ZA Resolution-20-09-30-02ZA RESOLUTION NO. 20-9-30-02
ZONE VARIANCE (ZV) 20-007
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 7'
FRONT YARD SETBACK WHERE THE MUNICIPAL CODE REQUIRES
A MINIMUM 20' SETBACK, RELATED TO THE INSTALLATION OF AN
FREESTANDING 460 SQUARE FOOT PERGOLA AT 31612 EL
CAMINO REAL, ASSESSOR PARCEL NUMBER (APN) 124-170-11, A
LISTED STRUCTURE ON THE CITY'S INVENTORY OF HISTORIC AND
CULTURAL LANDMARKS (IHCL) KNOWN AS THE COMMUNITY
CHRISTIAN CHURCH
Whereas, Bruce Manzer, Manzer & Associates, requested approval of a
zone variance to establish a 7' front yard setback where the Municipal Code requires a
minimum 20' setback; and
Whereas, Calvary Chapel San Juan Capistrano are the owners of real
property located at 31612 El Camino Real (APN 124-170-11); and
Whereas, the Property is General Plan designated "Existing Public
Schools" and is designated "Public & Institutional" 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 11 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 September 30, 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 find that the project is Categorically
Exempt (Section 15311; Class 11 "Accessory Structures") from further review.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator
of the City of San Juan Capistrano does hereby make the following findings as
established by, Subsection (e) of Section 9-2.351 , Variances and Minor Exceptions of
Title 9, Land Use Code of the City of San Juan Capistrano:
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1. There are special circumstances applicable to the property, including 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 shape of the property is such
that it creates a special circumstance with respect to being able to comply with
the development standards that have been instituted since development of the
site. The shape of the property, a trapezoid, creates a unique circumstance
with respect to the front property line, as its angle results in an inability to
construct improvements that would comply with the front yard setback
requirement that a traditionally shaped lot could provide.
Furthermore, a special circumstance exists for the property, as well as
surrounding property within the same zoning classification, specifically the
historic Mission San Juan Capistrano site located directly across El Camino
Real, as both were developed prior to the establishment of a zoning ordinance
and related development standards (e.g. setbacks). As a result, the properties
have non-conformities with respect to the current development standards that
govern them.
Based on the above, there are special circumstances applicable to the
property, including 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 identical zoning classification.
2. The granting of Zone Variance 20-007 would not constitute a grant of special
privileges; rather, it would allow the property to enjoy comparable
development to that permitted for other property in the vicinity and zone
district.
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 meet all applicable development standards for the
P&I Zone District, other than the variance proposed and the legally
established non-conformities. Furthermore, at a duly noticed public hearing on
August 25, 2020, the Cultural Heritage Commission (CHC) approved of Site
Plan Review (SPR) 20-001, to allow the construction of the freestanding 460
sq. ft. open pergola on the existing first level patio and an attached 645 sq. ft.
open pergola on an existing second level deck, and made a determination of
physical and aesthetic compatibility with structures and places identified on
the IHCL, per City Council Policy 603. Their analysis included a finding of
consistency with the General Plan because the proposed use and design of
the project is consistent with the goals, policies and objectives of the General
Plan, including the Community Design Element (COE) and Cultural Resources
Element (CRE). The project would be consistent with the following:
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• COE Policy 2. 1 Encourage development which complements the City's
traditional, historic character through site design, architecture, and
landscaping because the project's use of period appropriate architectural
elements and features such as natural wood and sculptured rafter tails,
which would complement the traditional and historic character of the city, as
well as the adjacent historic structures; and
• CRE Policy 1. 1 Balance the benefits of development with the project's
potential impacts to existing cultural resources because the proposed
accessory structures would be complementary to the adjacent historic
structure and have minimal impact on the cultural resource. The siting,
height and scale, architectural elements, and materials of the proposed
accessory structures would be compatible and consistent with the adjacent
historic structure.
Based on these factors, the project complies with the General Plan Community
Design Element and Cultural Resources Element goals and policies.
4. Granting the variance would 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 project complies with
the setback requirements within the Municipal Code and all other development
standards other than the variance proposed.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 20-007 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 Tuesday, October 15, 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 October 16, 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.
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PASSED, APPROVED AND ADOPTED this 3Q1h day of September, 2020.
C ~ator
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