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12-0530_HAMILTON OAKS AT SAN JUAN_License Agreement LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is entered into effective as of May 30, 2012 ("Effective Date"), between CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("LICENSOR"), and HAMILTON OAKSAT SAN JUAN, LLC, a California limited liability company ("LICENSEE"). RECITALS WHEREAS, LICENSOR is the owner of approximately 2.6 acres of property located at 29943 Camino Capistrano, in the City of San Juan Capistrano, County of Orange, generally described as Assessor's Parcel Number (APN) 121-050-03, and commonly known as the Roger Y. Williams House, otherwise referred to as the "Swanner House" which was acquired to be maintained as open space with a historic residence, depicted in the attached Exhibit A and hereinafter referred to as the "Premises"; and WHEREAS, LICENSEE desires to use the Premises for the operation of a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages), and social events(including weddings and other celebratory gatherings). LICENSE NOW, THEREFORE, LICENSOR and LICENSEE do hereby mutually agree as follows: Section 1. Grant of License/Term. a. Grant of License. LICENSOR hereby grants to LICENSEE a license to establish and maintain a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages), and social events (including weddings and other celebratory gatherings) on the Premises, as depicted on the site plan attached hereto as Exhibit B and incorporated herein by reference. LICENSEE shall provide the expertise, supervision and management over the operations, activities and uses authorized herein. Except as otherwise provided in this License, the Premises shall not be used for any other purpose. b. Term. 1. Original Term. The initial term of this Agreement shall commence on the Effective Date through and until June 30, 2017 (the "Original Term"), unless sooner terminated as provided for herein. 2. Renewal Term. The term of this Agreement shall automatically be extended for one additional five-year period beyond the Original Term provided that LICENSEE is not in breach and has satisfactorily complied with all the terms of this License, unless LICENSEE provides written notice of non-renewal to LICENSOR at least 180 days prior to the expiration of 1 857166.3 the Original Term. The additional five-year term shall be referred to herein as the "Renewal Term." Section 2. License Fee. LICENSOR shall receive from LICENSEE a license fee based on the following schedule: a. For the Original Term,the license fees shall be as follows: Year Monthly Fee Annual ls`Month May 30-June 30, 2012, no charge $0 1 Sl year $4,000 per month; first two months no charge $40,000 2nd year $4,000 per month for 12 months $48,000 3`d year $4,500 per month for 12 months $54,000 4`h year $4,500 per month for 12 months $54,000 5`h year $5,000 per month for 12 months $60,000 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues in excess of $1,200,000 per year for all activities on the Premises commencing July 1, 2012. b. For the Renewal Term,the license fees shall be as follows: Year Monthly Fee Annual 6`h year $5,500 per month for 12 months $66,000 7`h year $5,500 per month for 12 months $66,000 8`h year $6,000 per month for 12 months $72,000 9`h year $6,000 per month for 12 months $72,000 10`h year $6,000 per month for 12 months $72,000 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%)of its gross revenues in excess of$1,200,000 per year for all activities on the Premises. C. Security Deposit. LICENSEE shall deposit four thousand dollars ($4,000) with LICENSOR, prior to taking possession of the Premises pursuant to this License. The deposit shall serve as security for LICENSEE's faithful performance of its obligations under this 2 857166.3 License. If LICENSEE fails to pay Rent, or otherwise Defaults under this License, LICENSOR may use, apply or retain all or any portion of said deposit for the payment of any amount already due to LICENSOR, for License Fees which will be due in the future, and/or to reimburse or compensate LICENSOR for any liability, expense, loss or damage which LICENSOR may incur by reason thereof. If LICENSOR uses or applies all or any portion of the deposit, LICENSEE shall, within 10 days after written request from LICENSOR, deposit additional security with LICENSOR sufficient to restore said deposit to the full amount required by this License. LICENSOR may require an additional deposit up to double the current deposit amount (or $8,000) in the event LICENSOR determines that the original deposit amount is not sufficient to secure LICENSEE's faithful performance, should any liability, expense, loss or damage occur with respect to the Premises or LICENSEE's obligations under this License. The deposit shall not be required to be maintained separate from LICENSOR's general accounts. Within ninety (90) days after the expiration or termination of this License, LICENSOR shall return that portion of the deposit not used or applied by LICENSOR. LICENSEE shall not be entitled to any interest on the deposit. d. Payment of Gross Revenue Fees, Accounting. Payment of the gross revenue fee shall be due within thirty (30)days of the close of fiscal year of LICENSOR(July 1 through June 30`h). LICENSEE shall maintain detailed records of gross revenues for all activities on the Premises for the purpose of allowing LICENSOR review and audits of same. LICENSEE shall allow LICENSOR to review LICENSEE's records and/or LICENSEE shall submit to an audit at any time provided LICENSOR gives LICENSEE thirty (30) days advanced written notice of . same. e. LICENSEE Improvements and Investment. The foregoing fees are not inclusive of improvements and investments made by LICENSEE to/for the use of the Premises, for which there shall be no credit or set off against the foregoing fees. A list of the estimated improvements and investments, which improvements are subject to review and approval by LICENSOR's Planning and Building Departments, is attached as Exhibit C. Section 3. Scope of License and Conditions,Requirements and Limitations Thereof. a. Permissible Uses. LICENSEE may use the Premises for maintaining a demonstrational vineyard and wine tasting, along with the educational and social gathering programs, food and beverage services (including alcoholic beverages), and events first described above. LICENSEE shall be responsible for the supervision and management of every aspect of its operations on the Premises. LICENSEE shall use and maintain the Premises and perform all operations in a competent manner, consistent with the standards of the industry and in accordance with all applicable Federal, State and local regulations, including the City of San Juan Capistrano Municipal Code. LICENSEE shall obtain, at its sole cost and expense, all governmental permits and authorizations of whatever nature required by any governmental agencies having jurisdiction over LICENSEE's use of the Premises. LICENSEE may install a sign on the water tower subject to review by the Design Review Committee and final approval by the City Council. LICENSEE shall further submit for LICENSOR's approval a parking management plan for events at the Premises. 3 857166.3 b. Condition of Premises. Subject to completion of those modifications to, or work on, the Premises to be performed by LICENSOR. listed in and attached as Exhibit D, LICENSEE accepts the Premises in its present condition, "as is", upon execution of this License. LICENSOR makes no warranty of the suitability of the Premises for LICENSEE's intended uses and expressly disclaims any warranty or representation with regard to the condition, safety, security or suitability for LICENSEE's intended use of the Premises. The duly authorized representative of LICENSOR may enter upon the Premises and all structures and buildings thereon, or any portion thereof, at any time, and from time to time. In the event that LICENSEE cannot obtain all necessary approvals to operate its business as intended by this License prior to August 31, 2012, LICENSEE may terminate this License without further liability by giving notice to LICENSOR that LICENSEE, provided that LICENSEE has diligently pursued the approvals and has not itself caused delays in the processing of same. C. Maintenance of Premises. LICENSEE may use the existing structures on the Premises for LICENSEE's use. LICENSEE shall maintain, at LICENSEE's expense, the Premises, including all existing structures and all equipment owned and furnished by LICENSEE, in a reasonable state of repair and working order. LICENSEE agrees, at LICENSEE's expense, to use reasonable care to control all weeds growing on the Premises; keep the Premises clean of trash, debris and rubbish; and to keep fences, ditches, landscaping and borders of the Premises in good condition and repair at all times, reasonable wear and tear excepted. d. Liens. LICENSEE will fully and promptly pay for all materials joined or affixed to the Premises under the authority or direction of LICENSEE, and fully and promptly pay all persons who perform labor upon said Premises. Licensee shall not suffer or permit to be filed or enforced against the Premises,or any part thereof,any mechanics', materialmen's,contractors',or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or construction work, or out of any other claim or demand of any kind. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by LICENSOR with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend LICENSOR from all obligations and claims made against LICENSOR for the above described work, including attorney's fees. LICENSEE shall furnish evidence of payment upon request of LICENSOR. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to LICENSOR in compliance with applicable California law. If LICENSEE does not discharge any mechanic's liens or stop notice for works performed for Licensee, LICENSOR shall have the right to discharge same(including by paying the claimant), and LICENSEE shall reimburse LICENSOR for the cost of such discharge within ten (10) business days after billing. The provisions of this subsection shall survive the termination of this License. e. Third Party Liability. LICENSEE shall be responsible and liable for all acts and omissions of all of LICENSEE's contractors, agents, employees, representatives and any other person or party entering upon the Premises under the authority or color of this License. f. Point of Sale Requirement. LICENSEE shall designate the Premises as the Point 4 857166,3 of Sale for sales tax purposes for all sales subject to the California Bradley-Burns Sales and Use Tax and events that occur on the Premises. Therefore, principal negotiations and all reservation processing for the Premises should take place within the City of San Juan Capistrano at a dedicated office on the Premises. g. Public Events Reserved to LICENSOR. In addition to the foregoing conditions, LICENSEE will provide LICENSOR with the option of reserving three (3) annual event dates to benefit the public, as determined in LICENSOR's sole discretion, without charging a rental fee for the Premises. However, LICENSOR will be responsible for any fees incurred for subcontract services required for LICENSOR's events, including but not limited to valet service, rental of portable restrooms, security services (if required), catering, and similar services. LICENSEE and LICENSOR will mutually agree on the three annual event dates. LICENSOR shall be given priority in the selection of available event dates not more than 90 days from the date of request and LICENSEE shall be given priority in all other instances in order to allow LICENSEE to maximize the use of the Premises as provide for in this License. Section 4. No Assignments. LICENSEE shall not voluntarily, involuntarily or by operation of law assign, sublet, transfer, mortgage or otherwise encumber all or any part of the Premises, or any interest therein, without the prior written consent of LICENSOR. Any attempted assignment, sublet or transfer made in violation of this provision shall be null and void. Notwithstanding the foregoing, LICENSEE may enter into an exclusive agreement to provide catering services on the Premises without violating this License. Section S. Utilities. LICENSEE will be solely responsible for providing all water, sewer, electricity, telephone, Internet, refuse collection, gas, landscape maintenance, and other necessary utilities for the use and operation of the Premises. Section 6. Time of the Essence. Time is of the essence of each and every provision, covenant, and condition herein contained and on the part of LICENSEE and LICENSOR to be done and performed. Section 7. Site Modifications. Any modifications to the Premises, other than those specifically provided for in this License will require prior approval of the San Juan Capistrano City Council. Additionally, any site modifications approved in concept by the City Council will be subject to all applicable City of San Juan Capistrano design guidelines and permitting processes. Section 8. Default. a. If LICENSEE defaults in the payment of the license fee, or any additional 5 857166.3 applicable license payments, or defaults in the performance of any of the other covenants or conditions hereof, LICENSOR may give LICENSEE written notice of such default and if LICENSEE does not cure any such default within thirty (30) days, or such other time period as specified in the notice of default, after the giving of such notice, then LICENSOR may immediately terminate this License. The notice shall specify in reasonable detail the nature and extent of the default. If the nature of LICENSEE's obligation is such that more than thirty (30) days are required for performance, then LICENSEE shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. If LICENSOR terminates the License pursuant to this Section, then, on the date specified in the notice of termination, the term of this License shall terminate, and LICENSEE shall then quit and surrender the Premises to LICENSOR, but LICENSEE shall remain liable as hereinafter provided. If this license shall have been so terminated by LICENSOR, LICENSOR may at any time thereafter resume possession of the Premises by any lawful means and remove LICENSEE or other occupants and their effects. b. If LICENSEE breaches any covenant or condition of this license, LICENSOR may, on reasonable notice to LICENSEE (except that no notice need be given in case of emergency), cure such breach at the expense of LICENSEE. The reasonable amount of all expenses, including attorney's fees, incurred by LICENSOR in so doing shall be deemed additional fees payable on demand. Section 9. Termination Due to Bankruptcy or Insolvency. In the event proceedings in bankruptcy are commenced by LICENSEE, or LICENSEE is found to be in a state of insolvency, then in such event, LICENSOR shall have the right to terminate this License and all further rights and obligations thereunder, by ten (10) days' notice in writing to LICENSEE, in which event, on the expiration of the ten (10) days from mailing of the notice, this License shall automatically terminate. Section 10. Compliance with Laws. LICENSEE's use of the Premises hereunder shall be conditioned upon LICENSEE, at its sole cost and expense: a. Maintaining all necessary licenses and/or permits from all appropriate public and/or governmental agencies with respect to such use (and LICENSEE shall provide copies of the same to LICENSOR upon any request therefor); b. Complying with each and every federal, state or local law (including the City of San Juan.Capistrano Municipal Code), regulation, standard, decision of court, ordinance, rule, code, order, decree, directive, guideline, permit or permit condition, together with any declaration of covenants, conditions and restrictions which have been recorded in any official or public records with respect to the Premises or any portion thereof, each as currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to the Premises; b 857166.3 Section 11. Notices. Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight(48) hours after being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: LICENSOR: City of San Juan Capistrano Attn.: Karen P. Brust, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSEE: Hamilton Oaks at San Juan, LLC Attn.: Ron Tamez 31111 Hamilton Trail Trabuco Canyon, CA 92679 Section 12. Attorneys' Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this License, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees,costs and expenses incurred by the prevailing party. Section 13. Surrender of Premises. LICENSEE shall, at the termination of this License, vacate the Premises in as good condition as they are in at the time of entry thereon by LICENSEE. Upon vacating, LICENSEE shall leave Premises free and clear of all rubbish and debris. Nothing in this License shall require LICENSEE to remove any of the improvements listed on Exhibit C or approved by LICENSOR in accordance with the provisions of this License. Section 14. Insurance. LICENSEE shall maintain during the term of this License comprehensive general liability insurance, including automobile coverage and blanket contractual liability coverage, with respect to the Premises and the activities of or on behalf of LICENSEE, including personal injury and property damage for not less than Two Million Dollars ($2,000,000) combined single limit bodily injury, death and property damage liability per occurrence, or the current limit of liability carried, whichever is greater, and worker's compensation insurance to protect LICENSEE and LICENSOR from any claim made or action brought by any person or entity arising out of or related to LICENSEE's use of the Premises thereafter or arising out of or connected in any way 7 857166.3 with the acts of LICENSEE undertaken pursuant to this License. LICENSEE shall provide that the policy or policies of insurance shall be primary and shall name LICENSOR (and all of their elected officials, officers, directors, agents, representatives, managers and employees) as an additional insured, with the provision that any other insurance carried by LICENSOR shall be noncontributing and shall waive all rights of subrogation. LICENSEE shall furnish LICENSOR with a Certificate of Insurance and Additional Insured Endorsement as evidence of such policy or policies. Section 15. Hazardous Substances. LICENSEE shall not use, store or transport any hazardous substances on or onto the Premises; and LICENSEE shall repair, remediate and/or restore any condition attributable to or arising from the same. Section 16. Indemnification. LICENSEE shall indemnify, defend and hold harmless LICENSOR (and all of their elected officials, officers, directors, agents, representatives, managers and employees) from and against all liabilities, claims, damages, losses and expenses of any nature whatsoever (including, but not limited to any costs or expenses for attorneys' fees and all incidental or consequential damages) arising out of LICENSEE's use of the Premises or otherwise arising out of the acts or omissions of LICENSEE hereunder. Section 17. Taxes. Pursuant to Revenue & Taxation Code §107.7, should a property interest be created herein, it may be subject to property taxation and LICENSEE may be subject to property taxes levied on such interest. In no event shall LICENSOR be liable for any taxes owed as a result of this License or LICENSEE's use of the Premises. Section 18. No Relocation Benefits. This License is not intended to convey a property interest but to permit LICENSEE to use the Premises as provided for herein. LICENSEE acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any other provision of this License, expressly waives all such past, present and future rights, if any, to which LICENSEE might otherwise be entitled from LICENSOR with regard to this License and the business operated on the Premises. LICENSEE shall not be entitled to relocation assistance, relocation benefits,or compensation for loss of goodwill upon the termination of this License. Section 19. Entire Agreement. The terms in this License constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 8 857166.3 Section 20. Miscellaneous. a. This License may be modified only by written instrument executed by both parties hereto. b. This License is entered into for the sole protection and benefit of LICENSOR and LICENSEE. C. Any failure by LICENSOR to insist upon a strict performance by LICENSEE of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof. d. This License shall be governed by the construed in accordance with the laws of the State of California. e. The parties executing this License warrant that they have authority to bind the respective parties thereto. [SIGNATURE PAGE FOLLOWS] 9 857166.3 IN WITNESS WHEREOF, LICENSOR and LICENSEE have caused this License Agreement to be executed on the date and year first written above. LICENSEE: HAMILTON OAKS AT SAN YUAN, LLC By: HAMILTON OAKS VINEYARD & WINERY,INC., Manager By. on Tamez, President LICENSOR: CITY OF SAN JUAN CAP[STRANO, A Califo municipal corp anon By: L Cram ayo M o 's City Clerk APPRnOVED AS TO FO PPU 6 Omar Sand al, City Attorney Attachments: Exhibit A—Description of the Premises Exhibit B—Site Plan Exhibit C—Estimated Improvements 10 857166.3 � • ,•3' � f f � n A '. � ' ,m ; .: �, c � �' ;+K'r' ! .y a} � �� ate' - R A � = R 1� :6 �.J.< F. .}' CYT � �R'J6 ,� JJ 8§ N � 7C S � .Qi-+ O) 9P o _ � � mit n�s ' �a ,z� _ a � � max' � . . -"$�- � _ � 0 0 Q O w z ;J 0 (D 531 w O OO ;D O O O __ 00 gi 03 O jg� o mw4 LLI — gs T LU W _�� -- PRELIMINARY SITE PLANrJ-' CL Estimated Improvements to be Completed by Licensee 1. In the event something would evolve that would put the tenantfowner of Hamilton Oaks In a position of selling the business,Ieasegloense would be transferable to new owner. 2. A map was found(copy attached)stagng the dimensions of the rectangle borderlines of the property,tenant has marked them for the City as specified on the map;the house property line goes out Into the Open Space circular driveway approximately 17 feet from the Stop Sign,therefore,there is no marker on that comer. 3. Signage in town as discussed in meeting done by City at Tenants expense. 4. Signage on road as discussed in meeting. 5. Entrance gate to parking area to be agreed upon,per meeting. 6. It would be appreciated If City would accept a one month security deposit instead of the traditional two months since tenant Is investing a fairly substantial amount of money in property improvements and it is highly unlikely the property will be in any position of deterioration when the cost of Improvements are considered. 7. Clean up plants and trees. 8. Add the parking lot. 9. Comply with appropriate ADA requirements. 10.Fix the gate in the front and fence. 11.Add the required electrical panel for separate electricity to be utilized for the partyltent area;special events venues would anticipate handling a crowd from about 50(the cap on the house)to approximately 400. 12.Comply with adequate fire department requirements for Tenanrs specific use. 13.Comply with Health Department requirements. 14.Comply with Liquor License Board requirements. 15.List City as additional insured on$2,004,000 insurance policy. EXHIBIT C Modifications to be Completed by Licensor 1. Verify the comers of the property marked by Tenant. 2. Mark the trees which need removal by tenant • A tree survey has been completed;the trees have yet to be tagged. EXHIBIT D —� F2 DEVELOPMENT SERVICES a. CONSIDERATION OF SITE PLAN REVISIONS FOR USE OF THE HISTORIC ROGER Y. WILLIAMS/SWANNER HOUSE (HAMILTON OAKS AT SAN JUAN, LLC) FOR OPERATION OF A WINE TASTING FACILITY AND SPECIAL EVENTS VENUE • Public Correspondence: Tom Ostensen, Al King and Ken Friess, City residents. Grant Taylor, Development Services Director, provided a PowerPoint presentation and responded to questions. Public Comments: Ron Tamez, Hamilton Oaks at San Juan, LLC; Ilse Byrnes, City resident; Renne Ritchie, City resident, read a letter on behalf of Roberto Brutocao, San Juan Hiills Golf Club; Matt Gaffney, City resident; Al King, City resident; Ken Friess, City resident; Diane Carter, American Horse Products; Steve Behmerwohld, City resident; John Mastroianni, Jay's Catering; and David Belardes, City resident. Council Action: Moved by Mayor pro tem Taylor, seconded by Mayor Kramer, and carried 4-0-1 with Council Member Freese absent and Council Member Reeve opposed to direct the applicant to forward proposed Site Plan revisions to staff in order to initiate the process with City Commissions. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: Freese SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY RED ELOPMENT AGENCY BUSINESS: 1. CH REGISTER DATED JUNE 1, 2012, THROUGH JUNE 28, 2012, IN THE TOTAL MOUNT OF $96,975.64, RECEIVED AND FILED (300.30) Mayor pro t Taylor recused himself and stepped out of the Council Chamber due to proximi o his residence. Council Action: oved by Council Member Reeve, seconded by Council Member Allev ' and 3-0-0 with Council Member Freese absent and Mayor pro tem Taylor recu d to receive and file the check register. ROLL CALL: AYES: COUNCIL MEMBE - Reeve, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Fr se RECUSED: COUNCIL MEMBER: May pro tem Taylor 7 7/17/2012 cor-D•_2o 7/17/2012 1�V Effll 6 Fla City of San Juan Capistrano Agend port TO: Karen P. Brust, City M 104— FROM: Grant Taylor, Development Services Director DATE: July 17, 2012 SUBJECT: Consideration of Site Plan Revisions for Use of the Historic Roger Y. Williams/Swanner House (Hamilton Oaks at San Juan, LLC) for Operation of a Wine Tasting Facility and Special Events Venue RECOMMENDATION: Consider the proposed Site Plan revisions by Hamilton Oaks at San Juan, LLC, and if the City Council deems that the revisions are substantially consistent with the City's vision and Conceptual Plan for the Northwest Open Space, Phase 1, and the National Register of Historic Places, provide direction to staff accordingly. EXECUTIVE SUMMARY: The City Council previously authorized a License Agreement with Hamilton Oaks at San Juan, LLC (Hamilton Oaks) for use of the Historic Roger Y. Williams/Swanner House property to operate a wine tasting facility and special events venue (Attachment 1). The applicant now requests approval of revisions to the site development plan approved by the City Council on May 29, 2012. The main revisions include expanding the capacity of the parking lot, expanding the size of the event area, constructing a service driveway from Camino Capistrano to the event area, siting a portable restroom trailer, installing a service tent to the event center, and siting a storage container/structure. Based on staffs review, the revisions were deemed significant and beyond the decision-making authority of the Development Services Director for administrative approval.All proposed revisions require review and final approval from the City Council. DISCUSSION/ANALYSIS: The subject property referred to as the Roger Y Williams/Swanner House is located at 29943 Camino Capistrano in the "CP" (Community Park) zone. The 2.6 acres is listed on the National Register of Historic Places and is improved with a 1923 two-story, wood- framed, California bungalow-style residence totaling 2,234 square feet in area, an 18'-0" X 20'-0" detached garage, and a 12'-0" x 12'-0" water tower 35 feet in height, and the property is surrounded by a citrus orchard. City Council Staff Report July 17, 2012 Page 2 of 3 On May 29, 2012, the City Council approved the proposed Site Plan and a License Agreement with Hamilton Oaks to improve and operate the wine tasting and special event land uses. The tenant provided the security deposit and insurance, and was given the keys to the property on May 30, 2012. The approved Site Plan includes vehicle ingress/egress from the existing staging area road where 24 feet of fencing were removed to provide vehicle access to a decomposed granite (DG) or gravel surface parking area with 12 parking stalls, including 2 American Disability Act (ADA) accessible stalls. It also includes 3 rows of demonstration grape vines along Camino Capistrano south of the Swanner House, with a second vineyard located behind the parking area. ADA paths of travel traverse the property along the south edge of the residence yard leading to the portable ADA restroom by the garage. A large event area and education area would be located immediately behind and east of the 3 buildings. Staff has determined that the proposed Site Plan revisions sionificantly exceed the prior City Council approval, do not Qualify for administrative approval, and must receive City Council approval and/or further direction. The proposed revisions include an enlarged road base parking area (previously proposed for DG) from 12 to 23 parking stalls, ADA parking stalls relocated directly adjacent to Camino Capistrano, flood lights on 12-foot poles for the parking area, a 12' x 40' portable restroom trailer area with a new road base access drive and pad, additional pedestrian paths, a significantly enlarged primary event area with DG surface (previously proposed for mulch), market lights on strings mounted between the light poles, a 21' x 21' catering area, an 8' x 40' storage container, and a new access road with road base surface north of the residence. The proposed revisions appear to require the removal of an undetermined number of additional Valencia Orange trees. Staff has identified concerns with the proposed Site Plan revisions (Attachment 2 and 3). FISCAL IMPACT: The License Agreement has an original term until June 30, 2017, which may be automatically extended for one additional five-year period. Base revenue for the first year would be $40,000 and can be up to $72,000 for the tenth year revenue. In addition, to the base monthly fee, the tenant shall pay 3% of his gross revenues in excess of $1,200,000. The applicant has also posted a security deposit and paid a $3,000 developer deposit for the Site Plan Review process and the City has made several repairs to the residence and property in an amount undetermined at this time. ENVIRONMENTAL IMPACT: Environmental review will be conducted after City Council's direction on the proposed revisions. City Council Staff Report July 17, 2012 Page 3 of 3 PRIOR CITY COUNCIL REVIEW: • On February 7, 2012, the City Council directed staff to solicit and accept land use proposals and forward to appropriate Commissions. • On March 20, 2012, the City Council reviewed three proposals and directed the City Manager to proceed with negotiations with Hamilton Oaks for a License Agreement and directed staff to pursue further Commission reviews as deemed appropriate. • On May 29, 2012, the City Council approved a Site Plan and a License Agreement with Hamilton Oaks (Attachments 4 and 5). