Resolution Number 09-08-18-02RESOLUTION NO. 09-08-18-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, UPHOLDING THE APPEAL OF THE CULTURAL
HERITAGE COMMISSION'S ACTION AND APPROVING SITE PLAN
REVIEW 09-001 AT 31501 LA MATANZA STREET (APN 124-203-43)
(CC McCARY HOUSE ADDITION)(DAVID & REAGAN EWING)
(JUAN HERRERA)
WHEREAS, on April 13, 2009, a site plan review application was filed by the
Applicant and owner, David and Reagan Ewing, 31501 La Matanza Street, San Juan
Capistrano, CA 92675 for a second story addition to an existing historic house, and on May
7, 2009, was deemed to be complete by the City; and
WHEREAS, the proposed project has been processed pursuant to Section 9-2.301,
Development Review of the Land Use Code; and,
WHEREAS, the Community Development Department has determined that,
pursuant to Sections 15061 and 15301(e) of the California Environmental Quality Act
(CEQA) Guidelines, the project qualifies for a Class 1 categorical exemption from CEQA
because it consists of the minor alteration of an existing private structure where the
addition will not result in an increase of more than 50 percent of the floor area of the
structure before the addition; and has otherwise complied with all applicable provisions of
CEQA; and all mitigation measures have been included herein; and
WHEREAS, on May 26, 2009, the Cultural Heritage Commission conducted a
noticed public hearing, pursuant to the provisions of Title 9, Land Use Code, Sections 9-
2.327 and 9-2.302(f), to consider public testimony on the proposed project and denied the
project; and
WHEREAS, on June 10, 2009, an appeal of the Cultural Heritage Commission's
denial was filed by Juan Herrera, 29675 Woodlake Court, San Juan Capistrano, CA 92675;
and
WHEREAS, on August 4, 2009, the City Council conducted a duly noticed appeal
hearing pursuant to Section 9-2.311 of the Municipal Code to consider public testimony on
the proposed site plan review application appeal, voted to approve the project based on
findings previously proposed by staff, and directed staff to forward a resolution reflecting
said approval with conditions for City Council action.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby approve Site Plan Review 09-001, subject to the conditions
of approval contained in Exhibit "A", and based on the following findings:
1. The project complies with the maps and policies of the General Plan because it will
not adversely impact an existing historic resource and will be compatible with and
preserve the integrity of the existing historic resource.
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
complies with the development standards and criteria for the Mission Residential
(MRD -4000) zoning district, with the exception of lot coverage which is subject to
future action by the Community Development Director.
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, parking, colors, materials, paving, lighting, signage,
and landscaping, are compatible with the historic nature of the site, surrounding
district and/or historic period represented by the landmark because the modern style
and materials of the proposed addition are compatible with the original and modified
historic architectural style of the historic house.
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 and
Grimmer) because the project is compatible with, and yet differentiated from, the
existing historic house and preserves the character -defining features and integrity of
the historic house while allowing for the proposed addition.
PASSED, APPROVED AND ADOPTED this 18t day of August, 2009.
LSEN, MAYOR
2 8-18-2009
- STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO ).
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-08-18-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18t`' day
of August 2009, by the following vote:
AYES:
COUNCIL MEMBERS:
Allevato, Freese, Hribar, Uso and Mayor Nielsen
NQE�
COUNCIL MEMBER:
None
A3S, �1
COUNCIL MEMBER:
None
A il'/,IPRP4$, Actinbity Clerk
3 8-18-2009
RESOLUTION NO. 09-8-18-02
CONDITIONS OF APPROVAL
PROJECT LOG #: SPR 09-001
PROJECT NAME: CC McCary House Addition
APPROVAL DATE: August 18, 2009
EFFECTIVE DATE: Effective Date of Community Development Director
approval of associated Minor Exception
These conditions of approval apply to the above -referenced project application
described in more detail below. For the purpose of these conditions, the term "applicant"
shall also mean the developer, the owner or any successor(s) in interest to the terms of
this approval.
General Conditions:
Site Plan Review (SPR) 09-001, CC McCary House Addition proposes to
add a second story to the existing historic house located at 31501 La
Matanza Street, APN 124-203-43 subject to further action by the
Community Development Director. This project approval is based on and
subject to the application materials submitted by David and Reagan Ewing
on April 13, 2009, and prepared by David Ewing, Arena Design, on March
22, 2009, including site plan, building elevations, floor plan, and any other
plans. These plans and the proposed use of the project site are hereby
incorporated by reference into this approval approved as submitted and
conditioned herein, and shall not be further altered unless reviewed and
approved by the affected city departments. Minor modifications to this
project approval may be approved by the Community Development
Director pursuant to Section 9-2.303, Administrative approvals of Title 9,
Land Use Code. (PLN)
2. SPR 09-001 is subject to any and all applicable conditions of approval of
the associated Community Development Director action related to this
project. In the event the Minor Exception is not approved by the
Community Development Director, and in the event that the resulting
changes to the project are not minor modifications pursuant to Section 9-
2.303, Administrative approvals of Title 9, Land Use Code, then this
approval for SPR 09-001 shall be null and void and of no further effect.
(PLN)
3. Historic Standards. Prior to issuance of building permits, the building
permit plans shall be determined to be in compliance with the Secretary of
Interior's Standards with Guidelines for Rehabilitation by the Historic
Preservation Manager. The project shall also comply with the State
Historical Building Code. (PLN)
4. Archaeological Monitor. In the event any ground disturbing activity
involving native soil is associated with the project, then prior to issuance of
Exhibit A
Resolution No. 09-8-98-x Conditions of Approval
Pro"ect # SPR 09-009 Page 2 of 2
a building permit and ground disturbing activity, a qualified archaeologist
(defined as an archaeologist on the List of Certified Archaeologists for
Orange County) shall be retained and shall be present at .pre -construction
meetings to advise construction contractors about the sensitive nature of
cultural resources located on and/or in the vicinity of the project site, as
well as monitoring requirements. A qualified monitor (defined as an
individual with a bachelors degree in anthropology with archaeological
monitoring experience), supervised by the qualified archaeologist, shall
observe on- and off-site construction activities that result in grading,
and/or excavating on or below the original ground surface (including
during project -related off-site utility [natural gas, electricity, sewer, water,
drainage, communications, etc.] improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities
shall be halted or diverted until the provisions of §7050.5 of the Health and
Safety Code and §5097.98 of the Public Resources Code have been
implemented. (PLN)
5. Cultural Resource Reports. If the project requires archaeological
monitoring, then prior to final inspection by the Community Development
Department, final reports for any cultural or archaeological resources
recovered from the project site during construction shall be filed with the
appropriate information repository and a copy to the City. Reports shall
include information on disposition of resources. (PLN)
PLN = Planning Division, Community Development Department
Date of Approval: August 18, 2009
Resolution No.: 09-8-18-xx
Effective Date: Effective Date of Community Development Director approval of
associated Minor Exception
Applicant Acceptance of Conditions of Approval.
By:
Applicant Name
Its:
Title
Date