CHC Resolution-08-07-29-02CHC RESOLUTION NO. 08-7-29-2
SITE PLAN REVIEW 08-001
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO CONFIRMING ISSUANCE OF CATEGORICAL EXEMPTION AND
APPROVING' THE USE OF THE CONGDON HOUSE FIRST FLOOR AND GROUNDS
FOR PUBLIC EDUCATIONAL EXHIBITS AND DISPLAYS ON SUSTAINABLE
AGRICULTURE, ECOLOGICAL DESIGN AND LOCAL HISTORY LOCATED AT 32701
ALIPAZ STREET AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL
NUMBER 121-190-57. (ECOLOGY CENTER SAN JUAN CAPISTRANO)
Whereas, Evan Marks, 15 Belmont, Newport Beach, CA 92660 requests
approval for use of the historic Joel Congdon House first floor and grounds for educational
exhibits and displays to the general public on sustainable agriculture, ecological design and
the history of San Juan Capistrano located at 32701 Alipaz Street, San Juan Capistrano,
CA 92675, APN 121-190-57; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Community Development Department has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued
a Class 31 categorical exemption and will cause a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines; and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission has considered the
environmental determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and,
Whereas, on July 29, 2008, the Cultural Heritage Commission conducted a
duly noticed public meeting pursuant to Sections 9-2.327 and 9-2.339 of the Municipal
Code 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:
The proposed project the project complies with the maps and policies of the
General Plan because:
A. The use is accessory to, and will not have an adverse impact on, the primary
agricultural use of the site.
B. Physical changes and enhancements to the surroundings of the Congdon
House are compatible with the historic character of the site.
CHC Resolution 08-7-29-2 2 July 29, 2008
2. The proposed project complies with applicable provisions of the Land Use Code and
with any applicable Specific Plan or comprehensive development plan subject to the
conditions of approval contained in this resolution, because:
A. The proposed project complies with the Agri -Business (A) zone regulated
under the provisions of SP 85-01, Kinoshita Farm which allows for accessory
compatible uses to the primary agricultural production use at the site. The
use would be categorized as a service organization use accessory to the,
farm.
B. The number of parking spaces, dimensions, and drive aisle widths are all
consistent with City standards in the Land Use Code; setback and height
issues are not applicable to the project
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, parking, colors, materials, paving, lighting, signage
and landscaping are compatible with the historic nature of the site, surrounding
district and/or historic period represented by the landmark because
A. There are no issues affecting building orientation, placement, massing,
lighting or colors.
B. The proposed access, parking, materials, paving, lighting and landscaping
are compatible with the historic nature of the site because they continue the
use of informal gravel, native and California friendly plants and trees, and
elements compatible with the historic period represented by the Congdon
House in conjunction with the interpretive qualities of the use
4. The project has been designed in conformance with the Secretary of the Interior's
Standards for Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings (1995, Weeks and
Grimmer), because:
A. The Rehabilitation project proposes a viable new use that will require minimal
changes to the historic residential use of the house.
B. Certain ground -disturbing activities will require archaeological monitoring in
certain circumstances.
C. The project will have minimal impact on historic fabric, is compatible with the
existing historic character, and is reversible.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby confirm issuance of
a categorical exemption and approves the project subject to the conditions of approval
contained in Exhibit "A" attached hereto and incorporated herein; and,
CHC Resolution 08-7-29-2 3 July 29, 2008
FURTHER, the Cultural Heritage Commission hereby recommends that the
project be forwarded to the Planning Commission for approval of the conditional use
permit; and
FURTHER, the Cultural Heritage Commission hereby recommends approval
to the Community Development Director of the ADA improvements necessary to support
the project through implementation of the City's Capital Improvement Program Project No.
452.
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 (conditional use permit). 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 eventthat 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.
The appeal period shall expire at the close of regular City Hall business hours
on Wednesday, August 13, 2008. This project approval shall be valid for the same period
of time as the conditional use permit. A time extension request or subsequent permit
applications related to this discretionary approval must be submitted to the City prior to that
date.
PASSED, APPROVED AND ADOPTED this 29th day of July, 2008, by the
following vote, to wit:
AYES: Commissioners Siegel, Tryon, Vice -Chair Banda and Chair Nunez
NOES: None
ABSTAIN: None
ABSENT: Comm
Teri Delcamp, Historic Preservation Manager,
Commission Secretary
RESOLUTION #: 08-7-29-2
EXHIBIT A
CULTURAL HERITAGE COMMISSION CONDITIONS OF APPROVAL
Project #: SPR 08-001 Project Name: Ecology Center San Juan Capistrano
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
July 29, 2008
Same as CUP 08-003
Same as CUP 08-003
These conditions of approval apply to the Ecology Center San Juan Capistrano (SPR 08-
001) to allow educational displays and exhibits at the historic Joel Congdon House ground
floor and immediate surroundings located at 32701 Alipaz 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 Community Development Department along with the required
application and fee, for review. For the purpose of these conditions, the term "applicant"
shall also mean the site licensee or any successor(s) in interest to the terms of this
approval.
