CHC Resolution-11-05-24-01CHC RESOLUTION NO. 11-5-24-1
SITE PLAN REVIEW 10-002
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION AND APPROVING SITE PLAN REVIEW 10-002 FOR
MODIFICATIONS TO MISSION SAN JUAN CAPISTRANO'S MAIN ENTRY
LOCATED AT 26801 ORTEGA HIGHWAY AND MORE PRECISELY REFERRED TO
AS ASSESSORS PARCEL NUMBER (MISSION SAN JUAN CAPISTRANO GATE
HOUSE PRESERVATION, ENTRY AND GIFT SHOP)
Whereas, on November 4, 2010, an application was submitted and
deemed complete on April 13, 2011, by Matt McKinlay, Barnard Ventures, 5100 Birch
St. Ste 100, Newport Beach, CA 91660, for approval to allow removal of an existing
circa 1954-56 entry gate, arch and ticket area with circa 1998-2001 additions;
construction of new entry gate and arch to reference the circa 1920 arch appearance;
and relocation of existing gift shop use from 1650 SF historic Sala building into a new
15' high, 1750 SF single story building that encroaches into the required front setback,
including a 370 SF interior storage mezzanine and a small section of roof that is 18'-0"
high, with entrances fronting the street at 26801 Ortega Highway (APN 124-180-06).
The project also includes: adjacent new ticket/work area; electrical room; a new group
entry gate; repair and rehabilitation of existing circa 1916 gate house; removal of
approximately 126 lineal feet of circa 1952 and re -built 1997 perimeter wall sections;
removal of 3 existing trees; addition of landscape planters, seat walls, benches and
hardscape; lighting; and signage; and,
Whereas, the proposed project has been processed pursuant to Section
9-2.301, Development Review of the Land Use Code; and,
Whereas, the Development Services Department has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and has
prepared an initial study pursuant to Section 15063 of the CEQA Guidelines. Pursuant
to Section 15070 of the CEQA Guidelines, the Development Services Department has
issued a mitigated negative declaration and caused a Notice of Mitigated Negative
Declaration to be posted pursuant to Section 15072 of the CEQA Guidelines. All
mitigation measures have been included herein as conditions of approval. The
Development Services Department 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,
CHC Resolution 11-5-24-1 2 May 24, 2011
Whereas, the Cultural Heritage Commission conducted a noticed public
hearing on May 24, 2011, pursuant to the provisions of Title 9, Land Use Code,
Sections 9-2.327 and 9-2.302(f), 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 project complies with the maps and policies of the General Plan
because:
a. The project is consistent with the General Plan Land Use Element
Public & Institutional land use designation because it does not alter the
existing uses of the site.
b. The massing, design, materials, and pedestrian orientation of the
project meet the objectives of the Community Design Element and
implementing Architectural Design Guidelines through its high-quality
and human scale design that complements the City's traditional,
historic character; its low scale and pedestrian -oriented character
which is situated adjacent to the street and provides appropriate
access and visibility; its compatible materials that will blend with the
historic character of the site and the surrounding downtown
commercial area; and its retention and enhancement of views to the
Great Stone Church and the upper portions of other Mission buildings
from numerous public vantage points.
c. The project is designed to respect and preserve the historic character
of the site, including the gate house and Sala buildings, and to protect
or mitigate any potential impacts to historic and archaeological
resources, thereby complying with the Cultural Resources Element
goals and policies.
2. The project complies with applicable provisions of the Land Use Code
because:
a. The project complies with all development standards and the list of
uses for the Public and Institutional zone district designation and
supplemental zoning standards, with the exception of a five foot front
yard setback where 20 feet is required, and the removal of three trees.
b. The Land Use Code provides for deviations from development
standards for non-residential properties through approval of a zone
variance application. The Land Use Code also provides for removal of
trees through approval of a tree removal permit.
CHC Resolution 11-5-24-1 3 May 24, 2011
c. The project includes applications for a zone variance and tree removal
requests to address these aspects of the project. Approval of those
requests by the Planning Commission will meet this particular finding
for approval of the Site Plan Review application.
