ZA Resolution-00-04-12-01ZA RESOLUTION NO. 00-04-12-I
ZONE VARIANCE 00-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION
APPROVING A VARIANCE APPLICATION IN ORDER TO CONSTRUCT A 279 SQUARE
FOOT LATTICE PATIO COVER IN THE WESTERLY SIDE YARD OF THE PROPERTY
AT 30291 MARBELLA VISTA. THE VARIANCE WOULD ALLOW A REDUCTION IN THE
SIDE YARD SETBACK FROM TEN FEET (10’) TO THREE FEET (3’) FOR A 9,600 SQ.
FOOT LOT REFERRED TO AS ASSESSORS PARCEL NUMBER 650-612-01 (HINES).
Whereas, James and Lois Hines, 30291 Marbella Vista, San Juan
Capistrano, CA., 92675 have requested approval of a variance to allow a 279 square foot
lattice patio cover to encroach seven (7) feet Into the required ten (10) foot side yard
setback on property located at 30291 Marbella Vista which is General Plan-designated
MD, Medium Density, 3.5 to 5 dwelling units per acre and classified as Planned
Community (PC) 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 Admrnrstrator conducted a duly noticed public hearing
on April 12, 2000 pursuant to Section 9-2.313 of the Munrcrpal Code to consider public
testimony on the proposed project, and no persons attended the hearing to express
opposition or support for the project.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the
City of San Juan Capistrano does hereby make the following findings
(4 There are special circumstances applicable to the property including location
so that the strict application of the Code would deprive the property of
privileges enjoyed by other properties in the vlcinlty and with the same
zoning classification because the side yard where the patio structure IS
proposed is adjacent to the 15th green of the golf course, which would
provide over 100 feet of separation between the patio cover and the nearest
residence. Furthermore strict application of the Code would deprive the
property of privileges enjoyed by other properties in the vicinity and under the
PC Resolution 00--4-l 2-l 2 April 12,200O
-
(4
(c)
W
same zoning because Lot 156, located at 30542 Marbella Vista, was granted
a similar variance in 1997.
Granting 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 because the circumstances of the property are unique when
compared with other residential lots in the vicinity.
The variance will not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Munrcipal 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
Administrator of the City of San Juan Capistrano does hereby confirm issuance of a
categorical exemption and approves the project subject to the following conditions of
approval.
Conditions of Approval
1. The project’s building pen-nit plans shall substantially conform to the variance
plans subject to Zoning Administrator approval.
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 27,
2000. This project approval shall be valid for a period of two years from the date of
approval of this resolution, and shall expire on April 12, 2002 unless 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 12th day of April, 2000.
(tIya& a-- .
William Ramsey, AICP, Zoni
(C \.OFFICE\WPWIN\WPDOCS\CP\HlNES ZAR)