ZA Resolution-99-05-05-01/
Z.A. RESOLUTION NO. 99-5-5-l
ZONE VARIANCE (ZV) 99-04
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 FIFTEEN FOOT (15’) REAR YARD
SETBACK IN THE (RS) SINGLE FAMILY RESIDENCE ZONE DISTRICT FOR THE
RESIDENCE LOCATED AT 28312 VIA FERNANDO AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 664-093-13 OR LOT 26, TRACT
9786. (ZONE VARIANCE 99-04)
WHEREAS, Frank and Renee McDowell, 283 12 Via Fernando, San Juan Capistrano, CA
92675 have requested approval of Zone Variance 99-04 to allow an encroachment of ten feet (10’)
into the rear yard setback, where a twenty-five foot (25’) rear yard setback is required for the
residence located at 283 12 Via Fernando, San Juan Capistrano, CA 92675 which is General Plan-
designated “ 1 1, Very Low 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,
L 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 283 12 Via
Fernando. The lot is unique in that the shape of the parcel is in the form of a peninsula with street
frontage on three of its four sides This type of lot is the only one of its’ kind within the surrounding
development, and does not retain the same privileges enjoyed by other properties in the vicinity and
under identical zoning classification In addition it should be noted that the house shares its’ rear
yard with the neighboring side yard, where typically properties share side yards The development
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ZA Resolution 99-5-5- 1 -2- Mav 5. 1999
standards listed in Municipal Land Use Code Section 9-3 424 for the (RS) single family residence
zone district establishes side yard setbacks at ten feet (10’)
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. The proposed variance is necessary for the preservation and enjoyment
of privileges enjoyed by other properties in the surrounding development in that other properties are
not limited by unique lot configuration that restricts the ability of the owners to make additions to
their residences Approval of this variance is necessary for the owners of the property to make
reasonable additions.
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
very low density residential use, and the proposed project will maintain a single family residential
usethat does not increase the density
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of
San Juan Capistrano does hereby approve the issuance of Zone Variance 99-04, 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
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become final
fifteen (15) days following Zoning Administrator action, and becomes effective beginning May
20,1999
PASSED, APPROVED, AND ADOPTED this 5th day of May, 1999
Wham A Ramsey, AI&‘, Zoning
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