Resolution Number 03-01-21-03RESOLUTION NO. 03-01-21-0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE
LOS RIOS SPECIFIC PLAN "HR" (HISTORIC RESIDENTIAL) ZONE
DISTRICT REGULATIONS (HUMPHREYSIRAMOS HOUSE CAFE)
WHEREAS, John Humphreys, 31752 Los Rios Street, has requested the City
adopt an amendment to the Los Rios Specific Plan "HR" (historic residential) Zone
District regulations to allow modifications to legal, non -conforming uses; and,
WHEREAS, On October 1, 2002, the Environmental Administrator has reviewed
the project pursuant to Section 15061 of the California Environmental Quality Act
(CEQA) and issued a Negative Declaration (ND) based on a determination that the
proposed project would not result in significant adverse environmental impacts in the
context of CEQA; and has otherwise complied with all applicable provisions of the
California Environmental Quality Act (CEQA); and,
WHEREAS, on October 22, 2002, the Cultural Heritage Commission conducted
a duly noticed public meeting to receive testimony on the proposed project and after
due consideration, recommended adoption of the amendment to the Los Rios Specific
Plan (LRSP) and recommended approval of the modification to Accessory Use Permit
96-01 subject to conditions; and,
WHEREAS, on November 26, 2002, the Planning Commission conducted a duly
noticed public hearing to receive testimony on the proposed project; and,
WHEREAS, on January 7 and 21, 2003, the City Council conducted duly noticed
public hearing to receive public testimony on the proposed project.
NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby find
as follows:
1. The proposed amendment to the Los Rios Specific Plan (LRSP) "HR" (historic
residential) Zone District regulations would be consistent with the purpose and
intent of the "HR" (historic residential) Zone District which is to "To maintain the
existing historic, residential character of Los Rios Street while allowing accessory,
pedestrian -oriented retail and service uses in conjunction with residential occupancy"
because the proposed intensification of commercial use during the evening hours
can be effectively managed through conditions of approval associated with the
Accessory Use Permit.
2. The proposed amendment to the Los Rios Specific Plan (LRSP) "HR" (historic
residential) Zone District regulations would be consistent with the Land Use
Goals of the Los Rios Specific Plan which state that the City will 'limit commercial
development to a scale which preserves the residential character of the District"
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and "create land use and development standards which protect residential districts
from commercial development through restrictions on the type of use, the scale of
use, proximity of commercial use to residential districts, and operating hours"
(emphasis added) because conditions of approval established through the
Accessory Use Permit would appropriately limit the extent of the commercial use
thereby maintaining the "HR" (historic residential) Zone District's predominant
residential character during the evenings.
BE IT FURTHER RESOLVED, that the City Council hereby approves a Negative
Declaration, and hereby amends the Los Rios Specific Plan, Section 3.B.5., "HR"
(historic residential) Zone District provisions to add new subsection (e) as follows:
Legal non -conforming uses: Such uses shall comply with the
provisions of Title 9, Article 3, Nonconforming Uses, Lots, and
Structures, provided however, that any extension of restricted
operating hours of a legal, non -conforming use shall be permitted
subject to review and approval by the City Council.
PASSED, APPROVED, AND ADOPTED, this 21St da of January 2003.
JN S. AYOR
ATTEST:
—�!AlOf�� V�
MONAHAN, CITY CLERK
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 Resolution No. 03-01-21-03 was duly adopted by the City Council of the
City of San Juan Capistrano at a regular meeting thereof, held the 21" day of January 2003, by the
following vote:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto, and Mayor Gelff
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL EMBERS: None
12, �--
MARq,ARET R. MONAHAN, City Clerk
01-21-03