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ZA Resolution-18-07-25-01ZA RESOLUTION NO. 18-07-25-01 ZONE VARIANCE (ZV) 18-001 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A SIX- FOOT ENCROACHMENT INTO THE REQUIRED SIXTEEN-FOOT REAR YARD SETBACK FOR A DETACHED ACCESSORY STRUCTURE GREATER THAN 450 SQUARE FEET AND A TEN-INCH REDUCTION OF THE REQUIRED SIX-FOOT SEPARATION BETWEEN A DETACHED ACCESSORY STRUCTURE AND THE MAIN BUILDING AT 31341 ANDRES PICO ROAD, ASSESSOR PARCEL NUMBER (APN) 124-201- 30 (GRIFFIN RESIDENCE) Whereas, property owners Gary and Robin Griffin request approval of a zone variance to allow a six-foot encroachment into the required sixteen-foot rear yard setback for a detached accessory structure greater than 450 sq. ft. and a ten-inch reduction of the required six-foot separation between a detached accessory structure and the main building at 31341 Andres Pico Road; and Whereas, the Property is General Plan designated "Medium High Density" and is designated "Mission Residential District (MRD) -4,000" on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301., General Review Procedures 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 determined that the project qualifies for a Class 3 categorical exemption, and will cause the Notice ot l:::xemption to be posted pursuant to Section 1bUo1 ( d) ot the Cl:::UA Guidelines; and, Whereas, the Zoning Administrator conducted a duly noticed public hearing on July 25, 2018 pursuant to Section 9-2.351 of the Municipal Code to consider public testimony on the proposed project and has considered all relevant public comments; and, NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby make the following findings: Section 1. CEQA. The project is Categorically Exempt from further review pursuant to State CEQA Guidelines sections 15303 ("New Construction of Small Structures"). The project is consistent with Section 15303 because the proposed project includes the construction of a new one-story 609 sq. ft. accessory structure, the conversion of an existing 134 sq. ft. storage room to a private chapel and the repair and modification to an existing office area attached to the rear of the garage in a residential zone. A Notice of Exemption (NOE) will be posted should the project 1 receive final approval. Section 2. Zone Variance Findings. 1. There are special circumstances applicable to the property, including 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. The subject property was developed in 1929 and is located with the Mission Residential District (MRD) - 4,000 which contains properties that were generally developed in the early-mid 1900's, pre-dating the City's Municipal Code. As a result, the immediate area surrounding the property was organically developed based on the topography of the land. This resulted in many of the surrounding parcels containing structures not conforming to the City's current development standards, including rear-yard setback requirements and the separation requirement between a detached accessory structure and the main building. Table 1 identifies five legal non- conforming rear-yard encroachments into the setback for main buildings or detached accessory buildings within the surrounding area and within the MRD- 4,000 zoning district. a e -ega on-on orming T bl 1 L IN C f ear ar e ac s R Y d S tb k Address Approximate Existing Rear Yard Setback 31422 El Camino Real 8'-6" 31319 Andres Pico Road 3'-3" 31331 El Homo Street 7' 31306 Don Juan Avenue 8' 31451 La Calera 2' Furthermore. Table 2 identifies five properties within the MRD-4,000 district have received variances to their rear yard setbacks. . T bl 2 Z a e -one v . anance A I t R S tb k ,pprova s 0 ear e ac Project# Address Approved Rear Yard Setback zv 76-13 31402 La Calera St. 14'-0" (6' reduction) zv 78-10 31376 Don Juan Ave. 14'-0" (6 ' reduction) zv 78-26 31461 La Calera St. 13'-6" (7'-6" reduction) zv 98-06 31412 La Calera St. 12' (8' reduction) zv 12-001 31492 La Matanza 1 O' (6' reduction) Based on the above, there are special circumstances applicable to the property, including 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. 2 2. Granting of the variance or minor exception 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 because a number of the lots in the vicinity and in the same zone district are already developed with similar rear-yard setbacks, as demonstrated by Table 1 and Table 2. The granting of Zone Variance 18-001 will not constitute a grant of special privileges; rather, it will allow the property to maintain comparable setbacks and separation between a detached accessory structure and the main building to those permitted for other properties in the vicinity and zone district. 3. Granting of the variance will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan because the project will meet all applicable development standards for the MRD- 4,000 Zone District other than the variance proposed, as well as all provisions of the General Plan, including the Medium High Density designation. Similar to other properties in the surrounding area, the variance process has been utilized for those properties requesting relief from the rear yard setback requirement. 4. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located as the proposed setback and separation requirement between a detached accessory structure and the main building requested take into consideration the neighboring properties and attempt to mitigate any potential impacts. The proposed accessory structure will comply with the front and side yard setback requirements, and therefore, the requested variance to the rear setback would only affect the property owner adjacent to the rear property line. The most immediate residential structure adjacent to the reduced rear property line setback is located approximately 115' from the proposed setback encroaching structure. Additionally, the property adjacent to the rear property line has mature vegetation on a steep slope that will reduce the visibility and impact ot the encroachment. While the adjacent neighbor to the east has a residential structure approximately 1 O' away from the proposed accessory structure, the accessory structure meets the code required 5-foot side yard setback from this neighboring property. Furthermore, the applicant has installed twenty-two fifteen-gallon sized Ficus Microcarpa Nitida "Column" trees along the two side property lines adjacent to the location of the proposed structure and four Cupressus Sempervirens "Italian Cypress" trees along the side property line adjacent to the garage. The newly installed Ficus trees currently have a height of approximately 7 .5' and have a mature height of up approximately 40' and the Italian Cypress trees currently have a height of approximately 12' and have a mature height of up to 60', which will help screen the proposed accessory structure from view and minimize its visibility from the public right-of-way and the adjacent easterly property. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator hereby approves Zoning Variance (ZV) 18-001 subject to those conditions contained in Exhibit "A," attached hereto and incorporated herein by reference. 3 CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.311 of Title 9, Land Use Code, this project approval shall become effective following expiration of the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen (15) day appeal period shall expire at 5:30 p.m. on Thursday, August 9, 2018. This project approval shall be valid for a period of one year from the effective date of approval of this resolution and shall expire on August 9, 2019, unless a time extension request has been submitted to the City or a building/grading permit application has been submitted and issued by the City. PASSED, APPROVED AND ADOPTED this 25th day of July, 2018. 4 Project#: Project Name: EXHIBIT A ZA RESOLUTION NO 18-07-25-01 CONDITIONS OF APPROVAL Zone Variance (ZV) 18-001 Griffin Residence APPROVAL DATE: July 25, 2018 August10,2018 EFFECTIVE DATE: These conditions of approval apply to Zone Variance (ZV) 18-001, a request to allow a six-foot encroachment into the required sixteen-foot 'rear yard setback for a detached accessory structure greater than 450 sq. ft. and a ten-inch reduction of the required six- foot separation between a detached accessory structure and the main building at 31341 Andres Pico Road (APN 124-201-30). Any proposed changes to this approval shall be submitted to the City Development Services Department, along with the required application and deposit or fee, for review. For the purpose of these conditions, the term "applicant" shall also mean the owner or any successor(s) in interest to the terms of this approval. Planning 1 . Zone Variance (ZV) 17-043 is granted to allow a six-foot encroachment into the required sixteen-foot rear yard setback for a detached accessory structure greater than 450 sq. ft. and a ten-inch reduction of the required six-foot separation between a detached accessory structure and the main building at 31341 Andres Pico Road (APN 124-201-30). Approval is granted based on the project plans submitted on July 16, 2018. The plans are approved as submitted and conditioned herein, and shall not be further altered unless reviewed and approved by the affected city departments. Minor modifications to this approval which are determined by the Development Services Director to be in substantial conformance with the approved plans, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Development Services Director upon submittal of an application and the required deposit or fee. If not appealed, this approval shall become effective on the first business day following the fifteenth (15th) day after the date of the Zoning Administrator's approval. 2. Approval of ZV 18-001 is contingent upon approval of GPM 18-003, which is required for proposed grading associated with the proposed project, and Administrative Approval of: the new one-story 609 sq. ft. accessory structure with a 347 sq. ft. basement living area and a 262 sq. ft. sitting room on the first floor with a 134 sq. ft. balcony; the conversion of an existing 134 sq. ft. storage room to a private chapel; and the repair and modification to an existing office area attached to the rear of the garage. Zoning Administrator Resolution 18-07-25-01 zv 18-001 Griffin Residence Final Conditions of Approval July 25, 2018 Page 2of3 3. Upon completion of the construction of the project, any disturbed landscaping shall be reinstalled to be consistent with the submitted landscape plan dated July 23, 2018. 4. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements. 5. That prior to permit issuance, if the project involves excavation of 18" or greater, the applicant shall submit to the Development Services Department documentation that a qualified archaeologist (defined as an archaeologist on the List of Certified Archaeologists for Orange County) has been retained, including a Native American observed sub-consultant, to monitor site clearing, grading, and excavation activities, stating the name, qualifications, and contact information for the archaeologist. 6. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 7. The applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the San Juan Capistrano Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City. 8. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. 9. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local Zoning Administrator Resolution 18-07-25-01 zv 18-001 Griffin Residence Final Conditions of Approval July 25, 2018 Page 3 of 3 agencies. The duty of inquiry as to such requirements shall be upon the applicant. Public Works 10. Prior to permit issuance, an Encroachment Permit is required for the truck haul route and traffic circulation plan related to construction activities in the public right-of-way. This includes truck hauling, traffic control, site ingress and egress, hours of operation in the right-of-way, street cleaning, etc. 11 . That site drainage shall be detailed on the final construction plans. Date of Approval: July 25, 2018 Resolution No.: 18-07-25-01 Effective Date: August 10, 2018 Applicant Acceptance of Conditions of Approval: l By: