ZA Resolution-03-08-06-02ZA RESOLUTION NO. 03-86-2
ZONE VARIANCE (ZV) 03-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND APPROVING A VARIANCE TO ALLOW THE
INCHES(13'-6"), WHERE A TWENTY FOOT (20'4'') REAR YARD
RESIDENCE LOCATED AT 25981AVENIDA CABRILLO AND MORE
PRECISELY REFERRED TO AS A.P.N. 668-012-05 (WILSON)
REDUCTION OF A REAR YARD SETBACK TO BE THIRTEEN FEET-SIX
SETBACK IS REQUIRED FOR A SINGLE-FAMILY-7,000 (RS 7,000)
Whereas, the applicant, Mark Wilson requests approval of a variance to
encroach six foot-six inches (6'-6") into the required twenty foot (20'-0") rear yard setback
as required by section 9-3.301 (c) of the municipal code. Approval of the requested
variance would allow the applicant to construct a 306 square foot, family room addition to
the existing 1,534 square foot house resulting in 1,840 square feet. The project site is
located at 25981 Avenida Cabrillo, is General Plan-designated as "2.3, medium density
residential-maximum 5.0 du/acre" and classified as "RS-7,000" (single family residential-
7,000 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 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 conducted a duly-noticed public hearing
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:
1. There are special circumstances to the property in relation to the other properties
within the neighborhood that were granted encroachments varying from 18 feet to 16
feet within the required rear yard setbacks during its original development, six of the
eight units are located on the applicants side of Avenida Cabrillo. Based upon this
condition, a justification for approval of the variance request does exist. Denial of the
requested variance would prevent the applicant from enjoying a privilege enjoyed by
other properties in the vicinity and under the identical zoning classification.
ZA Resolution 03-8-6-2 2 August 6,2003
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 rear 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 addition 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 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 residential addition would only occupy 25% of the 7,200 square
foot lot, and therefore still maintain the 32% open space area 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 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 Zone Variance 03-06
subject to the following conditions of approval:
Conditions of Amroval
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
following prescribed hours of operation.
ZA Resolution 03-8-6-2 3 August 6,2003
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.
Construction activity is prohibited on Sundavs and on any federal holiday unless
waived by the Building Official.
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. The fifteen
(15) day appeal period shall expire at 500 p.m. on Thursday, August 21, 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 August 6, 2005 unless a time extension request has been
submitted to the City; or a buildinglgrading 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 6th day of August, 2003, by the
following vote, to wit:
Wiham A. Ramsey, AICP, Zon&Adm@strator / i
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