ZA Resolution-03-11-19-01ZA RESOLUTION NO. 03-1 1 -I 9-01
ZONE VARIANCE [ZV, 03-09
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 FIVE (5'=0'')
FOOT ENCROACHMENT INTO THE REAR YARD SETBACK TO
ACCOMMODATE A FREE STANDING, THIRTEEN (13'-0'') FOOT HIGH
FIREPLACE. THE PROPOSED PROJECT IS LOCATED AT 30231 VIA
FESTIVO, WITHIN THE PC-CDP 86-04, FAIRWAY RESIDENTIAL (FR)
DISTRICT, AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 650-613-18. (MOSER)
WHEREAS, The applicant Mr. Moser is requesting approval of a Zone
Variance to Section 9-3.501 (b)(2)(D) 81 (E), Development Standards of the Land Use Code
to allow a free standing, thirteen (1 3'-0") foot high fireplace to encroach five (3-0") feet
into the required rear yard setback applicable to accessory structures, where the Municipal
Code requires that any accessory structure over six (6'-0") feet in height be located a
minimum distance from the parcel's rear property line equal to the height of the structure.
The proposed project site is located at 30231 Via Festivo within the PC-CDP 86-4, Fairway
Residential (FR) District in the Official Zoning Map and is designated as 2.3 (Medium
Density Residential) on the General Plan Land Use Policy Map; and,
L 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 has conducted a duly noticed public
hearing on July 30,2003 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 its location. The 1 1,870 square foot lot is located within a cul-de-sac, in addition
the subject lot is irregular in shape, it has a narrow front with a wide rear yard,
therefore causing the residential development to be pushed to the rear of the lot,
and the proposed accessory stnrctures to encroach with the rear yard setback.
Based upon this condition, a justification for approval of the variance request does
exist.
ZA Resolution 03-1 1-19-01 2 November 19,2003
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 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.
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 the issuance of Zone
Variance 03-09, subject to the following conditions of approval:
Conditions of Amroval
1. The applicant shall ensure that the proposed project be consistent with the
architectural design standards established throughout the surrounding
developments applicable to accessory structures.
2. The applicant shall secure all applicable building permits for construction of the
proposed additions as required by the Building Official.
3. The applicant's building permit plans shall be in substantial compliance with the
zone variance exhibits, subject to review and approval by the Zoning Administrator.
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.
ZA Resolution 03-1 1-1 9-01 3 November 19,2003
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 500 p.m; Thursday, December
4, 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 building/grading
permit application related to this discretionary approval is submitted to the City prior to that
date.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2003,
by the following vote, to wit:
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