PC Resolution-08-08-12-02PC RESOLUTION NO. 08-8-12-2
CONDITIONAL USE PERMIT (CUP) 08-003
A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING THE USE OF THE CONGDON HOUSE
FIRST FLOOR AND GROUNDS FOR PUBLIC EDUCATIONAL EXHIBITS AND
DISPLAYS ON SUSTAINABLE AGRICULTURE, ECOLOGICAL DESIGNAND LOCAL
HISTORY LOCATED AT 32701 ALIPAZ STREET AND MORE PRECISELY REFERRED
TO AS ASSESSORS PARCEL NUMBER 121-190-57 (ECOLOGY CENTER SAN JUAN
CAPISTRANO)
Whereas, Evan Marks, 15 Belmont, Newport Beach, CA 92660 requests
approval for use of the historic Joel Congdon House first floor and grounds for educational
exhibits and displays to the general public on sustainable agriculture, ecological design and
the history of San Juan Capistrano located at. 32701 Alipaz Street, San Juan Capistrano,
CA 92675, APN 121-190-57; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Community Development Department has reviewed the project
pursuant to Section 15061 of the California Environmental Quality Act (CEQA) and issued
a Class 31 categorical exemption and will cause a Notice of Exemption to be posted
pursuant to Section 15062 of the CEQA Guidelines; and has otherwise complied with all
applicable provisions of the California Environmental Quality Act (CEQA); and,
Whereas, on July 29, 2008, the Cultural Heritage Commission conducted a
duly -noticed public meeting pursuant to Sections 9-2.327 and 9-2.339 of the Municipal
Code to consider public input on the associated site plan review application (SPR 08-001)
for the proposed project and unanimously approved SPR 08-001; and.
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA); and
Whereas, the Planning Commission conducted a duly -noticed public hearing
on August 12, 2008; 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:
PC Resolution 08-8-12-2 2 August 12, 2008
1. The project complies with the maps and policies of the General Plan because:
a. The proposed use is accessory to, and will not have an adverse impact on,
the primary agricultural use of the site.
b. Physical changes and enhancements to the surroundings of the Congdon
House comply with the Cultural Resources Element of the General Plan and
the Secretary of the Interior's Standards primarily because it will have
minimal impact on historic materials, is compatible with the site's historic
character, will appropriately address potential archaeological resources and
is reversible:
2. The proposed conditional use and design is consistent with the purpose, intent
and standards of the Land Use Code and any applicable specific plan or
comprehensive development plan, except as otherwise approved, because:
a. The proposed project complies with the,Agri-Business (A) zone regulated
under the provisions of Specific Plan (SP). 85-01, Kinoshita Farm, which
allows for the use as an accessory compatible use to the primary agricultural
production use at the site.
b. The number of parking spaces, dimensions, and drive aisle widths are all
consistent with City standards in the Land Use Code; setback and height
issues are not applicable to the project.
c. The project is consistent with the Cultural Resources/ Historic Preservation
Environmental Overlay zone district because it is consistent with the
Secretary of the Interior's Standards and the historic character of the site as
approved under SPR 08-001.
3. The proposed site for the use is adequate in. size and shape to accommodate all
yards, open spaces, setbacks, walls and fences, parking and loading areas, fire
and building code considerations, trash and recycling enclosures, and other
features pertaining to the application because:
a. The proposed project will occur at an existing historic developed site. There
are no project components that affect or involve yard, open space or setback
standards.
b. The project proposes parking and access in accordance with Land Use
Code, fire and building code requirements.
c. Adequate trash and recycling receptacles will be provided at the rear of the
structure and coordinated with the farm's existing trash service.
f
PC Resolution 08-8-12-2 3 August 12, 2008
4. The, proposed use and the on-going operation of the use are compatible with
abutting properties and the permitted uses thereof, and will not generate
excessive light, noise, vibration, odors, visual blight, traffic or other disturbances,
nuisances, or hazards because:
a. The proposed use and on-going operation is compatible with the abutting
farm on three sides and the existing residential uses on the east side of
Alipaz Street.
b. The proposed use will operate as an enhancement of the existing farm use
and will not create any additional impacts related to light, noise, vibration,
odors, visual blight or other disturbances, nuisances, or hazards etc.
5. The proposed site for the use has adequate access and parking to support the
use because:
a. The project will utilize and existing vehicular entry to the site and adequate
access and parking will be provided.
b. The use will not generate significant or excessive traffic, but a northbound
left turn lane is required through conditions to ensure the use does not
adversely interrupt traffic flow on Alipaz Street.
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.
