ZA Resolution-05-02-03-01ZA RESOLUTION NO. 05-2-3-1
ZONE VARIANCE (ZV) 04-10
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO LEGALIZE AN
EXISTING 10’4’’ ENCROACHMENT OF A SINGLE FAMILY DWELLING
20’4’’ SIDE YARD SETBACK, AND AUTHORIZE RETAINING WALLS TO
A MAXIMUM HEIGHT OF 6’-0’’, AND ALLOW A SWIMMING POOL TO
EXISTING SINGLE FAMILY RESIDENCE LOCATED AT VIA FESTIVO,
LOT 2 OF MARBELLA CREST ESTATES AND MORE PRECISELY
(KOOKLAN).
INTO THE 30’-0” FRONT YARD, AND 5’4’’ ENCROACHMENT INTO THE
ENCROACH 8’-0” INTO THE 30’4” FRONT YARD SETBACK FOR AN
REFERRED TO AS ASSESSORS PARCEL NUMBER 650-39242
WHEREAS, John Kooklan requests a variance to Section 9-3.301 to legalize
an existing 10’-0” encroachment of a single family dwelling into the 30’”’’ front yard, and 5’-
6’’ encroachment into the 20’-0” side yard setback; and Section 9-3.517 to authorize
retaining walls to a maximum height of 6’-0” where the code limits walls to 3’-0”; and
Section 9-3.551(b) to allow a swimming pool to encroach 8’-0’’ into the 30’-0” front yard
setback on a 3.21 acre lot located at Lot 2 Via Festivo. The proposed project site is
General Plan designated as (VLD, 0 to 1 .O DUs/Acre), Very Low Density and classified as
(RSE- 40,000) Residential Single Family on the Official Zoning Map; and,
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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 ,
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 that have been approved on Lot 2 that 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 side yard setbacks that are less
than 20 feet. Therefore, granting of the variance will not constitute a grant of special
privileges.
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3. Except for the proposed encroachments into the required front and side yard
setbacks, and the proposed wall height variance, 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 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 the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (I 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:OO p.m; Friday, February 18,
2005. 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.
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PASSED, APPROVED AND ADOPTED this 3rd day of February, 2005, by
the following vote, to wit:
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William A . Ramsey,%ICP,poning Admkistrator
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EXHIBIT A
CONDITIONS OF APPROVAL TO
ZONING ADMINISTRATOR RESOLUTION NO. 05-2-3-1
ZONE VARIANCE (ZV) 04-10, KOOKLAN RESIDENCE
General Conditions:
1.
2.
3.
4.
The applicant shall secure all applicable building permits for construction of the
proposed additions as required by the Building Official.
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.
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).
Pursuant to Section 8-1.03 of the Building 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.
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Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official.
5. Prior to the issuance of any building permit, the applicant shall submit a Landscape
Plan to the Zoning Administrator for review and approval that provides landscape
screening of the proposed retaining walls located in the front yard setback area, and
landscape screening of the proposed trash enclosure, and that provides shrubs and
ground cover on all manufactured slopes.
Prior to the issuance of any certificate of occupancy, the applicant shall install all
plant material as approved in the landscape plan
Applicant Acceptance of all conditions of approval: