ZA Resolution-03-04-15-01Z.A. RESOLUTION NO. 03-04-1 5-1
CONDITIONAL USE PERMIT (CUP) 01 -14
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND
APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A
SECONDARY DWELLING UNIT IN THE (100 EL) LARGE ESTATE ZONE DISTRICT
FOR THE RESIDENCE TO BE LOCATED AT 32031 PEPPERTREE BEND, AND MORE
LOTS 29, OF TRACT 10593. (CHAHLA RESIDENCE)
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 649-3524 1 OR
WHEREAS, the applicant Sami Chahla, 31742 Rancho Viejo Road, Suite E, San
Juan Capistrano, CA 92675 has requested approval of Conditional Use Permit 01-14 to
allow the construction of a 988 square foot secondary dwelling unit within the proposed
single family residence to be located at 32031 Peppertree Bend, San Juan Capistrano, CA
92675, on a 1.88 acre lot which is General Plan-designated “2.0, Very Low Density
Residential,” and classified as “100EL” (Large Estate) on the Official Zoning Map; and,
WHEREAS, the proposed project has been processed pursuant to Section 9-2.405,
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 othewise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
..
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on
January 16, 2002 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 Zoning Administrator of the City
of San Juan Capistrano does hereby make the following findings:
1. The proposed use is consistent with the General Plan designation in that the
construction of a secondary dwelling unit will not increase the density of the
site beyond the permitted one dwelling unit per gross acre.
2. The proposed secondary dwelling unit is consistent with the purpose and
intent of the “100EL” large estate zoning district in that the creation of the
secondary dwelling unit would be integrated into a legally created single
family residence.
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ZA Resolution 03-04-1 5-1 -2- ADril 15.2003
3. The proposed use is compatible with the surrounding land uses in that the
secondary dwelling unit will not create a use other than residential.
4. The applicants proposed "secondary dwelling unit" complies with all
applicable provisions of the Title 9 Land Use Code Section 9-3.607(c)
"Secondary Dwelling Units" subject to the conditions contained herein.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City
of San Juan Capistrano does hereby confirm issuance of a categorical exemption and
approval of Conditional Use Permit 01-14, subject to the following conditions:
1. Prior to grading and building permit issuance, the project shall demonstrate
substantial compliance with the conditional use permit exhibits, subject to
review and approval by the Zoning Administrator.
2. Prior to occupancy permit issuance, the overall appearance of the secondary
dwelling unit shall be determined to be consistent with the materials, colors,
and design of the primary residential structure subject to 2X approval.
3. Ownership of the primary structure and the secondary dwelling unit shall be
retained by the same party or business entity.
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 on April 30, 2003.
PASSED, APPROVED, AND ADOPTED this 15th day of April, 2003.
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