ZA Resolution-20-01-29-01ZA RESOLUTION NO . 20-01-29-01
ZONE VARIANCE (ZV) 19-009
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A
MINIMUM 5'0" SIDE YARD SETBACK FOR A PROPOSED PATIO
COVER WHERE THE PACIFICA SAN JUAN COMPREHENSIVE
DEVELOPMENT PLAN 81-01 ZONING DISTRICT REQUIRES A
MINIMUM 9'0" SETBACK, RELATED TO AN APPROXIMATELY 400
SQUARE FOOT PATIO COVER IN THE REAR YARD OF AN EXISTING
SINGLE-FAMILY RESIDENCE AT 26590 PASEO INFINITA, ASSESSOR
PARCEL NUMBER (APN) 675-085-19 (DIAZ RESIDENCE)
Whereas, Norman S. Diaz, property owner requested approval of a zone
variance to reduce the side yard setback to 5"0" where the Municipal Code requires a
minimum of 9'0"; and
Whereas, the Property is General Plan designated 11 Planned Community 11
and is designated "Planned Community (Comprehensive Development Plan 81-
01 (CDP81-01))" 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 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 29, 2020 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 freestanding patio cover in the rear yard and
accessory to an existing single-family residence. 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 the
lot is irregularly shaped, creating a unique lot which require individual
consideration and accommodation for minor adjustment in development
standards. The lot is shaped more like a trapezoid than like a standard
rectangular lot-the lot shape widens from street to the rear of the property.
Placement of the freestanding patio cover consistent and compatible with the
layout of the existing single family residence, and in a manner to allow more
usable rear yard area, requires the proposed setback. Additionally, many
homes in Pacifica San Juan were constructed with similar 5'0" setback for
accessory structures.
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
property.
2. The granting of Zone Variance 19-009 would not constitute a grant of special
privileges; rather, it would 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 provide
accessory structures, such as patio covers, with 5'0" side yard setbacks.
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 Planned Community-
Comprehensive Development Plan 81-01 (CDP81-01) District that govern the
property, other than the variance to grant the reduced side yard setback, as
well as all provisions of the General Plan. The allowable land use is Planned
Community which allows a single family house and accessory structures 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 Planned Community 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 addition is compatible
with the rest of the neighborhood as there are several homes with similar
accessory structures in the vicinity.
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NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 19-009 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 shall become approved following expiration of the
fifteen (15) day appeal period without filing of a valid appeal application. The appeal
period ends Thursday, February 13, 2020 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 February 14, 2021 , 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 29th day of January, 2020.
Cha~strator
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