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
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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.
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William A. Ramsey, AICP, Zoni
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