CHC Resolution-05-08-23-01CHC RESOLUTION NO. 05-8-23-1
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SITE PLAN REVIEW (SPR) 05-02
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING AN ADDENDUM TO A NEGATIVE DECLARATION,
APPROVING A SITE PLAN REVIEW FOR THE LECK HOUSE RELOCATION TO A 0.398
ACRE PARCEL LOCATED AT 31861 LOS RlOS STREET AND MORE PRECISELY
RELOCATION)
REFERRED TO AS ASSESSORS PARCEL NUMBER 121-160-48 (LECK HOUSE
Whereas, the San Juan Capistrano Historical Society, assisted by William
Lyon Homes, Inc., (4490 Von Karman Ave., Newport Beach, CA 92660), requests approval
to relocate the 1,641 square foot Arley Leck House to the property at 31861 Los Rios
Street, behind the Oyharzabal House and Silvas Adobe; 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 Section 15164 of the California Environmental Quality Act (CEQA) and has required
preparation of an addendum to a previously approved Negative Declaration to incorporate
only minor changes or additions because there are no substantial changes to the project or
circumstances under which the project will be undertaken, and no new information of
substantial importance that was not known at the time the Negative Declaration was
approved, and has othewise complied with all applicable provisions of the CEQA; and,
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Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator’s determination pursuant to Section 15074 of CEQA; and,
Whereas, the Cultural Heritage Commission conducted a duly noticed public
meeting on August 23, 2005 pursuant to Section 9-2.339, Public Meeting Procedures of
the Municipal Code to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following findings:
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Cultural Resources Element because the
project will preserve a historically significant structure within the City, and, as
conditioned, will be compatible with the National Register Historic District within the
Los Rios Specific Plan area; and,
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2. The proposed project is consistent with the ”Secretary of the Interior’s Standards for
Treatment of Historic Properties,” specifically including provisions for additions
within historic district settings, because:
CHC Resolution 05-8-23-1 2 August 23,2005
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a. Conditions of approval have been added to ensure that authentic colors,
materials and finishes are used to rehabilitate the structure.
b. The house will be relocated to the rear of the site, and as conditioned, will be
landscaped along the street frontage to ensure that the visual character of the
National Register Historic District along Los Rios Street is preserved; and
3. The proposed project is consistent with the standards established by Section 9-
2.327, Site Plan Review of Title 9, Land Use Code and the Los Rios Specific Plan
because:
a. The relocation and public/museum use are allowed subject to, and contingent
upon, the approval of a conditional use permit.
b. The approval is contingent upon approval of the variance requests for parking
and setbacks and tree removal permit for removal of trees.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby approve an
addendum to the previously approved negative declaration and approve the project subject
to the conditions of approval contained in Exhibit “A’ attached hereto and incorporated
herein; and,
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FURTHER, the Cultural Heritage Commission hereby recommends that he
proposed use of the structure for public/museum purposes be forwarded to the Planning
Commission for approval of the conditional use permit, zoning variance and tree removal
permit, and that the applicant further investigate the potential to provide on-site parking or
provide justification for the inability to provide parking.
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (1 5) day appeal period without filing of
an appeal application and following Planning Commission approval of the other associated
discretionary requests (conditional use permit, zoning variance, and tree removal permit).
In the event the Planning Commission final action on those applications, or City Council
final action on any appeal, would result in denial of any of those applications, this project
approval shall become null and void. In the event that action by the Planning Commission,
or City Council on appeal, on related applications necessitates substantial changes to this
application, the project shall be referred to the Cultural Heritage Commission for review of
the proposed changes.
CHC Resolution 05-8-23-1 3 August 23,2005 -
PASSED, APPROVED AND ADOPTED this 23rd day of August, 2005, by the
following vote, to wit:
AYES: Commissioners Andrews, Forster, Porter, Tryon, and Chairman Siege1
NOES: Commissioner Duzich
ABSTAIN: Vice-chairman Belardes
A ABSENT:
E -*a 0-
Teri Delcamp, Historic Preservatidn Manager, Secretary
PWanning\Archive\SPR PROJECTS\Spr0502Leck\Spr0502-CHCres-05-8-23-1- doc
RESOLUTION #: 05-8-23-1
EXHIBIT A
CULTURAL HERITAGE COMMISSION CONDITIONS OF APPROVAL
Project #: SPR 05-02 Project Name: LECK HOUSE RELOCATION
APPROVAL DATE: August 23,2005
EFFECTIVE DATE: Same as CUP # 05-01, Variance # 05-04 and TRP #
05-080
EXPIRATION DATE: Same as CUP # 05-01, Variance # 05-04 and TRP #
05-080
These conditions of approval apply to Site Plan Review #05-02 to relocate a 1,641
square foot house to a 0.398 acre site zoned Historic Residential within the Los Rios
Specific Plan located at 31861 Los Rios Street. Any proposed change of use or
expansion of the area or modifications to the site plan or structures shall be submitted to
the City Planning Department along with the required application and fee, for review.
