CHC Resolution-06-09-06-01CHC RESOLUTION NO. 06-9-6-1
SITE PLAN REVIEW (SPR) 06-01
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION,
APPROVING A SITE PLAN REVIEW FOR EXPANSION OF AN EXISTING ANIMAL
PETTING FARM, AND RECOMMENDING APPROVAL OF A CONDITIONAL USE
PERMIT AND ZONING VARIANCE LOCATED AT 31791 LOS RIOS STREET
(ASSESSORS PARCEL NUMBERS 121-160-17 & 20; ZOOMARS)
Whereas, on January 11, 2006, Omar & Carolyn Gonzalez ("Applicants"),
31791 Los Rios Street, San Juan Capistrano, CA 92675, submitted a site plan review
application (SPR 06-01) for Cultural Heritage Commission review and approval of
modifications to a historic site in conjunction with the expansion of an existing animal
petting farm at 31791 Los Rios Street; and,
Whereas, the Applicants submitted conditional use permit and zoning
variance applications for Planning Commission review and approval of the petting farm
expansion to be processed concurrently with the SPR application; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas the Planning Department reviewed the project and prepared an
initial study pursuant to Section 15063 and 15064 of the CEQA Guidelines; has issued a
Mitigated Negative Declaration pursuant to Section 15070 of those Guidelines; has caused
a Notice of Mitigated Negative Declaration to be posted pursuant to Section 15072 of those
Guidelines; has otherwise complied with all applicable provisions of the California
Environmental Quality Act (1970); and all mitigation measures have been included with the
conditions of approval for the project; and,
Whereas, the Cultural Heritage Commission has considered the
environmental determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), and has considered all project environmental documentation and
technical studies; and,
Whereas, the Cultural Heritage Commission conducted a duly noticed public
meeting on August 22 and September 6, 2006 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:
Excluding the proposed fence down River Street, the proposed project is consistent
with the policies and objectives of the San Juan Capistrano General Plan,
CHC Resolution 06-9-6-1 2 September 6, 2006
specifically, the Cultural Resources Element because the project will preserve a
historically significant site within the City, and, as conditioned, will be compatible
with the National Register Historic District within the Los Rios Specific Plan area;
and,
2. Excluding the proposed fence down River Street, 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
conditions of approval have been added to ensure that authentic colors, materials
and finishes are used for treatment of existing historic structures and for proposed
new construction.
3. Excluding the proposed fence down River Street, 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 proposed new construction, as conditioned, meets the site design standards
and architectural design guidelines for the "HR" and "HC" districts of the Los
Rios Specific Plan.
b. The approval is contingent upon approval of the conditional use permit and
zoning variance requests by the Planning Commission..
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby adopt a Mitigated
Negative Declaration and approve the project, excluding the proposed fence down River
Street, subject to the conditions of approval contained in Exhibit "A" attached hereto and
incorporated herein; and,
FURTHER, the Cultural Heritage Commission hereby recommends that the
project be forwarded to the Planning Commission for approval of the conditional use permit
and zoning variance.
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 requests (conditional use permit and zoning variance). 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 06-9-6-1 3 September 6, 2006
PASSED, APPROVED AND ADOPTED this 6th day of September, 2006, by
the following vote, to wit:
AYES: Commissioners Andrews, Belardes, Nunez, Tryon, Vice -Chair Forster
and Chair Porter
NOES: None
ABSTAIN: None
ABSENT: Commissioner Siegel
Lorie Po er, Chair
Teri Delcamp, Historic Preservation Manager, Secretary
RESOLUTION #: CHC RESOLUTION NO. 06-9-6-1
Project #: SPR 06-01
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project Name: Zoomars
September 6, 2006
Same as CUP 06-01, ZV 06-07
Same as CUP 06-01, ZV 06-07
These conditions of approval apply to SPR 06-01 to expand an existing animal petting
farm on approximately 1.37 acres of property zoned Los Rios Specific Plan, Historic
Commercial and Historic Residential located at 31791 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:
1. SPR 06-01 is granted to expand an existing animal petting farm, including
a new pedestrian entry on Los Rios Street; modifications to existing
structures; new accessory structures; new pedestrian pathways through
the site; new signs and new paint colors on approximately 1.37 acres of
property located at 31791 Los Rios Street, generally located 950 feet
north of Del Obispo Street (APN 121-160-17 & 20). The proposed fence
down River Street is not included with this approval, and is subject to
subsequent action by the Planning Commission. This approval is granted
based on the application materials submitted by Omar and Carolyn
Gonzalez, prepared by David Graves, P.E. on July 5, 2006, including a
site plan and Water Quality Management Plan; and prepared by Rubio
Medina on November 23, 2005, including elevations, floor plans and
details, received by the City on July 6, 2006. These plans 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 plans, 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. 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 requests
(conditional use permit and zoning variance) and shall expire consistent
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 2 of 10
with the expiration date of the associated discretionary approvals unless
the use or occupancy which is the subject of this action has taken, place
and all conditions of approval have been met, or a time extension has
been granted by the City. 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.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action, or proceeding against the City of San Juan Capistrano,
its officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or
condition of approval of the City Council, Planning Commission, or City
Planner. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and the City shall cooperate fully in
the defense of the matter. The City reserves the right, at its own option, to
choose its own attorney to represent the City, its officers, employees, and.
agents in the defense of the matter.
5. 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.
6. This approval is contingent upon the concurrent approval of CUP 06-01,
and ZV 06-07, and shall become null and void upon the expiration of said
concurrent approval.
7. Sign approval for the project is a separate process requiring the issuance
of a sign permit and building permits, and is subject to .review and
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 3 of 10
approval by the Planning Department and Building and Safety
Department.
8. 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.
9. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
10. 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.
11. 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 building
permits for the project.
12. Pay Fees and Post Sureties. Prior to issuance of building permits, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of applicable proposed on-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
13. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
building permits, the applicant shall submit to the City Engineer for review
and obtain approval for a program complying with the requirements of the
California Integrated Waste Management Act of 1989 to reduce
construction and demolition debris through recycling. (ENG)
14. Connection to City Drain must be Documented and Filed. Prior to
issuance of building permits, any proposed connections to existing public
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 4 of 10
storm drain systems, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to exiting plans, where points of
connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (ENG)
15. NPDES — Water Quality Requirements and Compliance. Prior to issuance
of building permit, the applicant shall submit to the City Engineer for
review, and shall obtain approval for, revisions to the approved conceptual
Water Quality Management Plan (WQMP) specifically identifying structural
and non-structural Best Management Practices (BMP's) that will be used
on-site to control predictable pollutant runoff. The applicant shall obtain
and follow the City of San Juan Capistrano's WQMP outline and
instructions. The applicant shall also comply with all the requirements of
the latest NPDES Permit, the City's Water Quality Ordinance & Local
Implementation Plan and the Clean Water Act. (ENG)
16. *Water Quality Management Plan. Prior to issuance of building permits,
the owner shall submit for review and obtain the approval of the
Engineering and Building Department for plans to secure the necessary
permits to construct the sand filter identified in the Water Quality
Management Plan. (ENG)
17. *Qualified Archaeological Monitor. Prior to issuance of building permits for
the sand filter and restroom building, 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)
18. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
19. 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. (B&S)
*Denotes Environmental Mitigation Measure .
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 5 of 10
20. On -Site Utility 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 the Water Engineering Manager, 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 include the
trash enclosure(s) that shall be covered with solid roof; its floor surface
shall be connected to the sewer system through an inlet in the center with
a traffic rated grate, and a concrete apron or similar if approved by the City
Engineer shall be constructed in front of the trash enclosure. The site plan
shall be specific to the project which reflects consistency with the City's
Sewer and Water standards. (ENG & PW)
21. Water Service Connection. Prior to the issuance of a building permit, the
project applicant shall construct and complete any required water service
connections that are adequate to provide the necessary water demand for
domestic, fire protection, and irrigation/landscaping improvements. These
connections shall be subject to the submission, review, and approval of
civil improvement plans and the irrigation/landscape plans. The domestic,
fire protection, and irrigation facilities shall be designed in accordance with
the City of San Juan Capistrano's Water Standards and Specifications,
and the Municipal Code § 9-3.617 (Water Conservation Landscape). (PW)
22. Backflow Prevention Devices. Prior to the issuance of a building permit,
the project applicant shall construct and complete any existing water
services, fire services, and backflow devices that are not in compliance
with current regulations. Any noncompliant item must be amended and/or
reconstructed to be in compliance with the City's standard specifications,
ordinances, and department of health regulations. (PW)
23. Final Plans. Prior to issuance of building permits, six copies of Final
Landscape Plans and elevations shall be submitted to the Planning
Department for review by the Design Review Committee. Final Landscape
Plans shall show the following information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material for the new
Los Rios entrance. Proposed landscaping shall incorporate water
conservation techniques and drought resistant, native plants
compatible with the character of the Historic District.
b. All trees on site to be removed and retained. Any future tree removals
shall comply with the City's Tree Removal Permit requirements.
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 6 of 10
c. Any required backflow devices and utility pedestals which shall be
located so as to be visually inconspicuous, or screened with
landscaping.
d. Design details for the proposed trash enclosure, which shall be
finished with wood on the exterior walls and gates to be compatible
with the architecture of the site.
e. Design details for the gate at the Los Rios Street pedestrian entrance
structure, which shall be a simple wrought iron or wood design. The
location of the entrance structure shall be revised to be on private
property instead of public right-of-way.
24. Final Photometric Plans. Prior. to issuance of building permits, a Final
Photometric Plan for any proposed new light fixtures shall be submitted to
the Planning Department for review by the Design Review Committee
(DRC). Plans shall include the following information and requirements:
(PLN)
a. Show the location of any new decorative light standards and fixtures,
including building -mounted light fixtures and to illuminate the areas
accessible to members of the public, and the proposed illumination
levels of these lights, extending ten (10) feet beyond the property line.
b. Demonstrate that illumination shall not create off-site light and glare.
c. Maximum permitted new luminaire height shall be 15 feet.
d. The minimum permitted illumination on-site shall be 0.25 -foot candies
and the maximum illumination shall be 0.5 -foot candles for the Historic
Residential portion of the site. The maximum illumination within the
Historic Commercial portion of the site shall be 1.0 -foot candles.
e. Exterior lighting shall be reduced to the extent feasible during hours that
the business is not in operation.
25. Building 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 for all previously un -permitted built structures and
proposed new structures. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Cultural
Heritage Commission, Planning Commission, Design Review Committee,
Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1 Final Conditions of Approval
Project # SPR 06-01, Zoomars Date: September 6, 2006
Page 7 of 10
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. The plans shall show the proposed colors for each wooden building
and structure from the approved color palette as follows:
a. Olivares House — Bryant Gold with Aztec Brick and Montpelier
Palmetto Green trim
b. Olivares Accessory building ("Resident's Cottage") — Cottage
Red with Arizona Tan trim
c. Barn covered area — Cottage Red
d. Restroom, trash enclosure, shade canopies, bird cages —
Mclted Chocolate
e. Fences/pens — Arizona tan
f. Accessory buildings or structures may be left in, or finished in, a
natural wood stain and allowed to weather with age to be
consistent with the vernacular architecture of the site and
Historic District.
c. Location of all new 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, complementary to the site
architecture and compatible with the Historic District.
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.
26. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Construction Debris Recycling Plan
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 8 of 10
27. 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)
28. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 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)
29. *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.
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)
30. *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
*Denotes Environmental Mitigation Measure
Resolution # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 9 of 10
evidence of human remains is discovered, the Native American monitor
shall verify that the archaeologist has notified the Coroner. (PLN)
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:
31. Complete all Improvements to the City'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)
32. Solid Waste Reduction/Recycling Management Program. Prior to approval
of final inspection of each phase, the project applicant shall coordinate
with City staff and implement an adequate Solid Waste
Reduction/Recycling Management Program for the project site. Features
of the program shall include, but not be limited to: 1) distribution of
separate receptacles for recyclables, trash and animal waste throughout
the project site; 2) separate dumpsters/receptacles for recyclables, trash
and animal waste; 3) signs posted near all receptacles conveying
information regarding recyclable materials; and 4) sorting of trash
collected throughout the project site by facilities staff prior to dispensing in
dumpsters. Applicant shall maintain trash and recycling containers as part
of the solid waste maintenance as long as the project is operational.
(PLN/ENG)
33. Consistency 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,
landscape/irrigation plans, lighting plans, and elevations. (PLN)
34. 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)
35. Final Planning 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 # CHC 06-9-6-1
Project # SPR 06-01, Zoomars
Final Conditions of Approval
Date: September 6, 2006
Page 10 of 10
balance in the Developer Deposit Account assigned to this application.
(PLN)
36. Gates. Entrance and exit gates shall be equipped with an entry system
approved by the Fire Department. Gate widths shall be not less than
twenty (20) feet. Entrance gates shall be operated by a punch pad
capable of accepting a separate Fire Department code, and an 'opticom'
compatible gate operation system. The gate operation shall provide for
periods of power outage. (OCFA)
37. *WQMP Sand Filter Installation. Prior to approval of the final inspection
and commencement of the use approved with the Conditional Use Permit,
the sand filter shall be installed and completed to the satisfaction of the
Engineering and Building Department. (ENG)
The following ongoing conditions shall be complied with at all times after
completion of the project.
38. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
39. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
40. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (PLN)
41. *WQMP Compliance. The project shall comply with the Operations and
Maintenance Plan of the approved Water Quality Management Plan for
the duration of the use at the site. (ENG)
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: September 6, 2006
Resolution No.: CHC 06-9-6-1
Effective Date: Same as CUP 06-01, ZV 06-07
*Denotes Environmental Mitigation Measure