PC Resolution-21-07-14-02PC RESOLUTION NO. 21-07-14-02
ZONE VARIANCE (ZV) 21-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO APPROVE OF ZONE VARIANCE 21-004 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
MISCELLANEOUS BACKYARD IMPROVEMENTS (POOL, SPA, BBQ
COUNTERTOP, HARDSCAPE, LANDSCAPE) AT AN EXISTING SINGLE-FAMILY
RESIDENCE, ADDRESSED AS 30591 VIA VENTANA (APN 650-602-15)
(APPLICANT: JIM O'DONNELL, CRYSTAL POOLS)
Whereas, Jim O'Donnell, Crystal Pools, has requested approval of ZV 21-
004 for an exception to the Ridgeline and Open Space Preservation District to allow for
the construction of miscellaneous backyard improvements (pool, spa, BBQ countertop,
hardscape, landscape) at an existing single-family residence addressed as 30591 Via
Ventana, San Juan Capistrano, CA 92675 (APN 650-602-15) (the "Residence"). The
Residence, generally located on the generally located on the east side of Via Ventana
and within the Marbella Estates & Country Club, has a General Plan Land Use
Designation of Medium Density and a Zoning Designation of Planned Community (PC),
governed by Comprehensive Development Plan (CDP) 86-04, with a partial RP District
overlay; and,
Whereas, Kenneth & Wendy Schwartz 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 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 Section 15303 because
the project proposes the construction of an accessory structures, i.e. a pool and spa.
Additionally, the whole of the project is exempt under 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 Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
PC Resolution 21-07-14-02 2 July 14. 2021
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 14, 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
staff report and attachments, and materials submitted by the applicant; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
recommends that the City Council approve of Zone Variance (ZV) 21-004, a request for
an exception to the Ridgeline and Open Space Preservation District to allow for the
construction of miscellaneous backyard improvements (pool, spa, BBQ countertop,
hardscape, and landscape) at an existing single-family residence addressed as 30591
Via Ventana (APN 650-602-15).
Whereas, the Planning Commission of the City of San Juan Capistrano
does hereby find that the entire project is Categorically Exempt from further review under
the California Environmental Quality Act per 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 Planning
Commission 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 miscellaneous backyard
improvements (pool, spa, BBQ countertop, hardscape, landscape) at an existing
single-family residence in which a portion of the property currently encroaches into
the RP District by a range of approximately 48'-79'. The proposed backyard
improvements, located at the bottom of the ridgeline buffer zone, would not
encroach upon the ridgeline profile nor would it interrupt any existing views of the
ridgeline, as all above grade improvements would be no greater than 42" in height
and within an area enclosed by an existing 5' tall block wall. The applicant also
proposes to install new landscaping and hardscape materials throughout the
property, including five 24" box size Olive Trees within the northwestern portion of
the property. The project does not involve any site grading and would keep the
existing topography intact.
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 proposed backyard improvements, consisting of a pool, spa, BBQ
countertop, new hardscape and landscape, located at the bottom of the
ridgeline buffer zone, do not include the construction of any above-ground
structures, as defined by the San Juan Capistrano Municipal Code. As a
result, the project would not interrupt any ridgeline skyline profile as viewed
by surrounding valleys.
PC Resolution 21-07-14-02 3 July 14, 2021
2. The project does not involve any site grading and would keep the existing
topography intact. The proposed project would not result in any changes to
the natural appearance of the ridgeline profile as the construction activity
within the RP District is within the rear 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 impact existing views of the ridgeline.
D. The subdivision map, Tract No. 12954, did not include the dedication of open
space within the proposed area of work.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends that the City Council
of the City of San Juan Capistrano approves Zone Variance (ZV) 21-004, 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.
PASSED, APPROVED AND AD PTED this 14th day of July, 2021.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary
Project#:
Project Name:
EXHIBIT A
PC RESOLUTION NO. 21-07-14-02
CONDITIONS OF APPROVAL
Zone Variance (ZV) 21-004
Schwartz 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:
1. 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 miscellaneous backyard improvements (pool,
spa, BBQ countertop, hardscape, landscape) at an existing single-family
residence addressed as 30591 Via Ventana (APN 650-602-15). This
approval is granted based on the application materials submitted by Jim
O'Donnell, Crystal Pools, 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 (151h) day after the date of the City
Council's approval.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and City regulations or
requirements.
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.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
Schwartz Residence
PC Recommended Conditions of
Approval
Date: July 14, 2021
Page 2 of 3
any claim, action, or proceeding against the City of San Juan Capistrano,
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.
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.
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.
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.
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
Saturday
7:00 a.m. to 6:00 p.m .
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.