Ordinance Number 529ORDINANCE NO. 529
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
ACCESSORY USES AND STRUCTURES
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.607 OF THE
MUNICIPAL CODE RELATING TO ACCESSORY USES AND
STRUCTURES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the amendment set forth herein, has determined
that the amendment is categorically exempt from
environmental review, and has otherwise carried
out all requirements of the California
Environmental Quality Act, as amended. The City
Council hereby concurs with the Environmental
Review Board findings.
B. This code amendment will allow the creation of
secondary dwelling units in accordance with state
law requirements, while providing standards and
procedures for the establishment of such units.
C. A duly noticed public hearing has been held to
receive and consider public testimony regarding
the proposed amendment.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the amendment to the Municipal Code set
forth under Paragraph B, following, is hereby
enacted.
B. Amendment
1. Subsections (b) and (c) of Section 9-3.607 of
the Municipal Code are hereby amended to read
as follows:
"(b) Accessory structures.
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"(1) Attached accessory structures.
Fully enclosed, attached accessory
structures shall be made
structurally a part of, and have a
common roof with, the main building
and shall comply in all respects
with the requirements of this
Chapter applicable to the principal
structure. open patio covers shall
be regulated by paragraph (d) of
this Section.
"(2) Detached accessory structures.
Detached accessory structures shall
satisfy all of the following
requirements:
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Shall not exceed the height of
the principal structure on the
building site;
"O Shall conform to the front and
side yard requirements of the
applicable district;
"° Shall maintain a minimum
separation of six (6) feet
between the detached accessory
structure and the main
building;
"° I£ less than 450 square feet
gross floor area, the
structure shall be located a
minimum distance from the
parcel's rear property line
equal to the height of said
structure. However, if the
structure is 450 square feet
or more in gross floor area,
it shall conform to the same
rear yard setback requirement
as required for main buildings
in the applicable district.
"(c) Secondary dwelling units.
"(1) Purposes. The purpose of this
Subsection (9-3.607(c)) is to
provide for the creation of one new
secondary dwelling unit, consistent
with the General Plan, on lots
already containing a legally
created single-family detached
unit.
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"(2) Definition. For the purposes of
this Section, 'Secondary Dwelling
Unit' means a separate residential
unit containing sleeping quarters,
kitchen, and bathroom facilities
independent of the principal
dwelling on the site.
"(3) Permitted secondary units. A
maximum of one secondary
residential unit may be created on
a lot already containing one
legally established single-family
detached dwelling unit, provided a
conditional use permit is approved
for each such secondary unit. No
such unit may be created or
occupied prior to such a
conditional use permit approval.
Applications for such conditional
use permits may be made only by the
record owner or the owner's agent.
Information and plans necessary to
support the application shall be as
determined by the Director of
Community Planning and Development.
"(4) Detached, attached. Secondary
units may be detached from,
attached to, or integrated within
the principal dwelling.
"(5) Development standards. Secondary
units shall conform to the
development standards for the
zoning district in which they are
located, including, but not limited
to, setbacks, height, and minimum
open area.
11(6) Unit size. Secondary dwelling
units shall be no less than 300 and
no more than 1,000 square feet in
gross floor area.
"(7) Parking. One off-street covered
parking space shall be provided, in
accordance with the standards of
Section 9-3.602, for each secondary
unit in addition to those required
for the principal unit. Parking
spaces for principal and secondary
units shall be independently
usable, and the use of one space
shall not interfere with access to
any other space.
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"(8) Appearance. Design, materials, and
overall appearance of the secondary
unit shall be generally consistent
with the principal unit.
"(9) Ownership. Secondary units shall
remain under the same ownership as
that of the principal dwelling and
shall not be sold or owned
separately from the principal
dwelling.
"(10) General Plan consistency. No
secondary unit shall be approved
unless the decision-making body
determines that the creation of
said unit is consistent with the
goals and policies of the General
Plan and will not violate the
residential density limitations of
the Plan. Further, the approval of
previous secondary units in a
residential area shall not be
considered as precedent for a
finding that subsequent secondary
units are also consistent with the
General Plan.
11(11) Other requirements. Other
requirements, in addition to those
preceding, may be imposed as a
condition of use permit approval
if, in the judgment of the
approving body, such measures are
necessary to mitigate possible
adverse impacts of the secondary
unit on the surrounding
properties."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification
The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated
posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in
the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of
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this Ordinance shall be posted in the Office of the City Clerk
five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk
shall cause to be published, the aforementioned summary and shall
post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
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ATTEST:
PASSED, APPROVED AND ADOPTED this
, 1985
8th day of
CITY CLE
47
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 Ordinance No. 529 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on December 4 1984 , and
adopted at a meeting held on January 8 1985 , by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL) �!
MARY ANN ER, TY CLERK
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