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ZA Resolution-02-07-24-02ZA RESOLUTION NO. 02-07-24-2 ZONE VARIANCE [ZVI 02-05 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND RECOMMENDING APPROVAL OF THE REQUESTED VARIANCE TO SECTION 93.424 TO ALLOW A DETACHED SUBTERRANEAN (2) CAR GARAGE ADDITION TO ENCROACH FIFTEEN YARD SETBACK. THE PROPOSED PROJECT IS LOCATED AT 30041 SADDLERIDGE DRIVE AND IS ALSO KNOWN AS ASSESSORS PARCEL (15'4") FEET INTO THE REQUIRED TWENTY-FIVE (25'4) FOOT REAR NUMBER 650-242-09. (RAFFERTY) WHEREAS, The applicant is requesting approval of a Zone Variance to Section 9-3.424, Development Standards of the Land Use Code to allow a detached subterranean (2) car garage addition to encroach fifteen (15'-0'') feet into the required twenty-five (25'-0") foot rear yard setback. The proposed project is located at 30041 Saddleridge Drive within the (RS) Single-Family residential district in the Official Zoning Map and is designated as 2.2 (MLD) Medium Low Density Residential on the General Plan Land Use Policy Map; and, WHEREAS, the proposed project has been processed pursuant to Section v 9-2.405, Zoning Administrator procedures of the Land Use Code; and, WHEREAS, the Environmental Ad ministrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA), issued a Class 5, ('Minor Alterations in Land Use Limitations") categorical exemption, and caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and, WHEREAS, the Zoning Administrator has conducted a duly noticed public hearing on July 24, 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 with respect to the topography of the lot, which slopes approximately sixteen (16'-0'') foot from the street level to the finished grade of the existing lot from the northern part of the lot to the southern part of the lot Finally the approval of the proposed subterranean two car garage will not only expand the unusable section of the back yard, but it will also replace the undeveloped and overgrown area which could be considered a potential hazard . ZA Resolution 02-07-24-2 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 larger back yard areas due to the existing topography and the fifteen (1 5'-0'') feet encroachment to the rear yard setback by the subterranean garage will be completely unnoticeable. In addition the proposed project will maintain the architectural style identical to the original house design. 3. Except for the approval of the subterranean detached (2) car garage addition to encroach fifteen (15'-0'') feet into the required rear yard setback, where the Municipal Code requires a minimum of twenty-five (25'-0") foot, 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 9-3.424. Furthermore, the project will be more compatible with the surrounding properties on which will retain the neighborhood's character and style. 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 2.2 (MLD) Medium 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 approves the issuance of Zone Variance 02-05, allowing a detached subterranean (2) car garage addition to encroach fifteen (1 5'-0'') feet into the required twenty-five (25'-0") foot rear yard setback subject to the following conditions of approval : 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. 2. The applicant shall ensure that the proposed project be consistent with the architectural design standards established throughout the surrounding developments. 3. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply with all construction activities which includes the delivery and/or recovery of materials, supplies or construction equipment shall be conducted in accordance with the prescribed hours of operation. Monday through Friday Saturday 7:OO a.m. to 6.00 p.m. 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on Sundavs and on any federal holiday unless waived by the Building Official. ZA Resolution 02-07-24-2 3 July 24,2002 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 p.m; 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 24th of July 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, by the following vote, to wit WiNa’m A. Ramsey, AICP, Z inistrator (C:\My Documents\WordPerfect Docs\Current PlanningVV0205 Rafferty\Rafferty-reso.wpd) -