PC Resolution-05-09-27-04PC RESOLUTION NO. 05-9-27-4
ZONING VARIANCE (ZV) #05-04, TREE REMOVAL PERMIT (TRP) #05-080
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A REQUEST TO ALLOW ENCROACHMENT INTO A REAR
SETBACK, RELIEF FROM THE REQUIREMENT FOR SIX PARKING SPACES AND
REMOVAL OF TWO EUCALYPTUS TREES ON A 3.98 ACRE PARCEL LOCATED AT
31861 LOS RlOS STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 121-160-48, LECK HOUSE MUSEUM
Whereas, the San Juan Capistrano Historical Society, 31831 Los Rios Street,
San Juan Capistrano, CA 92675, has requested approval of 1) a zoning variance to allow a
seven-foot rear setback and to not provide the required six parking spaces; and 2) a tree
removal permit to allow the removal of two euaalyptus trees on property located at 31861
Los Rios Street which is General Plan-designated Specific Plan/Precise Plan (SP/PP) and
classified as Los Rios Specific Plan, Historic Residential (HR) 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 Environmental Administrator has reviewed the project pursuant
to Section 15164 of the California Environmental Quality Act (CEQA) and has required
preparation of an addendum to a previously approved Negative Declaration to incorporate
only minor changes or additions because there are no substantial changes to the project or
circumstances under which the project will be undertaken, and no new information of
substantial importance that was not known at the time the Negative Declaration was
approved, and has otherwise complied with all applicable provisions of the CEQA; and,
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Whereas, the Planning Commission has considered the Environmental
Administrator’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on September 27,2005, pursuant to Title 9, Land Use Code, Section 9-2.335, City Council
Policy 5, and Planning Department Policy 510 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 in relation to
Zoning Variance #05-04:
1. There are special circumstances applicable to the property, including location and
surroundings, such that the strict application of this code would deprive such
PC Resolution 05-9-27-4 2 September 27,2005
property of privileges enjoyed by other properties in the vicinity and under identical
zoning classification because:
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a. The property has two existing historic structures that necessitate the siting of the
Leck House to the rear of the site, and the proposed use dictates the orientation
of the house facing the north side and the other museum buildings. The siting
and orientation thus dictates the proposed eig ht-foot rear setback.
b. The property has no access via public right-of-way except off Los Rios Street.
The provision of parking off Los Rios Street in front of the Leck House would not
meet parking design standards which prohibit backing onto rights-of-way and
would not be compatible with the rural and informal character of the Historic
District.
2. The granting of the variance will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone district
in which such property is situated because:
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a. Numerous instances of structures encroaching into setbacks, or even into public
street easements, exist in the Los Rios Specific Plan Historic Residential district.
Furthermore, the applicants are pursuing a public street easement abandonment
which will eliminate the existing public easement encroachment by the two
existing structures and will improve the non-conforming circumstances at the
front of the site.
b. Numerous instances of structures and uses that do not have the required
parking exist in the Los Rios Specific Plan Historic Residential District. Previous
approvals for accessory commercial uses in the district have been conditioned to
allow the owners to eliminate off-street parking once Paseo Adelanto was
extended and the Los Rios parking lot is completed.
3. Except for the reduced rear yard setback and relief from parking requirements which
would be allowed by the variance, this action will not result in any inconsistency with
the provisions of Title 9 of the Municipal Code.
4. The granting of this variance will not result in a development which is inconsistent
with the goals, policies, and objectives of the General Plan because:
a. General Plan Cultural Resources Element Policy 1 .I is to balance the benefits of
development with the project’s potential impacts to existing cultural resources.
The provision of six off-street parking spaces, or any off-street parking, would
necessitate location in front of the Leck House or negative physical changes to
the historical structures, which would result in impacts to the character of the
Historic District or to the specific historic structures. Furthermore, the ability of
the property to meet off-street parking through use of the future Los Rios parking
PC Resolution 05-9-27-4 3 September 27, 2005
lot is encouraged by Los Rios Specific Plan Land Use Goal #13, so the variance
will not be inconsistent with the land use designation for the site.
b. Conservation & Open Space Element 4.1 is to assure that incompatible
development is avoided in those areas which are designated to be preserved for
scenic, historic, conservation or public safety purposes. The Leck House is
oriented with the physical rear facing the side property line, thus facing the
adjacent single family residence, and the physical side facing the rear property
line with an eight-foot setback, thus facing the adjacent commercial nursery
business. This orientation assures that the proposed museum use will be more
compatible with the character and land uses within the Los Rios Historic District.
