Resolution Number 13-06-18-09a RESOLUTION NO, 13-06-18-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING A MITIGATED NEGATIVE
DECLARATION (MND) AND APPROVING AN AMENDMENT FOR A
"RESIDENTIAL OCCUPANCY REQUIREMENT" EXEMPTION FOR
PROPERTY LOCATED AT 31766 LOS RIOS STREET AND 26711 VERDUGO
STREET 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, 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 any
restriction on outdoor commercial activity for the subject property, an amendment to the
"HR" (Historic Residential) Zone District to establish "eating and drinking establishments"
as a conditional use, and approval of preliminary design plans to allow a building addition
to the accessory structure on 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
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; and all mitigation measures have been included herein; and,
WHEREAS, the Cultural Heritage Commission, Planning Commission and
City Council 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 and Administrative Policy 409 to consider
public testimony on the proposed project and recommended approval of an exemption to
the "residential occupancy requirement"without restrictions on outdoor commercial activity
for the subject property; 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
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project and recommended approval of an exemption to the "residential occupancy
requirement" without restrictions on outdoor commercial activity for the subject property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby makes
the following findings with respect to the California Environmental Quality Act (CEQA):
1. 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 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 City Council
hereby makes the following findings:
1. The proposed amendment for an exemption 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 structure 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,
primarily used for commercial purposes, 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 code enforcement records indicate that in the
recent past, commercial use within the Lupe Combs House has not presented land
use compatibility issues to the District nor nearby residences with the exception of
certain, non-conforming, outdoor commercial uses (retail clothing display) which
have been discontinued.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano hereby approves a Mitigated Negative Declaration (MND)
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subject to those mitigation measures established by Exhibit A, attached hereto and
incorporated herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council
approves an amendment to the Los Rios Specific Plan's "HR" (Historic Residential) Zone
District provisions establishing an exemption to the "Residential Occupancy Requirement"
for the Lupe Combs House property as provided by Exhibit B, attached hereto and
incorporated herein.
PASSED, APPROVED AND ADOPTED this 18th day of June 2013:
JOfl TAYLOR, MAYOR
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MA IA IS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 13-06-18-09 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18t
day of June 2013, by the following vote:
AYES: COUNCIL MEMBERS: Kramer, Reeve and Allevato
NOES-. COUNCIL MEMBER: None
ARSE T:ff COUNCIL MEMBER: Byrnes
RECO 1 COUNCIL MEMBER: Mayor Taylor
AVX
M,ARIA',IITO RIS, City Cle
3 6/18/2013
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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.
Mitigation Monitoring & Reporting Program
Rezone (RZ) 12-03 Site Plan Review SPR 12-02 page 2 of 2
METHOD OF TIMING OF RESPONSIBLE DATE&
NO, MITIGATION MEASURE VERIFICATION VERIFICATION PERSON INITIALS
Cultural Resources
Archaeological Monitoring. Prior to issuance of a grading permit„ the applicant shall
submit to the Community Development Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified Archaeologists
for Orange County) has been retained to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information for
the archaeologist.
A qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) shall be retained by the project applicant and
shall be present at pre-construction meetings to advise construction contractors
about the sensitive nature of cultural resources located on and/or in the vicinity of During
the project site, as well as monitoring requirements. A qualified monitor (defined as building/grading Historic
an individual with a bachelors degree in anthropology with archaeological Field inspection. excavation for Preservation
monitoring experience), supervised by the qualified archaeologist, shall observe building addition staff.
on- and off-site construction activities that result in grading, and/or excavating on or foundation.
below the original ground surface (including during project-related off-site utility
[natural gas, electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). Should nonhuman cultural resources be discovered, the monitor
shall have the power to temporarily halt or divert construction activities until the
qualified archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall be
halted or diverted until the provisions of§7050.5 of the Health and Safety Code and
5097.98 of the Public Resources Code have been implemented. CD
Native American Monitor. During construction/grading activities, a Native American
monitor shall observe construction/grading activities that result in grading,
excavating, and/or trenching on or below the original ground surface (including During
during project-related off-site utility[e.g., natural gas, electricity, sewer, water, building/grading Historic
drainage, communications, etc.] and roadway improvements). The Native Field inspection. excavation for Preservation
American monitor shall consult with the archaeological monitor regarding objects building addition staff.
and remains encountered during grading that may be considered sacred or foundation.
important. In the event that evidence of human remains is discovered, the Native
American monitor shall verify that the archaeologist has notified the Coroner.
EXHIBIT B
Hummingbird House Cafe-Lupe Combs house
"Residential Occupancy Requirement" Exemption
Subsection B.5.a. of the Los Rios Specific Plan is hereby amended to read as follows:
5. Historical Residential (HR) District.
a. Purpose and Intent. 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.
Residential occupancy shall be defined as occupancy of a
residence for principal residential use by a household, or by
the property owner, tenant, or business manager who have
direct management authority over any commercial use of the
residence. Residential use and commercial use within the
same residence shall not be conducted independent of one
another. Residential use shall be defined to include a
bedroom, bathroom with bathing or shower facilities, and a
living room with complete food storage (refrigerator) and
food preparation facilities (stove) independent of the
commercial use. The Lupe Combs house located at 31766
Los Rios Street and 26711 Verdugo Street shall be exempt
from the "residential occupancy requirement."
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