CHC Resolution-20-07-28-01CHC RESOLUTION NO. 20-07-28-01
SITE PLAN REVIEW (SPR) 20-002
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA TO APPROVE A REQUEST FOR A SITE
PLAN REVIEW RELATED TO A NEW RESTROOM FACILITY AND CONCESSION
STAND AND THAT THE PROPOSED LAND USE IMPROVEMENTS ARE OF
PHYSICAL AND AESTHETIC COMPATIBILITY WITH ADJACENT IHCL
STRUCTURES. AND PLACES, AS DESCRIBED IN CITY COUNCIL POLICY 603 -
LOCATED AT THE ECOLOGY CENTER AT 32701 ALIPAZ STREET (APN: 121-190-
57)(APPLICANT: ANDREW SIEGER, THE ECOLOGY CENTER).
Whereas, Andrew Sieger, The Ecology Center, 32701 Alipaz Street, San
Juan Capistrano, CA 92675 has requested approval of SPR 20-002 to allow for a new
restroom facility and concession stand located at The Ecology Center, City-owned
property (32701 Alipaz Street) (Assessor Parcel Numbers 121-190-57); and,
Whereas, the City of San Juan Capistrano are the owners of the real
property located at 32701 Alipaz Street (Assessor Parcel Numbers 121-190-57); and,
Whereas, the applicant proposes to construct one restroom structure and
one concession stand structure totaling approximately 433 square feet, including a
wooden trellis ("project"); and,
Whereas, the project is designed to reflect the City's agrarian history and
includes corrugated metal, unfinished wood, corrugated polycarbonate and metal mesh,
'Hog Wire' designed to be consistent with the early San Juan Capistrano aesthetic; and,
Whereas, the project would provide restroom facilities for visitors and the
staff; and a concession stand to provide juices and teas made from farm-grown
ingredients, sustainably sourced coffee, and pre-made sandwiches and salads also
made from farm grown ingredients; and,
Whereas, the Joel R. Congdon Residence and the water tower are the
only historic resources located within the project site; and,
Whereas, the Joel R. Congdon Residence and the water tower are listed
as contributors on the National Register of Historic Places (NRHP) and is also listed on
the City of San Juan Capistrano Inventory of Historic and Cultural Landmarks (IHCL);
and,
Whereas, no other historic-era buildings, structures, or improvements are
extant within the project site; and,
Whereas, the proposed project is being processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
CHC Resolution 20-07-28-01 2 July 28. 2020
Whereas, the Environmental Administrator has determined that the project
qualifies for a categorical exemption per Section 15303, Class 3. New Construction
because the restroom and concession stand are considered accessory structures; and
is categorically exempt per Section 15331; Class 31 "Historical Resource
Restoration/Rehabilitation") from further review. Class 31 consists of projects limited to
the maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of historical resources in a manner consistent with the
Secretary of the Interior's Standards for Treatment of Historic Properties. The Secretary
of the Interior's Standards define rehabilitation as, "the act or process of making
possible a compatible use for a property through repair, alterations, and additions while
preserving those portions or features which convey its historical, cultural, or
architectural values." The project is consistent with Section 15331 because the project
involves the construction of a new restroom and concession stand (additions) adjacent
to structures listed on the City's Inventory of Historical and Cultural Landmarks (IHCL)
referred to as the Joel Congdon Residence. Consequently, staff finds that no additional
environmental analysis is necessary to meet the requirements of the CEQA. A Notice of
Exemption (NOE) will be posted should the project receive final approval; and,
Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 15074 of the California
Environmental Quality Act (CEQA), has considered all project related materials currently
before it; and,
Whereas, the Cultural Heritage Commission conducted a duly-noticed
public hearing on July 28, 2020, pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant
public comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby make the
following findings as established by, Subsection (c) of Section 9-2.327, Historical and
Cultural Landmark Site Plan Review of Title 9, Land Use Code of the City of San Juan
Capistrano:
Historical and Cultural Landmark Site Plan Review (Section 9-2.327)
1 . The project complies with the maps and policies of the General Plan because the
proposed use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element (COE)
and Cultural Resources Element (CRE). The project will be consistent with the
following:
• CDE Policy 1._2 Encourage high-quality and human scale design in
development to maintain the character of the City because the proposed
project includes the use of high-quality construction materials that include
unfinished wood, corrugated galvanized metal, corrugated polycarbonate,
CHC Resolution 20-07-28-01 3 July 28, 2020
fabric awnings, screen panels with wood frames, and metal mesh fencing. The
materials are selected and designed to complement the agrarian architectural
theme on the property. The nearest proposed structure adjacent to the House
is the concession stand which has a height of 9'-9" and has a setback of 21
feet from the House and is designed to maintain the character of the Agrarian
architectural style, corrugated galvanized metal vertical siding. Thus, the
project is designed at a human scale, the only historic resource located on the
project site will be enhanced, and none of the proposed structures will dwarf
any existing, adjacent uses.
• COE Policy 2. 1 Encourage development which complements the City's
traditional, historic character through site design, architecture, and landscaping
because the proposed enhancements to the property include the construction
of structures with materials that are selected and designed to complement the
agrarian architectural theme on the property. The design of the structures
compliments the history and tradition of San Juan Capistrano because they
will include unfinished wood, corrugated galvanized metal, corrugated
polycarbonate, fabric awnings, screen panels with wood frames, and metal
mesh fencing.
