Resolution Number 02-10-15-04RESOLUTION NO. 02-10-15- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE ZONING
ADMINISTRATOR'S JULY 9 DECISION APPROVING A CONDITIONAL
USE PERMIT (CUP) 02-06 TO ALLOW A SECONDARY DWELLING
UNIT IN THE (ES) SMALL ESTATE ZONE DISTRICT ON PROPERTY
LOCATED AT 31801 PASEO TERRAZA AND MORE SPECIFICALLY
REFERRED TO AS ASSESSORS PARCEL NO. 649-291-18 (ROBERT
HERVEY)
WHEREAS, Jonathon Oas, the appellant, has appealed the Zoning
Administrator's July 9, 2002 approval of Conditional Use Permit 02-06 by Robert
Hervey, the applicant, to allow the construction of a "secondary dwelling unit" on an
existing one-half acre lot in the "ES" (small estate -residential) Zone District located at
31801 Paseo Terraza and more specifically referred to as Assessors Parcel No. 649-
291-18; and,
WHEREAS, Jonathon Oas, filed the appeal at 4:41 p.m. on Wednesday, July 24
prior to expiration of the fifteen day appeal period which expired at 5:00 p.m. on
Wednesday, July 24, 2002; and,
WHEREAS, the City Clerk has determined that Jonathon Oas, the appellant,
represents a real property owner within three -hundred feet of the project consistent with
Section 9-2.314, Appeals of Title 9, Land Use Code which provides that an appeal may
only be filed by "An applicant, any resident of the City, any owner of real property in the
City, or a tenant or leaseholder of property which is located adjacent to/or within 300
feet of the property boundaries of the application being appealed, or an individual or firm
that may be effected by the decision on the application;" 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
Class 3 categorical exemption pursuant to Subsection 15303(a) which expressly
exempts `one single-family residence, or a second dwelling unit in a residential
zone" from environmental review; has 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 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.
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WHEREAS, the City Council conducted duly noticed public hearings on
September 3 and September 17 pursuant to Section 9-2.313 of the Municipal Code to
consider public testimony on the appeal of the Zoning Administrator's approval of the
proposed project.
WHEREAS, the City Council has carefully considered testimony of the applicant
and neighbors, both for and against the project,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano hereby makes 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 unit be accessory to the
principal single-family detached dwelling unit; and,
3. The proposed use is compatible with the surrounding land uses in that the
secondary dwelling unit is a residential use and the surrounding land uses are
exclusively residential. General concerns cited by some neighbors opposing the
project were not supported by specific evidence or reasons to indicate the
placement of the secondary dwelling unit on the parcel would cause an actual
adverse impact such as noise to the community.
4. The proposed "secondary dwelling unit" complies with all applicable provisions of
the Land Use Code Section 9-3.607(c) "Secondary Dwelling Units" subject to the
conditions of approval contained herein; and,
5. The proposed "secondary dwelling unit" complies with all applicable provisions of
the Land Use Code Section 9-3.424, "Development Standards" including
maximum building height, minimum setbacks, and minimum open area and will
provide 57% open area; almost double the minimum open area percentage of
30% required in the adjoining the "RS" (single family residential) Zone District
(Note: the "ES" Zone District in which the project is located establishes no
minimum open area requirement.)
6. The applicant's appeal, which asserts that the project does not comply with the
provisions of the California Environmental Quality Act (CEQA), is not supported
by the facts of the case, and the project is categorically exempt pursuant to
Section 15303(a) of the CEQA Guidelines; and,
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7. The applicant's appeal, which asserts that the project would result in `the
placement, size, and allowance of an active driveway and garage into an open
space corridor," is not supported by the facts of the case in that the appellant has
mis-characterized the Hervey property as an "open space corridor" when in fact,
the property is not encumbered by open space zoning, open space easements,
or a view protection easement, and meets all applicable "ES" (small estate -
residential) District standards with respect to setbacks, building height, and
minimum open area.
8. The staff reports of September 3 and September 17 are hereby incorporated
herein by reference in support of the findings provided herein.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano upholds the July 9, 2002 decision of the Zoning Administrator
approving Conditional Use Permit 02-06, subject to the following conditions:
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 & 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 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."
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The property owner, however, has voluntarily offered as part of his application process
to record a private deed restriction limiting the use of the secondary dwelling unit to
family use purposes only. Accordingly, the property owner shall record an appropriate
private deed restriction as approved by the City Attorney to achieve this purpose prior to
receiving a building permit for 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.
Prior to building permit issuance, the project shall submit a landscape plan
indicating the location of two, new 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 -exotic 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.
PASSED, APPROVED, AND ADOPTED this 15th day of October 2002.
ATTEST:
MONAHAN,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. 02-10-15-04 was duly adopted by the City Council of the City of San Juan Capistrano at a
regular meeting thereof, held the 15th day of October 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor Bathgate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEM)3Ef3,S: None
City Clerk