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: • Cultural Heritage Commission — February 18 and April 24, 2012 • Parks, Recreation and Senior Services Commission — March 19 and May 7, 2012 • Open Space, Trails and Equestrian Commission — March 5, and May 7, 2012 See Attachment 4 for recommendations. NOTIFICATION: Ron Tamez, Hamilton Oaks at San Juan, LLC Jay's Catering Al King Tom Ostensen Ken Friess ATTACHMENTS: Attachment 1 — License Agreement Attachment 2— Proposed Site Plan Development Revisions Attachment 3—Outdoor Lighting Specifications Attachment 4—City Council Staff Report Dated 5/29/12 Attachment 5—City Council Minutes 5/29/12 ENCLOSURES: Enclosure 1 — Proposed Site Plan Development Revisions Enclosure 2—City Council Approved Site Plan ix ecv44 5--30- 12 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is entered into effective as of May 30, 2012 ("Effective Date"), between CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("LICENSOR'), and HAMILTON OAKSAT SAN JUAN, LLC, a California limited liability company("LICENSEE"). RECITALS WHEREAS,110ENSOR is the owner of approximately 2.6 acres of property located at 29943 Camino Capistrano, in the City of San Juan Capistrano, County of Orange, generally described as Assessor's Parcel Number (APN) 121-050-03, and commonly known as the Roger Y. Williams House, otherwise referred to as the "Swanner House" which was acquired to be maintained as open space with a historic residence, depicted in the attached Exhibit A and (� hereinafter referred to as the"Premises";and WHEREAS, LICENSEE desires to use the Premises for the operation of a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages), and social events(including weddings and other celebratory gatherings). LICENSE NOW,THEREFORE,LICENSOR and LICENSEE do hereby mutually agree as follows: Seetion 1. Grant of LicenselTerm. a. Grant of License. LICENSOR hereby grants to LICENSEE a license to establish and maintain a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages),and social events(including weddings and other celebratory gatherings)on the Premises, as depicted on the site plan attached hereto as Exhibit B and incorporated herein by reference. LICENSEE shall provide the expertise, supervision and management over the operations,activities and uses authorized herein. Except as otherwise provided in this License, the Premises shall not be used for any other purpose. b. Term. 1. Original Term. The initial term of this Agreement shall commence on the Effective Date through and until June 30,2017(the"Original Term"),unless sooner terminated as provided for herein. 2. Renewal Term. The term of this Agreement shall automatically be extended for one additional five-year period beyond the Original Term provided that LICENSEE is not in breach and has satisfactorily complied with all the terms of this License, unless LICENSEE provides written notice of non-renewal to LICENSOR at least 180 days prior to the expiration of 1 as»�� ATTACHMENT 1 the Original Term. The additional five-year term shall be referred to herein as the "Renewal Term." Section 2. License Fee. LICENSOR shall receive from LICENSEE a license fee based on the following schedule: a. For the Original Ten%the license fees-shall be as follows: Year Monthly Fee Annual Ia Month May 30-June 30,2012,no charge $0 IN year $4,000 per month;first two months no charge $40,000 2'"1 year $4,000 per month for 12 months $48,000 3`d year $4,500 per month for 12 months $54,000 4th year $4,500 per month for 12 months $54,000 5th year $5,000 per month for 12 months $60,000 In addition to the foregoing base monthly fee,LICENSEE shall pay three percent(30/0)of its gross revenues in excess of$1,200,000 per year for all activities on the Premises commencing July 1,2012. b. For the Renewal Term,the license fees shall be as follows: Year MonthlX Fee Annual 61,year $5,500 per month for 12 months $66,000 7*year $5,500 per month for 12 months $66,000 year $6,000 per month for 12 months $72,000 91,year $6,000 per month for 12 months $72,000 10`x'year $6,000 per month for 12 months $72,000 In addition to the foregoing base monthly fee,LICENSEE shall pay three percent(3'/0)of its gross revenues in excess of$I,200,000 per year for all activities on the Premises. C. Shy Deposit. LICENSEE shall deposit four thousand dollars ($4,000) with LICENSOR, prior to taking possession of the Premises pursuant to this License. The deposit shall serve as security for LICENSEWs faithful performance of its obligations under this 2 837166.3 License. If LICENSEE fails to pay Rent, or otherwise Defaults under this License, LICENSOR may use,apply or retain all or any portion of said deposit for the payment of any amount already due to LICENSOR, for License Fees which will be due in the future, and/or to reimburse or compensate LICENSOR for any liability,expense,loss or damage which LICENSOR may incur by reason thereof. If LICENSOR uses or applies all or any portion of the deposit, LICENSEE shall, within 10 days after written request from LICENSOR, deposit additional security with LICENSOR sufficient to restore said deposit to the full amount required by this License. LICENSOR may require an additional deposit up to double the current deposit amount (or $8,000)in the event LICENSOR determines that the original deposit amount is not sufficient to secure LICENSEE's faithful performance, should any liability, expense, loss or damage occur with respect to the Premises or LICENSEE's obligations under this License. The deposit shall not be required to be maintained separate from LICENSOR's general accounts. Within ninety (90)days after the expiration or termination of this License,LICENSOR shall return that portion of the deposit not used or applied by LICENSOR. LICENSEE shall not be entitled to any interest on the deposit. d. Payment of Cross Revenue Fees:Accounting. Payment of the gross revenue fee shall be due within thirty(30)days of the close of fiscal year of LICENSOR(July I through June 30*). LICENSEE shall maintain detailed records of gross revenues for all activities on the Premises for the purpose of allowing LICENSOR review and audits of same. LICENSEE shall allow LICENSOR to review LICENSEE's records and/or LICENSEE shall submit to an audit at any time provided LICENSOR gives LICENSEE thirty (30) days advanced written notice of same. e. LICENSEE Improvements and Investment. The foregoing fees are not inclusive of improvements and investments made by LICENSEE to/for the use of the Premises, for which there shall be no credit or set off against the foregoing fees. A list of the estimated improvements and investments, which improvements are subject to review and approval by LICENSOR's Planning and Building Departments,is attached as Exhibit C. Section 3. Scope of License and Conditions,Requirements and Limitations Thereof. a. Permissible Uses. LICENSEE may use the Premises for maintaining a demonstrational vineyard and wine tasting, along with the educational and social gathering programs,food and beverage services(including alcoholic beverages),and events first described above. LICENSEE shall be responsible for the supervision and management of every aspect of its operations on the Premises. LICENSEE shall use and maintain the Premises and perform all operations in a competent manner, consistent with the standards of the industry and in accordance with all applicable Federal, State and local regulations, including the City of San Juan Capistrano Municipal Code. LICENSEE shall obtain, at its sole cost and expense, all governmental permits and authorizations of whatever nature required by any governmental agencies having jurisdiction over LICENSEE's use of the Premises. LICENSEE may install a sign on the water tower subject to review by the Design Review Committee and final approval by the City Council. LICENSEE shall further submit for LICENSOR's approval a parking management plan for events at the Premises. 3 asr�aa.s b. Condition of Premises. Subject to completion of those modifications to, or work on, the Premises. to be performed by LICENSOR listed in and attached as Exhibit D, LICENSEE accepts the Premises in its present condition,"as is",upon execution of this License. LICENSOR makes no warranty of the suitability of the Premises for LICENSEE's intended uses and expressly disclaims any warranty or representation with regard to the condition, safety, security or suitability for LICENSEE's,intended use of the Premises. The duly authorized representative of LICENSOR may enter upon the Premises and all structures and buildings thereon,or any portion thereof,at any time,and from time to time. In the event that LICENSEE cannot obtain all necessary approvals to operate its business as intended by this License prior to August 31, 2012, LICENSEE may terminate this License without further liability by giving notice to LICENSOR that LICENSEE, provided that LICENSEE has diligently pursued the approvals and has not itself caused delays in the processing of same. C. Maintenance of Premises. LICENSEE may use the existing structures on the Premises for LICENSEE's use. LICENSEE shall maintain, at LICENSEE's expense, the Premises, including all existing structures and all equipment owned and furnished by LICENSEE, in a reasonable state of repair and working order. LICENSEE agrees, at LICENSEE's expense,to use reasonable care to control all weeds growing on the Premises;keep the Premises clean of trash, debris and rubbish; and to keep fences, ditches, landscaping and borders of the Premises in good condition and repair at all times, reasonable wear and tear excepted. d. i s. LICENSEE will fully and promptly pay for all materials joined or affixed to the Premises under the authority or direction of LICENSEE, and fully and promptly pay all Persons who perform labor upon said Premises. Licensee shall not suffer or permit to'be filed or enforced against the Premises,or any part thereof,any mechanics',materialmen's,contractors',or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or construction work,or out of any other claim or demand of any kind. LICENSEE shall pay or cause to be paid all such liens,claims or demands, including sums due with respect to atop notices,together with attorney's fees incurred by LICENSOR with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend LICENSOR from all obligations and claims made against LICENSOR for the above described work, including attorney's fees. LICENSEE shall furnish evidence of payment upon request of LICENSOR. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to LICENSOR in compliance with applicable California law. If LICENSEE does not discharge any mechanic's liens or stop notice for works performed for Licensee, LICENSOR shall have the right to discharge same(including by paying the claimant),and LICENSEE shall reimburse LICENSOR for the cost of such discharge within ten (10) business days after billing. The provisions of this subsection shall survive the termination of this License. e. Third Party Liab l ty. LICENSEE shall be responsible and liable for all acts and omissions of all of LICENSEE's contractors, agents, employees, representatives and any other person or party entering upon the Premises under the authority or color of this License. f. Point of Sale Requirement. LICENSEE shall designate the Premises as the Point 4 as71".3 of Sale for sales tax purposes for all sales subject to the California Bradley-Burns Sales and Use Tax and events that occur on the Premises. Therefore,principal negotiations and all reservation processing for the Premises should take place within the City of San Juan Capistrano at a dedicated office on the Premises. g. Public Events Reserved to LICENSOR. In addition to the foregoing conditions, LICENSEE will provide LICENSOR with the option of reserving three(3)annual event dates to benefit the public, as determined in LICENSOR's sole discretion, without charging a rental fee for the Premises. However, LICENSOR will be responsible for any fees incurred for subcontract services required for LICENSOR's events, including but not limited to valet service, rental of portable restrooms, security services (if required), catering, and similar services. LICENSEE and LICENSOR will mutually agree on the three annual event dates. LICENSOR shall be given priority in the selection of available event dates not more than 90 days from the date of request and LICENSEE shall be given priority in all other instances in order to allow LICENSEE to maximize the use of the Premises as provide for in this License. Section 4. No Assignments. LICENSEE shall not voluntarily, involuntarily or by operation of law assign, sublet, transfer, mortgage or otherwise encumber all or any part of the Premises,or any interest therein, without the prior written consent.of LICENSOR. Any attempted assignment, sublet or transfer made in violation of this provision shall be null and void. Notwithstanding the foregoing, LICENSEE may enter into an exclusive agreement to provide catering services on the Premises without violating this License. Section S. Utilities. LICENSEE will be solely responsible for providing all water, sewer, electricity, telephone, Internet, refuse collection, gas, landscape maintenance, and other necessary utilities for the use and operation of the Premises. Section 6. Time of the Essence. Time is of the essence of each and every provision,covenant,and condition herein contained and on the part of LICENSEE and LICENSOR to be done and performed. Section 7. Site Modifications. Any modifications to the Premises,other than those specifically provided for in this License will require prior approval of the San Juan Capistrano City Council. Additionally, any site modifications approved in concept by the City Council will be subject to all applicable City of San Juan Capistrano design guidelines and permitting processes. Section 8. Default. a. If LICENSEE defaults in the payment of the license fee, or any additional 5 857166.3 applicable license payments, or defaults in the performance of any of the other covenants or conditions hereof, LICENSOR may give LICENSEE written notice of such default and if LICENSEE does not cure any such default within thirty (30) days, or such other time period as specified in the notice of default, after the giving of such notice, then LICENSOR may immediately terminate this License. The notice shall specify in reasonable detail the nature and extent of the default. If the nature of LICENSEE's obligation is such that more than thirty (30) days are required for performance, then LICENSEE shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. If LICENSOR terminates the License pursuant to this Section, then, on the date specified in the notice of termination, the term of this License shall terminate, and LICENSEE shall then quit and surrender the Premises to LICENSOR, but LICENSEE shall remain liable as hereinafter provided. If this license shall have been so terminated by LICENSOR, LICENSOR may at any time thereafter resume possession of the Premises by any lawful means and remove LICENSEE or other occupants and their effects. b. If LICENSEE breaches any covenant or condition of this license, LICENSOR may, on reasonable notice to LICENSEE (except that no notice need be given in case of emergency), cure such breach at the expense of LICENSEE. The reasonable amount of all expenses, including attorney's fees, incurred by LICENSOR in so doing shall be deemed additional fees payable on demand. Section 9. Termination Due to Bankruptcy or Insolvency. In the event proceedings in bankruptcy are commenced by LICENSEE, or LICENSEE is found to be in a state of insolvency, then in such.event, LICENSOR shall have the right to terminate this License and all further rights and obligations thereunder, by ten (10)days' notice in writing to LICENSEE, in which event, on the expiration of the ten(10)days from mailing of the notice, this License shall automatically terminate. Sectlan 10. Compliance with Law& LICENSEE's use of the Premises hereunder shall be conditioned upon LICENSEE, at its sole cost and expense: & Maintaining all necessary licenses and/or permits from all appropriate public and/or governmental agencies with respect to such use (and LICENSEE shall provide copies of the same to LICENSORupon any request therefor); b. Complying with each and every federal, state or local law (including the City of San Juan Capistrano Municipal Code), regulation, standard, decision of court, ordinance, rule, code, order, decree, directive, guideline, permit or permit condition, together with any declaration of covenants,conditions and restrictions which have been recorded in any official or public records with respect to the Premises or any portion thereof,each as currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to the Premises; 6 857166.3 Section 11. Notices. Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served,or forty-eight(48)hours after being deposited in the United States mail, first class,postage prepaid, addressed to the intended party at: LICENSOR: City of San Juan Capistrano Attn.:Karen P.Brust,City Manager 32400 Paseo Adelanto San Juan Capistrano,CA 92675 LICENSEE: Hamilton Oaks at San Juan,LLC Attn.:Ron Tamez 31111 Hamilton Trail Trabuco Canyon,CA 92679 Section 12. Attorneys' Fees. In the event any legal action or proceeding is commenced to Interpret or enforce the terms of, or obligations arising out of this License, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees,costs and expenses incurred by the prevailing party. Section 13. Surrender of Premises. LICENSEE shall,at the termination of this License, vacate the Premises in as good condition as they are in at the time of entry thereon by LICENSEE. Upon vacating, LICENSEE shall leave Premises free and clear of all rubbish and debris. Nothing In this License shall require LICENSEE to remove any of the improvements listed on Exhibit C or approved by LICENSOR in accordance with the provisions of this License. Section 14. Insurance. LICENSEE shall maintain during the term of this License comprehensive general liability insurance,including automobile coverage and blanket contractual liability coverage,with respect to the Premises and the activities of or on behalf of LICENSEE, including personal injury and property,damage for not less than Two Million Dollars ($2,000,000) combined single limit bodily injury,death and property damage liability per occurrence,or the current limit of liability carried, whichever is greater, and worker's compensation insurance to protect LICENSEE and LICENSOR from any claim made or action brought by any person or entity arising out of or related to LICENSEE's use of the Premises thereafter or arising out of or connected in any way asrie�� 7 with the acts of LICENSEE undertaken pursuant to this License. LICENSEE shall provide that the policy or policies of insurance shall be primary and shall name LICENSOR(and all of their elected officials, officers, directors, agents, representatives, managers and employees) as an additional insured, with the provision that any other insurance carried by LICENSOR shall be noncontributing and shall waive all rights of subrogation. LICENSEE shall furnish LICENSOR with a Certificate of Insurance and Additional Insured Endorsement as evidence of such policy or policies. Section 15. Hazardous Substances. LICENSEE shall not use, store or transport any hazardous substances on or onto the Premises; and LICENSEE shall repair, remediate and/or restore any condition attributable to or arising from the some. Section 16. Indemnification. LICENSEE shall indemnify, defend and hold harmless LICENSOR (and all of their elected officials, officers, directors, agents, representatives, managers and employees) from and against all liabilities, claims,damages, losses and expenses of any nature whatsoever(including,but not limited to any costs or expenses for attorneys' fees and all incidental or consequential damages) arising out of LICENSEE's use of the Premises or otherwise arising out of the acts or omissions of LICENSEE hereunder. Section 17. Taxes. Pursuant to Revenue & Taxation Code §107.7, should a property interest be created herein, it may be subject to property taxation and LICENSEE may be subject to property taxes levied on such interest. In no event shall LICENSOR be liable for any taxes owed as a result of this License or LICENSEE's use of the Premises. Section 18. No Relocation Benefits. This License is not intended to convey.a property interest but to permit LICENSEE to use the Premises as provided for herein. LICENSEE acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and,notwithstanding any other provision of this License, expressly waives all such past, present and future rights, if any, to which LICENSEE might otherwise be entitled from LICENSOR with regard to this License and the business operated on the Premises. LICENSEE shall not be entitled to relocation assistance, relocation benefits,or compensation for loss of goodwill upon the termination of this License. Section 19. Entire Agreement. The terms in this License constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 8 8571663 Section 20. Miscellaneous. a. This License may be modified only by written instrument executed by both parties hereto. b. This License is entered into for the sole protection and benefit of LICENSOR and LICENSEE. C. Any failure by LICENSOR to insist upon a strict performance by LICENSEE of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof. d, This License shall be governed by the construed in accordance with the laws of the State of California. e. The parties executing this License warrant that they have authority to bind the respective parties thereto. [SIGNATURE PAGE FOLLOWS] 9 SS7166.3 IN WITNESS WHEREOF, LICENSOR and LICENSEE have caused this License Agreement to be executed on the date and year first written above. LICENSEE..: HAMILTON OAKS AT SAN JUAN, LLC By: HAMILTON OAKS VINEYARD & WINE"sRY, 1NC., Manager on Tamex, President LICENSOR: CITY OF SAN JUAN CAPISTRANO� A California unicipal co oration B Mayor A E ' 4_4 tt ' OF. tity Cl rk APPROVIs'U AS TO FO UKOMIM&Iri � _ Omar Sand val,City Attorney Attachments: Exhibit A--Description of the Premises Exhibit B—Site Plan Exhibit C—Estimated Improvements 10 i�r i � F -]!_4%t`3�' d .,f »� "jar,.�i. r;Z � '� T sem' ',�..""�:s � �+.. !. Y 7 sa .r � '�.11 Kms..- a �\ �� _ ' ii �� .�'� W a7 �� + j rt tic. t p p } c .2 m � � ,� � s e.r�y{°i"yr��z?g [-� 2 is ,s a p � �e w -� _ , (D e� � � ! . ys � i w X L � -: e 9 � 8 9 '�. �a n �h.. . 9 t _ y � i y-� ., �"- � - _� 3;5" n a — .; I - _ r UENEMENJTES D YHA o on 04 MO �. w a: _ w in - W PRELIMINARY J a 1. in the event something would evolve that would put the tenanVowner of Hamilton Oaks In a position of seMV the business,teasemoense would be tree to new owner. 2. A mep was t and(copy al a c the moons of the nxtangle bonia nes of the property,tenant has marked them for the Cly as spud on the msp;the house properly tine goes out into the Open Spaoe circular drtveway app almataly 17 feet from the Stop Or,thwebrs,there Is no marker on that wnsr. 8. Stgnage In town as dimmsed in nreeth g done by Cly at Tenants eVense. 4. SOW on road as disamsed In meeting. 5. Enb w=gnte to parldr8 area 10 be agreed upon,per meting. 0. u would be appreciated If Cly wouM accept a one month sewly deposit Instead of the h adidanal two monthe since grant Is kwedng a fatty au tenial amount of money In property tmprovemerhts and It Is highly unik*the property wflI be In any •• position of detaftrallon when the cost of improvements are constdwW. 7. Clean up plants and trees. S. Add the parking lot. g. Ccmply withh appropdate ADA regtd wne nts. 10.Fbc the gate In the front and Woe. 11.Add the requlmd elecbtcat panel for ap uste deli*to be Mood for the parylflent area;special events venues would anticipate handling a crowd from about 50(the cap on the house)to appy *ndelyr 400. 12.Comply with adequate Are depa4 meet requirements for TenenCs q=Mc use. 18.Comply wlth Health Department requkements. 14.Complywith Liquor Lloerme Board requiremmnts. 16.List Cly as additional insures on$2,000,000 hwirence policy. EXHIBIT C Page 13 IlRcd actions to be Completed by Ucensor 1. Verity the comers of the property marked by Tenant. 2. Mark the trees which need removal by tenant • A tree survey has been completed;the trees have yet to be tagged. EXHIBIT D Page 14 SWANNER HOUSE PROPOSED SITE PLAN REVISIONS 1) Parking Area Enlarged With Road Base Surface: The approved site plan identifies 12 parking stalls with 2 ADA stalls behind the row of vines on Camino Capistrano. The proposed site plan identifies 23 parking stalls, 2 ADA stalls directly abutting Camino Capistrano, with the vines partially removed. The visibility of the ADA stalls on Camino Capistrano with no landscape buffer may not be acceptable. City Council may want to direct the applicant to retain the ADA stalls and vines in the previously approved locations to provide buffering from the street. 2) Flood Lights on 12' Poles: The approved site plan does not identify parking lot lighting. The proposed site plan identifies 3 flood lights mounted on top of 12' high poles. Flood lights in open space areas may be excessive and Council may want to consider lower volume gooseneck lights or lights on bollards. 