ZA Resolution-02-02-13-01ZA RESOLUTION NO. 02-02-1 3-1
ZONE VARIANCE 02-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY
OF SAN JUAN CAPISTRANO APPROVING A VARIANCE TO SEC.
TEN FEET (lO"0'') AND A DECORATIVE WROUGHT IRON ENTRY
GATE TO HAVE A HEIGHT OF EIGHT FEET SIX INCHES (8"'')
WITHIN THE SIDE YARD SETBACK. THE PROJECT IS LOCATED
AT 32121 COOK LN, AND MORE PRECISELY REFERRED TO AS
9-3.604(B)(I) TO ALLOW TWO PILASTERS TO HAVE A HEIGHT OF
ASSESSORS PARCEL NUMBER 673-061 -39. (FIELD).
Whereas, Ms. Toni Field has requested a zone variance approval to Section
9-3.604(b)( 1 ), Development Standards of the Land Use Code to allow two pilasters to have
a height of ten feet (1 0'-0'') and a wrought iron entry gate to have a height of eight feet six
inches (8'-6") within the side yard setback; where the Municipal Code allows Fences
erected within the required side or rear yards not to exceed a height of six (6') feet. The
property is located at 32121 Cook Lane, which is General Plan designated as (VLD) Very
Low Density Residential and classified as (EL) Large Estate Residential Zone District; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review 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 3,
Categorical Exemption, "New Construction or Conversion of Small Structures", and caused
a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines
and has otherwise complied with all applicable provisions of the California Environmental
Quality Act (CEQA); and
Whereas, the Zoning Administrator has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Zoning Administrator conducted a duly-noticed public hearing
on February 13, 2002 pursuant to Section 9-2.313 of the Municipal Code, City Council
Policy 5, and Planning Department Policy 510 to consider public testimony on the
proposed project and has considered all relevant public comments.
ZA Resolution 02-02-1 3-01 2 February 13,2002
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
1.
2.
3.
4.
There are special circumstances applicable to the property with respect to the
irregular shape, and topography of the lot, which prevents the established setbacks
to be met and restricts the opportunity for the development of the proposed
accessory structures. The proposed project will only have a side yard setback
encroachment in order to accommodate the entry gate and one of the pilasters,
however it should be noted that these structures will be fifty-five (55'-0") feet from
the front yard setback.
Considering the existing fence, pilasters, and entry gates bordering the applicant's
property, staff concludes that the strict application of the code would deprive the
applicant of privileges enjoyed by other properties in the vicinity.
The granting of this variance would not constitute a special privilege to the extent
that other adjacent properties in the area have developed pilasters, fences and
gates that exceed the maximum allowed by code.
Except for the approval of the two pilasters with a height of ten feet (1 O'-O,') and the
wrought iron entry gate with the height of eight feet six inches (8'-6''), would be
allowed by the variance, this action will not result in any inconsistency with the
provisions of Title 9 of The Municipal Code as stated by Section 9-3.604(b)(l).
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 (VLD) Very Low 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 and will
retain the neighborhood's character and style.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby confirms issuance of a
categorical exemption and approves the project subject to the following:
1. The applicant shall secure that all applicable building permits for the construction
of that proposed project as required by the Building Official and such plans shall be
consistent with the Zoning Administrator approved plans.
ZA Resolution 02-02-1 3-01 3 February 13,2002
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 PM, Thursday, February
28th, 2002. This project approval shall be valid for a period of 2 years from the date of
approval of this resolution, and shall expire on February 28Ih 2004 unless a time extension
request or buildinglgrading permit application related to this discretionary approval is
submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 13th day of February, 2002. (29-
&ham Ramsey, AlCP
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