PC Resolution-06-12-12-01PC RESOLUTION NO. 06-12-12-1
ZONE VARIANCE (ZV) 06-05 &
TREE REMOVAL PERMIT (TRP) 06-81
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO DENYING A ZONE VARIANCE TO ALLOW AN
9'-8" ENCROACHMENT OF THE RELOCATED TROUBLEMANS
COTTAGE INTO THE 18'-0" FRONT YARD SETBACK AND DENYING A
TREE REMOVAL PERMIT TO REMOVE ONE (1) ASH TREE WITH A
DIAMETER OF OVER 40 INCHES ON THE PROPERTY LOCATED AT
31476 LA CALERA STREET AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER APN 124-211-11 (COLLINS).
WHEREAS, Damien Collins has requested approval to remove one (1) Ash
Tree with a diameter of over 40 inches and a Zone Variance to Section 9-3.301,
Residential Development Standards to allow an 8'-2" encroachment of a new single family
residence into the front yard setback, where a 18'-0" front yard setback is required for the
primary structure for the property located at 31476 La Calera Street (Tract 808, Lot 7,
Assessor Parcel Number 124-211-11). The proposed project site is General Plan
designated as Medium High Density (MHD), and classified as Mission Residential District
(MRD) 4,000 Zone District on the Official Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Planning Commission conducted a duly noticed public
hearing on December 12, 2006 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the proposed project.
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 no special circumstances applicable to the property including size, shape,
topography, location, or surroundings so that the strict application of the Code would
deprive the property of privileges enjoyed by other properties in the vicinity and with
the same zoning classification.
2. The approval of Zone Variance 06-05 would constitute the granting of a special
privilege because the property is developable and does not contain a special
circumstance that would prevent the property owner from developing the property.
3. The granting of a zone variance will result in an inconsistency with the provisions of
Title 9 of the Municipal Code because the project does not meet the criteria for a
zone variance.
PC Resolution 06-12-12-1 2 December 12 2006
4. The granting of this variance will result in a development which is inconsistent with
the goals, policies, and objectives of the General Plan because the project will not
be compatible with the surrounding area patterns of development.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano, California hereby denies the proposed
Zone Variance &Tree Removal Permit.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:00 p.m; Wednesday, December
27, 2006.
PASSED, APPROVED AND ADOPTED this 12th day of December, 2006, by
the following vote, to wit:
AYES: Commissioners Neely and Drey, Vice -Chairman Cohen, and
Chairman Cardoza
NOES:
ABSTAIN:
ABSENT: Commissioner Ratcliffe
Robert Coza, Chairman
} E
William Cunningham, Inte4m Planning Director,
Secretary
PAP Ian ningWrchive\ZV PROJECTS\ZV0605Collins(TroublemansCottage)\ZV 06-05 PC reso 12Dec06 Final.doc