ZA Resolution-11-03-23-01ZA RESOLUTION NO. 11-03-23-01
ZONE VARIANCE (ZV) 11-002, HOWARD RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A VARIANCE TO ALLOW A 5'-8" REAR
YARD SETBACK IN THE RS -7,000 DISTRICT FOR AN EXISTING 7,200
SQUARE FOOT PARCEL LOCATED AT 32836 VIA DEL AMO AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER (APN)
668-011-05 (HOWARD RESIDENCE)
Whereas, Shirley Baas Howard requests approval of a zone variance to allow
a 5'-0" rear yard setback for a room on property located at 32836 Via Del Amo. The project
site is General Plan -designated 2.3 Medium Density and classified as RS -7,000 on the
Official Zoning Map; 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 duly -noticed public hearings
on March 16 and March 23, 2011 pursuant to Section 9-2.335 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 adjacent residences to the rear (east) of
the property are significantly separated from the subject property by HOA -
maintained open space creating an additional buffer,and furthermore the City has
previously approved seven other Zone Variances for a reduced rear yard setback
less than the 20'-0" including the adjoining property to the south so that the strict
application of the 20'-0" rear yard setback would deprive the subject property of
privileges enjoyed by these other properties within the Troy Homes neighborhood.
ZA Resolution 11-03-23-01 2 March 23 2011
2. The granting of the variance would. not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning because the proposed reduced rear yard setback would provide a
similar right to that granted to other properties including a minimum 5'-0" setback
approved by the City in 1972 for a residence and rear yard setback reductions of at
least 10'-0" granted approved by the City for six other properties in the Troy homes
neighborhood.
3. The variance will result in development which is otherwise consistent with the
provisions of Title 9, Land Use Code because the proposed application will meet all
other provisions of Title 9 of the Municipal Code including maximum lot coverage
ratio, and all other setback requirements.
4. The variance will result in development which is consistent with the goals, policies,
and objectives of the General Plan because the granting of the variance would not
result in a project which is inconsistent with the goals, policies, and objectives of the
General Plan, specifically the Land Use Element since there would not be a change
in density or land use and the structure would maintain its existing, permitted single-
family residential use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves a 5'-8" rear yard setback for the proposed building addition
subject to those conditions contained in Exhibit A attached hereto and incorporated herein.
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 Thursday, April 7, 2011. This project
approval shall be, valid for a period of one (1) year from the date of approval of this
resolution and shall expire on March 23, 2012 unless a time extension request has been
submitted to the City; or a building/grading permit application has been submitted to the
City; or in the case of a conditional use permit, the use has been established prior to the
approval expiration date.
PASSED, APPROVED AND ADOPTED this 23�d day of March, 2011
EXHIBIT A
RESOLUTION # 11-03-23-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Zone Variance (ZV) 11-002
PROJECT NAME: Howard Residence
APPROVAL DATE: March 23, 2011
EFFECTIVE DATE: April 7, 2011
These conditions of approval apply to the above -referenced project application described in
more detail below. 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. The subject project proposes and addition with 5-0" rear yard setback where the
Zoning Administrator has approved a variance to allow a 5-8" rear yard setback on
7,200 square foot parcel located at 32836 Via Del Amo APN: 668-011-05. This
project approval is based on and subject to the application materials prepared by
Shirley Baas Howard dated and revised to 1/12/2011 including site plan(s), building
elevation(s), floor plan(s), and any other plans. These plans and the proposed use of
the project site are hereby incorporated by reference into this approval as submitted
and conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this project
approval may be approved by the Development Services Director pursuant to Section.
9-2.303, Administrative approvals of Title 9, Land Use Code.
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, stamped and signed, if 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, Development
Services 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.
Resolution #11-03-23-01 Conditions of Approval
ZV 11-002 Page 2 of 4
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. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. 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.
8. 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.
9. 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.
10. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
2.1 Applicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building and Safety Division for review and approval,
and shall comply with the latest City -adopted edition of the applicable building
codes. (B&S)
2.2 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Division for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the. Development Services
Commission, Design Review Committee, and/or Development Services Director
(as applicable). Plans shall address the following: (DSD)
a. The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
Resolution #11-03-23-01 Conditions of Approval
ZV 11-002 Pape 3 of 4
b. Location and method of screening for all roof -mounted and building -
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating units,
utility boxes, and backflow devices. All equipment shall be screened from
public view and designed to be an integral component of the building
design. All roof -mounted equipment shall be screened from view by
parapet walls or other architectural means. The applicant shall
demonstrate to the satisfaction of the City Planner that no roof -mounted
equipment will be visible from the public right-of-way. Screening shall be
compatible with main structures and include landscaping where
appropriate.
C. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached.
d. Location of all building -mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
a. Show the location and method of screening for all ground -mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment shall
be screened from public view. Screening shall be compatible with main
structures and include landscaping where appropriate. (DSD)
e. Show the location and method of operation of any vehicle restricting
gates on the site plan. The gates shall be subject to the approval of the
City Engineer and the Fire Department. Where gates are used, a portion
of the guest spaces shall be accessible without passing through a
security entrance. (ENG/PLN)
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
3.1 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site. The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW -ENG)
3.2 Construction hours. Construction hours shall be limited to 7:00 a.m. to 6:30:00
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.(DSD)
3.3 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
Resolution #11-03-23-01 Conditions of Approval
ZV 11-002 Pape 4 of 4
5.1 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
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ApplicanY Signature
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Applicant's name/title (print)
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