CHC Resolution-06-02-28-02CHC RESOLUTION NO. 06-02-28-2
SITE PLAN REVIEW (SPR) 05-04,
LOS RIOS PARK & PARKING LOT
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A SITE PLAN REVIEW FOR THE LOS RIOS PARK & PARKING LOT
LOCATED WITHIN THE LOS RIOS HISTORIC DISTRICT AND MORE
PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBERS 121-
143-01,08,13 &18, 121-160-15 &18, 649-191-02 (LOS RIOS PARK &
PARKING LOT, CIP NO. 465).
Whereas, on April 5, 2005 the City Council approved a consultant
agreement with David Volz Design to develop the Los Rios Park Master Plan; 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 initial study
prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines; has issued a Mitigated Negative Declaration pursuant to Section 15070 of
those guidelines; has caused a Notice of Negative Declaration to be posted pursuant to
Section 15072 of those guidelines; and has otherwise complied with all applicable
provisions of the California Environmental Quality Act (1970); and all mitigation measures
will be included in the final approving resolution as conditions of approval; and,
Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 15074 of CEQA; and,
Whereas, on February 28, 2006, the Cultural Heritage Commission
conducted a duly noticed public meeting pursuant to Section 9-2.339 of the Municipal Code
to consider public testimony on the proposed project; and,
Whereas, on January 16, 2006, the Parks, Recreation and Equestrian
Commission reviewed the conceptual park plans and recommended the project to the City
Council and Planning Commission for review and final action; and,
Whereas, on January 5, 2006, the Design Review Committee reviewed the
conceptual park plans and recommended the project to the City Council and Planning
Commission for review and final action; and,
CHC Resolution 06-02-28-2 2 February 28, 2006
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City . of San Juan Capistrano does hereby make the following
findings:
The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Cultural Resources Element because it
will provide a landscaped passive park to serve the Los Rios District and City
visitors with a design that is sensitive to the historic context, rural character, and
visual aesthetics of the area; and,
2. The proposed project is consistent with the purpose and intent of the "P" District
because the project will provide for a public park and related public and cultural
uses; to serve the neighborhood. and downtown area. The project will also provide a
truck delivery area to alleviate commercial traffic on Los Rios Street, and provide
pedestrian connections to the Montanez Adobe and to the San Juan Creek trail;
and,
3. The project is consistent with the purpose and intent of the "HC" District because it
allows as a permitted principal use the construction of a park and recreational uses
that are passive in nature, such as picnicking, arts and craft workshops, outdoor
cultural performances. The overall design of park is intended to be passive with
native plant material. The design includes passive open areas, native plantings,
pedestrian plaza, picnic areas, equestrian staging area, and a tot lot; and,
4. The project is consistent with the purpose and intent of the "HR" District because
the project will maintain the existing historic, residential character of Los Rios Street
while allowing accessory, pedestrian -oriented uses in conjunction with residential
occupancy. The project area includes the Montanez Adobe property. The project
will not impact the Adobe but will involve a revitalization of the landscape material to
reflect early California and native heritage plantings. The proposed plaza is located
south of the Adobe and is within the "HR" District. The design of the plaza does not
include the construction of new buildings; however, it does include a vehicle access
area for pickup & delivery, native landscaping, seating and a historic marker. The
proposed design provides for a pedestrian plaza that links the Los Rios District and
the downtown area to the park and parking lot; and,
5. The proposed project is consistent with the Los Rios Specific Plan Site Design
Standards, specifically the Landscape Design Goals & Standards because
substantiation is provided in the staff report dated February 28, 2006, that the
project has complied with goals and standards for landscaping, screening,
pedestrian spaces, lighting, seating, and new construction; and,
6. The proposed project is in conformance with the Secretary of the Interior's
Standards for Rehabilitation as follows:
CHC Resolution 06-02-28-2 3 February 28, 2006
A property will be used as it was historically or be given a new use
that requires minimal change to its distinctive materials, features,
spaces, and spatial relationships. The project is consistent with this
standard because the site will not be altered with a new use, but will
include minimal changes such as native landscaping, a pedestrian
plaza and seating. The project will not involve any modifications to
the Montanez Abobe.
• The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces,
and spatial relationships that characterize a property will be avoided.
The project is consistent with this standard because the site will not
include changes to the Montanez Adobe or changes to the spatial
relationship adjacent to the Adobe and the proposed plaza. The
project will improve the compatibility between the Adobe and the
pedestrian area by replacing the parking spaces with a sensitively
designed plaza.
• Each property will be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken. The project is
consistent with this standard because it utilizes compatible, yet
contemporary (current) elements and materials that will not create a
false sense of history.
• Changes to a property that have acquired historic significance in their
own right will be retained and preserved. The project is consistent
with this standard because the parking lot, turf areas, and non-native
landscaping have not acquired historic significance.
• Distinctive materials, features, finishes, and construction techniques
or examples of craftsmanship that characterize a property will be
preserved. The project is consistent with this standard because the
site does not contain examples of distinctive materials or features
aside from the Montanez Adobe.
• Archeological resources will be protected and preserved in place. If
such resources must be disturbed, mitigation measures will be
undertaken. The project is consistent with this standard because the
Mitigated Negative Declaration contains a mitigation measure that
requires a qualified archaeologist and Native American monitor to
observe all ground disturbing activities.
New additions, exterior alterations, orrelated new construction will not
destroy historic materials, features, and spatial relationships that
CHC Resolution 06-02-28-2 4 February 28, 2006
characterize the property. The new work shall be differentiated from
the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of the
property and its environment. The project is consistent with this
standard because the materials and finishes of the restroom building
all proposed walls, fences and paving and landscape will compliment
the historic character of the site. The spatial relationships
characterizing the area surrounding the Adobe and along this section
of Los Rios Street will be preserved.