3) Portable Restrooms 12' X 40' with Road Base Access Drive and Pad: The approved site plan only identifies one portable ADA restroom near the garage. The proposed site plan identifies the portable restrooms in the orchard behind the parking lot with a road base access for delivery and service. The angle of the restrooms and access road would make ingress/egress difficult. Council may want to consider changing the angle of the restrooms and access or have the entrance to the parking lot relocated further west of Camino Capistrano. ADA restroom near garage would remain. 4) Additional Pedestrian Paths: The revised site plan includes additional pedestrian paths from the portable restrooms to the event area and parking lot. No staff concerns. 5) Event Area Significantly Enlarged with DG Surface: The approved site plan illustrates an event area directly behind the three buildings with an educational area. The proposed site plan shows an event area approximately twice as large (no dimensions or square footage) with a relocated education area in the orchards. The revised event area may encroach into the leach fields, appears to remove additional Valencia Orange Trees, and proposes a DG surface instead of mulch. A parking and traffic management plan has not been submitted. 6) Event Area Market Lights on Strings: The approved site plan does not identify event area lighting. The proposed market lights are low intensity, decorative and appropriate for special events. 1 ATTACHMENT 2 7) Catering Area 21' X 21': The approved site plan does not identify a catering area. The revised site plan shows the catering area at the north end of the event area. The catering area can be appropriate but does not define as a tent, structure, or what uses would be conducted. 8) Storage Container 8' X 40': The approved site plan shows no outside storage areas or containers. The revised site plan identifies a storage container just north of the residence in the orchards. The container height, material and color are not identified. A sea cargo type container or other outside storage container or structure may not be appropriate in the open space. 9) New Access Road: The revised site plan shows a new access road north of the residence with road base surface 10' in width'running from an existing gate, through the orchard to the catering area. This road may require removal of Valencia Orange Trees, does not have an access radius at the entrance, and may pose site distance concerns. Staff is requesting that the City Council provide direction on the above-identified proposed revisions. 2 BLI Lighting Specialists•800-245-5874 15275 Minnetonka Blvd Minnetonka,MN 55345 n s:nr a 94r. Monday-Friday 7.30 AM to 4-.30 PM CST a Nama You Can Tmat C t Service: txf.t { 1 fel ':L 'B vomer+ l'hi.a i.a Cmegnr} spuifr Se.uih l i:. 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Light Strings �kn Commercial I �� Bantam: a(H"iliFlI $ & ",:m Page 1 ATTACHMENT 3 l.n F{�� .�� f E ♦ B 100 watt metal halide flood (FL10-100-MHQ) Reg.Price:-:::-:;i Sale Price:905.00 - Hnme Save:$25.00 Contact : Quantity: ff—p81khW Lot Pdn Krtz t Lighbrg Fhtunn ETM Street Lghfng — Wall Packs Details: Flood Lighb M , d Size Food H9h Ory.LSMs-� _ _ _ Femme, fflas'6,y Lgm,_ The 10d Sin Flood is LI listed for wet ff locT L7 apemaes allow easymsnibuouofphmo Peikino Lot ughll 1 Mi=d senvus¢wart r.11 n egu:pped swh a heasc �� dmn ,,nvlmolwiwhxh pro,ides duttrirwl i1mbihp �s_'�"'mer<ai Frtares f HID Boll A _ Housing Lgnt lwlbs Thr houtme n summfacnued of hea,dutc de cast r olmmnvn and n po admcoxed dart brma,with a r- M _ temperab ed s%hinged door.The tisnue lu,s au auodi cd fiW- R alnumuonre0ecmr ann d mmsn:«and dun proof. place p" q der I Orhm colonare aeaslnble upon«msest Tladav!:!(' Applications IS09002 ccrgau7rn �L inlnll bdlbnacd% Lmuttcapr lighting 92 Accent lichma l Apmmnn comple es Securit,iighutg 10 ACCeiiJdei � —B.B �f HLrt Pene:Nnm Hae>:;¢n = _ Bcxra?waeal Glsse Soloct on approprioto oholco rrom onch column D-175-MH-MSF-MT-PC Page 2 5/29/2012 AGENDA REPORT C TO: Karen P. Brust, CityA anPtervices FROM: Grant Taylor, Developme Director SUBJECT: Consideration of a License Agreement for a Wine Tasting and Special Events Venue at the Historic Roger Y. Williams-Swanner House on a 2.6 Acre Property Located at 29943 Camino Capistrano RECOMMENDATION: Consider and approve the wine tasting and special events venue license agreement with Hamilton Oaks at San Juan, LLC. BACKGROUND: The subject property, commonly referred to as the Roger Y. Williams-Swanner House or "Swanner House," is located at 29943 Camino Capistrano in the "CP" (Community Park) zone district. Because of its association with historic families, the historic agricultural economy, and most notably the building architecture, the property is listed on the National Register of Historic Places. The property listed on the National Register comprises 2.6 acres in area. The property is improved with a 1923 two-story, wood- framed, California bungalow-style residence totaling 2,234 square feet in area, an 18'-0" x 20'-0" detached garage, and a 12'-0" x 12'-0" water tower 35 feet in height and the property is surrounded by a citrus orchard. The General Plan Land Use Policy Map designates the property as 1.3 Community Park" and the "CP" (Community Park) Zone District designation is consistent with the General Plan designation. The General Plan states: "The Community Park designation provides for major active recreation sites, including large multipurpose fields for community events and informal recreation, sports fields and courts, concessions, maintenance/support facilities and caretaker facilities." On February 7, 2012, the City Council directed staff to solicit and accept land use proposals and forward the wine tasting and special events concept to appropriate Commissions for comments and recommendations. On March 20, 2012, the City Council reviewed three proposals for use of the Swanner House property to include Hamilton Oaks Vineyards, Napa South Wine Tasting, and Orange County Arts Center. The City Council also reviewed and considered comments and recommendations from the Cultural Heritage Commission, the Open Space, Trails Pagel ATTACHMENT 4 Agenda Report Paae 2 May 29. 2012 & Equestrian Commission and the Parks, Recreation & Senior Services Commission. The City Council unanimously favored the Hamilton Oaks Vineyards proposal, and directed the City Manager to proceed with negotiations for a license agreement and directed staff to pursue further Commission review as deemed appropriate. DISCUSSION &ANALYSIS: The Hamilton Oaks Vineyards proposal as proposed in March 2012 included wine tasting and special events including weddings, planting of demonstration vines, providing educational opportunities, installing a parking lot, implementing ADA Improvements, a five-year lease with one five-year extension option, $3,000 monthly rent, and hours of operation. The City Manager negotiated license payments starting at $4,000 and increasing to $6,000, a 50% Increasing over time with a participation In gross revenues of 3 percent in excess of$1,200,000 of sales annually. The 2.6 acre property was approved for the National Register of Historic Places in 2006, and use of the property would need to be consistent with the Secretary of the Interior Standards. Any renovation or alteration of the existing structures could not occur unless deemed consistent by the City with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." However, Hamilton Vineyards proposes no exterior alterations. Furthermore, the citrus trees, which are an Important part of the cultural landscape, cannot be removed unless dead, diseased or hazardous. Planting of demonstration vines and providing decomposed granite-surface parking areas and paths of travel are acceptable provided they are consistent with the historic character of the property. Site Plan: The site plan Identifies vehicle ingress from the existing staging area road where 24 feet of fencing would be removed to provide vehicle access to twelve parking stalls including two ADA accessible stalls that would be marked with railroad tie wheel stops. The removed fence rails would be used to make a gate. The Interim general parking area would consist of DG, gravel or earth, and the ADA stalls require compacted DG leading to five foot wide ADA paths of travel also composed of compacted DG. The parking lot would accommodate the wine testing and preferred parking for events. Parking for larger events could be provided in overflow areas south and north of the Swanner House in the citrus groves or staging area. No parking would be permitted along Camino Capistrano and would be enforced by tenant security during special events. Demonstration grape vines are proposed along Camino Capistrano south of the Swanner House In three rows with an alternate vineyard located behind the parking area. The proposed vines along Camino Capistrano could pose a sight distance issue by the driveway and obstruct one ADA stall and should be reduced In length. The citrus grove would be maintained in place except any dead or diseased trees would be removed and the applicant proposes selective replanting of additional citrus trees. The proposed ADA paths of travel traverse the property along the south edge of the Page 2 Agenda Report Page 3 May 29. 2012 yard leading to the portable ADA restroom by the garage, the large event area in the rear and an education area. The ADA paths of travel also run from the ADA restroom to the front porch and also meander around trees and through a gap in the existing hedge to a straight ADA ramp leaning on the front porch. A path between the house and the water tower would be provided with railroad tie treads and risers with handrails to provide access to the rear event area. Grading and fill activities would be very minimal not to exceed six inches to provide proper drainage and parking facilities. The property is within a sensitive cultural and archaeological area and grading is discouraged. Floor Plan: The existing cellar and second floor of the Swanner House would not be open to the general public. The cellar would be used to relocate the water heater and minimal storage and the second floor would consist of tenant offices and storage, The first floor plan has virtually no alterations except to the mud room. A commercial three partition sink would be attached to existing house bibs along the south wall adjacent to the restroom. The restroom door would be locked near the sink and mobile persons could access the bathroom from the hallway. A mop sink would be installed in an existing closet. The closet adjacent to the electric subpanels in the mudroom would need to be trimmed back to provide access to the sub-panels. The Health Department has requested replacement of the linoleum floor in the mud room. Repairs and Maintenance: The City has made repairs to the Swanner House to include an electrical breaker, wires, outlets, light fixtures, porch molding, removed abandoned pipes, and patched a hole In the garage. The City has performed a tree Inventory and will tag any dead or diseased trees for removal. The tenant Is responsible for maintenance of all existing structures and equipment, landscaping, orchards, provide ADA improvements, purchase and install signs subject to permits. OPERATIONAL ISSUES: Septic System: The septic system is In good operational condition but is sized for residential use to serve a single household, and is not capable of accommodating special event/commercial use. The City's Development Advisory Board determined that the septic system can accommodate the wine tasting facility but special events would require additional portable restrooms consistent with the attached industry standards for attendance and event time duration. The Open Space, Trails & Equestrian Commission has recommended that the City Council authorize use of Open Space Bond funding for Phase 1A in the Northwest Open Space to connect the residence to the Moulton Niguel sewer line which parallels the west side of the Southern California Regional Rail Authority (SCRRA) railroad. The sewer line is located approximately 500 feet east of the property and staff estimates the cost of such an extension to be in the $40,000 to $50,000 range. A significant part of the cost would be for "jacking and boring"the sewer line underneath the railroad. Page 3 Agenda Report Page 4 Mav 29. 2012 Parking: The existing split rail fence would have three sections and two posts would be removed to provide a 24 foot vehicle access and the fence materials used to create a fence to secure the property after hours. The general parking lot could be pea gravel with the ADA stalls and path of travel DG with a binder. Grading should be very minimal to include grubbing and no greater than six inches depth. The City should consider a maximum attendance cap for special events based. on a parking management plan that includes valet parking. The operator will be required to prepare and submit a Parking Management Plan for City review that would be sufficient to accommodate special events. Staff has advised the operator that City's Northwest Open Space equestrian staging area, for a fee, could be considered or the operator could pursue an agreement with commercial and institutional property owners to the south along Camino Capistrano. raffic: The operator has been advised by City staff that absolutely no parking shall be allowed along Camino Capistrano or in the City owned tree farm area across Camino Capistrano from the Swanner property. With access to the parking lot proposed via the Northwest Open Space entrance, which has been designed to accommodate large truck/trailer standards-striping left tum pockets Into the parking area would probably not be necessary. In order to maintain the character of Camino Capistrano, the City should monitor traffic movements and determine at a future subsequent date whether a dedicated left-tum pocket Is needed. Lighting: Exterior lighting should be the minimum required for safety and security. No portable exterior light stands should be permitted. The applicant is considering low Intensity lighting hung In the trees and around the perimeter of the use areas. Lighting Intensity Is required to comply with provisions in Municipal Code Section 9-3.529. Slannue: Staff recommends one wood sandblasted monument similar to the staging area entrance as a business Identification sign and two directional signs north and south of the vehicle access point providing direction to parking areas. Signage on the historic water tower Is not appropriate and should not be permitted. The tenant has Inquired about being on the City's downtown way-finding signs. It could be approved by the City Council and staff would recommend the sign to be fabricated at the tenant's cost. Special Events: The tenant Is proposing 50 to 400 people for special events including weddings. The residence Is designated a "B Occupancy" by. the California Building Code and Is limited to a maximum of 50 persons. In order to accommodate up to 400 persons outside, the City may request a parking management plan to Identify overflow parking, valet parking, and traffic circulation. Other Assencies: The tenant will be required to obtain approvals and permits from the Orange County Fire Authority, Orange County Health Department, State Alcoholic Beverage Control, in addition to various City departments. These permit approvals should be a pre-requisite required by the license agreement for the operator to secure Page 4 Agenda Report Pace 5 May 29. 2012 prior to beginning any business use of the property. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: Cultural Heritage Commission: February 18,2012 Open Space,Trails and Equestrian Commission: March 5, 2012 Parks, Recreation and Senior Services Commission: March 19, 2012 Cultural Heritage Commission: April 24, 2012 Joint OSTEC & PRSSC Meeting: May 7, 2012 Minutes from the above listed Commission meetings are provided as an attachment (see Attachments 4, 5, 6, 7, and 8). A summary of the Commission's review comments are provided as follows: Cultural Heritage Commission: 1. Supported wine tasting. 2. Supported wedding/events but should be limited in size and scale. 3. Parking constraints and need for valet parking. 4. Connection to sewer line. 5. Allow one commercial sign and two directional signs, no tower signs. 6. Ensure adequate parking. 7. Inqorporate trellis,tablesibenches In education area. 8. Support outdoor string lighting. 9. Provide landscape maintenance plan. 10.Provide adequate portable toilets. 11.Tree removals shall require arborist report. Parks. Recreatlon &Senior Services Commission: 1. Concern with tree removals. 2. Connect to sewer. 3. Provide left turn lane into parking lot from Camino Capistrano. 4. Parking may not be adequate. 5. Concern with parking circulation, may need tum around. 6. Concern with overflow parking in citrus grove. 7. Need quality portable restrooms. 8. Block driveway access and gate to garage. 9. Decomposed granite(DG) needs good binder. 10.Valet parking for special events, maybe bus/shuttle service. Onen Space.Trails. & Eauestrian Commission: 1. Designated Commissioners Ostensen and King (Northwest Open Space Working Group)to assist with City Manager and staff review. 2. Concern with overall process. Page 5 Agenda Report Page 6 May 29, 2012 3. Connect to sewer and Install Northwest Open Space Phase 1 public restroom. 4. Compatibility of proposed use with historic building and grounds. 5. Sensitive cultural and archaeological resources. 6. ADA compliance. 7. Compliance with Measure D Bond covenants. 8. Traffic and parking impacts, parking may be insufficient. 9. Financial benefits and community benefits. 10.Compatibility with Northwest Open Space Phase 1. 11.Pea gravel parking lot inappropriate, use DO or wood chips. 12.Verify educational programs. 13.No signs on structures or temporary signs. 14.Overflow parking In staging area not orchards. 15.Tenant should pay for vineyard watering. 16.Attendanoe cap on special events and provide valet parking. 17.Provide sufficient portable restrooms. 18.Power sources for special events. 19.Loading and unloading areas for special events. 20.Trash/recycling plan needed. 21.Orange County Fire Authority approval. 22.Equestrian hitching post and corrals to serve the facility. 23.Allow community events and coordinate special events with City events. ,FINANCIAL CONSIDERATION& The draft license agreement is attached to this report and the term and license fees are as follows (Attachment 2): Term: Original Term:from the "Effective Date through and until June 30, 2017, unless sooner terminated as provided for herein." Renewal Term: Automatically extended for one additional five-year period beyond the Original Term. License Fee: Ori anal Term License Fee: Year Monthly Fee Annual 11R month Ma 30-June 30 2012 no cha a n.a. lot year $4,000 $40,000 2m Year $4,000 $48,000 V Year $4,500 $54,000 4 Year $4,600 $54,000 6 Year $5,000 1 $60.000 Page 6 Agenda Report Page 7 May 29. 2012 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues in excess of$1,200,000 per year for all activities on the Premises commencing July 1, 2012. Renewal-Term License Fee: year Monthly Fee Annual 8 Year $5,500 $66,000 7 Year $5,500 $66,000 8 Year $6,000 $72,000 9 Year $6,000 $72,000 IV Year f $6,000 $72,000---d In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues In excess of$1,200,000 per year for all activities on the Premises. In addition to the above license fees, the agreement indicates Ucensee will deposit $4,000 security deposit. The tenant has also offered to allow the City to conduct three public events with 90 days prior notice at the Swanner House. NOTIFICATION: Ron Tamez, Hamilton Oaks Vineyard &Winery, Inc. RECOMMENDATION. Consider and approve the wine tasting and special events venue license agreement with Hamilton Oaks at San Juan, LLC. Submitted by, Grant Taylor, Development Services Director Page 7 Agenda Report Paoe 8 May 29. 2012 Attachments: 1. PowerPoint Presentation (5 maps/plans) 2. Proposed License Agreement 3. 3/20/12 City Council Meeting Minute's 4. 2/28/12 Cultural Heritage Commission Meeting Minutes 5. 3/5/12 Open Space, Trails&Equestrian Commission Meeting Minutes 6. 4/24/12 Cultural Heritage Commission Meeting Minutes 7. 3/19/12 Parks, Recreation &Senior Services Commission Meeting Minutes B. 5/7/12 OSTEC/PRSS Joint Meeting Draft Minutes 9. Portable Restroom Recommendations(Duration and Attendance) 10.National Register of Historic Places Registration Form Enclosures: 1. Site Plan 2. Floor Plan Page 8 MINUTES MAY 29,2012 ADJOURNED REGULAR IN FETING CITY COUNCIL L Mayor Kramer called the Adjourned Regular Meeting of the San Juan Capistrano C(ty Council to order at 10:11 a.m. in the City Council Chamber. Mayor pro tem Taylor led the Pledge of Allegiance. ROLL CALL COUNCIL MEMBERS/DIRECTORS PRESENT: Laura Freese, Derek Reeve, Sam Allevato, Mayor pro tem John Taylor and Mayor Larry Kramer COUNCIL MEMBERSIDIRECTORS ABSENT: None ORAL COMMUNICATIONS: None DISQUSSION ITEMS: 1. LICENSE AGREEMENT WITH HAMILTON OAKS VINEYARD & WINERY FOR A WINE TASTING AND SPECIAL EVENTS VENUE AT THE HISTORIC ROGER Y. WILLIAMS-SWANNER HOUSE ON A 2.6 ACRE PROPERTY LOCATED AT 20943 CAMINO CAPISTRANO.APPROVED(600.30) Grant Taylor, Development Services Director, provided a PowerPoint presentation and responded to questions. • Public Comments: Ron Tamez, Hamilton Oaks Vineyard&Winery, Inc. Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member Freese, and carried unanimously to approve a License Agreement with Hamilton Oaks Vineyard & Winery for a Wine Tasting and Special Events Venue at the Historic Y. Williams-Swanner House on a 2.6 acre property batted at 29943 Camino Capistrano; Including the fblWng: 1) add the following language under Section 1. Renewal Tema-...unless Licensee provides notice of non-renewal to Licensor at-Im&f i,SO days prior to the expiration of the Original Term. 2) add the following language to Section 3. Permissible Uses - a slam on the water toww subtest to review by the ft& &d2W Committee and gnat a wi 1 by 1he &Co�U nsee shalt further nt FY&n 1br emts U OS-28-2012 ATTACHMENT 5 2. INTRODUCTION OF FISCAL YEAR 2012-13 AND 2013-14 OPERATING FUND BUDGETS AND THE FISCAL YEARS 2012-2019 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (330.201330.40) NO ACTION TAKEN — PUBLIC HEARING SCHEDULED FOR JUNE 19, 2012 Cindy Russell, Chief Financial Officer/Treasurer, narrated a slide presentation and responded to questions. - Public Comments: Mark Bodenhamer, Chamber of Commerce. ADJOURNMENT: There being no further business, Mayor Kramer adjourned the meeting at 2:29 p.m. to the Adjourned Regular Meeting of Wednesday, May 30, 2012, at 4:00 p.m. for an Adjourned Regular meeting; and then to Tuesday, June 5, 2012, at 5:00 p.m. for Closed Sessiqn, and 1 6:00 p.m. for a public Business Session, in the City Council Chamber. Respectfull submitted, MARIA NOR IS, CITYCLERIA Approved: June 19, 2012 ATTEST: �R4R -KRAM AY R 2 05-29-2012 32400 PASEO ADELANTO iii MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)4931171 1Ununu tAURAFREESE (949)493.1053 FAX 1R11USKU 1961 LARRY KRAMER www.sanjuancapistrano.org 1776 CEREK REEVE • • JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, July 17, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Site Plan Revisions for Use of the Historic Roger Y. Williams/Swanner House for Operation of a Wine Tasting Facility and Special Events Venue (Hamilton Oaks at San Juan, LLC)" — Item No. Fla. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 16, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Grant Taylor, Development Services Director. You may contact that staff member at (949) 234-4410 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancag)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkO-sanivancar)istrano.orq. Maria Morris, CMC City Clerk cc: Ron Tamez, Hamilton Oaks at San Juan, LLC; Jay's Catering; Al King; Tom Ostensen; Ken Friess San Juan Capistrano: Preserving the Past io Enhance the Future 7117/2012 Christy Jakl Fla From: Bill Ramsey Sent: Monday,July 16, 2012 5:22 PM To: Maria Morris;Christy Jakl Cc: Karen Brust;Grant Taylor Subject: RE: Hamilton Oaks Revised Site Plan-July 17,2012-CC Agenda Item F.2.a ( Please Include in the CC Agenda packet) From: Sent: Monday,July 16, 2012 11:40 AM To: Grant Taylor; Bill Ramsey; Karen Brust Cc: Subject: Hamilton Oaks Revised Site Plan-July 17, 2012-CC Agenda Item F.2.a. (Please Include In,the CC Agenda packet Re: Hamilton Oaks License Agreement Site Plan Revisions July 17, 2012 City Council Meeting-Agenda Item F.2.a. Honorable Mayor Kramer, City Council Members and City Manager: Hamilton Oaks is proposing revisions to the Site Plan for the Wine Tasting and Event Center at the historic Swanner House property within the Northwest Open Space under the License Agreement with the City that was executed on May 30, 2012. While we support the original site plan that is incorporated into the May 30, 2012 License Agreement,we have strong reservations and do not support the proposed Site Plan revisions on the July 17, 2012 City Council agenda. We met with staff on Friday,July 13, 2012 and reviewed the proposed revisions. The revised site plan considers the following revisions: Increasing the parking from 12 to 23 spaces Adding flood lights to the parking area adjacent to Camino Capistrano Adding a 12 x 40 foot portable restroom structure Increasing the Event Center area within the historic orange grove by twice it's originally approved size Adding a 21 x 21 foot catering area Adding a 10 foot wide access driveway to the north side of the Swanner House fence area through the historic orange grove Adding a 8 x 40 foot sea cargo storage bin Changing the mulch covered areas to road base Adding string lighting to the Event Center area Relocating the Educational Area and some demonstration vineyards The proposed revised Site Plans does not have the following supporting documents: Archaeological or Native American report on impacts to the sensitive areas CECiA report i Grading plans Traffic study on the proposed new access road Photometric study on proposed lighting additions Traffic or Parking Management Plan Signage Plan The property is a significant community asset and deserves the proper review.of the City's commission and not a rush to decision by the city council without the proper vetting of the revised plan.The financial considerations of the original License Agreement should be renegotiated to include the significant changes. We suggest that the city council allow the original concept and license agreement to operate for at least a year to determine if the concept works as intended for both the applicant and the city before aggressive expansion of the site is allowed. In the alternative, if the city council wants to entertain expansion at this time, then have the applicant pay the appropriate fees, complete the required supporting reports and submit the revised site plans to the commissions for review. We support the original concept and License Agreement dated May 30, 2012 but do not support a change to the License Agreement or Site Plan without proper commission and staff review. Very truly yours, Tom Ostensen AI King Ken Friess i 711 712 0 1 2 Fla Hamilton Oaks Vineyard at the Roger Y. Williams/Swanner House Northwest Open Space CITY COUNCIL MEETING July 17, 2012 i Purpose and Intent I. Review City Council Approved Plan May 29, 2012. II. Review Proposed Plan Revisions. A.Increase parking from 12 to 23 stalls & relocate ADA parking adjacent to Camino Capistrano. B.Parking lot flood lights. C. Portable restroom with access drive. 2 Purpose and Intent D. Additional pedestrian paths. E. Event area enlargement. F. Event area lighting. G. Catering area 21' x 21'. H. Storage container 8' x 40",, I. New access road. 3 Purpose and Intent III. Open Space Compatibility. IV. Historic Compatibility. V. California Environmental Quality Act (CEQA)e VI. Questions, Comments & City Council Direction. 