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CHC Resolution-02-10-22-01L J 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, - 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. L 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 C:Wy Documents\WordPerfect Documents\Advance~PIanning\Rz0206RamosHou~~020~CHC-res02-10-22-1 .wpd