ZA Resolution-09-05-07-01ZA RESOLUTION NO. 09-05-07-01
ZONE VARIANCE (ZV) 09-001, SHELTON RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A SWIMMING POOL AND SPA TO BE
CONSTRUCTED WITH A 5'-0" SETBACK IN LIEU OF THE REQUIRED
1-o"OPI SIDE AND -REAR YARD SETBACK FOR AiV EXISTING
APPROXIMATELY 13,500 SQUARE FOOT PARCEL, LOCATED AT 27891
HORSESHOE BEND AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 650-235-05 (SHELTON RESIDENCE).
Whereas, Kerry Kinkade of Bella Vista Pools requests approval of a zone
variance to allow construction of a swimming pool and spa within the required 10'-0" side
and rear yard setback, at 5'-0" from edge of water to property line, on property located at
27891 Horseshoe Bend. The project site is General Plan -designated Very Low Density (0-1
DUs/acre) and classified as RSE-20,000 on the Official Zoning Map; and,
Whereas, Thomas and Pamela Shelton are the owners of real property
located at 27891 Horseshoe Bend (APN 650-235-05); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, General Review Procedures of the Title 9, Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), has issued a
categorical exemption, has caused a Notice of Exemption to be posted pursuant to Section
15062 of the CEQA Guidelines, and has otherwise complied with all applicable provisions,
of the California Environmental Quality Act (CEQA); and,
Whereas, the Zoning Administrator conducted a duly -noticed public hearing
on April 16, 2009 pursuant to Section 9-2.351 of Title 9, Land Use Code to consider public
testimony on the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano hereby makes the following findings:
1. There are special circumstances applicable to the property including size, shape,
topography, 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 because the subject property was previously zoned
"RS" which allowed pools and spas to be constructed with a 5'-0" setback.
Subsequently the zoning designation changed to RSE-20,000, which requires a
more restrictive 10'-0" side and rear setback for pools and spas. Requiring a 10'-0"
setback would restrict the development abilities in the back yard of the subject
ZA Resolution 09-05-07-01 2 May 7, 2009
property, as it was originally developed under the "RS" standards, and has a legal
non -conforming lot size, where the minimum lot size is 20,000 square feet and the
subject property is approximately 13,500 square feet. Staff has verified that a
.majority of the properties in the vicinity are less than 20,000 square feet. Seven (7)
of the twenty-nine. (29) properties on Horseshoe Bend have constructed swimming
pools consistent with the previous standards of the RS district.
2. The granting of the variance wouldnot constitute a grant .of special privilege
inconsistent with the limitations on. other properties in the vicinity and under the
same zoning because staff has verified that at least 7 other pools and/or spas have
previously been constructed on Horseshoe Bend in the RSE-20,000 district.
3. The variance will result in development which is otherwise consistent with the
provisions of Title 9, Land Use Code because all others aspects of the construction
of this project will be consistent with the provisions of Title 9, subject to conditions of
approval.
4. The variance will result in development which is consistent with the goals, policies,
and objectives of the General Plan because the General Plan designates the
property as Very Low Density residential (0-1 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 hereby approves variance for the proposed project subject to those
conditions contained in Exhibit A attached hereto and incorporated herein based on the
findings contained in this resolution subject to the following conditions of approval:
EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.311 of
Title 9, Land Use Code, this project approval shall become effective following expiration of
the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen
(15) day appeal period shall expire at 5:00 p.m. on Friday, May 22, 2009. This project
approval shall be valid for a period of two (2) years from the date of approval of this
resolution and shall expire on May 7, 2011 unless a time extension request has been
submitted to the City; or a building/grading permit application has been submitted to the
City.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2009.
RESOLUTION #: 09-05-07-01
FINAL CONDITIONS OF APPROVAL
Project #: ZV 09-001 Project Name: Shelton Residence
These conditions of approval apply to Zone Variance (ZV) 09-001 an approval of a zone
variance to Section 9-3.301 (Residential Development Standards) to allow a five foot (5-
0") side and rear yard setback into the required ten foot (10'-0") side and rear yard
setback for the swimming pool and spa located at 27891 Horseshoe Bend, Assessor
Parcel Number 650-235-05). Any proposed change of use or expansion of the area or
modifications to the site plan or structures shall be submitted to the City 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:
1 ZV 09-001 is granted to construct a five foot ( 5'-0") encroachment of a
swimming pool and spa into the required thirty foot (10'-0") side and rear
yard setback for property located at 27891 Horseshoe Bend, and
Assessor Parcel Number 650-235-05. This approval is granted based on
the application materials submitted by Mr. Kerry Kinkade on March 6,
2009. 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 Community
Development 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 May 7, 2011, (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 Community Development
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
Community Development Director.
2. The pool equipment shall emit no more than 45 dB when measured at the
nearest property line. Prior to the request for the final inspection, the
applicant shall schedule a field test with the Community Development
Department. City staff shall take sound readings and determine that the
pool equipment is in compliance with this condition.
ZA Resolution 09-05-07-01 Conditions of Approval
ZV 09-001, Shelton Residence 2 May 7 2009
3. Upon submittal for a Building Permit, the applicant shall submit a
geotechnical report prepared by a registered engineering geologist or
similarly qualified individual as required by State iaw. Said report shall be.
subject to review by the City's geotechnical consultant to insure all
applicable standards and requirements are met. The geotechnical report
will determine whether the pool shall require construction of caissons or
other type of deep foundation. Prior to issuance of the building permit, the
Building & Code Enforcement Manager or his designee shall verify that
the design of the proposed pool improvements is consistent with the
recommendations of the approved geotechnical report.
4. The pool base (bottom) will need to provide a minimum setback equal to
"slope height/6" consistent with the California Building Code (CBC).
(Note: The existing pad is at an elevation of about 262 and the base of
the slope is about 212 -for a total slope height of about 50'-0". The
minimum required CBC setback_ at the base of the pool where the load
occurs would be (50/6) or 8'-4" whereas the base of the pool is proposed
to be setback about 18'-0" from the slope face.)
6. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
6. 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.
7. 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.
8. 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.
ZA Resolution 09-05-07-01 Conditions of Approval
ZV 09-001, Shelton Residence 3 May 7 2009
9. 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.
10. 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.
11. 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.
12. 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)
13. 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)
14. 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)
15. 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: April 16, 2009
APPROVAL DATE: May 7, 2009
EFFECTIVE DATE: May 22, 2009
EXPIRATION DATE: May 7, 2011
ZA Resolution 09-05-07-01 Conditions of Approval
ZV 09-001, Shelton Residence 4 May 7 2009
Applicant Acceptance of Conditions of Approval:
Applicant's
Signature: Date: �>I
Print Name: !'%y owoe