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