ZA Resolution-02-06-05-01-
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Z.A. RESOLUTION NO. 02-06-05-01
CONDITIONAL USE PERMIT (CUP) 02-08
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 CONVERSION OF A
STUDIO INTO SECONDARY DWELLING UNIT IN THE (RD) GARDEN HOME ZONE
DISTRICT FOR THE RESIDENCE LOCATED AT 31305 ANDRES PIC0 ROAD, AND
OR LOTS 10, OF TRACT 808. (MC NAMEE RESIDENCE)
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 124-201-03,
WHEREAS, the applicants Brad and Mari McNamee request Zoning Administrator
approval of a conditional use permit to allow the conversion of a detached 624 square foot
studio into a secondary dwelling unit. The studio currently exist on the second floor of the
detached garage structure which is associated with the single family residence located at
31305 Andres Pic0 Road San Juan Capistrano, CA 92675. on a 7,050 square foot lot
which is General Plan-designated “2.4, Medium High Density Residential,” and classified
as “RD” (Garden Home) 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 otherwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
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WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on
June 05, 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
conversion of a secondary dwelling unit will not increase the density of the
site beyond the permitted 5.8-8 dwelling units per gross acre.
2. The proposed secondary dwelling unit is consistent with the purpose and
intent of the “RD“ Garden Home zone district in that the creation of the unit
would occur as a conversion to an existing studio located on the second
story of the existing legally-created garage structure which serves the single-
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ZA Resolution 02-06-05-01 -2- June 5.2002
family residence, and approval of conditional use permit 02-08 would allow
the establishment of a secondary dwelling unit.
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 02-08, 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 ZA 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 June 20, 2002.
PASSED, APPROVED, AND ADOPTED this 5th day of June, 2002.
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