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 4:30 p.m. on Wednesday, August
27, 2008. This project approval shall be valid for a period of two (2) years from the
effective date of this resolution, and shall expire on August 28, 2010 unless a time
extension request is submitted to the City, or a certificate of use and occupancy for the
establishment of the conditional use related to this discretionary approval is issued by the
City, prior to that. date.
PC Resolution 08-8-12-2 4 August 12, 2008
r
PASSED, APPROVED AND ADOPTED this 12th day of August, 2008, by the
following vote, to wit:
AYES: Commissioners Cardoza, Kerr and Chairman Cohen
NOES: None
ABSTAIN: None
ABSENT: Commissioner Neely and Vice-Chair Ratcliffe
Sheldon Cohen, Chairman
Grant Taylor, Ass ant Community Development
Director
RESOLUTION #: 08-8-12-2
EXHIBIT A
PLANNING COMMISSION CONDITIONS OF APPROVAL
Project #: CUP 08-003 Project Name: Ecology Center San Juan Capistrano
APPROVAL DATE:
August 12, 2008
EFFECTIVE DATE:
August 28, 2008
EXPIRATION DATE:
August 28, 2010
These conditions of approval apply to the Ecology Center San Juan Capistrano (CUP 08-
003) to allow educational displays and exhibits at the historic Joel Congdon House ground
floor and immediate surroundings located at 32701 Alipaz Street. Any proposed change of
use or expansion of the area or modifications to the site plan or structures shall be
submitted to the City Community Development Department along with the required
application and fee, for review. For the purpose of these conditions, the term "applicant"
shall also mean the site licensee or any successor(s) in interest to the terms of this
approval.
CUP 08-003 is granted to allow educational displays and exhibits at the
historic Joel Congdon House ground floor and immediate surroundings
located at 32701 Alipaz Street, generally located 300 feet north of the
intersection of Alipaz Street and Camino Del Avion (APN 121-190-57). This
approval is granted based on the application plans submitted by Evan Marks
received by the City on June 17, 2008, and the project description submitted
by Evan Marks on May 13, 2008 approved as submitted and conditioned
herein. These .plans and the proposed use of the project site are hereby
incorporated by reference into this approval 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 Community
Development Director pursuant to Section 9-2.303, Administrative Approvals
of Title 9, Land Use Code.
2. The project shall comply at all times with the executed license agreement
between the City and San Juan Family Farm Museum for the use of the Joel
Congdon House and grounds. Construction of the ADA improvements to
facilitate public access to the use, including but not limited to, ADA van
accessible parking space, path of travel to the Congdon House, ADA ramp,
ADA restroom and interior accessible path adjustments to door hardware,
etc., are not the responsibility of the applicant per the executed license
agreement between the City and San Juan Family Farm Museum. Said
improvements will be completed through the City's Capital Improvement
Program. (PLN)
3. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or. City regulations or
requirements.
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 2 of 9
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, or Community
Development Director. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its
own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
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. Sign approval for the project is a separate process requiring the issuance of
a sign permit and building permits, and is subject to review.and approval by
the Planning Division and Building Division. I
8. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions
and the plans or final revised plans that are approved for any subsequent
phase, the conditions and/or plans as stipulated in the later approval shall
prevail.
9. The applicant shall pay all fees at the time fees are determined payable and
comply with all requirements of the applicable federal, state, and local
agencies. The duty of inquiry as to such requirements shall be upon the
applicant.
10. The project is subject to the conditions of approval for SPR 08-001, approved
through Cultural Heritage Commission Resolution No. 08-7-29-2, and
attached hereto as Attachment 1 to Exhibit A. and incorporated herein by
reference.
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 3 of 9
The following conditions of approval shall be met prior to issuance of building
permits or commencement of work for the project:
11.1 Traffic Improvement Plan. Prior to issuance of building permits, the applicant
shall submit to the City Engineer for review and obtain approval for a Traffic
Improvement Plan prepared by a Registered Traffic Engineer. This plan shall
show street striping for the northbound left turn lane on Alipaz Street. (ENG)
12. Post Bond/Provide Securities. Prior to issuance of any building permits and a
right-of-way encroachment 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 striping. 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.
