CHC Resolution-02-10-22-01L
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CHC RESOLUTION 02-1 0-22-1
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING APPROVAL OF
A NEGATIVE DECLARATION AND RECOMMENDING DENIAL OF AN
AMENDMENT TO THE LOS RlOS SPECIFIC PLAN “HR” (HISTORIC
RESIDENTIAL) ZONE DISTRICT REGULATIONS AND MODIFICATION TO
ACCESSORY USE PERMIT9641 FOR 31752 LOS RlOS STREET, LOCATED IN
THE HISTORIC RESIDENTIAL DISTRICT OF THE COS RlOS PRECISE PLAN
(HUMPHREY SlRAMOS HOUSE CAFE)
WHEREAS, John Humphreys, 31 752 Los Rios Street, has requested the City
adopt amendments to the Los Rios Specific Plan to allow modifications to legal, non-
conforming uses and has requested that the conditions of approval for the Accessory Use
Permit be amended to allow the “sale of alcoholic beverages in conjunction with food
service” until 3:30 pm (Sundays-Thursdays) and until 10:30 pm on Fridays and Saturdays
located at 31752 Los Rios Street in accordance with the provisions of the Historic
Residential District of the Los Rios Precise Plan; and,
WHERE AS, the Environmental Ad mi n istrator has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued
a Negative Declaration (ND) based on a determination that the proposed project would not
result in significant adverse environmental impacts in the context of CEQA; and has
othewvise complied with all applicable provisions of the California Environmental Quality
Act (CEQA) ; and,
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WHEREAS, on October 22, 2002, the Cultural Heritage Commission
conducted a duly noticed public meeting to receive testimony on the proposed project.
NOW, THEREFORE BE IT RESOLVED, that the Cultural Heritage
Commission does hereby find as follows:
1. The proposed project would be consistent with the purpose and intent of the “HR”
(historic residential) Zone District which is to “To maintain the existing historic,
residential character of Los Rios Street while allowing accessory, pedestrian-oriented retail
and service uses in conjunction with residential occupancy” because the proposed
intensification of commercial use during the evening hours is limited to Friday and
Saturday evenings.
2. The proposed project would be consistent with the Land Use Goals of the Los Rios
Specific Plan which state that the City will “limit commercial development to a scale
which preserves the residential character of the District” and “create land use and
development standards which protect residential districts from commercial
development through restrictions on the type of use, the scale of use, proximity of
CHC Resolution 02-1 0-22-1 2 October 22,2002
commercial use to residential districts, and operating hours” because the proposed
project expansion of the commercial use, specifically sale of alcoholic beverages
into the evening hours, will not adversely impact the predominant residential
character of the neighborhood.
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BE IT FURTHER RESOLVEDl that the Cultural Heritage Commission
hereby recommends approval of a Negative Declaration and furthermore, recommends
City Council approval of the proposed project.
PASSED, APPROVED, AND ADOPTED, this 22rd day of October, 2002, by
the following vote to wit:
AYES: Chairman Jess Ann Andrews, Tony Forster, Lorie Porter, and
Don Tryon
NOES: David Belardes and Janet Siege1
ABSENT: none
ABSTAIN: none
JJss Ann Andrews, Chairman
mlliam Ramsey, AICP, Princip
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