Resolution Number 13-07-16-03RESOLUTION NO. 13-07-16-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA DENYING AN AMENDMENT TO THE "HR"
ZONE DISTRICT THAT WOULD ESTABLISH "EATING AND DRINKING
ESTABLISHMENTS" AS A CONDITIONAL USE IN THE "HR" (HISTORIC
RESIDENTIAL) ZONE DISTRICT (ASSESSORS PARCEL NUMBER: 121-141-
24)(LUPE COMBS HOUSE -HUMMINGBIRD HOUSE CAFE)
WHEREAS, Monica Mukai, the applicant and property owner has requested
approval of an amendment to the Los Rios Specific Plan's "HR" (Historic Residential) Zone
District provisions to establish "eating and drinking establishments" as a conditional use;
and,
WHEREAS, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
WHEREAS, the Environmental Administrator has reviewed the initial study
prepared pursuant to Section 15063 and 15064 of the CEQA Guidelines, has issued a
Mitigated Negative Declaration (MND) pursuant to Section 15070 of those guidelines; has
caused a Notice of Negative Declaration to be posted pursuant to Section 15072 of those
guidelines, and has otherwise complied with all applicable provisions of the California
Environmental Quality Act (1970); and,
WHEREAS, the Cultural Heritage Commission and Planning Commission
have considered the Environmental Administrator's determination pursuant to Section
15074 of the California Environmental Quality Act (CEQA), have considered all project
environmental documentation and technical studies; and,
WHEREAS, the Cultural Heritage Commission conducted a duly -noticed
public meeting on August 28, 2012, pursuant to the provisions of Title 9, Land Use Code,
Section 9-2.302, Public Meeting Procedures to consider public testimony on the proposed
project and recommended denial of an amendment to the "HR" District to establish "eating
and drinking establishments" as an allowable use based on findings that such provisions
would further diminish the residential character of the District; and,
WHEREAS, the Planning Commission conducted a duly -noticed public
meeting on September 11, 2012, pursuant to the provisions of Title 9, Land Use Code,
Section 9-2.302, Public Meeting Procedures to consider public testimony on the proposed
project and recommended denial of an amendment to the "HR" District to establish "eating
and drinking establishments" as an allowable use based on findings that such provisions
would further diminish the residential character of the District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council has previously
made the following findings with respect to the California Environmental Quality Act
(CEQA):
7/16/2013
"11. The City Council finds that, based on the evidence presented and the whole public
record, including the Mitigated Negative Declaration (MND) and any comments
received, there is no substantial evidence that the proposed project, as mitigated,
will have a significant effect on the environment; and,
2. The City Council further finds that the Initial Study and the Mitigated Negative
Declaration (MND) reflect the City's independent judgment and analysis; and,
3. The public record of proceedings on the California Environmental Quality Act
(CEQA) review process is on file at City Hall for the City of San Juan Capistrano,
located at 32440 Paseo Adelanto, San Juan Capistrano, California and the
custodian of records in this matter is the Development Services Department.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
hereby makes the following findings:
The proposed amendment is inconsistent with the policies and objectives of Los
Rios Specific Plan because the stated purpose and intent of the "HR" (Historic
Residential) Zone District is to establish and maintain the residential character of the
Los Rios National Register Historic District consistent with the fact that the District
may be the oldest and longest, continually inhabited residential neighborhood in the
State of California and the proposed amendment could result in a development
pattern which further deteriorates the residential character; and,
2. The proposed amendment is inconsistent with the purpose and intent of the "HR"
(Historic Residential) Zone District because land use characteristics associated with
the sale of alcoholic beverages would have the potential to adversely affect nearby
residential uses; and,
3. The proposed amendment is inconsistent with the purpose and intent of the "HR"
(Historic Residential) Zone District because it could potentially lead to a
concentration and over -abundance of "eating and drinking establishments" serving
alcoholic beverages within the District and within the vicinity of the District.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
denies an amendment to the Los Rios Specific Plan that would establish "eating and
drinking establishments" as a conditional use in the "HR" (Historic Residential) Zone
District.
2 7/16/2013
PASSED, APPROVED AND ADOPTED this 16th day of July 2013:
STATE OF CALIFORNIA }
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, appointed City Clerk of the City of Sart Juan Capistrano, do hereby
certify that the foregoing Resolution No. 13-07-16-03 was duly adopted by the Cit
X
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 16t
day of July 2013,.by the following vote:
AYES: COUNCIL MEMBERS: Byrnes, Kramer, Reeve and Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSE UNCIL MEMBER: Mayor Taylor
MAFIA I RIS,
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3 7/1612013
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