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: