ZA Resolution-23-01-19-01ZA RESOLUTION NO. 23-01-19-01
ZONE VARIANCE (ZV) 22-009
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW AN
ADDITION TO AN EXISTING RESIDENCE WHICH ENCROACHES
INTO THE REQUIRED THIRTY-FOOT FRONT YARD SETBACK AT
26901 CANYON CREST ROAD, ASSESSOR PARCEL NUMBER (APN)
650-051-02 (BEYER RESIDENCE), AND FINDING THIS ACTION
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES
SECTION 15301
Whereas, Edward and Erin Beyer, property owners, requested approval of a
zone variance to construct a first-story addition to an existing residence which encroaches
into the required front yard setback; and
Whereas, the Property is General Plan designated "Very Low Density"
and is designated "RSE-20,000" 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 1 categorical exemption; and
Whereas, the Zoning Administrator conducted a duly noticed public
hearing on January 19, 2023 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 CEQA pursuant to
State CEQA Guidelines section 15301; Class 1(e) ("Existing Facilities"). The project is
categorically exempt under Section 15301 because the proposed project includes an
addition to an existing single-family structure that would not result in an increase of
more than 2,500 square feet, which is less than 50 percent of the floor area of the
existing structure
Section 2. Zone Variance Findings.
1 . There are special circumstances that are applicable to the property in that at the
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time of the initial construction of the neighborhood many of the homes were built,
many encroach into the required 30-foot front yard setback. While these
properties complied with the development standards that existed at the time of
original construction of the tract, many of these properties do not meet the
required development standards of the RSE-20,000 zoning district. In addition,
though the lot is large, much of the rear yard is steeply sloped which limits the
buildable area for this property. The strict application of the RSE-20,000
development standards found in Section 9-3.301 (c)(1) would deprive the
applicant of privileges enjoyed by other properties within the surrounding
development by not allowing reasonable additions to the existing residential
structure.
2. Granting the Zone Variance would not constitute a grant of special privileges;
rather, it would allow the property to enjoy comparable development similar to
other properties in the vicinity and within the same zoning district where
residential units encroach into the required 30-foot front yard setback, such as
26841 Canyon Crest Road ( 18-foot front yard setback), 26862 Canyon Crest
Road (24-foot front yard setback), and 30181 Outpost Road ( 18-foot front yard
setback).
3. Granting the Zone 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 RSE-20,000 District that govern the
property or be inconsistent with any applicable provisions of the General Plan.
The allowable land use is Very Low Density Residential which allows a single-
family house on the lot and the Zone Variance would not change the existing
land use of the site.
4. Granting the Zone 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 Very Low Density residential and the proposed project would be
compatible with the surrounding areas pattern of development and would retain
the neighborhood character, style, and massing. 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 massing in
the vicinity.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves Zoning Variance (ZV) 22-009 subject to those conditions
contained in Exhibit "A," attached hereto and incorporated herein by reference.
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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 Friday, February 3, 2023 at 4:30 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 3, 2024, 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 19th day of January, 2023.
Charles View, Zoning Administrator
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