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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