ZA Resolution-03-08-06-01ZA RESOLUTION NO. 03-0846-1
DEVELOPMENT STANDARD ADJUSTMENT 0343
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A TWO FOOT (2'4'')
ENCROACHMENT INTO THE TWENTY FEET (20'4) FRONT YARD
SETBACKOF PARCELS 1 AND2,ANDAPPROVlNGAONE FOOT(1'4'')
SETBACK OF PARCEL 2 LOCATED AT 31810 AND 31812 SAN JUAN
ENCROACHMENT INTO THE REQUIRED TEN-FOOT (10'-0") SIDE YARD
CREEK ROAD AND MORE PRECISELY REFERRED TO AS A.P.N. 666-
048-12 & 666-048-13 (SAN JUAN CREEK HOMES)
Whereas, Glenn Eichler requests approval of a Development Standards
Adjustment to allow a two foot (2'-0") encroachment into the required twenty foot (20'-0")
front yard setback for two existing parcels and a one foot (1'-0") encroachment into the
required ten foot (10'-0") side yard setback, applicable to the west side of parcel 2. The
Municipal Code allows Development Standards Adjustment, as a tool to allow an
adjustment of 10% or less of the Development Standards for the district in question. Since,
the proposed project would only encroach 10% respectably, into both the front and side
yard setbacks, then the proposed project will be in conformance with the 10% allowed by
the Development Standards Adjustment under Section 9-2.31 9 of the Municipal Code. The
proposed project site is located at, 31810 and 31812 San Juan Creek Road, which is
zoned as 'RSE-10,000" (residential single-family estate-1 0,000 s.f. lot minimum) under the
Official Zoning Map and General Plan designated as MLD (Medium Low Density
Residential); and,
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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), and issued a Class
3(a) Categorical Exemption, "New Construction or Conversion of small structures" and has
caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA
Guidelines, and has othemvise complied with all applicable provisions of the California
Environmental Quality Act (CEQA); and,
Whereas, the Zoning Administrator conducted a duly-noticed public meeting
on August 6, 2003 pursuant to Section 9-2.335 of Title 9, Land Use Code to consider
public testimony on the proposed project and has considered all relevant public comments
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano hereby makes the following findings:
ZA Resolution 03-8-6-1 2 August 6,2003
1. The requested development standards adjustment is the most practical solution
because the unusual triangular lot configuration severely constrains the developable
area of the property and the ability to site a residential structure in compliance with
the "RSE-10,000" (residential single-family estate-10,000 s.f. lot minimum) District
standards.
2. The requested adjustment will not adversely affect adjoining properties because the
development standards adjustment affects the front yard setbacks and an interior
sideyard setback so that the siting of the proposed residential structures will be no
closer to existing, adjoining residences, than if the proposed siting complied with the
District's minimum setbacks.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby confirms issuance of a categorical exemption and approves the
project subject to the following conditions of approval:
Conditions of ADproval
1. 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.
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 pursuant to Section 9-2.31 1 of Title 9, Land Use Code. The fifteen
(1 5) day appeal period shall expire on Thursday, August 21,2003 at 5:OO p.m. 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 August 6, 2005 unless a time extension request or a
building/grading permit for this discretionary approval has been submitted to the City prior
to the expiration date.
PASSED, APPROVED AND ADOPTED this 6th day of August, 2003.
-.Ax Wiham A. Ramsey, AI
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