ZA Resolution-00-04-05-01ZA RESOLUTION NO. 00-4-5-I
ZONE VARIANCE 00-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND
APPROVING AN EIGHT FOOT (8’) HIGH CHAIN LINK FENCE WITH ONE FOOT (1’)
HIGH BARBED WIRE ABOVE FOR A FIFTEEN (15) ACRE PARCEL LOCATED AT
29372 TRABUCO CREEK ROAD AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER(S) 650-012-01 (HAND).
Whereas, Jehu Hand, 29372 Trabuco Creek Road has requested approval
of Zone Variance 00-02 to allow an 8’ high chain link fence with 1’ of barbed wire above on
property located at 29372 Trabuco Creek Road which is General Plan-designated LD, Low
Density Residential and classified as Growth Management (GM) 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 b Section 15062 of the CEQA Guidelines and has otherwise complied with all applicable
provistons of the California Environmental Quality Act (CEQA); and,
Whereas, the Zoning Administrator has considered the Environmental
Administrator’s determination pursuant to Section 15074 of the Californra Environmental
Qualtty Act (CEQA); and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing
on April 5, 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 frndlngs.
(4 There are special circumstances applicable to the property including, location
and 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 because the property is bordered on the north by
the Ranch0 Mission Viejo gravel quarry, on the west by the Village San Juan
development RV Storage Yard, and on the east by the remainder of the
PC Resolution 00-4-S-l 2 April 5,200O
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applrcant’s 15 acre parcel. The boundary between the RV storage yard and
the applicant’s property is marked by a 5’6” brick wall topped by chain link up
to a total height of approximately 8.5’, above which is another 1’ of barbed
wire for a total height of 9 5’.
Considering the fence at the RV storage yard and the other uses bordering
the applicant’s property staff concludes that a strict application of the code
would deprive the applicant of privileges enjoyed by other properties in the
vicinity (Village San Juan) This would apply even though the two properties
are not under identical zoning classifications, since the fence height
standards are the same for both districts.
The granting of the variance would not constitute a grant of special privilege
Inconsistent with the limitations on other properties In the vicinity and under
the same zoning as there are no other propertles in the vicinity that are under
the same zoning classification.
The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code because it will comply
with all other applicable provisions.
The variance will not result in development which is inconsistent with the
goals, policies, and objectives of the General Plan because the proposed
structure and its use are consistent with the Land Use designation of the
property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Admlnlstrator of the City of San Juan Capistrano does hereby confirms issuance of a
categoncal exemption and recommends approval of the project subject to the following
conditions of approval:
Conditions of Approval
1 The applicant will install a “daisy chain” lock system on the entry gate, to the
satlsfactlon of the City of San Juan Capistrano Water Department, to
facilitate City entry to the property for purposes of water testing.
.
PC Resolution 00-4-5-l 3 Aprd 5,200O
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 5:00PM, Thursday, April 20th,
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 April 5th, 2002 a time extension request or building
permit application related to this discretionary approval is submitted to the City prior to that
date.
PASSED, APPROVED AND ADOPTED this 5th day of April, 2000, by the
following vote, to wit:
(C \OFFICE\WPWIN\WPDOCS\CP\HAND ZAR)