ZA Resolution-01-04-04-01ZA RESOLUTION NO. 01-04-04-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 SECTION 9-3.607(F)(l)(I)(AC)(II) OF THE LAND USE
CODE TO ALLOW AN ATTACHED DECK AT THE REAR OF THE PROPERTY TO
OCCUPY ONE-HUNDRED (100) PERCENT, WHERE THE MUNICIPAL CODE IN THE
(RS) SINGLES FAMILY RESIDENCE ZONE DISTRICT, DOES NOTALLOWATTACHED
DECKS TO EXCEED FORTY (40) PERCENT OF THE TOTAL LENGTH OF THE
ELEVATION TO WHICH THEY WOULD BE ATTACHED. THE PROJECT IS LOCATED
AT 27921 VIA ESTANCIA, AND IS REFERRED TO AS ASSESSORS PARCEL NUMBER
666-222-073.(BUNGE)
WHEREAS, the proposed project has been processed pursuant to Section,
9-3.607(f)(l)(i)(ac)(ii), Development Review of the Land Use Code; and,
WHEREAS, Mrs. Julia H.S. Bunge at 27921 Via Estancia, San Juan
Capistrano, CA 92675 have requested approval of Zone Variance (ZV 01-03); to allow the
construction of an attached forty (40’-0”) foot wide deck at the rear of the property, where
the Municipal Code does not allow attached decks to exceed forty (40) percent of the total
length of the elevation to which it will be attached. The property is located in the (RS)
L Single Family Residence zone district with a (LD) Low Density General Plan land use
designation; 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
provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing
on April 4, 2001 pursuant to Section 9-2.313 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:
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ZA Resolutlon 01-04-04-I 2 April 4, 2001
1. There are special circumstances applicable to the property including size,
shape, topography, location, or surroundings so that the strict application of
the Code would deprive the property of privileges enjoyed by other properties
in the vicinity and with the same zoning classification.
There are special circumstances applicable to the property at 27921 Via Estancia, due to
the surrounding residences that have decks that exceed the forty (40) percent of the total
length of the elevation to which they are attached. Strict application of this code would
deprive the applicant of privileges enjoyed by other properties within the surrounding
development.
2. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under
the same zoning.
The granting of this variance would not constitute a special privilege to the extent that
other adjacent properties along Via Estancia, have been developed with decks at the front
and rear of the properties, that exceed the maximum allowed of forty (40) percent of the
total length of the elevation to which they are attached. In addition it should be noted that
there will be a one foot encroachment into the required twenty five (25’-0”) foot rear yard
setback, which could be allowed due to the variance exception of ten (10) percent.
3. The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code.
Except for the variance approval of Section 9-3.607(f)(l)(i)(ac)(ii) of a forty (40’-0’) foot
wide attached deck, (with a gross floor area of 396 square feet) which is equal to the
existing length of the elevation to which it will be attached, this action will not result in any
inconsistency with the provisions of Title 9 of the Municipal Code. Furthermore, the
project will be more compatible with the surrounding properties on each side and across
Via Estancia, which will retain the neighborhoods character and style
4. The variance will not result in development which is inconsistent with the
goals, policies, and objectives of the General Plan?
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 (LD) 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.
ZA Resolution 01-04-04-l 3 Aprd4, 2001
- NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby confirm issuance of Variance
01-03, subject to the following conditions of approval:
Conditions of Approval
1. The applicants’ 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 applicants 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) days following Zoning Administrator
action, and becomes effective beginning appeal period without filing of an appeal
application. The appeal period shall expire at 5.00 p.m. Thursday, April 19, 2001.
PASSED, APPROVED AND ADOPTED this 4th day of April 2001.
William Ramsey, AICP Z
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