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16-0504_ECOLOGY CENTER, THE_License AgreementLICENSE AGREEMENT This License Agreement ("Agreement") is made this 4th day of May, 2016, by and between the City of San Juan Capistrano and Ecocenter, Inc., dba The Ecology Center, a California nonprofit public benefit corporation ("Licensee"). RECITALS: WHEREAS, Licensor is the owner of a 28.225 acre farm in the City of San Juan Capistrano, California, located at 32701 Alipaz Street, which property was acquired to be maintained as open space within the City and for the preservation of the historic Joel Congdon House; and WHEREAS, Licensee desires to continue conducting environmental education uses in and around the Congdon House (House) on an approximately 0.75 acre area at 32701 Alipaz Street (hereinafter referred to as the "Property") and has the requisite expertise and experience to conduct such uses. NOW, THEREFORE, City and Licensee do hereby mutually agree as follows: Section 1. Grant of License. Licensor hereby grants a license to Licensee for the purpose of managing and maintaining The Ecology Center within the Property. The portion of the site which is the subject of this License is specifically described in the Site Plan attached as Exhibit A, and incorporated herein by reference. Section 2. Term of License. The term of this License Agreement shall be for a period of twenty (20) years following the date that this Agreement is fully executed ("Effective Date"). Section 3. License Fee. In consideration of the terms of this Agreement, the Licensee agrees to pay Licensor the fee amount of two thousand ($2,000) dollars per month for the use of the Property. The monthly fee shall be due on the first day of each month after the Effective Date of this Agreement and the monthly fee amount shall automatically increase annually thereafter on the anniversary date of this Agreement based on the current Los Angeles/Orange County/Riverside Consumer Price Index for the preceding year, rounded up to the nearest five (5) dollar increment. In no event shall the amount of the License Fee go down. Section 4. Allowable Uses. Licensee may not utilize the Property in violation of laws, regulations or conditions of approval or for any other uses than those specifically set forth in this Agreement and Conditional Use Permit (CUP) 15-006 for The Ecology Center, approved by Planning Commission Resolution No. 16-02-23-1, as amended from time to time, and incorporated herein by reference (Exhibit B). Section 5. Reservations to Licensor. Licensor reserves the right to enter the Property at any reasonable time for the purpose of inspection. Any rights herein reserved shall, moreover, not be exercised in any manner which will unreasonably interfere with Licensee's use and occupancy of the Property for the purposes stated in this Agreement. Licensor also reserves the right to enter the Property for purposes of maintenance, which may include the need for Licensee to vacate Property for a reasonable temporary period to be specified at that time, with provision of (ninety) 90 days' notice, except for repairs deemed to be for emergency/public safety reasons. Section 6. Condition, Maintenance and Improvements. (a) Condition: Licensee agrees to accept the Property in present condition on the date of execution of this Agreement. Licensee agrees to maintain at the Licensee's expense the Property in good order and safe and sanitary condition. (b) Maintenance, Repair, and Custodial Responsibilities: Licensee shall be responsible for, but not limited to the following items: 1. Interior maintenance and janitorial functions including solid waste and recycling disposal. 2. Appliance repair and replacement. 3. Maintenance of the heating/cooling system, smoke detectors and interior plumbing, including repair or replacement of deteriorated equipment/fixtures due to aging. 4. Care and maintenance of interior flooring, walls, ceilings, including painting/wallpaper, and built-ins. Repair or like -for -like replacement of materials shall be in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties due to ordinary wear and tear/aging. 5. Repair and maintenance of interior furnishings. 6. Repair and maintenance of interior and exterior light fixtures, including replacement of bulbs and like -for -like replacement of fixtures due to aging or malfunction. 0, 7. Exterior grounds maintenance and repair, including ensuring adequate drainage to prevent deterioration of historic building foundations; irrigation; utility laterals; landscape (except historic tree trimming), parking and drive aisles; and hardscape in compliance with the Secretary of the Interior's Standards for Treatment of Historic Properties. 8. Pest control (not including termites). 9. Exterior building(s) upkeep and minor repair, including minor wall, window and door repair; exterior painting of the House, outbuilding, and water tower per Secretary of the Interior's Standards. 10. House, outbuilding, water tower roof shingle repair/replacement and exterior character -defining feature replacement, repair, maintenance as determined by the City Manager or designee. 11. No alterations to the House or any other facility located on the Property shall occur without prior written approval by the Licensor. 12. Repair or replacement of House electrical system due to aging of structure. 