CHC Resolution-99-09-28-01CHC RESOLUTION NO. 99-9-28-l
SITE PLAN REVIEW (SPR) 99-03. ZONE VARIANCE (ZV) 99-08
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING CONDITIONAL APPROVAL OF A SITE PLAN
REVIEW (SPR) AND ZONE VARIANCE FOR CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE ON AN EXISTING 8,800 SQUARE FOOT PARCEL LOCATED AT
26616 MISSION STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 121-142-04 (FITTS).
Whereas, David & Stacey Fitts requests approval of a site plan to construct a
new 1,590 square foot single family residence and a 450 square foot garage, and also
requests approval of a zone variance to allow an 0.18 floor area ratio (FAR) where the Low
Density Residential (LDR) District limits development to a maximum 0.15 FAR, and to allow
a 1,590 square foot structure where the District limits single family residences to a maximum
1,500 square feet, and to allow 63% open area where the District requires a minimum of
70%, on an existing 8,800 square foot parcel located at 26616 Mission Street in the Los Rios
Specific Plan area; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code and Article 4.1 of the Los Rios Precise
Plan, and, -
Whereas, the Environmental Coordinator has reviewed the project pursuant to
Section 15061 of the California Environmental Quality Act (CEQA) and issued a Class 2
categorical exemption and caused a Notice of Exemption to be posted pursuant to the City’s
Environmental Review Guidelines, and has otherwlse complied with all applicable provisions
of the California Environmental Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission has considered the Environmental
Coordinators determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA) and conducted a duly noticed public meeting on September 28, 1999
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 Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Land Use Element and Historic
Archeological Element; and,
2. The proposed project complies with all applicable provisions of Title 9, Land Use
Code subject to the conditions of approval contained in this resolution; and,
CHC Resolution 99-9-28-l -2- September 28, 1999
- 3. The proposed project complies with all applicable provisions of the Los Rios Precise
Plan Title 9, Land Use Code subject to the conditions of approval contained in this
resolution
4. The requested zone variances comply with the criteria established by Section g-2.304
and more specifically:
a. there are special circumstances applicable to the property with respect to size
so that the strict application of the Code would deprive the property of
privileges enjoyed by other properties in the vicinity and with the same zoning
classification because the property is 8,800 square feet whereas the Low
Density Residential (LDR) District establishes an implied minimum lot size of
10,000 square feet, and there are special circumstances with respect to
configuration because the “pipestem” access requires a disproportionate area
of the property be devoted to motor vehicle access which does not comply with
the “open area” standard; and,
b. granting of the variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning; and,
C granting of the variance would not result in development which is otherwise
inconsistent with the provisions of Title 9 of the Municipal Code; and,
d. granting of the variance would not result in development which is inconsistent
with the goals, policies, and objectives of the General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano hereby confirms the issuance of a
categorical exemption and recommends approval of the project subject to the following
conditions of approval:
1. Building permit plans for the project, including site and architectural plans, shall
substantially comply with the Planning Commission-plans approved plans, subject to
revisions as required by other conditions of approval herein, subject to the satisfaction
of the Planning Director or his designee.
2. Pnor to building permit issuance, the project plans for the proposed structure shall
indicate a minimum l’-0” eave overhang, and may include fascia, but will not include
soffits.
3 Prior to building permit issuance, the project shall demonstrate consistency with the
Planning Commission-approved material and color board Prior to occupancy permit
CHC Resolution 99-9-28-l -3- September 28, 1999
issuance, the Planning Director or his designee shall determine that the materials and
colors are consistent with the Planning Commission-approved material & color board.
4. Prior to building permit issuance, the project building plans shall be revised to:
a) replace the proposed 3078 windows with 3060 or 3066 windows, and replace
the proposed 3078 window on the east elevation of the utility room with a 3040
window.
W replace the “French” door, as the main entry door on the east (front) elevation,
with a style of door compatible with the architectural style of the structure and
the design guidelines of the “SP” (Specific Plan) District.
5.
c) eliminate the proposed window on the east (front) elevation to the “hallway.”
Exterior floodlights shall only be permitted on the west elevation (rear) at the south
edge of the bay window to illuminate the patio area, and on the east elevation (front)
and mounted to illuminate the walkway and the area between the proposed house and
the garage. Floodlights shall be oriented and shielded so as to prevent any light and
glare impacts on adjoining residences.
PASSED, APPROVED AND ADOPTED this 28th day of September, 1999, by
the following vote,
AYES:
NOES:
ABSTAIN:
ABSENT:
to wit:
Commissioners Allen, Forster, Seigel, Tryon, and Chairman Belardes
none
none
Commissioners Buser and Hardy
A
(C \WPWIN61\CP\SP9903Rl ‘A’PD)
David Belardes, Chairman