(ENG)
13. Traffic Control Plans. Prior to issuance of grading and right-of-way
improvement priority, the applicant shall submit to the City Engineer and
obtain approval for Traffic Control Plans for the northbound left turn lane
street striping. Any exception shall be subject to review and approval by the
City Engineer (ENG)
14. Revised Plans. Prior to issuance of a building permit the -applicant shall
submit a revised site plan to the Planning Department for approval which
incorporates changes approved by the Planning Commission and reflects
consistency with these conditions of approval and with the City's Design
Guidelines. Six copies of the revised site each plan are required, except as
otherwise authorized by the Planning Director. (PLN)
15. Final Landscape Plans. Prior to issuance of building permits, Final
Landscape Plans shall be submitted to the Planning Department for review
by the Design Review Committee. Final Landscape Plans shall show the
following information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material. Proposed
landscaping shall incorporate water conservation techniques and drought.
resistant plants.
b. Proposed irrigation system.
c. Revised layout of landscape in the California Heritage demonstration
garden to accommodate the existing weather'station. The applicant shall
coordinate with the City and any applicable agencies to the extent
feasible on potential methods to enhance the appearance of the weather
station enclosure either by reducing the footprint area of the fence
J
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 4 of 9
enclosure and/or improving the aesthetics of the fence enclosure
material. If able to obtain agency approval for the enhancements, then the
site plan shall show said enhancements.
16. Applicable Codes. Prior to issuance of building permits, plans for this project
shall be submitted to the Building and Safety Department for review and
approval, and shall comply with the latest City -adopted edition of the
applicable building codes. (B&S)
The following conditions and requirements shall be met during construction, from
the beginning of the first ground -disturbing activity until the use has been released
for occupancy.
17. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Traffic Control Plan
18. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6.30:00 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.(PLN)
19. 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. (ENG)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission to
use or occupy the project site, as specified below:
20. Installation of Landscaping. Prior to approval of final inspection the applicant
shall install all landscaping and irrigation. The developer 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. (PLN)
21. Consistency with Approved Plans. The project shall be constructed in
accordance with all the approved plans and conditions of approval, including
but not limited to site plan, floor plan and landscape/irrigation plans. (PLN)
22. 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
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 5 of 9
required and necessary to serve the development in accordance with the
approved plan and approved exceptions. (ENG)
The following ongoing conditions shall be complied with at all times after
completion of the project.
23. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
24. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements for
property maintenance. (PLN)
25. 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. (PLN)
26. The use may be operated daily, between the hours of 10:00 a.m. and 5:00
p.m. The use hours may extend to 10 p.m. up to two evenings per month, for
a total of up to 24 times per year. (PLN)
Responsible Agencies: B&S: . Building and Codes Division
ENG: Engineering Division
PLN: Planning Division
PW: Public Works Department
OCFA: Orange County Fire Authority
Date of Approval: August 12, 2008
Resolution No.: 08-8-12-2
Effective Date: August 28, 2008
Applicant Accept n e of Conditions of Approval:
Applicant Signature
BY:v�5
Applicant Name
Its: ��tCC�v�j �rtiec,
Title
Date
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 6 of 9
ATTACHMENT 1 TO EXHIBIT A
CULTURAL HERITAGE COMMISSION CONDITIONS OF APPROVAL
CHC RESOLUTION #: 08-7-29-2
Project #: SPR 08-001 Project Name: Ecology Center San Juan Capistrano
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
July 29, 2008
Same as CUP 08-003
Same as CUP 08-003
These conditions of approval apply to the Ecology Center San Juan Capistrano (SPR 08-
001) to allow educational displays and exhibits at the historic Joel Congdon House ground
floor and immediate surroundings located at 32701 Alipaz Street. Any proposed change of
use or expansion of the area or modifications to the site plan or structures shall be
submitted to the City Community Development Department along with the required
application and fee, for review. For the purpose of these conditions, the term "applicant"
shall also mean the site licensee or any successor(s) in interest to the terms of this
approval.
1. SPR 08-001 is granted to allow educational displays and exhibits at the
historic Joel Congdon House ground floor and immediate surroundings
located at 32701 Alipaz Street, generally located 300 feet north of the
intersection of Alipaz Street and Camino Del Avion (APN 121-190-57). This
approval is granted based on the application materials submitted by Evan
Marks received by the City on or after June 17, 2008. These plans are
approved as submitted and conditioned herein, and shall not be further
altered unless reviewed and approved by the affected city departments.
Minor modifications to this approval which are determined by the Community
Development Director to be in substantial conformance with the approved
plans, and which do not intensify or change the use or require any deviations
from adopted standards, may be approved by the Community Development
Director upon submittal of an application and the required fee. This project
approval shall.become effective following expiration of the fifteen (15) day
appeal period without filing of an appeal application and following Planning
Commission approval of the other associated discretionary request
(conditional use permit) and shall expire consistent with the expiration date of
the associated discretionary approval unless the use or occupancy which is
the subject of this action has taken place and all conditions of approval have
been met, or a time extension has been granted by.the City. Any application
for an extension of time shall be submitted to the Community Development
Department, along with the required fee, at least ninety (90) days prior to the
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 7 of 9
expiration date of this approval, except as otherwise approved by the
Community Development Director.
