ZA Resolution-99-01-27-01ZA RESOLUTION NO. 99-1-27-1
ZONE VARIANCE NO. 98-08
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFTRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING FRONTYARD AND SIDEYARD VARIANCES ON A LOT LOCATED AT
30742 HILLTOP WAY, LOT 10 OF TRACT 9030, ZONE VARIANCE 98-08 (MEYLING).
Whereas, Albert & Connie Meyling, 33542 Valle Road, San Juan Capistrano,
California, 92656, have requested approval of a zone variance to allow a fourteen foot, two inch (14’-
2”) side yard setback where twenty foot (20’-0”) is required and a twenty foot (20’-0”) front yard
setback where thirty foot (30’-0”) is required, in the Small Farm (RA) Zone District, for a 2 5 acre
lot located at 30742 Hilltop Way, Lot 10 of Tract 9030, and,
Whereas, the proposed project has been processed pursuant to Section 9-2 405,
Zonmg Admmistrator 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
January 27, 1998 pursuant to Section 9-2 3 13 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 it is located on a cul-de-sac
with the front yard located on the curve of the cul-de-sac so that the street takes up more of
the front yard than it would on a straight section of the street In addition it should be noted
there is a relatively small portion of the lot that is build able without requiring an extensive
amount of grading due to the substantial areas of natural slope The CC&Rs for the tract
require a minimum 4,500 square foot house to be built on the lot and the size of the house,
coupled with the constraints of the topography of the lot, make the required setbacks
problematic Three other lots on the street have received variances to build in the front yard
setback, 30592, 30701, and 30621 Hilltop Way
2. The granting of the variance will not constitute a grant of special privileges, rather it will
allow the property to be developed consistent with the CC&Rs for the tract and consistent
with the hillside grading ordinances of the Municipal Code, and policies of the General Plan
. .
ZA Resolution 99- l-27- 1 -2- Januarv 27. 1999
3 The variance will not result m development which is inconsistent with the provisions of
Title 9 of the Municipal Code other than for the above stated encroachment.
4. The 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 very low
density resrdentral use and the variance would allow low density single family dwelling
development.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Admmistrator of the City of San Juan Capistrano does hereby approve Zone Variance 98-08, subject
to the following condition
1 The variance shall be in conformance with the project plans entitled “Grading Plan, Lot 10,
Tract 9030, Albert & Connie Meyling” dated January 6, 1999 and submitted with this
application
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
final fifteen (15) days following Zoning Administrator action, and becomes effective beginning
February 12, 1999
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PASSED, APPROVED AND ADOPTED this 27th day of January, 1999
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William A Ramsey, AIC