Ordinance Number 881ORDINANCE NO. 881
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING TITLE 9, CHAPTER 3, ARTICLE 5, SECTION
9-3.501(C) OF THE MUNICIPAL CODE, ENTITLED "SECONDARY
DWELLING UNITS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 FINDINGS
WHEREAS, the California State Legislature passed Assembly Bill 1866,
preempting local regulations regarding the entitlement of "secondary dwelling units"
from any discretionary requirements such that applications for such dwelling units are to
be processed as a ministerial permit; and,
WHEREAS, the Governor of California did sign said legislation having an
effective date of July 1, 2003; and,
WHEREAS, all local jurisdictions are required to bring their regulations into
compliance with the provisions of Assembly Bill 1866 by its effective date; and,
WHEREAS, the Planning Services Department has prepared language to amend
Section 9-3.501 of Title 9, of the Municipal Code to bring said regulations into
compliance with the provisions of Assembly Bill 1866; and,
WHEREAS, the City's Environmental Administrator on February 25, 2003
reviewed an Initial Study prepared on the provisions of Code Amendment 03-01 and
determined that the proposed amendment will not cause a significant impact upon the
environment and has accordingly issued a Negative Declaration and has complied with
the provisions of the California Environmental Quality Act (1970) as they apply to this
amendment and otherwise carried out all applicable provisions of that Act; and,
WHEREAS, the code amendment is consistent with the goals, policies and
objectives of the San Juan Capistrano General Plan as it relates to the Housing
Element; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing
on April 8, 2003, where they recommended that the City Council adopt Code
Amendment 03-01 as contained herein; and,
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WHEREAS, the City Council conducted a duly noticed public hearing on May 6,
2003 to receive and consider public testimony and the contents of Code Amendment
03-01.
SECTION 2 AMENDMENT TEXT
Municipal Code Section 9-3.501(c) entitled "Secondary Dwelling Units" is hereby
amended in its entirety to read as follow:
9-3.501(c) Secondary dwelling unit
(1) Purpose. The purpose of this subsection 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 in all residential districts where permitted. Said
units shall be exempt from the calculation of General Plan density.
a. Permitted secondary units. A maximum of one (1) secondary
residential dwelling unit may be created on a lot already containing
one legally established single-family detached dwelling unit.
b. Detached, attached. Secondary dwelling units may be detached
from, attached to, or integrated within the principal dwelling.
C. Development standards. Secondary dwelling 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.
d. Unit size. Secondary dwelling units shall be no less than 300 and
no more than 1,000 square feet in gross floor area for all residential
districts, except the Residential/Agriculture (RA) District, where the
maximum gross floor area shall not exceed 1,500 square feet of
gross floor area, provided the cumulative building square footage
for the property does not exceed the maximum floor area ratio for
the applicable district.
e. Parking. One (1) off-street covered parking space shall be
provided, in accordance with the standards set forth in Section 9-
3.535 Parking, for each secondary dwelling unit in addition to those
required for the principal unit. Parking spaces for principal and
secondary dwelling units shall be independently usable, and the
use of one space shall not interfere with access to any other space.
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Appearance. The design, materials, and overall appearance of the
secondary dwelling unit shall be generally consistent with the
principal unit.
g. Ownership. Secondary dwelling units shall remain under the same
ownership as that of the principal dwelling and shall not be sol6or
owned separately from the principal dwelling.
SECTION 3 EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4 CITY CLERKS CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be
posted a 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 of this Ordinance and a
certified copy of the text of 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.
PASSED, APPROVED AND ADOPTED this 20th day of May 2003.
Jo e ff, Mayor
Attest:
Aro"t ) zdal1O,��1tloq
Ma aret R. Monahan, City Clem 4
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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 is a true and correct copy of Ordinance No. 881 which was
adopted and passed at the Regular Meeting of the City Council on the 20th day of May 2003 by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None