ZA Resolution-02-05-15-01ZA RESOLUTION NO. 02-05-1 5-1
ZONE VARIANCE 02-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL
3.607(F)(l)(I)(AC)(II) OF THE LAND USE CODE TO ALLOW AN AlTACHED
WHERE THE MUNICIPAL CODE ALLOWS NOT MORE THAN FORTY (40)
PERCENT LOCATED AT 33731 AVENIDA CALITA, AND MORE PRECISELY
EXEMPTION AND APPROVING A VARIANCE TO SECTION 9-
DECK TO OCCUPY FIFTY-FOUR (54) PERCENT OF THE REAR ELEVATION,
REFERRED TO AS ASSESSORS PARCEL NUMBER 675-044-13.(AMBROSI)
WHEREAS, Mr. Santiago Ambrosi at 33731 Avenida Calita, San Juan Capistrano,
CA 92675 has requested approval of Zone Variance (N 02-03); to allow a proposed nineteen
(19'-01') foot wide attached deck of approximately 228 square feet. The proposed deck will be
equal to (54) percent of the thirty-five (35'-0") foot wide rear elevation, however the Municipal Code allows a maximum of forty (40) percent of the total length of the elevation to which it will
be attached. The project site is zoned (RS) Single Family Residential Zone District and General Plan designated as Low Density Residential (1.1 to 2.0 DUsIAcre); and,
WHEREAS, the proposed project has been processed pursuant to Section, 9-
3.607(f)(l )(i)(ac)(ii), 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) and issued a Class 1
categorical exemption and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines, and has othewise complied with all applicable provisions of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on
May 15,2002 pursuant to Section 9-2.31 3 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 there are surrounding
residences that have decks that exceed the forty (40) percent of the total length of the
elevation to which they are attached. Strict application of this code would deprive the
applicant of privileges enjoyed by other properties within the surrounding development.
2. The granting of this variance would not constitute a special privilege to the extent that
other adjacent properties along Avenida Calita, Via de Agua, and Calle Don Carlo have
developed decks at the front and rear of the properties, that exceed the maximum allowed of forty (40) percent of the total length of the elevation to which they are attached.
3. Except for the variance approval of Section 9-3.607(f)( l)(i)(ac)(ii) of a nineteen (1 9'-0'')
foot wide attached deck 228 square feet which is equal to equal to 54 percent of the
existing elevation to which it will be attached, this action will not result in any inconsistency
with the provisions of Title 9 of the Municipal Code.
ZA Resolution 02-5-15-1 2 May 15,2002
Finally, it should be noted that the provision for which the variance is requested was part
of a Code Amendment adopted in May 1998. The primary intent of the revised provision
was to address decks that were being placed on slopes and projecting into the rear
setback area by a significant distance. This proposal does not involve either design issue.
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 (LD), 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 does hereby approve Variance 02-03, subject to the following
conditions of approval:
1. The applicants’ building permit plans shall be in substantial compliance with the
zone variance site plan and architectural plans, subject to review and approval by
the Zoning Administrator.
2. The applicants shall secure all applicable building permits for construction of the
proposed wall as required by the 1999 UBC.
EFFECTIVE DATE 8 FINAL APPROVAL: This project approval shall become
effective following expiration of the fifteen (1 5) days following Zoning Administrator action, and
becomes effective beginning appeal period without filing of an appeal application. The appeal period shall expire at 500 p.m. Thursday, May 29, 2002.
1
Pursuant to Section 9-2.304(f) of Title 9, Land Use Code, this approval shall remain in full force
and affect for a period of two (2) years from the date of approval and the project must make application for a building permit or request an extension on or prior to May 15, 2004, otherwise
this approval shall become null and void.
PASSED, APPROVED AND ADOPTED this 15th day of May 2002. Q&&Qe
William Ramsey, AICP, Zonin
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