ZA Resolution-03-07-30-01ZA RESOLUTION NO. 03-7-30-1
ZONE VARIANCE (ZV! 03-04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A VARIANCE TO ALLOW A NINETEEN
FEET (19'4'') ENCROACH INTO THE FRONT YARD SETBACK, WHERE
A THIRTY FEET (30"0'') FRONT YARD SETBACK IS REQUIRED FOR
THE PROPERTY LOCATED AT 31631 AGUACATE ROAD, WITHIN THE
SINGLE-FAMILY - 40,000 (RSE 40,000) RESIDENTIAL DISTRICT, AND
MORE PRECISELY REFERRED TO AS A.P.N. 649-31 1-22 (RAMADAN)
WHEREAS, the applicant, Ramadan requests approval of a Zone Variance
to Section 9-3.301, Development Standards of the Land Use Code to allow a Pool Cabana
to encroach nineteen (19"") feet into the required front yard setback, where the Municipal
Code requires a minimum of thirty (30'-0") feet. The proposed project site is located at
31 631 Aguacate Road within the "RSE-40,000" (residential single-family estate40,OOO s.f.
lot minimum) on the Official Zoning Map and is designated "2.0, Very Low Density
Residential-maximum 1 .O du/acre) on the General Plan Land Use Policy 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 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,
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WHEREAS, the Zoning Administrator has conducted a duly noticed public
hearing on July 30, 2003 pursuant to Section 9-2.335 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 its location. The 50,344 square foot flag shape lot that is located behind a
property at 26212 Aguacate Road, in such a way that the only way to access this
property is by an approximate 200 foot long driveway with a width of 20 feet. The
proposed project site does not have an actual street frontage other that the access
driveway, which creates a smaller street frontage as compared those found at the
adjacent properties, due to the irregular shape and location of the lot it causes the
front yard setback to be the most narrow part of the lot, causing the additional
residential development to occur within the required front yard setbacks the lot.
Based upon this condition, a justification for approval of the variance request does
exist.
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ZA Resolution 03-7-30 -1 2 July 30,2003
2. 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 front yard setbacks. In addition the proposed project will maintain the
architectural style identical to the original house design. Therefore, these factors
lead to a determination that this proposed accessory structure would not constitute
a special privilege inconsistent with the limitations on other properties in the vicinity
and under the same zoning.
3. Except for the reduced front 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 accessory structure along with the existing 8,000
square foot residential unit, it would only occupy 15% of the 50,344 square foot lot
as required by 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. The General Plan
designates the property for Very Low 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 hereby approves Zone Variance 03-04 subject to the following conditions of
a p prova I :
1.
2.
3.
4.
Prior to building/grading permit issuance, the building/grading permit plans shall be
reviewed for conformance with the Zoning Administrator-approved preliminary plans
and for compliance with all applicable conditions of approval contained in this
resolution. The building/grading permit plans shall only be approved if they are
determined to be in substantial conformance with this discretionary approval subject
to the review and approval by the Zoning Administrator or his designee.
The proposed project shall be consistent with the architectural design of the existing
principal structure and with existing homes within the surrounding neighborhood
subject to review and approval by the Zoning Administrator.
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.
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.
ZA Resolution 03-7-30 -1 3 July 30,2003
- Monday through Friday 7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m. Saturday
Construction activity is prohibited on Sundavs and on any federal holiday provided
that the Building Official has discretion to allow modifications to these time
limitations.
EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.31 1 of
Title 9, Land Use Code, this project approval shall become effective following expiration
of the fifteen (1 5) day appeal period without filing of a valid appeal application and shall
expire at 500 p.m. on Thursday, August 14,2001. This project approval shall be valid for
a period of two (2) years from the date of approval of this resolution and shall expire on
July 30, 2005 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.
PASSED, APPROVED AND ADOPTED this 30th day of July, 2003, by the
following vote, to wit:
-+q&&& i\ &2, -
aliam A. Ramsey, AICP, Zoning Administrator
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aliam A. Ramsey, AICP, Zoning Administrator
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