PC Resolution-11-06-28-02PC RESOLUTION NO. 11-6-28-02
ARCHITECTURAL CONTROL (AC) 10-036, ZONE VARIANCE (ZV) 11-001,
TREE REMOVAL PERMIT (TRP) 11-014
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND MODIFICATIONS TO MISSION SAN JUAN CAPISTRANO'S
MAIN ENTRY LOCATED AT 26801 ORTEGA HIGHWAY AND MORE PRECISELY
REFERRED TO AS ASSESSORS PARCEL NUMBER 124-180-06 (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 provisions for 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 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), considered public testimony on the proposed project,
and approved Site Plan Review 10-002 subject to Planning Commission approval of AC
10-036/ZV 11-001/TRP 11-014; and
PC Resolution 11-6-28-02 2 June 28, 2011
Whereas, the Planning Commission has considered the Environmental
Administratoros 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 Planning Commission conducted a duly -noticed public
hearing on June 28, 2011, pursuant to Title 9, Land Use Code, Section 9-2.335, City
Council Policy 5, and Planning Department Policy 510 to consider public testimony on
the proposed project and has considered all relevant public comments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
of the City of San Juan Capistrano does hereby make the following findings with respect
to Architectural Control 10-036:
1. The proposed use and design of the project comply with all applicable provisions
of Title 9 of the San Juan Capistrano Municipal Code and any applicable specific
plan or comprehensive development plan 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 and for removal of trees through approval of
a zone variance application and tree removal permit, respectively, as
outlined in the findings below.
2. The proposed use and design of the project are consistent with the goals,
policies and objectives of the General Plan, including the Community Design,
Land Use and Cultural Resources Elements 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 through:
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.
PC Resolution 11-6-28-02 3 June 28, 2011
3. The site is adequate in size and shape to accommodate all yards, open spaces,
setbacks, parking, access, and other features pertaining to the application,
except as otherwise approved because:
a. The site is an existing site developed over 230 years ago that is adequate
to accommodate the relocation of the gift shop out of the Mission's historic
core and provides a more efficient but sensitively designed entrance area.
b. The reduced front setback for a portion of the project is appropriate as
approved through Zone Variance 11-001, and the remaining portions of
the new construction are located further away from the front setback than
the existing gate house.
C. The site layout provides appropriate separate visitor access points, and is
not subject to additional parking space requirements.
4. The character, scale and quality of the architecture, site design and landscaping
are consistent with the adopted Architectural Design Guidelines of the City
because:
a. The project is of a design and quality that complements the unique
character of the historic Mission and is consistent with applicable historic
design standards and guidelines.
b. The high-quality and human scale design complements the City's
traditional, historic character.
C. The project features a low -scale and pedestrian -oriented character, is
situated adjacent to the sidewalk, and provides appropriate access and
visibility.
d. The project includes compatible materials that will blend with the historic
character of the site and the surrounding downtown commercial area.
e. The project will retain and enhance views to the Great Stone Church and
the upper portions of other Mission buildings from numerous public
vantage points.
5. The site plan provides functional and safe vehicular, bicycle and pedestrian
access and circulation because:
a. The project will enhance the ability of visitors to access the Mission and
circulate and gather outside the entrance.
b. Bicycle parking and an existing parking space designated for alternative
fuel vehicles will be provided in a public location and the project's minor
PC Resolution 11-6-28-02 4 June 28, 2011
scale does not warrant any additional vehicular or bicycle circulation
features.
6. The proposed use and design of the project are compatible with surrounding
existing and proposed land uses and community character, including scale,
intensity, massing, architectural design, landscape design, and other
development characteristics because the design features, materials, scale,
massing, relationship to the public sidewalk, and landscape palette are all
compatible with the surrounding downtown tourist commercial land uses and
historic character.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings with respect to Zone Variance 11-001:
1. There are special circumstances applicable to the property including size, shape,
topography, location, or surroundings so that the strict application of the Code
would deprive the property of privileges enjoyed by other properties in the vicinity
and with the same zoning classification because:
a. The Mission's existing non -conforming setback pre -dates the incorporation
of the City and adoption of its ordinances, and has, for over 100 years,
been allowed to evolve in this same location.
b. The siting of the proposed project minimizes the potential impacts on
cultural and archaeological materials, better preserves the spatial
relationships of the front courtyard, and avoids visual encroachment of the
new structure on historically significant features.
C. The properties within the surrounding tourist commercial area enjoy
minimal or zero front setbacks and provide a presence on the street
behind the sidewalk. They conform to their own zone district standards.
The Mission is the only P&I zoned site that interfaces directly with the
downtown Tourist Commercial zone district. Application of the much more
restrictive P&I front setback would create an inappropriate separation of
the entrance and buildings from the sidewalk in a pedestrian -oriented
location.
2. Granting the variance would not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and under the
same zoning because:
a. Imposing the required front setback would actually be an inconsistent
limitation on the Mission at this key downtown location since other
properties in the vicinity are not under the same zoning and have minimal
front setbacks.
PC Resolution 11-6-28-02 5
June 28. 2011
b. The Mission functions as a critical land use within the Tourist Commercial
downtown area, even though the zoning designation related to its
permitted use status is P&I; as such, there would be no grant of special
privilege.
3. The variance would not result in development which is otherwise inconsistent
with the provisions of Title 9 of the Municipal Code because the project meets all
other provisions of the Municipal Code as supplemented by approval of TRP 11-
014 below.
4. Granting the variance would not be materially detrimental to the public health,
safety, or welfare, or injurious to the properties or improvements in the vicinity
and land use district in which the property is located because:
a. Granting the variance would have no negative impact on public health,
safety and welfare, or properties; conversely, not granting the variance
could result in a significant negative impact on the historic Mission
property.
b. The impact of observing a 20' setback for the project could result in the
removal of the courtyard's historic fountain, reduction of the courtyard's
garden area and alter the historic setting and existing spatial relationships
within the Mission's core, which would be inconsistent with the Secretary
of the Interior's Standards for the Treatment of Historic Properties.
C. By virtue of a reduced front setback, the project is able to provide a new
building on the perimeter of the historic site, away from the original and
most significant site features.
d. The variance permits the construction of the new gift shop building, which
in turn allows for the historic Sala building to be returned to a more
passive museum use which is more appropriate and conducive to the long
term preservation of the Sala than the existing commercial gift shop use.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following
findings with respect to Tree Removal Permit 11-014:
1. 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:
a. The three trees that are proposed for removal because they are located
within or impacted by the footprint of the project are internal to the Mission
grounds,
PC Resolution 11-6-28-02 6 June 28, 2011
b. Although the tree canopies are visible to the public above the Mission's
perimeter walls, the removal of the trees will actually enhance views of the
Mission's core historic buildings including the Great Stone Church.
2. The trees are an unsuitable variety for the site in that the species are not a native
variety, are not in keeping with the community character of San Juan Capistrano,
are of -an invasive species, or otherwise conflict with the intent of Section 9-2.349
of the Land Use Code because:
a. The tree species are part of the ornamental landscape palette that was
introduced to the Mission grounds in the early to mid -20th century.
b. The species are Ficus rubiginosa (Rusty Leaf Fig) and Chorisia speciosa
(Silk Floss), neither of which is native to California.
C. The tree species are incompatible with the Mission in growth
characteristics and/or style because they appear to be damaging the
foundations of existing buildings and generally have massive root systems
and canopy potential, or have showy characteristics that are more of an
oddity than an enhancement of the Mission's character and heritage.
3. Replacement trees are proposed as appropriate to maintain the urban forest
canopy and the replacement trees are more appropriate to the site and to the
planting area because:
a. The three trees will be replaced, along with a fourth for the other tree
previously approved and removed (Grevillea robusta or Silk Oak).
b. The replacement species are Palo Verde and either an Engelman or a
Coast Live Oak and are more appropriate to the historic nature of the
Mission, and two orange trees within the courtyard's existing orchard just
east of the Soldier's Barracks.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves the project subject to
those conditions of approval established by Exhibit A, attached hereto and incorporated
herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
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.
