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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. -1- HE "(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: 10 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. -2- 61 "(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. -3- M "(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 -4- V tj 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. Jan 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 -5- -