Resolution Number 95-8-15-3594
RESOLUTION NO. 95-8-15-3
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 (ROMERO
RESIDENCE) LOCATED AT 31911 LOS RIOS STREET FROM THE HISTORIC
RESIDENTIAL (HR) DISTRICT RESIDENTIAL OCCUPANCY REQUIREMENT
(OLIVARES/ROMERO/DECORATIVE ARTS STUDY CENTER)
WHEREAS, the applicants, Allen F. Olivares and Teeter Romero, 1611 E. 52nd
Street, Long Beach, CA 90805, Decorative Arts Study Center, 31431 Camino Capistrano, San Juan
Capistrano, CA, 92675, submitted a development application requesting exemptions from the Historic
Residential (HR) District residential occupancy requirement for properties located at 31911 Los Rios
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.
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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 exemptions for the Romero Residence from the HR District residential
occupancy requirement to permit the Decorative Arts Study Center 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 structure while at the same time allowing a use 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 the Decorative Arts Study Center is similar in nature
to existing museums and offices existing in the area, proposes limited use and minimal hours of
operation, and will schedule "events" to be off-site.
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:
The property located at 31911 Los Rios Street shall be exempt from the residential
occupancy requirement for the purpose of housing the Decorative Arts Study Center
administrative office and library. At such time that the organization discontinues the use of
the property, the residential occupancy provision shall be re-applied to the property.
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:
1. The existing facilities necessary for a residential occupancy shall not be
removed.
2. Hours of operation for the public shall be limited to between 10:00 a.m. to
3:00 p.m. Monday thru Friday. Board meetings and administrative functions and duties may be
conducted outside these time restrictions.
3. Use of the library shall be by appointment only.
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4. Conducting of lectures, seminars, workshops, fund raising activities shall be
' prohibited at this site.
5. Two parking spaces shall be designated on-site for administrative personnel
only. Parking for board meetings shall be restricted to Los Rios Street located 60 feet southerly of
the property which has full width improvements and on -street parking available.
6. One sign shall be permitted for the use which is consistent with the sign
standards using a sandblasted wood design.
7. Landscape plans shall be reviewed and approved by the Planting Director upon
consultation with the Los Rios Review Committee.
ATTEST:
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PASSED, APPROVED, AND ADOPTED this 15 day of , 1995.
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CAROLYN N SH, MAYOR
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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. 95-8-15-3,
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 Jones, Hart, Campbell and Swerdlin
NOES: Mayor Nash
ABSENT: None
(SEAL)
CHERYL JO S , CITY CLERK
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