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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