ZA Resolution-19-10-23-01ZA RESOLUTION NO. 19-10-23-01
ZONE VARIANCE (ZVl 19-004
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW THE
ESTABLISHMENT OF A 56% LOT COVERAGE RATIO WHERE THE
MUNICIPAL CODE PERMITS A MAXIMUM LOT COVERAGE RATIO OF
35% FOR A TWO-STORY STRUCURE, RELATED TO AN 830 SQUARE
FOOT SECOND-STORY ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE AT 26381 SHADYBROOK ROAD, ASSESSOR PARCEL
NUMBER (APN) 650-072-05 (MENDOZA RESIDENCE)
Whereas, Oscar Mendoza, property owner requested approval of a zone
variance to establish a 56% lot coverage ratio where the Municipal Code permits a
maximum lot coverage ratio of 35%; and
Whereas, the Property is General Plan designated "Medium High Density"
and is designated "Planned Community" 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 October 23, 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 would not result in an increase of more than
10,000 square feet in an area where all public services and facilities are available to
allow for the maximum development permissible in the General Plan and the project
area is not environmentally sensitive. A Notice of Exemption (NOE) will be posted
should the project receive final approval.
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Section 2. Zone Variance Findings.
1. There are special circumstances that are applicable to the property in that at
the time of the initial construction of Village San Juan (Tract 7387) the lots
were designed with an average lot size that ranged from 3,300-3,800 square
feet. A majority of the homes were constructed with zero lot lines. While these
properties with zero lot lines did comply with the development standards that
existed during the original construction of the tract, under the current zoning
designation and Policy Directive 05-02 that apply to the properties within
Village San Juan many of these properties do not meet the required
development standards.
The strict application of Section 9-3.301 would deprive the applicant of
privileges enjoyed by other properties within the surrounding development by
not allowing the residence to make reasonable additions to the existing
structure. A similar Zone Variance (ZV) was granted to a property in the same
neighborhood in 2005 via ZV 05-10.
2. The granting of Zone Variance 19-004 wou ld not constitute a grant of special
privileges; rather, it would allow the property to enjoy comparable
deveJopment to that permitted for other properties in the vicinity and zone
district. Other properties in the vicinity and the same zone district also exceed
lot coverage.
3. Granting of the variance would not result in development which is otherwise
inconsistent with the provisions of the Land Use Code or the General Plan
because the project would not result in any new non-conformities with the
applicable development standards for the RG-4,000 District that govern the
property, other than the variance to grant the increased lot coverage, as well
as all provisions of the General Plan. The allowable land use is Medium High
Density Residential which allows a single family house on the lot and the
variance would not change the existing land use of the site.
4. The granting of this variance would not result in a development which is
inconsistent with the goals, policies, and objectives of the General Plan. This
project corresponds to the General Plan Land Use Goal 7: Enhance and
maintain the character of neighborhoods. The General Plan designates the
property as Medium High Density residential and the proposed project would
be compatible with the surrounding areas pattern of development and would
retain the neighborhood character and style. Therefore, the extent of the
variance would not be detrimental to the public health, safety or welfare or be
injurious to other properties in the area. The proposed second-story addition is
compatible with the rest of the neighborhood as there are several homes with
existing second-stories in the vicinity.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 19-004 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.
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, November 7, 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 November 7, 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 23rd day of October, 2019.
Charles View, Zoning Administrator
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