ZA Resolution-23-08-30-02ZA RESOLUTION NO. 23-08-30-02
ZONE VARIANCE (ZV) 22-010
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DENYING ZONE VARIANCE (ZV) 22-010, A REQUEST
TO DEVIATE FROM SECTION 9-3.301(C)(1) OF TITLE 9 OF THE MUNICIPAL CODE,
WHICH REQUIRES A 20' REAR YARD SETBACK FOR PROPERTIES WITHIN THE
RS-7,000 ZONING DISTRICT, TO ESTABLISH A 5'-3" REAR YARD SETBACK FOR
A 518 SQ. FT. SINGLE-STORY ADDITION TO AN EXISTING SINGLE-FAMILY
RESIDENCE LOCATED AT 31192 PASEO ACACIA (APN: 649-041-03) AND FINDING
THAT THE DENIAL OF ZV 22-010 15 EXEMPT FROM REVIEW UNDER STATE CEQA
GUIDELINES SECTION 15270. (APPLICANT: CAECILIA GOTAMA)
WHEREAS, Caecilia Gotama (the "Applicant"), has submitted development
plans seeking approval to construct a 518 sq. ft. single-story addition to an existing single-
family residence located at 31192 Paseo Acacia, San Juan Capistrano, CA 92675 (APN:
649-041-03) (the "Property"). The Applicant is seeking approval for a zone variance to
deviate from Section 9-3.301(c)(1) of Title 9 of the Municipal Code, which requires a 20'
rear yard setback for properties within the RS-7,000 Zoning District, and to establish a 5'-
3" rear yard setback (the "Project"); and
WHEREAS, the Property, generally located on the east side Paseo Acacia
and north of Via Los Pajaros, has a General Plan Land Use Designation of Medium
Density and a Zoning Designation of Single-Family 7,000 (RS-7,000); and
WHEREAS, Caecilia Gotama 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 Zoning Administrator find that CEQA does not apply to
disapproved projects. Pursuant to State CEQA Guidelines, section 15270, CEQA does
not apply to projects which a public agency rejects or disapproves; and
WHEREAS, the Zoning Administrator has considered the Environmental
Administrator's recommendation 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 August 30, 2023, pursuant to Municipal Code Section 9-2.302 of the San Juan
Capistrano Municipal Code. 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
ZA Resolution 23-08-30-02 2 August30,2023
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 CEQA does not apply to
disapproved projects. Pursuant to State CEQA Guidelines, section 15270, CEQA does
not apply to projects which a public agency rejects or disapproves. Here, because the
Zoning Administrator is denying Zone Variance (ZV) 22-010, the City need not comply
with CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San Juan Capistrano denies the Zone Variance request based upon the
inability to make all of the findings pursuant to Municipal Code Section 9-2.351 (e) of Title
9, Land Use Code of the City of San Juan Capistrano:
1. There are no special circumstances which are applicable to the subject
property related to size, shape, topography, location or surroundings. The
subject Property is not of an irregular shape and is conforming to minimum
lot size requirements of the applicable zoning district, is relatively flat and
contains no topography issues, and is located within a fully developed
residential neighborhood which contains no surroundings which would limit
or hinder development of a 518 sq. ft. addition to the existing single-family
residence which complies with the applicable development standards.
2. Granting the Zone Variance would constitute a grant of special privileges.
The existing single-family residence is currently provided with a zero-foot
side yard setback along the Property's southern boundary and a 12' -3" rear
yard setback along the eastern property boundary; thereby, the single-
family residence is nonconforming with the 5' side yard setback required for
the southerly boundary and the 20' rear yard setback. While the residential
structure was built to comply with the development standards that existed
during the original creation of the residential subdivision, this property, along
with other surrounding properties in the vicinity and under the identical
zoning classification, does not meet the current required development
standards of the RS-7,000 zoning district. While there are numerous
properties with structures which encroach into the 20' rear-yard setback,
none appear to be established with a rear-yard setback comparable to the
5'-3" setback proposed by the Applicant. as the approval of the proposed
addition would allow the non-conforming single-family residence to project
further into the rear yard setback in a manner inconsistent with other
properties within vicinity and under the identical zoning classification.
3. Granting the Zone Variance would result in development which is otherwise
inconsistent with the provisions of the Land Use Code. The existing single-
family residence is currently provided with a zero-foot side yard setback
along the property's southern boundary and a 12'-3" rear yard setback along
ZA Resolution 23-08-30-02 3 August 30, 2023
the eastern property boundary; thereby, the single-family residence is
nonconforming with the 5' side yard setback required for the southerly
boundary and the 20' rear yard setback. Granting of the variance would
allow the expansion of the nonconforming rear-yard setback by an
additional 7', establishing a 5'-3" rear-yard setback, which is inconsistent
with the provisions of the Land Use Code.
4. Granting the Zone Variance would be materially detrimental to adjacent
properties. Although there are no residential structures adjacent to the rear
of the subject Property, the subject residence was originally constructed
with a zero setback from the south facing side property line, which is
adjacent to a developed single-family residence. Allowing the existing
nonconforming single-family residence to project further into the rear yard
area intensifies the nonconforming rear-yard setback and increases the
length of the structure which spans along the southerly property line, to the
detriment of the neighboring property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby denies Zone Variance (ZV) 22-
010 based on the findings set forth above.
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
records for the record of proceedings.
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.
Pau Garcia, AICP, Principal Planner/Secretary