ZA Resolution-15-07-22-01ZA RESOLUTION NO. 15-07-22-01
ZONE VARIANCE (ZV)15-002, DOLKAS RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A VARIANCE TO
ALLOW A 4'-6" ENCROACHMENT INTO THE REQUIRED 10'-0" SIDE
YARD SETBACK AND A 4'-5" ENCROACHMENT INTO THE REQUIRED
20'-0" FRONT YARD SETBACK FOR AN ADDITION TO A RESIDENTIAL
DWELLING UNIT AT 30311 MARBELLA VISTA AND MORE PRECISELY
REFERRED TO AS ASSESSOR PARCEL NUMBER (APN) 650-604-13
(DOLKAS RESIDENCE SETBACK VARIANCE)
Whereas, property owner Peter and Mary Dolkas, requests approval of a
zone variance to allow a five foot six inch (5'-6") side yard setback for the western side
property line, where a ten foot (10'-0") side yard setback is permitted, a fifteen foot
seven inc (15'-7") front yard setback where a twenty foot (20'-0") front yard setback is
permitted for a proposed garage and patio attached to an existing residential dwelling unit
on the existing 9,270 square foot lot; and
Whereas, the property is General Plan designated "2.3 -Medium Density
Residential (3.5-5.0 du/acre)" and is designated "Planned Community (CDP 86-04)" on
the Official Zoning Map.
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Zoning Administrator 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
issued a categorical exemption and caused a Notice of Exemption to be posted
pursuant to the City's Environmental Review 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 July 22, 2015 pursuant to Section 9-2.335 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 the property is an
irregular pie -shaped lot, is generally smaller than the lots in the immediate
vicinity, and the orientation of the residence, and topography of the site limits the
developable area to the southwest corner of the lot.
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 the majority of the lots located
along Marbella Vista are larger, rectangular, do not have the irregular
configurations, and do not have the challenge imposed by the placement of the
residence at the front of the property, limiting the possibility of development
within the development standards. Furthermore, eighty-six percent of the
residences in the immediate vicinity have three car garages, and thirty-six
percent have more than a three gar garage creating inconsistent development
patterns for the residents within the same zoning district.
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
Marbella Golf Course Planned Community (CDP 86-04) Zone District other than
the variation proposed.
4. 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 and any future
structure would maintain all other development requirements for a single-family
residence in the Marbella Golf Course Planned Community (CDP 86-04) Zone
District. The proposed changes requested take into consideration the
neighboring properties and attempt to mitigate any potential impacts by adding
landscaping which will buffer adverse noise or light.
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 Thursday, August 6, 2015.
This project approval shall be valid for a period of one year from the date of approval of
this resolution and shall expire on July 22, 2016, 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.
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PASSED, APPROVED AND ADOPTED this 22"d day of July, 2015.
lklo�
Sergio KloMwAICP, Zoning Administrator
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Exhibit A
RESOLUTION M 15-07-22-01
CONDITIONS OF APPROVAL
E..
Project #: ZV 15-002 Project Name: Dolkas Residence
APPROVAL DATE: July 22, 2015 r 2015
DEVELOPI� : , SERVICES
EFFECTIVE DATE: August 6, 2015
EXPIRATION DATE: July 22, 2016
These conditions of approval apply to Zone Variance 15-002, Dolkas Residence, to
allow a 4'-6" encroachment into the required 10'-0" side yard setback and a 4'-5"
encroachment into the required 20'-0" front yard setback, as established by the Marbella
Golf Club Planned Community, Comprehensive Development Plan 86-04 Fairway
Residential Development Standards, to develop a new two car garage and patio on an
existing 9,270 square foot parcel at 30311 Marbella Vista, APN: 650-604-13.
General Conditions:
A. 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, landscape/irrigation plans, lighting plans, and elevations. If
all improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of the
improvements provided that a bond, cash deposit, or other surety in a form
and substance approved by the City Attorney, is submitted to the City in lieu
of installation of the improvements, that application and required fees are
submitted, and that the incomplete improvements will not create an unsafe
condition on the site. The term of the deferral shall be as determined by the
Development Services Director.
B. 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.
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Zoning Administrator Resolution 15-07-27-01 Final Conditions of Approval
ZV 15-002 Date: July 22, 2015
Page 2 of 2
C. 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.
The following conditions shall be met prior building permit final, as specified
below:
D. Six 15 gallon Pittosporum Tenufolium shrubs shall be planted along the west
property line between the new patio and the neighboring residence.
E. A Tree Removal Permit shall be applied for. and approved, by discretion,_ prior
'to the removal of any trees.
F. A minimum of one week prior to final inspection by the Building and Safety
Division, the applicant shall schedule a final inspection by the Planning
Division, and shall pay any outstanding balance in the Developer Deposit
Account assigned to this application.
G. The applicant shall ensure that all building permit plans are reviewed and
stamped approved by the Home Owners Association discretionary review
board prior to submission for plan check by the City of San Juan Capistrano
Building Department.
Applicant Acceptance of Conditions of Approval:
Applicant Name
Its: t) CVA14�
Title
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Date
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