ZA Resolution-04-09-16-01ZA RESOLUTION NO. 04-09-16-01
ZONE VARIANCE (ZV) 04-08
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A TEN
(10’-011) FOOT ENCROACHMENT INTO THE SIDE YARD SETBACK TO
ACCOMMODATE AN 1,585 SQ. FT. TWO-STORY ADDITION. THE
PROPOSED PROJECT IS LOCATED AT 31505 PASEO CHRISTINA,
WITHIN THE SINGLE-FAMILY - 40,000 (RSE40,OOO) RESIDENTIAL
DISTRICT, AND MORE PRECISELY REFERRED TO AS ASSESSOR’S
PARCEL NUMBER 124-671 -31 (FRIESS RESIDENCE).
WHEREAS, The applicant Mr. Friess has requested approval of a variance
to Section 9-3.301(c), Development Standards of Title 9 Land Use Code to allow
construction of an 1,585 sq. ft. two story addition (approx. 880 sq. ft. of habitable area)
onto an existing single family detached dwelling and to encroach 10’-0” into the required
20‘4” side yard setback. The project site is located at 31 505 Paseo Christina in the “RSE-
40,000” Zone District and is designated “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-
I .I 1 I, Zoning Administrator Authority of the Land Use Code; and,
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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,
WHEREAS, the Zoning Administrator has conducted a duly noticed public
hearing on September 16, 2004 pursuant to Section 9-2.351 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:
I. There are special circumstances applicable to the property in relation to the
topography and its size. The approximately 35,315 square foot lot is 4,685 square
feet less than the minimum required within the RSE 40,000 Zoning District and
development of the site is limited by sloping terrain. Based upon these conditions, a
justification for approval of the variance request does exist.
2. The granting of the variance will not constitute a grant of special privilege because
the subject site and adjacent properties were developed with a 10 ft. side yard
setback, prior to the recent rezoning of the area to RSE - 40,000 at which time the
setback was increased to 20 ft. deeming existing structures as legal and non-
conforming. Therefore, the proposed addition would not constitute a special
ZV 04-08 -2- September 16,2004
privilege inconsistent with the limitations on other properties in the vicinity and under
the same zoning.
3. Except for the reduced side 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.
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 Very Low Density residential use. The proposed project
will maintain the existing single family use, it will not increase the existing density,
will be compatible with the surrounding area’s pattern of development, and will
retain the neighborhood’s character and style.
5. The proposed second story addition will be in character with the physical
development pattern of the neighborhood, which includes numerous two-story
structures.
6. The proposed addition will be the least impacting building alternative with respect to
impact on adjoining properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the issuance of Zone
Variance 04-08, subject to the following conditions of approval:
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Conditions of Approval
1. Prior to issuance of building permits the applicant shall submit an exhibit that
depicts the locations and sizes of all fenestration openings above the ground
level (lS‘floor) for the subject dwelling along the south elevation. The exhibit
shall demonstrate that all new fenestration on the proposed addition will be
offset from existing fenestration on adjacent properties to ensure that existing
or improved levels of privacy will be provided to adjacent properties, to the
greatest extent feasible, subject to review and approval by the Zoning
Administrator.
2. The applicant’s building permit plans shall be in substantial compliance with
the zone variance exhibits, as may be modified to comply with ZV 04-08
variance conditions of approval, subject to review and approval by the Zoning
Administrator.
3. The colors and materials palette for the proposed addition shall match or
complement that of the existing structure and shall be subject to review and
approval by the Zoning Administrator.
ZV 04-08 -3- September 16,2004
The applicant shall secure all applicable building permits for construction of
the proposed additions as required by the Building Official.
L’ 4.
5. Pursuant to Section 8-1.03 of the Land Use Code, project construction
activities, which include the delivery and/or recovery of materials, supplies or
construction equipment, shall be conducted in accordance with the following
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.
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 5:OO p.m. Thursday, October 1,
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 16th day of September, 2004 by . d
the following vote, to wit:
C: ZVO4-08 Fries-reso