Resolution Number 21-05-04-01' RESOLUTION NO. 21-05-04-01'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, APPROVING ZONE VARIANCE 21-001 AND CONFIRMING
ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING
A REQUEST FOR AN EXCEPTION TO THE RIDGELINE AND OPEN SPACE
PRESERVATION DISTRICT TO ALLOW FOR THE CONSTRUCTION OF A
COVERED PORCH ON AN EXISTING SINGLE-FAMILY RESIDENCE,
AT '30601 STEEPLECHASE DRIVE (APN 650-371-09) (APPLICANT:
RICK & KIMBERLY MERCIER)
Whereas, Rick and Kimberly Mercier have requested approval of ZV 21-
001 for an exception to the Ridgeline and Open Space Preservation District to allow for
the construction of a covered porch on their existing single-family residence, at 30601
Steeplechase Drive, San Juan Capistrano, CA 92675 (APN 650-371-09) (the
"Residence"). The Residence, generally located on the northwest side of Steeplechase
Drive between Rolling Hill Lane and Golden Ridge, has a General Plan Land Use
Designation of Very Low Density and a Zoning Designation of RSE-40,000/SP 77-01 with
a partial RP District overlay; and,
Whereas, Rick and Kimberly Mercier are owners in fee of the Residence;
and,
' Whereas, the proposed project at the Residence has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the City's Environmental Administrator has determined that the
project is categorically exempt from further review under the California Environmental
Quality Act ("CEQA") Guidelines (Title 14 of the California Code of Regulations) ("CEQA
Guidelines") Section 15303, New Construction or Conversion of Small Structures, and
Section 15305, Minor Alterations in Land Use Limitations. The whole of the project is
exempt under CEQA Guidelines Section 15303 because the project proposes the
construction of an accessory structure, a covered porch. Additionally, the whole of the
project is exempt under CEQA Guidelines Section 15305 as the project involves a minor
alteration in land use limitations in an area with an average slope of less than 20% which
does not result in a change in land use or density. A Notice of Exemption would be filed
with the County Recorder's Office within 5 days should the project receive final approval;
and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to CEQA Guidelines Section 15074 and has
considered all project environmental documentation; and,
' Whereas, the Planning Commission conducted a duly -noticed public
hearing on April 13, 2021, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider
public testimony on the proposed project and has considered all relevant public
comments and all documents and evidence submitted, including but not limited to the
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staff report and attachments, and materials submitted by the applicant; and,
Whereas, the Planning Commission recommends that the City Council '
approve Zone Variance (ZV) 21-001, a request for an exception to the Ridgeline and
Open Space Preservation District to allow for the construction of a covered porch on an
existing single-family residence, at 30601 Steeplechase Drive (APN 650-371-09); and
Whereas, on May 4, 2021, the City Council held a duly noticed public
meeting to consider the provisions of this proposed project and following receipt of all
written and oral public comments, the City Council considered the evidence presented,
and deliberated.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby find that the entire project is Categorically Exempt
from further review under CEQA per CEQA Guidelines Section 15303, New Construction
or Conversion of Small Structures, and Section 15305, Minor Alterations in Land Use
Limitations.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano does hereby make the following findings as established
by Subsection (d)(3) of Section 9-3.411, Amendment of the Land Use Code of Title 9,
Land Use Code of the City of San Juan Capistrano:
A. The proposed project involves the construction of a 14' -tall covered porch that ,
would encroach into the base of the RP District by approximately 5 additional feet
beyond that of the existing single-family residence, which currently encroaches
into the RP District by a range of approximately 40'-48'. The applicant also
proposes to replace existing landscaping materials with new landscaping materials
within new planters and install pavers within the front yard area that is within the
RP District; no grading is required to accommodate the project.
