CHC Resolution-11-07-26-01CHC RESOLUTION NO. 11-7-26-1
SITE PLAN REVIEW 11-001
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION
AND APPROVING SITE PLAN REVIEW 11-001 FOR THE REPAIR, SEISMIC
RETROFIT AND RESTORATION OF THE HISTORIC SILVAS ADOBE LOCATED AT
31861 LOS RIOS STREET AND MORE PRECISELY REFERRED TO AS
ASSESSORS PARCEL NUMBERS 121-160-47 AND -48 (SILVAS ADOBE
RESTORATION)
Whereas, on January 19, 2011, an application was submitted and deemed
complete on May 20, 2011, by Tom Ostensen, San Juan Capistrano Historical Society,
31831 Los Rios Street, San Juan Capistrano, CA 92675, for approval to allow the repair
and seismic retrofit of the historic Silvas Adobe's unreinforced one -room adobe dating
to 1794 with a circa 1868 wood -frame board and batten addition, and restoration of the
Adobe to its circa 1871 appearance in accordance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Restoration. The
site is a contributor to the Los Rios National Register Historic District, listed on the City's
Inventory of Historic and Cultural Landmarks and is located at 31861 Los Rios Street
within the Los Rios Specific Plan (SP 78-01); 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), has considered all project environmental documentation and
technical studies, and finds that the Mitigated Negative Declaration reflects the
independent judgment of the City; and,
Whereas, the Cultural Heritage Commission conducted a noticed public
hearing on July 26, 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.
CHC Resolution No. 11-7-26-1 2 Julv 26. 2011
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano does hereby make the following
findings with respect to Site Plan Review 11-001:
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 Specific
Plan/Precise Plan land use designation because it does not alter the existing
use or land use designation of the site.
b. The project meets the goals and policies of the Community Design Element to
preserve the historic character of the community by its restoration and repair
of the Silvas Adobe, removal of non -historic features, compatible
modifications where necessary and appropriate drought tolerant and
California -friendly landscape consistent with the building's historic period of
significance.
c. The project is designed to respect and preserve the historic character of the
site by restoring the Silvas Adobe, 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 and Los
Rios Specific Plan because:
a. The project is an existing building and complies with all development
standards of the Los Rios Specific Plan Historic Residential zone district and
the supplemental standards within the Land Use Code.
b. The project includes tree removal requests to facilitate the restoration project,
and the Land Use Code provides for decision -makers to make appropriate
findings for such requests in their consideration of discretionary entitlement
applications.
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 preserves and restores existing historic materials or replaces
materials in-kind, and removes only non -historic additions.
b. The project proposes compatible modifications where necessary to facilitate
access and structural stability of the historic building while minimizing impacts
to, or removals of, historic fabric.
c. No intensification of the use occupancy for the building is proposed at this
time.
CHC Resolution No. 11-7-26-1 3 July 26, 2011
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 Restoring
Historic Buildings (1995, Weeks and Grimmer) because:
a. The project will remove later era additions and alterations that have not
achieved historic significance in their own right. The dimensioned construction
plans will document the as -built materials, features, spaces and finishes of
the building in conjunction with photographs prior to demolition of these
areas. The project will retain and preserve materials and features from the
1871 restoration period to the extent possible.
b. Character -defining features and the integrity of the Silvas Adobe and its
contributing character to the Los Rios National Register Historic District are
being restored and preserved by the project.
c. The stabilization work will be physically and visually compatible and properly
documented via the construction plans for the project.
d. The potential replacement of missing features has been documented through
photographs and information related to the Silvas Adobe or for other adobe
Historic District contributors through their evolution from construction in 1794
through the project's restoration period, and would not create a false sense of
history.
e. Any existing sub -surface archaeological and cultural resources will be
protected or adequately mitigated if disturbed.
