ZA Resolution-03-06-11-01.-
ZA RESOLUTION NO. 0306-1 1-01
ZONE VARIANCE EV) 0303
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
SIX FEET (26'10'') INTO THE FRONT YARD SETBACK, WHEREAS TITLE
9 REQUIRES A MINIMUM THIRTY FOOT (30'4") FRONT YARD SETBACK
S.F. LOT MINIMUM) DISTRICT LOCATED AT 31 501 PASEO CHRISTINA
AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL
EXEMPTION AND APPROVING AVARIANCE TO ENCROACH TWENTY-
IN THE "RSE-40,OOO" (RESIDENTIAL SINGLE-FAMILY ESTATE40,OOO
NUMBER 124-6671 -1 5 (AGOSTINI).
WHEREAS, the applicant requests a variance to Section 9-3.301,
Development Standards of the Land Use Code to allow a two-car garage with a twenty-six
foot (26'-0'') encroachment and a guest house with an eleven foot (1 1'-0'') encroachment
into the required thirty foot (301-0'') front yard setback to allow construction of the proposed
3,250 square feet structure which includes a tackktorage room, guest house, two-car
attached garage, and office. The project site is located at 31501 Paseo Christina, is
General Plandesignated "VLD" (Very Low Density Residential 0-1 .O du/ac) and classified
as "RSE40,OOO" (residential single-family estate-40,000 s.f. lot minimum) on the Official
Zoning Map; and, -
WHEREAS, the proposed project has been processed pursuant to Section
9-2.405, 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), issued a
Class 5, (Minor AIterafions in Land Use Limitations) categorical exemption, and caused a
Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
WHEREAS, the Zoning Administrator has conducted a duly noticed public
hearing on June 1 1, 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 thezoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1. There are special circumstances that are applicable to the property in regards to the
existing contours, and the existing thirty-seven foot, five inch (37'-5'') wide private
road easement for egress and ingress located along the frontage of the property.
Due to the existence of the easement, the required thirty foot (30'-0") setback for the
proposed project needs to be measured from the interior part of the easement and
not from the property line.
ZA Resolution 03-06-1 1-01 2 June 11,20003
Given the existence of the slope along the interior of the property and the existing
easement along the frontage of the property, strict application of the Municipal Code
would deprive the applicant of privileges enjoyed by adjacent neighbors within the
private gated community.
2.
3.
4.
The granting of this variance will not constitute a grant of special privileges, in that
there are other existing structures and dwelling units that are partially and if not
entirely established within what is currently considered the front yard setback. It
should also be noted that the Zoning Codes that were applied to the original
development of the tract were different, since once again there are existing
structures and two dwelling units that are almost completely constructed, within the
currently established front yard setback.
Except for the encroachment into the front yard setback, which would be allowed
by the variance, this project would not result in any inconsistency with the provisions
of Title 9 of the Municipal Code.
The granting of this variance will not result in a development which is inconsistent
with the goals, policies, and objectives of the General Plan. The General Plan
designates the property “VLD” (Very Low Density Residential 0 -1 .O du/ac)
residential use, and the proposed project will maintain a single family use that does
not increase the density. Furthermore, the project will be compatible with the
surrounding areas and will retain the neighborhood’s character and style.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the issuance of Zone
Variance 03-03, subject to the following conditions of approval:
Conditions of APDroval
1. The applicant shall ensure that the proposed project be consistent with the
architectural design standards established throughout the surrounding
developments.
2. The applicant shall secure all applicable building permits for construction of the
proposed additions as required by the Building Official.
3.
4.
The applicant’s building permit plans shall be in substantial compliance with the
zone variance exhibits, subject to review and approval by the Zoning Administrator.
Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply with all
construction activities which includes the delivery and/or recovery of materials,
supplies or construction equipment shall be conducted in accordance with the
prescribed hours of operation.
Monday through Friday
Sat u rd a y
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
ZA Resolution 03-06-1 1-01 3 June 11,2003
Construction activity is prohibited on Sundavs and on any federal holiday unless
waived by the Building Official.
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EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m; Thursday, June 26,
2003. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, on June 11, 2005, unless a time extension request or
building/grading permit application related to this discretionary approval is submitted to the
City prior to that date.
PASSED, APPROVED AND ADOPTED this 11 th day of June, 2003, by the
following vote, to wit:
~~€1303-ZA-resO3-6-I 1-1 .wpd
(&iBL4L4m2.
Wifliam A. Ramsey, AICP,