PC Resolution-23-11-08-05PC RESOLUTION NO. 23-11-08-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING THE APPEAL AND REVERSING THE
ZONING ADMINISTRATORS' DENIAL OF ZONE VARIANCE 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 6' 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 APPROVAL OF ZONE VARIANCE 22-010 IS EXEMPT FROM REVIEW
UNDER STATE CEQA GUIDELINES SECTIONS 15301 (EXISTING FACILITIES)
AND15303 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES)
WHEREAS, the property owners, Robert Bruch and Caecilia Gotama (the
"Appellants"), request approval of a Zone Variance ("ZV") 22-010 to establish a 6' rear
yard setback for a 518 sq. ft. single-story addition to an existing single-family residence
(the "Project"); and
WHEREAS, the requested zone variance is qualified for review by the Zoning
Administrator. After determining that none of the necessary findings for approval were
met, the Zoning Administrator denied ZV22-010 on August 30, 2023; and
WHEREAS, the proposed Project has been processed in accordance with San
Juan Capistrano Municipal Code ("SJCMC") section 9-2.301 (Development Review of the
Land Use Code); and
WHEREAS, the Environmental Administrator reviewed the Project as required by
the California Environmental Quality Act ("CEQA") and recommended that the Planning
Commission determine that the Project is exempt pursuant to Sections 15301 (Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures) because the
Project involves the a six foot year yard setback for the construction of a 518 sq. ft. single-
story addition to an existing single-family residence. 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
WHEREAS, an appeal of the Zoning Administrators denial of ZV22-010 was timely
filed on September 13, 2023, by the Appellants; and
WHEREAS, the September 13, 2023 appeal made five assertions, quoted in full
below:
1. The Zoning Administrator was unable to approve the request, as he
is/was not empowered to approve any request to change zoning
specifications (as stated by the Zoning Administrator).
PC Resolution 23-11-08-05 2 November 8, 2023
2. CREATING AN ADA COMPLIANT HOME -The requested change
creates an ADA-compliant home for us, giving us a 5' corridor in the rear
of our house that permits access to three bedrooms, 2 full bathrooms
and a laundry closet. Failure to create this passageway will prevent an
individual in either a wheelchair or walker from accessing this entire
section of our home (> 50% of our home's area).
3. CHANGE HAS NO IMPACT ON NEIGHBORS -The requested change
in our rear set-back will be not visible from either of our neighbors'
properties, nor will it be visible from the street (behind the green space
that abuts our property from the rear). This property abuts a 50' green
space that is at least 25' higher than our property, so there is no visibility
or impact on the owners of this greenspace.
4. INCORRECT ZONING DESIGNATION -The RS-7,000 designation
(and the set-backs defined therein) ensured that our home was non-
conforming to the code. Our home was built in 1968 with a zero-lot line
side set-back (RS-7,000 defined as 5 feet). This inappropriate Zoning
designation created an unfair burden on us, as our home was built
before the current Zoning designation was assigned to the property.
5. INAPPROPRIATE COMPARABLE RESIDENCES The
Zoning/Planning Commission stated that a 10-foot set-back would be
permissible, based upon previously granted set-backs for residences
within our development. The difference between our home and these
"comparable homes" is that our proposed change will be invisible to
every property abutting our property (zero impact on our neighbors),
while the comparable properties all had a visual impact on their abutting
neighbors.
WHEREAS, the Planning Commission conducted a duly noticed public hearing on
October 25, 2023 and November 8, 2023, in accordance with SJCMC section 9-2.311, to
consider public testimony, the appeal, the agenda report and all relevant public
comments; and
WHEREAS, the Planning Commission has considered the Environmental
Administrator's recommendation; and
WHEREAS, the findings and conclusions made by the Planning Commission in
this Resolution are based on the oral and written evidence presented as well as the
entirety of the administrative record, which is incorporated herein by this reference. The
findings are not based solely on the information provided in this Resolution; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
PC Resolution 23-11-08-05 3 November 8, 2023
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby find that the entire Project
is Categorically Exempt from further review under Section 15301 (Existing Facilities) and
15303 (New Construction or Conversion of Small Structures). Here, the entire Project is
exempt per Section 15303 because the project involves a six foot rear yard setback and
the construction of a 518 sq . ft. single-story addition to an existing single-family residence.
