PC Resolution-13-10-08-01PC RESOLUTION NO. 13-10-08-01
ZONE VARIANCE (ZV) 13-003, JOHNSON FRONT YARD SETBACK VARIANCE
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A VARIANCE TO
ALLOW A 10'-0" FRONT YARD SETBACK FOR THE SOUTHERN
PROPERTY LINE FOR CONSTRUCTION OF THE SINGLE STORY
ELEMENTS OF A FUTURE RESIDENTIAL DWELLING UNIT, A 15'-0"
FRONT YARD SETBACK FOR THE SOUTHERN PROPERTY LINE FOR
CONSTRUCTION OF THE TWO STORY ELEMENTS OF A FUTURE
RESIDENTIAL DWELLING UNIT, ON A 32,822 SQUARE FOOT LOT
LOCATED AT 27051 PASEO ACTIVO AND MORE PRECISELY
REFERRED TO AS ASSESSOR PARCEL NUMBER (APN) 675-192-03
(JOHNSON FRONT YARD SETBACK VARIANCE)
WHEREAS, Dale Sessions, applicant and representative to the property
owner, Norman Johnson, requests approval of a zone variance to allow a allow a 20'-0"
encroachment toward the southern front property line into the required 30'-0" front yard
setback for construction of a future residential dwelling unit, and a 22'-0" encroachment
toward the southern front property line into the required 30'-0" front yard setback for
construction of a 5'-0" planter adjacent to the main entry stairway on the existing 10,000
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, Norman Johnson is the owner of real property located at
27051 Paseo Activo (APN 675-192-03) 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
determined that the project qualifies for a Class 3 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 September 4, and September 11, 2013 pursuant to Section 9-2.335 of the
Municipal Code to consider public testimony on the proposed project and has
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considered all relevant public comments; and,
WHEREAS, the Zoning Administrator . received public testimony from
residents expressing concern with the 35'-0" high residence mass being moved closer
to the front property line; and,
WHEREAS, the staff assessed 27051 Paseo Activo's site conditions and
the neighborhood structure massing; and,
WHEREAS, conditions have been established which reduce the projection
of certain structure masses, making the structure more in line with the neighborhood
setback massing; and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on October 8, 2013 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings:
1. 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 32,822 square feet, but the
developable area is only around 10,500 square feet, whereas the district
minimum is 20,000 square feet, and the majority of site has topography of
approximately 40% grade. 27051 is the only vacant lot left on Paseo Activo.
2. Other lots on Paseo Activo 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 82-04 and ZV 88-18, to encroach up to 10' into the southern front
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 82-04.
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.
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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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby approve Zone Variance 13-
003, subject to the following conditions:
1. The variance shall be in conformance with the project plans entitled "Johnson
Residence", dated August 7, 2013 and submitted with the Zone Variance 13-
003 application, subject to the Conditions set forth in this resolution.
2. The future two-story elements of the residential dwelling unit shall not encroach
more than 15'-0" into the 30'-0" front yard setback.
3. The cantilevered'second story deck, dining room, and loft are to be removed.
4. There is to be no construction of a structure over 3'-0" in height within the
approved front yard setback.
5. The property owner shall receive an encroachment permit prior to any
construction within the City right-of-way.
6. The property owner must submit grading plans for the proposed project and may
be required to process a Grading Plan Modification through Planning.
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 Wednesday, October 23,
2013. 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 October 8, 2014 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 8th day of October, 2013.
She don Cohen, Chairman
William A. Ramsey, AICP, Assi
Secretary
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