City of San Juan Capistrano Agenda Report

Transcription

1 City of San Juan Capistrano Agenda Report TO: Zoning Administrator FROM: Reviewed by: Sergio Klotz, AICP, Assistant Development Services DirctJ. o ~ Prepared by: Laura Stokes, Housing Coordinator I Assistant Planner ' DATE: December 13, 2017 SUBJECT: Consideration of Zone Variance (ZV) , Boranian Residence Within the Hunt Club, a Zone Variance request to Section of the Title 9 Land Use Code to allow a 21.3% lot coverage ratio where the code requires a maximum of 15% for a 413 square foot pool accessory structure addition to an existing single-family residence, located at Steeplechase Drive. (Assessor Parcel Number: ) (Applicant: Eric and Joni Boranian) ' RECOMMENDATION: Open the public hearing, receive public testiri10ny, close the public hearing; and, Adopt a resolution conditionally approving Zone Variance allowing a 21.3% lot coverage ratio where the code requires a maximum of 15% for a 413 square foot pool house addition to an existing single-family residence located at Steeplechase Drive. OWNER/APPLICANT: Applicant/ Property Owner: Eric and Joni Boranian Steeplechase Drive San Juan Capistrano, CA EXECUTIVE SUMMARY: The property owner requests approval of a Zone Variance to allow a 21.3% lot coverage ratio where the code requires a maximum of 15% for a 413 square foot pool house addition accessory to an existing single family residence. The existing residence currently has a lot coverage of 19.4%.

2 Zoning Administrator Agenda Report December 13, 2017 Page 2 of 6 BACKGROUND: General Location: Steeplechase Drive is generally located in eastern San Juan Capistrano, and is within the gated Hunt Club community. The property is approximately 1650 feet north of the Ortega Highway and the western entrance to the Hunt Club. Assessor's Parcel Number: Existing General Plan Land Use Designation: Very Low Density (VLD) Zoning District: Single-Family-40,000 (RSE-40,000) I Specific Plan 77-1 (SP77-1) Current Use of Property: Single Family Residential Surrounding General Plan Land Use Designations, Zoning Districts, and Use of Properties: General Plan Direction Land Use Des!gpation Zoning District Current Land Use North Very Low Density RSE-40,000 I SP77-1 Water Reservoir South Very Low Density RSE-40,000 I SP77-1 Single Family Residential East Very Low Density RSE-40,000 I SP77-1 Single Family Residential West Medium Density MHP Mobile Home Park Site maps are provided in Attachment 1 for reference. DISCUSSION/ANALYSIS: Project Site The subject property has a General Plan Land Use designation of Very Low Density Residential and is within the RSE-40,000 (Single Family Residential, minimum lot area 40,000 square feet) zoning district/ SP 77-1 (Hunt Club Specific Plan 77-1) (Attachment 1 ); however, the subject property does not meet certain minimum development standards for a RSE-40,000 zoned lot (i.e. minimum lot area of 40,000 square feet and minimum lot width of 150 feet). The City amended the zoning code and development standards in 2002 so that the Specific Plan for Hunt Club would remain, but the development standards which were not addressed in the Specific Plan were determined by the RES-40,000 standards. This had the unintended consequence in Steeplechase Drive, and many of the residential properties along the west side of Steeplechase Drive, becoming legal-nonconforming with respect to some of the

