ZA Resolution-00-12-20-01ZA RESOLUTION NO. 00-12-20-I
ZONE VARIANCE 00-08
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 A FRONT YARD SETBACK OF TEN FEET (10’)
FOR A NEW SINGLE FAMILY RESIDENCE IN THE SINGLE FAMILY DISTRICT (RS) OF
THE CITY. THE PROPOSED FRONT YARD IS TEN FEET (IO’) WHERE THE REQUIRED
FRONT YARD IS TWENTY FEET (20’) FOR THE 6,766 SQUARE FOOT LOT LOCATED AT
31315 DON JUAN STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 124-201-23 (WAISNER)
Whereas, Don Lamar LLC, P.O. Box 2917, Capistrano Beach, CA 92624, has
requested approval of Zone Variance 00-08 to allow a front yard setback of ten feet (IO’),
where the Code requires 20 feet (20’) on property located at 31315 Don Juan which is General
Plan-designated Medium High Density (MHD) and classified as Garden Home Residential
District (RD) on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section g-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
w 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
Administrator’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
November 29, 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:
1. There are special circumstances applicable to the property regarding the
topography of the lot because the steep topography substantially restricts the
placement of the house, and the required twenty foot (20’) front yard setback
would not allow the proposed house to be suitably situated on the lot.
2. This variance would not constitute a special privilege because other properties
in the area have, historically, been developed with setbacks which are
substantially non-conforming due to the steep topography of the area
ZA Resolution 00-12-20-l 2 December 20,200O
3. Except for the reduced front yard setback, which would be allowed by the
variance, this action will not result in any inconsistency with the provisions of
Title 9 of the Municipal Code because development will otherwise comply with
the Garden Home (RD) District standards.
However, the reduced front yard eliminates the opportunity for off-street guest
parking on the driveway due to its shallow (10’) depth, and the driveway
eliminates existing on-street, parallel parking.
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 because
the General Plan designates the property for (MHD) Medium High Density
residential use, and the proposed project will result in single family use that does
not increase the density, and 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 Aooroval
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 single family residence as required by the 1999 UBC.
3. The project shall provide full frontage improvements with transitions along Don
Juan Avenue consistent with the City’s “way” street classification (26 foot
pavement width with 40 foot right-of-way) so as to provide on-street parking
without obstructing drive lanes subject to the satisfaction of the City Engineer.
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, January 4, 2001. This
project approval shall be valid for a period of 2 years from the date of approval of this
resolution, and shall expire on December 20, 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 20th day of December, 2000.
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William Ramsey, AICP, Zonin
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