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ZA Resolution-12-06-06-02ZA RESOLUTION NO. 12-06-06-02 ZONE VARIANCE (ZV) 12-004, BORANIAN SETBACK VARIANCE A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A VARIANCE TO ALLOW A FIVE FOOT (5'-0") SIDE YARD SETBACK FOR THE NORTHERN PROPERTY LINE, A TWENTY FOOT (20'-0") FRONT YARD SETBACK AND A FIFTEEN FOOT (15'-0") REAR YARD SETBACK IN THE "RSE-20,000" ZONE DISTRICT, FOR A 12,852 SQUARE FOOT LOT LOCATED AT 27822 HORSESHOE BEND AND MORE PRECISELY REFERRED TO AS ASSESSOR PARCEL NUMBER (APN) 650-222-03 (BORANIAN SETBACK VARIANCE) Whereas, Eric Boranian, applicant and representative to the property owner, William Lopez, requests approval of a zone variance to allow a 5-0" encroachment toward the northern side property line into the required 10'-0" side yard setback, a 10'-0" encroachment into the required 30'-0" front yard setback, and a 10'-0" encroachment into the required 25-0" rear yard setback for a proposed residential dwelling unit on the existing 12,852 square foot lot. Whereas, the property is General Plan designated "2.0 -Very Low Density Residential (0-1.0 du/acre)" and is designated "RSE-20,000" on the Official Zoning Map. Whereas, William Lopez is the owner of real property located at 27822 Horseshoe Bend (APN 650-222-03) and has provided authorization for the Zone Variance; and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, 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) and issued a categorical exemption and caused a Notice of Exemption to be posted pursuant to the City's Environmental Review 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, 201 2 pursuant to Section 9-2.335 of the Municipal Code to consider public testimony on the proposed project and has considered all relevant public comments. Whereas, the applicant has provided a letter of support from 1998 for the side yard setback variance from the homeowner's association. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby make the following findings: There are special circumstances applicable to the property in that the lot is currently legal non -conforming with respect to minimum lot area and minimum street frontage requirements. The property is 12,852 square feet whereas the district minimum is 20,000 square feet, and the property has a narrower street frontage than other lots on the street, being 78.28', when the zone requires 90'- 0". Although the district does not have a minimum lot depth, the property does have a shallower northerly lot line, being 98.35', whereas, the surrounding properties have a minimum lot depth of 110' which constrains development. Lot 160 is the only vacant lot left on Horseshoe Bend. 2. Other lots on Horseshoe Bend were developed prior to the 2002 zone change, and accommodated the prior RS zone requirements of 20' front yard setbacks, 10' side yard setbacks, and 25' rear yard setbacks. RS zoning regulations constrained development on the site, resulting in the property receiving a zone variance, ZV 98-02, to encroach 7' into the northern side yard setback, and approximately 8.36' into the rear yard setback. The zone change in 2002 further constrained any development on the site by increasing the front yard setback to 30'. 3. The approval of the variance will be consistent with intent of previously approved ZV 98-02. 4. The granting of the variance will not constitute a grant of special privileges, rather it will allow the property to maintain a similar front yard setback as that permitted for other properties in the vicinity and zone district. 5. The variance will not result in development which is inconsistent with the provisions of Title 9 of the Municipal Code other than for the above stated encroachment. 6. The 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 very low density residential use and the variance would allow low density single family dwelling development. Allowing for the structure to be built closer to the northern property will help preserve the un -crowded look of the Stoneridge area, and since the affected property lines are bordered by open space, no other structure or property owner would suffer by the proposed variance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby approve Zone Variance 12-004, subject to the following condition: 1. The variance shall be in conformance with the project plans entitled "Boranian Residence", Lot 160, Tract 6381, dated April 7, 1998 and submitted with this application. 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 6, 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 6th day of June, 2012. (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: Eric Boranian 2. ADDRESS: 30201 Via Festivo, San Juan Capistrano, CA 92675 3. LEAD AGENCY: City of San Juan Capistrano, 32400 Paseo Adelanto, SJC, CA, 92675 4. PROJECT MGR.: Laura Stokes, Housing/Redevelopment Coordinator 5. PHONE NUMBER: (949) 443-6313 6. PROJECT TITLE: ZV12-004 7. PROJECT LOCATION: 27822 Horseshoe Bend, San Juan Capistrano, CA 92675 (APN: 650-222-03) 8. DESCRIPTION: A variance to allow a 5'-0" encroachment toward the northern side property line into the required 10'-0" side yard setback, a 10'-0" encroachment into the required 30'-0" front yard setback, and a 10'-0 encroachment into the required 25'-0" rear yard setback for a proposed residential dwelling unit on the existing 12,852 square foot lot. 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 5 , Minor Alterations in Land Use Limitations (Section 15301). mwm' A. Ramsey, AICP, Environment4KAdrhinistrator .cc: [X] Project file [X] CEQA file