CHC Resolution-08-05-29-01CHC RESOLUTION NO. 08-5-29-1
SITE PLAN REVIEW 07-001
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO APPROVING A MITIGATED NEGATIVE DECLARATION AND THE
INSTALLATION OF LANDSCAPE, HARDSCAPE, AND ACCESSORY STRUCTURES
LOCATED ADJACENT TO THE PRIESTS' RESIDENCE AT THE MISSION SAN JUAN
CAPISTRANO AT 26801 ORTEGA HIGHWAY MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBER 124-180-06. MISSION RECTORY GARDEN
Whereas, on July 19, 2007, the City of San Juan Capistrano issued a Stop
Work Notice at Mission San Juan Capistrano located at 26801 Ortega Highway for un -
permitted construction of structural, electrical, plumbing and piping work in the project area;
and
Whereas, on July 19, 2007, the City of San Juan Capistrano transmitted a
letter to Mission San Juan Capistrano detailing the remedies required to address the Stop
Work Order, including the requirement for submittal of a site plan review application in
accordance with Section 9-2.327 of the City Land Use Code; and
Whereas, on August 27, 2007, a site plan review application was filed by
Mission San Juan Capistrano, 26801 Ortega Highway, San Juan Capistrano, CA 92675;
and
Whereas, pursuant to Section 15063 and 15064 of the California
Environmental Quality Act (CEQA) Guidelines, the Planning Department prepared an initial
study; 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 CEQA; and all mitigation measures have been included herein; and
Whereas, the Cultural Heritage Commission has considered the
environmental determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission conducted a noticed public
meeting on October 9 and November 27, 2007, and January 22, March 25 and May 29,
2008, pursuant to the provisions of Title 9, Land Use Code, Section 9-2.339, Administrative
Policy 409, and Planning Department Policy 510 to consider public input 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:
CHC Resolution 08-5-29-1 2 May 29, 2008
The project is consistent with the General Plan Cultural Resources,
Conservation and Open Space, and Land Use Elements because:
(a) The project is consistent with the General Plan Land Use Element
Public & Institutional land use designation because it is consistent
with the existing use of the site.
(b) The project, as conditioned to be modified in accordance with
mitigation measures, will be compatible with the historic character and
contemplative nature of the historic cemetery and will ensure its future
preservation and protection.
2. The project complies with all applicable provisions of Title 9 of the San Juan
Capistrano Municipal Code because the project meets all development
standards of the Public & Institutional zoning district except the side yard
setback standards for two of the structural elements: the fireplace and the
kitchen counter. These two elements are required to be removed by the
mitigation measures, thus the project will comply with all setback standards.
3. The project is consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Properties because:
(a) The project, as conditioned to be modified in accordance with
mitigation measures, is consistent with Standards 1, 2, 3 and 9 of the
Rehabilitation standards and Standards 4, 5, 6 and 7 do not apply.
(b) The project is not consistent with Standards 8 and 10 of the
Rehabilitation standards, but appropriate mitigation measures are
included to reduce impacts to a less than significant level with respect
to archaeological resources.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage of the City of San Juan Capistrano does hereby approve a mitigated negative
declaration and approves the project 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 final following expiration of the fifteen (15) day appeal period without filing of an
appeal application. The appeal period shall expire at 5:00 pm, Friday, June 13, 2008.
Building permits and related work to implement the mitigation measures shall be
undertaken in accordance with the time frames established in the conditions of approval
contained in Exhibit "A".
CHC Resolution 08-5-29-1 3 May 29, 2008
PASSED, APPROVED AND ADOPTED this 29th day of May, 2008, by the
following vote, to wit:
AYES: Commissioners Porter, Siegel and Chair Tryon
NOES: None
ABSTAIN: Commissioner Banda and Vice Chair Nunez
ABSENT: None
Don Tryon, Chair
e
Teri Delcamp, Historic Preservation Mana er, Secretary
RESOLUTION #: 08-5-29-1
EXHIBIT A
CULTURAL HERITAGE COMMISSION CONDITIONS OF APPROVAL
Project #: SPR 07-001
Project Name: Mission Rectory Garden
APPROVAL DATE:
May 29, 2008
EFFECTIVE DATE:
June 14, 2008
EXPIRATION DATE:
N/A
These conditions of approval apply to Site Plan Review (SPR) 07-001, Mission Rectory
Garden. 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.
SPR 07-001 proposes approval for partially constructed modifications to a
historic site including but not limited to installation of landscape, hardscape,
and accessory structures adjacent to the priests' residence (Rectory) in the
area north of the Serra Gate and the wall defining the north end of the
publicly accessible cemetery at the Mission San Juan Capistrano located at
26801 Ortega Highway (APN 124-180-06). This project approval is based on
and subject to the application materials submitted by Mission San Juan
Capistrano on August 27, 2007, which were re -submitted and deemed
complete on April 16, 2008, including the following: site plan, tree plan,
elevations, details and landscape plans prepared by Mike Imlay date-
stamped as received on January 15, 2008; and Site Plan Review
Assessment prepared by Architectural Resources Group, Inc. on April 16,
2008 with an attached historic report prepared by Chambers Group, Inc., on
December 18, 2007, and any other plans. These plans are hereby
incorporated by reference into this approval as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by the
affected city departments. Minor modifications to this project approval may
be approved by the Planning Director pursuant to Section 9-2.303,
Administrative Approvals of Title 9, Land Use Code.
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
Resolution #08-5-29-1 Final Conditions of Approval
Project # SPR 07-001, Mission Rectory Garden Date: May 29, 2008
Page 2 of 5
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, Cultural Heritage Commission, or Planning
Director. 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. The applicant is responsible for paying required fees to the California
Department of Fish and Game, and any related fee of the County of Orange
for processing environmental documents.
