ZA Resolution-04-07-01-01ZA RESOLUTION NO. 04-7-1 -I
ZONE VARIANCE (ZV) 04-06
A RESOLUTION OF THE ZONING ADMlNlSTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ENCROACH
5'4" INTO THE REQUIRED 20'4" SIDE YARD SETBACK FOR A
PROPOSED (RSE40,OOO) SINGLE-FAMILY RESIDENCE LOCATED AT
PASEO ELEGANCIA, LOT 12 OF MARBELLA CREST ESTATES AND
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER
650-392-1 2 (BORANIAN).
WHEREAS, Eric Boranian requests a variance from Section 9-3.301 (c),
Development Standards of the Land Use Code to allow a new 5,300 square foot single-
family dwelling unit to encroach 5'-0'' and a detached garage to encroach 10'-0'' into the
required 20'-0" side yard setback, applicable to the proposed project site which is located
at Lot I2 Paseo Elegancia. The proposed project site is General Plan designated as (VLD,
0 to I .O DUs/Acre), Very Low Density and classified as (RSE- 40,000) Residential Single
Family on the Official Zoning Map; and,
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
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), issued a
Class 5 (a), (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,
v
WHEREAS, the Zoning Administrator 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:
I. There are special circumstances that are applicable to the property in regards to the
existing setbacks and strict application of the Municipal Code, that have been
imposed on Lot 12 would cause the property to be deprived of the same privileges
enjoyed by other properties in the neighborhood and with the same zoning
classification.
2. The granting of this variance will not constitute a grant of special privileges in that
other properties in the neighborhood benefit from 10 foot side yard setbacks.
Therefore, granting of the variance will not constitute a grant of special privileges.
ZA Resolution 04-7-1-1 2 July 1,2004
L- 3. Except for the proposed five foot encroachment into the required 20 foot side yard
setback, 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 (VLD) Very Low Density residential use, and the
proposed project will maintain a single family use and will not increase the density
on the property. Furthermore, the project will be compatible with the surrounding
area provided the garage encroachment is limited to 3-0’’ 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 Zone Variance 04-03,
allowing a maximum V-0” encroachment for the garage and the single family dwelling
residence subject to the following conditions of approval:
I. The applicant shall secure all applicable building permits for construction of
the proposed additions 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 to the Zoning Administrator 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.
Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
5. Prior to the issuance of any grading plan, the applicant shall submit a
Landscape Plan to the Zoning Administrator for review and approval that
provides vertical screen trees along the west property line, adjacent to Lot
14, and screen trees along the front of the proposed detached garage facing
the adjoining driveway.
ZA Resolution 04-7-1-1 3 July 1, 2004
Prior to the issuance of any certificate of occupancy, the applicant shall
install all approved screen trees along the west property line, adjacent to Lot
14 and on both sides of the proposed detached garage; and the applicant
shall acquire the input and approval of the landscape planting from the
residents of Lot 14.
6. Storage of any motor vehicles on-site shall be prohibited. No parking of
recreational vehicles, boats, trailers, etc shall be allowed between the
detached garage and the adjoining property line, in front of the detached
garage, on the garage driveway apron, or in the private access easement to
Lot 14.
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; Friday, July 16,2004.
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 1st day of July, 2004, by the
following vote, to wit:
&
Wiliam A. Ramsey, AICP,
(C:\MyFiles\Current Planning\GPM\GPM0403BoranianResidence\ZV 04-03 ZArevised resol 7june04.wpd)