PC Resolution-04-07-27-01RESOLUTION NO. 04-7-27-1
AMENDMENT TO THE LOS RlOS SPECIFIC PLAN
SPECIFIC PLAN (SP) 78-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION AND
ADOPTION OF AN AMENDMENT TO LOS RlOS SPECIFIC PLAN (SP) 78-01, (RZ 04-02)
Whereas, on January 5, 2004, the City received written correspondence from the
San Juan Capistrano Historical Society requesting an amendment to the Los Rios Specific Plan
to allow relocation of an existing historical structure known as the Arley Leck House into the HR
(Historic Residential) zone within the Specific Plan area, in order to expand the existing
historical museum at 31831 Los Rios Street (hereinafter referred to as "Application"); and
Whereas on March 16, 2004 the City Council considered said request and
directed that staff process the request as an application for a Specific Plan Amendment and
further specified that such amendment shall be considered for relocation of historic structures
into the district for public museum purposes only; and
Whereas, staff prepared an environmental initial study for the Application
pursuant to the California Environmental Quality Act (CEQA) and the Environmental
Administrator on June 29, 2004 determined that the Application qualifies for a Negative
Declaration and issued the same, and the City has otherwise complied with all applicable
provisions of the California Environmental Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission conducted a noticed public meeting
on Tuesday, June 29, 2004 pursuant to Section 9-2.313 of the Municipal Code to review the
draft amendment and consider public testimony on the proposed Application, and
recommended approval of the Specific Plan Amendment as set forth on Attachment 1 of this
resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings with
respect to the draft amendment to the Los Rios Specific Plan:
1. The Planning Commission hereby finds that based on the Initial Study, the public
hearing, and substantial evidence in the record, the Specific Pian Amendment will not
have a significant effect on the environment. The Negative Declaration prepared in
connection with the application has been reviewed and considered and reflects the
independent judgment of the Planning Commission, and is hereby adopted.
2. The draft amendment to the Los Rios Specific Plan (LRSP) is consistent with the goals,
policies and objectives of the San Juan Capistrano Land Use Element because the
proposed use of relocated structures in the district for public museum purposes is
consistent with the land uses allowed in the zone; adequate access will be provided
pursuant to the Circulation Element; adequate provisions will be made for infrastructure
and public safety when a Site Plan review application is filed for any proposed
relocation; the Application will have no impact on housing, open space, noise, or
floodplain management; and the Application is consistent with Cultural Resources Goal
PC Resolution 04-7-27-1
Los Rios Specific Plan Amendment L
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July 27, 2004
Page 1
1 , to “Preserve and protect historical, archaeological, and paleontological resources,”
because any relocations will be required to be set back from the street to protect the
image of the street frontage, to comply with the Secretary of Interior Standards for
Historic Properties, to maintain authentic district finishes, to be used for public/museum
historical purposes only and to maintain the prohibition on relocation of houses that do
not meet these conditions; and with Cultural Resources Policy 1.2, to “Identify,
designate, and protect buildings and sites of historic importance,” because allowing
relocation to the Historic Residential zone will preserve buildings that would otherwise
risk demolition for historic public museum purposes providing a public benefit.
3. The Application will not impede the City’s implementation of the Housing Element,
Safety Element, Conservation & Open Space Element, Noise Element, Community
Design Element, Growth Management Element, Parks & Recreation Element, Public
Services & Utilities Element, and Floodplain Management Element because the
proposed text amendment will not affect these elements of the General Plan.
Based upon the findings set forth in paragraphs 1, 2, and 3 above, the Planning Commission
hereby recommends adoption of the Negative Declaration and recommends approval of the
Specific Plan Amendment to the Los Rios Specific Plan to amend the language of said
document as set forth on Attachment 1.
PASSED, APPROVED AND ADOPTED this 27th day of July, 2004, by the
following vote, to wit:
AYES: Commissioners Cohen, Drey, Ratcliffe and Chairman Neely.
NOES: None
ABSTAIN: Commissioner Cardoza
ABSENT: None
Molly Bogu Planrbg Director, Secretary
PC Resolution 04-7-27-1
Los Rios Specific Plan Amendment L
July 27, 2004
Page 1
Attachment 1
Los Rios Specific Plan Amendment (RZ) 04-02
Land Use Goal 9 of the Specific Plan is hereby amended as follows:
Land Use Goal #9: The City will protect the integrity of the Los Rios National Register Historic
District through design standards, buffering new development
from the district, and by prohibiting the relocation of historic
structures to the district7 except as set forth in Section 3.c.5 of this
plan.
Section 3.b.5 (9 (I 0) is hereby amended as follows:
IO. Structures, historical or non-historical, shall be prohibited from relocations to any part
of the “HR District, in order to preserve the integrity of the Los Rios National Register Historic
District7 except as provided for by Section 3.c.5 of this plan.
Section 3.c.5 is hereby amended as follows:
5. Relocated Buildings: Relocation of structures to or from the National Register historic
District (NRHD) shall be prohibited, except as otherwise provided in this section: ‘L
- a. Structures relocated to or from the Los Rios Specific Plan District, outside the
NRHD, will comply with the following standards:
- i. e Structures relocated to the District must be historically and /or
architecturally significant as evidenced by listing on the City’s Inventory of
Historic and Cultural Landmarks (IHCL).