5. The removal of the trees will not have an adverse impact on adjacent properties
or the general welfare in that their removal will adversely impact views, public
streetscapes, or other aesthetic considerations because the trees have invasive
root characteristics that are damaging historic resources. Removal of the trees
will benefit the long-term preservation of the Silvas Adobe and more appropriate
succulent plantings are proposed in their place.
6. Trees that have or are being removed with the project are unsuitable varieties for
the site in that the species are not native varieties, are not in keeping with the
community character of San Juan Capistrano or the Los Rios Historic District, are
of an invasive species, or otherwise conflict with the intent of Section 9-2.349 of
the Land Use Code because the tree species (Bottlebrush, Ash and Italian
Cypress) are part of the ornamental landscape palette that was introduced to the
Silvas Adobe grounds in the early to mid -20th century, after the restoration
period.
7. Replacement trees are not proposed with the current project, but the surrounding
landscape that is existing or enhanced through the landscape design of the Leck
House project provide adequate numbers and species of trees in appropriate
proximity to the Silvas Adobe.
CHC Resolution No. 11-7-26-1 4 Julv 26, 2011
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby approve Site
Plan Review 11-001 subject to those conditions of approval established by Exhibit A,
attached hereto and incorporated herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves a mitigated
negative declaration subject to those mitigation measures established by the Mitigation,
Monitoring and Reporting Program in Exhibit B, attached hereto and incorporated
herein, and designates the Development Services Department as the location and
custodian of the documents or other material which constitute the record of proceedings
upon which the decision is based.
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. The appeal period shall expire at 5:00 p.m., Wednesday,
August 10, 2011. This project approval shall be valid for a period of two (2) years from
the effective date of this approval, and shall expire on August 11, 2013, unless a time
extension request or grading/building permit related to this discretionary approval has
been issued by the City prior to that date.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2011, by the
following vote, to wit:
AYES: Commissioners DeHaan, Siegel, Vice -Chair Tryon and Chair Porter
NOES: None
ABSTAIN: None
Teri Delcamp, Historic Preservation Manager,
Commission Secretary
EXHIBIT A
CHC RESOLUTION #: 11-7-26-1
CONDITIONS OF APPROVAL
Project #: SPR 11-001 Project Name: Silvas Adobe Restoration
APPROVAL DATE: July 26, 2011
EFFECTIVE DATE: August 11, 2011
EXPIRATION DATE: August 11, 2013
These conditions of approval apply to SPR 11-001, Silvas Adobe Restoration, to allow
the repair and seismic retrofit of the historic Silvas Adobe's unreinforced one -room
adobe dating to 1794 with a circa 1868 wood -frame board and batten addition, and
restoration of the Adobe to its circa 1871 appearance in accordance with the Secretary
of the Interior's Standards for the Treatment of Historic Properties with Guidelines for
Restoration, located at 31861 Los Rios Street within the Los Rios Specific Plan (APN
121-160-47, -48). 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 the restoration of the Silvas Adobe to circa
1871 with a Group U building occupancy classification; removal and
replacement of the deteriorated roof, covered east porch, rafters and porch
posts, restoring a historically appropriate wood shingle roof and chamfered
porch posts; repair/replacement of the front porch walkway; removal of
deteriorated wood frame additions from the rear of the Adobe that date from
the post -restoration period and replacement with a covered west porch
supported by a low retaining wall; repair of existing adobe walls and
repair/restoration of the board and batten addition walls; provision of
appropriate roof -to -wall connections and structural support; removal of
inappropriate chicken wire and/or cementitious stucco from exterior wall
surfaces; painting and mud and lime plastering of the walls; minor electrical
and lighting upgrades; disabled access ramp with railing at the south side
leading to the westerly porch; and addition of succulent plantings and removal
of non -historic existing trees. This project approval is based on and subject to
the application materials submitted by the San Juan Capistrano Historical
Society on January 19, 2011, which were re -submitted and deemed complete
on May 20, 2011, including but not limited to the following plans date-stamped
as received on April 21, 2011: site plan, demo restoration floor plan, proposed
restoration floor plan, deconstruction elevations, restoration elevations,
electrical plan and details prepared by Jeffrey V. Riggs Architect; conceptual
landscape plan prepared by Land Concern; and Jose Maria Silvas Adobe
Voluntary Seismic Retrofit, Restoration and Rehabilitation, by San Juan
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1
Project # SPR 11-001, Silvas Adobe Restoration
Final Conditions of Approval
Date: July 26, 2011
Page 2 of 9
Capistrano Historical Society; Silvas Adobe — Los Rios Historic District, by
Architectural Resources Group; Silvas Adobe Existing Conditions Report, by
Thirtieth Street Architects; and tree assessment by Land Concern dated June
30, 2011; and any other approved 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. The building use and occupancy classification will be Group U (utility and
miscellaneous) in accordance with the California Building Code as declared
on the plans. No use of the building as a museum or other similar type of
commercial/assembly occupancy is approved by this project. Such a change
of use would require future discretionary entitlement approvals from the City.
