City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Zoning Administrator Ll j Charles View, Development Services Directo&J Prepared by: Laura Stokes, Housing Coordinator I Assistant Planne(.;('7" July 22, 2015 Consideration of Zone Variance (ZV) 15-002, Dolkas Residence; to allow a 4'-6" encroachment into the required 1 0'-0" side yard setback and a 4'-5" encroachment into the required 20'-0" front yard setback, as established by the Planned Community Comprehensive Development Plan 86-04 Fairway Residential Development Standards, to develop a new two car garage and patio on an existing 9,270 square foot parcel, located at 30311 Marbella Vista (Assessor Parcel Number: 650-604-13)(Applicant: Peter and Mary Dolkas, c/o Mission Construction, Trent Frigone) RECOMMENDATION: Open public hearing, receive public testimony, close public hearing; and, By motion, adopt a resolution conditionally approving Zone Variance 15-002 to allow a 4'-6" encroachment into the required 1 0'-0" side yard setback and a 4'-5" encroachment into the required 20'-0" front yard setback for an addition to a residential dwelling unit at 30311 Marbella Vista. OWNER/APPLICANT: Applicant: Mission Construction Trent Frigone 26211 Paseo Manana San Juan Capistrano, CA 92675 Property Owner: Peter & Mary Dolkas 29921 Camino Capistrano San Juan Capistrano, CA 92675 EXECUTIVE SUMMARY: The property owner requests approval of a Zone Variance to encroach 4'-6" encroachment into the required 10'-0" side yard setback and a 4'-5" encroachment into the required 20'-0" front yard setback for a two car garage with a patio above in front of an existing single family residence.
Zoning Administrator Agenda Report July 22, 2015 Page 2 of 6 BACKGROUND: General Location: Assessor's Parcel Number: Related Cases: Existing General Plan Land Use Designation: Zoning District: Current Use of Property: 30311 Marbella Vista, located 80 feet west of the Marbella Vista Golf Club Drive intersection. Assessor Parcel Number 650-604-13. Grading Plan Modification 15-006 2.3-Medium Density Residential Marbella Golf Club Planned Community (COP 86-04) Residential Surrounding General Plan Land Use Designations, Zoning Districts, and U~e Properties: of Direction General Plan Zoning District Current Land Use ~and Use Designation North 1.1 Open Space Planned Community Golf Course Recreation I(CDP 86-04) South ~.3 Medium Density Planned Community Residential Residential ltcdp 86-04) East 1. 1 Open Space Planned Community Golf Course Recreation ltcdp 86-04) West ~.3 Medium Density Planned Community Residential Residential ltcdp 86-04) DISCUSSION/ANALYSIS: Project Site: 30311 Marbella Vista has a General Plan Land Use designation of Medium Density Residential and a zoning designation of Marbella Golf Club Planned Community (PC). The planned community is governed by the Comprehensive Development Plan (COP) 86-04, which establishes specific development standards for the residential, commercial, office, and recreational uses permitted within Marbella Golf Club. 30311 Marbella Vista is within the Fairway Residential district of Marbella Golf Club Planned Community. The Fairway Residential district and 30311 Marbella Vista have the following Development Standards:
Zoning Administrator Agenda Report July 22, 2015 Pa e 3 of 6 Development Standards Minimum Lot Size Front Yard Setback Side Yard Setback- East Side Yard Setback- West Rear Yard Setback Minimum Open Area COP 86-04 30311 Marbella Vista 4,000 sq. ft. 9,270 sq. ft. 20 feet 20 feet 5 feet 5 feet 10 feet 10 feet 25 feet 55 feet 25% 69% 30311 Marbella Vista is developed with a 4,825 square foot single family residence and a 540 square foot two car garage. The property is an irregular pie shape, having a wide front yard and entry and narrow rear yard. The home has been built near the front of the property due to the narrowness of the rear yard. The residence is two stories, built above the garage, which is below grade on two sides. The property slopes upward toward the north and slightly toward the west making the low point of the property the southeast corner, which is used as the driveway. 30311 Marbella Vista is surrounded on the north and east by a private golf course, and on the south and west by single family residential properties. The residential lots within 250 feet of 30311 Marbella Vista are generally more regular in shape and larger, typically being over 10,000 square feet. Additionally, approximately 80% of the homes along Marbella Vista have three car garages or more. Project Request: The property owner is requesting a variance from the development standards established for the Fairway Residential district within COP 86-04 in order to construct an additional 425 square foot two car garage with patio above. The garage is proposed to be placed in front of the residence, in the landscaped yard located in the southwest corner of the property. The garage