• CRE Policy 1. 1 Balance the benefits of development with the project's
potential impacts to existing cultural resources because given the project's
prehistory and history and adjacency to the House, the site is considered
highly sensitive for cultural resources and as such the implementation of City
Council Policy 601 will ensure the presence of an archeologist to monitor all
ground-disturbing activities, and the presence of a Native American monitor.
Thus, all impacts to cultural resources will be less than significant.
Based on these factors, the project complies with the General Plan Community
Design Element and Cultural Resources Element goals and policies.
2. The project complies with applicable provisions of the Land Use Code and with
any applicable specific plan or comprehensive development plan because the
project will be consistent with the Kinoshita Specific Plan.
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, colors, materials, paving, and lighting are
compatible with the historic nature of the site, surrounding district and/or historic
period represented by the landmark, because structures are located 21 to 29 feet
away from the House and the water tower. The buildings have been designed
with an agrarian architectural style that balances height and massing.
Furthermore, the colors, and materials and are compatible with the surrounding
structures which includes vertical siding, corrugated metal, and natural wood that
is specifically consistent with agrarian architecture.
4. The project has been designed in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks
CHC Resolution 20-07-28-01 4 July 28, 2020
and Grimmer). Based on the proposed scope of work, the project's alterations to
the project are considered a Rehabilitation Project and therefore the following
standards apply:
Standard 1. A properly will be used as it was historically or be given a new use
that requires minimal change to its distinctive materials, features,
spaces, and spatial relationships. The improvements include a
restroom and concession stand that will be constructed with
materials that are consistent with agrarian architecture. Although
the spatial relationships that characterize the existing farm area will
be slightly altered, the change is not considered to be "character
altering" for the historic House or water tower. No other historic-era
buildings, structures, or improvements are extant within the project
site.
Standard 2. The historic character of a properly will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationship that characterize a properly will be avoided.
The historic House and water tower will be retained and preserved
and the structures will be constructed with materials that are
consistent with agrarian architecture. No other historic-era
buildings, structures, or improvements are extant within the project
site.
Standard 3. Each properly will be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properlies, will not be underlaken. The project will not
add conjectural features or elements from other historic properties;
therefore, it will not be construed as creating a false sense of
history.
Standard 4. Changes to a properly that have acquired historic significance in
their own right will be retained and preserved. The proposed
improvements to the property will not impact the historic
significance of the property because the proposed structures will be
constructed to be compatible with the historic nature of the site; as
such, the historic significance of the property will be retained and
preserved.
Standard 5. Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a
properly will be preserved. The proposed improvements to the
property will not impact existing historic materials/finishes because
the scope of work does not include any changes to the House or
water tower.
CHC Resolution 20-07-28-01 5 July 28, 2020
Standard 6. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a
distinctive feature, the new feature will match the old in design,
color, texture and, where possible, materials. Replacement of
missing features will be substantiated by documentary and physical
evidence. The scope of work does not include any changes to the
House or water tower.
Standard 7. Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage
to historic materials will not be used. Chemicals will not be used for
the proposed improvements.
Standard 8. Archaeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be
undertaken. Archaeological monitoring will be required for ground
disturbing activities, in accordance with City Council Policy 601.
Standard 9. New additions, exterior alterations, or related new construction will
not destroy historic materials, features, and spatial relationships
that characterize the property. The new work will be differentiated
from the old and will be compatible with the historic materials,
features, size, scale and proportion, and massing to protect the
integrity of the property and its environment. The project will not
add conjectural features or elements from other historic properties;
therefore, it will not be construed as creating a false sense of
history. The buildings have been designed with an agrarian
architectural style that balances height and massing. Furthermore,
the colors, materials and are compatible with the surrounding
structures which includes vertical siding, corrugated metal, and
natural wood that is specifically consistent with agrarian
architecture.
Standard 10. New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. The nearest proposed structure
adjacent to the House is the concession which has a height of 9' -9"
and has a setback of 21 feet from the edge of the House and is
designed to maintain the agrarian character of the property -with
an Agrarian architectural style. If removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves Site Plan
Review (SPR) 20-002; and,
CHC Resolution 20-07-28-01 6 July 28. 2020
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano hereby recommends to the Planning
Commission that the proposed land use improvements are of physical and aesthetic
compatibility with adjacent IHCL structures and places, as described in City Council
Policy 603; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves Site plan
Review (SPR) 20-002, and contingent upon the Planning Commission approving
Architectural Control (AC) 20-006 for the Project.
EFFECTIVE DATE AND FINAL APPROVAL. This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing
of an appeal application. The appeal period shall commence the day following approval
of the Architectural Control (AC) 20-006 associated with this project by the Planning
Commission, if such approval is given by the Planning Commission in their discretion.
The project approval shall be valid for a period of one year from the date of approval of
SPR 20-002 and AC 20-006 unless a time extension request or building permit
application related to this discretionary approval is submitted to the City prior to that
date.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings
are based are located at San Juan Capistrano qty Hall, 32400 Paseo Adelanto, San
Juan Capistrano, California 92675. The Development Services Director is the custodian
of the record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 281h day of July, 2020.
J P:sie(iio~
Se~CP, Assistant Development
Services Director/Secretary