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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