Resolution Number 95-8-15-2f
RESOLUTION NO. 95-8-15-2
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AMENDMENT TO SECTION
2 OF THE LOS RIOS PRECISE PLAN TO EXEMPT PROPERTY (COMBS)
LOCATED AT 26711 VERDUGO STREET FROM THE HISTORIC
RESIDENTIAL DISTRICT RESIDENTIAL OCCUPANCY REQUIREMENT
(CROW/TOLER/PACIFIC INVESTMENT PROPERTIES)
WHEREAS, the applicants, Pacific Investment Properties, 1601 Dove Street, Suite
190, Newport Beach, CA, 92660, and Phyllis Crow and Sue Toler, 32244 Paseo Adelanto, #b, San
Juan Capistrano submitted a development application requesting exemptions from the Historic
Residential (HR) District residential occupancy requirement for properties located at 26711 Verdugo
Street; and,
WHEREAS, on March 21, 1995 the City Council approved amendments to Sections
2 and 3 of the Los Rios Precise Plan to clarify the structures in the HR District which may be used
solely for public and cultural uses, and specify that if a residential structure is demolished by fire or
any other unforeseen act, that that structure must be rebuilt as a residence; and,
' WHEREAS, the project has been reviewed and considered by the Environmental
Administrator who issued a categorical exemption, class 5, under the California Environmental
Quality Act and that class 5 applies to minor modifications in land use limitations; and,
WHEREAS, the Cultural Heritage Commission reviewed the project on July 25, 1995
and moved to recommend that the Planning Commission recommend denial of the request for an
exemption from the residential occupancy requirement via the adoption of an amendment to Section
2 of the Los Rios Precise Plan; and,
WHEREAS, the Los Rios Review Committee reviewed the project on July 27, 1995
and provided comments to staff on their belief that the proposed exemption was inappropriate for the
area, and,
WHEREAS, the Planning Commission held a duly noticed public hearing and
reviewed the project on August 8, 1995 and recommended that the City Council approve the
proposed exemption and adopt the amendment to Section 2 of the Los Rios Precise Plan, subject to
recommended conditions contained in this resolution; and,
WHEREAS, a public hearing notice was posted on the site and all property owners
situated within 300' of the two sites received public hearing notices in the mail.
M
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby determine that the proposed amendment to Section 2 of the Los Rios
Precise Plan may grant an exemption for the Combs Residence from the HR District residential
occupancy requirement to permit the retail business occupancy subject to the following findings:
1. Consistency with the intent of the Los Rios Precise Plan - The Precise Plan
(Land Use) states one of its objectives is to,"permit a diversity of land uses that balance physical,
social, and economic factors... and create new economic opportunities that enhance and support the
historic semi -rural nature of the area" and that, "the purpose and intent of the HR district is to
maintain residential occupancy and provide for pedestrian -oriented retail commercial and service uses
in conjunction with residential occupancy in the dwellings along Los Rios" and that, "the HR district
objectives are to preserve the character of the historic district and prevent demolition or deterioration
of original structures." Therefore the project, which results in preservation and occupancy of the
structure, is consistent with the intent of the Los Rios Precise Plan in that it both allows the long-term
rehabilitation of the two sites/structures while at the same time allowing diverse uses to occupy the
area which will benefit the community; and,
2. Compatibility with the surrounding properties - The proposed use will
be compatible with the surrounding area because Moonrose is a tourist- and pedestrian -oriented
specialty store with hours of operation from approximately 10 am to 6 pm, and that its location in the
Combs House will not adversely impact the residents of the Los Rios area because of the close
proximity to the railway and depot platform.
3. Unique location of structure - The location of the Combs Residence is
situated in a unique orientation on Los Rios Street (unlike all other residences on Los Rios Street)
in that its front elevation is not oriented to Los Rios Street, faces the Verdugo Street commercial
area, fronts the Historic District pedestrian entry plaza, and lies adjacent to a depot
platform/commuter waiting area.
4. Lack of Privacy - The structure is open on three sides (facing the entry plaza,
railroad, and Los Rios Street) to public areas and therefore does not provide privacy like other
residences.
5. Public Entry Plaza - Unlike any other property in the Los Rios District, there
is a public entry plaza to the Historic District which leads to the front porch of the Combs House.
This is the only building that is directly impacted by the public assembly area.
6. Proximity to Railroad - The house is situated a minimum of 25 feet from
centerline of the railroad and commuter platform area creating an environment not conducive to a
residential occupancy due to the number and type of trains during any 24-hour period.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve the amendment to Section 2 of the Los Rios Precise Plan so that it
includes the following language:
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rooerty located at 26711 VerduQo Street (also known as the Combs esidence) shall be
exempt from
the residential occupancy requirement for the 2ur op ses of
housing
a retail
'
business limited to tourist -oriented uses, such as antiques, curios, gifts. novelties,
jewelry.
candles, etc.
athe business changes hands the new owner shall apply to
the Q
Council
for an exemption.
Permanent improvements necessary for a residential occupancy
shall not
be removed.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby approve the amendment to Section 2 of the Los Rios Precise Plan subject to
the following conditions:
Existing facilities necessary for residential occupancy shall not be removed.
2. Arrangement for employee parking shall be made for an off-site location not
located along Los Rios Street.
The commercial retail area shall be restricted to the existing building square
footage.
4. Regular hours of operation (from January 1 to November 15 of each calendar
year) open to the public shall be limited from 10:00 a.m. to 6:00 p.m. Holiday hours of operation
(from November 16 to December 31 of each calendar year) open to the public shall be allowed from
' 9:00 a.m. to 9:00 p.m.).
5. Signage for the retail use shall be limited to two facades facing the railroad
platform and Verdugo Street. Said signage to be consistent with the design regulations of the Los
Rios Precise Plan and shall be low-key, in scale with the building and using compatible materials and
colors.
6. Interior modifications shall be done in accordance with previously -approved
and "permitted" plans.
UPS deliveries shall be allowed to occur on Los Rios Street.
PASSED, APPROVED, AND ADOPTED this 15th day of August , 1995.
ATTEST:
L& 4,e �--
CITY CLE
CAROLYN NNSH, MAYOR
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590
591
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. 95-8-15-2,
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting
thereof held on the 15th day of August, 1995, by the following vote:
AYES: Council Members Hart, Campbell and Swerdlin
NOES: Mayor Nash
ABSTAIN: Council Member Jones
ABSENT: None
(SEAL)
CHERYL JOH61SOVITY CLERK
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