4. 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.
5. 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.
6. 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.
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
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 3 of 9
phase, the conditions and/or plans as stipulated in the later approval shall
prevail.
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. *Selective Demolition. A separate permit for selective demolition may be
requested and issued if approved and if the applicant provides evidence to
the satisfaction of the Development Services Director or designee that it is
necessary to provide structural stability and/or other critical information for the
preparation of the construction plans.
11. Pay Fees and Post Sureties. Prior to issuance of a grading permit, 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 proposed
on-site and off-site grading, drainage, landscape and irrigation, erosion and
sediment control, sewer, water, street, and all appurtenant improvements.
(PW -ENG)
12. *Archaeological Monitoring. Prior to issuance of a permit that involves any
ground -disturbing activity, 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 site clearing, grading, and excavation activities,
stating the name, qualifications, and contact information for the archaeologist.
(DSD)
13. Grading Plans. Prior to issuance of a grading permit, the applicant shall
submit the required number of copies of grading plans, prepared by a
Registered Civil Engineer, to the Engineering and Building Department for
review and approval by applicable departments. Precise grading shall be
consistent with the approved conceptual grading plan and site plan. These
plans shall show, at minimum, the limits of grading, the drainage, any
applicable retention/detention basins, sewer, water, trails, parkways, streets
and all appurtenant improvements. The extent of the topography shall be
extended enough to determine the geological and drainage impacts to
adjacent properties. The elevations shall correspond with the Orange County
benchmark datum. All drainage must be treated prior to being conveyed to
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 4 of 9
the street or a City approved drainage facility in accordance with the National
Pollutant Discharge Elimination System (NPDES) requirements. In addition,
the grading plans shall show the following information: (PW-ENG/DSD)
a. Location of all existing trees to be removed. (DSD)
b. Areas to be protected from grading in order to protect environmental
resources (biological, cultural, or historical), and method of protection
proposed during grading operations. (DSD)
c. Location, height, materials and colors of any retaining walls. (DSD)
14. Soils/Geology. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review and obtain approval for a Soils
Report/Geotechnical Feasibility Study prepared by a Registered Geologist
and Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements for the project and
preliminary pavement sections and substructure bedding/backfill
recommendations. (PW -ENG)
15. Submit Haul Route Plan. Prior to issuance of a grading permit for
importation/exportation of soil in excess of fifty cubic yards in and out of the
project site, the applicant shall submit to the City Engineer for review and
obtain approval for, a Haul Route Plan specific to the project and in
compliance with all applicable City standards. The Haul Route Plan shall
specify dates, times, and headways for hauling activities. Prior to
commencement of haul activities, the applicant shall obtain a Haul Route
Permit and pay required fees to the Engineering Department. (PW -ENG)
16. TrafficNisitor Control Plan. Prior to issuance of a grading permit, the applicant
shall submit and obtain approval of the City Engineer and Development
Services Director for a TrafficNisitor Control Plan, including but not limited to
construction access, contractor parking and safe pedestrian visitor access to
the overall museum site during construction. The TrafficNisitor Control Plan
shall minimize impacts on parking and vehicular traffic on Los Rios Street.
