ZA Resolution-02-07-09-01ZA RESOLUTION NO. 02-7-9-1
CONDITIONAL USE PERMIT (CUP! 02-06
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 SECONDARY DWELLING
UNIT IN THE (ES) SMALL ESTATE ZONE DISTRICT FOR A RESIDENCE
LOCATED AT 31801 PASEO TERRAZA AND MORE SPECIFICALLY
REFERRED TO AS ASSESSORS PARCEL NO. 649-291-18 (HERVEY)
WHEREAS, the applicant Mr. Robert Hervey requests approval of a conditional use
permit to allow a “secondary dwelling unit” of approximately 976 square feet to be located
at 31801 Paseo Terraza. The project site is General Plan-designated as Low Density
Residential (1.1 to 2.0 dwelling units per acre) and classified as (ES) Small Estate
Residential 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 othefwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
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WHEREAS, the Zoning Administrator conducted duly noticed public hearings on
June 5, July 3, and July 9, 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 in that the 2.1 Low
density residential designation of the property specifically allows “secondary
single-family units” and furthermore, while California Government Code
section 65852.2(a)(3) allows local agencies to adopt regulations which
require “secondary dwelling units” to comply with the General Plan density
limits, Section 9-3.607 of the Title 9, Land Use Code contains no maximum
density limitation; and,
2. The proposed secondary dwelling unit is consistent with the purpose and
intent of the “ES” (small estate) zoning district in that the creation of the
secondary dwelling unit will occur on a lot that has been previously
developed with a permitted single-family detached dwelling unit; and,
ZA Resolution 02-07-09-1 -2- July 9, 2002
3. The proposed use is compatible with the surrounding land uses in that the
secondary dwelling unit consists of a residential use and the surrounding
land uses are exclusively residential; and,
4. The proposed “secondary dwelling unit” would comply with all applicable
provisions of the Land Use Code Section 9-3.607(c) “Secondary Dwelling
Units” subject to the conditions contained herein; and,
5. The proposed “secondary dwelling unit” would comply with all applicable
provisions of the Land Use Code Section 9-3.424, “Development Standards”
including maximum building height, minimum setbacks. Furthermore, the
project would provide 57% (1 1,674 sf open area on the 20,462 sf lot) open
area. While the “ES” Zone District in which the project is located establishes
no minimum open area requirement, the proposed project provides almost
twice the minimum open area percentage required by the most restrictive
residential open area requirement of 30% for the “RS” (single family
residential) Zone District.
NOW, THEREFORE, BE IT RESOLVED, that the Zoning Administrator of the City
of San Juan Capistrano hereby confirms issuance of a categorical exemption and
approves Conditional Use Permit 02-06, subject to the following conditions:
1. Prior to grading or building permit issuance, the project shall demonstrate
substantial compliance with the preliminary site and architectural plans
subject to review and approval by the Zoning Administrator. The “secondary
dwelling unit” will maintain the setbacks required by Section 9-3.424, Table
3-1, “Development Standards.”
2. Prior to building permit issuance, the project shall submit a color 81 material
board and/or architectural specifications which demonstrate that the design
and overall appearance of the secondary dwelling unit will be consistent with
the principal dwelling unit in terms of tile roofing and color blend, stucco
finish, exterior wall color, trim color, and door and window specifications.
3. The project shall maintain a minimum of one (1) off-street covered parking
space to serve the ”secondary dwelling unit.”
4. The proposed driveway shall be setback and maintain a minimum of three
(3’-0”)feet from the side yard property line per Section 9-3.424(b)(5)(ii) of the
Municipal Code. The driveway shall be concrete, asphaltic concrete, or a
comparable dust-free surface acceptable to the City Engineer. Prior to
issuance of an occupancy permit, the project shall complete installation of
ZA Resolution 02-07-09-1 -3- Julv 9. 2002
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the driveway consistent with the approved site plan and to the satisfaction of
the Zoning Administrator.
5. The secondary dwelling unit and the principal dwelling unit shall remain
under the same ownership. While California Government Code and Title 9,
Land Use Code would allow the property owner to use the “secondary
dwelling unit” as either a guest house or residential rental property, nothing
in this approval shall be construed to limit the property owner’s right to
impose a private condition, covenant, & restriction (CCR) which would
prohibit or otherwise restrict rental of the “secondary dwelling unit.”
6. Prior to building permit issuance, the project site plan shall include provisions
to replace the existing chain link fence with a six (6) foot high, board-on-
board fence around the perimeter of the rear yard including that area to the
rear of the existing dwelling unit. The specific design of such fencing will be
at the discretion of the property owner and subject to Zoning Administrator
approval. Prior to issuance of an occupancy permit, the project shall
complete construction of said fencing.
7. Prior to building permit issuance, the project shall submit a landscape plan
indicating the location of two, specimen trees required to replace the two
existing trees in the rear yard proposed for removal subject to review and
approval by the Zoning Administrator. The proposed trees shall be limited
to species designated as Native California or non-exotidnon-invasive
species by the California Pest Plant Council. Prior to issuance of an
occupancy permit, the project shall complete planting of the two
replacement, specimen trees.
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 at 5:OO pm on July 24, 2002.
Pursuant to Section 9-2.303(g) of the Land Use Code, the project approval shall remain
in effect for one (1) year and the property owner must secure a building permit for the
“secondary dwelling unit” prior to July 9,2003. Otherwise, this approval shall become null
and void.
PASSED, APPROVED, AND ADOPTED this 9th day of July, 2002.
William A. Ramsey, AICP,
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