ZA Resolution-04-04-15-01ZA RESOLUTION NO. 04104-15101
ZONE VARIANCE 04-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
'SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A VARIANCE TO
5'16" HIGH PILASTER COMBINATION ALONG WITH A 6'4" HIGH
ENTRY GATE WITHIN THE FRONT YARD SETBACK FOR AN
EXISTING PROPERTY IS LOCATED AT 28541 VIA PRIMAVERA AND
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL
ALLOW THE CONSTRUCTION OF 5'-0'' HIGH MASONRY WALL WITH
NUMBER 664-182104.
Whereas, The applicants, Mr. Richard and Janna Tasker are seeking a zone
variance approval to Section 9-3.51 7(c)(2) Development Standards of the Land Use Code
to allow a solid 5'-0" high masonry wall with 5'-6" pilaster combination along with a @-Ow
entry gate, where the Municipal Code allows a maximum height of 3'-0", within the required
front yard setback. The property is General Plan designated as (VLD) "2.0 Very Low Density
Residential", and classified as PC (Planned Community)and subject to CDP 86-2, Rancho
San Juan which designates the property as "CR Country Estate Residential on the Official
Zoning Map.
Whereas, the proposed project has been processed pursuant to Section 9-
i 2.301, Development Review 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 has issued a
Class 5 categorical exemption, and caused a Notice of Exemption to be posted pursuant
to Section 15062 of the CEQA Guidelines; and,
Whereas, Zoning Administrator conducted a duly noticed public hearing on
April 15, 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 pan Juan Capistrano does hereby make the following findings:
1. There are special circumstances applicable to the property with respect to the
surrounding properties and location of the lot. The proposed fence will actually be
an extension of the adjacent property wall, which will maintain the same height and
location. Therefore, the proposed project will provide a private court yard similar to
the adjacent neighbors.
2. The granting of this variance would not constitute a special privilege to the extent
that other adjacent properties in the area have been developed with solid walls and
ZA Resolution 04-04-1 5-01 2 April 15,2004 - fences along the front of their properties. In addition the Home Owner's Association
Architectural Committee has approved the proposed wall.
3. Fxcept for the approval of the solid 5'-0" high masonry wall and 5'-6" pilaster
combination along with a 6'-0" high entry gate within the front yard setback, 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 as stated by Section 9-3.517
(c)(2). The purpose of this project is to provide additional screening and privacy
similar to the surrounding properties that have walls and fences that exceed the
heights as established by the Municipal Code.
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. Furthermore, the
proposed project will be compatible with the surrounding properties and will retain
the neighborhood's character and style. Strict application would deprive the property
of rights available to other properties in the area under the same zoning
classification.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby recommends approval the project
subject to the following conditions of approval:
L- Conditions of Amroval
1. The applicant's building permit plans shall be in substantial compliance with
the zone variance site plan and architectural plans, subject to review and
approval by the Zoning Administrator.
2. The applicant shall secure all applicable building permits for construction of
the proposed wall as required by the 2001 California Building Code, subject
to approval by the Building Official.
3. Prior to the building permit issuance the applicant shall demonstrate that all
building permit plans have been reviewed, and approved by the Home
Owner's Association (HOA) Architectural Committee prior to submission for
plan check by the City of San Juan Capistrano Building Department.
Pursuant to Section 8-1.03 of the Land Use Code, the project shall comply
with all construction activities which includes the delivery and/or recovery of
materials, supplies or construction equipment shall be conducted in
accordance with the prescribed hours of operation.
I
4.
Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
ZA Resolution 04-04-1 5-01 3 April 15,2004
-_/ Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
5.
I maintained by the applicant.
The area between walls to back of sidewalk shall be landscaped and
6. The proposed lighting fixtures attached to the pilasters shall have optical
shield chambers strategically oriented in order to reduce any possible light
spillage.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m. on Thursday May 1''.
,2004.
PASSED, APPROVED AND ADOPTED this 15th day of April, 2004:
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