is proposed to be cut into the front yard slope, 8'-1" below grade, and be below grade on three sides. The patio above is proposed to have 3'-6" pilasters at each corner of the garage, and a 36" guard rail around the perimeter. The property owner requests to permit the garage and pilasters on the west side of the patio to encroach 4'-6" into the 1 0"-0" side yard setback on the west side of the property, and the front southeast front corner of the garage and one pilaster to encroach 4'-5" into the 20"-0" front yard setback. The property owner has proposed to landscape the new driveway area and walls bordering the proposed garage with the following: Four 24" box Pigmey Date Palm trees Two 24" box Lagerstromia 'Natchez' trees Seventeen 15 gallon Little Ollie shrubs Thirty 15 gallon Geranium red shrubs Eight 15 gallon Pittosporum shrubs Six 5 gallon Rosemary 'Prostratus' shrubs Four 5 gallon Bouganvilla shrubs Twenty-one 1 gallon Dieties shrubs Thirty-one 1 gallon Myoporum shurbs Forty 1 gallon Daylily shrubs
Zoning Administrator Agenda Report July 22, 2015 Pa e 4 of 6 Additionally, staff worked with the property owner to include six 15 gallon Pittosporum Tenufolium shrubs planted along the west property line between the new patio and the neighboring residence in order to block noise, light, and regular activity from impacting the neighboring property owners. Staff Analysis: Given the constraints of the lot size and shape, and the configuration of the existing single family residence, the developable area for an additional garage is limited to the front yard area which is topographically challenging. The provision of larger garages is not unique to the residences in Marbella Golf Club. Twenty-six of the thirty residences in the immediate vicinity have three or more garages on the property, which is why the property owner is requesting the same benefits offered to the neighboring dwellings which do not have lot constraints. The lot size, topography, and parcel dimensions create a special circumstance such that strict application of COP 86-04, 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 approving the Dolkas setback variance Findings: Staff has analyzed the proposed project for compliance with the applicable findings established by Title 9, Land Use Code as follows: 1. Are there 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? 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 because the property is an irregular pie-shaped lot, is generally smaller than the lots in the immediate vicinity, and the orientation of the residence, and topography of the site limits the developable area to the southwest corner of the lot. 2. Would the granting of the variance constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under the same zoning? 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 the majority of the lots located along Marbella Vista are larger, rectangular, do not have the irregular
Zoning Administrator Agenda Report July 22, 2015 Pa e 5 of 6 configurations, and do not have the challenge imposed by the placement of the residence at the front of the property, limiting the possibility of development within the development standards. Furthermore, eighty-six percent of the residences in the immediate vicinity have three car garages, and thirty-six percent have more than a three gar garage creating inconsistent development patterns for the residents within the same zoning district. 3. Would the granting of the variance or minor exception result in development which is otherwise inconsistent with the orovisions 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 Marbella Golf Course Planned Community (COP 86-04) Zone District other than the variation proposed. 4. Would the granting the variance or minor exception be materially detrimental to 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? The granting of the variance would not result in a project which is inconsistent with the goals, policies, and objectives of the General Plan, specifically the Land Use Element since there would not be a change in density and any future structure would maintain all other development requirements for a single-family residence in the Marbella Golf Course Planned Community (COP 86-04) Zone District. The proposed changes requested take into consideration the neighboring properties and attempt to mitigate any potential impacts by adding landscaping which will buffer adverse noise or light. 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 15301; Class 1 "Existing Facilities") from further review. The project is consistent with Section 15301 because the project addition does not exceed 50% of the floor area nor 2,500 square feet. The proposed 425 square feet does not exceed the requirements for a Categorically Exempt. A Notice of Exemption (NOE) will be posted should the project receive final approval. NOTIFICATION: Pursuant to Title 9, Land Use Code, Section 9-2.302(f), Notification Procedures, a public hearing notice has been mailed to all property owners within 500 feet as listed on the Orange County Real Property Tax Assessment rolls), a "Notice of Proposal" sign
