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).
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A. Ramsey, AICP, Environment4KAdrhinistrator
.cc: [X] Project file
[X] CEQA file