ZA Resolution-99-12-15-01Z.A. RESOLUTION NO. 99-1 Z-15-1 -
ZONE VARIANCE (ZV) 99-10
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 AN ENCROACHMENT OF FOURTEEN FEET FIVE
INCHES (14’5”) INTO THE FRONT YARD SETBACK, WHERE A TWENTY FOOT (20’)
SETBACK IS REQUIRED IN THE (RS) SINGLE FAMILY RESIDENCE ZONE DISTRICT
FOR THE RESIDENCE LOCATED AT 31312 PASEO NOGAL AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 649-042-31 OR LOT 12, TRACT
5947. (ORTEGA)
WHEREAS, William Ortega 31312 Paseo Nogal, San Juan Capistrano, CA
92675 has requested approval of Zone Variance 99-10 to allow an encroachment of fourteen
feet five Inches (14’5”) into the front yard setback, where a twenty foot (20’) front yard
setback is required. The project site is General Plan-designated “1.4, Medium Density
Residential,” and classified as ‘IRS” (Single Family Residential) on the Official Zoning Map;
and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2 405, Zonrng 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 built swimming pools and spas within the currently established setback area.
Strict application of this code would deprive the applicant of privileges enjoyed by other
properties within the surrounding development by not allowing the residence to make
additions to the existing property in the form of a pool and spa.
2. The granting of the variance will not constitute a grant of special privilege in that during
construction of the tract, structures were built within what is currently considered the rear
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ZA Resolution 99-12-15-l -2- December 15. 1999
- yard setback. It should also be noted that the Zoning Codes that existed during original
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 front 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
nerghborhoods character and style.
NOW, THEREFORE, BE IT RESOLVED, that the Zonrng Administrator of the
City of San Juan Capistrano does hereby approve the issuance of Zone Variance 99-10,
subject to the following conditions:
1 The applicants grading and building permit plans shall be in substantial compliance with
the zone variance exhibits, subject to review and approval by the Zoning Administrator.
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t
2 The applicant shall secure all applicable building permits for construction of the proposed
pool and spa as required by the Building Official.
3. The applicant shall either relocate all filter, heating, and other pool support equipment to
a location no closer than twenty (25’) feet from any neighboring dwelling, or shall place
such equipment within a building, underground vault, or other enclosure which the
Director determines provides effective noise and vibration damping. The Director may
require an acoustic analysis of the proposed noise attenuation.
4 The applicant’s building permit plans shall be in compliance with Section g-3.606
“Swimming pools, whirlpools, and spas” of the San Juan Capistrano Municipal Code.
5 Consistent with City policy, the applicant shall ensure that all building permit plans are
reviewed, and acted on by the Home Owners Association (HOA) review board prior to
submission for plan check by the City of San Juan Capistrano Building Department.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
final fifteen (15) days following Zoning Administrator action, and becomes effective
beginning December 30, 1999.
PASSED, APPROVED, AND ADOPTED this 15th day of December, 1999.
WiNam A. Ramsey, AICF, Zoni inistrator
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