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CHC Resolution-05-08-23-01CHC RESOLUTION NO. 05-8-23-1 v- 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, L 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, L 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 J 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, - 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. - 12. - 13. - 14. - 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