ZA Resolution-00-02-23-01.
ZA RESOLUTION NO. 00-02-23-I
ZONE VARIANCE 2000-01
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 ENCROACHMENT INTO THE SIDE, REAR,
AND FRONT YARD SETBACKS FOR A REMODEL AND ROOM ADDITION TO A
HOUSE IN THE SINGLE FAMILY DISTRICT (RS) OF THE CITY. THE SIDE YARD
ENCROACHMENTS PROPOSED ARE FIVE FEET (5’) AND ONE FOOT TEN INCHES
(1’ IO”), THE REAR YARD ENCROACHMENT IS FOUR FEET FOUR INCHES (4’ 4”)
AND AT THE FRONT YARD ENTRY A PORTION OF THE ROOF ENCROACHES FOUR
FEET SEVEN INCHES (4’ 7”) INTO THE FRONT YARD WHILE A CORNER OF THE
SECOND FLOOR DECK PROTRUDES LESS THAN TWO FEET (2’) INTO THE FRONT
SETBACK, FOR A 11,550 SQUARE FOOT LOT LOCATED AT 28545 PASEO DIANA
AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 664-042-
14. (GATES)
Whereas, Mrs. Dee Dee Gates, 28545 Paseo Diana, has requested approval
of Zone Variance 2000-01 to allow encroachments into the side, rear and front yard
setbacks on property located at 28545 Paseo Diana which is General Plan-designated
Medium Low Density (MLD) and classified as Single Famrly District (RS) on the Official
Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, 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
5 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 has considered the Environmental
Admrnistrator’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing
on February 23, 2000 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:
PC Resolution 00-02-23-m 2 February 23,200O
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. . Are there spew1 c~~~umstanc es aoolicable to the orooertv rncludrna size,
shape, topoaraphy. location, or surroundinas so that the strict apolication of
the Code would deorive the oroperty of privileaes enioved bv other orooerties . . . . . . in the vrcrnlty and with the same 7onina classtflcation?
There are special circumstances in that the lot is very irregularly shaped
which prevented the building from being constructed along straight lines with
the property lines without creating odd shaped rooms. Adding on to the
house presents the same problem and requires a stepped construction with
the resulting encroachment into the side yard setbacks.
The location of the property is also a special circumstance. The proximity of
Ortega Highway to the rear yard precludes development in that area due to
the high level of ambient noise from Ortega Highway, thus causing
development to be favored in the sideyard area.
. . Would the arantina of the variance con&&&e a grant of special privilew
inconsistent with the limitations on other properties in the vicinity and under
the same zonina?
The granting of the variance would not constitute a grant of special privilege
in that the lot is of such an irregular shape compared to the other lots on the
street that the variance becomes necessary in order to ensure that the
applicant has the same opportunity to developments his property as the
neighbors.
Will the variance result in development which is otherwise inconsistent with . . . . lthe provlslons of Title 9 of the Munlclpal Code ?
Except for the dimensions of the variance which are called out on the
submitted plans and in the draft resolution, the project conforms to all
provisions of the Title 9 of the Municipal Code.
Will the variance result in development which is inconsistent with the aoals,
policies, and objectives of the General Plan?
The variance will result in development which is consistent with the goals,
policies, and objectives of the General Plan.
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PC Resolution 00-02-23-xx 3 February 23,200O
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 Aoorovd
1. Project plans submitted for building plancheck shall be in substantial
conformance with the plans submitted for variance review titled Gates
Residence Remodel by William Cook, Architect, dated December 20, 1999.
2. All proposed new or replacement windows on rear elevation, facing Ortega
Highway, must be dual-glazed to provide sound mitigation from ambient
noise on Ortega Highway.
EFFECTIVE DATE 4% 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, March 9,
2000. This project approval shall be valid for a period of 2 years from the date of approval
of this resolution, and shall expire on February 23, 2002 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 23rd day of February, 2000.
Thomas Tomlinson, Acting Zoning Administrator
(C \OFFICE\WPWIN\WPDOCS\CP\GATES ZAR)