(PW-ENG/DSD)
17. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of grading
and right-of-way improvement 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. (PW -ENG)
18. 'Protect Existing Improvements. All selective demolition and excavation for
the retaining wall within close proximity to the Silvas Adobe shall be
conducted manually with non -powered hand tools unless otherwise approved
`Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 5 of 9
by the City Historic Preservation Manager. 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 Silvas Adobe.
19. 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)
20. *Historic Preservation Architect Review. Prior to issuance of building
foundation and/or building permits, the applicant shall revise the plan details
to ensure consistency with the Secretary of the Interior's Standards. Specific
details to be addressed include redwood roof shingle material and
dimensions; the possibility of a providing a wood replacement east porch
floor; and appropriate details, notes and methods for the repair of the board
and batten walls, window frames, door replacement and application of mud
plaster to adobe walls, etc. The applicant shall provide evidence to the
satisfaction of the City Historic Preservation Manager that a third party review
by a qualified historic preservation architect (defined as an individual meeting
applicable Secretary of the Interior's Professional Qualification Standards)
has been conducted for the construction drawings indicating that any
recommendations have been incorporated. Alternatively, the City may
conduct the third party review during the plancheck process at the applicant's
expense. (DSD)
21. 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 Division for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Cultural Heritage
Commission and/or Development Services Director (as applicable). Plans
shall address the following: (DSD)
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. Location of all 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 and complementary to the building
architecture.
c. Show the location and method of screening for any proposed new ground -
or wall -mounted equipment on the site plan, including but not limited to
utility boxes and backflow devices. All equipment shall be screened from
public view. Screening shall be compatible with main structures and
include landscaping where appropriate.
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 6 of 9
22. Dry Utilities. Prior to issuance of building permits and approval of dry utility
plans, the applicant shall submit to the City Engineer, for review and obtain
approval for utility installation plans which include the size and location of all
above ground pedestals, to ensure compatibility with existing and proposed
improvements. Pedestals shall be located in areas with limited visibility to the
general public, and screened with landscaping to the extent feasible. The
applicant shall coordinate with utility providers to ensure that required public
improvements are not in conflict with existing or proposed utilities, and that
utility devices may be screened on the site to the extent practicable. Any
exception shall be subject to review and approval by the City Engineer. (PW -
ENG)
23. Final Landscape Plans. Prior to issuance of building permits, final landscape
plans shall be submitted to the Development Services Department for review
and approval. Final landscape plans shall show the following information and
shall be consistent with the Cultural Heritage Commission -approved
landscape plans: (DSD)
a. Type, location, and size of all proposed plant material. Proposed
landscaping shall incorporate water conservation techniques and use
California native or friendly drought -tolerant plants.
b. Hardscape and walkways indicating materials and colors.
c. All landscaping shall be provided with a permanent, automatic irrigation
system designed for water conservation unless otherwise approved by the
Development Services Department.
24. Final Lighting & Photometric Plans. Prior to issuance of building permits, the
applicant shall submit the final lighting & photometric plan for the project for
Development Services Department review and approval. Plans shall include
the following information and meet the following requirements: (DSD)
a. Show the location of all light fixtures, free-standing and building -mounted,
that illuminate areas accessible to the public and the proposed illumination
levels in footcandles (fc) extending five (5) feet beyond the property line.
b. Illumination levels shall comply with the Lighting Standards of Title 9, Land
Use Code.
c. Building -mounted fixtures shall be mounted below the roof eaves.
d. Exterior lighting shall be reduced to the extent feasible during hours that
the site is not in operation.
"Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 7 of 9
e. The design of all fixtures shall be consistent with the Secretary of the
Interior's Standards for the Treatment of Historic Properties.
