ZA Resolution-22-08-17-01ZA RESOLUTION NO. 22-08-17-01
GRADING PLAN MODIFICATION (GPM) 22-022 & ZONE VARIANCE (ZV) 22-007
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING OF GRADING PLAN MODIFICATION
(GPM) 22-022 & ZONE VARIANCE (ZV) 22-007 AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION RELATED TO A TWELVE-MONTH TIME EXTENSION
OF ENTITLEMENTS GRANTED VIA PLANNING COMMISSION RESOLUTION NO. 21-
08-11-02. THE PROJECT APPROVAL ALLOWS FOR GRADING ON A VACANT
PARCEL TO ACCOMMODATE A NEW SINGLE-FAMILY RESIDENCE AND TWO
ACCESSORY STRUCTURES AT 30731 TOYON DRIVE (APN:650-181-13). THE
PROPOSED GRADING ACTIVITIES INVOLVE 1,250 CUBIC YARDS OF CUT, 300
CUBIC YARDS OF FILL, AND A SERIES OF RETAINING WALLS UP TO 6. 7' IN
HEIGHT. THE ZONE VARIANCE APPROVAL ALLOWS FOR A REDUCTION OF THE
MINIMUM 150-FOOT FRONT YARD SETBACK AND TO EXCEED THE 40%
MAXIMUM WIDTH LIMIT FOR AN ATTACHED DECK.
Whereas, Colin Harris has requested a twelve-month extension for the
approval of the proposed project, which allows grading of a vacant parcel to
accommodate a new single-family residence and two accessory structures at 30731
Toyon Drive San Juan Capistrano, CA 92675 (APN:650-181-13) (the "Property"). The
proposed grading activities involve 1 ,250 cubic yards of cut, 300 cubic yards of fill, and a
series of retaining walls up to 4.4' in height. Zone variance approval allows for a reduction
of the minimum 150-foot front yard setback and to exceed the 40% maximum width limit
for an attached deck; and,
Whereas, the Property, generally located on the west side of Toyon Drive
and Hilltop Way, north of Ortega Highway, has a General Plan Land Use Designation of
Very Low Density and a Zoning Designation of Residential/Agriculture (RA); and,
Whereas, Colin Harris is owner in fee of the Property; 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 Grading Plan Modification and Zone Variance approvals for
this project would otherwise expire on August 26, 2022, if not extended by the Zoning
Administrator who is authorized by the Title 9, Land Use Code to extend such entitlements
for twelve months from the original approval pursuant to Municipal Code Sections 9-
2.323(g) and 9-2.351 (h); and,
Whereas, the Zoning Administrator of the City of San Juan Capistrano is
granted the authority to approve time extensions pursuant to Municipal Code Section 9-
1.111 ( d)(2); and,
ZA Resolution 22-08-17-01 3 Au gust 17,2022
date of PC Resolution No. 21-08-11-02, and shall expire on August 26, 2023 unless a
building permit application related to this discretionary approval is submitted to the City
prior to that date.
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.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022.
Charlie View, Zoning Administrator
Dav~, ~~Secretary