ZA Resolution-16-03-17-01ZA RESOLUTION NO. 16-03-17-01
ZONE VARIANCE (ZV)16-001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW AN
ENCROACHMENT OF A SECOND STORY DECK INTO THE EXISTING
REAR YARD SETBACK WHERE THE REQUIRED DISTRICT SETBACK
IS 20'-0" AT AN EXISTING RESIDENCE LOCATED AT 27742 PASEO
BARONA ASSESSOR PARCEL NUMBER (APN) 666-192-15 (CARDOZA
RESIDENCE)
Whereas, property owners, Robert and Marie Cardoza, request approval of
a zone variance to allow an encroachment into the required 20'-0" rear yard setback
for a new second story deck at an existing residence located at 27742 Paseo Barona;
and,
Whereas, the property is General Plan -designated "Medium Density" and
is designated "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 procedures of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and
determined that the project qualifies for a Class 1 and Class 5 categorical exemption,
and will cause the Notice of Exemption to be posted pursuant to Section 15061(d) of the
CEQA Guidelines which provides that "the notice shall not be filed with OPR or the
county clerk until the project has been approved;" and,
Whereas, the Zoning Administrator conducted a duly noticed public
hearing on March 17, 2016 pursuant to Section 9-2.351 of the Municipal Code to
consider public testimony on the proposed project and has considered all relevant
public comments; and,
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator
of the City of San Juan Capistrano does hereby make the following findings:
1. There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, such that the strict application of
this Code would deprive such property of privileges enjoyed by other properties
in the vicinity and under identical zoning classification because Tract 7673 was
approved in 1979 with 7,000 and 10,000 square foot lots; where the zoning was
"RS" (10,000 square foot minimum lot size); and where several lots including the
subject lot were developed as 7,000 square foot lots with reduced rear yard
setbacks - less than the required 20 feet; and where 4 lots received approvals for
variances to allow encroachments into the side and rear yard areas. Further, the
subject lot is located along a 150 wide SDG&E powerline right-of-way which is an
open space area that does not contain structures; that contains several lots with
decks that extend into the 20 foot rear yard setback. The project will maintain the
existing side yard setbacks.
2. Granting of the variance or minor exception will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity
and zone district in which such property is situated because a significant amount
of the lots in this area are already developed with an encroachment into the rear
yard setback. Furthermore, several parcels within the RS -7,000 district were
developed with deep rear yards and the homes were constructed with decks that
do not encroach into the setback.
3. Granting of the variance or minor exception will not result in development which
is otherwise inconsistent with the provisions of the Land Use Code or the
General Plan because the project will meet all applicable development standards
for the RS -7,000 Zone District other than the variance proposed, as well as all
provisions of the General Plan, including the Medium Density designation.
4. Granting the variance or minor exception will not be materially detrimental to the
public health, safety, or welfare, or injurious to the properties or improvements in
the vicinity and land use district in which the property is located because the
improvements will still maintain the existing side yard setbacks, the proposed
deck is located at the rear of the property and the encroachment will not reduce
the 'openness" between the residence and the adjacent properties; furthermore,
the nearest property beyond the rear yard is located 150 feet south, resulting in
development that will not have any negative impacts on surrounding properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves the project subject to those conditions contained in
Exhibit A attached hereto and incorporated herein the project.
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, April 1, 2016. This
project approval shall be valid for a period of one year from the date of approval of this
resolution and shall expire on March 17, 2018, 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 17" day of March, 2016.
Charles View, Zoning Administrator