3 Zoning Administrator Agenda Report December 13, 2017 Page 3 of 6 development standards established for the RSE-40,000 zone. The property is governed by SP 77-1 zoning district standards for setbacks, building pad locations, lot sizes, street frontage, and maximum heights, while the RSE-40,000 zoning district provides the standards for lot coverage and the second floor to first floor ratios established in Municipal Code Section The standards are as follows: Development Standards SP77-1 I RSE-40, Steeplechase Dr. Front Yard Setback 30' -0" I N.A. 33'-0" Side Yard Setback 10'-0" I N.A. 10'-0" Rear Yard Setback 25'-0" I N.A. 18'-0" Min. Lot Area N.A. 140,000 s.f. 21,780 s.f. Min. Street Frontage N.A./ 150 ft ft. Max. Building Height 366 Elevation I N.A. 23ft. Max. Lot Coverage Ratio N.A.I15% 19.4% 2nd Floor I 1st Floor Ratio N.A.I75% 63.6% Specific Plan (SP) 77-01, which was established with the original tract established, all setbacks and building heights, and established the lot sizes and street frontages with the tract. The rezone in 2002, to include the RSE-40,000 zone, enabled the City to establish additional development standards for the specific plan, which are referenced when no standard in SP77-01 is provided. Project Request The property owner requests a variance to allow for a 21.3% lot coverage ratio, where the code requires a maximum of 15%, for construction of a 413 square foot pool house accessory to an existing single family residence. The existing residence currently has a lot coverage of 19.4%. Findings Zone Variances are governed by Municipal Code Section Zone Variances may be granted when it can be shown that the following can be established: 1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. 2. Granting of the variance or minor exception 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. 3. Granting of the variance or minor exception will not result in development which

4 Zoning Administrator Agenda Report December 13, 2017 Page 4 of 6 is otherwise inconsistent with the provisions of the Land Use Code or the General Plan. 4. Granting the variance or minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located. If these findings can be made, then it is appropriate to grant the zone variance. Conversely, the inability to make even one of these findings would result in a denial. Using this information, staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the zone variance request, staff believes that the following findings of fact warrant approval of the zone variance. 1. There are special circumstances applicable to the property, including size. shape, topography, location. or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The subject property is currently legal non-conforming with respect to minimum lot area and minimum street frontage requirements. The property is 21,780 square feet whereas the district minimum is 40,000 square feet, and the property has a narrower street frontage than other lots on the street, being ', when the district requires 150'-0". The applicant is proposing to construct a 413 square foot pool room accessory to the 4,622 square foot residence and 1,400 square foot garage, of which 4,638 square feet are lot coverage. The proposed total lot coverage is comparable with the following neighboring properties: Property Address Total Lot Size Lot Coverage Percentage Lot Coverage ~0791 Steeplechase 21,780 s.f. 4,638 s.f. 21.3% Steeplechase 20,434 s.f. 5,403 s.f. 26.4% SteepJechase 18,810 s.f. 3,292 s.f. 17.5% Steeplechase 19,000 s.f. 3,819 s.f. 20.1% Steeplechase 19,800 s.f. 5,207 s.f. 26.3% Steeplechase 21,192 s.f. 4,821.5 s.f. 22.3% Steeplechase 22,621 s.f. 4,863.5 s.f. 21.5% Steeplechase 24,700 s.f. 3,952 s.f. 16.0% Steeplechase 26,471 s.f. 4,076.5 s.f. 15.4% Steeplechase 27,134 s.f. 4,586 s.f. 16.9% Steeplechase 30,431 s.f. 6,269 s.f. 20.6% solded line 1s applicants ' property.

5 Zoning Administrator Agenda Report December 13, 2017 Page 5 of 6 Granting of the variance would allow the applicant to construct a structure accessory to their single family residence which provides a similar floor area and lot coverage consistent with other properties in the vicinity with similar lot sizes and under the identical zoning classification. 2. Granting of the variance or minor exception 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. Granting of the variance or minor exception 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 a number of the lots in this area are already developed with similar lot coverage ratios and setbacks. The applicant seeks approval of a lot coverage ratio which would provide for comparable development to neighboring properties, given the other lots on Steeplechase Drive were developed prior to the zone change in 2002, which accommodated the prior SP zone requirements of no lot coverage ratio. The zone change to RSE-40,000/SP77-01 in 2002 further constrained any development on the site. The granting of Zone Variance will not constitute a grant of special privileges; rather, it will allow the property to maintain comparable lot coverage ratio (see tables below) to those permitted for other properties in the vicinity and zone district, and allow for development that is in scale with neighboring properties. 3. Granting of the variance or minor exception will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan. Granting of the variance will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan because the project will meet all applicable development standards for the RSE- 40,000 I SP Zone District other than the variance proposed, as well as all provisions of the General Plan, including the Very Low Density designation. 4. Granting the variance or minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located as the proposed lot coverage is similar to the lot coverages within the vicinity, and is adding 413 square feet of an accessory structure to the rear yard of a single family lot which will have no impacts to the neighboring properties. Furthermore, the addition of 1.9% of lot coverage to the property while meeting all zoning setbacks and