25. *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
as monitoring requirements. A 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.
26. *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 evidence of human remains
is discovered, the Native American monitor shall verify that the archaeologist
has notified the Coroner.
27. Pre -construction Meeting. Contractor and archaeologist shall attend a pre -
construction meeting with the Building and Safety Division prior to
commencement of any construction on the site. (DSD-B&S)
28. Drainage Problems. During the entire grading and construction operation, the
applicant shall adhere to the following conditions to address unforeseen
drainage issues: (PW -ENG)
a. If any drainage problem is identified or does occur during construction, the
applicant shall provide and implement a solution acceptable to the City
Engineer at no cost to the City, and submit a recorded instrument to insure
the future of the solution.
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 8 of 9
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineer and
shall be subject to supplemental Geotechnical Soils Report and additional
fees.
29. 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. (PW -ENG)
30. 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.(DSD)
31. *Final Cultural Resource Reports. Prior to approval of 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)
32. Installation of Landscaping, Prior to approval of final inspection the applicant
shall install all landscaping and irrigation. The applicant shall provide a
certification, from a licensed Landscape Architect, stating that the landscape
materials and irrigation system (tested for full coverage) have been planted
and installed in compliance with the approved landscape plans. (DSD)
33. *Final Development Services Inspection. Prior to application for a Certificate
of Occupancy for the Group U classification structure, the applicant shall
schedule a final inspection by the Development Services Department, and
shall pay any outstanding balance in the Developer Deposit Account assigned
to this application. Development Services Department shall not conduct a
final inspection until any outstanding balance has been paid in full.
Additionally, the applicant shall demonstrate to the satisfaction of the
Development Services Director or designee that restoration of the Silvas
Adobe has been completed in accordance with the project plans and
documents, as refined through third party review by a historic preservation
architect, and is consistent with the Secretary of the Interior's Standards for
the Treatment of Historic Properties with Guidelines for Restoration. (DSD)
34. Business License. The applicant, its contractor(s), tenants, or successors in
interest shall comply with the City's business license requirements. (DSD)
*Denotes Environmental Mitigation Measure
Resolution #11-7-26-1 Final Conditions of Approval
Project # SPR 11-001, Silvas Adobe Restoration Date: July 26, 2011
Page 9 of 9
_ 35. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements for
property maintenance. (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
Date of Approval: July 26, 2011
Resolutiono.: 11-7-26-1
Applicant A ance of Conditions of Approval:
In
Applicant Signature
Applicant Name/Title (Print)
pPOIC
"Denotes Environmental Mitigation Measure
Date
EXHIBIT B
RESOLUTION # 11-7-26-1
SITE PLAN REVIEW 11-001, SILVAS ADOBE RESTORATION
CITY OF SAN JUAN CAPISTRANO, CA
INTRODUCTION
The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting
Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The
purpose of the MMRP is to ensure that the proposed project complies with all applicable
environmental mitigation and permit requirements. Mitigation measures for the project
have been adopted by the City's approving body in conjunction with the adoption of a
Mitigated Negative Declaration (MND). Those adopted mitigation measures are integrated
into this MMRP and are stated in the conditions of approval.
Within this document, approved mitigation measures are organized and referenced by
subject category (e.g. Aesthetics, Air Quality, Noise, Hydrology & Water Quality, etc.) and
include those for all topical areas evaluated in the MND for the project. Each mitigation
measure is provided with a numerical reference. The mitigation measures also include
information on the method and timing of verification and the responsible party that will
ensure that each measure is implemented.
Public Resources Code Section 21081.6 requires the Lead Agency, for each project that
is subject to the California Environmental Quality Act (CEQA), to monitor performance of
the mitigation measures included in any environmental document to ensure that
implementation does, in fact, take place. The City is the designated lead agency for the
MMRP and is responsible for review of any monitoring reports, enforcement actions, and
document disposition.
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