ZA Resolution-19-01-16-01ZA RESOLUTION NO. 19-1-16-01
ZONE VARIANCE {ZV) 18-005
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A
ROOM ADDITION (BREAKFAST NOOK) TO ENCROACH 2 FEET 9
INCHES INTO THE 20-FOOT MINIMUM SIDE YARD SETBACK AT
27031 VISTA POINT NORTH, ASSESSOR PARCEL NUMBER (APN)
650-501-08 (COLLINS RESIDENCE)
Whereas, John & Diane Collins, property owners requested approval of a
zone variance to encroach 2 feet 9 inches into the 20-foot minimum side yard setback;
and
Whereas, the Property is General Plan designated "Very Low Density"
and is designated "Residential/Agriculture" 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 1 categorical exemption, and will cause
the Notice of Exemption to be posted pursuant to Section 15061 ( d) of the CEQA
Guidelines; and,
Whereas, the Zoning Administrator conducted a duly noticed public
hearing on January 16, 2019 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 15301 ("Existing Facilities"). The project
is consistent with Section 15301 because the proposed project includes an addition to
an existing single-family structure that will not result in an increase of more than 50%
of the floor area. A Notice of Exemption (NOE) will be posted should the project
receive final approval.
Section 2. Zone Variance Findings.
1. There are special circumstances applicable to the property, including size,
topography, shape, location and surroundings, such that the strict application
of this Code would deprive such property of privileges enjoyed by other
properties in the vicinity and under the identical zoning classification. The
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subject property is located within the Residential/Agriculture District which
requires that lots within the District have a minimum side yard setback of 20
feet and a minimum front yard setback of 150 feet. The subject property is
composed of very steep terrain. The existing house and surrounding usable
yard areas are located on a relatively flat pad adjacent to the side property line
subject of this variance. Due to the current location of the house relative to
the side and front property lines, a reasonable expansion to the existing
kitchen requires encroachment into the side yard setback. The strict
application of the code would deprive the property owner from enjoying the
property and would deprive the opportunity to add a small breakfast nook.
2. The granting of Zone Variance 18-005 will not constitute a grant of special
privileges; rather, it will allow the property to enjoy comparable development to
that permitted for other properties in the vicinity and zone district. Other
properties in the vicinity and the same zone district also encroach into the
minimum required setbacks.
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
Residential/Agriculture District, other than the variance to grant the side yard
encroachment, as well as all provisions of the General Plan. The allowable
land use is Very Low Density Residential which allows a single family house
on the lot and the variance will not change the existing land use of the site.
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. The amount of
encroachment is approximately 15 square feet in area. The encroachment
varies up to a maximum of 2 feet 9 inches at a single point. The residence will
continue to maintain substantial setback from the subject side property line.
Furthermore, location of the breakfast nook is approximately 75 feet from the
nearest neighboring house. This affords greater separation than the minimum
code requirement which is 40 feet (20 foot side setback for each parcel).
Therefore, the extent of the variance will not be detrimental to the public
health, safety or welfare or be injurious to other properties in the area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 18-005 subject to those conditions
contained in Exhibit "A," attached hereto and incorporated herein by reference.
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.
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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
appeal period ends Thursday, January 31, 2019 at 5:30 p.m. 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 January 31, 2020, 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 16th day of January, 2019.
Charles View, Zoning Administrator
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