Resolution Number 08-04-15-02 ' RESOLUTION NO. 08-04-15-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,APPROVING AN AMENDMENT TO THE LOS
RIOS SPECIFIC PLAN (SP) 78-01 LAND USE MAP FOR 31701 LOS RIOS
STREET, TROUBLEMAN'S COTTAGE RELOCATION — LOS RIOS
STREET (REZONE 07-007) (APN 121-143-04)
WHEREAS, on September4, 2007, the City Council and Iraj Douraghi ("Applicant")
executed a Memorandum of Understanding ("MOU") pertaining to the disposition of the
City-owned Troubleman's Cottage temporarily located within the boundary of the Los Rios
Park& Parking Lot project on Paseo Adelanto to effect its relocation to the private property
located at 31701 Los Rios Street (APN 121-143-04); and
WHEREAS, the MOU stipulated that staff would process a Specific Plan
Amendment to change the zoning designation on a portion of the subject property from
Park("P")to Low Density Residential ("LDR") upon the Applicant's submittal of a complete
site plan review application; and
' WHEREAS, on December 5, 2007, a site plan review application was filed by the
Applicant, Iraj Douraghi, 31701 Los Rios Street, San Juan Capistrano, CA 92675, in
accordance with the MOU; and
WHEREAS, pursuant to Section 15063 and 15064 of the California Environmental
Quality Act (CEQA) Guidelines, the Planning Department prepared an initial study; has
issued a mitigated negative declaration pursuant to Section 15070 of those Guidelines; has
caused a Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072
of those Guidelines; has otherwise complied with all applicable provisions of CEQA; said
MND having been approved by the Planning Commission on March 25, 2008; and
WHEREAS, the Cultural Heritage Commission conducted a duly-noticed public
meeting on February 26 and March 25, 2008, pursuant to the provisions of Title 9, Land
Use Code, Section 9-2.339, Administrative Policy 409, and Planning Department Policy
510 to consider public testimony on the proposed project and approved Site Plan Review
07-002; and
WHEREAS, the Planning Commission conducted a duly-noticed public hearing on
March 25, 2008, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.335,
City Council Policy 5, and Planning Department Policy 510 to consider public testimony on
the proposed project, approved exceptions to development standards for SPR 07-002, and
recommended approval of RZ 07-007; and
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WHEREAS, all mitigation measures contained in the MND have been included as —
conditions of approval attached to Cultural Heritage Commission Resolution 08-3-25-1
approving SPR 07-002 and Planning Commission Resolution 08-3-25-1 approving
exceptions to development standards for SPR 07-002; and,
WHEREAS, the City Council conducted a duly-noticed public hearing on April 15,
2008 pursuant to the provisions of Section 9-2.335 of Title 9, Land Use Code,
Administrative Policy 409, and Planning Department Policy 510 to consider public
testimony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, provisions of the Land Use Element,
Circulation Element and Cultural Resources Element because historic residential
land uses, structures and character will be preserved and maintained and the
project will not alter nor result in additional traffic.
2. The proposed zone change will be consistent with the General Plan land use
designation for the project site because Section 9-2.101, Consistency of projects
with the General Plan, provides that the"SP/PP"(Specific Plan/Precise Plan)Zone
District is consistent with the "SP/PP" land use designation.
3. The proposed zone change will result in the development of land uses suitable to
the property's unique situation including and natural and man-made constraints
because the proposed zone change will not alter permitted residential uses nor
accessory uses within the Los Rios Specific Plan area.
4. The proposed zone change will be compatible with the existing land uses and/or
zoning classifications of adjoining properties or properties in the vicinity of the
property being rezoned which could potentially be affected by development because
the proposed zoning classifications are consistent with the classifications of
adjoining properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council hereby
approves the proposed project subject to the Los Rios Specific Plan zoning classification
attached hereto and incorporated herein by reference as Exhibit "A". This approval shall
expire on August 1, 2008, unless the Applicant shall have relocated, or caused the
relocation, of the subject Cottage pursuant to the Memorandum of Understanding (MOU).
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PASSED, APPROVED, AND ADOPTED this 15th day of April, 2008.
C it P601
JOE TOATO, AOR
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ATTEST:
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MARGARET R. MONA , CITY Cr
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 08-04-15-02 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of April 2008, by the
following vote:
AYES: OUNCIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto
NO OUNCIL MEMBER: None
AB E COUNCIL MEMBER: None
MA T R. MO HAN, City CI
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