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal
documents, and designs shall be prepared, signed, and stamped (when
required) only by those individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San
Juan Capistrano and its officers, employees, and agents from and against
any claim, action; or proceeding against the City of San Juan Capistrano, its
officers, employees, or agents to attack, set aside, void, or annul any
approval or condition of approval of the City of San Juan Capistrano
concerning this project, including but not limited to any approval or condition
of approval of the City Council, Planning Commission, or Community
Development Director. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its
own option, to choose its own attorney to represent the City, its officers,
employees, and agents in the defense of the matter.
5. The applicant shall be responsible for informing all subcontractors,
consultants, engineers, or other business entities providing services related
to the project of their responsibilities to comply with these conditions of
approval and all pertinent requirements in the San Juan Capistrano Municipal
Code, including the requirement that a business license be obtained by all
entities doing business in the City.
6. This approval is. contingent upon the concurrent approval of CUP 08-003,
and shall become null and void upon denial of or the expiration of said
concurrent approval.
7. Sign approval for the project is a separate process requiring the issuance of
a sign permit and building permits, and is subject to review and approval by
the Planning Division and Building Division.
8. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail. If there are any disparities between these conditions
and the plans or final revised plans that are approved for any subsequent
phase, the conditions and/or plans as stipulated in the later.approval shall
prevail.
Resolution #08-8-12-2 Final Conditions of Approval
Project #CUP 08-003, Ecology Center SJC Date: August 12, 2008
Page 8 of 9
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 project shall comply at all times with the executed license agreement
between the City and San Juan Family Farm Museum or successor licensee
for the use of the Joel Congdon House and grounds. (PLN)
11. All fixtures and methods for displays shall be removable and shall not harm
existing historic materials to the satisfaction of the Historic Preservation
Manager. All operations shall ensure continuing compliance with the
Secretary of the Interior's Standards for the Treatment of Historic Properties
so as to preserve the integrity and National Register of Historic Places listing
of the Joel Congdon House and site. (PLN)
The following conditions of approval shall be met prior to issuance of building
permits or commencement of work for the project:
12. Archaeological Monitoring_ The applicant shall submit to the Planning
Department documentation that a qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County) has
been retained to monitor site clearing, grading, and excavation activities,
stating the name, qualifications, and contact information for the
archaeologist. (PLN)
13. Historic Depiction Program Plan. Ten copies of the final historic depiction
program including wording and images and sufficient information for review,
shall be submitted to the Historic Preservation Manager for review and
approval of the Cultural Heritage Commission pursuant to City Council Policy
606. Prior to issuance of a Certificate of Occupancy, the Historic Depiction
Program (HDP) shall be installed and inspected for compliance with the
approved design. The proposed historic timeline shall serve as the HDP for
the project. (PLN)
14. Surety for Tree Preservation. The applicant shall provide surety in the form of
a bond or other method as approved by the Community Development
Director and City Attorney, to ensure that trees to be preserved and/or
planted on the site are protected during construction and remain viable and
healthy for twenty-four (24) months after issuance of .a final certificate of
occupancy. (PLN)
15. Archaeological Monitor. A qualified archaeologist (defined as an
archaeologist on the List of Certified Archaeologists for Orange County) shall
be retained by the project applicant and shall be present at pre -construction
- meetings to advise construction contractors about the sensitive nature of
Resolution #08-8-12-2
Project #CUP 08-003, Ecology Center SJC
Final Conditions of Approval
Date: August 12, 2008
Page 9 of 9
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 bachelors degree in anthropology with archaeological monitoring
experience), supervised by the qualified archaeologist, shall observe on- and
off-site construction activities that result in grading, and/or excavating on or
below the original ground surface.
Monitoring is required for any depth of ground disturbing activities associated
with the project, with the exception of the previously disturbed agricultural
area designated for the California Heritage demonstration garden where only
activities extending deeper than 18" shall be monitored. Should nonhuman
cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert. construction activities until the qualified
archaeologist can determine if the resources are significant and, if significant,
until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and Safety
Code and §5097.98 of the Public Resources.Code have been implemented.
(PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission to
use or occupy the project site, as specified below:
16. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. (PLN)
17. Final Cultural Resource Reports. Prior to final inspection by the Community
Development Department, the applicant shall submit evidence that final
reports for any historical,, cultural, 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. (PLN)
Responsible Agencies: B&S: Building and Codes Division
ENG: Engineering Division
PLN: Planning Division
PW: Public Works Department
OCFA: Orange County Fire Authority