ZA Resolution-23-10-19-01ZA RESOLUTION NO. 23-10-19-01
ZONE VARIANCE (ZV) 23-001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING OF ZONE VARIANCE (ZV) 23-001
RELATED TO DEVIATION FROM SECTION 9-3.301 OF TITLE 9 OF THE MUNICIPAL
CODE, WHICH REQUIRES A 30-FOOT FRONT YARD SETBACK FOR PRIMARY
STRUCTURES LOCATED AT THE PROPERTY ADDRESSED AS 26945 BERKSHIRE
LANE (APN:650-481-14) AND FINDING SAID ACTION EXEMPT FROM CEQA
REVIEW UNDER STATE CEQA GUIDELINES SECTION 15303 (NEW
CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) (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) 23-001, a request to deviate from Section 9-3.301 of Title 9 of the Municipal
Code, which requires a 30-foot front yard setback for primary structures located within the
RSE-40,000 zone district. The Applicant is proposing to establish a 20-foot front yard
setback for a 413 sq. ft. single-story addition to an existing single-story single-family
residence (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 Property 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 find 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 413 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, 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
ZA Resolution 23-10-19-01 2 October 19, 2023
WHEREAS, the Zoning Administrator conducted a duly-noticed public
hearing on October 19, 2023, 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 which exempts construction and location
of limited numbers of new, small facilities or structures, including but not limited to a single
family home and accessory structures, including garages, swimming pools, and fences.
According to State CEQA Guidelines, section 15303(a), one single-family residence in a
residential zone qualifies for the Class 3 exemption. Here, the entire Project is exempt
per Section 15303 because the project involves the construction of a 413 sq. fl. single-
story addition to an existing single-family residence within an existing RSE-40,000 zone
of the City.
Further, none of the exceptions in State CEQA Guidelines, section 15300.2 applies: the
Project will not impact an environmental resource of hazardous or critical concern that is
designated, precisely mapped, and officially adopted pursuant to law by federal, state, or
local agencies; this Project is not one of multiple projects of the same type and in the
same place; there are no unusual circumstances present to suggest the activity will have
a significant effect on the environment; this Project will not result in damage to scenic
resources, including but not limited to, trees, historic buildings, rock outcroppings, or
similar resources, within a highway officially designated as a state scenic highway this
Project is not located on a site which is included on any compiled hazardous waste sites
under Section 65962.5 of the Government code; and this Project will not have 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) 23-001, 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 23-1 0-19-01 3 October 19 , 2023
properties in the vicinity and under the identical zoning classification. The subject
Property is an irregularly shaped flag lot with the majority of the Property being
located 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
residential addition is limited compared to other properties in the vicinity that are
also regulated under the same RSE-40,000 zoning classification.
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 deviation 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 for the
addition to the existing dwelling while preserving the area of the subject Property
within the Ridgeline and Open Space Preservation (RP) District by allowing for the
siting of the addition to deviate from the minimum front yard 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 Zone Variance (ZV)
23-001, subject to those conditions of approval established by Exhibit A, attached hereto
and incorporated herein.
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.
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 4:30 P.M on Friday, November
3, 2023. 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 November 4, 2024, unless
ZA Resolution 23-10-19-01 4 October 19, 2023
construction or use of property authorized by the variance has commenced or a time
extension request has been granted by the City 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 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 ADOPTED this 19th day of October 2023
lie View, Zonin g Administrator
Paul Garcia, Principal P anner/Secretary
ZA Resolution 23-10-19-01 5
Exhibit A
Conditions of Approval
[Attached]
October 19, 2023
EXHIBIT A
RESOLUTION #: 23-10-19-01
CONDITIONS OF APPROVAL
Project#: ZV 23-001
Project Name: Reeves Residential Addition
APPROVAL DATE: October 19, 2023
These conditions of approval apply to Zone Variance (ZV) 23-001, a request to deviate
from Section 9-3.301 of Title 9 of the Municipal Code, which requires a minimum 30-foot
front yard setback for primary structures within the RSE-40,000 zoning district (the
"Project"). Any proposed changes to this approval shall be submitted to the City
Development Services Department, along with the required application and deposit or
fee, for review. For the purpose of these conditions, the term "Applicant" shall also mean
the owner or any successor(s) in interest to the terms of this approval.
Planning
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Zone Variance (ZV) 23-001 is granted to allow a reduction in the front yard
setback for a 413 sq. ft. first floor addition to the existing single-family
residence located at 26945 Berkshire Lane (Assessor Parcel Number: 650-
481-14 ). Approval is granted based on the development plans submitted by
Jim Conrad with James Conrad, Architects, on May 3, 2023. Said 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 plans, and which do not intensify or change the use or require any
deviations from adopted standards, may be approved by the Development
Services Director. Major modifications to this approval which are
determined by the Development Services Director to not be in substantial
conformance with the approved plans, require submittal of updated
application materials and the required application deposit. This Project
approval shall become effective following expiration of the fifteen ( 15) day
appeal period without filing of an appeal application. If not appealed, 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 November 4, 2024,
unless construction or use of property authorized by the variance has
commenced or a time extension has been granted by the City prior to that
date in accordance with the applicable provisions of the Land Use Code.
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
The Applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
Zoning Administrator Resolution 23-10-19-01 zv 23-001
Conditions of Approval
October 19, 2023
Page 2 of 3 Reeves Residence
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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.
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.
That the conditions of approval contained herein, shall be made part of the
construction drawings for the proposed development. Construction
drawings shall not be accepted for Plan Check without the conditions of
approval incorporated into the construction drawings.
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, the conditions and/or plans as stipulated in the later approval shall
prevail.
The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
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.
If it is determined that a grading permit is required, the Applicant shall
submit and obtain approval of a Grading Plan Modification prior to issuance
of a grading permit.
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:
Zoning Administrator Resolution 23-10-19-01
ZV23-001
Conditions of Approval
October 19, 2023
Page 3 of 3 Reeves Residence
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.
Orange County Fire Authority (OCFA)
11) _ Prior to issuance of a grading permit and/or building permit, the Applicant
shall provide documentation to the City that all OCFA requirements have
been satisfied.