PC Resolution-06-07-11-01PC RESOLUTION NO. 06-07-11-1
ZONE VARIANCE (ZV) 06-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A ZONE VARIANCE TO ALLOW
AN INCREASED 2nd to 1St FLOOR AREA RATIO FROM 75% TO 89.89%
AND TO EXCEED THE HEIGHT LIMIT OF 35'-0" AND ALLOW 'A
MAXIMUM HEIGHT LIMIT OF 39'-0" IN ORDER TO MAKE ADDITIONS
AND INCREASE THE OVERALL SQUARE FOOTAGE OF THE
RESIDENCE LOCATED AT 30621 STEEPLECHASE DR. FROM 4,563 S.F.
TO 7,201 S.F. AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 650-391-05 (BRYNJOLFSSON).
WHEREAS, Mr. John Brynjolfsson requests approval of a variance to Section 9-
3.301 (Residential Development Standards) to allow an increase in second floor to first floor area
ratio of 14.89%, and a height deviation to allow a maximum height of 39'-0" where 35-0" is the
maximum height allowed and established within Specific Plan 77-01, for a single family
residence located at 30621 Steeplechase Dr. (Tract 6305, Lot 105, and Assessor Parcel
Number 650-391-05) The proposed project site is General Plan designated as (VLD, 0 to 1:0
DUs/Acre), Very Low Density and classified as (RSE-40,000) Single Family Residential Estate -
40,000 on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project as
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), issued a Class 5
(a), (Minor Alterations in Land Use Limitations) categorical exemption, and caused a Notice of
Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
June 27, 2006 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony
on the proposed project, closed the public hearing, and continued the item to the meeting of July
11, 2006 for final adoption of a resolution approving the variances.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Juan Capistrano does hereby make the following findings with respect to the
proposed zone variance to deviate from second floor to first floor area ratios and to allow a
maximum building height of 39' -0" -
There are special circumstances that are applicable to the property in regards to the
location and surroundings. The topography of the rear portion of the property is steep
and slopes" downward away from the residence. The adjacent parcels have similar
conditions and have accommodated a number of design alternatives to accommodate
sloped building sites. The proposed increase in the 2nd to 1St floor area ratio standard
and maximum height of 39'-0" would not adversely impact adjacent property owners
because the massing would only be seen from the rear yard which slopes downward
toward undeveloped designated City open space. The proposed building height of 39
PC Resolution 06-07-11-1 2 July 11 2006
feet will not adversely impact views because the front building elevation has been
redesigned to enhance the aesthetic appearance of the house. Strict application of
Section 9-3.301 and Specific Plan 77-01 would deprive the applicant of privileges
enjoyed by other properties within the surrounding development by not allowing the
residence to make additions to the existing structure consistent with the original intent of
the development of large custom estate type homes.
2. Approval of Zone Variance 06-02, subject to conditions would not constitute the granting
of a special privilege because other dwellings in the same development have been
allowed to maximize building area, and the proposed additions are consistent with the
development pattern in the neighborhood.
3. Except for the increased 2nd to 1St floor area ratio by 14.89%, and maximum building
height of 39'-0" for the 2,648 square feet of addition, which would be allowed by the
variance, this action will not result in any inconsistency with the provisions of Title 9 of
the Municipal Code.
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 as Very Low Density residential (VLD 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission 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; Wednesday, July 26, 2006. 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 11th day of July, 2006, by the
following vote, to wit:
AYES: Chairman Cardoza, Commissioners Neely, and Drey
NOES: Commissioners Cohen, and Ratcliffe
ABSTAIN: None
ABSENT: None
Bob Car oza, Chairman
Molly Bogh, Secretary
These conditions of approval apply to Zone Variance (ZV) 06-02 consideration of a Zone
Variance to allow an increase in second floor to first floor area ratio of 14.89%, for a total
F.A.R. of 89.89% where the code maximum is 75%, and to allow a height deviation of 4'-0",
for a maximum height of 39'-0", where 35'-0" is the maximum height allowed and
established within Specific Plan 77-01, for a single family residence located within the
Single Family Residential Estate -40,000 (RSE-40,000) zone district. 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 06-02 is granted to remodel and construct approximately 2,648 square
feet of building addition to the existing residence on property located at 30621
Steeplechase Dr. (Tract 6305, Lot 105, and Assessor Parcel Number 650-
391-05) This approval is granted based on the application materials
submitted by Mr. Brynjolfsson on February 23, 2006, including site plan, and
elevations. 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
Planning Commission's approval and shall expire July 11, 2008 (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.
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.
RESOLUTION #: 06-07-11-1
Exhibit A
CONDITIONS OF APPROVAL
Project #: ZV 06-02
Project Name: Brynjolfsson Residence
APPROVAL DATE:
July 11, 2006
EFFECTIVE DATE:
July 26, 2006
EXPIRATION DATE:
July 11, 2008
These conditions of approval apply to Zone Variance (ZV) 06-02 consideration of a Zone
Variance to allow an increase in second floor to first floor area ratio of 14.89%, for a total
F.A.R. of 89.89% where the code maximum is 75%, and to allow a height deviation of 4'-0",
for a maximum height of 39'-0", where 35'-0" is the maximum height allowed and
established within Specific Plan 77-01, for a single family residence located within the
Single Family Residential Estate -40,000 (RSE-40,000) zone district. 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 06-02 is granted to remodel and construct approximately 2,648 square
feet of building addition to the existing residence on property located at 30621
Steeplechase Dr. (Tract 6305, Lot 105, and Assessor Parcel Number 650-
391-05) This approval is granted based on the application materials
submitted by Mr. Brynjolfsson on February 23, 2006, including site plan, and
elevations. 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
Planning Commission's approval and shall expire July 11, 2008 (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.
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.
Planning Commission Resolution 06-07-11-1 Final Conditions of Approval
ZV 06-02 Date: July 11, 2006
Page 2 of 3
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
with OCFA requirements." Please contact the OCFA at (714) 573-6100 for a
Planning Commission Resolution 06-07-11-1 Final Conditions of Approval
ZV 06-02 Date: July 11, 2006
Page 3 of 3
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.
13. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans, and
elevations. (PLN)
14. Final Planning Inspection. A minimum of one week prior to final inspection by
the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
Date of Approval: July 11, 2006
Resolution No
Effective Date
06-07-11-1
July 26, 2006
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