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:
SPR # 05-02 is granted to relocate a house consisting of 1,641 square
feet to a 0.398 acre site at 31861 Los Rios Street site (APN 121-160-48).
This approval is granted based on the application materials submitted by
William Lyon Homes, Inc. and the San Juan Capistrano Historical Society
on August 18, 2005, prepared by RBF Consulting on August 17, 2005,
including a preliminary grading plan. These plans and the proposed use of
the site are approved as submitted and conditioned herein, and shall not
be further altered unless reviewed and approved by the affected city
departments. Minor modifications to this approval which are determined
by the Planning Director to be in substantial conformance with the
approved site plan, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee.
Any application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval, except as otherwise approved by the
Planning Director.
2- - Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
Resolution #05-8-23- I
Project # Site Plan Review 0502, Leck House
Final Conditions of Approval
Date: August 23, 2005
Page 2 of IO
The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services
related to the project of their responsibilities to comply with these
conditions of approval and all pertinent requirements in the San Juan
Capistrano Municipal Code, including the requirement that a business
license be obtained by all entities doing business in the City.
This approval is contingent upon the approval of CUP # 05-01, Variance #
05-04 and TRP # 05-080, and shall become null and void upon the
expiration of said approval. This approval shall become effective on the
effective date of CUP # 05-01 , Variance # 05-04 and TRP # 05-080 by the
Planning Commission. If any of these related applications are not
approved, this SPR approval shall become null and void. In the event that
action by the Planning Commission on related applications necessitates
substantial changes to this application, the project shall be referred to the
CHC for review of the proposed changes.
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 plans or final revised plans that are approved for any
subsequent phase, the conditions and/or plans as stipulated in the later
approval shall prevail.
The applicant shall pay all fees at the time fees are determined payable
and comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant. The request for waiver of fees shall be submitted to City Council
for review.
All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading or
foundation permits for the project.
8- - Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Conceptual grading plans
shall be subject to review by the Design Review Committee. Precise
grading shall be consistent with the approved conceptual grading plan and
W *Denotes Environmental Mitigation Measure
Resolution #05-8-23- I
Project # Site Plan Review 0502, Leck House
Relocation Page 3 of 70
Final Conditions of Approval
Date: August 23, 2005 u
site plan. These plans shall show, at minimum, the limits of grading, the
drainage, any applicable retention/detention basins, sewer, water, trails,
parkways, streets and all appurtenant improvements. The extent of the
topography shall be extended enough to determine the geological and
drainage impacts to adjacent properties. The elevations shall correspond
with the Orange County benchmark datum. All drainage must be treated
prior to being conveyed to the street or a City approved drainage facility in
accordance with the National Pollutant Discharge Elimination System
(NPDES) requirements. In addition, the grading plans shall show the
following information: (ENG/PLN)
a. Location of all existing trees and indicate trees to be removed and
trees to remain in place. (PLN)
b. Show and identify all pedestrian access ways on the site plan. Design
of these areas shall be reviewed and approved by the applicable City
departments and shall comply with Title 24 Handicapped Accessibility
Standards and City Building Codes. Where pedestrian aisles cross
driveways, enhanced paving shall be used. (PLN)
c. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading and relocation operations. (PLN)
d. Location, height, materials and colors of any retaining walls. (PLN)
e. Show the location and method of screening for all ground-mounted
equipment on the site plan, including but not limited to air conditioning
and heating units, utility boxes, and backflow devices. All equipment
shall be screened from public view. Screening shall be compatible with
main structures and include landscaping where appropriate. (PLN)
9. - Archaeological Monitoring. Prior to issuance of a grading or foundation
permit, the applicant shall submit to the Planning Department
documentation that a qualified archaeologist has been retained to monitor
site clearing, grading, and excavation activities, stating the name,
qualifications, and contact information for the archaeologist. (PLN)
IO. - Orange Countv Fire Authority (OCFA) Approval. Prior to issuance of a
grading or foundation permit, the proposed project shall be reviewed and
approved by the Orange County Fire Authority (OCFA).