PC Resolution 11-6-28-02 7 June 28, 2011
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, July
13, 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 July 14, 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 28th day of June, 2011, by
the following vote, to wit:
AYES: Acting Chairman Gene Ratcliffe and Commissioners Ginny Kerr,
Tim Neely, Roy Nunn, Jeff Parkhurst and Rob Williams
NOES: None
ABSTAIN: None
4
Gene Ratph Acting C man
William A. Ramsey, AICP, Princir4l Planner
Secretary
EXHIBIT A
RESOLUTION # 11-6-28-02
CONDITIONS OF APPROVAL
PROJECT LOG #: AC 10-036/ZV 11-001/TRP 11-014
PROJECT NAME: Mission SJC Gate House Preservation, Entry and Gift Shop
APPROVAL DATE: June 28, 2011
EFFECTIVE DATE: July 14, 2011
These conditions of approval apply to the above -referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer, the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
The subject project proposes 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 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 and the proposed use
of the project site 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. This project is also subject to the approval and all related conditions and
requirements for Site Plan Review 10-002, approved by the Cultural Heritage
Commission on May 24, 2011, by CHC Resolution No. 11-5-24-1.
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House, Entry & Gift Shop Page 2 of 12
3. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if 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, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
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 phase, the
conditions and/or plans as stipulated in the later approval shall prevail.
_ 8. The use shall meet the standards and shall be developed within the limits established
by the Municipal Code as related to emissions of noise, odor, dust, vibration, wastes,
fumes, or any public nuisances arising or occurring incidental to the establishment or
operation.
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.
10. 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.
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
12. In conjunction with these conditions of approval, the project shall adhere to and
comply with all Mitigation Measures (MM's) that are listed in the Mitigated Negative
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House, Entry & Gift Shop Page 3 of 12
Declaration approved for the Project in accordance with the Mitigation, Monitoring
and Reporting Program.
The following conditions of approval shall be met prior to or in conjunction with the
issuance of building demolition permit(s):
13. *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)
14. *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)
15. *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)
16. *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)
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House, Entry & Gift Shop Pape 4 of 12
The following conditions of approval shall be met prior to or in conjunction with the
issuance of any grading permit(s):
17. Pay Fees and Post Sureties. Prior to issuance of 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)
18. Construction Cost Estimate. Prior to issuance of a grading permit, the applicant shall
submit to the City Engineer for review, and obtain approval for, an estimate of
quantity and construction costs prepared by a Registered Civil Engineer. Said
estimate shall include costs for construction of all applicable street improvements,
signing and striping, street lights, storm drains, water, sewers, recreational trails,
landscape, irrigation systems, setting of survey monuments and centerline ties. (PW -
ENG)
19. Post Bond/Provide Securities. Prior to issuance of a grading permit, the applicant
shall provide Performance Bonds/securities for 100% of each estimated improvement
cost as prepared by a Registered Civil Engineer and approved by the City Engineer
and City Attorney for each applicable, but not limited to, street improvements, signing,
signalization, striping and street lights; storm drains, sewer, recreational trails,
landscaping and irrigation in rights-of-way, private slopes and open space. In
addition, the applicant shall provide Labor and Materials Bonds/Securities for 100% of
the above estimated improvement costs as determined by the City Engineer. (PW -
ENG)
20. 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 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 and indicate trees to be removed and trees to
remain in place (DSD)
b. Show and identify all pedestrian access ways and traffic crossings on the site
plan. Design of these areas shall be reviewed and approved by the applicable
City departments and shall comply with Title 24 Handicapped Accessibility
Standards and City Building Codes. (DSD) .
c. 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)
*Denotes Environmental Mitigation Measure
Resolution # 11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014 Mission SJC Gate House Entry & Gift Shop Page 5 of 12
d. Location, height, materials and colors of any retaining walls. (DSD)
21. 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)
22. Erosion & Sediment Control Plans. Prior to issuance of grading and right-of-way
improvement permits, the applicant shall submit to the City Engineer for review and
shall obtain approval for Erosion and Sediment Control Plans, using Best
Management Practices prepared by a Registered Civil Engineer. These plans shall
show, in accordance with the NPDES Permit, all temporary and/or permanent erosion
and sediment control measures, effective planting of graded slopes, practical
accessibility for maintenance purposes and proper precautions to prevent public
trespass onto certain areas where impounded water may create a hazardous
condition. (PW -ENG)
23. Submit Haul Route Plan. Prior to issuance of grading and right-of-way improvement
permits, 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)
24. Traffic/Visitor Control Plan. Prior to issuance of grading permits and right-of-way
improvement priority, the applicant shall submit and obtain approval of the City
Engineer for a Traffic/Visitor Control Plan and final improvement plans for all right-of-
way improvements, including but not limited to sidewalk, accessible ramps and
bollards. The Traffic/Visitor Control Plan shall address and ensure public access and
travel for vehicles and pedestrians on public streets and sidewalks to the extent
feasible, and shall indicate the location and method for visitor ingress and egress to
Mission San Juan Capistrano, during all phases of demolition, grading and
construction,. (PW -ENG)
25. 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)
26. Connection to City Drain must be Documented and Filed. Prior to issuance of grading
permit, any proposed connections to existing public storm drain system, from on-site
drains, must be approved by the City Engineer. All documentation and revisions to
exiting plans, where points of connections are permitted, shall be provided and
submitted by the applicant's engineer at applicant's expense, prior to acceptance to
improvements and release of performance securities. (PW -ENG)
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014 Mission SJC Gate House, Entry & Gift Shop Pape 6 of 12
27. License Agreement. Prior to issuance of a grading permit, the applicant shall obtain
and record a license agreement from the City for proposed private improvements
within the public right-of-way (i.e. bollards, tree grates, etc.). The applicant shall bear
all costs for obtaining said license agreement. The City Engineer shall have the right
to withhold approval of the affected improvement plans for failure to satisfy this
condition. (PW -ENG)
28. Prior to issuance of a grading permit the applicant shall submit an inventory of
existing plaques and monuments or similar within the project area limits including
material, age and purpose, and a proposed plan for the disposition of the objects
including location of archiving, or re -installation if proposed. The California Historical
Landmark, and any other public agency's, plaque and EI Camino Real bell shall be
re -installed in locations that are visible to the public before they enter the Mission, to
the satisfaction of the Development Services Director. (DSD)
29. *Archaeological Monitoring_ 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)
30. *Archaeological Monitor. The qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) retained by the project
applicant 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. (DSD)
31. *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. (DSD)
*Denotes Environmental Mitigation Measure
Resolution # 11-6-28-02 Conditions of Approval
AC 1'0-0361ZV 11-001/TRP 11-014 Mission SJC Gate House Entry & Gift Shop Page 7 of 12
The following conditions shall be met prior to or in conjunction with the issuance of any
building permit(s):
32. Applicable Codes. Prior to issuance of building permits, plans for this project shall be
submitted to the Building and Safety Division for review and approval, and shall
comply with the latest City -adopted edition of the applicable building codes. (B&S)
33. Following submittal of the application for zoning compliance plancheck and prior to
issuance of permits, the applicant shall submit the required number of construction
plan sets to the Development Services Department for confirmation review by the
Design Review Committee that the plans and details reflect consistency with the
approved project and these conditions of approval. (DSD) (added by PC 6/28/11)
_ 34. Buildinq 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, Design Review Committee, Planning
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 and method of screening for all roof -mounted and building -mounted
equipment shall be demonstrated on the elevations, including but not limited to
kitchen exhaust vents, air conditioning and heating units, utility boxes, and
backflow devices. All equipment shall be screened from public view and
designed to be an integral component of the building design. All roof -mounted
equipment shall be screened from view by parapet walls or other architectural
means. The applicant shall demonstrate to the satisfaction of the City Planner
that no roof -mounted equipment will be. visible from the public right-of-way.
