ZA Resolution-03-07-16-01ZA RESOLUTION NO. 03-07-1 6-01
ZONE VARIANCE (ZV) 0345
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A VARIANCE TO ENCROACH THREE
FEET (3'4'') INTO THE REQUIRED REAR YARD SETBACK, WHERE A
TWENTY FEET (20'-0'') REAR YARD SETBACK IS REQUIRED FOR THE
LOCATED AT 25577 VIA SOLlS AND MORE PRECISELY REFERRED TO
THE SINGLE-FAMILY - 7,000
AS ASSESSORS PARCEL NUMBER 668-201-12. (WALTON)
(RS 7,000) RESIDENTIAL DISTRICT
WHEREAS, The applicants Mr. And Mrs Walton are requesting a variance
to encroach a maximum of three feet (3'"'') into the rear yard setback, where a twenty foot
(201-07 is required by the Municipal Code Section 9-3.301 (c), in order to construct their
proposed project, which would include a 480 square foot garage addition, a 782 square
foot first floor addition, and a 692 square foot addition on the second floor, for a grand total
of 1,954 square feet. The property is located at 25577 Via Solis, which is 981 General
Plan-designated as (MD) Medium Density Residential (3.5 to 5 DU/Acre) and classified as
Single-Family-7,000 (RS 7,000) residential zone district in the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section
L 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 Alterations 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 July 16, 2003 pursuant to Section 9-2.313 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 to the property in relation to the shape of the lot
and location. The 7,303 square feet triangular shape lot is located at the exterior
side of a street knuckle, therefore creating a smaller street frontage as compared
those found at the adjacent properties, and causing any additional residential
development to occur at the rear of the lot. Based upon this condition, a justification
for approval of the variance request does exist. There are also existing buildings in the area that do not conform to the Land Use Code required setbacks for the
Single-Family-7,000 (RS 7,000) residence zone district. Denial of the requested
ZA Resolution 03- 07-16 -01 2 July 16, 2003
2.
3.
4.
L
variance would prevent the applicant from enjoying a privilege enjoyed by other
properties in the vicinity and under the identical zoning classification.
The granting of the variance will not constitute a grant of special privilege in that
during construction of the tract, structures were built within what is currently
consider the rear yard setbacks. In addition the proposed project will maintain the
architectural style identical to the original house design. Furthermore, the proposed
addition to the existing dwelling will only cover 59% of the lot, which complies with
the Land Use Code requirements for Open Space. Therefore, these factors lead to
a determination that this addition would not constitute a special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning.
Except for the reduced rear yard setback which would be allowed by the variance,
this action will not result in any inconsistency with the provisions of Title 9 of the
Municipal Code. The proposed 1,954 square foot residential addition and remodel
would only occupy 59% of the 7,436 square foot lot, and therefore still maintain the
30% open space area as required by 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 for Medium Density 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 pattern of
development, and will retain the neighborhoods 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 03-05, subject to the following conditions of approval:
Conditions of Approval
1. Prior to building/grading permit issuance, the building/grading permit plans shall be
reviewed for conformance with all applicable conditions of approval contained in this
resolution. The building/grading permits shall only be approved if they are
determined to be in substantial conformance with this discretionary approval subject
to review and approval by the Zoning Administrator.
2. The proposed project shall be consistent with the architectural design of the existing
principal structure and with the existing homes within the surrounding neighborhood
subject to review and approval by the Zoning Administrator.
ZA Resolution 03- 07-16 -01 3 July 16, 2003
3. Prior to any construction, the applicant shall secure all required building/grading
permits for construction of the proposed addition as required by the Uniform
Building Code (UBC) and as determined by the Building Official.
4. 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
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundavs and on any federal holiday unless
waived by the Building Official.
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 5:OO p.m; Thursday, July 31,
2003. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, unless a time extension request or buildinglgrading permit
application related to this discretionary approval is submitted to the City prior to that date.
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PASSED, APPROVED AND ADOPTED this 16th day of July, 2003, by the
following vote, to wit:
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