ZA Resolution-04-03-04-01ZA RESOLUTION NO. 04-03-04-01
ZONE VARIANCE (ZVI 04-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CIN OF SAN
0") FOOT ENCROACHMENT INTO THE REAR YARD SETBACK TO
ACCOMMODATE A FREE STANDING, 718 SQUARE FOOT DETACHED
POOL HOUSE. THE PROPOSED PROJECT IS LOCATED AT 32141 COOK
JUAN CAPISTRANO APPROVING AVARIANCE TO ALLOW A FIFTEEN (19-
LAN E, WITHIN THE "RSE-40,OOO" (RESIDENTIAL SINGLE-FAMILY ESTATE-
40,000 S.F. LOT MINIMUM) DISTRICT (ASSESSORS PARCEL NUMBER 673-
061 -4O)(SAHM)
WHEREAS, The propertyowner, Mr. Sahm has requested approval of a variance
to Section 9-3.501 (b)(Z)(D), Accessory Uses and Structures Development Standards of the
Land Use Code to allow a detached 718 square foot pool house to encroach fifteen (I 5'-0") feet
into the rear yard setback, where the Municipal Code requires accessory structures over 450
square feet to conform with the same rear yard setback requirements as applied for the main
building in the applicable district. The proposed project site is located at 32141 Cook Lane within
the Single-Family-40,000 (RSE-40,OOO) Residential District in the Official Zoning Map and is
designated as 2.0 Very Low Density Residential on the General Plan Land Use Policy Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.405, Zoning Administrator procedures of the Land Use Code; and,
u
WHEREAS, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA), issued a Class 5, (Minor
Alterations in Land Use Limitations) categorical exemption, and caused a Notice of Exemption
to be posted pursuant to Section 15062 of the CEQA Guidelines; and,
WHEREAS, the Zoning Administrator has conducted a duly noticed public hearing
on March 4, 2004 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 Zoning Administrator of the City
of San Juan Capistrano does hereby make the following findings:
1. There are special circumstances to the property in relation to the shape of the lot and its
location because the lot is irregular in shape, it has a narrow front with a wide rear yard,
therefore causing the residential development to be pushed to the rear of the lot.
2. The granting of the variance will not constitute a grant of special privilege in that during
construction of the tract, structures were built within what is currently considered the rear
yard setback.
tv
3. Except for the reduced front yard setback which would be allowed by the variance, the
granting of this variance will not result in any inconsistency with the provisions of Title 9
of the Municipal Code.
ZA Resolution 04-03-04-01 2 March 4,2004
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 because the General Plan
designates the property for “2.3, Medium Density Residential-maximum 5.0 du/acre”, and
the proposed project is consistent with the use and density provisions of the Plan.
L/
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves Zone Variance 04-01 subject
to the following conditions of approval:
1. The project shall secure all applicable building permits for construction of the proposed
building additions as required by the Building Official.
2. Prior to building permit issuance, the applicant’s building permit plans shall be subject
to review for substantial compliance with the zone variance site and architectural plans
by the Zoning Administrator or his designee.
3. Pursuant to Section 8-1.03 of the Land Use Code, all construction activities including the
delivery and/or recoveryof materials, supplies or construction equipment, shall be limited
to the following days and hours of operation:
Monday through Friday
Saturday
Sundays and Federal holidays prohibited
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
L 4. ‘ The property owner shall be prohibited from using and/or converting the detached
accessory structure to a “secondary dwelling unit” unless and until the property owner
has submitted building permit plans to the City for review and approval in compliance
with the “secondary dwelling unit” standards and payment of all applicable fees
associated with such units.
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 5:OO p.m; Friday, March 19, 2004. This project
approval shall be valid from the date of approval of this resolution, and shall expire two (2) years
after, unless a time extension request or building/grading permit application related to this
discretionary approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 4th day of March, 2004, by the
following vote, to wit:
William A. Ramsey, AICP, ning Admini trator T;d (Sahm-reso-rev.wpd)