ZA Resolution-99-05-19-01Z.A. RESOLUTION NO. 99-5-19-1
ZONE VARIANCE (Zv) 99-02
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 ZERO FRONT YARD SETBACK IN THE (RS)
SINGLE FAMILY RESIDENCE ZONE DISTRICT FOR THE RESIDENCE LOCATED AT
31182 PASEO AMAPOLA AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 649-041-16 OR LOT 37, TRACT 5947. (COOPER)
WHEREAS, Clifford and Louisa Cooper, 3 1182 Paseo Amapola, San Juan Capistrano, CA
92675 have requested approval of Zone Variance 99-02 to allow an encroachment of twenty feet
(20’) into the front yard setback, where a twenty foot (20’) setback is required for the residence
located at 3 1182 Paseo Amapola which 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 May
5, 1999 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 related to the shape and location of the lot located at 3 1182
Paseo Amapola. The lot is unique in that the is configured in a manner that places the house on the
right comer of a cul-de-sac road The rectangular shaped lot is laid out at a 90 degree angle from
the centerline of the roadway. Due to the nature of the lot design, the established front yard has
been determined to be the area typically considered as a side yard Strict application of this code
would deprive the applicant of the privileges enjoyed by other properties within the surrounding
development by not allowing a zero front yard setback that was established during initial
construction
C \WPWIN60\WPDOCSXXRRENTRES COO
.- 4 *
ZA Resolution 99-5- 19- 1 -2- Mav 19. 1999
2 The granting of the variance will not constitute a grant of special privilege in that the
circumstances of the property are unique when compared with other residential lots in the
surrounding development It should also be noted that the Zoning Codes that existed during the
original construction of the tract allowed for a zero (0) front yard setback. Approval of this variance
is necessary for the owners of the property to make reasonable additions
3 Except for the reduced front yard setback 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 a Zone Variance 99-02, subject to the
following conditions
1. The applicant shall ensure that additions to be constructed are consistent with the architectural
design standards found throughout the surrounding development.
2 The applicant shall secure all applicable building permits for construction of the proposed
additions as required by the Building Official
3. 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
4. The applicant shall ensure that all building permit plans are reviewed, and stamped approved by
the Home Owners Association (HOA) discretionary 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 June
03,1999
PASSED, APPROVED, AND ADOPTED this 19th day of May, 1999
William A Ramsey, AICP, Zoning A
C \WPWI?;60:WPDOCS:.CL-RRENTsRES COO