1. SPR 08-001 is granted to allow educational displays and exhibits .at the
historic Joel Congdon House ground floor and immediate surroundings
located at 32701 Alipaz Street, generally located 300 feet north of the
intersection of Alipaz Street and Camino Del Avion (APN 121-190-57). This
approval is granted based on the application materials submitted by Evan
Marks received by the City on or after June 17, 2008. 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 Community
Development 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 Community Development
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 request
(conditional use permit) and shall expire consistent with the expiration date of
the associated discretionary approval 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 Community Development
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
Community Development 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 #08-7-29-2 Final Conditions of Approval
Project # SPR 08-001, Ecology Center SJC Date: July 29, 2008
Page 2 of 5
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 Community
Development 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. This approval is contingent upon the concurrent approval of CUP 08-003,
and shall become null and void upon denial of or 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 approval by
the Planning Division and Building Division.
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 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.
Resolution #08-7-29-2 Final Conditions of Approval
Project # SPR 08-001, Ecology Center SJC Date: July 29, 2008
Page 3 of 5
10. The project shall comply at all times with the executed license agreement
between the City and San Juan Family Farm Museum or successor licensee
for the use of the Joel Congdon House and grounds. (PLN)
11. All fixtures and methods for displays shall be removable and shall not harm
existing historic materials to the satisfaction of the Historic Preservation
Manager. All operations shall ensure continuing compliance with the
Secretary of the Interior's Standards for the Treatment of Historic Properties
so as to preserve the integrity and National Register of Historic Places listing
of the Joel Congdon House and site. (PLN)
The following conditions of approval shall be met prior to issuance of building
permits or commencement of work for the project:
12. Archaeological Monitoring_ The applicant shall submit to the Planning
Department documentation that a qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County) has
been retained to monitor site clearing, grading, and excavation activities,
stating the name, qualifications, and contact information for the
archaeologist. (PLN)
13. Historic Depiction Program Plan. Ten copies of the final historic depiction
program including wording and images and sufficient information for review,
shall be submitted to the Historic Preservation Manager for review and
approval of the Cultural Heritage Commission pursuant to City Council Policy
606. Prior to issuance of a Certificate of Occupancy, the Historic Depiction
Program (HDP) shall be installed and inspected for compliance with the
approved design. The proposed historic timeline shall serve as the HDP for
the project. (PLN)
14. Surety for Tree Preservation. The applicant shall provide surety in the form of
a bond or other method as approved by the Community Development
Director and City Attorney, to ensure that trees to be preserved and/or
planted on the site are protected during construction and remain viable and
healthy for twenty-four (24) months after issuance of a final certificate of
occupancy. (PLN)
15. Archaeological Monitor. A qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County) shall
be retained by the project applicant 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
Resolution #08-7-29-2 Final Conditions of Approval
Project # SPR 08-001, Ecology Center SJC Date: July 29, 2008
Page 4 of 5
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.
Monitoring is required for any depth of ground disturbing activities associated
with the project, with the exception of the previously disturbed agricultural
area designated for the California Heritage demonstration garden where only
activities extending deeper than 18" shall be monitored. 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)
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:
16. 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)
17. .Final Cultural Resource Reports. Prior to final inspection by the Community
Development Department, the applicant shall submit evid
reports for any historical, cultural, archaeological resources
the project site during grading or construction have been
appropriate information repository. Reports shall include
disposition of resources. (PLN)
Responsible Agencies: B&S: Building and Codes Division
ENG: Engineering Division
PLN: Planning Division
PW: Public Works Department
OCFA: Orange County Fire Authority
ence that final
recovered from
filed with the
information on
Resolution #08-7-29-2
Project # SPR 08-001, Ecology Center SJC
Date of Approval: July 29, 2008
Resolution No.: 08-7-29-2
Effective Date: Same as CUP 08-003
Applicant Acceptancq of Conditions of Approval:
Applicant Signature
By: r-vz,,n M ,. fks
Applicant Name
Its: L—Xec.0 A,Je
Title
Final Conditions of Approval
Date: July 29, 2008
Page 5 of 5
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