ZA Resolution-07-03-01-01ZA RESOLUTION NO. 07-03-1-01
DEVELOPMENT STANDARDS ADJUSTMENT 07- 01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A DEVELOPMENT STANDARDS
ADJUSTMENT TO ALLOW THE CONSTRUCTION OF A FIRST AND
SECOND FLOOR ADDITION TO ENCROACH V-0" INTO THE SIDE
YARD SETBACK WHERE A 10'-0" SIDE YARD SETBACK IS
REQUIRED FOR 33531 AVENIDA CALITA (APN 675-041-11; PITMAN
RESIDENCE).
. Whereas, Ellis Pitman requests approval of a a ten percent (10%) adjustment
to Section 9-3.301 (Residential Districts Development Standards) to allow the construction
of a first and second floor addition to encroach V-0" into the 10'-0" side yard setback for
property located at 33531 Avenida Calita (Parcel 57 of Tract Map 8319, and Assessor
Parcel Number 675-041-11). The property is General Plan designated as MLD (Medium
Low Density- 2 to 3.5 Dus/Acre), and is designated as RS -7,000" Single Family Residential
on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review 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), and has issued a
Class 1 (e) (Existing Facilities) Categorical Exemption; and,
Whereas, Zoning Administrator conducted a duly noticed public meeting on
April 20, 2006 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. The requested adjustment is the most practical solution to the proposed project
because it will allow the applicant to construct an addition, similar in nature to other
homes in the neighborhood. The existing residence does not conform to the district
standards, and has an existing encroachment into the side yard of five feet 5-0" on
the first floor and an one foot V-0" encroachment on the second floor. In the
location of the addition the residence has an existing encroachment of one foot V-0"
encroachment into the side yard. The requested adjustment allows the resident the
ability to utilize the side wall, which is a weight bearing wall, as the support for the
second floor addition. The alternative to the applicant's request would require the
applicant maintain the ten foot setback, which would cause an undue hardship on
the resident, by requiring a redesign and significant structural improvements. Other
than the side yard setback encroachment, the residential structure meets all other
development standards
ZA Resolution 07-03-1-01 2 March 1, 2007
2. The proposed project does not adversely affect the adjoining properties because
the home was constructed thirty years ago and is consistent with other
developments in the vicinity. The proposed encroachment does not exceed the
current encroachment; and the new encroachment is considered minimal. The
proposed addition relocates an existing deck further into the property and away from
the side yard and introduces new building mass to provide privacy for both the
subject property and the neighboring property.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano hereby approves the project subject to the
conditions of approval contained in Exhibit "A'' attached hereto and incorporated herein;
and,
EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 9-2.311 of
Title 9, Land Use Code, this project approval shall become effective following expiration of
the fifteen (15) day appeal period without filing of a valid appeal application. The fifteen
(15) day appeal period shall expire at 5:00 p.m. on Thursday March 16, 2007. This project
approval shall be valid for a period two (2) years from. the date of approval of this resolution
and shall expire on March 1, 2009 unless a time extension request has been submitted to.
the City; or a building/grading permit application has been submitted to the City; or in the
case of a conditional use permit, the use has been established prior to the approval
expiration date..
PASSED, APPROVED AND ADOPTED this 1St day of March, 2007
iam A. Ramsey, Al
PAPlanning\Projects\DSA PROJECTS\DSA0701-Pittman\Resolution.doc
inistrator