ZA Resolution-98-12-09-02ZONING ADMINISTRATOR RESOLUTION NO. 98-12-9-2
ZONE VARIANCE 98-06
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 12 FOOT TO 21.7 FOOT REAR YARD SET
BACK WHERE 20 FEET IS REQUIRED, AND ALLOWING A GARAGE MEASURING 24
FEET WIDE BY 21 FEET DEEP WHERE 19 FEET WIDE BY 22 FEET DEEP IS
REQUIRED FOR A LOT LOCATED AT 31412 LA CALERA AND MORE PRECISELY
REFERRED TO AS LOT 10, TRACT 808, (BEARDSLEE).
Whereas, the applicant, Jerri Beardslee, has requested approval to reduce the rear yard
setback for a manufactured house to be located at 3 14 12 La Calera from 20 feet to a minimum of 12
feet and has requested approval to reduce the size of the garage at said address from 19’ by 22’ to 24’
by 2 1’) 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 15305 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 Zoning Administrator has considered the Environmental Administrator’s
determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA), and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing 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
City of San Juan Capistrano does hereby make the following findings.
1. There are special circumstances applicable to the property in that the lot is considerably
smaller than is required for the district (legal non-conforming). The Garden Home District
(RD) requires a minimum lot size of 10,000 square feet, the applicant’s lot is 5500 square
feet. Although it is considered a legal nonconforming lot the reduced lot size significantly
restricts the development potential of the lot. In addition to the above mentioned
constraint, the northerly lot line is 100 feet long and the parallel side lot line is 120 feet
ZA Resolution 9% 12-9-2 -2- December 9, 1998
long. This situation is caused by a 20 foot shortening of the northerly lot line after an
acquisition by CalTrans for the I-5 right of way. The foreshortened property line results
in an angled rear property line and makes it difficult to conform to the rear yard setback
without significantly restricting the size of the house.
2. The granting of the variance will not constitute a grant of special privileges, rather it will
allow the property to maintain a similar front yard setback as that permrtted for other
properties in the vicinity and zone district. The applicant has provide staff with a letter
endorsed with the signatures of thirteen residents on the block approving the project.
Seven of the thirteen were confirmed as homeowners on the street based on Assessor’s
Parcel Roles.
3. The variance will not result in development which is inconsistent with the provisions of
Title 9 of the Municipal Code other than for the above stated encroachment. The project
will meet the Municipal Code standard for open area on the lot.
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 medium
high density residential use and the variance would allow medium high density single
family dwelling development.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby confirm a categorical exemption and
approves the project subject to the following conditions of approval
Conditions of Aunroval
1 Prior to issuance of a building permit the applicant shall submit a plan for a permanent
foundation system, approved by the State of California Department of Housing and
Community Development, and approved by the City Building Official
2 All eaves and gable end must measure must measure no less than 12” measured from
the vertical side of the unit Any overhang of less than 12” must be approved by the
Planning Commission
3 Final plans submitted for plan check shall be consistent with plans submitted for
development review
.
ZA Resolution 9% 12-9-2 -3- December 9, 1998
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall be
effective beginning December 24, 1998 for a period of 2 years from the date of approval of this
resolution and shall expire on December 9, 2000
PASSED, APPROVED AND ADOPTED this 9th day of December, 1998,
William A Ramsey, Zoning A
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