Resolution Number 94-1-18-2RESOLUTION NO. 94-1-18-2
' LOS RIOS PRECISE PLAN AMENDMENT 931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS PRECISE PLAN BY
REVISING PART FOUR, ADMINISTRATIVE PROCEDURES
WHEREAS, on February 15, 1978, the City of San Juan Capistrano adopted the Los Rios
Precise Plan, per Section 9-3.422 of the Municipal Code; and,
WHEREAS, the proposed amendment to the Los Rios Precise Plan has been processed and
reviewed in accordance with the California Environmental Quality Act. The Planning Director has issued a
Categorical Exemption, Class 4, which relates to regulations for new construction or conversion of small
structures; and,
WHEREAS, on December 14, 1993, the Planning Commission held a duly -advertised public
hearing to review the proposed amendment to the Los Rios Precise Plan, and forwarded it to the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby amend the Los Rios Precise Plan to include the changes shown on Exhibit A, attached
hereto and made a part hereof by reference, based on the following findings:
1. The proposed revision of Administrative procedures is necessary to comply with
provisions of the Fair Political Practices Commission to eliminate any potential conflict
of interest in the Development Review process.
2. The amendments to the Los Rios Precise Plan are in substantial conformance with
provisions of the previously adopted Precise Plan.
PASSED, APPROVED, AND ADOPTED this 18th day of January
1994.
ATTEST:
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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. 94-1-18-2
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held
on the 18th day of January , 1994, by the following vote:
AYES: Council Members Hausdorfer, Nash, and Mayor Campbell
NOES: None
ABSTAIN: Council Members Jones and Vasquez
ABSENT: None
CHERYL JOHNSON,
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I
ARTICLE 4.1
EXHIBIT A
DEVELOPMENT REVIEW
The following development review procedures have been established to regulate and guide the implementation
of the Los Rios Precise Plan.
Section 4.1.1. Development Review
a. Development Review Applicability - Any commercial site plan, tentative map, tentative parcel
map, residential development plan consisting of a new or relocated mut on a vacant lot,
secondary dwelling unit, conditional use permit, rehabilitation application or other development
application as identified through this Precise Plan is subject to the Development Review
Process.
b. Preliminary Review - An application for development approval shall be submitted to the
Planning Department in such a manner as the Department shall prescribe. Within five (5)
working days after its receipt, the Director of Planning shall cause the application to be
reviewed and a meeting scheduled with the applicant. At the time of the meeting, staff of the
Planning Department shall review the following with the applicant:
1. A preliminary analysis on the application's consistency with the provisions of the Los
Rios Precise Plan and any applicable provisions of the Municipal Code.
2. Direction to the applicant regarding the Development Review Process that the
application is to be considered.
' 3. Identification of which reviewing agencies shall be involved in the consideration of the
application (if applicable).
C. Review Procedures - Review procedures for specific applications shall be those applicable
provisions established by Title 9 of the Municipal Code except as otherwise provided herein.
d. Los Rios Review Committee - All development applications except as provided for herein as
an administrative approval by the Director of Planning shall be submitted to the Los Rios
Review Committee for review and comments. The Committee's review shall occur at the same
time that other advisory Commissions/Committees are considering the application. The
Committee's comments shall be forwarded to the Planning Commission prior to formal action
on the application.
e. Planning Commission - The Planning Commission in approving a development application shall
impose whatever conditions it deems necessary in order to provide the compatibility of the
proposed application with the goals, policies and objectives of the Los Rios Precise Plan.
Expiration of Application App or vats - Application approvals shall expire two (2) years after
approval or conditional approval by the Planning Commission or City Council (if applicable).
If no building permits or in the instance of a tentative map a final map has not been approved
for recordation, said approvals shall become null and void.
The Planning Commission may, upon application filed prior to the expiration date, grant a time
' extension for an approved development application for an additional 12 months. If the Planning
Commission denies the request for a time extension, the applicant may appeal to the City
Council in accordance with Section 9-2.314, Title 9 of the Municipal Code.
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g. Final Review - Review of working drawings prepared for plan check and permit issuance shall
be reviewed by the Planning Department and released for permits only upon a finding that the
building plans are consistent with approvals granted by the Planning Commission or City
Council whichever is applicable.
