PC Resolution-05-09-27-03PC RESOLUTION NO. 05-9-27-3
CONDITIONAL USE PERMIT (CUP) 05-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO CERTIFYING AN ADDENDUM TO A NEGATIVE DECLARATION AND
APPROVING A REQUEST TO CONVERT A RESIDENTIAL BUILDING TO A MUSEUM
USE FOR A 3.98 ACRE PARCEL LOCATED AT 31861 LOS RlOS STREET AND MORE
HOUSE MUSEUM
PRECISELY REFERRED TO AS ASSESSQRS PARCEL NUMBER 121-160-48, LECK
Whereas, the San Juan Capistrano Historical Society, 31 831 Los Rios Street,
San Juan Capistrano, CA 92675, has requested approval of a Conditional Use Permit to
allow the conversion of a residential building to a public/museum use on property located at
31 861 Los Rios Street which is General Plan-designated Specific Plan/Precise Plan
(SP/PP) and classified as Los Rios Specific Plan, Historic Residential (HR) on the Official
Zoning Map; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15164 of the California Environmental Quality Act (CEQA) and has required
preparation of an addendum to a previously approved Negative Declaration to incorporate
only minor changes or additions because there are no substantial changes to the project or
circumstances under which the project will be undertaken, and no new information of
substantial importance that was not known at the time the Negative Declaration was
approved, and has otherwise complied with all applicable provisions of the CEQA; and,
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Whereas, the Planning Commission has considered the Environmental
Administrator’s determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation; and,
Whereas, the Planning Commission conducted a duly-noticed public hearing
on September 27,2005, 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:
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1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically, the Cultural Resources Element because the
project will preserve a historically significant structure within the City, and, as
conditioned, will be compatible with the National Register Historic District within the
Los Rios Specific Plan area; and,
PC Resolution 05-9-27-3 2 September 27,2005
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2. The proposed project complies with all applicable provisions of the Land Use Code
and the Los Rios Specific Plan because a public/museum use is allowed subject to
approval of a conditional use permit.
3. The proposed public/museum use, with the specific conditions attached hereto as
Exhibit A, is compatible with adjacent permitted land uses for the Los Rios Specific
Plan HR district because:
a. The proposed museum use will be compatible with, and will be operated in
conjunction with, an existing museum on the adjacent site to the north.
b. The proposed museum use will be compatible with the single family
residential use on the adjacent site to the south because the museum
building will observe greater than minimum setbacks on the side adjacent to
the single family residence, and will be oriented with its main entrance facing
north.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby approves an addendum to a
previously approved negative declaration; and,
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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 (1 5) day appeal period without filing of
an appeal application. The appeal period shall expire at 5:OO p.m., Wednesday, October
12, 2005. This project approval shall be valid for a period of two (2) year from the date of
approval of this resolution, and shall expire on September 27,2007unless a time extension
request or buildinglgrading permit application related to this discretionary approval is
submitted to the City prior to that date.
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PC Resolution 05-9-27-3 3 September 27, 2005
PASSED, APPROVED AND ADOPTED this 271h day of September, 2005, by
the following vote, to wit:
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza,
and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
- Tim Neely, chairw
Molly BogaPlanhng Director, Secretary
RESOLUTION #: 05-9-27-3
EXHIBIT A
PLANNING COMMISSION CONDITIONS OF APPROVAL
Project #: CUP 05-01
APPROVAL DATE: September 27,2005
EFFECTIVE DATE: October 12,2005
Project Name: LECK HOUSE MUSEUM
EXPIRATION DATE: September 27,2007
These conditions of approval apply to Conditional Use Permit (CUP) #05-01 to allow the
conversion of the 1,641 square foot Arley Leck House from residential to
public/museum use on a 0.398 acre site zoned Historic Residential within the Los Rios
Specific Plan located at 31861 Los Rios 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 Planning Department along with the required application and fee, for review.
