ZA Resolution-12-06-06-01ZA RESOLUTION NO. 12-06-06-01
ZONE VARIANCE (ZV) 12-003, BLACKBURN RESIDENCE
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 39-
0" ENCROACHMENT INTO THE REQUIRED 10'-0" SIDE YARD
SETBACK, FOR A PROPOSED 660 SQUARE FOOT SECOND STORY
ADDITION ONTO AN EXISTING ATTACHED GARAGE. THE PROJECT
IS LOCATED AT 33871 CALLE BONANZA AND MORE PRECISELY
REFERRED TO AS ASSESSOR PARCEL NUMBER (APN) 675-035-01
(BLACKBURN RESIDENCE)
Whereas, Greg Blackburn requests approval of a zone variance to allow a
3'-0" encroachment into the required 10'-0" rear yard setback for a proposed 660 square
foot addition onto an existing attached garage to allow for a bedroom, bathroom, and.a
36 square foot deck extending to the rear of the structure on property located at 33871
Calle Bonanza. The project site is General Plan -designated 2.2 Medium -Low Density
Residential and classified as RS -7,000 on the Official Zoning Map; and,
Whereas, Greg Blackburn is the owner of real property located at 33871
Calle Bonanza (APN 675-035-01); 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 June 6, 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:
1. The topography of the property slopes down in elevation to the west at an
approximate 1:3 ratio. A 2'-0" high retaining wall runs along the southeastern
property line approximately 10'-0" from the property line and is divided by the
existing garage structure. Due to this slope, the undeveloped land on site is
largely undevelopable.
ZA Resolution 12-06-06-01 2 June 6 2012
The parcel is irregular in shape as the southeastern property line angles inward
and cuts into the property. The rear property line is approximately 25'-0" shorter
than the front property line.
2. Twenty five (25) of the thirty one (31) properties addressed off Calle Bonanza
contain two story residential structures. Granting 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.
3. The proposed improvements meet all applicable development standards for the
RS -7,000 District, with the exception of the side 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 on the existing garage towards the
eastern end of the structure. The neighbor affected to the greatest extent is the
neighbor next door to the southeast which sits at an elevation approximately 6'-0"
higher than the subject property. There are no residential structures located
immediately across the street from the subject property. The impact on
surrounding properties would be minimal and staff determined 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 3'-0" encroachment into the required 10'-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, June 21, 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 June 21, 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.
ZA Resolution 12-06-06-01 3 June 6 2012
PASSED, APPROVED AND ADOPTED this 6t" day of June, 2012.
Assistant Director of Develop
Zoning Administrator
(above for use by County Clerk -Recorder's Office only)
NOTICE OF EXEMPTION
From: Community Development Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
1. APPLICANT: Greg Blackburn
2. ADDRESS: 33871 Calle Bonanza, San, Juan Capistrano, CA 92675
3. LEAD AGENCY: City of San Juan Capistrano, 32400 Paseo Adelanto, SJC, CA, 92675
4. PROJECT MGR.: Joe Aguirre, Planning Intern
5. PHONE NUMBER: (949) 443-6331
6. PROJECT TITLE: ZV12-003
7. PROJECT LOCATION: 33871 Calle Bonanza, San Juan Capistrano, CA 92675 (APN:
675-035-01)
8. DESCRIPTION: A variance to allow a 3'-0" encroachment into the required 10'-0" side
yard setback for a 660 square foot second story addition onto an existing attached
garage to allow for a bedroom, bathroom, and a 36 square foot deck extending to the
rear of the structure.
ADMINISTRATIVE DETERMINATION: Community Development Department staff has
completed a preliminary review of this project in accordance with the City of San Juan
Capistrano's Environmental Review Guidelines and with Section 15061 of the California
Environmental Quality Act (CEQA) Guidelines. Based on that review, the Environmental
Administrator finds that the proposed project constitutes new construction of a small accessory
structure. Therefore, the Environmental Administrator has determined that further environmental
evaluation is not required because:
[ ] The project is not subject to CEQA because it "does not involve the exercise of
discretionary power," or "will not result in a direct or reasonably foreseeable indirect
physical change in the environment," or, "is not a project as defined in Section 15378 of
the CEQA guidelines." (Sections 15060(c)(1), (2) & (3)); or,
[ ]
"The activity is covered by the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA" (Section
15061(b)(3)); or,
[ ] The project is statutorily exempt, Section , (Sections 15260-15277); or,
[x] The project is categorically exempt, Class 1 , Existing Facilities (Section 15301).
A. Ramsey, AIC15, Environ
cc: [X] Project file
[X] CEQA file
ministrator