4 Swanner House Improvements Parking Area 12 Stalls on D.G. 23 stalls on D.G. Lights � N/A Parking: 3 Flood lights Event Area: Market string lights Event Area �� Mulch D.G. Restroom ®� 1 portable ADA 1 ADA + 4 Self contained with road Storage � N/A 8' x 40' Sea cargo container Education Area In event area Outside event area Pedestrian Paths Around house House & Orchards s City of San Juan Capistrano - Northwest Open Space JR �y Osma open scare uw+an, �cr�i —Wm,�n l� 6 -xa.,i..R.....,I- I.I-) ooe v�aewap o ,•,• -- ATTACHMENT ��\ �� I4a[+9eewnnretil ,t\.\' .� !SII, / � \. • t ug 'a R 1 9YYMot 1 Yta 'I • � BOW BuON ny 61Wog Wain • WeY Vunq N.rl \� rI .. NorthW<.eQ . Rm +.a.'�m .. 7 P...4 F6.,, 1* . ATTACHMENT 6 a.[. R.6 AcresIA S - ,1 �� f •� w aA, •O 1� • R.Y.Williams House -vgs.e]muswt..".rw¢G•u.. ""'ogrir.>•am Boundary Description �� g flfl ` Bathroom . „ Bride Room :.p 1`fl.r o ." a: Mud Room I i i >fl0 S�-UP i .bfl . Catering h� Set-up ' Meeting/Events I I I 13h Sm I Vestivulo Meeting/Events Entry Porch .a �• —� ----------------------------- FIRST FLOOR H 4/16•- t• 9 Original Approved Plan 0 0 J O O O O O O O O O O O 0 00 0 0 0 00 0 C) n ( ) O O O O O O O0 0 ,O 0 0 T O O 0 wrw�em 4.. '— . ' �wmram ro L O CAMINO CAPISTRANO— PRELIMINARY SITE PLAN TO SCALE 10 ----� 2.6 Acre National Register Boundary_ ��O �vO � O � I i O "" F O 0 � � . . 0 i I � _ I O � syr {Y�:.uu ..:© i O I � •w G OI ? OAF. ��. i 1- • Q jyHH�i i�li / �, P � ~� I , /. V .;.., ,o oo .� ' ,n.,�... ^m —��__�r__ CAMINO GAPISTRANO—' —__ _ _.____ - - .♦ _ �� .. — c.,.:��w wrae.w ' SITE PLAN � ; ' NOT TO SCALE .Proposedadditions. Prop052d PIBn 'c:�L V LII.NT-p'fl.y.� 1'1 RL ,1 I' II Y vl • . a o d ... AIIP 1 C� 1 VI l f r � f �a 11. I I yy I^ I • 1ti till Yr:•� e {,',. — r'� 'N A , f ✓IM �," r � � Prl t �� , �r Ip "arnll 1 .. I I.Y Y I I ,Mhl�l°4�a 1� y � l 11f { 1 r � I� h " I v V '+ I I "� •� r I I 1 , ,. , �; `'_�. 1 _ x, 1;;• .,�.: / �i I. QZ Y ik,. f . • � Y%'' �V :i i i a < \ . A� . . . . © Irk � fYlr a , � : y:2�/ ) ;v � u � 1 � � N 1 p � t e e y f b CL Y r� c ' • d } W Y 4 Questions, Comments & City Council Direction ? 17 7/n/ a July 17, 2012ev�2C �l tZy/ll San Juan Capistrano City Council 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mayor Larry Kramer Re: Equestrian Coalition Holding Pen at San Juan Hills Golf Club Dear Mayor Kramer and Councilpersons Allevato, Freese, Reeve and Taylor, We have been asked to update the council on the holding pen installed at our facility by the Equestrian Coalition. The holding pen has been a terrific addition to our facility and amenities. The equestrian lifestyle is a signature element in San Juan Capistrano. The presence of horses at our facility has integrated well with our business and adds an additional element of charm and ambiance. The equestrians are valued guests and their horses are enjoyed by other of our guests, both young and old. We often witness a wide eyed, admiring child or adult approach the pen and marvel at the animals. It is something that adds an additional element of community and hospitality in keeping with the spirit and roots of San Juan Capistrano. Moreover, the equestrian community have been excellent stewards. They are responsible individuals and conscientious about the condition of their animals and the pen itself. We have experienced no problem whatsoever with smell or flies, two items which were of some concern initially given that the pen is in close proximity to our guest dining patio. Although we are careful to monitor the pen for any required attention, we are pleased to report it is rarely needed as the riders diligently clean up after themselves. The City celebrates the equestrian community on its website with the tag line "Equestrian Capital of the West Coast." In our experience, the praise is well deserved and as a community we would be well served to embrace the expanded presence of our equestrian friends. Sincelely, Roberto Brutocao SAN JUAN HILLS GOLF CLUB, 32120 SAN JUAN CREEK ROAD. SAN JUAN CAPISTRANO. CA 92675 PHONE (949)493-1167 • FAX (949) 493-0866 • WWW.SANJUANHILLSGOLF.COM 32400 PASEO AOELANT'O MEMBERS OF THE CITY COUNCIL BAN JUAN CAPISTRANO.CA 92678 SAM ALLEVATO (949)493.1171 touwttl LAURA FREESE (949)493.1053 FAX • anulsR� 1961 LARRYKRAMER wmvsanjuancapistrano.org 1776 CEREK REEVE JOHN TAYLOR • • NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, July 17, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Site Plan Revisions for Use of the Historic Roger Y. Williams/Swanner House for Operation of a Wine Tasting Facility and Special Events Venue (Hamilton Oaks at San Juan, LLC)" — Item No. Fla. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 16, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Grant Taylor, Development Services Director. You may contact that staff member at (949) 234-4410 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancar)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkCaD-sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Ron Tamez, Hamilton Oaks at San Juan, LLC; Jay's Catering; Al King; Tom Ostensen; Ken Friess San Juan Capistrano:Preserving the Past to Enhance the Futum, .lr y4PI9.. 32400 Pw56o Aec Iwnio J2 ,Ir $ 00-450 A SAN JVwn CAPISTRANO Recycle 0004237364 JUL 13 20,2 MALLEO FROM ZIP CODE 92675 URlUU 1776 '��• viz juE° 2101°°pffMr��°� �\ 1 CITY CLERr SAN JUAN CAPIS N0) Virginia Repasky C — OC Arts Center P.O. Box 756 San JUz NIXIE 917 OF tDO 07 /18/ 12 RETURN TO SENDER / I ATTEMPTEDNOT KNOWN li uN;.R_E TO FORWARD / 3C 92 675360300 '0508- 01481- 13 - 38 5/29/2012 SUPPLEMENTARY AGENDA REPORT TO: Karen P. Brust, City Marr.�g) FROM: Grant Taylor, Development VServices Director SUBJECT: Consideration of a License Agreement for a Wine Tasting and Special Events Venue at the Historic Roger Y. Williams-Swanner House on a 2.6 Acre Property Located at 29943 Camino Capistrano SITUATION: At the time of the agenda posting the agenda item C1, Attachment 2 License Agreement, Exhibit A Description of Premises, had not been included and is Attachment 1 of this supplemental report. The attached Exhibit A identifies the 2.6 acres of property Boundary Description. Item C1, Attachment 8 is the regular meeting minutes for May 7, 2012. Attachment 2 of this report is the correct special joint meeting minutes for the Parks, Recreation and Senior Services Commission and the Open Space, Trails and Equestrian Commission. RECOMMENDATION: Consider and approve the wine tasting and special events venue license agreement with Hamilton Oaks at San Juan, LLC. Respectfully submitted, Grant Development Services Director Attachment: 1) Exhibit A— Description of Premises 2) 5/7/12 OSTEC / PRSS Joint Meeting Draft Minutes t _f t ' X f M1 F g e Ile e >r th� YF�M •�� eY0 '� F ,•� . . Tr %{]YpbIB.YLPkIXA.fgR6.0 .Oy.Dl,1Iuapr,v j 4 yN N "'w ` i \ • k Jw. R.Y. Williams House + 20On } CItyGIS 6.0 0 Boundary Description N Copyright 02066 All Rights Reserved, The Information"Nalnee ll is the proRletary property of the COntrlbuta suppllad under fil and may not be approved emept es licensed by Dighal Map products. ATTACHMENT SPECIAL MEETING MINUTES OPEN SPACE, TRAILS & EQUESTRIAN COMMISSION PARKS, RECREATION AND SENIOR SERVICES COMMISSION Monday, May 7, 2012 A. CALL TO ORDER: Chairman Ferguson called the special meeting of the Open Space, Trails and Equestrian Commission to order and Acting Chair Denman called the special meeting of the Parks, Recreation and Senior Services Commission to order at 6:00 p.m. B. PLEDGE OF ALLEGIANCE: Chairman Ferguson led the Pledge of Allegiance. C. ROLL CALL: COMMISSIONERS PRESENT: OSTEC Chairman Rob Ferguson Vice-Chair Ilse'Byrnes Ken Hart Al King Renee Ritchie PR&SS Acting Chair Ron Denman Steve Behmerwohld Jenny Friess Gerald Muir COMMISSIONERS ABSENT: Tom Ostensen, OST&EC (excused) Kathy Hooper, PR&SS (excused) STAFF PRESENT: William Ramsey, AICP, Commission Secretary Grant Taylor, Development Services Director David Contreras, Senior Planner Cynthia Alexander, Community Services Mgr. D. ORAL COMMUNICATIONS: None. ATTACHMENT 2 OSTEC & PRSS Special Meetina Minutes 2 May 7. 2012 E. UNFINISHED BUSINESS: 1. Consideration of Wine-Tasting and Special Events Venue Proposal at the Historic Roger Y. Williams-Swanner House: a proposal for a lease agreement to allow wine-tasting and special events at the existing residence and on the adioining 2.6 acre property located at 29991 Camino Capistrano on the Northwest Open Space (Applicant: Ron Tamez, Hamilton Oaks Vineyards) (Proiect Manager: Grant Taylor, Development Services Director). Grant Taylor, Development Services Director briefed the Commission members on the status of the project and sought comments and recommendations from the Commissioners. Commission Comments • Commissioner Behmerwohid questioned whether overflow parking could be adequately accommodated. He asked about the cost of the sewer line extension, whether the City or applicant would pay, and if it was fiscally prudent. He recommended the City not require/allow decomposed granite for the parking which based on the City's experience with the Los Rios Park. He stated that service vehicles should use the Southbound (SB) approach so that left-turns from Camino Capistrano could be minimized. • Commission Friess stated that the proposed number of parking spaces may not be sufficient to serve the wine-tasting use. She noted that the one-way access to the parking would require an adequate tum-around area. She expressed concern.about the use-of the orange grove for overflow/event parking. The proposed use of "portable toilets" were not an attractive alternative and the applicant needs to find a better solution. She stated that spending $50,000 for a sewer line extension would not be justified to serve only.the wine-tasting,-but may be appropriate for special events. • Commissioner Muir stated that the parking layout was problematic in terms of internal circulation (dead-end). Service vehicle access for the wine-tasting use should use the proposed parking lot, and not the access drive from Camino Capistrano. He expressed support for installing the sewer line to the Swanner House. Although decomposed granite for the parking would be functional, it needs to be designed and constructed to provide Americans with Disabilities Act`(ADA) accessibility. He stated that a Plan would be necessary for the clean-up of leaking oil and other fluids off the parking area from motor vehicles. • Chair Denman stated that, overall, he supported the development concept for the wine-tasting proposal. He stated*that the project may need to be designed to accommodate bus parking. For special events, the facility will require valet parking. • Commissioner King stated that the project had undergone a number of positive changes since last reviewed by the Commission. He stated that he had been requested by Commissioner Ostensen to present his concerns which include: 1) for the planned parking area, wood chips or decomposed OSTEC& PRSS Special Meeting Minutes 3 May 7. 2012 granite would be appropriate, not gravel; 2) the educational program regarding viticulture needs to be tangible and implemented; 3) no signs should be allowed on any of the structures; 4) overflow/event parking could be accommodated at the "equestrian staging area;" 5) irrigation water for the Swanner property should be paid by the lessee; 6) the use of banners or similar types of temporary signage should be expressly prohibited; 7) Hamilton Vineyards lease offer of$3,000 per month is not sufficient payment; 8) the special event use at the Swanner House needs to be closely coordinated with Community Services Department and potential events at the "equestrian staging area" which could create a parking conflict. Commissioner King stated that he also had concerns including the need to develop and implement an effective Parking Management Plan. He noted that the project area's subsurface cultural resources need to be protected. He asked about how power would be provided for special events which would be necessary for lighting and sound systems. He stated that the lessee needs to prepare a Special Event Plan/Program for City review and approval. Solid water storage has not been addressed and special events will require a waste management plan. The site planning of the Swanner property to accommodate Hamilton Oaks must be,coordinated with the planning for the Northwest Open Space,,Phase 1 planning. • Chair Ferguson stated that in order to accommodate special events, overflow parking needs to be sufficiently addressed. Circulation in the proposed parking lot is problematic. The hours of operation of the wine-tasting and special events need to be reviewed and managed. • Commissioner -Byrnes stated that the camellia along the frontage of the Swanner-House was part of '`the cultural landscape that needed to be preserved. She questioned the appropriateness of planting vineyards along Camino Capistrano;given the historic association of the Swanner House with the citrus industry. She suggested that the proposed education area include tree trunk bench seating to provide a durable and rustic appearance. • Commissioner Hart stated that parking was a major issue which needed to be adequately addressed. He noted that Orange County Fire Authority (OCFA) has requirements which will need to be met. He stated that overall, the Plan alias an improvement but the lessee needs to provide more details. The expenditure of $50,000 needs to benefit the City's open space, not only the Swanner house wine-tasting facility. • Commissioner Ritchie expressed support for the proposed wine-tasting use. She stated that the "equestrian staging area" should not be "taken over" by special event parking for the proposed use. She suggested that equestrian accessibility be integrated into the design of the plan. She asked whether the "equestrian staging area" would require lighting to serve the proposed event use. The City should limit the number, size and duration of special events. The lease agreement should be fiscally advantageous to the City and recapture funds to help maintain the Northwest Open Space area. Public Comments OSTEC & PRSS Special Meetinc Minutes 4 May 7. 2012 David Belardes stated that the project area was part of Putuidem, the "mother- village" of the Juanei:io Band of Mission Indians-Acjachemem Nation and the entire Northwest Open Space was underlain by extensive cultural resources. He stated that no excavation should occur to avoid impacts. He suggested that the project include the installation of a plaque commemorating the JuanePio and Putuidem to provide visitors with a broader and deeper historical perspective of the area. Commission Action The Open Space, Trails & Equestrian Commission;and the Parks, Recreation and Senior Services Commission unanimously approved a motion to forward the project forward to the City Council for favorable consideration subject to the comments and recommendation made by Commissioners. F. ADJOURNMENT: Chairman Ferguson adjourned the Open Space, Trails, and Equestrian Commission meeting to Monday, June 4, 2012, at 6:00 p.m., and Acting Chair Denman adjourned the Parks, Recreation and Senior Services Commission to Monday, May 21, 2012 at 6:00 p.m. Approved: William A. Ramsey, AICP, Assistant Director Commission Secretary 5/29/2012 AGENDA REPORT !! C1 TO: Karen P. Brust, CityKAan Pervi FROM: Grant Taylor, Developme tces Director SUBJECT: Consideration of a License Agreement for a Wine Tasting and Special Events Venue at the Historic Roger Y. Williams-Swanner House on a 2.6 Acre Property Located at 29943 Camino Capistrano RECOMMENDATION: Consider and approve the wine tasting and special events venue license agreement with Hamilton Oaks at San Juan, LLC. BACKGROUND: The subject property, commonly referred to as the Roger Y. Williams-Swanner House or "Swanner House," is located at 29943 Camino Capistrano in the "CP" (Community Park) zone district. Because of its association with historic families, the historic agricultural economy, and most notably the building architecture, the property is listed on the National Register of Historic Places. The property listed on the National Register comprises 2.6 acres in area. The property is improved with a 1923 two-story, wood- framed, California bungalow-style residence totaling 2,234 square feet in area, an 18'-0" x 20'-0" detached garage, and a 12'-0" x 12'-0" water tower 35 feet in height and the property is surrounded by a citrus orchard. The General Plan Land Use Policy Map designates the property as "1.3 Community Park" and the "CP" (Community Park) Zone District designation is consistent with the General Plan designation. The General Plan states: "The Community Park designation provides for major active recreation sites, including large multipurpose fields for community events and informal recreation, sports fields and courts, concessions, maintenance/support facilities and caretaker facilities." On February 7, 2012, the City Council directed staff to solicit and accept land use proposals and forward the wine tasting and special events concept to appropriate Commissions for comments and recommendations. On March 20, 2012, the City Council reviewed three proposals for use of the Swanner House property to include Hamilton Oaks Vineyards, Napa South Wine Tasting, and Orange County Arts Center. The City Council also reviewed and considered comments and recommendations from the Cultural Heritage Commission, the Open Space, Trails Agenda Report Page 2 May 29, 2012 & Equestrian Commission and the Parks, Recreation & Senior Services Commission. The City Council unanimously favored the Hamilton Oaks Vineyards proposal, and directed the City Manager to proceed with negotiations for a license agreement and directed staff to pursue further Commission review as deemed appropriate. DISCUSSION &ANALYSIS: The Hamilton Oaks Vineyards proposal as proposed in March 2012 included wine tasting and special events including weddings, planting of demonstration vines, providing educational opportunities, installing a parking lot, implementing ADA improvements, a five-year lease with one five-year extension option, $3,000 monthly rent, and hours of operation. The City Manager negotiated license payments starting at $4,000 and in to $6,000, a 50% increasing over time with a participation in gross revenues of 3 percent in excess of$1,200,000 of sales annually. The 2.6 acre property was approved for the National Register of Historic Places in 2006, and use of the property would need to be consistent with the Secretary of the Interior Standards. Any renovation or alteration of the existing structures could not occur unless deemed consistent by the City with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." However, Hamilton Vineyards proposes no exterior alterations. Furthermore, the citrus trees, which are an important part of the cultural landscape, cannot be removed unless dead, diseased or hazardous. Planting of demonstration vines and providing decomposed granite-surface parking areas and paths of travel are acceptable provided they are consistent with the historic character of the property. Site Plan: The site plan identifies vehicle ingress from the existing staging area road where 24 feet of fencing would be removed to provide vehicle access to twelve parking stalls including two ADA accessible stalls that would be marked with railroad tie wheel stops. The removed fence rails would be used to make a gate. The interim general parking area would consist of DG, gravel or earth, and the ADA stalls require compacted DG leading to five foot wide ADA paths of travel also composed of compacted DG. The parking lot would accommodate the wine testing and preferred parking for events. Parking for larger events could be provided in overflow areas south and north of the Swanner House in the citrus groves or staging area. No parking would be permitted along Camino Capistrano and would be enforced by tenant security during special events. Demonstration grape vines are proposed along Camino Capistrano south of the Swanner House in three rows with an alternate vineyard located behind the parking area. The proposed vines along Camino Capistrano could pose a sight distance issue by the driveway and obstruct one ADA stall and should be reduced in length. The citrus grove would be maintained in place except any dead or diseased trees would be removed and the applicant proposes selective replanting of additional citrus trees. The proposed ADA paths of travel traverse the property along the south edge of the Agenda Report Pa-ge 3 May 29, 2012 yard leading to the portable ADA restroom by the garage, the large event area in the rear and an education area. The ADA paths of travel also run from the ADA restroom to the front porch and also meander around trees and through a gap in the existing hedge to a straight ADA ramp leaning on the front porch. A path between the house and the water tower would be provided with railroad tie treads and risers with handrails to provide access to the rear event area. Grading and fill activities would be very minimal not to exceed six inches to provide proper drainage and parking facilities. The property is within a sensitive cultural and archaeological area and grading is discouraged. Floor Plan: The existing cellar and second floor of the Swanner House would not be open to the general public. The cellar would be used to relocate the water heater and minimal storage and the second floor would consist of tenant offices and storage. The first floor plan has virtually no alterations except to the mud room. A commercial three partition sink would be attached to existing house bibs along the south wall adjacent to the restroom. The restroom door would be locked near the sink and mobile persons could access the bathroom from the hallway. A mop sink would be installed in an existing closet. The closet adjacent to the electric subpanels in the mudroom would need to be trimmed back to provide access to the sub-panels. The Health Department has requested replacement of the linoleum floor in the mud room. Repairs and Maintenance: The City has made repairs to the Swanner House to include an electrical breaker, wires, outlets, light fixtures, porch molding, removed abandoned pipes, and patched a hole in the garage. The City has performed a tree inventory and will tag any dead or diseased trees for removal. The tenant is responsible for maintenance of all existing structures and equipment, landscaping, orchards, provide ADA improvements, purchase and install signs subject to permits. OPERATIONAL ISSUES: Septic System: The septic system is in good operational condition but is sized for residential use to serve a single household, and is not capable of accommodating special event/commercial use. The City's Development Advisory Board determined that the septic system can accommodate the wine tasting facility but special events would require additional portable restrooms consistent with the attached industry standards for attendance and event time duration. The Open Space, Trails & Equestrian Commission has recommended that the City Council authorize use of Open Space Bond funding for Phase 1A in the Northwest Open Space to connect the residence to the Moulton Niguel sewer line which parallels the west side of the Southern California Regional Rail Authority (SCRRA) railroad. The sewer line is located approximately 500 feet east of the property and staff estimates the cost of such an extension to be in the $40,000 to $50,000 range. A significant part of the cost would be for "jacking and boring"the sewer line underneath the railroad. Agenda Report Pace 4 May 29, 2012 Parkina: The existing split rail fence would have three sections and two posts would be removed to provide a 24 foot vehicle access and the fence materials used to create a fence to secure the property after hours. The general parking lot could be pea gravel with the ADA stalls and path of travel DG with a binder. Grading should be very minimal to include grubbing and no greater than six inches depth. The City should consider a maximum attendance cap for special events based. on a parking management plan that includes valet parking. The operator will be required to prepare and submit a Parking Management Plan for City review that would be sufficient to accommodate special events. Staff has advised the operator that City's Northwest Open Space equestrian staging area, for a fee, could be considered or the operator could pursue an agreement with commercial and institutional property owners to the south along Camino Capistrano. Traffic: The operator has been advised by City staff that absolutely no parking shall be allowed along Camino Capistrano or in the City owned tree farm area across Camino Capistrano from the Swanner property. With access to the parking lot proposed via the Northwest Open Space entrance, which has been designed to accommodate large truck/trailer standards-striping left turn pockets into the parking area would probably not be necessary. In order to maintain the character of Camino Capistrano, the City should monitor traffic movements and determine at a future subsequent date whether a dedicated left-turn pocket is needed. Lighting: Exterior lighting should be the minimum required for safety and security. No portable exterior light stands should be permitted. The applicant is considering low intensity lighting hung in the trees and around the perimeter of the use areas. Lighting intensity is required to comply with provisions in Municipal Code Section 9-3.529. Signage: Staff recommends one wood sandblasted monument similar to the staging area entrance as a business identification sign and two directional signs north and south of the vehicle access point providing direction to parking areas. Signage on the historic water tower is not appropriate and should not be permitted. The tenant has inquired about being on the City's downtown way-finding signs. It could be approved by the City Council and staff would recommend the sign to be fabricated at the tenant's cost. Special Events: The tenant is proposing 50 to 400 people for special events including weddings. The residence is designated a "B Occupancy" by the California Building Code and is limited to a maximum of 50 persons. In order to accommodate up to 400 persons outside, the City may request a parking management plan to identify overflow parking, valet parking, and traffic circulation. Other Agencies: The tenant will be required to obtain approvals and permits from the Orange County Fire Authority, Orange County Health Department, State Alcoholic Beverage Control, in addition to various City departments. These permit approvals should be a pre-requisite required by the license agreement for the operator to secure Agenda Report Page 5 May 29, 2012 prior to beginning any business use of the property. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Cultural Heritage Commission: February 18, 2012 Open Space, Trails and Equestrian Commission: March 5, 2012 Parks, Recreation and Senior Services Commission: March 19, 2012 Cultural Heritage Commission: April 24, 2012 Joint OSTEC & PRSSC Meeting: May 7, 2012 Minutes from the above listed Commission meetings are provided as an attachment (see Attachments 4, 5, 6, 7, and 8). A summary of the Commission's review comments are provided as follows: Cultural Heritage Commission: 1. Supported wine tasting. 2. Supported wedding/events but should be limited in size and scale. 3. Parking constraints and need for valet parking. 4. Connection to sewer line. 5. Allow one commercial sign and two directional signs, no tower signs. 6. Ensure adequate parking. 7. Incorporate trellis, tables/benches in education area. 8. Support outdoor string lighting. 9. Provide landscape maintenance plan. 10.Provide adequate portable toilets. 11.Tree removals shall require arborist report. Parks. Recreation & Senior Services Commission: 1. Concern with tree removals. 2. Connect to sewer. 3. Provide left turn lane into parking lot from Camino Capistrano. 4. Parking may not be adequate. 5. Concern with parking circulation, may need turn around. 6. Concern with overflow parking in citrus grove. 7. Need quality portable restrooms. 8. Block driveway access and gate to garage. 9. Decomposed granite (DG) needs good binder. 