u *Denotes Environmental Mitigation Measure
Resolution #05-8-23- 7
Project # Site Plan Review 05-02, Leck House
Final Conditions of Approval
Date: August 23, 2005 -
Reioca tion
11. -
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Page 4 of IO
Fire Flow Demands. Prior to issuance of a grading or foundation permit,
the applicant shall obtain from the Orange County Fire Authority (OCFA)
the required fire flow demands and the fire protection requirements to
serve the subject project and shall provide evidence of satisfactory fire
flow. (PW)
Relocation Plan. Prior to issuance of a grading or foundation permit, the
applicant shall submit to the Engineering Department for approval a
relocation plan, including the route and approvals from all affected utility
companies and agencies. (ENG)
Prior to issuance of a grading or foundation permit, the applicant shall
obtain a tree removal permit. (PLN)
Prior to issuance of a grading or foundation permit, the applicant shall
submit a request to the Planning Department to add the Arley Leck House
to the Inventory of Historic and Cultural Landmarks. (PLN)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
15. -
16. ___
Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City-adopted edition
of the applicable building codes. (BStS)
Buildina Construction Plans. Prior to issuance of building permits, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN)
a. The final conditions of approval shall be incorporated into the
construction plans and shall be reproduced on the front page of the
construction plans.
b. Location and method of screening for all roof-mounted and building-
mounted equipment shall be demonstrated on the elevations, including
but not limited to kitchen exhaust vents, air conditioning and heating
units, utility boxes, and backflow devices. All equipment shall be
screened from public view and designed to be an integral component - *Denotes Environmental Mitigation Measure
Resolution #05-8-23- 7
Project # Site Plan Review 05-02, Leck House
Relocation Page 5 of 70
Final Conditions of Approval
Date: August 23, 2005
of the building design. All roof-mounted equipment shall be screened
from view by parapet walls or other architectural means. The applicant
shall demonstrate to the satisfaction of the City Planner that no roof-
mounted equipment will be visible from the public right-of-way.
Screening shall be compatible with main structures and include
landscaping where appropriate.
c. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached. The
elevations shall also show the use of authentic materials, colors and
finishes.
d. Location of all building-mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations,
and fixtures shall be decorative and complementary to the building
architecture.
e. The plans shall comply with the Secretary of the Interior’s Standards
for Rehabilitation of historic buildings.
L 17. - On-Site Utilitv Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall be specific to the project which reflects consistency
with the City’s Sewer and Water standards. (ENG)
18. - Drv Utilities. Prior to issuance of building permits and approval of dry utility
plans, the applicant shall submit to the City Engineer, for review and
obtain approval for, Electrical Gas, Telephone and Cable Television
Installation Plans which include the size and location of all above ground
pedestal, to ensure compatibility with existing and proposed
improvements. Pedestals shall be located in areas with limited visibility to
the general public, and screened with landscaping to the extent feasible.
The applicant shall coordinate with utility providers to ensure that required
public improvements are not in conflict with existing or proposed utilities,
and that utility devices may be screened on the site to the extent
practicable. Any exception shall be subject to review and approval by the
City Engineer.
19. - Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for
*Denotes Environmental Mitigation Measure v
Resolution #05-8-23- 1
Proiect # Site Plan Review 0502, Leck House
Final Conditions of Approval
Date: August 23, 2005 u
Rejocation
20. -
21. -
Page 6 07 IO
review by the Design Review Committee. Final Landscape Plans shall
show the following information and requirements: (PLN)
a.
b.
C.
d.
e.
f.
g.
Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and
drought resistant plants.
All trees on site to be removed and retained. Tree removals shall
comply with the City’s Tree Permit requirements.
Turf areas shall be limited in area in designed to minimize overspray.
Turf areas shall be separated from non-turf areas by a mow strip or
header.
Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
Decorative hardscape and walkways, indicating materials and colors.
Where pedestrian walkways cross drive aisles, decorative paving shall
be used.
Location, height, materials and colors of all proposed and existing
walls and fences.
Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices
(brass marker plaque), etc.
OCFA Review of Architectural Building Plans. Prior to the issuance of a
building permit, the applicant shall submit architectural plans for the review
and approval of the Fire Chief if required per the “Orange County Fire
Authority Plan Submittal Criteria Form.” Please contact the OCFA at (714)
573-6100 for a copy of the SiteIArchitectural Notes to be placed on the
plans prior to submittal. (OCFA)
Prior to the issuance of a building permit, the applicant shall submit for
Cultural Heritage Commission approval plans for the required permanent
brass marker plaque providing a brief history of the structure, original
location, and date of relocation. (PLN)
W *Denotes Environmental Mitigation Measure
Resolution #05-8-23- I
Project # Site Plan Review 05-02, Leck House
Relocation Page 7 of IO
Final Conditions of Approval
Date: August 23, 2005
The following conditions and requirements shall be met during construction,
from the beginning of the first ground-disturbing activity until the use has been
released for occupancy.
