ZA Resolution-03-04-16-01ZA RESOLUTION NO. 03-04-1 6-01
ZONE VARIANCE 03-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW THE
CONSTRUCTION OF 5'4" HIGH MASONRY WALL AND AW-0" HIGH FENCE
WITHIN PORTIONS OF THE FRONT YARD SETBACK OF AN EXISTING LOT
MINIMUM) LOCATED AT 2691 1 WINDSOR DRIVE AND MORE PRECISELY
(PFLUEGER)
IN THE RSE-40,000 (RESIDENTIAL SINGLE-FAMILY ESTATE40,OOO SF LOT
REFERRED TO AS ASSESSORS PARCEL NUMBER 650-481-13
Whereas, Russell 81 Rebecca Pflueger request approval of a zone variance to
Section 9-3.51 7(c)(2) Development Standards of the Land Use Code, to allow a solid 5'4" high masonry wall, where the Municipal Code establishes a maximum height of 3'-0" in the required
front yard; and to allow a 6-0" high tube-steel fence where the Municipal Code establishes a maximum height of 5-0" in the required front yard. The project site is located at 2691 1 Windsor
Drive, and is referred to as Assessors Parcel Number 650-481 -1 3. The property is zoned 'RSE- 40,000" (residential single-family estate40,OOO s.f. lot minimum) and General Plan-designated as 'VLD-Very Low Density Residential"; 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), issued a Class 1 categorical
exemption, caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines and otherwise complied with all applicable provisions of the California Environmental
Quality Act (CEQA); and,
Whereas, Zoning Administrator conducted a duly noticed public hearing on April
16,2003 pursuant to Section 9-2.31 3 of the Municipal Code to consider public testimony on the
proposed project.
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 with respect to the setbacks, topography, and shape of the lot because strict application of the development standards would create additional grading and retaining walls. Also, the existing site topography
exhibits a five foot (5-0") upslope from the adjoining street level to the finished elevation
of the motor court. Finally, the irregular shape of the lot has required that the house and
motor court are sited relatively close to the adjoining street.
2. The granting of this variance would not constitute a special privilege to he extent that other adjacent properties in the area have been developed with solid walls and fences
along the frontage of their properties; and the Home Owner's Association Architectural
Committee has approved the proposed wall and fence.
ZA Resolution 03-4-16-1 2 A~ril16.2003
3. Except for the proposed wall and fence for which the variance are requested, the project would not result in any inconsistency with the provisions of Title 9, Land Use Code or the
provisions 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 because the General Plan
designates the property "VLD" (Very Low Density Residential 0-1.0 du/ac), and the proposed project will maintain the existing single family use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to the following conditions of approval:
1. Prior to grading or building permit issuance, the Zoning Administrator or his designee shall determine that the grading and/or building permit plans are in substantial
compliance with the Zoning Administrator-approved site plan and architectural plans prepared by James Pekarske, Landscape Architect and dated January 4, 2003 as follows:
a. Wall and fence construction along the frontage of the property shall be
substantially consistent with the Zoning Administrator-approved site and construction plans (i.e., plan sheets CP-1 and CD-1).
b. Landscaping within the required front yard shall be installed and maintained in substantial compliance with the Zoning Administrator-approved landscape plan
(i.e., plan sheet PP-1)
2. Prior to construction, the applicant shall secure all required grading and/or building
permits for construction of the proposed wall and fence consistent with the 1999 Uniform Building Code (UBC) and the applicable standards of the Engineering & Building Department.
3. Prior to grading or building permit issuance, the project shall provide written evidence of having secured Home Owner's Association Architectural Committee approval of the proposed project plans.
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 pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen (1 5) day appeal
period shall expire at 500 p.m. on Thursday, May 1,2003. This project approval shall be valid
for a period of two years from the date of approval of this resolution. This approval shall expire on April 16,2005 unless a time extension request has been submitted to the City; or, a building- grading permit application has been submitted to the City prior to the approval expiration date.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2003:
zv0302pflueger-ZA-res03-4-16-1 .wpd L
Wiliam A. Ramsey, AICP, Zonin Wflliam A. Ramsey, AICP, Zoningpdmifistrator