ZA Resolution-98-07-22-01ZA RESOLUTION NO. 98-7-22-1
ZONE VARIANCE NO. 98-03
A RESOLUTION OF THE ZONING ADMTNISTR4TOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A VARIANCE TO ALLOW .4 SEVENTEEN AND ONE HALF FOOT (17.5’)
FRONT YARD SETBACK IN THE SMBLL FARM (R4) ZONE DISTRICT, FOR A 2.66
ACRE LOT LOCATED AT 30621 HILLTOP VVAY, LOT 2, TRACT 9030. ZONE
VARIANCE 98-03, (LAVACOT).
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 .4ct (CEQA) and issued a categorical
exemption and caused a Notice of Exemptron to be posted pursuant to the City’s Environmental
Review Guidehnes, and has otherwise comphed with all applicable provisions of the California
Envn-onmental Quality Act (CEQA) , and,
Whereas, the Zoning Administrator conducted a duly noticed public hearing on July
22, 1998 pursuant to Section 9-2 3 13 of the Municrpal 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 findmgs
1. There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings such that the strict application of this code
would deprive such property of privileges enjoyed by other properties in the vicinity
and under identical zoning classification.
There are special circumstances applicable to the property in that the lot has a fairly small
buildable pad in the front and a large sloped area fallmg off to a canyon in the rear. The
CC&R’s for the tract requrre a minimum 4,500 square foot house to be built on the lot and
the srze of the house coupled with the constramts of the topography of the lot make the
requrred setbacks problematic. Two other lots on the street have received variances to
budd In the front yard setback, 30592 and 30701 Hrlltop Way.
ZA Resolution 96-8- 12- 1 -2- July 22, 1998
2. The granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district
in which such property is situated.
The granting of the variance will not coristitute a grant of special privileges, rather it will
allow the property to be developed consistent with the CC&R’s for the tract and consistent
the hillside grading ordinances of the Municipal Code.
3. The variance will not result in development which is otherwise inconsistent with
the provisions of Title 9 of the Municipal Code.
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.
4. The variance will not result in development which is inconsistent with the goals,
policies and objectives of the General Plan.
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 residential use and the variance would allow low density single family dwelling
development.
-
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Adrnmistrator of the City of San Juan Capistrano does hereby approve the Issuance of Zone Variance
98-03, subject to the following condition
1 The variance shall be in conformance with the project plans entitled “Site Plan, Lot 2, Tract
9030, Robert Lavacot” dated June 25, 1998 and submltted with this application
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become
final fifteen (15) days following Zoning Administrator action, and becomes effective begmnmg August
6, 1998.
PASSED, APPROVED AND ADOPTED this 22nd day of July, 1998