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, and/or historic period represented by the landmark because:
a. The project is proposed in an area of the Mission site that has been
used historically as the primary public interface area for visitors. As
such, a pattern of modifications has been established within the project
area, while still retaining the historic character of the site and the
project continues in that vein.
b. The architectural design of the project is compatible with the historic
character of the site and project components are compatible with the
historic nature and period of the landmark.
i. The project's new entry arch will reference the earlier historic 1920s
arch design.
ii. The historic gate house will be restored and incorporated into the
project.
iii. The proposed materials, colors, lighting, paving finish, and
landscape are compatible with the existing materials and character
of the Mission.
c. The project allows for less intensive use and continued preservation of
the historic Sala building by relocating the gift shop use out of the
building.
d. Accessibility is provided through the main entry, entry to the gift shop
and group/disabled entry.
e. Because the uses already exist on the site, which is primarily accessed
by pedestrians and visitors already within the downtown area, the
project is not an intensification of the site and does not require parking
4. The project has been designed in conformance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties with
Guidelines for Rehabilitating Historic Buildings (1995, Weeks and
Grimmer) because:
CHC Resolution 11-5-24-1 4 May 24, 2011
a. The project is compatible with, and yet differentiated from, the existing
buildings, features, materials and character of the historic Mission.
b. Character -defining features and the integrity of the historic gate house
are being restored and preserved by the project and preservation of
the Sala building is ensured indirectly by the project.
c. The footprint of the project protects and preserves the important
spaces and spatial relationships that are a distinctive aspect of the
Mission's historic character.
d. Only non -historic walls and building sections that do not characterize
the historic significance of the Mission will be removed.
e. Any existing sub -surface archaeological and cultural resources will be
protected or adequately mitigated if disturbed.
f. The project will allow the Mission to continue to convey its historic
significance.
g. The Mission will continue to retain its essential character and will still
be easily identifiable as the Mission San Juan Capistrano.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby recommend
approval of a mitigated negative declaration and approves SPR ' 10-002 subject to the
conditions of approval contained in Exhibit "A" attached hereto and incorporated herein
and subject to final approval of the project by the Planning Commission.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby forward the
project to the Planning Commission for approval of the architectural control, zone
variance and tree removal permit.
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 associated
discretionary entitlements (Architectural Control 10-036, Zone Variance 11-001 and
Tree Removal Permit 11-014). The appeal period for SPR 10-002 shall expire at 4:30
pm on Wednesday, June 8, 2011. In the event the Planning Commission final action on
the associated discretionary entitlements, or City Council final action on any appeal,
would result in denial of any of the applications, this project approval shall become null
and void. In the event that action by the Planning Commission, or City Council by
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. This project approval shall become effective upon the date of final approval for
Architectural Control 10-036, Zone Variance 11-001 and Tree Removal Permit 11-014
CHC Resolution 11-5-24-1 5 May 24, 2011
and shall be valid for the same period, and shall expire on the same date, specified for
the associated approvals. A time extension request or subsequent permit applications
related to this discretionary approval must be submitted to the City prior to the expiration
date.
PASSED, APPROVED AND ADOPTED this 24th day of May, 2011, by the
following vote, to wit:
AYES: Commissioner Siegel, Vice Chair Tryon and Chair Porter
NOES: None
ABSTAIN: Commissioner Banda
ABSENT: Commissioner DeHaan
Lorie Porter, Chair
Teri Delcamp, Historic Preservation Manager,
Commission Secretary
RESOLUTION #: 11-5-24-1
EXHIBIT A
CULTURAL HERITAGE COMMISSION CONDITIONS OF APPROVAL
Project #: SPR 10-002
Project Name: Mission San Juan Capistrano Gate House Preservation, Entry
and Gift Shop
APPROVAL DATE: May 24, 2011
EFFECTIVE DATE: Effective Date for AC 10-036/ZV 11-001/TRP 11-014
EXPIRATION DATE: Expiration Date for AC 10-036/ZV 11-001/TRP 11-014
These conditions of approval apply to SPR 10-002, Mission San Juan Capistrano Gate
House Preservation, Entry and Gift Shop, to allow modifications to a historic site including
but not limited to preservation of the historic gate house and construction of a new entry
gate, reconstructed arch, group entry and gift shop located at 26801 Ortega Highway (APN
124-180-06). Any proposed change of use or expansion of the area or modifications to the
site plan or structures shall be submitted to the City Development Services 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.
