Resolution Number 00-1-4-5091
RESOLUTION NO. 00-1-4-5
DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION -
SITE PLAN REVIEW 98-01 (WOODWORKING SHOP/APPLEROSE COTTAGE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF A REQUEST TO USE AN EXISTING,
WOODFRAME ACCESSORY BUILDING FOR "WOODWORKING SHOP"
PURPOSES ON PROPERTY LOCATED AT 31600 LOS RIOS STREET
AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL
NUMBER 121-142-13 (MCKINLEY HOUSE/APPLE ROSE COTTAGE).
WHEREAS, Dona Helmick and Denise Miner, 31600 Los Rios Street, San
Juan Capistrano, CA 92675, have appealed the Planning Commission's October 12, 1999
action on their request for approval of modifications to the previously approved site plan
review application and more specifically, have requested that the City Council revise
Planning Commission condition #3 to allow the "woodworking shop" use to be conducted
within the existing woodframe accessory building in the southwest corner of the lot; and,
WHEREAS, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and has
issued a categorical exemption and caused a Notice of Exemption to be posted pursuant
to the City's Environmental Review Guidelines, and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 15074 of the California
Environmental Quality Act (CEQA), and conducted a duly noticed public meeting on May
25, 1999 pursuant to City Council policy to consider public testimony on the proposed
project; and,
WHEREAS, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), and conducted a duly noticed public meeting on July 13, 1999
pursuant to City Council policy to consider public testimony on the proposed project, and
took final action on October 12, 1999.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings:
The proposed request to allow the "woodworking shop" use to be conducted within
the existing woodframe accessory building in the southwest corner of the lot is
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inconsistent with the policies and objectives of the San Juan Capistrano General
Plan, and the purpose and intent of the Los Rios Specific Plan because the
proposed use is substantially inconsistent with the character of the Los Rios
Specific Plan (LRSP) District; and,
2. The proposed request to allow the "woodworking shop" use to be conducted within
the existing woodframe accessory building in the southwest corner of the lot is
inconsistent with the provisions of the "Historic Residential" ("HR") District which
seek to maintain the residential character while allowing residentially -compatible
land uses in the District and the proposed use would result in noise impacts to
adjoining properties; and,
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby denies the appeal and upholds the Planning Commission's action, in
particular, the provisions of condition #3 of their October 12, 1999 resolution on this
project.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 4th day of January, 2000.
CI CLERK f'-
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093
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 4th day of January, 2000, by the following vote:
AYES: Council Members Greiner and Swerdlin
NOES: Mayor Campbell
ABSTAIN: Council Member Jones
ABSENT: Council Member Hart
(SEAL)
CHERYL JOH ON ITY CLERK
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