Resolution Number 80-3-19-7405
RESOLUTION NO. 80-3-19-7
ZONE VARIANCE 80-2 (MINCH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING ZONE VARIANCE 80-2, A REQUEST TO ALLOW
A TEMPORARY CARETAKER'S RESIDENCE OUTSIDE THE FP -1
AND FP -2 FLOODWAY OVERLAY DISTRICT ON LOT 3,
TRACT 10090
WHEREAS, the applicant, John A. Minch, 25721 Avenida
Pedregal, San Juan Capistrano, California, has submitted a
proposal to allow a temporary caretaker's residence outside the
FP -1, FP -2 Floodway Overlay District for Lot 3, Tract 10090; and,
WHEREAS, the Environmental Review Board has reviewed
the application and determined that the project is categorically
exempt in that it involves only minor changes in land use
limitations, and has otherwise carried out all provisions of the
California Environmental Quality Act; and,
WHEREAS, the Planning Commission after conducting a
duly advertised public hearing denied Zone Variance 80-2 on
February 11, 1980; and,
WHEREAS, the applicant has appealed the action of the
Planning Commission to the City Council; and,
WHEREAS a public hearing has been duly advertised and
held to review and receive public testimony on the application.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
following findings:
1. There are special circumstances applicable to the
property which do not generally apply to other
properties in the neighborhood in that the
temporary caretaker's residence is necessary for
the security of a single-family residence during
construction; and,
2. The permit is necessary for the preservation and
enjoyment of privileges enjoyed by other properties
in the vicinity and under identical zoning
classification; and,
3. The granting of the permit will not contribute to
a property development which will be materially
detrimental to the public welfare or injurious to
property or improvements in the vicinity in that
the use is temporary and is located in an area
which is not immediately adjacent to any other
residential unit; and,
4. The granting of the permit is consistent with the
General Plan.
the City Council does hereby approve Zone Variance 80-2 subject
to the following conditions:
1. A utility plan shall be submitted and approved by
the City Engineer regarding necessary connections
to serve the unit.
2. The temporary caretaker's residence shall not
exceed approximately 600 square feet.
-1-
The temporary caretaker's residence shall not be
placed on the parcel until after building permits
have been issued by the Building and Safety
Division.
The temporary caretaker's residence shall be
located in accordance with the site plan submitted
as a part of Zone Variance 80-2. Any modification
to the approved site plan must be reviewed and
approved by the Director of Community Planning and
Development.
zone Variance 80-2 shall expire six months from
the date of the issuance of the set-up permit for
the temporary caretaker's residence or upon
issuance of a Use and Occupancy Permit for the
permanent residence, whichever occurs first. Upon
expiration, said temporary unit shall be removed
from the site within 14 days.
In order to insure compliance with the conditions
of approval for Zone Variance 80-2, a cash deposit
or other surety device shall be deposited with the
City. The amount shall be determined by the City
Engineer. In addition, the applicant shall enter
into an agreement which provides for the forfeiture
of the bond and right of entry onto the subject
property for the removal of the temporary cdretaker's
residence in the event that the use is in non-
compliance with the preceding conditions of
approval. No set-up permits shall be issued until
the bond and executed agreement have been submitted
and accepted by the City.
PASSED, APPROVED AND ADOPTED this 19th day of
March , 1980, by the following vote, to wit:
ATTEST:
AYES: Councilmen Hausdorfer, Thorpe, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Schwartze
LiN
KENNETH E. FRIE SMAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 80-3-19-7 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 19th day of
March 1 1980
(SEAL)
/ RY ANN YANOVER, CITY CLERK
-2-
STATE OF CALIFORNIA
407
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 79-2-21-7 and on the 21st day of March , 1980 ,
she caused to be posted:
RESOLUTION NO. 80-3-19-7
being: ZONE VARIANCE 80-2 (MINCH)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY
APPROVING ZONE VARIANCE 80-2, A REQUEST TO ALLOW
A TEMPORARY CARETAKER'S RESIDENCE OUTSIDE THE FP -1
AND FP -2 FLOODWAY OVERLAY DISTRICT ON LOT 3,
TRACT 10090
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The San Juan Hot Springs Dance Hall;
The Orange County Public Library.
ril Ltc'e 4Q� 9
MARY AN H OVER, City C rk
San Juan Capistrano, California
-3-