Resolution Number 95-3-21-7195
' RESOLUTION NO. 95-3-21-7
AMENDMENTS TO SECTIONS 2 AND 3 OF THE LOS RIOS PRECISE PLAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AMENDMENTS TO
SECTIONS 2 AND 3 OF THE LOS RIOS PRECISE PLAN TO CLARIFY THE
STRUCTURES IN THE HISTORIC RESIDENTIAL DISTRICT WHICH MAY BE
USED SOLELY FOR PUBLIC AND CULTURAL USES, AND TO SPECIFY
THAT IF A RESIDENTIAL STRUCTURE IS DEMOLISHED BY FIRE OR ANY
OTHER UNFORESEEN ACT, THAT STRUCTURE MUST BE REBUILT AS A
RESIDENCE
WHEREAS, by Resolution No. 94-2-15-5, the City Council initiated consideration
of an amendment to the Los Rios Precise Plan on February 15, 1994 to respond to concerns of
residents of the los Rios Precise Plan Area; and,
WHEREAS, the Planning Commission reviewed the proposed amendments on
May 10, 1994, and continued the public hearing and directed staff to hold a public workshop with
the residents of the Historic Residential District in order to determine their concerns with the
language in the Precise Plan regarding the Historic Residential District; and,
' WHEREAS, a public workshop was held on August 11, 1994, for all of the residents
of the Los Rios Historic District in order to determine their concerns regarding the language of the
Precise Plan in regards to the Historic Residential District; and,
WHEREAS, the Planning Commission continued the February 28, 1995 public
hearing to March 14, 1995, and on that date adopted a resolution recommending that the City
Council approve the proposed amendments to Sections 2 and 3 of the Los Rios Precise Plan, and,
WHEREAS, this project has been processed and reviewed in accordance with the
California Environmental Quality Act (1970) and the Planning Director has determined that the
project is categorically exempt under Class 5, minor alternations in land use limitations.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby find and determine that the proposed amendments to Sections 2 and 3
of the Los Rios Precise Plan clarifying the structures in the Historic Residential District which may
be used solely for public and cultural uses, and specifying that if a residential structure is demolished
by fire or any other unforeseen act, that structure must be rebuilt as a residence, is consistent with the
intent of the Los Rios Precise Plan and the City's General Plan, both of which state the importance
of the preservation of this unique historic neighborhood.
' BE IT FURTHER RESOLVED, that the City Council does hereby approve the
amendments to the Los Rios Precise Plan (Historic Residential District) as follows:
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Section 2 (Historic Residential) of the Los Rios Precise Plan is hereby amended
to read as follows:
"The Historic Residential District requires that a structure be used primarily as a
dwelling and allows conditional cottage -commercial and public and cultural uses to
accompany the residential use. The following structures are the only ones which may
be used solely for public and cultural uses and which, as such, are exempt from being
used primarily as a residence: The Pryor House (ONeil Museum) and the Montanez
Adobe."
2. Section 3 (Historic Residential 132) of the Precise Plan is hereby amended to
read as follows:
"Restricted public and cultural uses such as museums, galleries, civic organization or
historical society offices, historic educational facilities, tourist information, etc. Not
permitted are government offices, public utility offices, public or private schools,
police stations, fire stations and hospitals.
"The only structures which may be used solely for public and/or cultural uses, and
which are exempt from the owner -occupied primary residential use requirement are
as follows: The Pryor House (ONeil Museum) and the Montanez Adobe. All other
structures in the Historic Residential District must be primarily residential with the —
cottage commercial uses being operated by the resident of the structure. Only
residents of the structures are permitted to operate cottage commercial uses from the
structures in the Historic Residential District.
"Should a structure in the Historic Residential District be demolished by fire or any
other unforeseen act, that structure must be rebuilt as a residence and not as a
commercial structure."
PASSED, APPROVED, AND ADOPTED this 21st day of March, 1995.
CAROLYN NASH, MAYOR
ATTEST:
a /�, A�� .
CITY CLE
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' 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.
95-3-21-7 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 21st day of March 1995, by the
following vote:
AYES: Council Members Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: Council Member Jones
(SEAL) }
CHERYL JOHN N, OfTY CLERK
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