PC Resolution-12-09-11-01PC RESOLUTION NO. 12-09-11-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED
NEGATIVE DECLARATION (MND), RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE "HR" (HISTORIC RESIDENTIAL) ZONE DISTRICT
ESTABLISHING AN EXEMPTION TO THE "RESIDENTIAL OCCUPANCY
REQUIREMENT," RECOMMENDING APPROVAL OF AN ADDITION TO AN EXISTING
ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 31766 LOS RIOS STREET
AND 26711 VERDUGO STREET, AND RECOMMENDING DENIAL OF AN AMENDMENT
TO THE "HR" ZONE DISTRICT THAT WOULD ESTABLISH "EATING & DRINKING
ESTABLISHMENTS" AS A PERMITTED USE (ASSESSORS PARCEL NUMBER: 121-
141-24)(LUPE COMBS HOUSE -HUMMINGBIRD HOUSE CAFE)(REZONE 12-03, SITE
PLAN REVIEW 12-02)
Whereas, Monica Mukai, the applicant and property owner, requests City
approval of an amendment to the Los Rios Specific Plan "HR" (Historic Residential)
provisions to establish an exemption to the "residential occupancy requirement" without
restrictions on outdoor commercial activity for the subject property, an amendment to the
"HR" District to establish "eating and drinking establishments" as a permitted use, and a
request for approval of a building addition to the accessory structure on the property for
property located at 31766 Los Rios Street and 26711 Verdugo Street in the Los Rios
National Register Historic District; 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
negative declaration 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 all mitigation measures have been included herein; and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public hearing
on September 11, 2012 pursuant to the provisions of Title 9, Land Use Code, Section 9-
2.302, Public Meeting Procedures and Administrative Policy 409 to consider public
testimony on the proposed project and has considered all relevant public comment.
PC Resolution 12-09-11-01 2 September 11, 2012
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does
hereby make the following findings with respect to the California Environmental Quality Act
(CEQA):
Whereas, the Commission 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,
Whereas, the Commission further finds that the Initial Study and the Mitigated
Negative Declaration (MND) reflect the City's independent judgment and analysis; and,
Whereas, 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 32400 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 Planning
Commission does hereby make the following findings:
The proposed amendment to the "Residential Occupancy Requirement" of the "HR"
(Historic Residential) Zone District is consistent with the policies and objectives of
Los Rios Specific Plan because the Lupe Combs House is the only one within the
Los Rios National Register Historic District that is addressed from Verdugo Street
and fronts the pedestrian plaza which serves as the entry from the downtown
commercial district into the Los Rios neighborhood and so, historically, has a
commercial orientation to the adjoining downtown; and,
2. The proposed amendment to the "Residential Occupancy Requirement" of the "HR"
(Historic Residential) Zone District is consistent with the policies and objectives of
Los Rios Specific Plan because the property directly adjoins one other property, the
Ramos House Cafe to the north; and,
3. The proposed amendment to the "Residential Occupancy Requirement" of the "HR"
(Historic Residential) Zone District is consistent with the policies and objectives of
Los Rios Specific Plan because City records indicate that in the recent past,
commercial use within the Combs House has not presented land use compatibility
issues to the District nor nearby residences with the exception of certain outdoor
commercial uses (retail clothing display).
4. The proposed amendment to the "HR" (Historic Residential) Zone District provisions
to add "eating and drinking Establishments" as a permitted use would be
inconsistent with the District's goal to preserve the residential character of the
neighborhood; and,
PC Resolution 12-09-11-01 3 September 11, 2012
5. The proposed building addition to the existing accessory structure located along Los
Rios Street is substantially consistent with the Los Rios Specific Plan design
guidelines with respect to location, size, massing and details.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby recommends approval of a
Mitigated Negative Declaration (MND) subject to those mitigation measures established by
Exhibit A, attached hereto and incorporated herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission hereby recommends denial of an amendment to the Los Rios Specific Plan
that would establish "eating and drinking establishments" as permitted use in the "HR"
(Historic Residential) Zone District; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission hereby recommends approval of an amendment to the Los Rios Specific Plan
to establish an exemption to the "Residential Occupancy Requirement" for the Lupe
Combs House property subject to all commercial activities closing by 5:00 p.m. daily; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission hereby recommends approval of a building addition to the existing accessory
structure subject to the conditions established by Exhibit B, attached hereto and
incorporated herein.
