Mr. Michael Hajeck requests approval of a zone variance to Section 9-
3.301 (Residential Development Standards) to allow a four foot ( 4'-0") encroachment of a three
hundred and sixty square foot (360'-0") building addition into the required thirty foot (30'-0") front
yard setback. The subject property is located at 28481 Avenida La Mancha (Tract 11826, Lot 10,
and Assessor Parcel Number 668-19-217) The proposed project site is General Plan designated
as Low Density (1 to 2 dwelling units per acre), and classified as Residential Estate - 20,000
(RSE-20,000) 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 ofthe 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:
Are there special circumstances applicable to the property including size shape
tomography, location, or surroundings so that the strict application of the Code would
deprive the property of privileges enjoyed by other properties in the vicinity and with
the same zoning classification? Prior to the 2002 Municipal Code update the subject
property was zoned Single Family Residential (RS) with the added restriction of
minimum lot sizes of 20,000 square feet. During the 2002 Municipal Code update the
subject property was rezoned to the Residential Estate with minimum lot size of
40,000 square feet (RSE-40,000). The change in zoning resulted in different
development standards being applied to the residences. Specifically the front yard
setback was altered from twenty (20'-0") feet to thirty (30'-0")feet. As ,part of a
measure to rectify these discrepancies between the development standards the
property was rezoned to the Residential Estate with minimum lot size of 20,000
square feet (RSE-20,000). While this change resulted in greater conformity, the
issue of the increase in the front yard setback remains. Because other properties
were able to develop to the twenty (20'-0") foot the application of a thirty (30'-0")
setback denies the subject property the same privileges as enjoyed by other
ZA Resolution 08-09-04-1 2 September 4 2008
properties in the vicinity and in the same zoning classification.
2. Would the granting of the variance constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicinity and under the same zoning?
Approval of Zone Variance 08-05 would not constitute the granting of a special
privilege because other dwellings in the same development have been allowed to
develop with a twentyfoot setback and the proposed remodel and expansion would
be consistent with the development pattern in the neighborhood. Because the
proposed addition does not expand the development standards beyond the
standards as previously established under the Single Family (RS) designation.
3. Will the variance result in development which is otherwise inconsistent with the
provisions of Title 9 of the Municipal Code? Except for the reduced front yard
setback of four (4'-0)" foot, 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 front yard setback greater than existing houses built utilizing a
twenty foot (20'-0") front yard setback. Because all other elements of the proposed
addition meet the development standards for the RSE-20,000 district and there is no
other applicable provisions of title 9 of the Municipal Code the proposed project is
found to satisfy this finding.
4. Will the variance result in a development which is inconsistent with the goals
policies, and objectives of the General Plan? 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 Low Density
residential (1-2 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, September 19, 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 4th day of September, 2008.
0
am A. Ramsey, AICP, ZoningAdi nlinistrator
RESOLUTION #: 08-09-04-01 .
FINAL CONDITIONS OF APPROVAL
Project #: ZV 08-05 Project Name: Hakeck Residence
These conditions of approval apply to Zone Variance (ZV) 08-01 a Zone Variance
approval of a zone variance to Section 9-3.301 (Residential Development Standards) to allow a
four foot ( 4'-0") encroachment of a three hundred and sixty square foot (360'-0") building
addition into the required thirty foot (30'-0") front yard setback for the single family residence
located at 28481 Avenida La Mancha (Tract 11826, Lot 10, and Assessor Parcel Number 668-
19-217). 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 08-05 is granted to construct a a four foot ( 4'-0") encroachment of a three
hundred and sixty square foot (360'-0") building addition into the required thirty
foot (30'-0") front yard setback for the single family residence located at
28481 Avenida La Mancha (Tract 11826, Lot 10, and Assessor Parcel Number
668-19-217). This approval is granted. based on the application materials
submitted by Mr. Charles Howell on July 18, 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 September 4, 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.
ZA Resolution 08-9-04-01 Conditions of Approval
ZV 08-05, Haieck Residence 2 September 4 2008
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
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
ZA Resolution 08-9-04-01 Conditions of Approval
ZV 08-05, Haieck Residence 3 September 4, 2008
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)
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: September 4, 2008
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
September 4, 2008
September 19, 2008
September 4, 2010
Applicant Acceptance of Conditions of Approval:
Applicant's ,
Signature: Date: 1�4_631
Print Name: Al "li e f —,Y, 1-4 s.c CL-