ZA Resolution-03-12-10-01Z.A. RESOLUTION NO. 03-12-1 0-1
ZONE VARIANCE (ZV) 03-1 1
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A VARIANCE TO ALLOW AN ENCROACHMENT INTO THE SIDE YARD
SETBACK FOR A 246 SQUARE FOOT ROOM ADDITION TO THE RESIDENCE LOCATED
AT 25696 COMPASS WAY, WITHIN THE CAPTAINS HILL PLANNED COMMUNITY AND
OR LOT 11 1 OF TRACT 8460. (SAUER) MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER APN 673-163-23,
WHEREAS, Sue Sauer 25696 Compass Way, San Juan Capistrano, CA 92675
has requested approval of Zone Variance 03-1 1 to allow a twenty foot encroachment into the
side yard setback for a room addition, where the SJCMC requires a minimum twenty foot (20') side yard setback. The project site is General Plan-designated "2.3, Medium Density
Residential", and classified as 'RM" (Multiple Family Residential) on the Official Zoning Map.
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.352, Variances and exceptions procedures of the Land Use code; and,
WHEREAS, the Environmental Coordinator has completed a preliminary review
of this project in accordance with the City of San Juan Capistrano's adopted guidelines for implementing the California Environmental Quality Act (CEQA) of 1970. Based on that review,
the Environmental Administrator finds that the proposed project constitutes a Class 5
Categorical Exemption, " Minor Alterations in Land Use Limitations" which consist of minor lot line adjustments, side yard, and setback variances not resulting in the creation of any new
parcel, and has determined that further environmental evaluation is not required; and,
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WHEREAS, the Zoning Administrator has considered the Environmental
Administrators determination pursuant to Section 15074 of the California Environmental Quality
Act (CEQA); and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on December 3, 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 applicable to the property in that at the time of initial
construction there were zero lot lines established, and a majority of the single family residences were built within the currently established setback area. Strict application of this code would
deprive the applicant of privileges enjoyed by other properties within the surrounding development by not allowing the residence to make additions to the existing structure
consistent with the original intent of the development asa Planned Unit Development consisting
of attached single family residences with zero lot lines.
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ZA Resolution 03-1 2-1 0-1 -2- December 10,2003
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 considered the side yard
setbacks. It should also be noted that the Zoning Codes that existed during the original
construction of the tract allowed for zero lot lines. Approval of this variance is necessary for the owners of the property to make reasonable additions, and obtain the same privileges
already enjoyed by surrounding properties.
3. Except for the establishment of a zero lot line side 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 RESOLVEDl that the Zoning Administrator of the
City of San Juan Capistrano does hereby approve the issuance of Zone Variance 03-11,
subject to the following conditions:
1. The applicant's grading and building permit plans shall be in substantial compliance with the
zone variance exhibits, subject to review and approval by the Zoning Administrator.
2. The applicant shall ensure that additions to be constructed are consistent with the
architectural design standards found throughout the surrounding development.
3. The applicant shall ensure that all building permit plans are reviewed, and stamped acted
on by the Home Owners Association (HOA) discretionary review board prior to submission for plan check by the City of San Juan Capistrano Building Department.
4. The applicant shall secure all applicable building permits for construction of the proposed
additions as required by the Building Official.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application. The appeal period shall expire, Thursday, December 25, 2003. The application approval shall expire two (2) years from the date of approval on December 10, 2005 by the
Zoning Administrator if building permits have not been issued and construction is not underway. The Zoning Administrator may extend the time period for meeting the requirements for
establishment of the use up to one additional year, provided that a public hearing is held prior
to any action on the time extension.
PASSED, APPROVED AND ADOPTED this 10th day of December, 2003.
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