PASSED, APPROVED AND ADOPTED this 11 th day of September, 2012, by
the following vote, to wit:
William Ramsey, AICP, Assistar Development
Services Director
Commission Secretary f
EXHIBIT "A"
MITIGATION MONITORING & REPORTING PROGRAM (MMRP)
REZONE (RZ) 12-03, SITE PLAN REVIEW (SPR) 12-02
CITY OF SAN JUAN CAPISTRANO, CA
INTRODUCTION
The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting
Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The
purpose of the MMRP is to ensure that the proposed project complies with all applicable
environmental mitigation and permitting requirements. Mitigation measures for the project
have been adopted by the City's approving body in conjunction with either the certification
of a Final Environmental Impact Report (EIR) or the adoption of a Mitigated Negative
Declaration (MND). All adopted mitigation measures for the project are integrated into this
MMRP.
Within this document, approved mitigation measures are organized and referenced by
subject category (e.g. Aesthetics, Air Quality, Noise, Hydrology & Water Quality, etc.) and
include those for all topical areas evaluated in the Draft Environmental Impact Report
(DEIR) or the Mitigated Negative Declaration (MND) for the project. The mitigation
measures include information on the method and timing of verification and the
responsible party that will ensure that each measure is implemented.
Public Resources Code Section 21081.6 requires that the Lead Agency will monitor all
mitigation measures established by the approved environmental determination so as to
ensure that implementation occurs and associated impacts are mitigated. The City of
San Juan Capistrano is the designated lead agency for this Mitigation Monitoring &
Reporting Program and is responsible for the review of any monitoring reports,
enforcement actions, and document disposition.
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EXHIBIT B
RESOLUTION NO.: 12-09-11-01
CONDITIONS OF APPROVAL
PROJECT LOG #: Rezone (RZ) 12-03, Site Plan Review (SPR) 12-02
PROJECT NAME: Lupe Combs House -Hummingbird House Cafe
These conditions of approval apply to the above -referenced project application
described in more detail below. For the purpose of these conditions, the'term "applicant"
shall also mean the developer, the owner or any successor(s) in interest to the terms of
this approval.
General Conditions:
The subject project proposes an amendment to the Los Rios Specific Plan "HR"
(Historic Residential) provisions to establish an exemption to the "Residential
Occupancy Requirement" without restrictions and establish "Eating & Drinking
Establishments" as a permitted use in the "HR" District, and preliminary design plans
for a building addition to the accessory structure on property located at 31766 Los
Rios Street and 26711 Verdugo Street. This project approval is based on and subject
to the application site plan(s), building elevation(s), floor plan(s), preliminary
landscape plan(s), preliminary grading plan(s), tree removal plan(s), and any other
plans. These plans and the proposed use of the project site are hereby incorporated
by reference into this approval as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the affected city departments. Minor
modifications to this project approval may be approved by the Development Services
Director pursuant to Section 9-2.303, Administrative approvals of Title 9, Land Use
Code.
2. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Planning
Commission, or City Planner. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and the City shall cooperate fully in the
defense of the matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the defense of
the matter.
5. The applicant shall be responsible for informing all subcontractors, consultants,
PC Resolution #12-09-11-01 Conditions of Approval
RZ 12-03, SPR 12-02, Lupe Combs -Hummingbird Page 2 of 3
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
6. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and Building and Safety Division.
7. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions and the
plans or final revised plans that are approved for any subsequent phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
8. The use shall meet the standards and shall be developed within the limits established
by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes,
fumes, or any public nuisances arising or occurring incidental to the establishment or
operation.
9. The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
10. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
12. Commercial uses. All commercial uses of the property shall be operated subject to a
valid business license and consistent with the use provisions of the "HR" (Historic
Residential) Zone District and shall cease operation no later than 5:00 p.m. daily
(DSD)
13. Building Addition: Prior to approval of zoning compliance or building permit plans, the
applicant shall submit building permit plans substantially consistent with the approved
preliminary design plans, evidence that colors and materials will match the existing
accessory structure, and consistent with all applicable provisions of the California
Building Code (CBC) as determined by the Building and Code Enforcement Manager.
The following ongoing conditions shall be complied with at all times after completion of
the project.
5.1 Business License. The applicant, tenants, or successors in interest shall comply
with the City's business license requirements. (DSD)
5.2 Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
PC Resolution #12-09-11-01 Conditions of Approval
RZ 12-03, SPR 12-02, Luce Comps -Hummingbird Page 3 of 3
maintenance. (DSD)
5.3 Noise. The applicant shall
permitted by Section 9-3.531
the Municipal Code. (DSD)
Responsible Departments/Agencies:
ensure that noise levels do not exceed levels
Noise standards (residential and non-residential) of
DSD: Development Services Department
DSD-B&S: Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority