ZA Resolution-12-04-04-021 -1 ZONE
VARIANCE 11
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 6'-
0" ENCROACHMENT INTO THE REQUIRED 16'-0" REAR YARD
SETBACK FOR A PROPOSED 603 SQUARE FOOT ADDITION ONTO
AN EXISTING DETACHED GARAGE TO ALLOW FOR STORAGE, A
WORKSHOP, AND A STUDIO. THE PROJECT IS LOCATED AT 31492
LA MATANZA STREET AND MORE PRECISELY REFERRED TO AS
ASSESSOR PARCEL NUMBER (APN) 124-212-19 (WARREN
RESIDENCE)
Whereas, Tyler Warren requests approval of a zone variance to allow a 6'-
0" encroachment into the required 16'-0" rear yard setback for a proposed 603 square
foot addition onto an existing detached garage to allow for storage, a workshop, and a
studio on property located at 31492 La Matanza Street. The project site is General Plan -
designated 2.4 Medium -High Density Residential and classified as MRD -4,000 on the
Official Zoning Map; and,
Whereas, Tyler Warren is the owner of real property located at 31492 La
Matanza Street (APN 124-212-19); 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 April 4, 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:
Although the applicant's property does not exhibit any physical special
characteristics, the properties within the Mission Residential District (MRD -4,000)
were built from the 1900's through 1950 which do not always conform to the
City's zoning development standards due to the existing conditions of the historic
ZA Resolution 12-04-04-02 2 April 4, 2012
properties.
Seven Properties within the MRD -4,000 District near the applicant's property
have received variances to their rear yard setbacks. The property adjacent to the
rear property line with .the .applicant (addressed off ,.La Calera St) has an
approved zone variance (ZV 01-08) establishing a 10'-0" rear yard setback,
which is the same as the applicant's request. Additionally, a property on Don
,Juan Avenue received a rear yard setback variance (ZV 79-10) in excess of the
applicant's request allowing for a rear yard setback of 6-0".
2. Seven property owners within the area have received similar variances to their
rear yard setbacks, and six neighbors are legal non -conforming with setbacks
established at less than the required 16 feet (in some cases, a 0,4, rear yard
setback was observed). Granting a variance would not constitute a special
privilege.
3. The proposed improvements meet all applicable development standards for the
MRD -4,000 district, with the exception of the rear yard setback. Granting of the
variance would not result in a project which is inconsistent with the goals,
policies, and objectives of the General Plan.
4. The improvements requested to be made are in the rear yard, and therefore,
would only affect the property owner adjacent to the rear property line. This
neighboring property maintains an existing 10' rear yard setback through ZV 01-
08,
1-08, which leads staff to believe that the project would not be materially
detrimental to the public health, safety, or welfare, or injurious to the properties or
improvements in the vicinity and land use district.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator hereby approves a 6'-0" encroachment into the required 16'-0" rear yard
setback for the proposed 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, April 19, 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 April 4, 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.
I ZA Resolution 12-04-04-02 3 April 4, 2012
Grant Taylor, Dirorof Development Services,
Acting Zoning Administrator