10.Valet parking for special events, maybe bus/shuttle service. Open Space. Trails, & Equestrian Commission: 1. Designated Commissioners Ostensen and King (Northwest Open Space Working Group) to assist with City Manager and staff review. 2. Concern with overall process. Agenda Report Page 6 May 29, 2012 3. Connect to sewer and Install Northwest Open Space Phase 1 public restroom. 4. Compatibility of proposed use with historic building and grounds. 5. Sensitive cultural and archaeological resources. 6. ADA compliance. 7. Compliance with Measure D Bond covenants. 8. Traffic and parking impacts, parking may be insufficient. 9. Financial benefits and community benefits. 10.Compatibility with Northwest Open Space Phase 1. 11.Pea gravel parking lot inappropriate, use DG or wood chips. 12.Verify educational programs. 13.No signs on structures or temporary signs. 14.Overflow parking in staging area not orchards. 15.Tenant should pay for vineyard watering. 16.Attendance cap on special events and provide valet parking. 17.Provide sufficient portable restrooms. 18.Power sources for special events. 19.Loading and unloading areas for special events. 20.Trash / recycling plan needed. 21.Orange County Fire Authority approval. 22.Equestrian hitching post and corrals to serve the facility. 23.Allow community events and coordinate special events with City events. FINANCIAL CONSIDERATIONS: The draft license agreement is attached to this report and the term and license fees are as follows (Attachment 2): Term: Original Term: from the "Effective Date through and until June 30, 2017, unless sooner terminated as provided for herein." Renewal Term: Automatically extended for one additional five-year period beyond the Original Term. License Fee: Original Term License Fee: Year Month! Fee Annual 1S month Ma 30-June 30, 2012 no charge n.a. 151 year $4,000 $40,000 2" Year $4,000 $48,000 3m Year $4,500 $54,000 4 Year $4,500 $54,000 Wn Year $5,000 $60,000 Agenda Report Page 7 May 29, 2012 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues in excess of $1,200,000 per year for all activities on the Premises commencing July 1, 2012. Renewal Term License Fee: Year Monthly Fee Annual 6,n Year $5,500 $66,000 7 Year $5,500 $66,000. P Year $6,000 $72,000 9 Year $6,000 $72,000 10 Year $6,000 $72,000 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues in excess of$1,200,000 per year for all activities on the Premises. In addition to the above license fees, the agreement indicates Licensee will deposit $4,000 security deposit. The tenant has also offered to allow the City to conduct three public events with 90 days prior notice at the Swanner House. NOTIFICATION: Ron Tamez, Hamilton Oaks Vineyard & Winery, Inc. RECOMMENDATION: Consider and approve the wine tasting and special events venue license agreement with Hamilton Oaks at San Juan, LLC. Submitted by, Grant Taylor, Development Services Director Agenda Report Page 8 May 29, 2012 Attachments: 1. PowerPoint Presentation (5 maps/plans) 2. Proposed License Agreement 3. 3/20/12 City Council Meeting Minutes 4. 2/28/12 Cultural Heritage Commission Meeting Minutes 5. 3/5/12 Open Space, Trails & Equestrian Commission Meeting Minutes 6. 4/24/12 Cultural Heritage Commission Meeting Minutes 7. 3/19/12 Parks, Recreation & Senior Services Commission Meeting Minutes 8. 5/7/12 OSTEC / PRSS Joint Meeting Draft Minutes 9. Portable Restroom Recommendations (Duration and Attendance) 10.National Register of Historic Places Registration Form Enclosures: 1. Site Plan 2. Floor Plan Hamilton Oaks Vineyard at the Roger Y. Williams/Swanner House Northwest Open Space m J J CITY COUNCIL MEETING May 29, 2012 J T J�, E" In95wa—H—m I6 ageb WemriaMl IL %oWubr eQIS �sk5 /Proms,oCnm 5q${ V\ 0.45 9 aklM lnt 1 \� 1 Grou09Kn1[�� 1. i t SIN !,\s ,. � emann weu wm vMee \® O 1 • I I GENERAL NOTES O O O O O Q Wwo u rmmRmw O O O O O O Z_= O oem.nrrrraurvww�nw� � o _ 3� ' �ro :, ,; Z§ - QO Wi _ .�.--G AMINO GAPISIRANO- - W PRELIMINARY SITE PLAN j7 d W � i YR Y I� Bathroom Bride Room I,,,Y,• isn a� Mud Room i 'YR IRw1 YR 6i . J Staff[-IIp _ Catering Set-up Meeting/Events ! I I '. -- - Sao s. Vest ivulo [ Meeting/Events Entry Porch ,R I- -- FIRST FLOOR H 4/16"- 1' —J LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is entered into effective as of May 30, 2012 ("Effective Date"), between CITY OF SAN JUAN CAPISTRANO, a municipal corporation ("LICENSOR"), and HAMILTON OAKS AT SAN JUAN, LLC, a California limited liability company ("LICENSEE"). RECITALS WHEREAS, LICENSOR is the owner'of approximately 2.6 acres of property located at 29943 Camino Capistrano, in the City of San Juan Capistrano, County of Orange, generally described as Assessor's Parcel Number (APN) 121-050-03, and commonly known as the Roger Y. Williams House, otherwise referred to as the "Swanner House" which was acquired to be maintained as open space with a historic residence, depicted in the attached Exhibit A and hereinafter referred to as the "Premises"; and WHEREAS, LICENSEE desires to use the Premises for the operation of a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages), and social events(including weddings and other celebratory gatherings). LICENSE NOW,THEREFORE, LICENSOR and LICENSEE do hereby mutually agree as follows: Section 1. Grant of License/Term. a. Grant of License. LICENSOR hereby grants to LICENSEE a license to establish and maintain a demonstrational vineyard and wine tasting, including historic depictions and planting of Mission Grapes, educational programs, food and beverage services (including alcoholic beverages), and social events (including weddings and other celebratory gatherings) on the Premises, as depicted on the site plan attached hereto as Exhibit B and incorporated herein by reference. LICENSEE shall provide the expertise, supervision and management over the operations, activities and uses authorized herein. Except as otherwise provided in this License, the Premises shall not be used for any other purpose. b. Term. 1. Original Term. The initial term of this Agreement shall commence on the Effective Date through and until June 30, 2017 (the "Original Tenn"), unless sooner terminated as provided for herein. 2. Renewal Term. The term of this Agreement shall automatically be extended for one additional five-year period beyond the Original Term provided that LICENSEE is not in breach and has satisfactorily complied with all the terms of this License, unless LICENSEE provides notice of non-renewal to LICENSOR prior to the expiration of the Original Term. The 1 857166.2 ATTACHMENT 2 additional five-year term shall be referred to herein as the"Renewal Term." Section 2. License Fee. LICENSOR shall receive from LICENSEE a license fee based on the following schedule: a. For the Original Term,the license fees shall be as follows: Year Monthly Fee Annual 1St Month May 30-June 30, 2012, no charge $0 1 St year $4,000 per month; first two months no charge $40,000 2nd year $4,000 per month for 12 months $48,000 3`d year $4,500 per month for 12 months $54,000 4th year $4,500 per month for 12 months $54,000 5th year $5,000 per month for 12 months $60,000 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent(3%) of its gross revenues in excess of $1,200,000 per year for all activities on the Premises commencing July 1, 2012. b. For the Renewal Term, the license fees shall be as follows: Year Monthly Fee Annual 6th year $5,500 per month for 12 months $66,000 7th year $5,500 per month for 12 months $66,000 8th year $6,000 per month for 12 months $72,000 9th year $6,000 per month for 12 months $72,000 10th year $6,000 per month for 12 months $72,000 In addition to the foregoing base monthly fee, LICENSEE shall pay three percent (3%) of its gross revenues in excess of$1,200,000 per year for all activities on the Premises. C. Security Deposit. LICENSEE shall deposit four thousand dollars ($4,000) with LICENSOR, prior to taking possession of the Premises pursuant to this License. The deposit shall serve as security for LICENSEE's faithful performance of its obligations under this License. If LICENSEE fails to pay Rent, or otherwise Defaults under this License, LICENSOR 2 857166.2 may use, apply or retain all or any portion of said deposit for the payment of any amount already due to LICENSOR, for License Fees which will be due in the future, and/or to reimburse or compensate LICENSOR for any liability, expense, loss or damage which LICENSOR may incur by reason thereof. If LICENSOR uses or applies all or any portion of the deposit, LICENSEE shall, within 10 days after written request from LICENSOR, deposit additional security with LICENSOR sufficient to restore said deposit to the full amount required by this License. LICENSOR may require an additional deposit up to double the current deposit amount (or $8,000) in the event LICENSOR determines that the original deposit amount is not sufficient to secure LICENSEE's faithful performance, should any liability, expense, loss or damage occur with respect to the Premises or LICENSEE's obligations under this License. The deposit shall not be required to be maintained separate from LICENSOR's general accounts. Within ninety (90)days after the expiration or termination of this License, LICENSOR shall return that portion of the deposit not used or applied by LICENSOR. LICENSEE shall not be entitled to any interest on the deposit. d. Payment of Gross Revenue Fees; Accounting. Payment of the gross revenue fee shall be due within thirty(30)days of the close of fiscal year of LICENSOR(July 1 through June 30th). LICENSEE shall maintain detailed records of gross revenues for all activities on the Premises for the purpose of allowing LICENSOR review and audits of same. LICENSEE shall allow LICENSOR to review LICENSEE's records and/or LICENSEE shall submit to an audit at any time provided LICENSOR gives LICENSEE thirty (30) days advanced written notice of same. e. LICENSEE Improvements and Investment. The foregoing fees are not inclusive of improvements and investments made by LICENSEE to/for the use of the Premises, for which there shall be no credit or set off against the foregoing fees. A list of the estimated improvements and investments, which improvements are subject to review and approval by LICENSOR's Planning and Building Departments, is attached as Exhibit C. Section 3. Scope of License and Conditions, Requirements and Limitations Thereof. a. Permissible Uses. LICENSEE may use the Premises for maintaining a demonstrational vineyard and wine tasting, along with the educational and social gathering programs, food and beverage services (including alcoholic beverages), and events first described above. LICENSEE shall be responsible for the supervision and management of every aspect of its operations on the Premises. LICENSEE shall use and maintain the Premises and perform all operations in a competent manner, consistent with the standards of the industry and in accordance with all applicable Federal, State and local regulations, including the City of San Juan Capistrano Municipal Code. LICENSEE shall obtain, at its sole cost and expense, all governmental permits and authorizations of whatever nature required by any governmental agencies having jurisdiction over LICENSEE's use of the Premises. b. Condition of Premises. Subject to completion of those modifications to, or work on, the Premises to be performed by LICENSOR listed in and attached as Exhibit D, LICENSEE accepts the Premises in its present condition, "as is", upon execution of this License. LICENSOR makes no warranty of the suitability of the Premises for LICENSEE's intended uses 3 857166.2 and expressly disclaims any warranty or representation with regard to the condition, safety, security or suitability for LICENSEE's intended use of the Premises. The duly authorized representative of LICENSOR may enter upon the Premises and all structures and buildings thereon, or any portion thereof, at any time, and from time to time. In the event that LICENSEE cannot obtain all necessary approvals to operate its business as intended by this License prior to August 31, 2012, LICENSEE may terminate this License without further liability by giving notice to LICENSOR that LICENSEE, provided that LICENSEE has diligently pursued the approvals and has not itself caused delays in the processing of same. C. Maintenance of Premises. LICENSEE may use the existing structures on the Premises for LICENSEE's use. LICENSEE shall maintain, at LICENSEE's expense, the Premises, including all existing structures and all equipment owned and furnished by LICENSEE, in a reasonable state of repair and working order. LICENSEE agrees, at LICENSEE's expense, to use reasonable care to control all weeds growing on the Premises; keep the Premises clean of trash, debris and rubbish; and to keep fences, ditches, landscaping and borders of the Premises in good condition and repair at all times, reasonable wear and tear excepted. d. Liens. LICENSEE will fully and promptly pay for all materials joined or affixed to the Premises under the authority or direction of LICENSEE, and fully and promptly pay all persons who perform labor upon said Premises. Licensee shall not suffer or permit to be filed or enforced against the Premises, or any part thereof,any mechanics', materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or construction work, or out of any other claim or demand of any kind. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney's fees incurred by LICENSOR with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend LICENSOR from all obligations and claims made against LICENSOR for the above described work, including attorney's fees. LICENSEE shall furnish evidence of payment upon request of LICENSOR. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to LICENSOR in compliance with applicable California law. If LICENSEE does not discharge any mechanic's liens or stop notice for works performed for Licensee, LICENSOR shall have the right to discharge same (including by paying the claimant), and LICENSEE shall reimburse LICENSOR for the cost of such discharge within ten (10) business days after billing. The provisions of this subsection shall survive the termination of this License. e. Third Party Liability. LICENSEE shall be responsible and liable for all acts and omissions of all of LICENSEE's contractors, agents, employees, representatives and any other person or party entering upon the Premises under the authority or color of this License. f. Point of Sale Requirement. LICENSEE shall designate the Premises as the Point of Sale for sales tax purposes for all sales subject to the California Bradley-Burns Sales and Use Tax and events that occur on the Premises. Therefore, principal negotiations and all reservation processing for the Premises should take place within the City of San Juan Capistrano at a dedicated office on the Premises. 4 857166.2 g. Public Events Reserved to LICENSOR. In addition to the foregoing conditions, LICENSEE will provide LICENSOR with the option of reserving three (3) annual event dates to benefit the public, as determined in LICENSOR's sole discretion, without charging a rental fee for the Premises. However, LICENSOR will be responsible for any fees incurred for subcontract services required for LICENSOR's events, including but not.limited to valet service, rental of portable restrooms, security services (if required), catering, and similar services. LICENSEE and LICENSOR will mutually agree on the three annual event dates. LICENSOR shall be given priority in the selection of available event dates not more than 90 days from the date of request and LICENSEE shall be given priority in all other instances in order to allow LICENSEE to maximize the use of the Premises as provide for in this License. Section 4. No Assignments. LICENSEE shall not voluntarily, involuntarily or by operation of law assign, sublet, transfer, mortgage or otherwise encumber all or any part of the Premises, or any interest therein, without the prior written consent of LICENSOR. Any attempted assignment, sublet or transfer made in violation of this provision shall be null and void. Notwithstanding the foregoing, LICENSEE may enter into an exclusive agreement to provide catering services on the Premises without violating this License. Section 5. Utilities. LICENSEE will be solely responsible for providing all water, sewer, electricity, telephone, Internet, refuse collection, gas, landscape maintenance, and other necessary utilities for the use and operation of the Premises. Section 6. Time of the Essence. Time is of the essence of each and every provision, covenant, and condition herein contained and on the part of LICENSEE and LICENSOR to be done and performed. Section 7. Site Modifications. Any modifications to the Premises, other than those specifically provided for in this License will require prior approval of the San Juan Capistrano City Council. Additionally, any site modifications approved in concept by the City Council will be subject to all applicable City of San Juan Capistrano design guidelines and permitting processes. Section 8. Default. a. If LICENSEE defaults in the payment of the license fee, or any additional applicable license payments, or defaults in the performance of any of the other covenants or conditions hereof, LICENSOR may give LICENSEE written notice of such default and if LICENSEE does not cure any such default within thirty (30) days, or such other time period as specified in the notice of default, after the giving of such notice, then LICENSOR may 5 857166.2 immediately terminate this License. The notice shall specify in reasonable detail the nature and extent of the default. If the nature of LICENSEE's obligation is such that more than thirty (30) days are required for performance, then LICENSEE shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. If LICENSOR terminates the License pursuant to this Section, then, on the date specified in the notice of termination, the term of this License shall terminate, and LICENSEE shall then quit and surrender the Premises to LICENSOR, but LICENSEE shall remain liable as hereinafter provided. If this license shall have been so terminated by LICENSOR, LICENSOR may at any time thereafter resume possession of the Premises by any lawful means and remove LICENSEE or other occupants and their effects. b. If LICENSEE breaches any covenant or condition of this license, LICENSOR may, on reasonable notice to LICENSEE (except that no notice need be given in case of emergency), cure such breach at the expense of LICENSEE. The reasonable amount of all expenses, including attorney's fees, incurred by LICENSOR in so doing shall be deemed additional fees payable on demand. Section 9. Termination Due to Bankruptcy or Insolvency. In the event proceedings in bankruptcy are commenced by LICENSEE, or LICENSEE is found to be in a state of insolvency, then in such event, LICENSOR.shall have the right to terminate this License and all further rights and obligations thereunder, by ten (10) days' notice in writing to LICENSEE, in which event, on the expiration of the ten (10) days from mailing of the notice, this License shall automatically terminate. Section 10. Compliance with Laws. LICENSEE's use of the Premises hereunder shall be conditioned upon LICENSEE, at its sole cost and expense: a. Maintaining all necessary licenses and/or permits from all appropriate public and/or governmental agencies with respect to such use (and LICENSEE shall provide copies of the same to LICENSOR upon any request therefor); b. Complying with each and every federal, state or local law (including the City of San Juan Capistrano Municipal Code), regulation, standard, decision of court, ordinance, rule, code, order, decree, directive, guideline, permit or permit condition, together with any declaration of covenants, conditions and restrictions which have been recorded in any official or public records with respect to the Premises or any portion thereof, each as currently existing and as amended, enacted, issued or adopted in the future which are or become applicable to the Premises; Section 11. Notices. Any notice required to be given under this Agreement shall be in writing and shall be deemed to have been duly given and received if and when personally served, or forty-eight (48) hours after 6 857166.2 being deposited in the United States mail, first class, postage prepaid, addressed to the intended party at: LICENSOR: City of San Juan Capistrano Attn.: Karen P. Brust, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LICENSEE: Hamilton Oaks at San Juan, LLC Ann.: Ron Tamez 31111 Hamilton Trail Trabuco Canyon, CA 92679 Section 12. Attorneys' Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this License, or to recover damages for the breach thereof; the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Section 13. Surrender of Premises. LICENSEE shall, at the termination of this License, vacate the Premises in as good condition as they are in at the time of entry thereon by LICENSEE. Upon vacating, LICENSEE shall leave Premises free and clear of all rubbish and debris. Nothing in this License shall require LICENSEE to remove any of the improvements listed on Exhibit C or approved by LICENSOR in accordance with the provisions of this License. Section 14. Insurance. LICENSEE shall maintain during the term of this License comprehensive general liability insurance, including automobile coverage and blanket contractual liability coverage, with respect to the Premises and the activities of or on behalf of LICENSEE, including personal injury and property damage for not less than Two Million Dollars ($2,000,000) combined single limit bodily injury, death and property damage liability per occurrence, or the current limit of liability carried, whichever is greater, and worker's compensation insurance to protect LICENSEE and LICENSOR from any claim made or action brought by any person or entity arising out of or related to LICENSEE's use of the Premises thereafter or arising out of or connected in any way with the acts of LICENSEE undertaken pursuant to this License. LICENSEE shall provide that the policy or policies of insurance shall be primary and shall name LICENSOR (and all of their elected officials, officers, directors, agents, representatives, managers and employees) as an additional insured, with the provision that any other insurance carried by LICENSOR shall be 7 857166.2 noncontributing and shall waive all rights of subrogation. LICENSEE shall furnish LICENSOR with a Certificate of Insurance and Additional Insured Endorsement as evidence of such policy or policies. Section 15. Hazardous Substances. LICENSEE shall not use, store or transport any hazardous substances on or onto the Premises; and LICENSEE shall repair, remediate and/or restore any condition attributable to or arising from the same. Section 16. Indemnification. LICENSEE shall indemnify, defend and hold harmless LICENSOR (and all of their elected officials, officers, directors, agents, representatives, managers and employees) from and against all liabilities, claims, damages, losses and expenses of any nature whatsoever (including, but not limited to any costs or expenses for attorneys' fees and all incidental or consequential damages) arising out of LICENSEE's use of the Premises or otherwise arising out of the acts or omissions of LICENSEE hereunder. Section 17. Taxes. Pursuant to Revenue & Taxation Code §107.7, should a property interest be created herein, it may be subject to property taxation and LICENSEE may be subject to property taxes levied on such interest. In no event shall LICENSOR be liable for any taxes owed as a result of this License or LICENSEE's use of the Premises. Section 18. No Relocation Benefits. This License is not intended to convey a property interest but to permit LICENSEE to use the Premises as provided for herein. LICENSEE acknowledges the rights granted by State and/or Federal Relocation Assistance Laws and regulations and, notwithstanding any other provision of this License, expressly waives all such past, present and future rights, if any, to which LICENSEE might otherwise be entitled from LICENSOR with regard to this License and the business operated on the Premises. LICENSEE shall not be entitled to relocation assistance, relocation benefits, or compensation for loss of goodwill upon the termination of this License. Section 19. Entire Agreement. The terms in this License constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Miscellaneous. a. This License may be modified only by written instrument executed by both parties hereto. 8 857166.2 b. This License is entered into for the sole protection and benefit of LICENSOR and LICENSEE. C. Any failure by LICENSOR to insist upon a strict performance by LICENSEE of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof. d. This License shall be governed by the construed in accordance with the laws of the State of California. e. The parties executing this License warrant that they have authority to bind the respective parties thereto. [SIGNATURE PAGE FOLLOWS] 9 857166.2 IN WITNESS WHEREOF, LICENSOR and LICENSEE have caused this License Agreement to be executed on the date and year first written above. LICENSEE: HAMILTON OAKS AT SAN JUAN, LLC By: HAMILTON OAKS VINEYARD & WINERY,INC., Manager By: Ron Tamez,President LICENSOR: CITY OF SAN JUAN CAPISTRANO, A California municipal corporation By: Larry Kramer,Mayor ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Attachments: Exhibit A—Description of the Premises Exhibit B—Site Plan Exhibit C—Estimated Improvements 10 8571661 GENEML NOTES O ® . o� 3 LU LU YINO LAPIBTNANO�- W PRELIMINARY SITE PLAN a Estimated Improvements to be Completed by Licensee 1. In the event something would evolve that would put the tenantlowner of Hamilton Oaks in a position of selling the business, lease/license would be transferable to new owner. 2. A map was found(copy attached)stating the dimensions of the rectangle borderlines of the property,tenant has marked them for the City as specified on the map;the house property line goes out into the Open Space circular driveway approximately 17 feet from the Stop Sign,therefore,there is no marker on that comer. 3. Signage in town as discussed in meeting done by City at Tenants expense. 4. Signage on road as discussed in meeting. 5. Entrance gate to parking area to be agreed upon, per meeting. 6. It would be appreciated if City would accept a one month security deposit instead of the traditional two months since tenant is investing a fairly substantial amount of money in property improvements and it is highly unlikely the property will be in any position of deterioration when the cost of improvements are considered. 7. Clean up plants and trees. 8. Add the parking lot. 9. Comply with appropriate ADA requirements. 10. Fix the gate in the front and fence. 11. Add the required electrical panel for separate electricity to be utilized for the party/tent area; special events venues would anticipate handling a crowd from about 50(the cap on the house)to approximately 400. 12. Comply with adequate fire department requirements for Tenants specific use. 13. Comply with Health Department requirements. 14. Comply with Liquor License Board requirements. 15. List City as additional insured on $2,000,000 insurance policy. EXHIBIT C Modifications to be Completed by Licensor 1. Verify the corners of the property marked by Tenant. 2. Mark the trees which need removal by tenant. • A tree survey has been completed; the trees have yet to be tagged. EXHIBIT D b. FINAL IMPROVEMENT PLANS FOR THE DR. JOE CORTESE DOG PARK LOCATED AT THE NORTHWEST OPEN SPACE (CIP 10201), APPROVED; AND STAFF AUTHORIZED TO PROVIDE FINAL IMPROVEMENT PLANS TO THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION (OSF) TO COMMENCE CONSTRUCTION (CITY COUNCIL. URGENT STRATEGIC PRIORITY NO. 3 (2)) (920.40) David Contreras, Senior Planner, provided a staff report and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried 4-1 with Council Member Reeve opposed to approve the final improvement plans for the Dr. Joe Cortese Dog Park located at the Northwest Open Space (CIP 10201); and staff authorized to provide final improvement plans to the San Juan Capistrano Open Space Foundation (OSF) to commence construction. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None C. CONSIDERATION OF POTENTIAL FUTURE LAND USE(S) OF THE HISTORIC ROGER Y. WILLIAMS/SWANNER HOUSE AND 2.6 ACRE- PROPERTY (29991 CAMINO CAPISTRANO) (420.60) • Public Correspondence: Chuck and Margit Mills, Coto de Caza residents; Dori Ross, Hamilton Oaks Vineyard & Winery; and Jim and Dinah Sapunarich, Rancho Santa Margarita residents. Grant Taylor, Development Services Director, provided a PowerPoint presentation and responded to questions. • Public Comments: Ron Tamez, Hamilton Oaks Vineyard & Winery; Virginia Repasky, OC Arts Center; Army Nix, OC Arts Center; AI King, Open Space, Trails and Equestrian Commission; Sharline Elmer, San Clemente resident; Allen L. Bolder, OC Arts Center; and Andrew Kardish, Napa South. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to identify wineries, tasting rooms, and arts (art galleries/educational facility) as the preferred land use for the subject property; direct the City Manager to begin negotiations with Hamilton Oaks Vineyard &Winery as the preferred tenant and secure a developer deposit; and forward to appropriate Commissions and Boards only if staff finds necessary before bringing back to the City Council for final approval. d. INITIATION OF A GENERAL PLAN AMENDMENT FOR A RESIDENTIAL SUBDIVISION AND EQUESTRIAN FACILITY (THE OAKS) (GPA 12-001), APPROVED (440.25) 5 3/20/2012 ATTACHMENT 3 CHC Action Memorandum 2 Meeting of February 28, 2012 NEW BUSINESS 1. Consideration of potential future land use(s) of the historic Roger Y Williams/Swanner House and 2.6 acre property 429991 Camino Capistrano Grant Taylor made the staff presentation and recommendation that the Commission receive the staff report and provide comments to the City Council on preferred future land use(s)for the subject house and surrounding property. Public Comments Ron Tamez, Hamilton Oaks Vineyard, Trabuco Canyon, spoke in support of a winery on the property and provided details of his proposal to operate a winery. Commission Comments The Commission discussed potential land uses for the property and supported the following: Educational and non-profits, agriculture uses similar to the Ecology Center, and a winery and winetasting especially with an educational component. The Commission also supported a wedding/events venue but stated this type of event should be limited in size, scale, and access to the interior of the house due to parking constraints and the need for preservation of the historic structure. Valet parking should be considered for this type of use. The Commission stated that any proposal for the property should include anticipated patron volume. No action was required for this item. INFORMATION ITEM 1. Consideration of Inter-jurisdictional Project Review (IJPR) 12-01 San Diecao Gas & Electric (SDG&E) South Orange County Rellabiilty Enhancement Proiect (SDG&E Project Manager:Mary Turley) Grant Taylor made the staff presentation and recommendation that the Commission receive and file the staff report. Mr.Taylor identified that SDG&E will be submitting an application to the California Public Utilities Commission which will include demolition of the 1920's substation building fronting Camino Capistrano, which is presently listed on the City's "Buildings of Distinction" List. Mr. Taylor informed the Commission the city did not have local land use jurisdiction over the public utility project but would be able to provide comments on the Environmental Impact Report(EIR)once it became available to the public. The Commission stated that they had attended several public outreach meetings put on by SDG&E and that they expressed concerns with the demolition of the substation building and proposed wall height with limited buffer/setback from Camino Capistrano. No action was required for this item. ATTACHMENT 4 OSTEC Repslar Meeting Minutes 3 March 5 2012 4. Consideration of Potential Future Land Use(s) of the Historic Roger Y Williams/Swanner House and 2.6 Acre Property (29991 Camino Capistrano) (Grant Taylor. Development Services Director). Grant Taylor, Development Services Director provided background on the project and advised that the City Council had requested the Commission to review and provide a recommendation land use/business proposals for the Williams/Swanner house. He indicated that the City had received proposals from Hamilton Oaks Vineyards, the Orange County Arts Cooperative, and anticipated a proposal from B Cellars, a Calistoga-based vineyard. Staff recommended that the CommissXY, icomments to the City Council on preferred future land uses for the Roms / Swanner House and the surrounding property. Commissioner Ostensen stated that Hamilton Vd provided insufficient information that would allow the Comm(Eqstqol' fully vet th roposal and provide meaningful feedback. He made sents highlighting the need for a structured review process for proposhe need for de Had information about proposals outlined in more s memorandum p n'ded to the Commission (see attachment: Marc ndum from C mmissioner Ostensen to the Open Space, Trails & n Commission). Commissioner King raised questions regarding the process being undertaken to vet proposals on the Williams Swanner House and expressed the point that the City should identify a vision for=t a property which should "drive" the process to assure that then City secures se at besE, meets its needs and fits the property's uni u Qc sr�r,o,,,ts. He -that responding to unsolicited proposals as they are fitted iAn tan et [cave means for the City to secure the most appropnat a of the pr- erty. He made several additional points in more detail in his mem dum 1ded. to th ommission (see attachment: March 5 Memorandum rn t m` i gat o the Open Space, Trails & Equestrian Co general diss�i nen bed regarding the process being undertaken to evaluate roposals for thelilliams&anner House. Co mission action The mission,;`approved a motion referring the Williams-Swanner House proposa ocess ;° to the Commission's Northwest Open Space Working co prise Ostensen and King to review the process and meet with the City Manager. H. INFORMATION ITEMS Status of Open Space Proiect Assignments (William Ramsey AICP Principal Planner). Bill Ramsey, Principal Planner provided the Commission with an overview of project assignments noting that both Public Works Department and Development Services ,i Department were involved in managing open space projects within the City. ATTACHMENTS CHC Action Memorandum 2 April 24, 2012 ' from the bluffs above Dana Point Harbor to a waiting ship (brigantine) in the harbor below. After due consideration, Commissioner Banda moved, and Commissioner Gildea seconded, approval of the modifications to the HDP subject to final approval by the working group. The motion was approved unanimously. NEW BUSINESS 1. Consideration of a Proposal for a Wine Tasting and Special Events Venue at the Historic Roger Y. Williams/ Swanner House and 2.6 Acre Property located at 29991 Camino Capistrano.) Grant Taylor made the staff presentation and recommendation that the Commission provide comments and recommendations to the City Council. Ron Tamez, Hamilton Oaks Vineyards responded to Commission Questions. The Commissioners generally expressed concern with the adequacy of the septic. system. Chair Porter recommended consideration of the garage for the location of portable restrooms, use of a trellis/tables/benches for the educational area, use of'Downtown way-finding signs at the applicant's expense ' and preservation of existing landscaping. She expressed concern with tenant maintenance of the orange trees, adequacy of parking, and discouraged off-site signage and water tower signage. Commissioner Banda expressed concern with the volume and duration of wine tasting inside the house. Commissioner Gildea inquired about vineyards, type of grapes and number of vines. Chair DaHaan commented the plan was well thought out. After due consideration, Commissioner Banda moved, and Commissioner Gildea seconded, recommending the following to the City Council: 1. connection to a sewer line, 2. allowing 1 commercial sign and up to 2 directional signs with no tower sign, and applicant pay to amend way-finding signs downtown_. 3. ensuring adequate parking area, . 4. incorporating trellis/tables/benches in the education area, 5. limiting special events to 150 people and house-use to 49 people, 6. supporting outdoor string lighting. 7. Provide landscape maintenance plan. 8. provide adequate portable toilets consistent with industry standards. 9. Tree removals shall require arborist report. The motion was approved unanimously. ATTACHMENT 6 Commission Action: Moved by Commissioner Friess, seconded by Commissioner Behmerwohld, and carried unanimously, 4-0, with Commissioner Denman absent, to adopt staff recommendation for item 3. ADMINISTRATIVE ITEMS: D1. CONSIDERATION OF POTENTIAL FUTURE LAND USE(S) OF THE HISTORIC ROGER Y. WILLIAMS/SWANNER HOUSE AND 2.6 ACRE PROPERTY (29991 CAMINO CAPISTRANO) Grant Taylor, Director, Development Services, reviewed the item for the Commission. He said it was placed on the National Register of Historic Places. He described a two-story house, detached garage, water tower, all built in 1923. There are three wineries and an art facility proposing to use the 2.6 acre property. In 1990, Open Space bought the property, specifying uses that provide public benefits. The following applicants were present. Virginia Repaski, founder and Board President of the Orange County Arts Center, a nonprofit organization. Their proposal includes educational offerings which are visual arts, painting, sculpture, animation, ceramics, Native American arts, photography and print making classes for children and adults. Their goal is to tap into the community, honor the land by having sustainability gardens, extending the walking equestrian trails, and add art with a sculpture garden outdoors. Many well-established professionals will be working with the organization; they have a team of 50 professionals including a civil engineer, developer, architect and an architectural historian, who has renovated five Craftsman homes. Ron Tamez, owner of Hamilton Oaks Vineyard and Winery, proposes to tum the site into a wine tasting setting, event venue with weddings and rehearsal dinners, and winemaker dinners. They would use local restaurants in town by having the restaurants contribute appetizers to serve along with the winetasting. He has spoken with the Historical Society and would show the history of the Swanner House in chronological order. Mission grapes would be used for demonstration purposes and seminars. Hire JSerra High School students to prune vines, feed them, showing them the whole process from pruning to when turning into wine. There are college students who are taking viticulture classes that could benefit from the venue. There would be parking on the property, not in the turnaround section, that would be an entrance/exit only. They propose to add more orange trees to fill in the area for the dead orange trees. The hours would facilitate the public. A portable restroom would be located near the ADA parking. Mr. Tamez has met with the Health Department for an open food permit. Commission Comments: e Commissioner Muir asked if the area was Community Park zoned and if it is, then the Parks, Recreation and 2 3/19/12 Senior Services Commission Minutes ATTACHMENT 7 proposals don't fall under that category. Mr. Taylor replied that, yes, it was Community Park zoned; he went on to explain that for wineries and art facilities the Community Park zone is silent. Commissioner Muir pointed out that according to the zoning, alcohol is not permitted. Mr. Taylor said that there are parts of the code, if it is silent, then it is the Development Services Director's decision to allow it or not. He went on to say that since this is City property, it would be the City Council's determination and it not uncommon for most cities to exempt themselves from the zoning code. Mr. Taylor spoke with the City Attorney regarding the issue and the City Attorney concurs with the exemptions from the code. • Commissioner Friess commented that the Commission just got the supplemental report this morning and added that she understood that this item was supposed to be heard by the Cultural Heritage Commission and the Open Space, Trails and Equestrian Commission. Mr. Taylor said the two Commissions heard this proposal earlier this month. Once City Council hears this item, it will come back to the Boards/Commissions for"fine tuning." • Commissioner Behmerwohld remarked that the previous residential tenant was paying $2,300/month and remarked that the next tenant would be paying $3,000/month. Mr. Taylor replied that$3,000 is a starting point, to be negotiated, and the City Council would have the final say on that figure. Commissioner Behmerwohld commented that$2,300 is negligible compared to what a commercial venue may pay. He recalled that a wedding venue was discounted when it was brought up a couple years ago because of the ADA requirements, parking, and a variety of reasons. Commissioner Behmerwohld also said since there is Northwest Open Space parking in the vicinity now, it is a little better; however, the first winery proposal has parking in the turnaround for the Open Space. He was at the Swanner House today, and he believes parking will be a big problem, along with parking on Camino Capistrano, turning left, etc. He attended the Open Space, Trails and Equestrian Commission and Commissioner Behmerwohld felt the Commission in summary said 'come back when you have a plan.' Chairperson Hooper explained that bringing items to Commissions/Boards in its infancy, and to get comments now, shows respect to the Commission by allowing the Commission to see what's going on from the beginning, and that if City Council approves some parts of a plan, it will come back to the Commissions. • Commissioner Friess asked the Orange County Arts Center representative if the public can come onto the grounds at any time and walk around and enjoy them. Commissioner Friess asked If it could be used as a wedding site. Ms. Repaski would be open to a wedding site, but wants to make sure they are compliant with restrictions from the City. Commissioner Friess asked if anyone had taken into consideration the noise level since the land is right by the freeway. Mr. Tamez remarked that yes he has; they would add fountains in the yard to soothe the noise; however, if there was a wedding, it would take place in the area behind the water tower since it isn't as affected by the noise. Parks, Recreation and 3 3119112 Senior Services Commission Minutes • Commissioner Behmerwohld agreed that behind the house is much quieter. He commented that the Hamilton Oaks Vineyard drawing was not included in the packet. Grant Taylor, Director, Development Services, explained that the Hamilton Oaks Vineyard was altered three times, Orange County Arts Center proposal was rewritten and the Napa South was submitted Friday, all after the packet went to the Commissioners. Commissioner Behmerwohld asked if there were only three dead orange trees and asked Mr. Taylor to verify this. Mr. Taylor said this was a conceptual design and if City Council looked at the proposals, the item would come back to the various Commissions for vetting and all this would be looked at Mr. Tamez said he measured the property and there would be 28 parking spaces, more than what is required, and there is still room on both sides. Commissioner Behmerwohld asked if the turnout would be used to enter/exit the property. Mr. Tamez said yes, he didn't want to use Camino Capistrano. Commissioner Behmerwohld asked that the new drawing be shown and asked if the front of the house would remain the same. Mr. Tamez said yes, the vineyard would be on the side. • Chairperson Hooper asked Mr. Tamez if the Community Services Department could hold classes on growing grapes/wine tasting or a similar event. Mr. Tamez said yes that would be possible. • Commissioner Friess asked Mr. Taylor about the Napa South proposal wanting to work with local equine centers. Mr. Taylor said although he didn't want to speak for the applicant, he didn't read any detail regarding this and it was rather general. Commission Action: Commissioner Muir thanked the applicants for submitting their proposals. He would like to see the site to be used for all elements of the City. He would like to see the land maximized to include all possible uses. By limiting it to just wine events it might exclude segments of the residents who are not interested in wine. Commissioner Friess loved the proposals, the wine tasting, and the arts; however, she prefers the wine tasting/wedding venue approach. She sees this as a beautiful site for a wedding, and added there are not enough wedding venues in town. She favors the Hamilton Oaks Vineyard, although she would like to see more concrete plans because it is a close call for her. Although Commissioner Behmerwohld likes the Orange County Arts Center proposal, he feels it is not a good location for it; that it would do better in town, in fact, a great idea. He would like to build a vineyard on the site; he is very concerned of the impact the Hamilton Oaks Vineyard proposal could have on the Swanner House. He is curious about the proposal offering to pay the City $3,000/month and asking $8,000/wedding. That does not give the City much "bang for their buck.' He added that the additional Parks, Recreation and 4 3/19/12 Senior Services Commission Minutes impact from all the people in and out of the house, the smallness of the house, the age and fragility is a concern for him. He thanked the applicants for coming. He also acknowledged Mayor Kramer's presence and thanked him for being at the Parks, Recreation and Senior Services Commission meeting. Chairperson Hooper thanked the applicants. She feels the Swanner House needs to be maintained as the beautiful home that it is, and is comfortable with both applicants' respectful awareness of the area. The Orange County Arts Center is great, but she agrees with Commissioner Behmerwohld, it is the wrong location. She thinks a wedding or wine tasting venue is preferable. She agrees with Commissioner Friess about not having enough wedding sites for the City and it would be a great asset. D2. CONSIDERATION OF AWARD OF PERSONAL SERVICES AGREEMENT FOR THE 2012 4TH OF JULY CELEBRATION AERIAL FIREWORK DISPLAY (PYRO ENGINEERING. INC.. A NEW YORK CORPORATION DOING BUSINESS AS BAY FIREWORKS) Cynthia Alexander, Community Services Manager, reviewed the item for the Commission. Commission Comments: • Commissioner Friess was curious why Bay Fireworks was chosen by staff over a company (Pyro Spectaculars, Inc.) that the City has used for 20 years. Ms. Alexander said. it was the bid of $30,000 as opposed to $32,000; they also presented themselves in a professional and impressive manner, and their references were impeccable and positive. Ms. Alexander also explained how "cake" fireworks are presented. • Commissioner Behmerwohld feels $2,000 saved is a good deal. • Chairperson Hooper trusts staffs knowledge and for a similar or even better show is for less money is fine. Commission Action: Moved by Commissioner Muir, seconded by Commissioner Behmerwohld, and carried unanimously, 4-0, with Commissioner Denman absent, to forward a recommendation to City Council to approve an award of a Personal Services Agreement for the 2012 4th of July Celebration aerial firework display to Pyro Engineering, Inc., (a New York Corporation Doing Business as Bay Fireworks). D3. JOINT MEETING WITH PARKS, RECREATION AND SENIOR SERVICES COMMISSION AND THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION REGARDING EAST OPEN SPACE PARK MASTER PLAN PROPOSAL Parks, Recreation and 5 3/19/12 Senior Services Commission Minutes REGULAR MEETING MINUTES OPEN SPACE, TRAILS & EQUESTRIAN COMMISSION Monday, May 7, 2012 A. CALL TO ORDER: The Chairman called the regular meeting of the Open Space, Trails and Equestrian Commission to order at 7:52 p.m. following the Special Joint Meeting of the Open Space, Trails & Equestrian Commission and Parks, Recreation and Senior Services Commission. B. PLEDGE OF ALLEGIANCE: The Chairman led the Commission and audience n the Pledge of Allegiance. C. ROLL CALL: COMMISSIONERS PRESENT: Chairman Rob Ferguson Vice-Chair Ilse Byrnes Kenneth Hart Al King Elliott Levenson Renee Ritchie COMMISSIONERS ABSENT: Tom Ostensen (excused) STAFF PRESENT: William Ramsey, AICP, Assistant Director Grant Taylor, Development Services Director D. ORAL COMMUNICATIONS: None. E. CONSENT CALENDAR: Staff noted that the Draft minutes were still under preparation and would be agendized for the next regular Commission meeting. The Commission continued consideration of the Consent Calendar items to the June 4, 2012 meeting. F. UNFINISHED BUSINESS: 1. Continued Review of the Open Soace Trails & Equestrian Commission's Priorities (William Ramsey. AICP, Assistant Director). The Commission ATTACHMENT OSTEC Minutes 2 May 7. 2012 conducted a review of the Commission priorities including previously conducted work at the Commission's regular February meeting with Cindy Russell, Administrative Services Director and former Commission secretary. Commission Action: By motion duly made and seconded, the Commission unanimously voted to approve the Commission priorities with revisions as provided by the Open Space, Trails & Equestrian Commission 2012 Project Priorities approved May 7, 2012 and attached hereto. G. NEW BUSINESS: None. H. INFORMATION ITEMS: 1. Status Report on Capital Improvement Project, East Open Space Bikeway and Equestrian Trail (proiect manager: Joe Mankawich, Associate Engineer). Joe Mankawich, Associate Engineer briefed the Commission on the planned bikeway and trail improvements. He noted that the bikeway improvements planned for Parcel 8 on the north side of San Juan Creek would be completed by the Open Space Foundation as part of the East Open Space, Citrus Grove capital project. Consequently, the capital improvement project is now limited to constructing the multi-use trail along the south side of San Juan Creek. Commissioner Ritchie remarked that the trail should be designed to extend through the Riding Park to connect to the trail system along San Juan Creek Road and the south levee of San Juan Creek. Commission Action: By motion duly made and seconded, the Commission requested the Trail Working Group and staff to investigate a potential trail alignment through the Riding Park. 2. Status Report on Capital Improvement Proiect (CIP) 10201 Joe Cortese Dog Park at the Northwest Open Space and 11202. East Open Space, Citrus Grove-Parcel (proiect manager: David Contreras, Senior Planner). David Contreras updated the Commission on the Joe Cortese Dog Park informing them that all plans had been completed, submitted, reviewed by the City and were ready for issuance to the Open Space Foundation to begin work. David Contreras updated the Commission on the status of planning for the East Open Space, Citrus Grove. He noted that staff was working closely with the Open Space Foundation to identify all costs associated with the proposed project including both capital and operating costs, and allocating the responsibility for such costs. He stated that the cost issue would be presented to City Council for review and approval. OSTEC Minutes 3 May 7 2012 Commission Action: The Commission received and filed the report. I. COMMITTEE REPORTS: 1. Northwest Open Space Working Group. 2. Trails Working Group. 3. Finance Working Group. J. ADJOURNMENT: The Chairman adjourned the Open Space, Trails, and Equestrian Commission meeting to Monday, June 4, 2012, at 6:00 p.m. Approved: William A. Ramsey, AICP, Assistant Director Commission Secretary ti' Open Space,Trails&Equestrian Commission 2012 Project Priority List(Approved May 7,2012) c i a c Comments Y e e e (Note:Yellow highlighted items are priorities that either how Draft Rated Priorities ¢ i u. m x O r ¢ Project Status be en completed or are in process.) 1. OPEN SPACE MANAGER POSmON Recommend that the City Council create,fund.and authorize Filling the OSM position,and establish hiring target date, x x x x x 5 qualifications,job description. 2. COMPLETE MULTI.USETNAILCONNECrIONS CIP Funding for New M did Use Trails. z x x z x 5 Trail fund l ng provided In the FY 3017 CIP budget,$50,000 annually. Trabuco Creek Trail from Rancho Viejo Road to Arroyo Subcommittee Ritchie,Byrnes and Han Trabuco Goff Course. Combine with all trail connection Issues. San Juan Creek Trail tram the Oaks(Joan Irvine-Smith)to Unkage from levee to northerly side of Amona,Crossing RMV Riding Park at SSC. completed. Equestrian rest area to be funded by Oaks per license agreement and designed and constructed by the Open Space Foundation. Identify and review unconnected trail linkages. Ongoing working group. Subcommittee Ritchie,Byrnes and Han Malaspina Trail connection to Mission Hills Trail. x 1 Hunt Club Trail from Hunt Club to RMV Riding Park. Subcommittee Ritchie,Byrnes and Hart Oso-Rancho Capistrano Trail connection between SIC andx 1 Subcommittee Ritchie,Byrnes and Hart Bear Brand. East Open Space,Parcel 8(Citrus Grovel Trail. Working group formed Included in FY 11/12 and FY 12/13 CIP budget. Grants applied (King and Ostensen). for. 3. ACCESSTO OPEN SPACE _ RMV Riding Park multi-use trail along south side of San Juan Creek. x x 2 General trail maintenance issues in Open Space lands. Ongoing work group. Budget update provided from Public Works Dept.and reviewed by Trails Working Group. On ranking,7 is highest and 1 is lowest. page 1 of 4 Open Space,Trails&Equestrian Commission 2012 Project Priority List(Approved May 7,2012) u Si „ ¢ Comments t E Q `e x (Nate:Yellowhighlighted items arepnorities thateltherhave Draft Rated Priorities ¢ _ $' m £ o .u, z° smilectstotus been completed or are In process.) 4. NORTHWEST OPEN SPACE Phase I Park and Improvements to the NW05.Plans,budget See comments. Phase I Park improvements included in FY 11/12 and 12/13 and timeline.Grant opportunities. budget. .Consultant to be retained to begin design of the Phase 1A plans during May-June 2012. Conceptual planning for future uses of the NWOS. See comments. No subcommittee.Future agenda item for discussion x 1 Phase gland Use Allocation Bubble plan previously approved by Open Space Committee and City Council Review of Swanner House Proposal(s). x z z z z See comments. No subcommittee.Future agenda item for discussion. 5 Develop specific use initiatives for the Northwest Open Space Including cost recovery. x LX x x x 6 S. NWOS CARETAKER PROPERTY Evaluate potential planning and future use of the site andSee comments. Forma subcommittee potential extension of an East Trabuco Creek Trailfmm z x x x x 5 Combine with NWOS Saddleback Valley Christian School. 6. RINGS 90E CORTESr DOG PARK Develop and review conceptual plan,budget and timeline. Final design completed. The Open Space Foundation has offered to construct project.City Council has accepted OSF offer and approved project design. 7. 2C RANCH-TIIABUCA CREEK HABITAT RESTORATION Continuation of grant funded habitat restoration projects on See comments. Currently underway. Project spans several fiscal years in 11-18 2C Ranch and along Trabuco Creek. CIP budget. 2C Ranch Trail Rest Area. Project substantially 05 Foundation currently constructing a resting area at the 2C Completed May 2012. Ranch property.Project has City Council approval. 8. RMV Riding Park at San Juan Capistrano . Develop specific use initiatives for the Riding Park including Is x z x x x 6 Ongoing work group Subcommittee Lombardo and Ferguson On ranking,7 is highest and 1 is lowest. page 2 of 4 Open Space,Trails&Equestrian Commission 2012 Project Priority List(Approved May 7,2012) o . o o Comments ig 9 C e zx d i e (Note:Yellow hi9hli9hteditems are priorities Not eltherham Draft Bated Priorities ¢ S w m Y O ,. ¢ Fmilectstatus been completed or are in pmress.) cost recovery. Obtain clarification on Riding Park bond limitations(limits an x x x 3 revenue generation). Master calendarfor RMV Riding Parkevents. Completed Provided at April 4,2011 meeting Review all current leases for the Riding Park and Open Space. See comments Staff presented RMV Riding Park leases at April 4,2011 OST&E meeting.