7. 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)
8. *All further work within the project area including removal of turf and removal
of fireplace and kitchen counter shall be monitored by an archaeological
monitor, under the supervision of a qualified archaeologist certified by the
County of Orange, and by a Native American observer. The Native American
monitor shall consult with the archaeological monitor regarding any objects
and remains encountered during the work that may be considered sacred or
important. In accordance with City Council Policy #601, the City shall be
notified immediately upon the discovery of significant archaeological
resources. In the event that human remains are discovered, work 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 and the Native American monitor shall verify that the
archaeologist has notified the Coroner. (PLN)
9. 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)
i *Denotes Environmental Mitigation Measure
Resolution #08-5-29-1 Final Conditions of Approval
Project # SPR 07-001, Mission Rectory Garden Date: May 29, 2008
Page 3 of 5
10. Within 30 days of the effective date of this Resolution, the applicant shall
have submitted complete permit applications necessary for all elements of
the project that require such permits. Failure to comply with this condition
shall immediately render this approval null and void, and shall result in the
matter being forwarded to the City Prosecutor. Construction drawings,
landscape plans and any other applicable plans required in support of said
applications shall be fully dimensioned, shall be in substantial conformance
with the plans approved by the Cultural Heritage Commission as modified to
implement the mitigation measure requirements, and shall show the following
(PLN):
a. *All above -ground portions of the fireplace and kitchen counter features
shall be removed down to the top of their respective foundations so as to
cause no ground disturbance. The removal of the fireplace and kitchen
counter features' shall be conducted in such a manner so that the
remaining foundations meet California Building Code standards for
health, safety and welfare. r
b. *Said foundations may be covered with an appropriate material (soil,
decomposed granite, potted plants, etc.).
C. *The turf shall be removed -in a manner that causes the least disturbance
to the ground and may be replaced with a drought tolerant turf,
decomposed granite or other native or California -friendly species
approved by the City. (original condition language amended by CHC 5/29/08)
d. *No additional ground disturbance shall be allowed for any project items
not yet installed — such as tree, shrub or other planting in the ground,
further utility lines, in -ground light fixtures, etc., with the exception of work
required to comply with these conditions of approval. Trees to be added
to the project shall be installed in above -ground planter boxes in
substantially the locations shown on the landscape plan.
e. The bougainvillea ("BV) shown staked adjacent to existing walls where
those walls are constructed of adobe shall be deleted.
11. Within 180 days of the issuance of the first permit from the Building
Department for this project, the applicant shall have completed all work to
implement the mitigation measures and shall have obtained approval of a
final inspection. Failure to comply with this condition shall immediately render
this approval null and void, and shall result in the matter being forwarded to
the City Prosecutor. (PLN)
12. *Water delivery systems shall be programmed to be as efficient as possible.
and shall avoid over -watering, thereby protecting archaeological resources
1 Typographical error corrected (inserted "features" to replace "foundations")
*Denotes Environmental Mitigation Measure
Resolution #08-5-29-1 Final Conditions of Approval
Project # SPR 07-001, Mission Rectory Garden Date: May 29, 2008
Page 4 of 5
and adobe foundations. Prior to approval of the final inspection, the applicant
shall schedule a separate inspection with the City's Water Conservation
Coordinator to review the operation of the irrigation system to ensure the
intent of this condition is met. (PLN) (original condition language amended by
CHC 5/29/08)
13. *Within one year of the effective date of this Resolution, the Mission shall
submit for review and obtain the approval of the Cultural Heritage
Commission for an interpretive tool (which could include but is not limited to a
monument, or plaque, and/or enhanced audio tour or other tool) located
within the project area that appropriately commemorates the area as a
cemetery. (PLN) (original condition language replaced by CHC 5/29/08)
14. *As volunteered by the applicant, and accepted by the City, the Mission will
work with members of the public wishing to visit ancestors that may be buried
in the cemetery, to set visitations by appointment, as reasonable and
requested for with reasonable advance notice. This opportunity for access
presently exists and this is not a change in policy. However, to date access
has not been requested of the current Mission administration. Should it be
requested, Mission staff will work accordingly for the benefit of the
community. Specifically, the applicant commits to having the date of
December 8, each year, as an access opportunity to the rectory garden area
with such hours of access posted and publicized by the Mission in its bulletin.
(PLN) (original condition language amended by CHC 5/29/08)
15. *Within 60 days following approval of the final inspection, the applicant shall
submit final reports to the City and to the South Central Coastal Information
Center for any historical, cultural, or archaeological resources recovered from
the project site during the work and shall provide evidence that the report has
been filed with the appropriate information repository. Reports shall include
information on disposition of resources. (PLN)
16. *In the event that the fireplace and kitchen counter elements are approved to
remain in accordance with the site plan review findings, and in the event that
no evidence is submitted to the satisfaction of the City to show that these two
elements are outside the required side yard setback, then the applicant shall
submit a variance application that is sufficient to be deemed complete by the
City within 45 days of the effective date of this Resolution. (In the event the
survey provides evidence to the satisfaction of the City that the side property
line is located such that the elements do not encroach into the side setback,
then this mitigation measure shall be null and void.) (PLN)
17. *No modifications to the project beyond what is specifically approved shall be
undertaken without prior City approval. (PLN)
*Denotes Environmental Mitigation Measure
Resolution #08-5-29-1
Project # SPR 07-001, Mission Rectory Garden
Responsible Agencies: B&S:
PLN:
Date of Approval: May 29, 2008
Resolution No.:
Effective Date
08-5-29-1
June 14, 2008
Final Conditions of Approval
Date: May 29, 2008
Page 5 of 5
Building and Safety
Planning, Community Development Department
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*Denotes Environmental Mitigation Measure