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ZA Resolution-99-10-27-01Z.A. RESOLUTION NO. 99-10-27-I ZONE VARIANCE (ZV) 99-09 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 SEVENTEEN FOOT SIX INCH (17’6”) REAR YARD SETBACK IN THE (RS) SINGLE FAMILY RESIDENCE ZONE DISTRICT FOR THE RESIDENCE LOCATED AT 31212 PASEO ACACIA AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 649-041-01 OR LOT 51, TRACT 5947. (ALZAMORA) WHEREAS, Phyllis and Antonio Alzamora 31212 Paseo Acacia, San Juan Capistrano, CA 92675 have requested approval of Zone Variance 99-09 to allow an encroachment of seven feet six inches (7’6”) into the rear yard setback, where a twenty-five foot (25’) rear yard setback is required. The project site is General Plan-designated “1.4, Medium Density Residential,” and classified as “RS” (Single Family Residential) on the Official Zoning Map; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.405, Zoning Administrator procedures 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 categorical exemption and caused a Notice of Exemption to be posted pursuant to the City’s Environmental Review Guidelines, and has otherwise complied with all applicable provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on October 27, 1999 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 in that at the time of initial construction there were zero lot lines established, and a majority of the single family residences were built with in the currently established setback area. Strict application of this code would deprive the applicant of privileges enjoyed by other properties with in the surrounding development by not allowing the residence to make additions to the existing structure. 2. The granting of the variance will not constitute a grant of special privilege in that during construction of the tract, structures were built with in what is currently considered the rear yard setback. It should also be noted that the Zoning Codes that existed during original - C \OFFICE\WPWIN\WPDOCS\CURREN-l-VdZAMORA RES ZA Resolution 99-l O-27-1 -2- October 27, 1999 construction of the tract allowed for zero lot lines. Approval of this variance is necessary for the owners of the property to make reasonable additions, and obtain the same privileges already enjoyed by surrounding properties. 3. Except for the reduced rear yard setback area which would be allowed by the variance, this action will not result in any inconsistencies with the provisions of Title 9 of the Municipal Code. 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 medium density residential use, and the proposed project will maintain a single family residential use that does not increase the density. Furthermore, the project will be compatible with the surrounding areas pattern of development, and will retain the neighborhoods character and style. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby approve the issuance of Zone Variance 99-09, subject to the following conditions: 1. The applicant’s grading and building permit plans shall be in substantial compliance with the zone variance exhibits, subject to review and approval by the Zoning Administrator. 2. The applicant shall ensure that additions to be constructed are consistent with the architectural design standards found throughout the surrounding development. 3. The applicant shall ensure that all building permit plans are reviewed, and stamped acted on by the Home Owners Association (HOA) discretionary review board prior to submission for plan check by the City of San Juan Capistrano Building Department. 4. The applicant shall secure all applicable building permits for construction of the proposed additions as required by the Building Official. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become final fifteen (15) days following Zoning Administrator action, and becomes effective beginning November 12,1999. PASSED, APPROVED, AND ADOPTED this 27th day of October, 1999. &&&a-; William A. Ramsey, AICP, Zoni C DFFICE\WPWIN\WPDOCS\URRENT’ALZAMORA.RES