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,
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