- ii. t4: Structures relocated to the District must be architecturally compatible with
contributing structures of the District based on building mass and
architectural style, recognizing that California adobe, Victorian, and
vernacular board and batten structures are common styles characteristic
of the District.
- iii. e Structures must comply with all development standards of hte zone
district related to setbacks, building height, building coverage, and open
area.
- b. Structures shall onlv be allowed to be relocated to the Historic Residential (HR)
Zone and the National Reuister Historic District for public/museum purposes
related to the historv of the San Juan Capistrano area and must complv with the
followina:
PC Resolution 04-7-27-1
Los Rios Specific Plan Amendment L
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July 27, 2004
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- ii. Relocated structures must meet applicable setbacks, open space,
landscapinq, disabled parking and accessibility as required by the Los Rios
Specific Plan, as it may be amended from time to time, and other applicable
reu ui remen ts.
- iii. Relocated structures must be set back from Los Rios Street to the maximum
extent possible while still complying with other required buildinq setbacks.
- iv. Any modifications to relocated structures shall comply with the Secretary of
Interior Standards for the treatment of Historic Properties.
- V. Any modifications to relocated historic structures shall comply with authentic
materials, colors and finishes as described for the district’s “contributing”
structures, as set forth in Part 3, C. 2.
- vi. Prior to issuance of any certificate of occupancy or final inspection a
relocated structure must include a permanent brass marker plaque providing
a brief history of the structure, original location, and date of relocation,
subiect to review and approval by the Cultural Heritaqe Commission.
Any such applications shall comply with the Los Rios Specific Plan, Title 9
and any other applicable requirements.
(P:\PLANNING\ERIN\SJC-PROJECTS\LECK HOUSE\PLANNING COMMISSION\SPA-LRSP-PC-RES04-07-27-X.DOC)
MEMORANDUM -
To: All Planners
From: Erin Gettis, Historic Preservation Manager
Date: September 23,2004
Subject: Los Rios Specific Plan Amendment (RZ) 04-02
Attached please find a copy of Attachment #I to Resolution 04-7-27-1, Los Rios
Specific Plan Amendment (RZ) 04-02.
PC Resolution 04-7-27-1
Los Rios Specific Plan Amendment u
July 27,2004
Page 1
Attachment 1
Los Rios Specific Plan Amendment (E) 04-02
Land Use Goal 9 of the Specific Plan is hereby amended as follows:
Land Use Goal #9: The City will protect the integrity of the Los Rios National Register Historic
District through design standards, buffering new development
from the district, and by prohibiting the relocation of historic
structures to the district7 except as set forth in Section 3.c.5 of this
plan.
Section 3.b.5 (9 (1 0) is hereby amended as follows:
10. Structures, historical or non-historical, shall be prohibited from relocations to any part
of the “HR District, in order to preserve the integrity of the Los Rios National Register Historic
District7 except as provided for bv Section 3.c.5 of this plan.
Section 3.c.5 is hereby amended as follows:
5. Relocated Buildings: Relocation of structures to or from the National Register historic
District (NRHD) shall be prohibited, except as otherwise provided in this section: .-,
- a. Structures relocated to or from the Los Rios Specific Plan District, outside the
NRHD, will comply with the following standards:
- i. Structures relocated to the District must be historically and /or
architecturally significant as evidenced by listing on the City’s Inventory of
Historic and Cultural Landmarks (IHCL).
- ii. kt Structures relocated to the District must be architecturally compatible with
contributing structures of the District based on building mass and
architectural style, recognizing that California adobe, Victorian, and
vernacular board and batten structures are common styles characteristic
of the District.
- iii. e Structures must comply with all development standards of hte zone
district related to setbacks, building height, building coverage, and open
area.
- b. Structures shall onlv be allowed to be relocated to the Historic Residential (HR)
Zone and the National Reaister Historic District for public/museum Dumoses
related to the historv of the San Juan Capistrano area and must comply with the
followins :
PC Resolution 04-7-27-1
Los Rios Specific Plan Amendment
July 27, 2004
Page 2
- ii. Relocated structures must meet applicable setbacks, open space,
landscapinq. disabled parking and accessibility as required by the Los Rios
Specific Plan, as it may be amended from time to time, and other applicable
requirements.
- iii. Relocated structures must be set back from Los Rios Street to the maximum
extent possible while still complvinq with other required buildinq setbacks.
- iv. Anv modifications to relocated structures shall complv with the Secretarv of
interior Standards for the treatment of Historic Properties.
- V. Any modifications to relocated historic structures shall comply with authentic
materials, colors and finishes as described for the district‘s “contributinq”
structures, as set forth in Part 3. C. 2.
- vi. Prior to issuance of any certificate of occupancv or final inspection a
relocated structure must include a permanent brass marker plaque providing
a brief history of the structure, oriqinal location, and date of relocation,
subiect to review and approval by the Cultural Heritaqe Commission.
- vii. Any such applications shall comply with the Los Rios Specific Plan, Title 9
and any other applicable requirements.
(P:\PLANNING\ERIN\SJC-PROJECTS\LECK HOUSEPLANNING COMMISSION\SPA-LRSP-PC-RES04-07-27-X.DOC)