13. Periodic trimming and maintenance as determined necessary by the Licensor for the three pre-existing historic trees (palm and citrus southeast of, and palm in front of the House). 14. Interior repair and maintenance of water tower and it's componentsif proposed to be used for program, office or any related uses by Licensee with prior Licensor approval. 15. Maintenance (sanitation pipe cleaning and clog removal, minor leaks) of water/sewer mains and storm drains external to the site that serves the Property. (c) Tenant Improvements: Licensee must receive written approval from Licensor prior to making any improvements to the Property and/or facilities. If a permit is required the Licensee shall submit to the Development Services Department, in writing, any desired changes/improvements to the Property and/or facilities. It is is the responsibility of Licensee to determine if a permit(s) is required. All required permits must be obtained prior to commencing any work on said improvements. All improvements undertaken by Licensee and their maintenance shall be the financial responsibility of Licensee unless a cost sharing agreement with the City is approved by the Licensor. Section 7. Domestic and Irrigation Water Electrical Gas Telephone, Television/Cable/ Wireless Services. Expenses related to any and all of these utilities and services for the Property are the sole responsibility of Licensee. Licensee shall be responsible for opening/closing facility for installation, repairs, and/or removal of these utilities and services. Licensor staff will not meet vendor for delivery, installation, repair, or removal appointments. M Section 8. Conditions of Operation. The Property shall be used for environmental education and museum functions in accordance with the provisions of this Agreement and CUP 15-006 including the specific conditions therein, as amended from time to time and incorporated herein by reference. (a) Any holes or other defacement of the walls, roof or ceiling of the House shall be repaired and restored back to original condition by Licensee. No structural or other changes of any kind shall be made to the House or any other improvement on the Property unless prior written approval is obtained from the Licensor. The House floor shall be maintained in its original condition, with no permanent alterations; only temporary coverings (e.g., rugs) that do not need to be affixed to the floor are allowed. (b) Licensee shall obtain approval from Licensor for distribution of keys, and shall provide Licensor a list of key -holders. No unauthorized distribution of keys shall occur. (c) Licensee shall, at all times, keep the Licensor's designated liaison, the Assistant City Manager (or his/her designee), advised of the Licensee's current address and telephone number. (d) Licensee shall, at all times, ensure that the operation and use of the Property does not adversely affect the public health, safety and welfare. (e) Licensee shall submit a performance report annually on or before March 31St to the City Manager per City Council Policy 014 including the following: 1. Number of visitors receiving benefits from activities including tours, meetings, and classes. 2. The city of residence of citizens receiving benefits. 3. Proof of the organization's continued nonprofit status. 4. Disclosure of all activities being conducted on the Property, including tours, meetings, and classes. 5. Description of maintenance of Property. 6. Information on the total revenue received by the Licensee in conjunction with the operation of the Property under this Agreement during the reporting period and disclosure of the sources of that revenue. Section 9. Future Capital Improvement Projects. The Licensee shall conduct capital donation fundraising campaigns for future Capital Improvement Projects (CIP) including, but not limited to the following: • Reconstruction of the Barn Facility and Public Meeting Room Space • An additional Restroom Facility • Supporting Sanitation and Water Structure Improvements • Concession Snack Bar • Parking Lot Improvements • Additional Exterior Low-level Energy Efficient Lighting • Additional House Improvements Including New Flooring The initial fundraising campaign for the Barn Restoration shall be initiated no later than July 1, 2016. Fundraising campaign efforts for Property related CIPs shall not be initiated without prior Licensor written approval. In partnership with improving and constructing these projects as listed in this section, the City will waive permit fees associated with these projects. Section 10. Compliance with Law. Licensee shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 11. Event Parking. Off-site vehicle parking shall be provided to participants during any event held at the Property exceeding one hundred (100) participants. Section 12. Insurance/Indemnity. On or before beginning any of the services or work called for by any term of this Agreement, Licensee, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the Licensor, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the Licensor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A -Class VII or better. (a) Comprehensive General Liability: Throughout the term of this Agreement, Licensee shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than two and a half million dollars ($2,500,000), per occurrence combined single limit coverage. (b) Proof