Resolution Number 98-9-1-5277
RESOLUTION NO. 98-9-1-5
APPROVING APPEAL OF ZONE VARIANCE 98-3
(VERDE SAN JUAN ESTATES HOMEOWNERS ASSOCIATIONILAVACOT)_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE ZONING
ADMINISTRATOR'S DECISION TO APPROVE A VARIANCE TO ALLOW A
SEVENTEEN -FOOT, SIX-INCH (17-6"') FRONT YARD SETBACK IN THE
SMALL FARM (RA) ZONE DISTRICT, FOR A 2.66 ACRE LOT LOCATED AT
30621 HILLTOP WAY (TRACT 9030, LOT 2, LAVACOTNERDE SAN JUAN
ESTATES HOMEOWNERS ASSOCIATION)
WHEREAS, Robert & Carol Lavacot (1810 Waltham Way, La Habra, California
9063 1) have requested approval of a variance to allow a 17'-6" frontyard setback where the Code
establishes a minimum of 30 feet for property located at 30621 Hilltop Way; and,
WHEREAS, on July 22, 1998, the Zoning Administrator conditionally approved the
subject variance to allow a IT -6" frontyard setback where the Code establishes a minimum of 30 feet
based on findings that the variance is consistent with the criteria established by Title 9, Land Use
Code; and,
WHERAS, on August 5, 1998 Verde San Juan Estates HOA (% Dirk A. Wray;
30551 Hilltop Way; San Juan Capistrano, California 92675) appealed the decision of the Zoning
Administrator to the City Council; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.405,
Zoning Administrator 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 issued a categorical
exemption and caused a Notice of Exemption to be posted pursuant to the City's Environmental
Review Guidelines, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (CEQA) ; and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on
July 22, 1998 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on
the proposed project; and,
WHEREAS, the City Council conducted a duly noticed public hearing on
September 1, 1998 pursuant to Section 9-2.313 of the Municipal Code to consider public testimony
on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of San
Juan Capistrano does hereby make the following findings:
1. There are special circumstanccb applicable to the property in that the lot has
a fairly small buildable pad in the front and a large sloped area falling off to a canyon in the rear.
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The CC&R's for the tract require a minimum 4,500 square foot house to be built on the lot and the
size of the house coupled with the constraints of the topography of the lot make the required setbacks
problematic. Two other lots on the street have received variances to build in the front yard setback,
30592 and 30701 Hilltop Way; and,
2. The granting of the variance will not constitute a grant of special privileges,
rather it will allow the property to be developed consistent with the CC&R's for the tract and
consistent the hillside grading ordinances of the Municipal Code.
3. The variance will not result in development which is inconsistent with the
provisions of Title 9 of the Municipal Code other than for the above stated encroachment.
4. The variance will not result in a development which is inconsistent with the
goals, policies and objectives of the General Plan. The General Plan designates the property for very
low density residential use and the variance would allow low density single family dwelling
development.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby denies the appeal and upholds the decision of the Zoning Administrator subject
to the following conditions of approval:
L The variance shall be in conformance with the project site development and
architectural plans entitled "Site Plan, Lot 2, Tract 9030, Robert Lavacot" dated June 25, 1998 and
submitted with this application.
2. The proposed principal residence shall be setback a minimum of 40'-9" from
the centerline of Hilltop Way resulting in a 6-9" encroachment into the required frontyard, and the
proposed garage shall be setback a mini num of 40'-0" from the centerline of Hilltop Way, resulting
in a 7-6" encroachment into the required frontyard
PASSED, APPROVED, AND ADOPTED this 1st day of
September ,1998.
ATTEST:
CITY CLE
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
98-9-1-5 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 1st day of September 1998, by the
following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J0HX90WCITY CLERK
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