ZA Resolution-12-12-19-01ZA RESOLUTION NO. 12-12-19-01
ZONE VARIANCE (ZV) 12-007, MCINNIS RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW AN INCREASE
IN THE MAXIMUM LOT COVERAGE FROM 3,845 SQUARE FEET (25% LOT
COVERAGE) TO 4,564 SQUARE FEET (29.6% LOT COVERAGE) FOR A
FUTURE SINGLE FAMILY RESIDENCE ON A VACANT 15,380 SQUARE
FOOT BUILDABLE RESIDENTIAL LOT LOCATED AT 31632 PASEO RITA
AND MORE PRECISELY REFFERED TO ASSESSOR PARCEL NUMBER 649-
061-13.
Whereas, James and Robin McInnis request approval of a zone variance to allow
an increase in the maximum buildable lot coverage from 3,845 square feet (25% lot coverage)
to 4,564 square feet (29.6% lot coverage) on a vacant 15,380 square foot buildable residential
lot located at 31632 Paseo Rita owned by Robert K. Evinger and under purchase contract to the
applicants. The project site is General Plan -designated 2.1 Low Density Residential and
classified as RSE-20,000 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 a duly -noticed public hearing on
December 19, 2012 pursuant to Section 9-2.302 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:
There are special circumstances applicable to the property because a 4,867 square foot
slope easement runs along the northwestern portion of the property, limiting the
buildable area to 15,380 square feet which is well under the minimum lot size for the
RSE-20,000 zone district. The slope easement also creates a triangular shaped
buildable lot which differs from the rectangular lots that six of the eight properties on
Paseo Rita provide; and,
2. The granting of the variance would not constitute a granting of special privileges
because properties in the immediate vicinity and under identical zoning have an average
maximum building footprint of approximately 4,653.4 square feet The adjacent vacant lot
to the south is similarly limited to development by the slope easement, therefore the
granting a variance would not cause a severe negative impact on the properties in the
immediate area of this project. Furthermore, three zone variances were applied for in
the past along Paseo Rita and two of the three proposed zone variances were denied
ZA Resolution 1
December 19. 201
and both were for a reduction of the front yard setback from 32' to 20'. The zone
variance that was approved was for an encroachment into the required 30' front yard
setback by 5'-6". This front yard setback encroachment was later extended by a land use
adjustment to a total of 6-0". No zone variances involving a lot coverage ratio are on file;
and,
3. The property has a legally non -conforming street frontage of 58' which does not satisfy
the minimum of 90' set forth in the municipal code. The variance would not otherwise be
inconsistent with the provisions of Title 9 because this project would not result in any
inconsistency with the provisions of Title 9 of the Municipal Code; and,
4. 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 for 2.1 Low Density Residential use, and the proposed project will maintain a
single family use and will not increase the density on the property. Furthermore, the
project will be compatible with the surrounding area and will retain the neighborhood's
character and architectural style; and,
5. The conceptual design for the planned residence proposes a single -story design which
will minimize visual impacts to the streetscape and surrounding properties because the
building massing will be minimized and the proposed architectural design will be
consistent with the development character of the neighborhood.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves an increase in the maximum buildable lot coverage from 3,845
square feet (25% lot coverage) to 4,564 square feet (29.6% lot coverage) on a vacant 15,380
square foot buildable residential lot located at 31632 Paseo Rita 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 Tuesday, January 3, 2013. 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
December 19, 2013 unless a time extension request has been submitted to the City prior to the
expiration date.
PASSED, APPROVED AND ADOPTED this 19th day of December, 2012.
ftljiarn Ramsey, AICP, Assistant De vel m nt Services Director
Zoning Administrator
EXHIBIT A
RESOLUTION # 12-12-19-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Zone Variance (ZV) 12-007
PROJECT NAME: McInnis Residence
APPROVAL DATE: December 19, 2012
EFFECTIVE DATE: January 3, 2013
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:
The subject project proposes an increase in the maximum buildable lot coverage from
3,845 square feet (25% lot coverage) to 4,564 square feet (29.6% lot coverage) on a
vacant 15,380 square foot buildable residential lot located at 31632 Paseo Rita. This
project approval is based on and subject to the application materials prepared by
Gene Kiyotoki including site plan(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 #12-12-19-01
ZV 12-007 _._. of 4 Condition o�ux!
_ 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. 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.
10. 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)
_ 11. If construction or use of property authorized by this variance has not been
commenced within one (1) year of approval, then the variance shall be rendered null
and void. Where circumstances warrant, the reviewing authority may grant an
extension of time for a period not to exceed 12 additional months.
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
12. 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)
13. 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 #12-12-19-01
JV 72-007
3 of 4 Conditions ofAnnrovaf
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:
14. 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)
15. 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)
16. 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)
17. Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
Resolution #12-12-19-01
IV 12-007 4 of 4 _ Conditions of Approve
The following ongoing conditions shall be complied with at all times after completion of
the project.
_ 18. 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:
(Ap p 11 nt Signature
e ^ ,S
Applicant's name/title (print)
Date
above for use by County Clerk -Recorder's Office only)
J� NOTICE OF EXEMPTION
From: Community Development Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
1. APPLICANT: James and Robin McInnis
2. ADDRESS: 31832 Paseo Alto Plano, San Juan Capistrano, CA 92675
3. LEAD AGENCY: City of San Juan Capistrano, 32400 Paseo Adelanto, SJC, CA, 92675
4. PROJECT MGR.: Joe Aguirre, Planning Intern
5. PHONE NUMBER: (949) 443-6331
6. PROJECT TITLE: ZV12-007
7. PROJECT LOCATION: 31632 Paseo Rita, SJC, CA, 92675 (APN: 649-061-13)
8. DESCRIPTION: A variance allowing an increase in the maximum buildable lot coverage
from 3,845 square feet (25% lot coverage) to 4,564 square feet (29.6% lot coverage) on
a vacant 15,380 square foot buildable residential lot for a future single family residence
located at 31632 Paseo Rita.
ADMINISTRATIVE DETERMINATION: Community Development Department staff has
completed a preliminary review of this project in accordance with the City of San Juan
Capistrano's Environmental Review Guidelines and with Section 15061 of the California
Environmental Quality Act (CEQA) Guidelines. Based on that review, the Environmental
Administrator finds that the proposed project qualifies for a Class 3 catagorical exemption
pursuant to Section 15303(a) New Construction or Conversion of Small Structures. Therefore,
the Environmental Administrator has determined that further environmental evaluation is not
required because:
[ ] The project is not subject to CEQA because it "does not involve the exercise of
discretionary power," or "will not result in a direct or reasonably foreseeable indirect
physical change in the environment," or, "is not a project as defined in Section 15378 of
the CEQA guidelines." (Sections 15060(c)(1), (2) & (3)); or,
[ ] "The activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA" (Section
15061(b)(3)); or,
[ ] The project is statutorily exempt, Section (Sections 15260-15277); or,
[x] The project is categorically exempt, Class 3 , New Construction or Conversion of Small
Structures [Section 15303(a)].
�w a
A. Ramsey, AICP,`rnvironmentaVAdoinistrator
cc: [X] Project file
[X] CEQA file
ATTACHMENT 2