(Completed except for Swanner House) 9. FINANCIAL MANAGEMENT AND PLANNING Review of the 7Year Capital Improvement Program(CIP) Completed 7-yearCIP included in April 4,2011 OST&E staff report( Completed) Fundraising opportunities. x 1 Maximizing uselbenefit of existing facilities. Identify all forms of potential income. Ongoing work group Combine with item below"Income generating_" Subcommittee Lombardo and Ferguson Develop income generating initiatives then recycle into open Ongoing work group After Open Space Manager hired,Lombardo and Ferguson. space,trails and equestrian. Review of current and past operations budgets. Develop strategic plan to implement the priorities. Grant opportunities-Report on past grant successes and Ongoing work group Finance Subcommittee to review.Future agenda to have staff future grant applications, presentation 10. PENDING OR FUTURE LAND ACQUISITIONS Review of all pending open space land purchases. None pending. None pending. 11. GRANT FUNDING/HABITAT RESTORATION On ranking,7 is highest and 1 is lowest. page 3 of 4 Open Space,Trails&Equestrian Commission 2012 Project Priority List(Approved May 7,2012) c i e e Comments e o w (Note:Yellow highlighted items are priorities that either haw Orpt Rated priorities z 2 W m `Y O ¢° pralectStator been completed or are in process.) Continue to pursue grant funded acquisitions along Trabuco z x x 3 Ongoing work group Subcommittee Ferguson Creek for open space and habitat conservation. 12. COMMUNITY INVOLVEMENT Identify/develop of community events on open space sites. x x z x 4 See comments No subcommittee Commission action in future Establish volunteer program and opportunities. 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Rent Temporary -5vrmXPrw ewm Wneme mnenana zmxs nm rYp,wlry umiwmJana Frroay pie Portable Toilets 10i '0NI up an MCOOM Cl,Nt „rmar9.ar 0.11.11 IN ml smmney a sunpeY Construction a»SveJes moanw.°Ip sarvme»I...»arl—n -IIy..JO nO have aJ Open NU ."wo IO w BSXep to 011 Cuta 1 An, Ire tl9hl POra-Wiry ono 9l1. cmoil aN11064e10°n Imm It,10,by aeon WN nIp110r cOnYlruolOp vms.4Mellrer IM10a.... en uNen OgrvnSC, 0m esO 3 Po,u01e1oAelamOoums•2ym O01h accssv0prly anJ... Se fOrnnl �, ATTACHMENT http://www.mesawasteservices,com/faq.php NPS Form 10-Se0 OMB No.1024-0018 (OCt.1990) United States Department of tate Interior National Park Service National Register of Historic Places Registration Form This form is for use In nominating or requesting determinations for Individual properties and districts. See instructions In How to Complete the National Register of Historic FJaces Registration Form(National Register Bulletin 16A). Complete each Item by marking Yin the appropriate box or by entering the information requested If any Item does not apply to the property being documented,entor"WA"for"not applicable.' For functions, architecture)classification,materials,and areas of significance,enter only categories and subcategories from the Instructions. Place additional entries and narrative Items on continuation sheets(NPS Form 10.900a). Use a typewriter,word processor,or computer,to complete all items. 1. Name of Property historic name Williams, Roger Y., House other names/site number Swanner House 2. Location street&number 29991 Camino Capistrano h1a ❑ not for publication . city or town San Juan Capistrano n/a (1 vicinity state California code CA • county Omnae code 059 zip code 92675 3. StatelFederal Agency Certification As the designated authority under the National Historic Preservation Act of 1968,as amended,l hereby certify that this 19 nomination 0 request etatminalon of ell gl Ity ams the documentation standards for registering properties in the National Register of Historic and meets the proceffn ' professional requlremente set forth In 36 CFR Part 60. In my opinion,the property 10 meets es not meet the Nallster Crlteda. I recommend that this property be considered significant 0 nationally 0 statemdf a locally. (0 See ccsheat for addrdona)comments.) t� �.,.� ?.Oaf. Signature of certifiMp oMd Data citlif6mia Office Of s ll State or Federal agency and Iureau in my opinion.the properly 0 meats O does not meet the National Register criteria.(0 See continuation shoot for additional Comments.) Signature of commenting or other official Date' State or Federal agency and bureau 4. National Park Service Certification t hereby certify Thal this property Is: Signature of the Keeper Date of Action 0 entered In the National Register 0 See continuation sheet. 0 detemminned eligible for the National Register 0 See continuation sheet 0 deteradned not eligible for the National Register 0 removed from the National Register 0 other(explain): ATTACHMENT 10 ,ladonal Register of Historic Places Listings Page 1 of 4 fanuary 19,2007 Che Director of the National Park Service is pleased to send you the following announcements and actions on properties .or fhe National Register of Historic Places. For further information or if you would like to receive this list weekly via e- nail,contact Edson Beall via voice(202)354-2255 or E-mail:Edson Beall Onps.gov Jur physical location address is: National Park Service 2280 National Register of Historic Places 1201."1" (Eye)Street,N.W. Washington D.C.20005 Please have any Fed Ex,UPS packages sent to the above address.Please continue to use alternate carriers,as all mail 3elivemd to us via United States Postal Service is irradiated and subsequently damaged. ..4ationaI Register Information System(NRIS)Web Database Refreshed January 9,2007. For information on how to search our on-line database,please go to:hap://www—cr.nl2s.gov/nr/rcsoarch/Mris.htrn 1f you are familiar with the KRIS,you may go directly to our search page:htmJ/www.nr.nns,.-av/ WEEKLY LIST OF ACTIONS TAKEN ON PROPERTIES: 1/08/07 THROUGH 1112/07 KEY: State,County,Property Name,Address/Boundary,City,Vicinity,Reference Number,NHL,Action,Date, Multiple Name ARIZONA,MARICOPA COUNTY, Medlock Place Historic District, Roughly bounded by Missouri Ave.,Camelback Rd.,7th Ave. and Central Ave., . Phoenix, 060.004341, . ADDITIONAL DOCUMENTATION APPROVED, 1/09107 CALIFORNIA.ALAM EDA COUNTY, _ Altenheim, 1720 MXArthur Blvd., Oakland, 06001218, LISTED, 1/10/07 CALIFORNIA,MARIPOSA COUNTY; Wawona Covered Bridge, Pioneer Yosemite History Center, Wav tdna, 06001261, LISTED, 1/11/07 CALIFORNIA,ORANGE COUNTY, Williams,Roger Y.,.House, 29991 Camino Capistrano, San Juan Capistrano, 06001237, LISTED, 1/10/07 , COLORADO,LARnMER COUNTY, Shaffer,Henry K. and Maiy E.,House, 1302 N.Grant Ave., Williams, Roger Y.,House Orange.CA a of PropertyCounty and State 5. Classification Ownership of Property Category of Property Number of Resources within Property (Chadc as many bozos as apply) (Check only one box) {Do not include previously listed resourm in the count.) ❑private ®building(s) Contributing Noncontributing ®public-local ❑district 2 buildings ❑public-State ❑site sites ❑•public-Federal ❑structure t structures ❑object objects 3 Total Name of related•muldple property listing Number of contributing resources previously listed In (Enter'WX If property is not part of a multiple property listnpi the National Register N/A NIA 6. Function or Use Historic Functions Current Functions (Enter categories tram instructions) (Enter categories from Instructions) DomastldSinale Dwarfing Not In Use DomestialSeowdan+Structure Not In Use ag&ultural/Subsistence Not In Uge 7. Description - Architectural Classification Maderiais (Enter categories from instruWow). (Enter categories from InsbuWons) Craftsman foundation Concrete roof Comlaosltion Shingle walls Wood other Brick(chimney) Narrative Description (Describe the his0ork and mvent condlaw of the property on we or more continuation sheets.) Williams,Roger Y.,House Qrange.CA County and State t3. Statement of Significance Applicable National Register Criteria Areas of Significance (Mads X in one or more boxes for the criteria qualifying the property (Enter categories from instructions) for National Register listing) Architecture ❑A Property is associated with events that have matte a significant contribution to the broad patterns of our history. ❑B Property Is associated with the lives of persons significant In our past. ®C Property embodies the distinctivve characteristics of a type,period,or method of construction or represents the work of a master,or possesses high artistic values,or represents a significant and distinguishable entity whose components lack Period of Significance Individual distinction. 1923-1956 ❑D Property has yielded,or is likely to yield Information Important in prehistory or history. Criteria Considerations Significant Dates (Mark`r in an the boxes that apply.) 1923 Property is: ❑A owned by a religious institution or used for Significant Person religious purposes. (Complete if Criterion S is marked above) WA ❑B removed from its original location. Cultural Affiliation ❑C a birthplace or a grave. N/A ❑D a cemetery. Architect/Bullder ❑E a reconstructed building;object or structure. Unknown [3 F a commemorative property. ❑G less than 50 years of age or achieved significance within the past 50 years. Narrative Statement of Significance (Explain the alpilicanoe of the property on one or more con6nuafion sheets.) •9. Malor Bibliographical References (Cite the books,articles.and other souroes used in preparing tt►ls form on one or more continuation sheets.) Previous documentation on file(NPS): Primary Location of Additional Data ❑preliminary determination of individual listing(36 ❑State Historic Preservation Office CFR 67)has been requested. ❑Other State agency ❑previously listed in the National Register ❑ Federal agency ❑previously determined eligible•by the National ®Local government Register ❑University ❑designated a National Historic Landmark ❑Other ❑recorded by Historic American Buildings Survey Name of repository. # County of Orang2 Archives Santa Ana.CA ❑recorded by Historic American Engineering Record# Williams R r Y. House txle Orange.CA Name of Property County and State 10. Geographical Data Acreage of Property Less than one UTM References (Place additional UTM references on a continuation sheet) Zone Fasting Northing Zone Easting Northing 1 .11 437600 3709900 3 — 2 _ 4 _ 0 See conlim allon sheet. Verbal Boundary Description (Describe the boundarles of the property on a continuation sheet.) Boundary Justification (Explain why the boundaries were selected on a contrtuafbn sheet.) 11. Form Prepared By name/title Ilse M. Bvmes,historian and LSA Associates Inc..Janet Hansen,Shannon Carmack and Tanya Sorrell organization LSA Associates Inc. date August 3.2006 street It number 1600 Iowa Avenue telephone -7614310 city.or town Riverside state-P-A— zip code 92507 Addltlonai Documentation- Submit ocumentationSubmit the Wowing items with the completed form: Continuation Sheets Maps A USGS map(7.5 or 15 minute series)indicating the propertys location. A Sketch map for historic districts and properties having large acreage or numerous resources. Photographs Representative black and white photographs of the property. Additional items (Check with the SHPO or FPO for any additional items) Property Owner (Complete this Rem at the request of the SHPO or FPO.) Name City of San Juan Capistrano Attn: Teri Delcamp street&number 32400 Paseo AdeWft telephone 949-443.6330 city or town San Juan Capistrano state_CA zip code 92675 Pgwwork Reftcdon Act StaUMMI: This informaIW Is bOV collected for applications to the National Register of Historic Places to noondnaate i pncporom Ion rung or deleanine eRgMft for Root b tat pmpsrtbs,and to amend e*ft RResponse to Responto 9*request Is required to obtain a WON In accordance with the National Hslorlo Preservation Act,as amecded(16 U.S.C.470 at seq.). gadmated Burden Statement Public reporting burden for this lone Is estimated to average 16.1 hours per response including the time for reviewing Instructons,gathering and malntakft data.and compieft and reviewing the form. Direct comments regardirq this burden estimate or any aspect of this ftorm b the Chief.Administrative Services Division,National Park Service.P.O.Box 37127.washinglon.DC 20013-7127:and the Office of Management and Budget.Paperwork Reduction Project(10240018).Washington.DC 20603. 0M8 Ka 10224-MO NpS Fpm 1P90Pa AAara'd United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 7 Page 1 Williams,Roger Y.,House Orange County,CA Narrative Description: /153/ 50 Summary Paragraph: I V17521 I G 4 7 3 3 The Roger Y. Williams House is situated on a.35 acre parcel on the west side of Camino Capistrano.The parcel slopes downward to the west so that the rear of the property is at a slightly lower elevation than the front. A two-story Craftsman style residence is situated at the , northwest corner of the property and is set back approximately 72 feet from Camino Capistrano. A water tower is located.southwest of the residence sand a garage is located just southeast of the water tower.All.three buildings were constructed in 1923 and are contributing features of the property. Mature specimen trees,numerous plants and shrubs and areas of lawn provide the landscaped setting for the house.The property is secured with chain link fencing.Approximately 32 acres of producing navel orange grove surround the property on the south and west sides,a portion of which will be preserved by the owner to maintain the property's setting.Large cedar trees are located east of the property along Camino Capistrano.Interstate 5,which is 165 feet east of Camino Capistrano and elevated six to eight feet above the property,is largely sheltered from view by trees.The residence,water tower,and garage appear virtually unaltered from their date of construction. Minor alterations include re-roofing of the.buildings(2003)and installation of rain gutters on the residence and garage(2005).All buildings were repainted(2005)a soft grayish green following paint analysis to determine the original color.The buildings and property retain a remarkable degree of integrity from the period of significance. Residence This two-story,attic and basement Craftsman style residence is rectangular in plan.It has.a wood frame resting on a raised board-formed concrete foundation punctuated with rectangular shaped vents. Due to the topography of the site,the foundation is about four feet higher at the rear of the house than at the front.The exterior of the residence is sheathed in horizontal redwood siding that is patterned two narrow and one wide,and is slightly flared at the foundation.The medium pitched gable roof is sheathed with composition shingles and has overhanging eaves and - decorative rafter tails. Simple bargeboards,decorative knee brackets,and rectangular shaped attic vents are located at the gable ends.Simple wood banding is located above the second floor windows at the fagade and rear elevation.A red brick chimney is centrally located on the roof. Fenestration consists primarily of wood frame double hung windows with simple flat wood trim and sills. NPS fam 1040" OW Agp MW N2610")0te M-" United States Department of the Interior National Park Service .National Register of Historic Places Continuation Sheet Section number 7 Page 2 Williams,Roger Y.,House Orange County,CA The entrance facade features a one story extension from the maid body of the house.It has a gable roof at the south end that echoes the detailing of the main roof with overhanging eaves, bargeboards and knee brackets.Wood shingles are located beneath the gable end.The roof shelters the one-half width front porch that is supported by three square wood posts.The porch is entered from the south by two concrote steps and features a concrete floor.From the porch,the residence is accessed via a wood paneled door'with a modern screen door(date unknown).The door is flanked by single double hung windows set in full length paneled wood frames that effectively form sidelights.At the north wall of the porch,curved shelves are located in each of the two comers;a single wood frame double hung window is located between the shelves. The one story portion of the fagade north of the porch is capped with a hip roof. A single fixed picture window is centrally located below.Two pairs of symmetrically placed wood frame double hung windows are located at the second story portion of the fagade. The north side elevation is relatively unadorned except for single and groupings of wood frame double hung windows.The mar elevation features a one story portion which extends west from the main body of the house and a few feet beyond the wan of the north side elevation.It has a hip roof with overhanging eaves and decorative rafter tails.Fenestration on the rear consists of single wood frame double hung windows at the second story and casement and wood frame double hung windows at the fust story. A slight extension of the roof on the south elevation shelters a simple side porch. This concrete porch is entered from the west by two steps and features metal pipe railings.The porch door appears to have been replaced(date unknown).Fenestration on the south side consists of single and pairs of wood frame double hung windows. Interior The front door opens up to a small vestibule.To the left and right side of the front,door are two built in bookcases with glass doors.There are two interior doors from the vestibule;one leads into the large parlor and the other leads into the kitchen.The parlor opens up to a large dining room.Thea are no doors between these two rooms,only an opening framed by stained fir wood trim. In the parlor,on either side of the large window on the eastside,are two large stained fir built in bookcases with glass doors.They are the same style as the ones in the vestibule and are original. The dining mom has a built in buffet that is also stained fir with original glass knobs. Kasramto�ow pusApprw�reo.ra�-0ore (�1 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 7 Page 3 Williams,Roger Y.,House Orange County,CA The kitchen is located on the south side of the.house.The floor,sink,and stove are not original. Evidence of the old stove pipe opening in the wall is located above today's stove. All cupboards are original.On one wall is a cupboard that has pull-out drawers lined with tin.On the wall adjacent to the mudroom is a cupboard with small sliding doors.The cupboard was used to-keep food such as milk,butter and eggs cool with the help of a block of ice that was stored between the mudroom and the cabinet.The mudroom is accessed from the small porch on the south side. All cupboards are original 5r wood with the exception of the electrical panel which is new.The floor is covered with new vinyl.The door from the kitchen to the mudroom and the door from the mudroom opening to the small hallway both have original transom windows with hardware. A door from the kitchen and one from the mudroom open to the stairway that goes to the basement.There is a small storage room at the bottom of the stairs.In the enter of the basement are a gas furnace and a brick chimney that goes to the roof.The house is heated by gravity and the chimney serves as a vent for the kitchen stove and the heating system.Rooms on the ground and second floors have small floor registers. On the northwest corner of the ground floor is a large bedroom with a closet.Above the bedroom door is a transom window with the original hardware. The bathroom is off the hallway next to the mudroom.It has the original fixtures,mosaic file floor,tub and cabinets,and a new vanity cabinet. A narrow hallway between the dining room and the bedroom connects to the kitchen and then the porch.It is also the entrance to the stairs leading to the second floor.This entrance has two narrow swinging doors.The doors have frosted patterned glass panels which are original. Very likely,these doors served to keep in the beat on the ground floor. On the second floor the stairs lead to a main hallway extending across the rear of the house. There are two large bedrooms facing east,each with a walk-in closet.Each of the closets has small sliding windows to the hallway that*allow for light and air circulation.There is also a sliding wood door between the two closets for additional circulation. The bathroom is on the south side off the hallway and the fixtures are not original.Brass hooks with porcelain knobs on the wall of the bath appear to be original. On the northwest corner off the hallway is a small room that may have been a sewing room.All of the cabinet doors are original as is the hardware.The attic over the second floor is reached via a trap door in the hallway ceiling. NPs ramto-SO" OMBAWr"W ION-MIS Pam United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 7 Page 4 Williams,Roger Y.,House Orange County,CA The oak floors throughout the house are original.Light fixtures are not original,although some fixtures stored in an upstairs cupboard may be original to the home. Tank House The tank house emulates the Craftsman design and detailing of the main residence.It is square in plan(12 x 12 feet),35 feet in height,and has a wood frame*resting on a concrete foundation.The tower is sheathed in horizontal redwood siding in the same pattern as the residence..It is capped with a hip roof sheathed in composition shingles with overhanging eaves and decorative rafter tails.Wood frame double hung windows am located on the lower portion of the tower,while rectangular wood frame horizontal slat vents are located on the upper portion of the tank house. The tank house is entered on the east facing fagade via a wood paneled door.The original water tank is still located on the top level of the tower. Game The 18 x 20 foot garage has a wood frame resting on a concrete foundation.It is sheathed with horizontal redwood siding in the same pattern as the residence and water tower.The gable roof has overhanging eaves and decorative rafter tails.The gable edd has simple bargeboards and a decorative lattice vent on the east facing fagade.The garage is entered via a pair of wood paneled horizontal sliding vehicle doors.Multi-light windows are centrally located in the upper portion of each door.The north side elevation features a wood door at the west end.The rear and south facing elevations feature simple wood frame double hung and casement windows.Remnants of a concrete driveway remain in front of the garage. Lands The area in front of the house and between the house and garage features a lawn.A concrete walkway runs along the south side of the house and in front of the water tower to the garage.A small garden is located to the rear of the residence.Shrubs and flowers are located throughout the property.Mature tree specimens include a large camellia at the front entry,two large walnut trees to the south and a Bottlebrush tree to the north.To the east,fronting Camino Capistrano is a large Liquidambar tree.In the right-of-way along the front of the property are several large Cedar trees that line this portion of Camino Capistrano. WS Fon 10eow 0U8 AAV W ft=#-Wfe (a•es) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 5 Williams,Roger Y.,House Orange County,CA Statement of Significance: The Roger Y.Williams House is significant as one of the few remaining intact examples of a ranch house in San Juan Capistrano.This once common,but now rare,property type reflects the late nineteenth and early twentieth century agricultural history of the San Juan Capistrano area. The property is eligible for listing in the National Register of Historic Places,at the local level of significance,under Criterion C,within the context of architecture.The period of significance is 1923,the date of construction of the residence and outbuildings,to 1956.The end date is arbitrary,based on the National Register of Historic Places criteria,as the property continued to function as a ranch house by descendants of the Williams family after 1956.The property is currently owned by the City of San Juan Capistrano and has been designated a"Building of Distinction." Agricultural development of the area that would become the City of San Juan Capistrano began when the Mission San Juan Capistrano was established by Friar Junipero Serra in 1776.It was the seventh in a chain of 21 Spanish Franciscan missions founded along the California coast from San Diego to Sonoma Mission Jan Juan Capistrano holdings were mainly used for cattle ranching for the trans-pacific hide and tallow trade.Local Native Americans provided the labor to construct the mission and surrounding settlement and plant subsistence crops.By the end of the eighteenth century,nearly one hundred adobe homes were clustered around the mission, many of which remain today.(1) Following Mexico's independence from Spain,the missions were secularized and the land was sold to politically prominent Mexican families who continued the ranching activities introduced by the mission padres.The adobe town that surrounded the mission was declared a site for".free" Indians.In 1845,John Forster purchased Mission San Juan Capistrano and its surrounding 250,000 acres from his brother-in-law,Governor Pio Pico.(2) In 1848,after California became a United States territory,many of the large rancho grants were rejected and the land was offered up to claim to the advantage of new Anglo settlers.Drought conditions in the 1860s also caused many ranchos to fail and put their owners in debt. Through the 1860s and 70s,Forster was forced to sell off pieces of his vast rancho,which allowed smaller scale farming activities to develop in the Capistrano Valley area.(3) In 1868,newcomer Judge Richard Egan purchased 160 acres of land near the village of San Juan Capistrano.He also purchased 600 acres of land east of the mission and established residence in an old adobe on the property.Egan planted English walnuts,eucalyptus and Lombard poplar trees.(4) He later became the earliest elected representative of the town as well as justice of the KPS ram 10.900.4 ONDApa"Ift I024-0018 I9e91 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet f Section number 6 Page 6 Williams,Roger Y.,House Orange County,CA peace.(5)In 1883,Egan-moved out of the adobe into a new Queen Anne style residence, located in the center of the town,just two blocks south of the nussion.(6,7) Agriculture and cattle ranching became driving economic forces in the Capistrano Valley.By 1870,the village of San Juan Capistrano consisted of several shops and saloons,a school,post office,and a number of residences.The census for the same year reported a total of 345 residents of Mexican descent and 31 residents of Anglo heritage.(8)By the late 1880s,the Santa Fe railroad arrived;it not only brought new settlers,but also made the export of produce and livestock'easier.The population nearly doubled to 600 and it was reported that 3,000 acres of land surrounding the village were under cultivation.(9) By the late nineteenth,century,walnuts were the primary crop under cultivation in San Juan Capistrano,with orchards heavily planted north of the small community,along Trabuco Creek.(10)San Juan Capistrano's average agricultural production for the 1890s consisted of 62 tons of walnuts as well as six carloads of oranges,three carloads each of apples and apricots and two carloads of pears.(11) By 1896,the local ranchers established the Capistrano Walnut Growers Association to represent their local interests.(12)A packing house was constructed at the northwest part of the town, between the railroad and Occidental Street.(13)Walnuts continued to be the primary crop under cultivation until the 1920s,when a large segment of the local crop was destroyed,most likely a result of crop blight.(14,15).At the beginning of the 1920s,San Juan Capistrano ranchers were growing an average of 400 tons of walnuts per year,but by the end of the decade local crop reports indicated that only 75 tons of walnuts were produced in the.area.