1. The subject project allows for removal of an existing circa 1954-56 entry
gate, arch and ticket area with circa 1998-2001 additions; construction of
new entry gate and arch to reference the circa 1920 arch appearance; and
relocation of existing gift shop use from 1650 SF historic Sala building into a
new 15' high, 1750 SF single story building that encroaches into the required
front setback, including a 370 SF interior storage mezzanine and a small
section of roof that is 18'-0" high, with entrances fronting the street; adjacent
new ticket/work area; electrical room; a new group entry gate; repair and
rehabilitation of existing circa 1916 gate house, removal of approximately
126 lineal feet of circa 1952 and re -built 1997 perimeter wall sections;
removal of 3 existing trees; addition of landscape planters, seat walls,
benches and hardscape; lighting; and signage at the Mission San Juan
Capistrano located within a 0.25 acre project area 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
November 4, 2010, which were re -submitted and deemed complete on April
13, 2011, including but not limited to the following plans date-stamped as
received on March 24, 2011: site plan, floor plan, elevations, visual
simulation and front gate history plan prepared by Lohrbach Studio;
preliminary site topography plan prepared by Transtech; conceptual
landscape plan prepared by Land Concern; Mission San Juan Capistrano
Gate House Building Circa 1916 Conditions Assessment Report, prepared by
Sam U'Ren, Mission San Juan Capistrano Preservation Project Manager,
January 2011; Mission San Juan Capistrano South Wing Conditions
*Denotes Environmental Mitigation Measure
Resolution #11-5-24-1
Project # SPR 10-002, Mission SJC Gate House
Preservation, Entry and Gift Shop
Final Conditions of Approval
Date: May 24, 2011
Page 2 of 5
Assessment Report, prepared by ARG, July 2006; and Gift Shop Moisture
Investigation Report for Mission San Juan Capistrano, prepared by ARG,
February 2007; color and materials exhibit date-stamped as received on
January 7, 2011, 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 Development Services 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
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, Cultural Heritage
Commission, or Development Services 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 subsequent approval of Architectural
Control 10-036/Zone Variance 11-001/Tree Removal Permit 11-014, and
shall become null and void upon denial of said entitlements or upon the
expiration of said entitlements if approved.
7. _ 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.
*Denotes Environmental Mitigation Measure
Resolution #11-5-24-1 Final Conditions of Approval
Project # SPR 10-002, Mission SJC Gate House Date: May 24, 2011
Preservation, Entry and Gift Shop Page 3 of 5
8. The project 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.
9. All applicable approvals and clearance from other departments and agencies
shall be on file with the Building Division prior to issuance of any permits,
final inspections, utility releases and/or release of securities, as specified in
these conditions. (DSD)
10. Applicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes.
(DSD)
11. Restoration and rehabilitation of the gate house shall be completed in
accordance with the findings and recommendations of the Mission San Juan
Capistrano Gate House Building Circa 1916 Conditions Assessment Report.
Restoration plans for the gate house may be submitted concurrent with the
gift shop permit plans or as part of a separate permit if the work will be
conducted by a different contractor or by Mission personnel. However, any
work to or around the gate house that is necessitated by the new
construction project shall be included with the new construction plans and
permit. Unless otherwise approved by the Development Services Director, no
Certificate of Occupancy shall be issued for the new gift shop until the final
inspection for the historic gate house has been approved by the City. (DSD)
12. The applicant shall obtain the services of a qualified archaeologist (certified
by the County of Orange) to prepare a research design and plan for
archaeological testing in the project area south and southeast of the fountain
between the fountain and the pergola. The plan shall be submitted for
approval of the Development Services Department prior to submittal of plans
for demolition, grading, foundation and construction permits. The testing itself
and a final report shall be completed prior to issuance of a grading permit.
Recommendations of the final report shall be incorporated into the project.
(DSD)
13. Prior to submittal of building demolition permit plans, the building area square
footage calculations shall be corrected to accurately reflect the extent of
planned demolition. No demolition permit will be issued until any
discrepancies in, or clarification of, square footage calculations are resolved
to the satisfaction of the Development Services Director or designee. Any
modification to the project that results in the demolition of existing features or
improvements that are not contemplated within this analysis shall be subject
to additional discretionary review and CEQA analysis. (DSD)
*Denotes Environmental Mitigation Measure
Resolution #11-5-24-1 Final Conditions of Approval
Project # SPR 10-002, Mission SJC Gate House Date: May 24, 2011
Preservation, Entry and Gift Shop Page 4 of 5
14. Prior to issuance of building demolition, grading or foundation permits, the
applicant shall prepare and submit a structural assessment required to
develop a gate house stabilization plan that is consistent with the Secretary
of the Interior's Standards for the Treatment of Historic Properties. The City
anticipates that preparation of the plan may necessitate a 1 X 1 meter or
similar excavation unit(s) on the south side of the gate house (once the
perimeter wall is removed in that area) to assess the composition and
condition of the building's foundation and to allow for preparation of
appropriate structural recommendations. The unit(s) shall be excavated by a
