ZA Resolution-02-10-02-01ZA RESOLUTION NO. 02-1 0-02-1
ZONE VARIANCE (ZV) 02-06
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND RECOMMENDING A VARIANCE TO ENCROACH
FIFTEEN FOOT (15'-0") INTO THE REAR YARD SETBACK, WHERE A
TWENTY-FIVE FOOT (25'4") REARYARD SETBACK IS REQUIRED FOR
A (RS) SINGLE-FAMILY RESIDENCE LOCATED AT 31272 PASEO
SERENO AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 649-042-12 (CZARN).
WHEREAS, The applicants Mr. Roger Czarn and Mr. Ernest Reyes are
requesting a variance to encroach a maximum of fifteen foot (1 5'-0") into the twenty-five
foot (25'-0") required rear yard setback per Municipal Code Section 9-3.424, in order to
construct a new 472 square foot Master Bedroom which includes a walk-in closet and a dressing
room, a 28 square foot exterior garden tools storage room, and finally a 32 square foot sun atrium
for a total residential addition of 532 square feet. The property is located at 31272 Paseo
Sereno, which is General Plan designated as (MHD) Medium High Density Residential (3.5
to 8 DU'slAcre) and classified as (RS) Single -Family Residential on the Official Zoning Map;
and,
- WHEREAS, the proposed project has been processed pursuant to Section
9-2.405, Zoning Administrator procedures 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), 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 October 2,2002 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 to the property in that at the time of initial construction of Casas Capistrano Tract 5947, the lots were design to have an average size of 7,200 square feet. The minimum lot size required for the (RS) Single-Family Residential District
is 10,000 square feet , although these lot sizes and setbacks do not meet the development standards required by today's Land Use Code, they did comply with the development standards that existed during the original construction of the tract. Based upon this
condition, a justification for approval of the variance request does exist. There are also existing buildings in the area that do not conform to the Land Use Code required setbacks
ZA Resolution 02-10-02-1 2 October 2,2002
2.
for the (RS) Single-Family Residential District. Denial of the requested variance would
prevent the applicant from enjoying a privilege enjoyed by other properties in the vicinity
and under the identical zoning classification.
The granting of the variance will not constitute a grant of special privilege in that during
construction of the Casas Capistrano Tract 5947, structures were built within what is
currently consider the rear yard setbacks. In addition the proposed project will maintain the
architectural style identical to the original house design. Furthermore, the lot size is 7,200
square feet, with envelops an existing 1,760 square foot dwelling unit, which is equal to
25% of the lot and the proposed 532 square foot addition to the existing dwelling will only
cover 32% of the lot, which complies with the Land Use Code requirements for Open
Space. Therefore, these factors lead to a determination that this addition would not
constitute a special privilege inconsistent with the limitations on other properties in the
vicinity and under the same zoning.
3. Except for the reduced rear yard setback 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. The proposed 472 square foot Master Bedroom which includes a walk-in closet and
a dressing room, a 28 square foot exterior garden tools storage room, and finally a 32
square foot sun atrium for a total residential addition of 532 square feet to the existing
1,760 square foot dwelling unit, would only occupy 32% of the 7,200 square foot lot, and
therefore still maintain the 30% open space area as required by the Municipal Code.
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 Medium 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 pattern of development, and will retain the neighborhoods
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 02-06, subject to the following conditions of approval:
Conditions of ADDroval
1. The applicant shall ensure that the proposed project be consistent with the
architectural design standards established throughout the surrounding
developments.
2. The applicant shall secure all applicable building permits for construction of the
proposed additions as required by the Building Official.
3. The applicant's building permit plans shall be in substantial compliance with the
zone variance exhibits, subject to review and approval by the Zoning Administrator.
ZA Resolution 02-1 0-02-1 3 October 2,2002
4. 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.
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, October 17,
2002. This project approval shall be valid from the date of approval of this resolution, and
shall expire two (2) years after, 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 2nd day of October, 2002, by
~ the following vote, to wit: am
William A. Ramsey, AICP, Zoning
(C.\My Docurnents\WwdPerfect Docs\Current PlanningW0206 CzarnWO206 Czam-res.wpd)