(1 6,17).In the decades that followed,citrus replaced walnuts as the primary crop as San Juan Capistrano ranchers began planting oranges and lemons as well as grapes and avocados.(18,19). In other parts of the county,citrus planting began as early as the 1870s,making its arrival in San Juan Capistrano relatively late.Ranchers soon discovered that the area's climate was,quite favorable to citrus,and it could be grown outdoors in the winter. As oranges became the primary crop in the region,local growers soon found themselves dealing with many of the problems faced by orange growers throughout the county.The local growers were limited in how they could market their fruit.Wholesale fruit buyers and the local growers often disagreed on a fair market price for the produce,with the buyers regularly getting the better deal.Growers began to organize cooperatives to address the various problems that they were encountering.The earliest orange cooperatives began in 1885,however the most significant exchange,the Southern California Fruit Exchange was established in 1893.(20) NPS Fain 1060" 0W1AAXW-W W IM-WId (seaf United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 7 Williams,Roger Y.,House Orange County,CA In 1934,the American Fruit Growers Association built a packing plant in San Juan Capistrano. (21,22). Evidence of confidence in the future of the local citrus industry was furthered in 1935, when the California Fruit Growers Exchange chose San Juan Capistrano as their new headquarters.(23) The varied topography of San Juan Capistrano often determined where ranches and their associated residences were located.The Capistrano Valley consists of steep sloping hills ranging from 500 to 900 feet,separated by numerous stream channels that course southwesterly towards the Pacific Ocean.In the flatter-lying areas the land is characterized by alternating low mounds and depressions,as well as flat alluvial fans.From the Anglo period of settlement,the development of agricultural land in Southern California generally followed a deliberate and planned pattern;standard surveying patterns placed an artificial grid over the landscape.In contrast,the topography of the San Juan Capistrano area led to the unsystematic development of agricultural land often resulting in discontiguous and misshaped parcels.(24) Two types of ranch properties were developed in San Juan Capistrano during the late nineteenth and early twentieth centuries.The smaller family farms averaged about 30 acres in size and typically consisted of one large or several contiguous parcels.The ranch contained a residence and outbuildings surrounded by agricultural land.The larger ranches ranged from 100 to 500 acres.(25)The families typically resided on one small parcel of land,ranging from less than one to three acres in size.The property would typically include a residence,smaU ancillary buildings, such as a garage,'and a water source.Towers or tanks provided water to the residence via gravity and a gasoline driven pump was generally located in the kitchen.The area immediately surrounding the house was landscaped with trees and gardens.The land under cultivation was located near the family residence,but was not always contiguous with the residential parcel-(26) In these cases,larger agricultural buildings,such as barns,and equipment were placed on the farmed lands away from the residence. Regardless of the ranch size,ranch houses were typically one to two stories in height,wood frame in construction and reflected a variety of architectural styles.Those constructed during the turn of the century period were modest variations of Victorian era styles.During the first decade of the twentieth century the Craftsman style was popularly used in the design of'ranch houses. Craftsman architecture generally stresses the natural beauty of wood and the relationship of a building to its surrounding landscape.The distinctive features of the Craftsman style include a fiont porch supported by piers,wood siding,overhanging roof eaves with decorative brackets, and ample use of casement and double hung windows.Associated outbuildings often echoed the NM Foam 104004 aueew,80600Ia United States Department-of the interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 8 Williams,Roger Y.,House Orange County,CA architecture of the house in the use of Craftsman details.The R.Y. Williams House is an excellent example of an early twentieth century ranch house and typifies the property type. Roger Yates Williams and his family came to California from Minnesota in 1880 and settled in Villa Park.After completing his schooling there,he went to Los Angeles to study law.He passed the bar in 1892,and established his career in Santa Ana.(27,28)In 1895,Williams married Lizzie D.Carson,who was also a native of Minnesota.(29)The couple resided in Santa Ana during most of Williams' law career. In 1913,Roger Williams and his brother William purchased 347 acres(30)in the northern portion of San Juan Capistrano from Judge Richard Egan,who had owned the property since 1868.(31,32)With the assistance of their brother Guy,the Williams planned to grow walnuts on the property and subdivide a portion of the land into family farms.(33) In 1916,Roger and William granted their brother Guy a 17.25 acre triangular-shaped parcel in the northern portion of their land.(34) The same year Guy and his wife Catherine Bathgate Williams built a two-story Craftsman style residence on one-acre fronting Highway 101,now Camino Capistrano. In 1923,Roger and Lizzie Williams built their two-story Craftsman house.on the.35 acre parcel that was subdivided that year from the larger property.Their house was constructed just south of Guy's house and also fronts on Camino Capistrano.The property includes a garage and tank house that were designed to complement the style of the residence.The Williams landscaped the yard around their house with walnut and fruit trees.By 1924,the couple relocated to San Juan Capistrano from their residence in Santa Ana.(35) In the 1920s,Roger and Guy transitioned from walnuts as their primary crop to oranges. By the end of the decade the brothers had earned recognition for their success in citrus ranching and . were featured in a 1929 interview for Overland Monthly magazine.According to the article, Roger Williams had,"for years been transforming the bean fields and waste stretches of this fertile little valley into a veritable paradise of citrus and walnut orchards."(36) In Dos Cientos Anos en San Juan Capistrano, author Patricia Hanan also discussed the Williams' citrus activities,stating,'The Williams'can be credited with starting the citrus industry in Capistrano which grew in to this major business in the 30s and 40s."(37) In 1931 Lizzie Williams passed away.(38)Nine years later,Roger died and interest in his property was divided between his brother Guy and his nephews,Charles and John Swanner.John was an independent oil producer living in Wichita Falls,Texas and visited the property NPS Fan1040ft CMSAppwa►Ma 1024-MIS fel United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 9 Williams,Roger Y.,House Orange County,CA periodically.(39)Charles practiced law and lived in Santa Ana.The Swanners did not play a day to day role in the operation of the ranch,as it was maintained by Guy Williams until his death in 1952.(40)Descendants of the Swanner family owned the residence until 1991,.when it was purchased by the Qty of San Juan Capistrano with the intent of preserving it as a significant example of an intact ranch house. Many other prominent families owned ranches in San Juan Capistrano in the late nineteenth and early twentieth centuries.However,in the post WWII period,as agricultural land gave way to suburbanization,many historic ranch houses and associated buildings were demolished or relocated to make way for residential subdivisions,commercial development and freeways. Demolished ranch houses include those of the Smith,Rosenbaum,McKinley,Honeyman, Strohschein,and Oyharzabal families.Relocated properties include the Folk Victorian style Hankey/Rowse residence(1884;30981 Via Cristal)which was moved a few yards from its original site in 1994 and is now surrounded by a modern residential subdivision.(41) Likewise the F.rrecarte House(1910;30882 Via Errecarte)was moved and reoriented from its original site to a place farther back on the lot and is also surrounded by a modem residential subdivision.The Craftsman style Leck House(1920)was relocated in three pieces to Los Rios Street in December 2005,and is currently in the process of obtaining building permits for adaptive reuse as a museum. While other ranch houses remain in their original locations,the integrity of setting,feeling and association have been compromised. The Craftsman style Harrison Residence(1906;27762 Ortega Highway),while listed in the National Register,is surrounded by new residential development.The one-story Folk Victorian style Rudolphus B.Cook Residence(1882;32222 Del Obispo Street)is now part of a church property and is surrounded by an asphalt-paved parking lot and a U-shaped two-story church building.The Craftsman style Buchheim Residence (date 1926;26560 Calle Lorenzo),is completely encompassed by residential development and' has virtually no visibility from any public street. The Joel R.Congdon House,Roger Y.Williams House and Guy Williams House are the only three intact and in situ late nineteenth to early twentieth century ranch houses surrounded by their-original settings that remain in San Juan Capistrano.The Congdon House,the earliest of the three,represents the Folk Victorian style(1878;32701 Allpaz Street).It was listed in the National Register of Historic Places in 2002.The Craftsman style Guy Williams House and Roger Y.Williams House are later examples of the property type and reflect the Craftsman style. The Guy Williams House lacks the original water tower.All original features of the Roger Y. Williams House are intact;it represents one of the best examples of the property type and retains a high degree of integrity. NPS Fane 10.800.8 OMBApoiov8lFb 1024-0018 United States Department of the Interior National Park.Service National Register of Historic Places Continuation Sheet Section number 8 Page 10 Williams,Roger Y.,House Orange County,CA Notes: (1) City of San Juan Capistrano,Historic Preservation Strategy for City Owned Properties. (City of San Juan Capistrano,2006),3-4. (2) Mary Ellen Tryon,Guide to Historic San Juan Capistrano(Orange,CA:The Paragon Agency, 1999),2. (3) Ibid.,2-3: (4) Warren F.Morgan,This Was Mission Country.Reflections of Merle and Mabel Ramsey (Laguna Beach:Mission Printing Co., 1973),216-217. (5) Charles D.Swanner,Fifty Years a Barrister in Orange County(Claremont,CA:Fraser Press, 1965),44. (6) Tryon,34-35. (7) City of San Juan Capistrano,4. (8) The Richard Egan House,32892 Camino Capistrano,is listed in the National Register of Historic Places. (9) "Orange County,"Los Angeles Times, 12 June 1888. (10) Kaden Wilson Turnbull,"Interview with Lynn Shrewsbury,"San Juan Capistrano Project..General History of San Juan Capistrano,California State University,Fullerton, Oral History Program(O.H. 1460: 11 July 1975),5. (11) "Orange County,"Los Angeles Tunes,5 September 1891:6. (12) "Orange County,"Los Angeles Times, 1 August 1896: 11. (13) Sanborn Fire Insurance Maps,San Juan Capistrano,California, 1929. (14) Brooks Smith.Personal Communication.2006.Smith is the grandson of Roy Smith,an early settler and fanner of San Juan Capistrano,who built a residence several hundred yards north of the R.Y.Williams-House.Smith lived in the residence and farmed the _ family land until the property was sold and the residence was demolished in 2004. - (15) Turnbull,5. (16) "Setting of Nuts Promises Good Crops,"Los Angeles Tunes,9 July 1922:IX5. (17) E.J.Carpenter and R.Earl Storie,Soil Survey of the Capistrano Area, California(U.S. Department of Agriculture Bureau of Chemistry and Soils in Cooperation with the University of California Agricultural Experimentation Station, 1929,Series 1929,no.19): d-11. (18) Smith. ' (19) Carpenter and Storie, 11. (20) Jim Sleeper,"The Story of Orange County's Golden Harvest,A Century of Citrus," Santa Ana Register, 17 November 1968. NPsram1040" ausllppra► ft 1024-MID lel United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 8 Page 11 Williams,Roger Y.,House Orange County,CA (21) Pamela Hallan,Dos Cientos Aftos en San Juan Capistrano(Leine,CA:Walker Color Graphics, 1975),96-97. (22) Coastline Dispatch,9 March 1934: 1. (23) Coastline Dispatch,3 May 1935: 1. (24) Carpenter and Storie, 1. (25) Ibid,6. (26) Smith. (27) According to the Los Angeles Times Williams also co-owned the law firm Williams and Rutan and served as district attorney from 1899 to 1908(5 December 1918: I14). (28) In 1919,Williams was appointed to the bench of the Superior Court. Known as a skilled litigator in corporate law and water rights,Judge Williams made several contributions to the agricultural,commercial and civic development of Orange County,helping to establish.the First National Bank of Santa Ana and several district water companies. Williams retired from the Superior Court in 1926 due to health problems,but maintained a private legal practice with his nephew,Chades D.Swanner,until his death in 1940.See "Roger Y.Williams,County Pioneer,Dead"Santa Ana Register, 23 November 1940, 1- 4. (29) J.E.Pleasants,History of Orange County, California, Biographical Volumes II and III (Los Angeles,CA:L.R.Finnell and Sons Publishing Co., 1931),84-85. (30) Some accounts say 200 acres.See Louis DeJean,"Twenty Years After"in Overland Monthly,(LXXXV,April 1927): 108-109, 124. . (31) See Grant Deeds,County of Orange Assessor's Office(Santa Ana,CA:Orange County Archives), 1913. (32) Tryon, 138. (33) Los Angeles?"unes,9 May 1913:H9. (34) See Grant Deeds, 1916. (35) See County Directories, 1913-1941.On file,City of Santa Ana Library and Orange County.Archives. (36) DeJean, 109. (37) Hallan,93. (38) -Santa Ana Register,23 November 1940. (39) "John Swanner's Funeral Slated," Wichita Falls Record News,23 August 1972: 7. (40) "Guy Williams,Prominent Rancher,Died Monday."Coastline Dispatch. 15 August 1952. (41) Don Tryon,"Old San Juan,State Eyes Historic Homes on Ortega Highway,"Capistrano Valley News,3 January_2002. Nn From 10-00" 0AW A;W"N&10244018 United States Department of the Interior National Park Service' National Register of Historic Places Continuation Sheet Section number 9 Page 12 Williams,Roger Y.,House Orange County,CA Major Bibliographical References: Aerial Photographs of Orange County: 1938, 1959,and 1970. On file,Orange County Archives,Santa Ana,CA. Brigandi,Phil.Excerpts from Citrus Industry. Unpublished Manuscript. On file,Orange County Archives,Santa Ana,CA. Carpenter,E.J.and R.Earl Storie. Soil Survey of the Capistrano Area, California. U.S. Department of Agriculture Bureau of Chemistry and Soils in cooperation with the University of California Agricultural Experiment Station, 1929.Series 1929,no.19. Community Presbyterian Church. Presbyterian Heritage 1919-1994:Seventy-five years in the life of Community Presbyterian Church of San Juan Capistrano. San Juan Capistrano,CA, December 1994. DeJean,Louis. "Twenty Years After,"Overland Monthly,LXX V,April, 1927: 108-109, 124. "Guy Williams,Prominent Rancher,Died Monday."Coastline Dispatch. August 15, 1952. Historic Photographs of Roger K Williams and W.B. Williams, 1913-ca 1950. On file,Orange County Archives,Santa Ana,CA. Hallan,.Pamela. Dos Cientos ABos en San Juan Capistrano. Irvine,CA: Walker Color Graphics, 1975. "John Swannees Funeral Slated" Wichita Falls Record News. August 23, 1972:7. Los Angeles Times, "Orange County"12 June 1888:4. --- "Orange County"5 September 1891:6. --------`.`Orange County" 1 August 1896: 11. -----"Setting of Nuts Promises Good Crops"9 July 1922. --------9 May 1913:1I9. NPs form 19.9w-d OMBAppiwy ft IW4-W$8 (8991 United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 9 Page 13 Williams,Roger Y.,House Orange County,CA Morgan,Warren F. This Was Mission Country: Reflections of Merle and Mabel Ramsey. Laguna Beach:Mission Printing Co., 1973. Orange County Directories, 1920-1942. On file,Orange County Archives,Santa Ana,CA. Orange County Assessor's Office. Assessment Book of the Property of Orange County,years 1914-1925. =--------Assessor's Building Records,Parcel Numbers 121-050-03 and 121-050-19. ----- Assessor's Parcel Maps of San Juan Capistrano,circa 1930. Orange.County Recorder's Office. Record of Survey for a Portion of Sections 25 and 36, T.7S, R8W., S.B.B. &M. October, 1941. On file,Orange County Archives,Santa Ana,CA. Pleasants,Mrs.J.E. History of Orange County, California,Biographical Volumes 11 and HI Los Angeles:J.R.Pinnell&Sons Publishing Co., 1931. Road Map of North San Juan Capistrano, 1912. On file,Orange County Archives,Santa Ana, CA. "Roger Y.Williams,County Pioneer,Dead."Santa Ana Register. November 23, 1940: 1. San Juan Capistrano:City Building Department,Building Permits for 29991 Camino Capistrano. Sanborn Map Company,San Juan Capistrano, 1929. Smith,Brooks.Personal Communication.2006. Swanner,Charles D. Fifty Years a Banister in Orange County., Claremont,CA:Fraser Press, 1965. ------ Those Were the Days:Recollections of Charles D. Swanner.Elsinore,CA: Mayhall Print Shop, 1971. Superior Court,Orange County,California. Portion of the Last Will and Testament of Roger Y. Williams as,filed for probine, 1941. WSSom 1090" OWAWM ft f0 -Wl# United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 9 Page 14 Williams,Roger Y.,House Orange County,CA ----------Memorandum of Agreement between Guy Williams and John L. Swanner Regarding the Distribution in the estate ofR.Y. Williams, September 5, 1941. Talbert,Thomas B.,ed The Historical Volume and Reference Works, Volume III:Orange County. Whittier,California: Historical Publishers, 1963. Tryon,Don."Old San Juan,Caltrans: State Eyes Historic Homes on Ortega Highway" Capistrano Valley News,3 January 2002. . Tryon,Mary Ellen. A Guide to Historic San Juan Capistrano.Orange,CA:The Paragon Agency, 1999. Turnbull,Karen Wilson. "Interview with Lynn Shrewsbury,"San Juan Capistrano Project., General History of San Juan Capistrano. California State University,Fullerton,Oral History Program(O.H. 1460)July 11, 1975. Wichita County Heritage Society. Birth,Death,and Marriage Records for R.Y. Williams, Guy Williams,John L Swanner, Charles D.Swanner, William B. Williams,and Irva Ione Williams. Wichita Falls,TX. United States Census Bureau. Census Data for California. 1870-1990. U.S.Geological Survey. San Juan Capistrano, Calif. 7.5 Minute Series'. 1949. -------- San Juan Capistrano Quadrangle, Grid Zone "G" 15 Minute Series, 1941. ----•• Santiago Peak Quadrangle, Grid Zone "G." 15 Minute Series, 1943. Calif. Corona. 30 Minute Series, 1902,reprinted 1946. NPS Forth 1040" OIIlBApoiwalNa}02t-0Did United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number 10 Page . 15 Williams,Roger Y.,House Orange County,CA Verbal Boundary Descrlptlon Please see enclosed sketch map that serves as the verbal boundary description. Boundary Description .APN 121-054-03 and portion of APN 121-050-19,Sec 25 T 7 R 8 POR SW/1/4 and portion of SEC 25 T7 R8 POR W K and POR W WSec 36 T7 R8. The property is a rectangular parcel measuring: Lt Frontage 572 ft;Lot Depth 240 ft;Lot Number 6. The boundaries encompass,the significant resources and their immediate setting that have been historically associated with the 'Property- , i 7 Fk P �� ` ��•� r i 4 f 2.6 Acres x�' v, t i �i fR 3 tP .' R.Y. Williams House �2U0° CityGIS6.0 } Boundary Description " ca+ttq++m zoos a fzN+=rxun.,>. ina trnmdbn ceriaiwa naeln i=u»noa:ydv wa+m+v a me caEnbulor sWfM i++M iceme em meY��e0pfa'=d exepl m icrn=etl quyd Mep HCUVCI=. NPS Form 104ma OND Ap WMWN&IWAs W IA United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Additional Documentation Williams, Roger Y., House Orange County, Califomia Floor Plans a�1H ams°°" aoow Tom o � � o artavi auaaw RM sa�soor amaooys : vtRow �— PAN= DIM sosw SECOND FLOOR FIRST FLOOR s BASEMENT oz w ECL E C o o L cp CO CD O �D m o 3 LQ a v � N m � uaanom+nauu.upuaaaauaau+noauujuun...n,uurnnrauu.n.nu..au,u.uanu+anuuo,u,.nau.porno.uuawuaaau..a.auauraaun,n.uum..annnauout � ''• � CD n C1 0 . Cyd O (� mCD w � w, C ...r...ru....rrn.r....,n........rr....rr....r..r.r,....rr,..r...r1....nrrrn......n.n.u......u.urr.,r,.....n.a...ran....r.nruu.....r.r...r.......r.rrr...r.r....r...aaru..r.r..................rr..r,ri,rrr.rr. xM Form 10-SM& o�te�Owova/l Aon rataoara (No United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Photographic Log Page 1 Williams, Roger Y., House Orange,CA 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.Q.Box 1029,San Juan Capistrano,CA S. Southside of building 7. Photo#1 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,.San Juan Capistrano,CA . 6. Front of house(east side) 7. Photo#2 Photograph#4-Not Submitted 1. Williams,Roger Y.' House 2. Orange County.Califomla 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029.San Juan Capistrano,CA 6. Baric porch on south side 7. Photo#5 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,San Juan Capistrano,CA .6. Back porch,triangular knee brace 7. Photo#6 1. Williams,Roger Y.,House 2. Orange County,Califomla 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,San Juan Caplstrano.CA 6. Original tank house and garage,south side of house 7. Photo#7 Photograph#8-Not Submitted i NPS Fam 10400.4 0MO Ap MMI ND.1024kM8 lam United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Photographic Log Page 2 Williams, Roger Y., House Orange, CA 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,San Juan Capistrano,CA 6. Front doorArestlbule 7. Photo#9 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.O. Box 1029,San Juan Capistrano,CA '6. Dlning room/parlor 7. Photo#10 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,San Juan Capistrano,CA 6. East wall,parlor 7. Photo#11 Photographs#12 thru#19-Not Submitted 1. Williams,Roger Y.,House 2. Orange County,California 3. Ilse M. Byrnes 4. February 2005 5. P.O. Box 1029,San Juan Capistrano,CA 6. Door at entrance to stairs going to second floor - 7. Photo#20 Photographs#21 thru#22-Not Submitted 1. Williams,Roger Y.,House 2. Orange County,Calffomla 3. Ilse M.Byrnes 4. February 2005 5. P.O.Box 1029,San Juan Capistrano,CA 6. Original glass door knob 7. Photo#23 Photographs#24 thru#25-Not Submitted NPS Fam 104004 OMB Apprp NaL 1024-MIS rdee► United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Photographic Log Page 3 Williams, Roger Y., House Orange, CA 1. Williams,Roger Y.,House 2. Orange County,California 3. Unknown—historic photograph 4. ca.1920s 5. Joan Swanner,3501 Copperas Cove,Wichita Fails,TX 76310 6. Roger Y.Williams in front of Swanner House 7. Photo#26 1. Williams,Roger Y., House 2. Orange County,Califomia _ 3. Unknown—historic photograph 4. Unknown—historic photograph 5. Joan Swanner,3501 Copperas Cove,Wichita Falls,TX 76310 6. Roger Y.Williams 7. Photo#27 1. Williams,Roger Y.,House 2. Orange County,California 3. Unknown—historic:photograph 4. Unknown—historic photograph 5. Joan Swanner,3501 Copperas Cove,Wichita Fails,TX 76310 S. Wife of Roger Y.Williams 7. Photo#28 Photograph#29—Not Submitted 1. Williams,Roger Y.,House 2. Orange County,Califomla 3: Unknown—historic photograph 4. ca. 1920s 5. Joan Swanner,3501 Copperas Cove,.Wichka Fab,TX 76310 6. Roger Y.Williams Superior Court,Santa Ana,CA 7. Photo 030 �- �,� , � ^�� i � Ali f' �" ' �'": F�, `� + _ � �.- ! ; ` II'- ,�: - � ,, � . _ ,i � , j�j` - , � '' :r, a � ,1� �\ :'v,`,.� 7.� � . . ...: �'' "� �� .._.._r...r_ Y:,a :.fir. ��t� 4r II�C �_ "q�` �' r� i ` ^`AM,F �; 1 I ��_�� , f! 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As v n s 32400 PASEA ADI3LANT0 10 MEMBERS OF THE CITY COUNCIL ii SAN JUAN CAPiSTRANO,CA 92875i SAM ALLEVATO (949)4931171 !� uttnutu LAURAFREESE (949)493-1053 FAX • t1►tttl[ttt { 1961 LARRY KRAMER www.sanjuancapistrano.org 1776 DEREK REEVE • • JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 10:00 a.m. on Tuesday, May 29, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of a License Agreement for a Wine Tasting and Special Events Venue at the Historic Roger Y. Williams-Swanner House on a 2.6 Acre Property Located at 29943 Camino Capistrano" — Item No. C1. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 8:00 a.m. on Tuesday, May 29, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Grant Taylor, Development Services Director. You may contact that staff member at (949) 234-4410 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancagistraho.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerkCa�sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: Ron Tamez, Hamilton Oaks Vineyard &Winery, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future 5/29/2012 C1 Hamilton Oaks Vineyard at the Roger Y. Williams/Swanner House Northwest Open Space CITY COUNCIL MEETING May 29, 2012 •.�,��,� I ,•...i4T City of San Juan Capistrano - Northwest Open Space i.r' * I « 1M)jr r t - y ,y jsr �ns,}yyj i..✓ •�'��« j'� 1�; «a�, 1. S V, F OSIva W[n 5pav(103 P[ieal �Prt,aul —GIYOwiuvy VWmPesluawn(«V.vaea� 031Nkgamn 1'arteu �Pipeikn PeiWaM lYbae) O Vakll Wu �_ ATTACHMENT 6 w1k, �4bWa eTaN Is " Q® '. ` � 1 ROWstd a ;, ,�; R \�'aP1•.�s ppprj �� BWyIM � 6nJM Watn \� rJ _ Noe PumPv,M I✓' ATTACHMENT 5 . -.. GENER NOTES wumr o.rc 0 (D0 0 0 O r= 00 0 °, 00000 >a m_nro 0 0 0 0 0 » 0 0 0 0 0 0 0 0 0 0 0 . ® m�> a<s 0j �'' x �A O ; ` ` � ; _ I1I10 0 Z. .rm.u�rrvmma rry Nr ! / ' s ZZ I Q. 00uj CAMINO CAPISTRANO� LLI�- PRELIMINARY SITE PLANa IL 1AMn . ' ISh{n � I GPl IBathroom Bride Room ri Mud Room i i i FO Stair-Up Catering Set-up Meeting/Events I I • " Vesavulo { Meeting/Events ti Entry Porch FIRST FLOOR N A/!fi- I' Christy Jakl From: Christy Jakl Sent: Wednesday, March 06, 2013 12:49 PM To: Grant Taylor Cc: Ayako Rauterkus; Maria Morris Subject: Hamilton Oaks Insurance Hi Grant, Our office has not received insurance documentation from Hamilton Oaks for their 2012 License Agreement. Please have them provide insurance as soon as possible. Thank you! Christi Rakl, civic Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax Please share your experience with the City by taking our 5urvey. 1 Christy Jakl From: Christy Jakl Sent: Thursday, May 31,2012 10:11 AM To: Grant Taylor Cc Ayako Rauterkus Subject: RE: Hamilton Oaks Deposit and Insurance Sounds good. Please forward the insurance as soon as you receive it. Thanks! Christi Jakl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949)493-1053 fax From: Grant Taylor Sent:Thursday, May 31, 2012 10:04 AM To: Christy Jakl Cc: Ayako Rauterkus Subject: RE: Hamilton Oaks Deposit and Insurance Hi Christy. I received the deposit check but not the insurance yet. Let's wait for the insurance and we also may want to wait to make sure the check clears. Grant Taylor, Director Development Services Department (949)234-4410 From: Christy Jakl Sent:Thursday, May 31, 2012 9:48 AM To: Grant Taylor Cc: Ayako Rauterkus Subject: Hamilton Oaks Deposit and Insurance Good Morning, Did you receive Hamilton Oaks deposit and insurance information? I'm holding the license agreement until it is received. Thank you! Christi JAl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto 1 San Juan Capistrano, CA 92675 (949)443-6310 (949)493-1053 fax 2 32400 PASEO AOELANTO ,'�, MEMBERS Or THE CRY COUNCIL SAN JUAN CAPISTRANO.CA 92675 � (949)493-1171 (949)493.1053 FAx • 11111►Irn11 � ROY L.QYRNES,M.O. 101311SUI1JHal1CYlt1intw17U.0lg 1{1111611(1 fool LARRY KRAMER o 1776 DEREK REEVE C JOHN TAYLOR TRANSMITTAL TO: Hamilton Oaks at San Juan Capistrano, LLC Attn: Ron Tamez 31111 Hamilton Trail Trabuco Canyon, CA 92679 DATE: March 29, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: License Agreement — 2.6 Acres of Property Located at 29943 Camino Capistrano (APN 121-050-03) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Grant Taylor, Director of Development Services at (949) 234-4410. Cc: Grant Taylor, Director of Development Services Ayako Rauterkus, Management Analyst San Juan CalAvirano: Preserving the Past to F.nhance the Future �, Pnr+toC a+100'_t recycle:paDrr