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ZA Resolution-04-01-14-01ZA RESOLUTION NO. 04-01 -1 4-01 ZONE VARIANCE (ZV] 03-12 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL FOOT ENCROACHMENT INTO THE SIDE YARD SETBACK, WHERE A ENCROACHMENT INTO THE FRONT YARD SETBACK, WHERE A EXEMPTION AND APPROVING A VARIANCE TO ALLOW A FIVE (51-0") TEN (10'-0") FOOT IS REQUIRED AND A TEN (10"O") FOOT TWENTY (30'- W) FEET REARYARD SETBACK IS REQUIRED FOR THE PROPERTY LOCATED AT26375 CALLE LUCANA, WITHIN THE SINGLE- FAMILY- 20,000 (RS - 20,000) RESIDENTIAL ZONE DISTRICT, AND 649-21 3-51 (THORNE). MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER Whereas, Mr. Floyd Thorne is requesting approval of a zone variance to Section 9-3.301 (c), Development Standards of Title 9, Land Use Code to allow a proposed single-family detached home to encroach 5'-0" into the required 10'-0" side yard setback and a 10'-0" encroachment into the 30'-0" required front yard setback. The project site is located at 26381 Calle Lucana in the "RSE-20,000" (residential single-family estate, 20, 000 s.f. lot) Zone District and is designated as "2.1, Low Density Residential" on the General Plan Land Use Policy Map; and, L Whereas, the proposed project has been processed pursuant to Section 9- 2.301 , General Review Procedures of the Title 9, Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has issued a categorical exemption, has caused a Notice of Exemption to be posted pursuant to Section 15062 of the CEQA Guidelines; and, Whereas, the Zoning Administrator conducted a duly-noticed public hearing on January 14,2004 pursuant to Section 9-2.335 of Title 9, Land Use Code to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano hereby makes the following findings: I. There are special circumstances to the property in relation to the other properties within the neighborhood that were granted encroachments within the required front and side yard setbacks, such as the property located at 26361 Calle Lucana, which is approximately 100 feet to the east of the project site. Based upon this condition, a justification for approval of the variance request does exist. Denial of the i ZA Resolution 04-01-14-01 2 January 14,2004 L requested variance would prevent the applicant from enjoying a privilege enjoyed by other properties in the vicinity and under the identical zoning classification. 2. The granting of the variance will not constitute a granting of special privilege in that during the construction ofthis tract, the existing residences were built with zero and ten foot side yard setbacks and a twenty foot front -yard setback, which coincide with all the applicable development standards at that time. In addition the proposed project will maintain the architectural style and character to fit with the existing neighborhood. Therefore, these factors lead to a determination that this single family residential development would not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning. 3. Except for the reduced side-yard setback from ten (lO’-O’’) feet to five (5’4”) feet and the front-yard setback from thirty (30’-0”) feet to twenty (20’-0”) feet which would be allowed by the variance, this action will not result in any inconsistency with the provisions of Title 9 of the Municipal Code. Specifically, the property was recently changed from its original (RS 10,000) single-family residential to (RSE 20,000) single-family residential zoning designation, which imposed greater setbacks than those applied to the original development. In addition, the proposed 3,052 single- family residential dwelling unit would only occupy 22.9% of the 13,284 square foot lot, and therefore still maintain the 25% floor area ratio as required by the Municipal Code. c 4. The granting of this 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 Low Density residential use, and the proposed project will maintain a single- family use that does not increase the density. Furthermore, the project will be compatible with the surrounding area’s pattern of development, and will retain the neighborhood’s character and style. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator hereby approves Zone Variance 03-1 2 subject to the following conditions of a p p rova I : 1. The applicant’s building permit plans shall be in substantial compliance with the zone variance exhibits, subject to review and approval by the Zoning Administrator. 2. The applicant shall secure all applicable building permits for construction of the proposed additions as required by the Building Official. 3. The applicant shall ensure that the proposed project is consistent with the architectural design standards established throughout the surrounding developments. ZA Resolution 04-01 -14-01 3 January 14,2004 L 4. Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply with all construction activities, including the delivery andlor recovery of materials, supplies or construction equipment to be conducted in accordance with the prescribed hours of operation. Monday through Friday Sa tu rda y 7:OO a.m. to 6.00 p.m. 8:30 a.m. to 4:30 p.m. Construction activity is prohibited on Sundavs and on any federal holiday unless waived by the Building Official. EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.31 I of Title 9, Land Use Code, this project approval shall become effective following expiration of the fifteen (I 5) day appeal period without filing of a valid appeal application. The fifteen (15) day appeal period shall expire at 500 p.m. on Thursday, January 30, 2004. This project approval shall be valid for a period of two (2) years from the date of approval of this resolution and shall expire on January 30,2006 unless a time extension request has been submitted to the City; or a building/grading permit application has been submitted to the City; or in the case of a conditional use permit, the use has been established prior to the approval expiration date. L PASSED, APPROVED AND ADOPTED this 14th day of January, 2004. *&-- WiGam A. Ramsey, AICP, P:\PlanningWchiveW PROJECTSK~0312Thome\Thome-res.wpd