NOW, THEREFORE, BE IT FURTHER RESOLVEDl that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings in
relation to Tree Removal Permit #05-080:
1. The Planning Commission finds that this request meets the following criteria
contained in Section 9-2.349(c) of the Land Use Code; therefore the Planning
Commission approves said request to remove two eucalyptus trees, subject to the
conditions and requirements set forth in this resolution:
a. The project site plan has been designed to preserve the maximum number of
existing trees on the site because the two trees are the only foreseeable trees
that will need to be removed to accommodate the physical relocation and siting
of the Leck House on the site.
b. Tree removal is necessary to avoid foundation, slab, wall or other property
damage, or excessive nuisance problems caused by existing trees because one
tree is located within the proposed footprint of the Leck House, and both trees
are of a size, age and location to cause potential damage to one or both
adjacent historic structures.
2. The proposed removal of the two eucalyptus trees complies with all applicable
provisions of the Land Use Code subject to the conditions of approval contained in
Exhibit A.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves an addendum to a
previously approved negative declaration; and,
NOW, THEREFORE, BE IT FURTHER RESOLVEDl that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein.
PC Resolution 05-9-27-4 4 September 27,2005
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 500 p.m., Wednesday, October
12,2005. This project approval shall be valid for a period of two (2) year from the date of
approval of this resolution, and shall expire on September 27, 2007, unless a time
extension request or building/grading permit application related to this discretionary
approval is submitted to the City prior to that date.
b
PASSED, APPROVED AND ADOPTED this 27'h day of September, 2005, by
the following vote, to wit:
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza,
and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
Molly &gh,&lanning Director, Secretary
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RESOLUTION #: 05-9-27-4
EXHIBIT A
PLANNING COMMISSION CONDITIONS OF APPROVAL
Project #: ZV 05-04, TRP 05-080 Project Name: LECK HOUSE
MUSEUM
APPROVAL DATE: September 27,2005
EFFECTIVE DATE: October 12,2005
EXPIRATION DATE: September 27,2007
These conditions of approval apply to Zoning Variance (ZV) #05-04, Tree
Removal Permit (TRP) #05-080 to allow encroachment into the rear setback; not
provide the required six parking spaces for the museum use; and allow removal
of two mature eucalyptus trees for the Leck House Museum on a 0.398 acre site
zoned Historic Residential within the Los Rios Specific Plan located at 31861 Los
Rios Street. Any proposed change of use or expansion of the area or
modifications to the site plan or structures shall be submitted to the City Planning
Department along with the required application and fee, for review. For the
purpose of these conditions, the term “applicant” shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1. - ZV #05-04, TRP #05-080 is granted to allow encroachment into the
rear setback; not provide the required six parking spaces for the
museum use; and allow removal of two mature eucalyptus trees at
31861 Los Rios Street site (APN 121-160-48). This approval is
granted based on the application materials submitted by the San
Juan Capistrano Historical Society and William Lyon Homes, Inc.
on September 21, 2005: a parking variance narrative prepared by
William Lyon Homes, Inc., dated September 21, 2005; on August
18, 2005: a grading plan prepared by RBF Consulting on August
17, 2005; on June 8, 2005: a landscape plan prepared by Margaret
Carole McElwee Garden Design on April 27, 2005 and a historical
house color and materials sheet prepared by William Hezmalhalch
Architects on April 29, 2005; and on January 12, 2005: 11 X 17
existing and proposed photo and schematic elevation exhibits
prepared by William Hezmalhalch Architects, undated. These plans
and the proposed use of the site are approved as submitted and
conditioned herein, and shall not be further altered unless reviewed
and approved by the affected city departments. Minor modifications
to this approval which are determined by the Planning Director to
be in substantial conformance with the approved site plan, and
which do not intensify or change the use or require any deviations
from adopted standards, may be approved by the Planning Director
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Resolution #05-9-27-4
Project ## ZV #05-07, TRP #OS-080, Leck House
Museum Page 2 of 2
Final Conditions of Approval
Date: September 27, 2005
upon submittal of an application and the required fee. If not
appealed, this approval shall become effective on the first business
day following the fifteenth (Isth) day after the date of the Planning
Commission's approval and shall expire September 27, 2007 (24)
months after the effective date of the approval unless the use or
occupancy which is the subject of this action has taken place and
all conditions of approval have been met, or a time extension has
been granted by the City. Any application for an extension of time
shall be submitted to the Planning Department, along with the
required fee, at least ninety (90) days prior to the expiration date of
this approval, except as otherwise approved by the Planning
Director.
2- - This approval shall be subject to all conditions of PC Resolution No.
05-9-27-3, for CUP #05-01. (PLN)
3. - The applicant shall replace the two eucalyptus trees with two trees
appropriately sized and of a species suited to the planting area and
Historic District, as approved by the Design Review Committee in
conjunction with the final landscape plan review. (PLN)
Responsible Agencies: PLN = Planning Department
Date of Approval: September 27, 2005
Resolution No.: 05-9-27-4
Effective Date: October 12, 2005
Applicant Acceptance of Conditions of Approval:
Applicant Name Date
Its: @
Title