ZA Resolution-01-03-28-01ZA RESOLUTION NO. 01-03-28-I
ZONE VARIANCE 01-03
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 A SOLID BLOCK
WALL WITHIN THE 30 FOOT FRONT YARD SETBACK FOR APPROXIMATELY 90
LINEAR FEET OF THE 700+ FOOT LOT FRONTAGE FOR A SINGLE FAMILY
RESIDENCE LOCATED AT 27171 HIGHLAND DRIVE (BRUM)
Whereas, Mr. & Mrs. Roger Brum at 27171 Highland Drive, San Juan
Capistrano, CA 92675 have requested approval of Zone Variance (ZV 01-01); to allow the
construction of a solid five foot (5-O”) high masonry wall, along Highland Drive Frontage
of the property where the Municipal Code allows a maximum height of three foot (3’-0”) as
required for srngle family residence located in the (RA) Small Farm Residential zone
district, with a (VLD) Very Low Density General Plan land use designation; 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
1 categorical exemption and caused a Notice of Exemption to be posted pursuant to
Section 15062 of the CEQA Guidelines, and has otherwise complied with all applicable
provislons of the California Environmental Quality Act (CEQA), and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing
on March 21, 2001 pursuant to Section 9-3.604(b)(2) of the Municipal Code to consider
public testimony on the proposed project; and,
Whereas, in conducting the public hearing, testimony was provided by Ms.
Audrey Daste as a representative of the Stonendge Homeowners Association. In her
testimony, she voiced concerns regarding the possible view impacts to residents located
at the comer of Highland Drive and Hillside Terrace. She also stated that the Assocration
was concerned that the solid wall would block views from Highland Drive. The applicant
stated that the purpose of the wall was to insure privacy of their residence due to the lower
pad elevation in relationship to Highland Drive and provision of a solid wall between the
equestrian trail and their yard where their dogs wrll be kept. They also noted that the solid
wall would only be for that portion of the lot that was adjacent to their garage and house
that represented only ninety feet of the approximate 700+ feet of lot frontage adjacent to
Highland Drive
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings:
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ZA Resolution 01-03-28-l 2 March 28,200l
1. There are special circumstances applicable to the property regarding the
existing topography and shape of the parcel in that it is Irregular in shape
having an approximate 700 foot linear frontage along Highland Drive with a
shallow lot depth in comparison to other lots under similar zoning within the
specific subdivislon. In addition, the variance request is for only
approximately 90 linear feet of the total street frontage representing less than
13 percent of the total front yard area of the lot.
2. The granting of this variance would not constitute a special privilege in that
the design of the lot and the placement of the residence in relationship to
Highland Drive places the upper story of the house in direct line of sight from
the public street. All other lots under similar zoning In the subdivision do not
have a similar topographical relationship The solid wall will provide some
privacy from vehicles using Highland Drive. In addition, the placement of the
wall will not obstruct any public view either from the Stoneridge neighborhood
due to the intervening ridgeline that separates this property from said
neighborhood nor will it result in a view blockage from Highland Drive based
upon the further finding that the block wall orientation with the residence and
garage will not create any additional encroachment due to the current
location of said structures. Furthermore, the remaining approximate 610+
feet of frontage will not have a solid wall within the 30 foot front yard setback,
thus permitting views from Highland Drive over the property to the Capistrano
Valley.
3. Except for the approval of the solrd five foot (5’-0”) high wall within the
required front yard setback, which will 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 g-3.604 The purpose of the five foot
(5’~0”) high solid masonry wall is to work as a solid buffer from the adjacent
equestrian trail and visual encroachment into the residence.
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 WIII 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 nelghborhood’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 followlng conditions of approval.
ZA Resolution 01-03-28-l 3 March 28,200l
. . Conditions of Appr oval
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.
3. The applicant shall ensure that all building permit plans are reviewed, and
approved by the Home Owner’s Association (HOA) Architectural Committee
prior to submission for plan check by the City of San Juan Capistrano
Building Department
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 5:00 PM, Thursday, April 5, 2001.
PASSED, APPROVED AND ADOPTED this 28th day of March, 2001.
Thomas Tomlinson, Acting Zoning Administrator
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