For the purpose of these conditions, the term “applicant” shall also mean the developer,
the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1- - CUP #05-01 is granted to allow the conversion of the 1,641 square foot
Arley Leck House from residential to public/museum use at 31861 Los
Rios Street site (APN 121-160-48). This approval is granted based on the
application materials submitted by the San Juan Capistrano Historical
Society and William Lyon Homes, Inc. on August 31, 2005: a narrative
description of the Leck House Museum prepared by the San Juan
Capistrano Historical Society, undated; on August 18, 2005: a grading
plan prepared by RBF Consulting on August 17, 2005; on June 8, 2005: a
landscape plan prepared by Margaret Carole McElwee Garden Design on
April 27, 2005 and a historical house color and materials sheet prepared
by William Hezmalhalch Architects on April 29, 2005; and on January 12,
2005: 11 X 17 existing and proposed photo and schematic elevation
exhibits prepared by William Hezmalhalch Architects, undated. These
plans and the proposed use of the site 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 Planning Director to be in
substantial conformance with the approved site plan, and which do not
intensify or change the use or require any deviations from adopted
standards, may be approved by the Planning Director upon submittal of an
application and the required fee. If not appealed, this approval shall
become effective on the first business day following the fifteenth (I 5‘h) day
after the date of the Planning Commission’s approval and shall expire
September 27, 2007 (24) months after the effective date of the approval
unless the use or occupancy which is the subject of this action has taken
Resolution #05-9-27-3
Project # CUP #05-07, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 2 of 12 id
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 Planning Department, along with the required
fee, at least ninety (90) days prior to the expiration date of this approval,
except as otherwise approved by the Planning Director.
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2.
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6.
7.
This approval, and concurrent approval of ZV #05-04, TRP #05-080 by
Resolution No. 05-9-27-4, makes effective the Cultural Heritage
Commission’s approval of SPR #05-02 by its Resolution No. 05-8-23-1.
The applicant shall demonstrate that all conditions of Resolution No. 05-8-
23-1 have been met to the satisfaction of the Planning Director.
Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
require men ts.
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.
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 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.
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.
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
Resolution W5-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 3 of 12
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approval by the Planning Department and Building and Safety
Department.
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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.
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.
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. The request for waiver of fees shall be submitted to City Council
for review.
All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department prior to
issuance of any permits, final inspections, utility releases and/or release of
securities, as specified in these conditions. (B&S)
The following conditions of approval shall be met prior to issuance of grading
permits for the project.
12. - Pav 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. (EN G)
13. __ 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. (ENG)
Resolution #05-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 4 of 72
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14. - Soils/Geologv. Prior to issuance of grading permit, the applicant shall
obtain approval for the submitted Soils RepotWGeotechnical 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. (ENG)
15. - 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. (ENG)
16. - Recvclinq/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. (ENG)
17. - NPDES -Water Qualitv Requirements and Compliance. 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, a
Water Quality Management Plan (WQMP) specifically identifying structural
and non-structural Best Management Practices (BMP’s) that will be used
on-site to control predictable pollutant runoff. The applicant shall obtain
and follow the City of San Juan Capistrano’s WQMP outline and
instructions. The applicant shall also comply with all the requirements of
the latest NPDES Permit, the City’s Water Quality Ordinance & Local
Implementation Plan and the Clean Water Act. (ENG)
18. __ Existing Easements. Prior to issuance of a grading permit, applicant shall
incorporate into the project design all existing easements within the project
boundaries, or obtain abandonment of said easements from the affected
easement holder(s). If this requirement cannot be accomplished, the
project shall be redesigned accordingly as approved by the City. (ENG)
Resolution #05-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 5 of 12
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19. - Archaeolonical Monitoring. Prior to issuance of a grading permit for
additional site work surrounding the Leck House, the applicant shall
submit to the Planning Department documentation that a qualified
archaeologist has been retained to monitor site clearing, grading, and
excavation activities, stating the name, qualifications, and contact
information for the archaeologist. (PLN)
The following conditions shall be completed prior to or in conjunction with the
issuance of building permits:
20.
