PC Resolution-20-07-28-02PC RESOLUTION NO. 20-07 -28-02
ARCHITECTURAL CONTROL (AC) 20-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 20-
006; THE ECOLOGY CENTER, FOR A NEW RESTROOM FACILITY AND
CONCESSION STAND AND TRELLIS LOCATED AT THE ECOLOGY CENTER AT
32701 ALIPAZ STREET (APN 121-190-57) (APPLICANT: ANDREW SIEGER, THE
ECOLOGY CENTER).
Whereas, Andrew Sieger, The Ecology Center, 32701 Alipaz Street, San
Juan Capistrano, CA 92675 has requested approval of AC 20-006 to allow for a new
restroom facility and concession stand located at The Ecology Center, City-owned
property (32701 Alipaz Street) (Assessor Parcel Numbers 121-190-57) which is General
Plan-designated Agri-Business and classified as Agri-Business/Specific Plan (Kinoshita
SP 85-01) on the Official Zoning Map (the "Project"); and,
Whereas, the City of San Juan Capistrano is the owner of real property
located at 32701 Alipaz Street (Assessor Parcel Numbers 121-190-57); and,
Whereas, the applicant proposes to construct one restroom structure and
one concession stand structure totaling approximately 433 square feet, including with a
wooden trellis ("project"); and,
Whereas, the project is designed to reflect the City's agrarian history and
includes corrugated metal, unfinished wood, corrugated polycarbonate and metal mesh,
'Hog Wire' designed to be consistent with the early San Juan Capistrano aesthetic; and,
Whereas, the proposed Project is being processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, pursuant to section 21067 of the Public Resources Code, and,
section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.),
the City of San Juan Capistrano is the lead agency for the proposed Project; and,
Whereas, the Environmental Administrator has determined that the project
qualifies for a categorical exemption per Section 15303, Class 3. New Construction
because the restroom and concession stand are considered accessory structures; and
is categorically exempt per Section 15331; Class 31 "Historical Resource
Restoration/Rehabilitation") from further review. Class 31 consists of projects limited to
the maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of historical resources in a manner consistent with the
Secretary of the Interior's Standards for Treatment of Historic Properties. The Secretary
of the Interior's Standards define rehabilitation as, "the act or process of making possible
a compatible use for a property through repair, alterations, and additions while preserving
those portions or features which convey its historical, cultural, or architectural values."
PC Resolution 20-07-28-02 2 July 28. 2020
The project is consistent with Section 15331 because the project involves the construction
of a new restroom and concession stand (additions) adjacent to structures listed on the
City's Inventory of Historical and Cultural Landmarks (IHCL) referred to as the Joel
Congdon Residence. Consequently, staff finds that no additional environmental analysis
is necessary to meet the requirements of the CEQA. A Notice of Exemption (NOE) will be
posted should the project receive final approval; and,
Whereas, the Planning Commission conducted a duly-noticed public
hearing on July 28, 2020 pursuant to Title 9, Land Use Code, Section 9-2.302 and City
Council Policy 5 to consider public testimony on the proposed Project and has considered
all relevant public comments; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.313 Architectural Control, of Title 9, Land Use Code of the
City of San Juan Capistrano:
1. The proposed use and design of the project comply with all applicable provisions of
Title 9 of the San Juan Capistrano Municipal Code and any applicable specific plan or
comprehensive development plan because Specific Plan 85-01 allows Administrative
Offices as a permitted by right use and the restroom facility is considered an accessory
use and structure that will support the principal permitted uses including farming and
public education; and because the concession stand was determined to be a permitted
use by Conditional Use Permit 15-006 and as described in Condition of Approval
No.1.2 of Planning Commission Resolution 16-02-23-1. Furthermore, the concession
stand is considered an accessory use and consistent with Specific Plan 85-01
because it allows "Permanent or temporary stands primarily for the sale of agricultural
products produced either on the premises, or on other agricultural preservation areas."
2. The proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element because the
project is consistent with the following policies and objectives of the Community
Design Element:
Community Design Goal 1:
Policy 1.2: "Encourage high-quality and human scale design in
development to maintain the character of the City;" and,
The proposed agrarian architectural style provides high-quality materials
and natural finishes with a maximum building height of 11 '-2" to the top of
the trellis which is less than the height of the Joel Congdon Residence. The
proposed materials are reminiscent of the agrarian history of the City and
which include unfinished wood, corrugated metal -aged vintage and
translucent polycarbonate corrugated panels.
PC Resolution 20-07-28-02 3 July 28, 2020
Community Design Goal 2:
Policy 2.1: "Encourage development which complements the City's
traditional, historic character through site design, architecture, and
landscaping."
Acknowledging San Juan Capistrano's rich farming history, the proposed
restroom, concession stand, and trellis architectural theme complements
the City's architectural and historic character; and especially complements
the agrarian history of the farm.
As discussed further below, the project conforms to the City's adopted Architectural
Design Guidelines, which substantially implement the General Plan Community
Design Element.
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application, except as
otherwise approved because the project has been designed to accommodate the
required project building elements, within the central portion of the developed farm
city-owned property and because the development characteristics complement the
existing agrarian themed structures with respect to building setbacks, building heights,
open areas, massing, and site access. Furthermore, because the proposed
improvements are not considered an expansion of use the project does not trigger
additional parking.