6 Zoning Administrator Agenda Report December 13, 2017 Page 6 of 6 development standards ensures that the variance avoids detriment and injury to the vicinity and land use which the property is located. The lot size and parcel dimensions create a special circumstance such that strict application of Municipal Code Section would deprive the property privileges enjoyed by other properties in the vicinity and under the same zoning classification. Granting the variance would not adversely affect other properties. Staff recommends that the Zoning Administrator adopt a resolution (Attachment 2) approving the lot coverage variance. ENVIRONMENTAL ANALYSIS: This project has been reviewed in accordance with the California Environmental Quality Act. The City's Environmental Administrator has determined that the project is Categorically Exempt (Section 15303, Class 3 "New Construction or Conversion of Small Structures") from further review. The project is consistent with Section 15303(e) because the project involves the construction of an accessory structure to a single family residence in a residential zone. A Notice of Exemption (NOE) will be posted should the project receive final approval. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section , Notification Procedures, a public hearing notice has been mailed to all property owners (as listed on the Orange County Real Property Tax Assessment rolls) within five-hundred (500) feet of the project, has been published in the Capistrano Valley News, and posted at three public locations. This agenda item has been provided to the applicant through posting of the agenda packet on the City's website. ATTACHMENT(S): Attachment 1 - Attachment 2 - Aerial Photo, General Plan Land Use Map, Zoning Map Draft Resolution ENCLOSURE(S): Enclosure 1 - Project Plans Submitted October 20, 2017

7 Site Maps for Steeplechase Drive- ATTACHMENT 1

8 General Plan Land Use-

9 Zoning-

10 ZA RESOLUTION NO ZONE VARIANCE (ZV) A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A VARIANCE TO ALLOW A 21.3% LOT COVERAGE RATIO RELATED TO A PROPOSED ACCESSORY STURCTURE FOR A SINGLE FAMILY RESIDENCE AT STEEPLECHASE DRIVE, ASSESSOR PARCEL NUMBER (APN) (BORANIAN RESIDENCE WITHIN THE HUNT CLUB) Whereas, property owners Eric And Joni Boranian request approval of a zone variance to allow a total 21.3% lot coverage where 15% is permitted for a proposed accesspry structure to a single family residence on an existing 21,780 square foot lot located at Steeplechase Drive (the "Property"); and Whereas, the Property is General Plan designated "Very Low Density" and is designated "RSE-40,000/SP77-1" on the Official Zoning Map; and, Whereas, the proposed project has been processed pursuant to Section , General Review Procedures of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to Section of the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Class 3 categorical exemption, and will cause the Notice of Exemption to be posted pursuant to Section (d) of the CEQA Guidelines; and, Whereas, the Zoning Administrator conducted a duly noticed public hearing on December 13, 2017 pursuant to Section of the Municipal Code to consider public testimony on the proposed project and has considered all relevant public comments; and, NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby make the following findings: Section 1. CEQA. The project is Categorically Exempt from further review pursuant to State CEQA Guidelines sections ("New Construction of Small Structures"), because the project will result in the development of a 413 square foot accessory structure for the use of an existing single-family residence in accordance with the City's Very Low Density residential land use designation for the Property. Section 2. Zone Variance Findings. 1. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. 1 ATTACHMENT 2