Section 4.1.2 Signs - Administrative Procedures
a. Permit Process - A sign permit shall be approved by the Director of Planning prior to the
placing, erecting, moving, reconstructing, altering, or displaying of the sign. The following
procedures shall be used in considering a sign application:
1. Sign Application - A sign application shall be made to the Planning Department and
shall contain the following information:
(a) Plans showing the height of the sign (whether building -mounted or free
standing), its overall dimensions, letter style, colors, materials and illumination
specifications (if applicable).
(b) Site plan indicating the location that the sign is to be placed. If a building -
mounted sign, the location is to be indicated on the building elevation.
2. Review of the Sign Application - The Director of Planning shall cause to be reviewed
all sign applications within five (5) working days of Sling a complete application. The
Director of Planning shall review the application and: (1) approve as submitted; (2)
approve with conditions; or, (3) deny the sign permit application. In reviewing the
application, the Director of Planning shall make the finding that the design of the sign
is consistent with the design standards of Part 3, Section 3 (Signs and Graphics) of this
Precise Plan.
3. Sin Permit Fees - The City Council, by Resolution, requires the payment of an
application fee for sign permits.
Section 4.1.3 Historic Building Code
Any person desiring to rehabilitate, preserve, restore, or relocate buildings or structures listed as "contributing"
to the National Register Los Rios Historic District or listed individually on the City's Inventory of Historic and
Cultural Landmarks may use the State Historic Building Code for said rehabilitation, preservation and
restoration.
Development applications for the relocation of buildings and structures within the National Register Los Rios
Historic District shall be submitted to the Los Rios Review Committee for review and comments and the
Cultural Heritage Commission for review and approval regarding site context and appropriateness. The
relocation site should comply with Secretary of the Interior's "Guidelines for Moving Historic Buildings" and the
State Historic Preservation Office's standards regarding impacts of the structure on the relocated site/adjacent
neighborhood and vice -versa.
Section 4.1.4 Administrative Approvals
a. Delegation of Authority - The following actions, not listed elsewhere in the Precise Plan, are
delegated to the Director of Planning for approval. At least ten (10) days prior to such
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approval, adjacent property owners and members of the Los Rios Review Committee shall be
' notified of a pending decision.
1. Minor modifications to plans previously approved as part of a Development
Application subject to Planning Commission confirmation of the Director's action.
2. Minor accessory uses and structures as defined by the Municipal Code.
b. Sy Council Authority - The City Council may, by Resolution, add to or delete items listed in
paragraph "a.", preceding.
Section 4.1.5 Amendment to Precise Plan
C. Submission of Petition - Only the City Council of San Juan Capistrano can initiate an
amendment to the Los Rios Precise Plan.
An owner of affected property, their designated agent, the Planning Commission, the Cultural
Heritage Commission or the Los Rios Review Committee may petition the City Council for an
amendment to the Los Rios Precise Plan.
d. Amendment Initiation - The City Council at a regularly scheduled meeting upon a finding of
special circumstances or submission of information that was not available at the time of the
adoption of the Los Rios Precise Plan may consider a petition and initiate an amendment to
the Precise Plan.
e. Submission of Information - After an amendment has been initiated, each petitioner shall
submit such additional information as requested by the Planning Department. The detail and
form of the information shall be as prescribed by the Planning Department and shall be of
sufficient detail to allow an adequate analysis on the merits of the request.
L Amendment Review Process - The following review procedures shall be followed in considering
an amendment to the Los Rios Precise Plan:
1. Environmental Determination - The Planning Department shall cause to be prepared
the necessary environmental documentation in accordance with Title 9, Chapter 2,
Article 2 of the Municipal Code.
2. Los Rios Review Committee - Subsequent to the environmental determination, the Los
Rios Review Committee is to consider the merits of the proposed amendment and
forward comments to the Planning Commission.
3. Cultural Heritaee Commission - If the proposed amendment would directly affect the
area of the Los Rios Historic District or building and properties identified on the
City's Inventory of Historic Places and Structures, the Cultural Heritage Commission
shall be required to consider the proposed amendment and forward recommendations
on its merits to the Planning Commission.
4. PlannjU Commission Review - Upon receipt of recommendations and comments from
the various City advisory bodies, including those listed in the preceding paragraphs (2
and 3), the Planning Commission shall at a duly -noticed Public Hearing consider the
amendment and forward its recommendations to the City Council.
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5. Council Action - Upon receipt of the Planning Commission recommendation, the City
Council upon conducting a duly -noticed Public Hearing shall take action to approve,
approve with modifications or deny the petition or any part of the petition.
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P,h.k A