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- Revised Plans. Prior to issuance of a building permit for modifications to
the Leck House to accommodate the museum use, the applicant shall
submit a revised site plan, landscape plan and building color exhibits to
the Planning Department for approval by the Design Review Committee
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 each revised planlexhibit are
required, except as otherwise authorized by the Planning Director. (PLN)
a. Floor plans shall be submitted showing the proposed use of the
structure in substantial conformance with the narrative submitted on
San Juan Capistrano Historical Society letterhead and date stamped
August 31, 2005.
b. The building color palette shall be consistent with the Craftsman
architectural style in tones of sage green.
c. The landscape plan shall show the following:
i. Hardscape materials of decomposed granite with a bonding agent,
CU-soil, or similar material to provide a more natural appearance.
ii. A plant layout and palette that is more compatible with the rural and
informal character of the Historic District for the area in front of the
relocated structure, and to the south side of the Silvas Adobe.
iii. Elimination of the proposed Craftsman arbor and pergola elements.
iv. Installation of additional screening trees between the relocated
structure and Los Rios Street.
v. Required trees per Condition No. 3 of Resolution No. 05-9-27-x, ZV
05-04, TRP 05-080.
Resolution #05-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 6 of 12
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22. -
23. -
Prior to issuance of a building permit for modifications to the Leck House
to accommodate the museum use, the applicant shall demonstrate that
the Cultural Heritage Commission and City Council have acted on the
request to add the Arley Leck House to the Inventory of Historic and
Cultural Landmarks. (PLN)
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, including the State Historical Building
Code. (B8S)
Building Construction Plans. Prior to issuance of building permits for
modifications to the Leck House to accommodate the museum use, the
applicant shall submit final construction plans, building elevations and floor
plans to the Building and Safety Department for review and approval by all
applicable departments. Such plans shall be fully dimensioned and in
substantial conformance with those plans approved by the Design Review
Committee, and/or Planning Director (as applicable). Plans shall address
the following: (PLN)
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. Elevations shall note that all exterior exposed gutters and downspouts
must be painted to match the surface to which they are attached. The
elevations shall also show the use of authentic materials, colors and
finishes.
Resolution #05-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 7of 12
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d. 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. The plans shall comply with the Secretary of the Interior’s Standards
for Rehabilitation of historic buildings.
f. The floor plans and building color palette shall comply with the plans
approved by the Design Review Committee.
24. - On-Site Utilitv Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer, and shall obtain approval for a Site Plan prepared by a
Registered Civil Engineer showing the sewer and water service lines and
their corresponding points of connection with the City public main lines.
The site plan shall be specific to the project which reflects consistency
with the City’s Sewer and Water standards. (ENG)
25 - Drv 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.
26. - 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.
Resolution #05-9-27-3
Project # CUP #0501, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 8 of 12
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28. -
29. -
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h.
All trees on site to be removed and retained. Tree removals shall
comply with the City’s Tree Permit requirements and the approved
Tree Removal Permit (TRP # 05-080).
Turf areas shall be limited in area in designed to minimize overspray.
Turf areas shall be separated from non-turf areas by a mow strip or
header.
Backflow devices and utility pedestals shall be located so as to be
visually inconspicuous, or screened with landscaping.
Decorative hardscape and walkways, indicating materials and colors.
Location, height, materials and colors of all proposed and existing
walls and fences.
Location and details for all street furniture, including bicycle racks,
benches, water features, trash receptacles, historic depiction devices
(brass marker plaque), etc.
Consistency with the landscape plans approved by the Design Review
Committee per Condition No. 19.
