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ZA Resolution-98-12-09-01ZA RESOLUTION NO. 98-12-9-1 LAND USE ADJUSTMENT 98-03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND APPROVING A ONE FOOT ENCROACHMENT INTO THE FRONT YARD SETBACK ON A PARCEL LOCATED AT 30141 SADDLERIDGE DRIVE AND MORE PRECISELY REFERRED TO AS LOT 117 OF TRACT 6381. (STOWELL) Whereas, Scott Stowell, the property owner and applicant, has requested approval of a land use adjustment to allow a nineteen (19’-0”) front yard setback whereas the Code requires a minimum twenty (20’-0”) front yard setback in the “RS” (single family residential) Zone District on an existing lot located at 30141 Saddleridge Drive, and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review 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 Class 5 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 Planning Commission conducted a duly noticed public meeting on December 9, 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 Crty of San Juan Capistrano does hereby make the following findings. 1. The proposed adjustment is the most practical solution in that the adjustment falls within the 10% allowable discretion of the Zoning and the only other alternative would be to take the roof off and re-build the front of the house. Also the encroachment is less than half that allowable by the Code, and the applicant has provided staff with the signatures of three impacted neighbors acknowledging and supporting the application. 2. The adjustment will not be injurious to, or adversely affect any adjoining property. A letter of explanation was submitted to the impacted neighbors and acknowledged by each in writing. - ZA Resolution 98- 12-9- 1 -2- December 9, 1998 - NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby conk-m issuance of a categorical exemption and approves the LUA 98-03 EFFECTIVE DATE & FINAL APPROVAL: This project approval shall be effective beginning December 24, 1998 and has no time period for expiration attached to it. PASSED, APPROVED AND ADOPTED this 9th day of December, 1998. qj!iD&ah- Wilxam A Ramsey, Zoning Ad C ~~P\i’IU6 1 \\:PDOCS,CP STOK’ELL ZAR