ZA Resolution-19-09-11-01ZA RESOLUTION NO. 19-09-11-01
ZONE VARIANCE (ZV) 19-006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO THE
REQUIRED 20'-0" SIDE YARD SETBACK, ALLOWING A 5'-0" SIDE
YARD SETBACK FOR AN ACCESSORY STRUCTURE AND A
VARIANCE TO THE REQUIRED 10'-0" SWIMMING POOL SIDE YARD
SETBACK, ALLOWING A 1'-8" SWIMMING POOL SIDE YARD
SETBACK AT AN EXISTING RESIDENCE LOCATED AT 30729 PASEO
ELEGANCIA ASSESSOR PARCEL NUMBER (APN) 650-392-13
(BRAKKE RESIDENCE)
Whereas, Steffenie Ellison, with DPS Permits, Inc, representing the property
owner James Brakke, requests approval of a zone variance to to reduce the minimum
side yard setback for accessory structures from 20'-0" to 5'-0" reduce the minimum side
yard setback for a pool from 1 O' -0" to 1 '-8" for a swimming pool accessory to an existing
residence located at 30729 Paseo Elegancia; and
Whereas, the property is General Plan-designated "2.0 Very Low Density"
and is designated "RSE-40,000" on the Official Zoning Map.
\fVhereas, 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 of Exemption to be posted pursuant to Section 15061 (d) of the CEQA
Guidelines which provides that "the notice shall not be filed with OPR or the county
clerk until the project has been approved;" and,
Whereas, the Zoning Administrator conducted a duly noticed public
hearing on September 11, 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.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator
of the City of San Juan Capistrano does hereby make the following findings:
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. The subject property is
currently legal non-conforming with respect to minimum lot area and existing
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setbacks to the structure and pool. The property is 26, 136 square feet whereas
the district minimum is 40,000 square feet, and the building setback and pool are
currently not meeting the required side yard setbacks. Furthermore, the property
has a 44% grade change from the retaining wall at the rear of the home to the
rear property line, making use of the area challenging.
Granting of the variance would allow the applicant to construct accessory
structures for the single family residence which are consistent with accessory
structures built on other properties in the vicinity and under the identical zoning
classification .
2. 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 because a number of the lots in this
area are already developed with similar setbacks which do not altogether adhere
to the development standards for the zone and the other lots were developed
with more conventional side and rear yard layouts making development of
accessory structures abiding by the setback requirements more feasible. The
granting of Zone Variance 19-006 will not constitute a grant of special privileges;
rather, it will allow the property to maintain comparable development of
accessory structures to those permitted for other properties in the vicinity and
zone district, and allow for development that is in scale with neighboring
properties.
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 RSE-
40, 000 Zone District, other than the variance proposed, including use (single
family residential), front and rear yard setbacks, and lot coverages, as well as all
provisions of the General Plan, including the Very Low Density designation.
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 setbacks
requested take into consideration the neighboring properties and attempt to
mitigate any potential impacts by allowing for development closer to the western
property line which is adjacent to vacant greenbelt which is owned by the
Marbella Home Owners Association which may only be developed as Open
Space Recreational. Furthermore, the property owner has received an allowance
to encroach into an adjacent property owned by the Marbella Home Owners
Association for the land immediately adjacent to 30729 Paseo Elegancia
(ranging from 12' to 40' outside the property line), which provides exclusive rights
of the land to the property owner of 30729 Paseo Elegancia.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves the project subject to the following conditions:
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1. Consistency with Approved Plans. The project shall be constructed in
accordance with all the approved plans and conditions of approval, including but
not limited to site plans and floor plans. If all improvements cannot be installed
prior to occupancy, the City may approve a Deferred Improvement Agreement to
defer the completion of the improvements provided that a bond, cash deposit, or
other surety in a form and substance approved by the City Attorney, is submitted
to the City in lieu of installation of the improvements, that application and
required fees are submitted, and that the incomplete improvements will not
create an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner.
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 5:00 p.m. on Thursday, September 19,
2019. This project approval shall be valid for a period of one year from the date of
approval of this resolution and shall expire on September 11, 2019, unless a time
extension request has been submitted to the City; or a building/grading permit
application has been submitted to the City.
PASSED, APPROVED AND ADOPTED this 11th day of September, 2019.
Charles View, Zoning Administrator
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