of Insurance Requirements/Endorsement: Licensee shall submit the 5 insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming Licensor, its officers, employees, agents, and volunteers as additional insured as respects each of the following: liability arising out of activities performed by or on behalf of Licensee, including the insured's general supervision of Licensee; products and completed operations of Licensee; or premises owned, occupied or used by Licensee. The coverage shall contain no special limitations on the scope of protection afforded the Licensor, its officers, employees, agents, or volunteers. (c) Notice of Cancellation/Termination of Insurance: The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to Licensor, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 13. No Assignments. Licensee shall not assign this Agreement or any interest herein, or sublet the Property or any part thereof, or license the use of all or any portion of the Property or business conducted therein or thereon, or encumber or hypothecate this Agreement, without first obtaining the written consent of Licensor. Any assignment, subletting, licensing, encumbering, or hypothecating of this Agreement without such prior written consent shall, at the option of the Licensor, be subject to automatic termination of the Agreement by Licensor. Section 14. Termination. This Agreement may be terminated upon the default of one of the parties if such default is not cured within ninety (90) days following written notice of such default from non -defaulting party. In the event of a dispute between the parties, Licensor and Licensee shall meet and confer regarding the matter. If the dispute cannot be resolved through a meet and confer session, then the Agreement may be terminated by the non - defaulting party. Section 15. Notices. All notices, demands, consents, or other communications required to be given under this agreement shall be accomplished by first class mail, postage prepaid, and deposited in the U.S. mail, or personally served upon the other party. To Licensor: City of San Juan Capistrano City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 To Licensee - Evan Marks, Executive Director The Ecology Center 32701 Alipaz Street San Juan Capistrano, CA 92675 Section 16. Attorneys' Fees. If either party commences action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the other party reasonable attorney's fees and costs of suit. Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties regarding the Property and supersedes all previous negotiations and agreements between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the Licensor and Licensee have caused this Agreement to be executed on the date and year first written above. CITY OF SAN JUAN CAPISTRANO BY: I, City Manager ECOCENTER, INC. M APPROVED AS TO FORM: w Jeff alli ger, City ttorney Evan Marks, Executive Director 7 EXHIBIT A The Ecology Center License Agreement Site Plan SITE AREA: APPROXIMATELY .75 ACRE Driveways/farm access under joint use of The Ecology Center and South Coast Farms, ;;,{� NAP 11Not A Part" designating existing weather station, PC RESOLUTION NO. 16-02-23-1 CONDITIONAL USE PERMIT (CUP) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING OF CONDITIONAL USE PERMIT (CUP)15- 006 FOR THE ECOLOGY CENTER PROJECT LOCATED AT 32701 ALIPAZ STREET (ASSESSOR PARCEL NUMBER 121-190-57)(EVAN MARKS) Whereas, Even Marks, The Ecology Center, 32701 Alipaz Street, San Juan Capistrano, CA 92675 (the "Applicant"), has requested approval of Conditional Use Permit (CUP)15-006 for The Ecology Center which would modify Conditional Use Permit 08-003, specifically permitted uses, hours of operation, frequency of events, parking requirements and alcohol services located at the Congdon House at 32701 Alipaz Street which is General Plan -designated Agri -Business, classified as Agri -Business, and regulated by Specific Plan (SP) 85-01, Kinoshita Farm on the Official Zoning Map (the "Project"); and, Whereas, the City of San Juan Capistrano is the owner of real property located at 32400 Paseo Adelanto; and, Whereas, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Land Use Code; and, Whereas, the Environmental Administrator has reviewed the project pursuant to the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt (State CEQA Guidelines Section 15301; Class 1 "Existing Facilities") from further environmental review; and, Whereas, the Planning Commission conducted a duly -noticed public hearing on January 12, 2016, February 9, 2016, and February 23, 2016, pursuant to Title 9, Land Use Code, Section 9-2.302 and City Council Policy 5 to consider public testimony on the proposed project and has considered all relevant public comments. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Juan Capistrano does 'hereby find that the project is Categorically Exempt (Section 15301; Class 1 "Existing Facilities") from further environmental review under CEQA, The project is consistent with Section 15301 because the proposed modifications to the CUP result in uses identical or substantial similar to those already permitted and taking place at the Ecology center and within theAgri-Business designation. Therefore, the proposed modifications to the CUP do not result in an expansion of the existing use. In addition, the CUP modifications will also not result in any physical alteration of the Joel Congdon House or any other structures at the Ecology Center site, thus there will be no expansion of capacity. Further, none of the exceptions to the exemptions, found in State CEQA Guidelines Section 15300.2, apply. