Resolution Number 04-08-17-04RESOLUTION NO. 04-08-17-0 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
AND AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) (RZ 04-02)
TO ALLOW RELOCATION OF A HISTORIC RESIDENCE FOR PUBLIC
MUSEUM USE ONLY.
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 historic 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; and,
WHEREAS, the Planning Commission conducted a noticed public meeting on
Tuesday, July 27, 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 RESOLVED, that the City Council 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 City Council hereby finds that based on the Initial Study, the public hearing, and
substantial evidence in the record, the Specific Plan Amendment will not have a
significant effect on the environment. The Negative Declaration prepared in
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connection with the application has been reviewed and considered and reflects the
independent judgment of the City Council, 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 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 City Council hereby
adopts the Negative Declaration and approves the Specific Plan Amendment to the Los
Rios Specific Plan to amend the language of said document as set forth on Exhibit A.
Exhibit A of this resolution is expressly incorporated by reference as if set out in full.
PASSED, APPROVED, AN"DOPTED 0isJ17` day of August 2004.
JOE W!"O. MAYOR
ATTEST:
MARGARET R. MONA'ANI, CITY CLERK
08-18-2004
Exhibit A
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 district except as set
forth in Section 3.c.5 of this plan.
Section 3.b.5 (f) (10) 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 District, 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:
a. Structures relocated to or from the Los Rios Specific Plan District, outside the
NRHD, will comply with the following standards:
i. a-. 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 (INCL).
ii. b-. 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. 4a7 Structures must comply with all development standards of the zone
district related to setbacks, building height, building coverage, and
open area.
b. Structures shall only be allowed to be relocated to the Historic Residential
(HR) Zone and the National Register Historic District for public/museum
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ourposes related to the history of the San Juan Capistrano area and must
comply with the following:
i. Relocated structures to the HR Zone must be historically and/or
architecturally significant as evidenced by listing on a local, regional,
state or national inventory.
ii. Relocated structures must meet applicable setbacks, open space,
landscaping, 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 complying with other required
building 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 anv certificate of occupancv 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, subject to review and approval by the Cultural Heritage
Commission.
vii. Any such applications shall comply with the Los Rios Specific Plan,
Title 9 and any other applicable requirements.
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08-17-2004