Suretv for Tree Preservation. The applicant shall provide surety in the
form of a bond or other method as approved by the City Planner 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 six (6)
months after issuance of a final certificate of occupancy. (PLN)
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)
Fire Access Roads. Prior to the issuance of a building permits, the
applicant shall submit a Fire Master Plan and obtain approval of the
Orange County Fire Authority for all fire protection access roads to within
150 feet of all portions of the exterior of every structure on site. The plans
shall indicate the locations of red curbs and signage and include a detail of
the proposed signage including the height, stroke and colors of the
lettering and the contrasting background. The plans shall also indicate the
Resolution #5-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 9 of 12
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location(s) of all fire hydrants proposed for the project. Please contact the
OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the
“Guidelines for Emergency Access.” (OCFA)
30. - “Historic Depiction Pronram/Monumentation Plan. Prior to issuance of any
building permits, thirteen copies of the historic depiction program (HDP),
including wording on all monumentation and exhibits, shall be submitted to
the Historic Preservation Manager for review and approval pursuant to
City Council Policy 606. The HDP shall consist of the following: (PLN)
a. An exterior permanent brass marker plaque, as required by the Los
Rios Specific Plan, that provides a brief history of the Leck House, its
original location, and date of relocation. Prior to the issuance of a
Certificate of Occupancy, the plaque shall be installed and inspected
for compliance with the approved design.
b. A photographic and narrative exhibit for interior display in the Leck
House Museum describing the history of the Leck House and its
relocation, and showing historical and contemporary photographs of its
original location and new location. Within 180 days of the issuance of a
Certificate of Occupancy, the interior HDP shall be installed and
inspected for compliance with the approved design.
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.
31. - Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Haul Route Plan
b. Construction Debris Recycling Plan
c. Relocation Plan and Encroachment Permit(s)
32. - Pre-construction Meeting. Contractor shall attend a pre-construction
meeting with the Building and Safety Department, Planning Department
and archaeological monitor prior to commencement of any construction on
the site. (B&S)
Resolution #05-9-27-3
Project # CUP #05-01, Leck House Museum
Final Conditions of Approval
Date: September 27, 2005
Page IO of 12
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Drainage Problems. During the entire grading a construction operation,
the applicant shall adhere to the following conditions to address
unforeseen drainage issues: (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. (ENG)
b. Any grading work beyond the limits of grading shown on the approved
grading plans shall require a written approval from the City Engineering
and Building Director and shall be subject to supplemental
Geotechnical Soils Report and additional fees. (ENG)
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)
Construction hours. Construction hours shall be limited to 7:OO a.m. to
6:30 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)
All aspects of the project shall comply with the Secretary of the Interior’s
Standards for Rehabilitation of Historic Properties and applicable National
Register standards, guidelines and bulletins to the satisfaction of the
Planning Director. (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:
37. - Complete all Improvements to the Citv’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. (ENG)
38. - Installation of Landscaping. Prior to approval of final inspection the
applicant shall install all landscaping and irrigation. The applicant shall
provide a certification, from a licensed Landscape Architect, stating that
Resolution #05-9-27-3
Project # CUP #05-01, Leek House Museum
Final Conditions of Approval
Date: September 27, 2005
Page I1 of 12
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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 Planning Department. (PLN)
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41. -
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 City Planner. (PLN)
Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the applicant shall submit final reports, if applicable, for any
historical, cultural, archaeological or paleontological resources recovered
from the project site during grading or construction. Reports shall include
information on disposition of resources. (PLN)
Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
The following ongoing conditions shall be complied with at all times after
completion of the project.
42. - Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
43. - Business License. The applicant, tenants, or successors in interest shall
comply with the City’s business license requirements. (PLN)
44. - Future Parking Demand. In the event that future land uses require
additional parking, the applicant must obtain the necessary land use
Resolution W5-9-27-3
Project # CUP #05-01, Leek House Museum
Final Conditions of Approval
Date: September 27, 2005
Page 12 of 12
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approval that demonstrates that sufficient parking is being provided for all
land uses within the building or on the property. (PLN)
45. - The proposed museum use may be operated daily, between the hours of
1O:OO a.m. and 4:OO p.m. (PLN)
Responsible Agencies: B&S Building and Safety
ENG = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: September 27, 2005
Resolution No.: 05-9-27-3
Effective Date: October 12, 2005
Applicant Acceptance of Conditions of Approval:
By: 2-
Applicant Name Date
Its: UP
Title