Zoning Administrator Agenda Report July 22, 2015 Page 6 of 6 the Orange County Real Property Tax Assessment rolls), a "Notice of Proposal" sign has been posted on-site, the hearing notice has been published in the Capistrano Valley News at least ten (10) days prior to the hearing, and has been posted at three public locations (Attachment 4 ). This agenda item has been provided to the applicant and their representative through posting of the agenda packet on the City's website. ATIACHMENT(S): Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Resolution Letter of Intent Aerial Photo, General Plan Land Use Map and Zoning Map Public Hearing Notice ENCLOSURE{S): Enclosure 1 - Dolkas Remodel Plans Submitted 6-15-15
ZA RESOLUTION NO. 15-07-22-01 ZONE VARIANCE (ZV) 15-002, DOLKAS RESIDENCE 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 4'-6" ENCROACHMENT INTO THE REQUIRED 10'-0" SIDE YARD SETBACK AND A 4'-5" ENCROACHMENT INTO THE REQUIRED 20'-0" FRONT YARD SETBACK FOR AN ADDITION TO A RESIDENTIAL DWELLING UNIT AT 30311 MARSELLA VISTA AND MORE PRECISELY REFERRED TO AS ASSESSOR PARCEL NUMBER (APN) 650-604-13 (DOLKAS RESIDENCE SETBACK VARIANCE) Whereas, property owner Peter and Mary Dolkas, requests approval of a zone variance to allow a five foot (5'-5") side yard setback for the western side property line, where a ten foot (1 0'-0") side yard setback is permitted, a twenty foot (15'-7") front yard setback where a thirty foot (20'-0") front yard setback is permitted for a proposed garage and patio attached to an existing residential dwelling unit on the existing 9,270 square foot lot; and Whereas, the property is General Plan designated "2.3-Medium Density Residential (3.5-5.0 du/acre)" and is designated "Planned Community (COP 86-04)" on the Official Zoning Map. 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 July 22, 2015 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; and, NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City of San Juan Capistrano does hereby make the following 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 1 ATTACHMENT 1
in the vicinity and under identical zoning classification because the property is an irregular pie-shaped lot, is generally smaller than the lots in the immediate vicinity, and the orientation of the residence, and topography of the site limits the developable area to the southwest corner of the lot. 2. 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 the majority of the lots located along Marbella Vista are larger, rectangular, do not have the irregular configurations, and do not have the challenge imposed by the placement of the residence at the front of the property, limiting the possibility of development within the development standards. Furthermore, eighty-six percent of the residences in the immediate vicinity have three car garages, and thirty-six percent have more than a three gar garage creating inconsistent development patterns for the residents within the same zoning district. 3. 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 Marbella Golf Course Planned Community (COP 86-04) Zone District other than the variation proposed. 4. The granting of the variance would not result in a project which is inconsistent with the goals, policies, and objectives of the General Plan, specifically the Land Use Element since there would not be a change in density and any future structure would maintain all other development requirements for a single-family residence in the Marbella Golf Course Planned Community (COP 86-04) Zone District. The proposed changes requested take into consideration the neighboring properties and attempt to mitigate any potential impacts by adding landscaping which will buffer adverse noise or light. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning Administrator hereby approves the project subject to those conditions contained in Exhibit A attached hereto and incorporated herein the project. 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, August 6, 2015. This project approval shall be valid for a period of one year from the date of approval of this resolution and shall expire on July 22, 2016, 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. 2
PASSED, APPROVED AND ADOPTED this 22nd day of July, 2015. Sergio Klotz, AICP, Zoning Administrator 3
