ZA Resolution-22-12-07-01ZA RESOLUTION NO. 22-12-07-01
ZONE VARIANCE (ZV) 22-002
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF ZONE VARIANCE (ZV) 22-002
RELATED TO DEVIATION FROM SECTION 9-3.515 (0)(2) OF TITLE 9 OF THE
MUNICIPAL CODE, WHICH REQUIRES A 15-FOOT SIDE AND REAR YARD
SETBACK FOR EQUESTRIAN RELATED STRUCTURES AND A 10-FOOT SIDE AND
REAR YARD SETBACK FOR EQUESTRIAN PASTURE/EXERCISE AREAS AT
PROPERTY ADDRESSED AS 26945 BERKSHIRE LANE (APN:650-481-14) AND
FINDING SAID ACTION EXEMPT FROM CEQA REVIEW UNDER STATE CEQA
GUIDELINES SECTION 15303 (APPLICANT: JIM CONRAD, JAMES CONRAD,
ARCHITECTS)
WHEREAS, Jim Conrad, James Conrad, Architects, 1550 S. Coast Hwy,
#201, Laguna Beach, CA 92651 (the "Applicant"), has requested approval of Zone
Variance (ZV) 22-002, a request to deviate from Section 9-3.515 (d)(2) of Title 9 of the
Municipal Code, which requires a 15-foot side and rear yard setback for equestrian
related structures and a 10-foot side and rear yard setback for equestrian
pasture/exercise areas. The Applicant is proposing to establish a 10-foot side yard and a
5-foot rear yard setback for a 981 sq. ft. barn structure and to establish a 1-foot side and
rear setback for an equestrian pasture/exercise area (the "Project") at 26945 Berkshire
Lane, San Juan Capistrano, CA 92675 (APN:650-481-14) (the "Property"); and
WHEREAS, the Property, generally located north of the terminus of
Windsor Drive and has a General Plan Land Use Designation of Very Low Density and a
Zoning Designation of Single-Family-40,000 (RSE-40,000) with a partial Ridgeline and
Open Space Preservation (RP) District overlay; and
WHEREAS, Michael Reeves 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 City's Environmental Administrator has reviewed the
Project and recommends that the Zoning Administrator finds that the Project is
categorically exempt from the California Environmental Quality Act (CEQA) under Class
3 exemption pursuant to Section 15303 (New Construction or Conversion of Small
Structures). Here, the entire Project is exempt per Section 15303 because the project
involves the construction of a 981 sq. ft. barn structure and an equestrian
pasture/exercise area. Further, none of the exceptions to the use of the Class 3 identified
in State CEQA Guidelines section 15300.2 apply. If the Project receives final approval, a
Notice of Exemption would be filed with the County Recorder's Office within 5 days of
such approval; and
ZA Resolution 22-12-07-01 2 December 7, 2022
WHEREAS, the Zoning Administrator has considered the Environmental
Administrator's determination pursuant to Section 15051 of the California Environmental
Quality Act (CEQA) and has considered all Project environmental documentation; and
WHEREAS, the Zoning Administrator conducted a duly-noticed public
hearing on December 7, 2022, pursuant to Municipal Code Section 9-2.302. The Zoning
Administrator has considered all public testimony on the proposed Project and all relevant
public comments and all documents and evidence submitted, including but not limited to
the staff report, attachments, and materials submitted by the Applicant; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano does hereby find that the entire Project is Categorically
Exempt from further review under State CEQA Guidelines Section 15303, New
Construction or Conversion of Small Structures. Here, the entire Project is exempt per
Section 15303 because the project involves the construction of a 981 sq. ft. barn structure
and an equestrian pasture/exercise area. Lastly, none of the exceptions to the
exemptions in State CEQA Guidelines, section 15300.2, apply. Specifically, the Project:
a. The Project is not located in a particularly sensitive environment;
b. The Project will not result in a cumulative impact from successive projects of the
same type in the same place, over time;
c. There are no unusual circumstances surrounding the project that result in a
reasonably possibility of a significant effect on the environment;
d. The Project will not damage scenic resources, including trees, historic buildings,
rock outcroppings, or similar resources, in that, no protected resource exists within
the project site;
e. The Project does not include any hazardous waste sites; and
f. The Project will not cause a substantial adverse change in the significance of a
historical resource.
The Zoning Administrator hereby directs staff to prepare, execute and file a Notice of
Exemption within five (5) working days of project's passage and adoption of this
Resolution, further described herein below.
NOW, THEREFORE, BE IT FURTHER 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 with respect to Zone Variance
(ZV) 22-002, subject to the conditions of approval identified in Exhibit A attached to this
Resolution and incorporated herein by reference:
1. There are special circumstances applicable to the Property, including shape,
topography, location, and surroundings, such that the strict application of the
Municipal Code would deprive such Property of privileges enjoyed by other
ZA Resolution 22-12-07-01 3 December 7. 2022
properties in the vicinity and under the identical zoning classification. The subject
Property is an irregularly shaped flag lot with a grade change of approximately 28'
moving from the most westerly property boundary, where the barn is proposed to
be constructed, to the most easterly property boundary. Additionally, the majority
of the Property is within the Ridgeline and Open Space Preservation (RP) District,
an overlay zoning district that prohibits construction activity within 200 feet
(horizontal) of a General Plan designated ridgeline. As a result of the above, the
siting of the barn structure and equestrian pasture/exercise area is severely limited
compared to other properties in the vicinity that are also regulated under the same
RSE-40,000 zoning classification.
Furthermore, the proposed improvements are located along the rear portion of the
Property which abuts open space, owned by an adjacent Homeowners Association
(HOA), to which Development Rights are dedicated to the City for Open Space
Preservation resulting with said improvements not visible or adjacent to other
physical improvements.
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 the requested deviations would not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity and
zone district in which such property is situated. Rather, it would allow a barn
structure and equestrian pasture/exercise area to be developed, as permitted by
the underlying zoning of the subject Property as well as for other properties in the
vicinity within the same zoning district, while preserving the area of the subject
Property within the Ridgeline and Open Space Preservation (RP) District by
allowing for the siting of the barn structure to deviate from the minimum side and
rear setback requirement.
3. The 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 RSE-40,000
and RP Zone Districts, other than the variance proposed.
4. The granting of 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 development standards within the Municipal Code, other than the variance
proposed.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the Project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
ZA Resolution 22-12-07-01 4 December 7. 2022
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 Di rector is the custodian of
records for the record of proceedings.
EFFECTIVE DATE & FINAL APPROVAL: This Project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, December
22, 2022. This Project approval shall be valid for a period of 12 months from the effective
date of approval of this resolution, and shall expire on December 23, 2023, unless a time
extension request or 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 AD~ of December, 2022. a~
Charlie View, Zoning Administrator