ZA Resolution-23-08-30-01ZA RESOLUTION NO. 23-08-30-01
HISTORICAL & CULTURAL LANDMARK SITE PLAN REVIEW (SPR) 22-005
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A TIME EXTENSION OF HISTORICAL &
CULTURAL LANDMARK SITE PLAN REVIEW (SPR) 22-005 AND CONFIRMING
ISSUANCE OF A CATEGORICAL EXEMPTION RELATED TO A TWELVE-MONTH
TIME EXTENSION OF AN ENTITLEMENT GRANTED VIA CULTURAL HERITAGE
COMMISSION RESOLUTION NO. 22-07-26-01. THE PROJECT APPROVAL ALLOWS
FOR CONSTRUCTION OF A 1,152 SQ. FT. ACCESSORY STRUCTURE, DESIGNED
AS A BARN AND CONSISTING OF A GUEST HOUSE WITH AN ATTACHED
WORKSHOP, AND A 431 SQ. FT. ADDITION TO THE LOVE HOUSE ON PROPERTY
LOCATED AT 31661 LOS RIOS STREET (APN 121-142-11) WITHIN THE LOS RIOS
HISTORIC DISTRICT AS LISTED ON THE CITY'S INVENTORY OF HISTORIC &
CULTURAL LANDMARKS (IHCL) AND NATIONAL REGISTER OF HISTORIC
PLACES (NRHP). ADDITIONALLY, THE REMOVAL OF 702 SQUARE FEET OF
LATTICE AND IMPERVIOUS CONCRETE SLAB THAT IS ATTACHED TO THE
ENTIRE NORTH SIDE OF THE LABAT HOUSE IS TO BE REPLACED WITH
GARDENS. (APPLICANT: JOHN TAYLOR)
Whereas, John Taylor, 31661 Los Rios Street, San Juan Capistrano, CA
92675, has requested a twelve-month extension for the approval of the proposed project,
which allows for construction of a 1,152 sq. ft. accessory structure, designed as a barn
and consisting of a guest house with an attached workshop, and a 431 sq. ft. addition to
the Love House on property located at 31661 Los Rios Street (APN 121-142-11) within
the Los Rios Historic District as listed on the City's Inventory of Historic & Cultural
Landmarks (IHCL) and National Register of Historic Places (NRHP). Additionally, the
removal of 702 square feet of lattice and impervious concrete slab that is attached to the
entire north side of the Labat House is proposed to be replaced with gardens.; and,
Whereas, the Property, generally located on the northwest corner of Ramos
Street and Los Rios Street, has a General Plan Land Use Designation of Specific
Plan/Precise Plan and Zoning designation of Specific Plan/Precise Plan, specifically
regulated by the Los Rios Specific Plan (SP 78-01 ); and,
Whereas, John and Marianne Taylor are the owners of real property located
at 31661 Los Rios Street (APN 121-142-11); and,
Whereas, the proposed project at the Residence has been processed
pursuant to Section 9-2.301, Development Review of the Land Use Code; and,
Whereas, the property is located within the Los Rios Historic District as
listed on the City's IHCL and NRHP; and
Whereas, the Historical & Cultural Landmark Site Plan Review approval for
this project would otherwise expire on August 11, 2023, if not extended by the Zoning
ZA Resolution 23-08-30-01 2 August 30, 2023
Administrator who is authorized by the Title 9, Land Use Code to extend such entitlements
for twelve months from the original approval pursuant to Municipal Code Section 9-
2.327( d); and,
Whereas, a Setback Minor Exception was approved by the Development Services
Director, via ZV22-004, on July 27, 2022. In accordance with Section 9-2.351 (h) of the
Municipal Code, a Minor Exception that has been approved in conjunction with another
discretionary approval on the same property for the same development project, shall have
the same time period for approval as the other application(s), including any time extension
thereof. As a result, a 12-month time extension of SPR 22-005 would extend the approval
of the Minor Exception for the same time period; and,
Whereas, the Zoning Administrator of the City of San Juan Capistrano is
granted the authority to approve time extensions pursuant to Municipal Code Section 9-
1.111 ( d)(2); and,
Whereas, the City's Cultural Heritage Commission (CHC), via adoption of
CHC Resolution No. 22-07-26-01, determined that the whole of the project is categorically
exempt from further review per State CEQA Guidelines, Section 15303, Class 3, New
Construction or Conversion of Small Structures, which exempts construction and location
of limited numbers of new, small facilities or structures, including but not limited to a single
family home and accessory structure; this Project involves the construction a 1,152 sq. ft.
accessory structure, designed as a barn and consisting of a guest house with an attached
workshop, and a 431 sq. ft. addition to an existing 953 sq. ft. residential structure. Further,
none of the exceptions to the exemption apply. Specifically, the Project would not cause
a substantial adverse change in the significance of a historical resource. Although the
Project involves improvements to the Labat House and Love House in the Los Rios
Historic District, those structures are not listed individually as historic structures. The
Project is architecturally compatible with existing historically significant structures and is
designed in conformance with the Secretary of Interior standards. In the alternative, the
CHC determined that the whole of the Project is categorically exempt from further review
per State CEQA Guidelines, Section 15331, Class 31, Historical Resource
Restoration/Rehabilitation, which exempts projects limited to maintenance, repair,
stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of
historical resources in a manner consistent with the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer; the Project
involves the rehabilitation of historic resources that is consistent with the Secretary of the
Interior's Standard's for the Treatment of Historic Properties. Moreover, none of the
exceptions in State CEQA Guidelines, section 15300.2 applies. Consequently, staff finds
that no additional environmental analysis is necessary to meet the requirements of the
CEQA.The project remains unchanged since it was approved, therefore, the Class 3 and
Class 31 Categorical Exemptions still apply to the extension of time request; and,
Whereas, the Zoning Administrator has considered the Environmental
Administrator's determination pursuant to Section 1507 4 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
ZA Resolution 23-08-30-01 3 August 30, 2023
Whereas, the Zoning Administrator conducted a public meeting on August
30, 2023, pursuant to Title 9, Land Use Code, Section 9-2.302 to consider public
testimony on the proposed project and has considered all relevant public comments and
all documents and evidence submitted, including but not limited to the staff report and
attachments, and materials submitted by the applicant; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano does hereby make the following finding
as established by Subsection (d) of Section 9-2.327, Historical & Cultural Landmark Site
Plan Review of Title 9, Land Use Code of the City of San Juan Capistrano:
1 . No substantial changes have been made to the approved plan and that all the
original findings and conditions of approval are determined to remain valid.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Zoning
Administrator of the City of San Juan Capistrano grants a 12-month time extension of
approval granted via Cultural Heritage Commission Resolution 22-07-26-01, subject to
those conditions of approval established by Exhibit A of said Resolution.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:30 pm, Thursday, September
14, 2023. This project approval shall be valid for a period of 12 months from the expiration
date of CHC Resolution No. 22-07-26-01, and shall expire on August 11, 2024, unless
construction or use of property authorized under the approval has commenced.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 30th day of August, 2023.
CharteView~ir,gAdministrator
f?0A . ~
Paul Garcia, Principal Planner/Secretary