ZA Resolution-16-11-30-01ZA RESOLUTION NO. 16-11-30-01
ZONE VARIANCE (ZV) 16-006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A
27.8% LOT COVERAGE RATIO, ALLOW A TWENTY-ONE (21'-0")
FRONT YARD SETBACK, A SEVEN-FOOT SIX-INCH (7'-6") SIDE YARD
SETBACK FOR THE NORTHERN PROPERTY LINE, AND A EIGHTEEN-
FOOT (18'-0") REAR YARD SETBACK RELATED TO A PROPOSED
SINGLE FAMILY RESIDENCE AT 27822 HORSESHOE BEND,
ASSESSOR PARCEL NUMBER (APN) 650-222-03 (SAMADI
RESIDENCE)
Whereas, property owners Saeid Samadi and Mehrnaz Samadi request
approval of a zone variance to allow a total27.8% lot coverage where 25% is permitted for
a proposed single family residence on an existing 12,885 square foot lot located at 27822
Horseshoe Bend (the "Property"); and
Whereas, Property owners Saeid Samadi and Mehrnaz Samadi request
approval of a zone variance to allow a twenty-one foot (21'-0") front yard setback where
a thirty-foot (30'-0") setback is required, a seven-foot six-inch (7'-6") side yard setback
for the northern property line, where a ten foot (1 0'-0") setback is required, a eighteen
foot (18'-0") rear yard setback where a twenty-five foot (25'-0") setback is permitted at
the Property; and
Whereas, the Property is General Plan designated "Very Low Density"
and is designated "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 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 3 categorical exemption, and will cause
the Notice of Exemption to be posted pursuant to Section 15061(d) of the CEQA
Guidelines; and,
Whereas, the Zoning Administrator conducted a duly noticed public
hearing on November 30, 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:
Section 1. CEQA. The project is Categorically Exempt from further review
pursuant to State CEQA Guidelines sections 15303 ("New Construction of Small
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Structures"), because the project will result in the development of only one single-
family residence in accordance with the City's Very Low Density residential land use
designation for the Property.
Section 2. Zone Variance 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. The subject property is
currently legal non-conforming with respect to minimum lot area and minimum
street frontage requirements. The property is 12,885 square feet whereas the
district minimum is 20,000 square feet, and the property has a narrower street
frontage than other lots on the street, being 78.28', when the district requires 90'-
0". Although the district does not have a minimum lot depth, the property does
have a shallower northerly lot line, being 98.25' which constrains the
development, when compared to the surrounding properties which have a
minimum lot depth of 110'-0".
2. Granting of the variance 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 number of the lots in this
area are already developed with similar lot coverage ratios and setbacks.
Furthermore, the property is the only the undeveloped buildable lot remaining on
Horseshoe Bend. The applicant seeks approval of a lot coverage ratio and
setbacks which would provide for comparable development to neighboring
properties, given the other lots on Horseshoe Bend were developed prior to the
zone change in 2002, which accommodated the prior Single-Family (RS) zone
requirements of 20'-0" front yard setbacks, 1 0'-0" side yard setbacks, and 25'-0"
rear yard setbacks. The zone change to RSE-20,000 in 2002 further constrained
any development on the site, resulting in approval of zone variances (ZV 12-004,
ZV 12-005, & ZV 14-001), allowing an increased lot coverage ratio of 32.8%, a
20'-0" front yard setback, 5' northern side yard setback, and 20'-0" rear yard
setback. The granting of Zone Variance 16-006 will not constitute a grant of
special privileges; rather, it will allow the property to maintain comparable
setbacks and a lot coverage ratio to those permitted for other properties in the
vicinity and zone district, and allow for development that is in scale with
neighboring properties.
3. Granting of the variance 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 RSE-
20,000 Zone District other than the variance proposed, as well as all provisions
of the General Plan, including the Very Low Density designation.
4. Granting the variance will not be materially detrimental to the public health,
safety, or welfare, or injurious to the properties or improvements in the vicinity
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and land use district in which the property is located as the proposed setbacks
requested take into consideration the neighboring properties and attempt to
mitigate any potential impacts by allowing for development closer to the northern
property line. This action will encourage development away from the southern
property line, and the neighboring dwelling unit, and allow for the minimum 1 0'-0"
side yard setback to be provided along the southerly property line
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 16-006 subject to those conditions
contained in Exhibit "A," attached hereto and incorporated herein by reference.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
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, December 15,
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 November 30, 2017, unless a time
extension request has been submitted to the City or a building/grading permit
application has been submitted and issued by the City.
PASSED, APPROVED AND ADOPTED this 30 1h day of November, 2016.
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