PC Resolution-08-03-25-01PC RESOLUTION NO. 08-3-25-1
EXCEPTIONS TO DEVELOPMENT STANDARDS, SITE PLAN REVIEW 07-002,
TROUBLEMAN'S COTTAGE RELOCATION — LOS RIOS STREET
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING EXCEPTIONS TO DEVELOPMENT STANDARDS TO
ALLOW RELOCATION OF THE TROUBLEMAN'S COTTAGE TO 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 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 and approve Site Plan Review 07-002; and
Whereas, the Planning Commission has considered the environmental
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation and technical studies,
and finds that the Mitigated Negative Declaration reflects the independent judgment of the
City. The Planning Department.located at 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675, is the custodian of the documents which constitute the record of proceedings
upon which the decision is based; and,
Whereas, the Planning Commission conducted a noticed public hearing on
March 25, 2008, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.335,
PC Resolution 08-3-25-1 March 25, 2008
City Council Policy 5, and Planning Department Policy 510 to consider public testimony on
the proposed project and has considered all relevant public comment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the exceptions to development standards requested as part of Site Plan Review 07-002:
T. There are special physical circumstances in areas surrounding the property which
justify granting the exceptions because the project site is within the Historic District
and the proposed "addition" is an intact existing structure.
2. The intent of the requirements are being met in the design of the total project
because separate parking will be provided for the ADU and the potential massing
impacts related to size and height are mitigated by the proposed location of the
Troubleman's Cottage.
3. There is little potential for the exception to create a negative impact on surrounding
areas because the exceptions being requested are minor in scope.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves a mitigated negative
declaration for the project, subject to those mitigation measures included in the conditions
of approval for the project.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the exceptions to
development standards requested for Site Plan Review 07-002 subject to those conditions
of approval established by Exhibit A, attached hereto and incorporated herein.
PASSED, APPROVED AND ADOPTED this 25th day of March, 2008, by the
following vote, to wit:
AYES: Commissioners Kerr, Ratcliffe and Chairman Cardoza
NOES: Commissioner Neely
ABSTAIN: None
obert Car a, Chairman
rant Taylor, sistant Planning Director
RESOLUTION # 08-3-25-1
CONDITIONS OF APPROVAL
PROJECT LOG #: RZ 07-007, SPR 07-002
PROJECT NAME: Troubleman's Cottage
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:
The project approvals include Rezone (RZ) 07-007, 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. 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. 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, signed, and stamped (when
required) only by those individuals legally authorized to do so.
Resolution #08-3-25-1 Final Conditions of Approval
Project # RZ 07-007 SPR 07-002 Page 2 of 6
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, 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. Approval of this project shall become' effective on the date that the
Resolution adopting Rezone 07-007 becomes effective.
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. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
9. Applicable Codes and Building Plans. Prior to issuance of building permits
for applicable portions of this project, plans shall be submitted to the
Building and Safety Department for review and approval, shall comply with
the latest City -adopted edition of the applicable building codes and shall
be in substantial conformance with those plans approved by the Cultural
Heritage Commission, Planning Commission and City Council.. (B&S,
PLN)
10. On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
* Denotes Environmental Mitigation Measure
Resolution #08-3-25-1 Final Conditions of Approval
Proiect # RZ 07-.007 SPR 07-002 Pape 3 of 6
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall be specific to the project which reflects consistency
with the City's Sewer and Water standards. (ENG)
11. Dry Utilities. Prior to issuance of building permits and approval of dry utility
plans, the applicant shall submit to the City Engineer, for review and
obtain approval for, Electrical Gas, Telephone and Cable Television
Installation Plans which include the size and location of all above ground
pedestals, to ensure compatibility with existing and proposed
improvements. Pedestals shall be located in areas with limited visibility to
the general public, and screened with landscaping to the extent feasible.
The applicant shall coordinate with utility providers to ensure that required
public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent
practicable. Any exception shall be subject to review and approval by the
City Engineer. (ENG)
12. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
13. OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the "Orange County Fire
Authority Plan Submittal Criteria Form." Please contact the OCFA at (714)
573-6100 for a copy of the Site/Architectural Notes to be placed on the
plans prior to submittal. (OCFA)
14. Fire Aisle Access and Gates. Subject to approval by OCFA and the City
Engineer for a permanent emergency access easement from Ramos
Street over a portion of the adjacent private property, a fire drive aisle or
hose pull walkway and entrance and exit gate shall be shown on the plans
prior to the issuance of a building permit. The fire access lane shall be
posted "No Parking — Fire Lane" as approved by the Fire Department. The
entrance and exit gate shall be equipped with an entry system approved
by the Fire Department. Gate widths shall be not less than twenty (20) feet
unless otherwise approved by OCFA. Entrance gates shall be operated by
a punch pad capable of accepting a separate Fire Department code, and
an `opticom' compatible gate operation system. The gate operation shall
provide for periods of power outage. (OCFA & ENG)
15. Automatic Fire Sprinkler Systems. In the event that the required easement
and fire aisle access and gates are not approved by OCFA and the City
* Denotes Environmental Mitigation Measure
Resolution #08-3-25-1 Final Conditions of Approval
Project # RZ 07-007 SPR 07-002 Pape 4 of 6
Engineer, then prior to the issuance of a building permit, the applicant
shall submit plans for the required automatic fire sprinkler system in the
relocated structure to the Fire Chief for review and approval. Prior to the
issuance of a certificate of use and occupancy, this system shall be
operational in a manner meeting the approval of the Fire Chief. (OCFA)
16. *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)
17. Pay Applicable Fees. Prior to issuance of building permits, the applicant
shall pay any applicable fees (which may include but are not limited to
pass through agency fees for CUSD and TCA), that are not exempted by
the executed Memorandum of Understanding between the City Council
and Iraj Douraghi dated September 4, 2007 which states "The City will
issue at no costs: building, electrical, plumbing and mechanical permits,
plan check fees and connection charges for rehabilitation of the Cottage
structure." (ENG)
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
18. Drainage Problems. During the entire construction operation, the applicant
shall adhere to the following conditions to address unforeseen drainage
issues: (ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument
to insure the future of the solution. (ENG)
19. Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
20. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(PLN)
21. *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
* Denotes Environmental Mitigation Measure
Resolution #08-3-25-1 Final Conditions of Approval
Proiect # RZ 07-007, SPR 07-002 Page 5 of 6
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.
22. *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)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
23. Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy, the applicant shall complete, to the satisfaction of
the City Engineer, all utility improvements required and necessary to serve
the house in accordance with the approved plan and approved exceptions.
(ENG)
24. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plan and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
* Denotes Environmental Mitigation Measure
Resolution #08-3-25-1 Final Conditions of Approval
Proiect # RZ 07-007, SPR 07-002 Pape 6 of 6
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
25. 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)
26. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department. (PLN)
27. *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)
28. *Subdivision Map Act. No subdivision, or sale of only a portion of the
parcel, shall occur without prior approval of a parcel map by the City of
San Juan Capistrano and compliance with the Subdivision Map Act and
any other applicable regulations. (ENG)
Responsible Agencies: B&S: Building and Safety
ENG: Engineering Department
PLN: Planning Department
PW: Public Works Department
OCFA: Orange County Fire Authority
* Denotes Environmental Mitigation Measure