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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