ZA Resolution-03-08-20-01ZA RESOLUTION NO. 03-08-20-01
ZONE VARIANCE 03-07
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
FEET ENCROACHMENT INTO THE REAR YARD SETBACK, WHERE A
PROPERTY LOCATED AT 32962 CALLE SAN MARCOS, WITHIN THE
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER
EXEMPTION AND APPROVING AVARIANCE TO ALLOW ATEN (10'-0")
TWENTY (20'- 0") FEET REAR YARD SETBACK IS REQUIRED FOR THE
SINGLE-FAMILY-7,000 (RS 7,000) RESIDENTIAL ZONE DISTRICT, AND
668-064-05 (BONNY).
Whereas, the applicant, William Bonney(32962 Calle San Marcos, San Juan
Capistrano, CA 92675) requests approval of a zone variance to Section 9-3.301 (c),
Development standards of the Land Use Code to allow a residential addition to encroach
ten (10'- 0") feet into the required rear yard setback, where the Municipal Code requires
a minimum of twenty (201-01') feet. The proposed project site is located at 32962 Calle San
Marcos, is General Plan-designated as (MD) Medium Density Residential (3.5 to 5
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-
2.301, General Review Procedures of the Title 9, Land Use Code; and,
u
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), has issued a
categorical exemption, has 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 20, 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 10 feet to
11 feet within the required rear yard setbacks during its original development,
currently there are three units that are located on the applicants side of Calle San
Marcos. Based upon this condition, a justification for approval of the variance
request does exist. Denial of the requested variance would prevent the applicant
ZA Resolution 03-08-20-01 2 August 20,2003
from enjoying a privilege enjoyed by other properties in the vicinity and under the
identical zoning classification.
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 36% of the
7,178 square foot lot, and therefore still maintain the 45% 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 hereby approves Zone Variance 03-07 subject to the following conditions of
approval:
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,
ZA Resolution 03-08-20-01 3 August 20,2003
supplies or construction equipment shall be conducted in accordance with the
following 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: 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 5:OO p.m. on Thursday, September 5, 2003. 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 20,2005 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 20'" day of August, 2003.
WilliamA. Ramsey, AICP, Zoning ,' &Wh$istrator
(zv0307-ZA-resO3-6-20-1 .wpd)