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
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