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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)