B. Construction activity, including but not limited to grading, proposed to encroach
into the 200 -foot horizontal buffer adjacent to a designated ridgeline satisfies the
following minimum criteria:
1. The 14' -tall covered porch would encroach an additional 5 feet beyond that
of the existing single-family residence, which currently encroaches into the
RP District by a range of approximately 40'-48'. The proposed structure
would not interrupt any ridgeline skyline profile as viewed by surrounding
valleys because they are located at the bottom of the slope and located
approximately 147' away from any ridgeline and do not obscure views of
the ridgeline, and within an area that currently has existing encroachments
due to the neighborhood being developed prior to the establishment of the
RP District.
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2. The project does not involve any site grading and would keep the existing
topography intact. Furthermore, even though the 14' -tall covered porch
would encroach an additional 5 feet beyond that of the existing single-family
residence, it would not result in any changes to the natural appearance of
the ridgeline profile as the work is within the front yard portion of an existing
single-family residence that is within an area that currently has existing
encroachments due to the neighborhood being developed prior to the
establishment of the RP District.
C. The application is compatible with all applicable provisions of the Conservation and
Open Space Element of the General Plan. Specifically, Policy 4.1 of the General
Plan states that, "Assure incompatible development is avoided in those areas
which are designated to be preserved for scenic, historic, conservation, or public
safety purposes". This project is compatible with Policy 4.1 as it would be located
at the bottom of the slope and would not block any existing views of the ridgeline.
D. The subdivision map, Tract No. 6305, did not include the dedication of open space
within the proposed area of work.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
of the City of San Juan Capistrano hereby approves Zone Variance (ZV) 21-001, subject
to those conditions of approval established by Exhibit A, attached hereto and incorporated
herein
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
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PASSED, APPROVED AND ADOPTED this 41h day of May 2021.
JOHN AYLOR, MAYOR
5/4/2021
STATE OF CALIFORNIA ) '
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 21-05-04-01 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 4th
day of May 2021, by the following vote:
AYES: C N L MEMf3ERS: Reeve, Hart, Bourne, Farias and Mayor Taylor
NOES: C NY L MEMBERS: None
ABSENT: CO C L MEMBERS: None
��1: ' �i•A7WW"I
4 5/4/2021
EXHIBIT A
CC RESOLUTION NO. 21-05-04-01
CONDITIONS OF APPROVAL
Project #: Zone Variance (ZV) 21-001
Project Name: Mercier Residence Exception
These conditions of approval apply to the above -referenced project application. For the
purpose of these conditions, the term "applicant" shall also mean the developer, the
owner or any successor(s) in interest to the terms of this approval. These conditions are
organized by chronological order in the development process as well as responsible
City Department. The responsible department is noted in parenthesis after each
condition.
General Conditions:
The above referenced entitlement approval is granted for a request for an
exception to the Ridgeline and Open Space Preservation (RP) District to
allow for the construction of a covered porch on an existing single-family
residence, at 30601 Steeplechase Drive (APN 650-371-09). This approval
is granted based on the application materials submitted by the Rick
Mercier, including development plans. These 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
project/plans and which do not intensify or change the use or require any
deviations from City Code, may be approved by the Development
Services Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of the City Council's
approval. (DSD)
2. _ Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements. (DSD)
3. _ All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so. (DSD)
4. _ 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,
Mercier Residence
Final Conditions of Approval '
Date: May 4, 2021
Page 2 of 3
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. (DSD)
5. _ 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. (DSD)
6. _ 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, then the conditions and/or plans as stipulated in the
later approval shall prevail. (DSD)
7. _ 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
agencies. The duty of inquiry as to such requirements shall be upon the
applicant. (DSD)
8. _ Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday 7:00 a.m. to 6`.00 p.m.
Saturday 8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons. (DSD)
Mercier Residence
Responsible Department/Agencies:
B&S
UD
DSD
PW
OCFA
Final Conditions of Approval
Date: May 4, 2021
= Building and Safety
= Utilities Department Engineering
= Development Services Department
= Public Works Engineering
= Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
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Rick Mercier
Date