ZA Resolution-12-01-18-01ZA RESOLUTION NO. 12-01-18-01
ZONE VARIANCE (ZV) 11-007, PILOTI RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A
20'-0" ENCROACHMENT INTO THE REQUIRED 30'-0" FRONT YARD
SETBACK FOR DECK ON A 10,000 SQUARE FOOT PARCEL
LOCATED AT 27002 PASEO ACTIVO AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER (APN) 675-193-02
(PILOTI RESIDENCE)
Whereas, Hugo Soria requests approval of a zone variance to allow a 20'-
0" encroachment into the front yard setback for a 346 square foot second story deck
joining two separate decks on property located at 27002 Paseo Activo. The project site
is General Plan -designated 2.1 Low Density and classified as RS -20,000 on the Official
Zoning Map; and,
Whereas, Akbar and Mina Piloti are owners of real property located at
27002 Paseo Activo (APN: 675-193-02); and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, General Review Procedures of the Title 9, Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA), has
issued a categorical exemption, has caused a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (CEQA); and,
Whereas, the Zoning Administrator conducted a duly -noticed public
hearing on January 18, 2012 pursuant to Section 9-2.335 of Title 9, Land Use Code to
consider public testimony on the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of
the City of San.Juan Capistrano hereby makes the following findings:
There are special circumstances applicable to the property including lot
dimensions, size, and topography which limit development. The property has an
approximate 50% grade along front, western, and part of the rear property lines.
The eastern portion of the property has an approximate 35% grade up to the
property line. The parcel is 10,000 square feet with a zoning classification of RS -
20,000 which places larger setback standards on the property. Due to the limited
ZA Resolution 12-01-18-01 2 January 18, 2012
developable area, the primary structure sits atop the front and western slopes on
a triangular pad.
2. The granting of the variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning because the proposed reduced front and side yard setback would
provide a similar right granted to other properties including four variance
approvals on three different properties for a reduced front yard setback less than
the presently required 30'-0". Two of the approved setback reduction variances
(ZV82-4, ZV80-1) allowed for a 10'-0" front yard setback to be established.
3. The variance would result in development which is otherwise consistent with the
provisions of Title 9, Land Use Code because the proposed application would
meet all other provisions of Title 9 of the Municipal Code.
4. The variance would result in development which is consistent with the goals,
policies, and objectives of the General Plan because the granting of the variance
would not result in a project which is inconsistent with the goals, policies, and
objectives of the General Plan, specifically the Land Use Element since there is
not a change in density or land use and the structure would maintain its existing,
permitted single-family residential use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves a 20'-0" front yard setback encroachment for the
proposed deck addition subject to those conditions contained in Exhibit A attached
hereto and incorporated herein.
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, February 2, 2012.
This project approval shall be valid for a period of one (1) year from the date of approval
of this resolution and shall expire on January 18, 2013 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 18th day of January, 2012.
D vid Contreras, Senior PI nner,
Acting Zoning Administrator