ZA Resolution-15-12-16-01ZA RESOLUTION NO.15-12-16-01
ZONE VARIANCE <ZV)15-004
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 12'-
0"ENCROACHMENT INTO THE REQUIRED 30'-0"FRONT YARD
SETBACK FOR A NEW ENTRY PORCH AT AN EXISTING RESIDENCE
LOCATED AT 31512 PASEO CHRISTINA ASSESSOR PARCEL
NUMBER (APN)124-671-12 (PACE RESIDENCE)
Whereas,property owners, Frankand Constance Pace, request approval of
a zone variance to allow a 12'-0"encroachment into the required 30'-0"front yard
setback for a new entry porch at an existing residence located at 31512 Paseo
Christina;and
Whereas, the property is General Plan-designated "Very Low Density"
and is designated "RSE-40,000"on the Official Zoning Map.
Whereas,the proposed project has been processed pursuant to Section
9-2.301,General Review Procedures procedures ofthe 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)ofthe
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 December 16,2015 pursuant to Section 9-2.351 of the Municipal Code to
consider public testimony on the proposed project and has considered ail relevant
public comments;and,
NOW,THEREFORE,BE IT RESOLVED,that the Zoning Administrator
of the Cityof 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 36% (5 out of 14)
of the properties in the area are developed with an encroachment into the front
yard setback.Further,the setback is measured from the edge of the 50-foot wide
private road easement;however,the road improvements are substantially less
than the 50-foot easement,thereby establishing actual front yards that would be
much deeper than the required 30-feet.The project will maintain a 30'-0"setback
from the edge of the actual road improvements, which is consistent with the
required yard area for the front of properties within the district.
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 significant amount (36%) of
lots in this area are already developed with an encroachment into the front yard
setback.Furthermore,the neighborhood features custom homes with
significantly varied setbacks,providing an eclectic streetscape,and the project
will maintain a 30'-0"setback from the edge of the road improvements.
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-
40,000 Zone District other than the variance proposed,as well as all provisions
of the General Plan, including the Very Low Density designation.
4. Granting of the variance would not be materially detrimental to 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 becuase the improvements
will still maintain a 30'-0"setback from the edge of the private street
improvements, 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 Monday,January 4,2015.
This project approval shall be valid for a period of one year from the date of approval of
this resolution and shall expire on December 16,2016,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 16th dayof December,2015.
Charles View,Zoning Administrator
EXHIBIT "A"
Z.A.RESOLUTION #15-12-16-01
CONDITIONS OF APPROVAL
PROJECT LOG #:ZV 15-004
PROJECT NAME:PACE RESIDENCE
APPROVAL DATE:December 16,2015
Zone Variance (ZV)15-004 is approved subjectto compliance,to the reasonable satisfaction of
the DevelopmentServices Department,with allapplicablesections of the San Juan Capistrano
Municipal Code,the California Administrative Code,the California Building Standards Codeand
all other applicable regulations.
The applicant must comply in full with each and every condition listed below prior to exercising
the rights conferred by Architectural Control approval.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.
The property ownerrequests approval ofa Zone Variance to encroach 12-feet into the required
30-foot front yard setback. The setback encroachment is for a new entry porch of an existing
residence located at 31512 Paseo Christina, APN:124-671-12.This project approval is based
on and subject to the application materials prepared by Frank and Constance Pace, dated
September 23,2015,October6,2015,and plans submitted on October 19,2015,including site
plan(s),floor plan(s),elevation(s), projectdescriptionand 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 bythe 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.
General Conditions:
1.1 The applicant and its heirs,successors, and assigns shalldefend,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 ofSan
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 Development Services
Director.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.