ZA Resolution-04-04-22-02ZA RESOLUTION NO. 04-04-22-02
ZONE VARIANCE (ZV) 04-04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL
EXEMPTION AND RECOMMENDING APPROVAL OF A VARIANCE TO
ENCROACH 5'10" INTO THE REQUIRED 20'10" SIDE YARD SETBACK
AND TO ALLOW A 19 PERCENT FLOOR AREA RATIO (FAR), WHERE
THE MAXIMUM ALLOWED IS 15 PERCENT FOR THE PROPOSED
MAMBRINO AND MORE PRECISELY REFERRED TO AS ASSESSORS
(RSE40,OOO) SINGLE-FAMILY RESIDENCE
PARCEL NUMBER 664-101 -29.
LOCATED AT 28452 VIA
WHEREAS, The applicant, Mr. Thomas Bau is requesting a variance to
Section 9-3.301 (c), Development Standards of the Land Use Code to allow a new 6,603
square foot single-family dwelling unit to encroach 5'-0" into the required 20'4" side yard
setback and to allow a 19 percent Floor Area Ratio (FAR) of the first floor to the lot area
ratio , where the maximum allowed is 15 percent, applicable to the proposed project site
which is located at 28452 Via Mambrino. The proposed project site is General Plan
designated as (LD, 1 .I to 2.0 DUs/Acre), Low Density and classified as (RSE- 40,000)
Residential Single Family on the Official Zoning Map; and,
L WHEREAS, the proposed project has been processed pursuant to Section
9-2.405, Zoning Administrator procedures of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuaht 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 April 22,2004 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 that are applicable to the property in regards to the
existing size of the lot which is approximately 6,241 square feet less than the
minimum required within the RSE 40,000 Zoning District. The shape of the lot is
irregular, ranging from 175 lineal feet at the front to 35 lineal feet at the rear with
curvilinear side property lines. The five foot encroachment into the required 20'4"
side yard setback will not constitute a grant or special privileges inconsistent with
structural setback limitations upon other properties within the project's vicinity
because there are other existing properties in the vicinity that have encroachments
ZA Resolution 04-04-22-02 2 April 22,2004
u greater than five feet into the required side yard setbacks. Given the existing
conditions applicable to the lot and the proposed residential development, strict
application of the Municipal Code would deprive the applicant of privileges enjoyed
by adjacent neighbors within the Hidden Mountain Estates community.
2. The granting of this variance will not constitute a grant of special privileges, in that
there are other existing structures and dwelling units that are established within
what is currently considered the side yard setbacks. It should also be noted that
there are existing structures and dwelling units that are almost constructed, within
the currently established side yard setbacks. Therefore, granting of the variance will
not constitute a grant of special privileges.
3. Except for the five foot encroachment into the required 20'4" side yard setback and
exceeding the maximum allowed FloorArea Ratio (FAR)of 15 percent, which would
be allowed by the variance, this project would not result in any inconsistency with
the provisions of Title 9 of 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. The General Plan
designates the property for (LD) 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 areas and will
retain the neighborhood's character and architectural style.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the issuance of Zone
Varianye 04-04, subject to the following conditions of approval:
1. The applicant shall secure all applicable building permits for construction of
the proposed single-family residence as required by the Building Official.
2. 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.
3. Prior to building permit issuance, the applicant shall provide satisfactory
evidence that all building permit plans have been reviewed, and approved by
the Home Owner's Association (HOA).
4. 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.
Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
ZA Resolution 04-04-22-02 3 April 22,2004
L Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
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; Friday, May 7,2004.
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 22th day of April, 2004, by the
following vote, to wit:
&@2mh*
mliam A. Ramsey, AICP, Z
(C:Wy &rnents\WordPerfect DocumenkACurrent PlanningVv 04-04 BauU3au-reso.wpd)