22. - Compliance with approved plans. At all times during construction, the
applicant s ha II ensure com pliance with approved construct ion mitigation
plans, including: (ENG)
a. Erosion Control Plan
b. Haul Route Plan
c. Traffic Control Plan
d. Construction Debris Recycling Plan
e. Temporary Use Permit for construction trailer and staging areas.(PLN)
23. - Pre-construction Meeting. Contractor shall attend a pre-construction
meeting with the Building and Safety Department, Planning Department
and archaeological monitor prior to commencement of any construction on
the site. (B&S)
24. - Drainage Problems. During the entire grading a construction operation,
the applicant shall adhere to the following conditions to address
unforeseen drainage issues: (ENG)
a. If any drainage problem is identified or does occur during construction,
the applicant shall provide and implement a solution acceptable to the
City Engineer at no cost to the City, and submit a recorded instrument to
insure the future of the solution. (ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental Geotechnical
Soils Report and additional fees. (ENG)
25. - Waste Disposal and Sanitation. At all times during construction, the
applicant shall maintain adequate sanitary disposal facilities and solid
waste disposal containers on site. The accumulation of refuse and debris
constituting a public nuisance is not permitted. (ENG)
*Denotes Environmental Mitigation Measure W
Resolution #05-8-23- 1
Project # Site Plan Review 05-02, Leck House
Relocation Page 8 of 10
Final Conditions of Approval
Date: August 23, 2005 Ld’
26. - Construction hours. Construction hours shall be limited to 7:OO a.m. to
6:30 p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m.
on Saturday. Construction activity shall not be permitted on Sundays or
any Federal holiday.(PLN)
27. - Archaeological Monitor. A qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County)
shall be retained (at the project applicant’s expense) by the City of San
Juan Capistrano 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.] and roadway improvements). Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified
archaeologist can determine if the resources are significant and, if
significant, until recovered by the archaeologist.
28. -
In the event that human remains are discovered, construction activities
shall be halted or diverted until the provisions of s7050.5 of the Health and
Safety Code and s5097.98 of the Public Resources Code have been
implemented. (PLN)
Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result
in grading, excavating, and/or trenching on or below the original ground
surface (including during project-related off-site utility [e.g., natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). The Native American monitor shall consult with the
archaeological monitor regarding objects and remains encountered during
grading that may be considered sacred or important. In the event that
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (PLN)
L.J *Denotes Environmental Mitigation Measure
Resolution #05-8-23- I
Project # Site Plan Review 05-02, Leck House
Relocation Page 9 of IO
Final Conditions of Approval
Date: August 23, 2005
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
29. - Complete all Improvements to the Citv’s Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions. (ENG)
cl
30. -
31.
Installation of Landscaping. Prior to approval of final inspection the
applicant shall install all landscaping and irrigation. The applicant shall
provide a certification, from a licensed Landscape Architect, stating that
the landscape materials and irrigation system (tested for full coverage)
have been planted and installed in compliance with the approved
landscape plans. Additionally, all bicycle racks, pedestrian walkways,
seating, and other improvements shown on the Final Landscape Plan
shall be installed to the satisfaction of the Planning Department. (PLN)
- Consistencv with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscapeiirrigation plans, lighting plans, and elevations. If all
improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement to defer the completion of
the improvements provided that a bond, cash deposit, or other surety in a
form and substance approved by the City Attorney, is submitted to the City
in lieu of installation of the improvements, that application and required
fees are submitted, and that the incomplete improvements will not create
an unsafe condition on the site. The term of the deferral shall be as
determined by the City Planner. (PLN)
32. - Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the applicant shall submit final reports for any historical,
cultural, archaeological or paleontological resources recovered from the
project site during grading or construction. Reports shall include
information on disposition of resources. (PLN)
33. - Final Plannina Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding - *Denotes Environmental Mitigation Measure
Resolution #O5-8-23- I
Project # Site Plan Review 0502, Leck House
Relocation Page IO of 70
Final Conditions of Approval
Date: August 23, 2005 -1-
balance in the Developer Deposit Account assigned to this application.
(PLN)
34. __ Prior to final inspection by the Planning Department, the applicant shall
install the permanent brass marker plaque consistent with the Cultural
Heritage Commission’s approval. (PLN)
The following ongoing conditions shall be complied with at all times after
completion of the project.
35. - Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
36. - Future Parking Demand. In the event that future land uses require
additional parking, the applicant must obtain the necessary land use
approval that demonstrates that sufficient parking is being provided for all
land uses within the building or on the property. (PLN)
Responsible Agencies: B&S Building and Safety
--/ ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: August 23, 2005
Resolution No.: 05-8-23-1
Effective Date: Same as CUP # 05-01, ZV # 05-04 and TRP # 05-080
Applicant Acceptance of Conditions of Approval:
Title
u *Denotes Environmental Mitigation Measure