ZA Resolution-98-09-09-01ZA RESOLUTION NO. 98-9-9-l
ZONE VARIANCE 95-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A THIRD, ONE
YEAR TIME EXTENSION OF A ZONE VARIANCE TO PERMIT FlVE
FOOT SIDEYARD SETBACKS WHERE TEN FEET ARE REQUIRED, AND
ALSO PERMTTTING TEN FOOT FRONT AND REAR SETBACKS WHERE
20 FEET ARE REQUIRED FOR A NEW SINGE FAMILY RESIDENCE AT
31305 ANDRES PICO ROAD (BRADFORD McNAMEE).
WHEREAS, the applicant, Bradford McNamee, 27621 Summer-field Lane, San Juan
Capistrano, CA 92675, has requested approval of a one year time extension of Zone Variance 95-02.
The project site is located at 3 1305 Andres Pica Road, within the Garden Home (RD) District and
is designated 1 5 (Medium High Density Residential) on the General Plan Map; and
WHEREAS, on June 2 1, 1995 the Zoning Administrator conditionally approved Zone
Variance 95-02, a variance to permit sideyard setbacks of five feet where ten feet are required, and
also to permit front and rear setbacks of ten feet where 20 feet are required, and
WHEREAS, on August 28, 1996 the Zoning Administrator conditionally approved a one
year time extension of Zone Variance 95-02; and
WHEREASon August 6, 1997 the Zoning Administrator conditionally approved a one year
time extension of Zone Variance 95-02; and
WHEREAS, this project has been processed and reviewed in accordance with the California
Environmental Quality Act (1970) and has been determined to be categorically exempt (Class 5) from
further environmental review. Class 5 exemptions include minor alterations to land use limitations.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator finds and
determines that the project complies with findings established by Section 9-2 304 (Variances and
Exceptions) of the Municipal Code as follows.
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 property in the vicinity
and under identical zoning classification in that he project site is 7,040 square feet,
which is approximately 3,000 square feet less than the current 10,000 square foot
minimum lot size required by the Municipal Code Furthermore, the project site
ranges in width from 26 feet to 53 feet, therefore when ten foot side yard setbacks are
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ZA Resolution No 98-9-9- 1 September 9, 1998
deducted from each side, the building pad would range in width from six feet to 23
feet, negating the possibility of constructing a functional residence. The proposed
ten foot setbacks at the front and rear of the site serve two functions, they increase
the buildable area of the site, and shorten the length of potentially steep driveways at
each frontage.
2 The granting of this variance will not constitute a grant of special privilege in that the
Mission Flats neighborhood is one of the oldest in the City, developed in the late
1920’s, and therefore has many residences which have been built to less stringent
standards than are in place today.
3 As conditioned the variance will not result in development which is otherwise
inconsistent with the provisions of Title Nine of the Municipal Code in that the
proposed massing plan indicates a residence which is consistent with the building
height requirements of the Municipal Code, and prior to the issuance of any building
permits, the applicant shall be required submit an open area plan consistent with the
requirements of the Municipal Code.
4 The proposed variance will not result in development which is inconsistent with the
General Plan in that the variance will permit the building of a single family residence
on property designated Medium High Residential on the General Plan Map
Furthermore, the applicant is proposing a “terraced” design which will provided a
series of horizontal masses stepping down the slope, consistent with the Community
Design Element of the General Plan, rather than a large vertical mass.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano approves a one year time extension of ZV 95-02, permitting
sideyard setbacks of five feet where ten feet are required, and also permitting front and rear setbacks
of ten feet where 20 feet are required subject to the following condition
1 Prior to the issuance of any building permit the applicant shall submit the following
information for review and approval by the Planning Director:
a An open area exhibit indicating a minimum of 30% open area for the project site
b Landscape plans for the two street frontages which indicate a combination of
landscape elements which visually buffer the residences from the public right-of-way
ZA Resolution No. 9%9-9- 1 September 9, 1998
TERMS OF APPROVAL. This action shall not be deemed final until 15 days after the date
of this resolution, and shall become null and void three years subsequent to the date of the original
approval (July 12, 1999) unless building permits are issued to begin construction consistent with this
variance. Any aggrieved party may appeal any part of this action to the City Council within said 15-
day period by doing so in writing to the City Clerk.
Q4a!zth
WILLIAM RAMSEY, AICP, ZONING
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