Screening shall be compatible with main structures and include landscaping
where appropriate.
c. 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.
e. Show the location and method of screening for all ground -mounted equipment on
the site plan, including but not limited to air conditioning and heating units, 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.
f. Show the locations of the bicycle racks and alternative fuel vehicle parking space
required by the California Green Building Code.
35. Street Improvement Plans. Prior to issuance of building permits, the applicant shall
submit to the City Engineer for review and obtain approval for Street Improvement
Plans prepared by a Registered Civil Engineer. Said plans shall be designed per City
standards and shall show all existing and proposed improvements in the project area,
including but not limited to street grades, striping, signage, and all related
appurtenances. In addition, the Street Improvement Plans shall show the following
improvements for this project: (PW -ENG)
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House Entry & Gift Shop Pape 8 of 12
a. Sidewalks shall be replaced along the street frontage along Ortega Highway as
indicated on the approved conceptual plans.
b. If existing accessible ramps are to be replaced, they shall be designed in a
configuration and location approved by the City Engineer. The plans shall include
associated crosswalk re -striping as necessary.
c. Bollards and tree grates within the public right-of-way shall be located to
maximize pedestrian accessibility.
d. Striping and signage of designated parking space for alternative fuel vehicle as
required by the California Green Building Code.
36. 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,
Electrical Gas, Telephone and Cable Television Installation Plans which include the
size and location of all above ground pedestal, 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)
37. Final Landscape Plans. Prior to issuance of building permits, final landscape plans
shall be submitted to the Development Services Department for review and approval.
Plans shall include all project entries, parking areas, landscaped slopes, common
open areas, etc. Final landscape plans shall show the following information and shall
be consistent with the Planning 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. All existing on-site trees approved for removal, replacement trees and all existing
trees to be preserved in the project area consistent with the approved preliminary
landscape plans. Replacement trees shall be provided at a one-to-one ratio for
the total of four approved for removal. The two external trees count toward the
requirement, and two additional trees internal to the project shall be provided.
c. Decorative hardscape and walkways indicating materials and colors.
d. Location, height, materials and colors of all proposed walls.
e. Location and details for all street furniture including bicycle racks, benches, trash
receptacles, etc.
f. All landscaping shall be provided with a permanent, automatic irrigation system
designed for water conservation unless otherwise approved by the Development
Services Department.
38. Surety for Tree Preservation. The applicant shall provide surety in the form of a bond
or other method as approved by the Development Services 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 certificate of occupancy. (DSD)
39. Final Lighting & Photometric Plans. Prior to issuance of building permits, the applicant
shall submit the final lighting & photometric plan for the project for Development
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-0011IRP 11-014 Mission SJC Gate House Entry & Gift Shop Page 9 of 12
Services Department review and approval. Plans shall include the following
information and meet the following requirements: (DSD)
a. Show the location of all light standards and 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. Illumination shall be either metal halide, high-pressure sodium (HPS) or
other as approved by the Development Services Director.
e. Exterior lighting shall be reduced to the extent feasible during hours that
the use is not in operation.
f. The design of all fixtures shall be consistent with the Planning
Commission -approved design plans for the project.
_ 40. OCFA Review of Architectural Building Plans. Prior to the issuance of a building
permit, the applicant shall submit architectural plans for the review and approval of
the Fire Chief if required per the "Orange County Fire Authority Plan Submittal Criteria
Form." Please contact the OCFA at (714) 573-6100 for a copy of the Site/
Architectural Notes to be placed on the plans prior to submittal. (OCFA)
41. `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 approved for
the project shall be subject to additional discretionary review and CEQA analysis at
the determination of the Development Services Director. (DSD)
42. *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)
The following conditions shall be met continuously during construction and prior to
issuance of any certificate of occupancy:
43. Compliance with approved plans. At all times during construction, the applicant shall
ensure compliance with approved construction mitigation plans, including: (PW -ENG)
a. Erosion Control Plan
b. Haul Route Plan
*Denotes Environmental Mitigation Measure
Resolution # 11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House, Entry & Gift Shop Pape 10 of 12
c. Traffic Control Plan
d. Construction Debris Recycling Plan
44. Pre -construction Meeting. Contractor shall attend a pre -construction meeting with the
Building and Safety Division prior to commencement of any construction on the site.