qualified archaeologist (defined as an archaeologist certified by the County of
Orange) or an archaeologist under the supervision of a "qualified
archeologist" and shall be observed by a Native American monitor. (DSD)
15. Prior to issuance of a grading permit, the applicant shall submit to the
Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) has been retained to monitor grading and
excavation activities and to implement any recommendations of the
archaeological testing report, stating the name, qualifications, and contact
information for the archaeologist. (DSD)
16. Prior to issuance of building permits for construction of the gift shop building
or restoration of the gate house, whichever occurs first, the City will review
the submitted historic gate house stabilization plan for determination of
consistency with the Secretary of the Interior's Standards for the Treatment
of Historic Properties. Depending on the scope and nature of the proposed
plan, the City reserves the right to retain a third party architect and/or
structural engineer familiar with historic adobe construction techniques and
restoration to conduct a peer review at the applicant's expense. Any proposal
that substantially alters historic fabric and/or the integrity of the appearance
of gate house character -defining features beyond the extent addressed in the
project plans and the Mitigated Negative Declaration approve for the project
shall be subject to additional discretionary review and CEQA analysis at the
determination of the Development Services Director. (DSD)
17. All excavation for new construction foundations and grade adjustments
adjacent to and within close proximity to the historic gate house shall be
conducted manually with non -powered hand tools. Any ditch witch, back hoe
or other type of mechanical equipment shall be operated parallel to, and no
closer than five feet from, the walls of the historic gate house. Notes to this
effect shall be included in the new construction plans and permit. (DSD)
18. 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 as monitoring requirements. A
*Denotes Environmental Mitigation Measure
Resolution #11-5-24-1 Final Conditions of Approval
Project # SPR 10-002, Mission SJC Gate House Date: May 24, 2011
Preservation, Entry and Gift Shop Page 4 of 5
14. Prior to issuance of building demolition, grading or foundation permits, the
applicant shall prepare and submit a structural assessment required to
develop a gate house stabilization plan that is consistent with the Secretary
of the Interior's Standards for the Treatment of Historic Properties. The City
anticipates that preparation of the plan may necessitate a 1 X 1 meter or
similar excavation unit(s) on the south side of the gate house (once the
perimeter wall is removed in that area) to assess the composition and
condition of the building's foundation and to allow for preparation of
appropriate structural recommendations. The unit(s) shall be excavated by a
qualified archaeologist (defined as an archaeologist certified by the County of
Orange) or an archaeologist under the supervision of a "qualified
archeologist" and shall be observed by a Native American monitor. (DSD)
15. Prior to issuance of a grading permit, the applicant shall submit to the
Development Services Department documentation that a qualified
archaeologist (defined as an archaeologist on the List of Certified
Archaeologists for Orange County) has been retained to monitor grading and
excavation activities and to implement any recommendations of the
archaeological testing report, stating the name, qualifications, and contact
information for the archaeologist. (DSD)
16. Prior to issuance of building permits for construction of the gift shop building
or restoration of the gate house, whichever occurs first, the City will review
the submitted historic gate house stabilization plan for determination of
consistency with the Secretary of the Interior's Standards for the Treatment
of Historic Properties. Depending on the scope and nature of the proposed
plan, the City reserves the right to retain a third party architect and/or
structural engineer familiar with historic adobe construction techniques and
restoration to conduct a peer review at the applicant's expense. Any proposal
that substantially alters historic fabric and/or. the integrity of the appearance
of gate house character -defining features beyond the extent addressed in the
project plans and the Mitigated Negative Declaration approve for the project
shall be subject to additional discretionary review and CEQA analysis at the
determination of the Development Services Director. (DSD)
17. All excavation for new construction foundations and grade adjustments
adjacent to and within close proximity to the historic gate house shall be
conducted manually with non -powered hand tools. Any ditch witch, back hoe
or other type of mechanical equipment shall be operated parallel to, and no
closer than five feet from, the walls of the historic gate house. Notes to this
effect shall be included in the new construction plans and permit. (DSD)
18. 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 as monitoring requirements. A
*Denotes Environmental Mitigation Measure
Resolution # 11-5-24-1
Project # SPR 10-002, Mission SJC Gate House
Preservation, Entry and Gift Shop
Final Conditions of Approval
Date: May 24, 2011
Page 5 of 5
qualified monitor (defined as an individual with a bachelor's 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. (DSD)
19. 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. (DSD)
20. Prior to final inspection by the Development Services Department, the
applicant shall submit evidence that final reports for any historical, cultural or
archaeological resources recovered from the project site during grading or
construction have been filed with the appropriate information repository.
Reports shall include information on disposition of resources, (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
Date of Approval: May 24, 2011
Resolution No.: 11-5-24-1
A4" Acceptance of C n itions of Approval:
By:
Applicant Signatur to
Applicant Name/Title (Print)
*Denotes Environmental Mitigation Measure