CHC Resolution-08-03-25-01CHC RESOLUTION NO. 08-3-25-1
SITE PLAN REVIEW 07-002
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A MITIGATED NEGATIVE DECLARATION AND THE
RELOCATION OF THE TROUBLEMAN'S COTTAGE TO 31701 LOS RIOS. STREET
MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-143-04.
TROUBLEMAN'S COTTAGE RELOCATION — LOS RIOS STREET
Whereas, on September 4, 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; and all mitigation measures have been included herein; and
Whereas, the Cultural Heritage Commission has considered . the
environmental determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission conducted a 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 pub__ lic input on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, thatthe Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following findings:
CHC Resolution 08-3-25-1 2 March 25, 2008
1. The proposed project is consistent with the General Plan Cultural Resources
Element and the purpose and intent of the Los Rios Specific Plan, subject to
the proposed Specific Plan amendment, because:
(a) Historic residential land uses, structures and the historic district
character will be preserved and maintained.
(b) The project provides an accessory dwelling unit that is consistent with
the purpose and intent of the LDR zoning classification.
2. The proposed project is consistent with the Site Design Standards and
Architectural Design Guidelines of the Los Rios Specific Plan and the
Secretary of the Interior's Standards for the Treatment of Historic Properties
because:
(a) The project meets the setback standards and open area
requirements, as well as the open character required for parking
spaces in the historic district.
(b) The exceptions to maximum height, maximum square footage for an
accessory dwelling unit and the requirement for the parking space to
be covered are minor and subject to approval by the Planning
Commission.
(c) The Specific Plan allows for additions and relocations to occur in the
LDR zoning classification provided they are compatible in massing,
scale, materials and design and do not overwhelm the existing
massing of the historic structure. The location of the Troubleman's
Cottage 109 feet behind the existing historic house at the rear of the
site addresses massing and scale compatibility, and the design and
authentic materials of the Troubleman's Cottage are compatible with
the historic district character.
(d)
Mitigation measures require processing the addition of the potentially
historic Troubleman's Cottage to the Inventory of Historic and Cultural
Landmarks consistent with the requirements of the Specific Plan, and
compliance with the Secretary of the Interior's Standards and
(e) The project will be compatible with, yet differentiated from, the historic
Rios -Stanfield House, will be compatible with the character and
spatial relationships of the historic district, and could be reversed
without impairing the essential form and integrity of the existing
historic building:
CHC Resolution 08-3-25-1 . 3 March 25, 2008
(f) The project will protect and preserve .cultural and archaeological
resources through minimal ground disturbance and mitigation
measures that require archaeological and Native American
monitoring.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage of the City of San Juan Capistrano does hereby approve a mitigated negative
declaration and approves the project subject to the conditions of approval contained in
Exhibit "A" attached hereto and incorporated herein; and,
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become final following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 5:00 pm, Tuesday April 9, 2008. This
project approval shall become effective upon the date that RZ 07-007 is approved by the
City Council.
PASSED, APPROVED AND ADOPTED this 25th day of March, 2008, by the
following vote, to wit:
AYES: Commissioners Siegel, Banda, Porter, Vice -Chair Nunez and Chair
Tryon
NOES: None
ABSTAIN: None
ABSENT: None
Don Tryon, Chair
Teri Delcamp, Historic Presery tion Manager, Secretary
CHC RESOLUTION NO. 08-3-25-1
CONDITIONS OF APPROVAL
PROJECT LOG #: SPR 07-002
PROJECT NAME: Troubleman's Cottage Relocation — Los Rios Street
APPROVAL DATE: March 25, 2008
EFFECTIVE DATE: Council action on RZ 07-007
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:
1. The project approval is for Site Plan Review (SPR) 07-002, Troubleman's
Cottage Relocation — Los Rios St., to relocate the Troubleman's Cottage
from its temporary location within the boundary of the Los Rios Park &
Parking Lot project on Paseo Adelanto to a permanent location as an
Accessory Dwelling Unit (ADU) at 31701 Los Rios Street, APN 121-143-
04, within the Los Rios Specific Plan area, and to rehabilitate the
structure. The project includes a Rezone of the rear portion of the project
site from Park (P) to Low Density Residential (LDR) while leaving the front
portion of project site in the existing Historic Residential (HR) zone and
includes exceptions to the maximum height, maximum ADU size and ADU
parking requirements subject to further action by the Planning
Commission and City Council This project approval is based on and
subject to the application materials submitted by Iraj Douraghi on January
22, 2008, and prepared by Dana Somsel including site plan, building
elevations, floor plan, and any other plans. These plans and the proposed
use of the project site are hereby incorporated by reference into this
approval approved 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 Planning Director pursuant to Section 9-2.303,
Administrative approvals of Title 9, Land Use Code.
2. SPR 07-002 is subiect to all applicable conditions of _approval of the
associated Planning Commission and City Council actions related to this
project, PC Resolution No. 08-3-25-1 and City Council Resolution No.
3. *Historic Standards. Prior to issuance of building permits, the rehabilitation
plans for the Troubleman's; Cottage shall be determined to be in
compliance with the Secretary of Interior's Standards and Guidelines for
Rehabilitation by the Historic Preservation Manager. The project shall
also comply with the State Historical Building Code. (PLN)
Resolution No. 08-3-25-1 Final Conditions of Approval
Proiect # SPR 07-002 Pape 2 of 2
4. *Archaeological Monitor. Prior to issuance of a building permit and any
ground disturbing activity, a qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County)
shall be retained 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 the project site, as well as.
monitoring requirements. A qualified monitor (defined as an individual with
a bachelors degree in anthropology with archaeological monitoring
experience), supervised by the qualified archaeologist, shall observe on -
and off-site construction activities that result in grading, and/or excavating
on or below the original ground surface (including during project -related
off-site utility [natural gas, electricity, sewer, water, drainage,
communications, etc.] 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.
5. *Native American Monitor. During construction/ground-disturbing activities,
a Native American monitor shall observe activities that result in grading,
excavating, and/or trenching on or below the original ground surface
(including during project -related off-site utility [e.g., natural gas, electricity,
sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (PLN)
6. Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, final reports for any cultural or archaeological resources
recovered from the project site during ground -disturbing activity shall be
filed with the appropriate information repository. Reports shall include
information on disposition of resources. (PLN) .
7. *Inventory of Historic and Cultural Landmarks. Once the Troubleman's
Cottage has been successfully relocated as evidenced by approval of final
inspections, and an address has been established for the structure, a
historic report and application to place the Troubleman's Cottage on the
City of San Juan Capistrano Inventory of Historic and Cultural Landmarks
shall be processed. Upon approval, the Troubleman's Cottage would be
listed as an individual historic structure. (PLN)
* Denotes Environmental Mitigation Measure