Exhibit A RESOLUTION#: 15-07-22-01 CONDITIONS OF APPROVAL Project #: ZV 15-002 Project Name: Dolkas Residence APPROVAL DATE: July 22, 2015 EFFECTIVE DATE: August 6, 2015 EXPIRATION DATE: July 22, 2016 These conditions of approval apply to Zone Variance 15-002, Dolkas Residence, to allow a 4'-6" encroachment into the required 1 0'-0" side yard setback and a 4'-5" encroachment into the required 20'-0" front yard setback, as established by the Marbella Golf Club Planned Community, Comprehensive Development Plan 86-04 Fairway Residential Development Standards, to develop a new two car garage and patio on an existing 9,270 square foot parcel at 30311 Marbella Vista, APN: 650-604-13. General Conditions: A. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, landscape/irrigation plans, lighting plans, and elevations. If all improvements cannot be installed prior to occupancy, the City may approve a Deferred Improvement Agreement to defer the completion of the improvements provided that a bond, cash deposit, or other surety in a form and substance approved by the City Attorney, is submitted to the City in lieu of installation of the improvements, that application and required fees are submitted, and that the incomplete improvements will not create an unsafe condition on the site. The term of the deferral shall be as determined by the Development Services Director. B. The applicant shall defend, indemnify, and hold harmless the City of San Juan Capistrano and its officers, employees, and agents from and against any claim, action, or proceeding against the City of San Juan Capistrano, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of San Juan Capistrano concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.
Zoning Administrator Resolution 15-07-27-01 zv 15-002 Final Conditions of Approval Date: July 22, 2015 Page 2 of 2 C. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail. The following conditions shall be met prior to acceptance of improvements and release of bonds and/or surety, final utility clearances, or granting permission to use or occupy the project site, as specified below: D. Six 15 gallon Pittosporum Tenufolium shrubs shall be planted along the west property line between the new patio and the neighboring residence. E. A Tree Removal Permit shall be applied for and approved by discretion prior to the removal of any trees. F. A minimum of one week prior to final inspection by the Building and Safety Division, the applicant shall schedule a final inspection by the Planning Division, and shall pay any outstanding balance in the Developer Deposit Account assigned to this application. G. The applicant shall ensure that all building permit plans are reviewed and stamped approved by the Home Owners Association discretionary review board prior to submission for plan check by the City of San Juan Capistrano Building Department. Applicant Acceptance of Conditions of Approval: By: Applicant Name Date Its: Title
RECEIVED \JUN 0 2 2015 Project: Address: Application: Subject: Peter Dolkas Residence 30311 Marbella Vista, San Juan Capistrano, CA 92675 A request for approval of a variance to allow a proposed, two-car, attached garage to encroach 4' -6" into the required 10' -0" side yard setback and allow the south corner of the proposed garage to encroach 4' -6" into the required 20' -0" front yard setback. Statement of Justification for Zoning Administrator Approval of a Variance to the Front and Side Yard Setback Standards for the Dolkas Residence.,JLANNING DEPT. Section 9-2.351 of the San Juan Capistrano Municipal Code establishes provisions for the review and approval of variances and minor exceptions. Subsection (e) establishes specific criteria and provides that no variance or minor exception shall be approved unless the reviewing authority makes the four findings established by the Code. An evaluation of the requested variance application pursuant to the Title 9, Land Use Code variance criteria concludes that the findings for approval of a variance have been met as follows: 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. The subject property possesses special circumstances with respect to size, shape, and topography. With respect to size, the subject property is significantly smaller than other properties situated along Marbella Vista within the immediate vicinity of the property and within the same zoning district. The subject property consists of 0.213 acres (9,270 square feet) in size whereas other residential properties within the immediate vicinity along the north side of Marbella Vista range in size from 0.290 acres (12,615 square feet) to 0.433 acres (18,848 square feet), with an average size of 0.351 acres (15,292 SF). Subject Property Size (acres) Size (SF) 30311 Marbella Vista 0.213 9,270 Other Properties in the Immediate Vicinity 30312 Marbella Vista 0.414 18,016 30321 Marbella Vista 0.309 13,464 30331 Marbella Vista 0.330 14,366 30341 Marbella Vista 0.332 14,440 30351 Marbella Vista 0.290 12,615 30361 Marbella Vista 0.433 1_8,848 Average Size of Other Properties: 0.351 15,292 Source: City of San Juan Capistrano Website, Community View/GIS ATTACHMENT 2
