ZA Resolution-01-04-25-012A RESOLUTION NO. 01-04-25-I
ZONE VARIANCE 01-04
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 THREE-FOOT SIX
INCH (3’- 6”); SIDE YARD SETBACK, FOR THE CONSTRUCTION OF A 312 SQUARE
FOOT KOI POND, WHERE THE MUNICIPAL CODE REQUIRES A MINIMUM OF TEN
(IO’- 0”) FOOT SIDE YARD SETBACK. THE PROPOSED PROJECT IS LOCATED AT
31172 OLD SAN JUAN ROAD, AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 649-l 1 I-50 (BOYD)
Whereas, Mr. & Mrs. Tom Boyd, has requested approval to Zone Variance
01-04 to allow a three-foot six inch (3’-6”); side yard setback, where the Municipal Code
requires a minimum of ten (IO’-0”) foot side yard setback, The project is located at 31172
Old San Juan Road, within the (ES) Small Estate Zone District and is designated (LD) Low
Density Residential on the General Plan Land Use Map.; and,
Environmental Administrator has reviewed the project and determined that it is
categorically exempt (Class 3, ‘New Consfruction or Conversion ofSmall Structures)
from further environmental review as per Section 15303.
Whereas, the Environmental Administrator has reviewed the project pursuant - to Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class
3 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 applrcable
provisions of the California Environmental Qualrty Act (CEQA); and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing
on April 25, 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.
1. There are special circumstances applicable to the property which help
support the variance. The property has a twenty (20’-0”) foot access, utility
and public facility easement on the south side of the where the location of
the proposed pond would be, therefore creating an additional setback
between the applicants property and the neighbor’s
The front of the property will have two secunty barriers, the first one being
a four foot six inch (4’-6”) high perimeter wall with an alarm system, and the
second one, will be located sixteen (16’-0”) feet away from the front gate,
which will be a six foot (6’-0”) high masonry wall.
ZA Resolution 01-04-25-l 2 Apnl 25, 2001
The second wall, which will be a solid wall, will enclose the total length of the
Koi pond and the end of the solid wall will be continued by a six foot (6’-0”)
high tubular fence along the side and rear of the lot, which will satisfy the
requirements of a pool enclosure of a at least five (5’-0”) feet, as per Section
9-3.606(d) of the Municipal Code. Furthermore, the property has an access
easement along the south side and the Trabuco creek along the east side,
thus eliminating any potential access or disturbance to the next door
neighbors, by any noise generated from the Koi pond.
2. If the variance is approved, staff believes that the approval would ensure that
this property is treated in an equal manner and is not being favored over
another property under the same zoning. The configuration of the property
and the existence of the easement on the south side and the Trabuco Creek
at the east side of the lot create a unique situation for this property and the
approval of the variance would not be applicable to other properties.
3. Except for the encroachment of the Koi pond, of six feet, four inches (6’-4”)
where the Municipal Code requires a minimum of ten (1 O’-0”) foot side yard
setback, which would be allowed by the vanance, this action will not result
in any inconsistency with the provisions of Title 9 of The Municipal Code as
stated by Section 9-3.606(b)
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 (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.
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 following conditions of approval:
Conditions of Approval
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
/ ZA Resolution 01-04-25-I 3 Aprrl25, 2001
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prior to submission for plan check by the City of San Juan Capistrano
Building Department.
4. Due to the depth and size of the proposed Koi pond, all applicable pool
standards set by shall be met as per Section g-3.606 of the Municipal Code.
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 P.M., Thursday, May 9,
2001.
PASSED, APPROVED AND ADOPTED thts 25th day of April 2001.
William Ramsey, AICP Zoni
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