• New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. The project is consistent with this
standard because the restroom building, paving, fences, walls and
landscaping will not affect the integrity of the property if removed in
the future and will not impair the integrity of the Adobe and its
surroundings; and,
7. The proposed project is consistent with the Circulation Element of the Los Rios
Specific Plan because substantiation is provided in the staff report dated February
28, 2006, that the project has complied with goals for pedestrian access, public
parking, protection of Los Rios Street, loading, and trails.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby approve the project
and a Mitigated Negative Declaration and approve S,PR 05-04 subject to the conditions of
approval contained in Exhibit "A" attached hereto and incorporated herein; and,
EFFECTIVE DATE & FINAL APPROVAL: This project approval shall
become effective following expiration of the fifteen (15) day appeal period without filing of
an appeal application and following Planning Commission approval of the other associated
discretionary request (Architectural Control). In the event the Planning Commission final
action on that application, or City Council final action on any appeal, would result in denial
of that application, 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.
PASSED, APPROVED AND ADOPTED this 28th day of February,
2006, by the following vote, to wit:
AYES: Commissioners Andrews, Forster, Nunez, Porter, Tryon and Acting Chair
Siegel
NOES: None
CHC Resolution 06-02-28-2 5 February 28, 2006
ABSTAIN: None
ABSENT: Commissioner Belardes
n Siegel, ActirA Chair
Teri Delcamp, Historic Presery tion Manager
Commission Secretary
PAPlanning\Archive\SPR PROJECTS\Spr0504LosRiosPark&ParkingLot\SPR0504 CHC reso 28Feb06.doc
RESOLUTION #: 06-2-28-2
EXHIBIT A
CULTURAL HERITAGE COMMISSION
CONDITIONS OF APPROVAL
Project #: Site Plan Review (SPR) 05-04
Project Name: Los Rios Park & Parking Lot
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
February 28, 2006
Same as AC # 05-09
Same as AC # 05-09
These conditions of approval apply to Los Rios Park & Parking Lot, Site Plan
Review (SPR) 05-04 to construct a parking lot and a passive park on 4 acres of
City -owned property located within the Los Rios Specific Plan area. The parking lot
is proposed to include 83 parking spaces, a drainage bio-swale, and delivery
drop/pickup turn -around area. The park is proposed to include a tot lot, restroom
building, equestrian area, picnic areas, native landscaping and a pedestrian plaza.
The park is intended for daylight use only and lighting will be limited to low -intensity
security lighting. The park design also includes landscape enhancement to the
Montanez Adobe property. The existing landscape will be replaced with native and
drought tolerant plant material and the project will not involve any modifications to
the Abobe building. The project addresses previous concepts suggested by the
Cultural Heritage Commission including a separate building for restroom, storage
and electrical panel for the Adobe and incorporation of historical interpretation
elements originally conceived as the pathway to history. Structural repairs to the
Adobe will be separate CIP projects. 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 for review and approval.
General Conditions:
Selection of all furniture, light standards, walls, fencing, trash receptacles, bike
racks, benches, and picnic tables shall conform to the Secretary of the
Interior's Standards for Rehabilitation for all areas of park within the National
Register Historic District. The design materials and finishes for the restroom
building shall also conform to the Secretary of the Interior's Standards for
Rehabilitation.
2. All landscape material planted within the Historic District shall be consistent
with the existing natural and organic texture of Los Rios Street, and sensitive
to the historic and rural character, and visual aesthetics of the area.
Resolution #06-2-28-2 Final Conditions of Approval
Project # SPR 05-04 Date: February 28, 2006
Page 2 of 3
3. The long-term maintenance program of the park shall ensure that all native
trees and plants are not trimmed, pruned or topped in a manner that damages
or inhibits the tree/plant natural growth characteristics.
4. Prior to any ground -disturbing activity for the project, the City shall retain a
qualified archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact information
for the archaeologist. The archaeologist 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 any 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.
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. During ground -disturbing activities for the project, a Native American monitor
shall observe activities that result in site clearing grading excavating, and/or
trenching on or below the
related off-site utility [e.g.,
communications, etc.] and
monitor shall consult with
remains encountered durii
1 ,
original ground surface (including during project -
natural gas, electricity, sewer, water, drainage,
roadway improvements). The Native American
he archaeological monitor regarding objects and
ig 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)
6. Prior to the City's issuance of a Notice of Completion for the park and parking
lot project, the City shall ensure that final reports for any historical, cultural, or
archaeological resources recovered from the project site during grading or
construction have been filed with the City. Reports shall include information on
disposition of resources. (PLN)
*Denotes Environmental Mitigation Measure
Resolution #06-2-28-2 Final Conditions of Approval
Project # SPR 05-04 Date: February 28, 2006
Page 3 of 3
7. The project does not involve alterations to the Montanez Adobe. However,
proposed irrigation shall be designed to prevent runoff towards the Adobe and
no excavation shall be conducted within close proximity to the foundation of
the Adobe. (PLN)
8. The project shall incorporate appropriate historical and interpretative elements,
designed in conformance with the Secretary of the Interior's Standards. (PLN)
9. Vehicular access onto Los Rios Street from the parking lot shall be restricted
with the installation of bollards. Access shall only be for pedestrians and
emergency vehicles.
End of Conditions
PAPlanning\Archive\SPR PROJECTS\Spr0504LosRiosPark&ParkingLot\SPR0504 CHC coa 28Feb06.doc
*Denotes Environmental Mitigation Measure