ZA Resolution-04-05-20-02ZA RESOLUTION NO. 04-05-20-02
ZONE VARIANCE 04-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF ACATEGORICAL
EXEMPTION AND APPROVING A VARIANCE TO ALLOW A FIVE FOOT
ENCROACHMENT INTO THE FRONT SIDE YARD SETBACK, FOR THE
PROPERTY LOCATED AT 33062 VIA FESTIVO AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 650-613-25.
WHEREAS, the applicants, Mr. David and Carol Warlick, request approval
of a zone variance to Comprehensive Development Plan 86-4, Marbella Country Club,
development standards to allow a five foot encroachment into the required twenty foot
front yard setback, to add a third vehicle bay to an existing two car garage. The project site
is located at 30362 Via Festivo, within the PC (CDP 86-4, Marbella Country Club), Fairway
Residential (FR) District in the Official Zoning Map and is designated as 2.3 (Medium
Density Residential) on the General Plan Land Use Policy Map; and,
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, Class 5 ("Minor change in Land Use Limifations"), and has
caused a Notice of Exemption to be posted pursuant to Section I5062 of the CEQA
Guidelines; and,
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WHEREAS, the Zoning Administrator conducted a duly-noticed public
hearing on May 20, 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.
I NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano hereby makes the following findings:
1. There are special circumstances in regards the existing topography, in that this lot
along with the two adjacent lots to the north and the one to the south are impacted
by an existing slope at the rear of the property which causes the building structures
to be located towards the front of the lot. In addition to the existing topography, this
lot and the adjacent lot to the north, 33052 Via Festivo, have a width of at least IO
feet less than the lots to the south. Finally, these lots have a buildable area of at
least 1,000 square feet less than the adjacent lots to the south. Based upon these
conditions, a justification for approval of the requested zone variance does exist.
Denial of this request, would prevent the applicant from enjoying a privilege enjoyed
ZA Resolution 04-05-20-02 2 May 20,2004
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by other property owner within the vicinity and under the identical zoning
Classification.
2. The granting of the zone variance will not constitute a grant of special privilege,
since there are other properties and structures that were built within what is
currently considered the side and rear yard setbacks. Therefore, these factors lead
to a determination that the addition of the third vehicle bay to an existing two car
garage would not constitute a special privilege inconsistent with the limitations on
other properties in the vicinity and under the same zoning. In addition, the Home
Owner's Association Architectural Committee has approved the proposed project.
3. Except for the 5'-0" encroachment into the required 20'-0" front yard setback, which
would be allowed by the requested zone variance, this action will not result in any
inconsistency with the provisions of Title 9 of the Municipal Code. In addition to
these circumstances the Marbella Country Club Planned Community does not allow
off-street parking, therefore limiting the parking capacity to the number of existing
garages. Approval of this variance request will enable the applicants to meet that
requirement.
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 as Medium 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 pattern of
development, and will retain the neighborhoods architectural character and style.
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:
1.
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2.
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.
The applicant shall secure all applicable building permits for construction of
the proposed garage addition as required by the 2001 California Building
Code, and subject to Building Official approval.
3. Prior to building permit issuance, the applicant shall provide satisfactory
evidence to the Zoning Administrator 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.
ZA Resolution 04-05-20-02 3 May 20,2004
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.
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Monday through Friday
Saturday
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: 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 Friday June 4'h, 2004.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2004:
William A. Ramsey, AICP, Zoni A ministrator ??
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