ZA Resolution-04-09-16-02ZA RESOLUTION NO. 04-9-16-2
ZONE VARIANCE (ZV) 03-05
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING AN AMENDMENT TO THE
PREVIOUSLY APPROVED ZONE VARIANCE, WHICH ALLOWED A 3'10"
ENCROACHMENT INTO THE REQUIRED 20'10" REARYARD, TO ALLOW
A 3'4" STRUCTURE ENCROACHMENT AND A l'-O" EAVE ENCROACH-
MENT INTO THE REQUIRED 10'10" REQUIRED SIDE YARD SETBACK IN
DISTRICT ON A LOT LOCATED AT 25577 VIA SOLIS AND REFERRED
THE "RS 7000" (SINGLE-FAMILY 7,000 S.F. LOT MINIMUM) ZONE
TO AS ASSESSORS PARCEL NUMBER 668-201-12 (WALTON)
WHEREAS, Mark G. Walton requests approval of an amendment to a zone
variance previously approved by the Zoning Administrator on July 16,2003, at which time,
the Zoning Administrator approved a 3'4" encroachment into the required 20'-0" rear yard
setback. The applicant now requests that the Zoning Administrator approve an amendment
to also allow a 3'-0" building encroachment and a 1'-0" eave encroachment] for a IO square
foot portion of an addition, into the required 10'-0" side yard setback on an existing lot
located at 25577 Via Solis, which is General Plan-designated as (MD) Medium Density
Residential (3.5 to 5 DU/Acre) and classified as Single-Family-7,000 (RS 7,000) residential
zone district on the Official Zoning Map; and, u
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, (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 Administratorconducted a duly noticed public hearing
on September 16, 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 in relation to the shape of the lot and location
because the 7,303 square foot lot is triangular-shaped which constrains the siting
of potential additions and provides limited area to the rear and side of the structure;
and the lot is located at a street knuckle which results in a narrower street frontage
and narrower lot width than that found on adjacent properties.
ZA Resolution 04-9-1 6 -2 2 September 16,2004
u 2. The granting of the variance will not constitute a grant of special privilege in that the
current 20"" rear yard setback was established under Zoning Ordinance
development standards which went into effect in November 2002, and the previous
rearyard setback standard was 10'-0" so that the original construction of the tract
resulted in numerous homes built to the 10'-0'' standard which are now legal non-
conforming with respect to the 20'-0" rearyard setback.
3. Except for the reduced rear yard setback and side yard setback encroachment, this
action will not result in any inconsistency with the provisions of Title 9 of the
Municipal Code because the proposed residential development would occupy 59%
of the 7,436 square foot lot and provide 41% open space whereas the Code
requires a minimum of 30% open space.
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 because the General
Plan designates the property for 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 neighborhood, and
will retain the neighborhood's design character and style.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves Zone Variance 03-05
subject to the following conditions of approval: 'u
1. Prior to building or grading permit issuance, the building or grading permit plans
shall be reviewed for conformance with all applicable conditions of approval
contained herein and shall only be approved if determined to be in substantial
conformance with this discretionary approval subject to review and approval by the
Zoning Administrator or his designee.
2. The proposed project shall be consistent with the architectural design of the existing
principal structure and with the existing homes within the surrounding neighborhood
including materials, color pallette, doors and windows subject to review and
approval by the Zoning Administrator.
3. Prior to any construction, the applicant shall secure all required building or grading
permits for construction of the proposed addition as required by the Uniform
Building Code (UBC) and as determined by the Building Official.
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.
ZA Resolution 04-9-16 -2 3 September 16,2004
Monday through Friday
Saturday
7:OO a.m. to 6.00 p.m.
8:30 a.m. to 4:30 p.m.
L,
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; Friday, October 1,2004.
This project approval shall be valid for two years from the date of approval of this
resolution, and shall expire on September 16, 2006, unless a time extension request or
building or 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 the following vote, to wit:
lliam A. Ramsey, AICP, ning Ad inistrator
(P:\Planning\ArchiveW PROJECTSKv0305Mod-Walton\zv0305-ZA-res04-9-16-1 .wpd)
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