ZA Resolution-05-03-24-02ZA RESOLUTION NO. 05-3-24-2
ZONE VARIANCE (ZV) 05-01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
0” ENCROACHMENT OF A POOLlBATH HOUSE INTO THE 150’-0”
FOR AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 27152
HIGHLAND DRIVE, LOT 25 OF CAPISTRANO ROYALE AND MORE
512-06 (BENDER RESIDENCE).
SAN JUAN CAPISTRANO APPROVING AVARIANCE TO ALLOW A 100’-
FRONT YARD, AND ALLOW A WALL TO A MAXIMUM HEIGHT OF 6’-0”,
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 650-
WHEREAS, Charles Rathfon requests a variance to Section 9-3.301 to allow
a 100’-0” encroachment of a pool/bath house into the 150’-0” front yard setback and to
allow a wall to a maximum height of 6’-0” where the code limits walls in the front yard to 3’-
0” on a 2.5 acre lot located at 27152 Highland Drive (Tract 10103, Lot 25) Capistrano
Royale, approximately 700 feet west of Hillside Terrace. The proposed project site is
General Plan designated as (VLD, 0 to I .O DUs/Acre), Very Low Density and classified as
(RA) Residential Agriculture on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
I 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), (MinorAlterafions in Land Use Limifafions) 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 March 24,2005 pursuant to Section 9-2.31 3 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 that are applicable to the property in regards to the
setbacks that were approved on this lot on November 15, 2001. The new setback
standards have caused 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 150 feet. Therefore, granting of the variance will not constitute a grant of
special privileges.
ZA Resolution 05-3-24-2 2 March 24,2005
3. Except for the proposed encroachments into the required front yard setback, 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 the
following conditions of approval:
Conditions of Amroval
1. The applicant‘s building permit plans shall be in substantial compliance with
the Development Standards Adjustment site plan and architectural plans,
subject to review and approval by the Zoning Administrator.
2. The applicant shall secure all applicable building permits for construction of
the proposed wall as required by the 2001 California Building Code.
3. 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.
4. The project shall be constructed per the Zoning Administrator approved
architectural plans. Any variations shall be submitted to the Planning
Department for review.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m; Friday, April 8, 2005.
This project approval shall be valid from the date of approval of this resolution, and shall
u 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 24th day of March, 2005, by the
following vote, to wit:
W&*b*
William A. Ramsey, AICP, Zoni
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