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano does hereby make the following findings *:/1:11: PC Resolutlon 16-02-23-1 ._ 2-__ _ Febroary 23 2016 as established by Section 9-2.317, Conditional Use Permit of Title 9, Land Use Code of the City of San Juan Capistrano: 1. The proposed use and design are consistent with the maps and policies of the General Plan because the modifications will not have an adverse impact on the primary agricultural use of the site. Physical changes and enhancements to the surroundings of the Congdon House comply with the Cultural Resources Element of the General Plan. The modification is consistent with the Secretary of the Interior's Standards primarily because it will have minimal impact on historic materials, is compatible with the site's historic character, and will appropriately address potential archaeological resources. 2. The proposed use and design are consistent with the purpose, intent, and standards of the Land Use Code and any applicable specific plan or comprehensive development plan, except as otherwise approved, because the site is zoned Agri - Business and regulated under the provisions of Specific Plan (SP) B5-01, Kinoshita Farm, which allows for accessory compatible uses to the primary agricultural production use at the site. The proposed events are related to the agricultural use of the site and are considered accessory and compatible to the primary agricultural production use. 3. The site for the proposed use is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking and loading areas, fire and building code considerations, trash and recycling enclosures, and other features pertaining to the application because the modification will occur at an existing historic developed site. There are no project components that affect or involve yard, open space or setback standards. The site has existing parking and access in accordance with Land Use Code, fire and building code requirements. Adequate trash and recycling receptacles exist on the site at the rear of the structure and coordinated with the farm's existing trash service. 4. The proposed use and the ongoing operation of the use are compatible with abutting properties and the permitted uses thereof, and will not generate excessive light, noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or hazards because the modificationms and on-going operation is compatible with the abutting farm on three sides and the existing residential uses on the east side of Alipaz Street. The proposed use will continue to operate as an enhancement of the existing farm use and will not create any additional impacts related to light, noise, vibration, odors, visual blight or other disturbances, nuisances, or hazards etc. 5. The site for the proposed use has adequate access and parking to support the use because modifications are not proposed to impact access and parking and the project will utilize an existing vehicular entry to the site and adequate access and parking exists on the site; and the use will not generate significant or excessive traffic. PC Resolution 1e-02-23-1 3 February 23, 2016 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby approves (CUP) 15-006, subject to those conditions of approval established by Exhibit A, attached hereto and incorporated herein. NOTICE OF DETERMINATION: The Planning Commission hereby directs staff to prepare and file a Notice of Exemption with the County Clerk within five days of the adoption of this resolution, CUSTODIAN OF RECORDS: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California 92675. The Development Services Director is the custodian of the record of proceedings. EFFECTIVE DATE & FINAL APPROVAL: This project approval shall become effective following expiration of the fifteen (15) day appeal period, subject to an appeal application. The appeal period shall expire at 5;00 p.m., Wednesday, March 9, 2016. This project approval is a modification to an already existing use and is in effect as of the date of this approval. 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 Ih 23`d clay of February, 2016. ti -. '[Sergi tlotz, MOP, Assistant Development Servic Director Secretary EXHIBIT A PC RESOLUTION NO. 16-02-23-1 CONDITIONS OF APPROVAL PROJECT LOG #: Conditional Use Permit (CUP)15-006 PROJECT NAME: The Ecology Center PC APPROVAL GATE: February 23, 2016 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 interert to the terms of this approval. GENERAL CONDITIONS: A. Praie!2_Plans,_The subject project consists of Conditional Use Permit (CUP) 15- 006 to modify CUP 08.003 located at 32701 Appaz Street (Assesuor Paroel Number 121490.57), which Is General Plan -designated Agri -Business and classified as Agd-Business and regulated under the provisions of Specific Plan (SP) 86-01, Kinoshita Farm. This project approval Is based on and subject to the application materials prepared by The Ecology Center - site photos, sketches and including site plan(s), and any other plans. These plans and the proposed use of the pro;ect site are hereby incorporated by reference Into this approval as submitted and conditioned herein, and shall not be further altered unless reviowed and approved pursuant to Article 9-2.301, Development Review Procedures of Title 9, Land Use Code. i 8. GornplignmMh Qutalde Rettulrem(rtsA Approval of this application does not relieve the applicant from complying with other applicable Federal, 'State, County or City regulations or requirements. The appiicant shall comply with all requirements of the City of Sen Juan Capistmno Munielpal Code, all requirements of City ordinances, r+esolutlons, and all applicable standards and pollciea that are In effect at the time that building permits are issued for the development. C. Sect lams. AD plans, specifications, studies, reports, calcutatlons, maps, notes, legal documents, and deslgns ishall be prepared, stamped and signed, when required, only by those Individuals legally authorized to do so. D. LtHl Qp enm. The appilcant, its agents, representatives, suemssors, and assignees shall defend, indemnify and hold harmless the City of San Juan Capistrano, Its elected and appointed officlals and employees, and its c onbact consultants, from any claim, action or proceeding to attack, set aside, void, or annul any land use approval associated with this project, Including but not nmiteci to environmental approvals under CEQA, architectural control approval@, use permit approvals, or other applicable City Municipal Code Title 9 land use approvale. Upon notice provided by City to the applicant, its agents, representatives, successors, or assignees, of service of process of such claims or actions; the project proponent, Its agents, representatives, successors, and PC Resclutivn 1642-23-1 Conditns of Approval CUP 15-006, The Ecology Center Date of Approval: February 23, 2016 Page 2 of 6 pages assignees, shall immediately act to provide an appropriate defense to such claims or actions. The applicant shall consult with the City Attorney regarding appropriate defense counsel In the event of the filing of such claims or actions. (DSD) E. Discreoany Clause. In the event that exhibits and written conditions are Inconsistent, the written conditions shall prevail. if there are any disparities between these conditions and the plana or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in tha later approval shall prevail, F. FM. The applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the City of Sen Juan Capistrano Municipal Code Section 9.5.101 and applicable federal, state, and local agencies. The duty of Inquiry as to such requirements shall be upon the applicant. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING PERMIT(S): 1.1 121IGatlp Gacfos. Prior to Issuance of building permits, plans for this project shall be submttted to the Building and Safety Division for review and approval, and shall comply with the latest City -adopted edition of the applicable building codes. (888) 1.2 fionr&2si2n (Snick Ear). Prior to issuance of bullding permits, plans for this Project shall be submitted to the Planning Division for review and entitlement processing. (DSD) THE FOLLOWING CONDITIONS SHALL BE SATISFIED AT ALL TIMES: 2.1 Ugum gf Qnorglion. The use may be operated daily, between the hours of 8:00 a.m. and 7:00 p.m. The use hours may extend to 10:00 p.m. up to three evenings per month, for a total of up to 36 times per year. (DSD) 2.2 Allpm and Camino diel Avlort Street_Pprkinr:, Pylar written approval by the City Engineer Is required on a case by care basis for the six (6) annual community events for parking on the west aide of Atipaz Street (from Via Positiva to Camino del Avlon) and Camino del Avlon (west of Aiipaz Street). (PWBUD) 2.3 &Aholorylca. The onsite sale of alcohol shall not be permitted. The service of alcohol may be served In conjunction with, the six (6) annual community events, corporate educational events and cullnory educational classes; subject to approval from the Department of Alcoholic Beverage Control (ABC) for a 1 -day (daily) seller license for each event. (DSD)",,- 2.4 fLnjml - Clar�sNVarfsa cr�(Ygt]ta n nndpr. The applicant shall submit to the Planning Dlvlaion a calendar of all activitlos for each calendar year. Six (6) annual community events shall be Included as part of this CUP. (DSD) 2.8 Ncn-clutn __I=gcued Events,- Activities Including wedding ceremonies/ receptions and concerts are not permitted on the property. (13813) PC Resolution 16-02-23-1 Conffllons of Approval CUP 16-006, The Edoh y Center Date of Approval. February 23, 2016 Pace 3 of 8 pages 2.6 ad Soundi SoundThe use of amplified sound for ave entertainment shall be limited to the six (6) annual community events. (DSD) 2.7 S1te MftJnWnartGq., The applicant shall maintain all portione of the site, Including undeveloped areas, pursuant to Municipal Code requirements for property maintenance. (DSD) 2.8 ;Conslstonry with ApmmvO Pigna. The project shall be constructed in accordance with all the approved plans and conditions of approval, Including but not limited to site plan,'floor plan and landscape/lrrigation plans. (PLN) 2.9 OCFA. Coorsnate all events with the Orange County Fire Authority (OCFA) - contact Lynne Pivaroff at (714) 573-6133. Responsible Departments/Agencles: DSD: Development Services Department DSD -BBS: DSD Building B Safety Division PWBUD: Public Works and Utiiitles Department OCFA: Orange County Fire Authority Applicant Acceptance of CondMons of Approval: 1Z)6 Slgnature of (name & title) Date