Thus, the subject property is, on average, roughly 60% of the size of other residential properties in the immediate vicinity under the same zoning classification. Furthermore, the subject property is constrained in shape relative to other lots in the immediate vicinity and under the same zoning classification. The subject property possesses a "triangular" shape which has limited the siting opportunities for the existing single family residence and precluded the ability to site the house in a manner which would accommodate the proposed 2-car garage addition. With a more "rectangular" shape, similar to other properties in the immediate vicinity and under the same zoning, the existing residence could have been sited to the east and perhaps with a greater front yard setback thereby eliminating the necessity to secure the requested setback variance. As the photo above clearly depicts, the subject residence, outlined in light green, possesses a shape which is more constraining than other residential properties in the immediate vicinity and under the same zoning. Finally, the subject property is constrained with respect to topography. While this condition is not wholly unique to the subject property, it's important to note that the variance criteria can be met by a finding of unique circumstances "including size, shape, topography, location, or surroundings." The sloped condition coupled with the shape of the property, has resulted in a layout and orientation of the residence which would re uire that the entry walkway to be eliminated in order to accommodate the proposed garage addition. The side yard variance would allow the proposed garage addition to be situated 4'-6" to the 2
west (left as you face the property) thus maintaining the architectural and aesthetic appearance and visual balance of the front building elevation. The requested variance is necessary to allow the subject property to be developed in a manner enjoying the same privileges as other properties in the immediate vicinity and under the same zoning. Such properties have been developed with three and four-car garages including the properties at 30331 and 30341 Marbella Vista as depicted in the two photographs to the right. In conclusion, there are clearly special circumstances applicable to the property at 30311 Marbella Vista including size, shape, and topography such that the strict application of this Code would deprive the property of privileges, consisting of the right to construct a two-car garage addition to provide garages for four cars on the property, 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. Granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties because the requested variance will only permit the construction of the ro osed two-car garage addition and will not allow the con :tnkwn o ------ other improvements beyond those enjoyed by other properties in the immediate vicinity and under the same zoning. 3
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. Other than the requested variance to the front yard and side yard setback, the proposed project will comply with all other provisions of the City's General Plan and Title 9, land Use Code. Notably, the General Plan and Title 9 provide the policy basis and regulatory framework for the establishment of Home Owners Associations (HOAs) such as the Marbella Country Club HOA in order to maintain the architectural character of neighborhoods within the City. The applicant's plans have been through an exhaustive and comprehensive review over the past year by the Association's professional architect to assure that the plans are consistent with the Marbella Community Design Guidelines. As a result, the project plans have received the HOA' s complete approval. Also, Marbella is a gated community without general public access and so, the Design Guidelines along with the established development standards ultimately serve the interests of the HOA and the residents. Thus, the HOA's approval of the plans not only reflects consistency with the General Plan and Title 9, land Use Code but also reflects a determination by the HOA Board that the proposed variance is acceptable and approvable in keeping with the Marbella Community's Design Guidelines. 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. The granting of the variance will not be materially detrimental to the public health, safety, and welfare or injurious to the properties or improvements in the vicinity and district because the project will require the issuance of grading and building permits by the City of San Juan Capistrano and all work will be subject to inspection by the City's building inspectors. Furthermore, the grading plan will be required to include provisions to assure the geotechnical stability of the up-slope property to the west including temporary shoring or other stabilizing methods approved by the City's Building Official. 4
30311 Marbella Vista- Aerial View ATTACHMENT 3
General Plan Land Use Map
Zoning Map