11 . There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of this Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. The subject property is currently legal non-conforming with respect to minimum lot area and minimum street frontage requirements. The property is 21,780 square feet whereas the district minimum is 40,000 square feet, and the property has a narrower street frontage than other lots on the street, being ', when the district requires 150'-0". The applicant is proposing to construct a 413 square foot pool room accessory to the 4,622 square foot residence and 1,400 square foot garage, of which 4,638 square feet are lot coverage. The proposed total lot coverage is comparable with the following neighboring properties: Property Address Total Lot Size Lot Coverage Percentage Lot Coverage Steeplechase 21,780 s.f. 4,638 s.f. 21.3% Steeplechase 20,434 s.f. 5,403 s.f. 26.4% Steeplechase 18,810 s.f. 3,292 s.f. 17.5% ~0861 Steeplechase 19,000 s.f. 3,819 s.f. 20.1% Steeplechase 19,800 s.f. 5,207 s.f. 26.3% Steeplechase 21,192 s.f. 4,821.5 s.f. 22.3% Steeplechase 22,621 s.f. 4,863.5 s.f. 21.5% Steeplechase 24,700 s.f. 3,952 s.f. 16.0% Steeplechase 26,471 s.f. 4,076.5 s.f. 15.4% Steeplechase 27,134 s.f. 4,586 s.f. 16.9% Steeplechase 30,431 s.f. 6,269 s.f. 20.6% solded line 1s applicants property. Granting of the variance would allow the applicant to construct a structure accessory to their single family residence which provides a similar floor area and lot coverage consistent with other properties in the vicinity with similar lot sizes and under the identical zoning classification. 2. Granting of the variance or minor exception 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. Granting of the variance or minor exception 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 a number of the lots in this area are already developed with similar lot coverage ratios and setbacks. The applicant seeks approval of a lot coverage ratio which would provide for comparable development to neighboring properties, given the other lots on Steeplechase Drive were developed prior to the zone change in 2002, which accommodated the prior SP zone requirements of no lot coverage ratio. The zone change to RSE-40,000/SP77-01 in 2002 further constrained any 2

12 development on the site. The granting of Zone Variance will not constitute a grant of special privileges; rather, it will allow the property to maintain comparable lot coverage ratio (see tables below) to those permitted for other properties in the vicinity and zone district, and allow for development that is in scale with neighboring properties. 3. Granting of the variance or minor exception will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan. Granting of the variance will not result in development which is otherwise inconsistent with the provisions of the Land Use Code or the General Plan because the project will meet all applicable development standards for the RSE- 40,000 I SP Zone District other than the variance proposed, as well as all provisions of the General Plan, including the Very Low Density designation. 4. Granting the variance or minor exception will not be materially detrimental to the public health. safety, or welfare. or injurious to the properties or improvements in the vicinity and land use district in which the property is located. 3. Granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or improvements in the vicinity and land use district in which the property is located as the proposed lot coverage is similar to the lot coverages within the vicinity, and is adding 413 square feet of an accessory structure to the rear yard of a single family lot which will have no impacts to the neighboring properties. Furthermore, the addition of 1.9% of lot coverage to the property while meeting all zoning setbacks and development standards ensures that the variance avoids detriment and injury to the vicinity and land use which the property is located. CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, Paseo Adelanto, San Juan Capistrano, California The Development Services Director is the custodian of the record of proceedings. EFFECTIVE DATE & FINAL APPROVAL: Pursuant to Section 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, December 28, This project approval shall be valid for a period of one year from the date of approval of this resolution and shall expire on December 13, 2018, unless a time extension request has been submitted to the City or a building/grading permit application has been submitted and issued by the City. PASSED, APPROVED AND ADOPTED this 13 1 h day of December,

13 Charles View, Zoning Administrator 4