ZA Resolution-99-09-29-01Z.A. RESOLUTION NO. 99-9-29-l
CONDITIONAL USE PERMIT (CUP) 99-07
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
THREE SECONDARY DWELLING UNITS IN THE (ES) SMALL ESTATE ZONE
DISTRICT FOR THE RESIDENCES TO BE LOCATED AT 31532,31351, AND 31171
OLD SAN JUAN ROAD AND MORE PRECISELY REFERRED TO AS ASSESSORS
PARCEL NUMBER 121-070-004 OR LOTS 2,24, AND 30 OF TRACT 14379. (OLD SAN
JUAN ESTATES)
WHEREAS, the applicant Woodbridge Development, 27285 Las Ramblas Suite
230, Mission Viejo, CA 92691 have requested approval of Conditional Use Permit 99-07
to allow the construction of three secondary dwelling units, each 427 square feet in size
and to be located on three 20,000 square foot lots at 31532, 31351, and 31171 Old San
Juan Road, San Juan Capistrano, CA 92675 which is General Plan-designated “1.4,
Medium Density Residential,” and classified as “ES” (Small Estate) on the Official Zoning
Map; and,
WHEREAS, the proposed project has been processed pursuant to Section g-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
provrsions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Zoning Administrator conducted a duly noticed public hearing on
September 29, 1999 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
three sites greater than the permitted five dwelling units per gross acre.
2. The proposed secondary dwelling units are consistent with the purpose and
intent of the “ES” small estate zoning district in that the creation of each unit
C :\~P~~IN60:WPDOCS:HISTORIC:OLSJ RES
ZA Resolution 99-9-29-l -2- September 29, 1999
will take place on a lot that already contains a legally created single family
detached 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 units” comply 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 99-07, 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 units 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 October 15, 1999.
PASSED, APPROVED, AND ADOPTED this 29th day of September, 1999.
Lkk- /
William A. Ramsey, AICP, Z
C \5’PWIN60:\5’PDOCS:HISTORIC~O~J RES