Further, none of the exceptions to the use of the Class 3 identified in State CEQA
Guidelines section 15300.2 apply.
The Planning Commission hereby directs staff to prepare, execute and file with the
Orange County Clerk a Notice of Exemption within five (5) working days of Project's
approval and adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby
makes the following finding and determination as to the Appellant's assertions in the
September 13, 2023 appeal:
1. The Planning Commission carefully reviewed the appeal and has found
evidence presented to warrant reversing the decision of the Zoning
Administrator.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the oral and
written evidence presented, as well as the entirety of the administrative record for the
Project, the Planning Commission hereby approves the Appeal and reverses the Zoning
Administrator's denial of ZV 22-010 made on August 30,2023.
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 (e) of Section 9-2.351, Variances and Minor Exceptions of
Title 9, Land Use Code of the City of San Juan Capistrano:
1. There are special circumstances applicable to the property, including size,
shape, topography, location, or 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;
The subject property has special circumstances when compared to other
properties in the vicinity with identical zoning. These circumstances are related
to the property's surroundings and location. The subject site is located within a
neighborhood which was constructed in the 1960's and was originally
constructed with tall walls within the front, side and rear yard areas. These
freestanding walls assist in screening the majority of residential structures from
streets and from view of adjacent properties. The subject site also backs up to
a large open green space which contains a steep upslope. The green space area
contains many trees and shrubs which provide additional screening for the
subject site, especially when viewed from the rear of the property.
PC Resolution 23-11-08-05 4 November 8, 2023
2. Granting of the variance or minor exception will 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.
The site is located within a residential neighborhood that contains single-family
residences that are largely non-conforming to the development standards of the
current and applicable zoning district (RS-7,000), specifically related to non-
conforming rear yard setbacks. Although the RS-7,000 zone district requires a
minimum rear yard setback of 20', staff obtained records of previous zone
variance requests which were approved for multiple properties in the vicinity.
These records demonstrate that granting of variance requests for rear yard
setback encroachments have been permitted within the neighborhood and have
allowed existing nonconforming residential structures to construct habitable
additions which further encroach into minimum rear yard setbacks. Therefore,
the granting of this variance request would not be a special privilege or
advantage to this property specifically.
3. Granting of the variance or minor exception will not result in development which
is otherwise inconsistent with the provisions of the Land Use Code or the General
Plan.
As stated above, several zone variances have been approved to allow deviations
from the minimum rear yard setback requirement of the RS-7,0000 zone district.
In addition, the majority of residential structures located within the neighborhood
and within the same zoning district contain existing nonconforming structures,
specifically related to nonconforming rear yard setbacks. Therefore, it is common
to find residential structures with habitable living spaces that encroach into the
rear yard setback area.
4. Granting the variance or minor exception will 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 granting of this variance request would not cause any hazard to public
health, safety or welfare or be injurious to properties within the vicinity because
the proposed residential addition would not be readily visible from public right-of-
ways or adjacent properties due to the location of the proposed addition on the
property, the location of the property itself and due to the property's surroundings.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission 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.
PC Resolution 23-11-08-05 5 November 8, 2023
CUSTODIAN OF RECORDS: The documents and materials associated with this
Resolution that constitutes the record of proceedings on which these findings are based
are located at San Juan Capistrano City Hall, 30448 Rancho Viejo Road, San Juan
Capistrano, CA. 92675. The custodian of these records is the Director of Development
Services.
SEVERABILITY: If any provision of this Resolution is held invalid, the remainder
of this Resolution shall not be affected by such invalidity, and the provisions of the
Resolution are severable.
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, Monday, November 27,
2023. This Project approval shall be valid for a period of one year from the effective date
of this resolution, and shall expire on November 27, 2024, unless the construction or use
of property authorized by this approval has commenced or unless a time extension
request is submitted, and subsequently, granted by the Zoning Administrator prior to that
date, in accordance with the applicable provisions of the Land Use Code.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the Appellant 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.D ~ay of::mber 2023.
Matt Gaffney, ~rson
Joel Raj Director/
Secreta