(DSD-B&S)
45. 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. (PW -ENG)
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. (PW -ENG)
46. 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)
47. 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)
48. Sign Program. Prior to the issuance of a certificate of occupancy for the gift shop, the
applicant shall submit a sign program to the Development Services Department for
review and approval by the Design Review Committee and the City's Planning
Commission or as otherwise provided by Title 9 of the Municipal Code.
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
49. Complete all Improvements to the City's Satisfaction. Prior to issuance of certificate of
occupancy or prior to acceptance of improvements and release of performance
securities, whichever occurs first, the applicant shall complete, to the satisfaction of
the City Engineer, all facility improvements required and necessary to serve the
development in accordance with the approved plan and approved exceptions. In the
case of a phased project, the provisions of this condition shall be applied to each
phase (PW -ENG)
50. Curb and Gutter Repair. Prior to acceptance of improvements and release of
performance securities, any existing sections of curb and gutter damaged during
construction may require to be repaired or replaced by the applicant, depending on
the condition of these improvements prior to and after construction. (PW -ENG)
51. Installation of Landscaping. Prior to approval of final inspection the developer shall
install all landscaping and irrigation. The developer shall provide a certification, from a
Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014 Mission SJC Gate House Entry & Gift Shop Pape 11 of 12
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. Additionally, all bicycle racks, pedestrian walkways,
seating, and other improvements shown on the Final Landscape Plan shall be
installed to the satisfaction of the Development Services Department. (DSD)
52. 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. If all improvements cannot be installed prior to occupancy, the
City may approve a Deferred Improvement Agreement to defer the completion of the
improvements provided that a bond, cash deposit, or other surety in a form and
substance approved by the City Attorney, is submitted to the City in lieu of installation
of the improvements, that application and required fees are submitted, and that the
incomplete improvements will not create an unsafe condition on the site. The term of
the deferral shall be as determined by the Development Services Director. (DSD)
53. *Final Cultural Resource Reports. 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)
54. Final Development Services Inspection. Prior to application for a final occupancy
permit, 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. (DSD)
The following ongoing conditions shall be complied with at all times after completion of
the project.
55. Business License. The applicant, its contractor(s), tenants, or successors in interest
shall comply with the City's business license requirements. (DSD)
56. Site Maintenance. The applicant shall maintain all portions of the site, including
undeveloped areas, pursuant to Municipal Code requirements for property
maintenance. (DSD)
57. Noise. The applicant shall ensure that noise levels do not exceed levels permitted by
Section 9-3.531. Noise standards (residential and non-residential) of the Municipal
Code. (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW -ENG: Public Works -Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
*Denotes Environmental Mitigation Measure
Resolution #11-6-28-02 Conditions of Approval
AC 10-0361ZV 11-001/TRP 11-014, Mission SJC Gate House, Entry & Gift Shop Page 12 of 12
Applicant Acceptance of Conditions of Approval:
Applicant Signature
#xGGA k C a cU�e n Ca A&VltS
Applicant's name/title (print)
SCC co -Ave Rr\(-) cfv✓IIIQ c --
*Denotes Environmental Mitigation Measure
Date
EXHIBIT B
[VESOLUTIO 1
ARCHITECTURAL CONTROL. 10-036/SITE PLAN REVIEW 10-002/ZONE VARIANCE
11-001/TREE REMOVAL PERMIT 11-014, MISSION SAN JUAN CAPISTRANO GATE
HOUSE PRESERVATION, ENTRY AND GIFT SHOP
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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