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ZA Resolution-02-07-24-01ZA RESOLUTION NO. 02-07-24-1 ZONE VARIANCE 02-04 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 THE CONSTRUCTION OF ASOLID EIGHT FOOT (8'4'') HIGH BLOCK WALL, WHERE THE MUNICIPAL CODE ALLOWS AMAXIMUM RESIDENCE LOCATED AT 261 12 CALLE ROBERTO, ALSO KNOWN HEIGHT OF SIX FOOT (6@-0") AS REQUIRED FOR A SINGLE-FAMILY AS ASSESSOR'S PARCEL NUMBER 649-101 -25. (SCADRON) Whereas, Mr. & Mrs. Scadron at 261 12 Calle Roberto, San Juan Capistrano, CA 92675 have requested approval of Zone Variance (a/ 02-04); to allow the construction of a solid eight foot (8'"'') high block wall, along a portion of the side yard and along the rear yard of the property, where the Municipal Code allows a maximum height of six foot (6'"'') as required for a Single-Family residence located in the within the Large Estate (EL) district of the official Zoning Map, and is designated as Very Low Density Residential (VLD) on the General Plan Map; and, Whereas, the proposed project has been processed pursuant to Section 9- 3.604(b)(2), 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 7) categorical exemption and caused a Notice of Exemption to be posted pursuant to Section 15062of 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 July 24, 2002 pursuant to Section 9-3.604(b)(l) of the Municipal Code to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVEDl 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 with respect to the topography, and shape of the lot. The characteristic will be the existing topography, which slopes approximately ten (1 O'-O'') foot from the street level to the finished grade of the proposed wall on the side and rear of the existing residence, once again making the wroght iron fence unsuccessful against the inconveniences that they are now experiencing. Finally the irregular shape of the lot, that creates easy access from the adjacent neighbor into Mr. Scadron's property almost through the entire rear yard and partially along the side yard of the property (approximately 371 lineal feet). ZA Resolution 02-07-24-1 2 July 24, 2002 2. The granting of this variance would not constitute a special privilege to the extent that other adjacent properties in the area have been developed with solid walls on the rear yards which exceed the allowed maximum solid wall height of six (6- 0") foot. In this situation the proposed wall will have a maximum height of six (6'- 0") feet from the finished grade at the neighbor's rear yard and eight (8'"'') feet from the finished grade on Mr. Scadron's side of the property. 3. Except for the approval of the solid eight (8'-OH) foot high wall at the side and rear yard, 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 as stated by Section 9-3.604(b)( 1 ). The purpose of the block wall exceeding six (6'-0") foot high is to function as a safety and privacy barrier. 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 (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 does hereby confirm issuance of a categorical exemption approves the project subject to the following conditions of approval: 1. The applicant's 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 applicant shall secure all applicable building permits for construction of the proposed wall as required by the 1999 UBC. 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 at 500 PM, Thursday, August 8,2002. This project approval shall be valid from the date of approval of this resolution, and shall expire two (2) years after on the 24" of August 2004, 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 24th day of July, 2002. William Ramsey, AICP, (C \My huments\WordPerfect hs\Current PlanningW 02-04 Scadron\Scadron-reso wpd)