4. The character, scale and quality of the architecture, site design and landscaping are
consistent with the adopted Architectural Design Guidelines of the City because as
demonstrated within this staff report, the proposed project and use of materials has
been designed to complement the existing agrarian architecture and history on the
site. Furthermore, the project will be consistent with the adopted Architectural Design
Guidelines because the following design principles are applicable to the proposed
project:
Design Issue/ Principal 1: Human Scale. The proposed project has a well-
balanced pedestrian orientation and human scale. The tallest of the three
proposed structures is the trellis which has a height of 11 '-2" and will provide
shade to the concession stand and the outdoor space.
Design Issue/ Principal 5: Heritage and Tradition. The proposed project reflects
the history and tradition of San Juan Capistrano. The agrarian architectural
style complies with agrarian history of the property and is designed to
complement the historic Joel Congdon Residence.
Design Issue/Principle 6: Richness of Details and Materials. The applicant
proposes to incorporate materials that are reminiscent of the agrarian history
of the City and which include unfinished wood, corrugated metal-aged vintage
PC Resolution 20-07-28-02 4 July 28. 2020
and translucent polycarbonate corrugated panels. These materials will provide
an enhanced overall pedestrian experience.
Design Issue/ Principle 8: Linkages and Connections. The proposed restroom
and concession stand will be in the center of the active space, making it
accessible to staff and visitors.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian access
and circulation because the site currently provides safe vehicular access and the
proposed improvements will have clear and identified pedestrian access. As such,
Architectural Control (AC) 20-006 has been reviewed and determined the site plan
provides functional and safe vehicular, bicycle and pedestrian access and circulation.
6. The proposed use and design of the project are compatible with surrounding existing
and proposed land uses and community character, including scale, intensity, massing,
architectural design, landscape design, and other development characteristics
because the proposed structures will use colors and materials that are found through
San Juan Capistrano. The architectural design incorporates materials that are
reminiscent of the agrarian history of the City and which include unfinished wood,
corrugated metal -aged vintage and translucent polycarbonate corrugated panels.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves Architectural Control
(AC) 20-006 subject to those conditions of approval established by Exhibit A attached
hereto and incorporated herein.
EFFECTIVE DATE AND FINAL APPROVAL. This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application. The appeal period shall commence the day following approval of
the Architectural Control (AC) 20-006 associated with this project by the Planning
Commission, if such approval is given by the Planning Commission in their discretion.
The project approval shall be valid for a period of one year from the date of approval of
AC 20-006 unless a time extension request or building permit application related to this
discretionary approval is submitted to the City prior to that date. ·
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PC Resolution 20-07-28-02 5 July 28, 2020
PASSED, APPROVED AND ADOPTED this 28th day of July, 2020.
~~~
Serg~P, Assistant Development
Services Director/Secretary
RESOLUTION #: 20-07-28-02
EXHIBIT A
CONDITIONS OF APPROVAL
Project#: Architectural Control (AC) 20-006
Project Name: Restroom & Concession Stand (The Ecology Center)
APPROVAL DATE: July 28, 2020
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. These conditions are organized by chronological order in the development
process as well as responsible City Department. The responsible department is noted
in parenthesis after each condition.
Architectural Control (AC) 20-006 to allow for a new restroom facility and concession
stand located at The Ecology Center, City-owned property (32701 Alipaz Street)
(Assessor Parcel Numbers 121-190-57)
General Conditions:
1. The above referenced entitlement approvals are granted for a residential
development. This approval is granted based on the application materials
submitted by Andrew Sieger, Architect including a site plan and
architecture dated June 10, 2020. These plans and the proposed use of
the site are 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 approval which are determined
by the Development Services Director to be in substantial conformance
with the approved tentative tract map, and which do not intensify or
change the use or require any deviations from City Code may be
approved by the Development Services Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (15th) day
after the date of the Planning Commission's approval.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County, and 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 # 20-07-28-02
Project # AC 20-006, The Ecology Center
Final Conditions of Approval
Date: July 28, 2020
Pa e 2of4
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. In the event that exhibits, and written conditions are inconsistent, the
written conditions shall prevail. If there are any disparities betwee·n these
conditions and the plans or final revised plans that are approved for any
subsequent phase, then the conditions and/or plans as stipulated in the
later approval shall prevail.
7. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
8. The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
9. All applicable approvals with an exception of approvals of water and sewer
improvements, 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 or release of securities, as
specified in these conditions. Approval of water and sewer improvements
Resolution # 20-07-28-02
Project# AC 20-006, The Ecology Center
Final Conditions of Approval
Date: July 28, 2020
Pa e 3of4
and inspections shall be on file with the Utilities Department or other water
and sewer utility purveyor.
10. Pursuant to Section 8-1.03 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery or recovery of
materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows:
Monday through Friday
Saturday
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
11. Construction activity is prohibited on Sundays and on any federal holiday
unless waived by the Building Official for extenuating reasons.
12 . The applicant shall comply with all requirements from the Building &
Safety Division and all other City Departments.
13. The applicant shall request approval from the City for any deviation from
the approved plans.
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until all trenching and
ground-disturbing is complete.
14. 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 the project site, as well as
monitoring requirements. A qualified monitor (defined as an individual with
a bachelor's 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.] 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
Resolution # 20-07-28-02
Project #AC 20-006, The Ecology Center
Final Conditions of Approval
Date: July 28, 2020
Pa e 4 of 4
until the prov1s1ons of §7050.5 of the Health and Safety Code and
§5097.98 of the Public Resources Code have been implemented.
15. 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 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.
16. 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 and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
17. Plan Compliance. The project shall be constructed per the approved plans
(architecture, landscape, lighting, signage, etc.). Any variations shall be
submitted to the Development Services Department for review and
approval.
Applicant Acceptance of Conditions of Approval:
By:
Andrew Sieger Date