CHC Resolution-19-04-23-01CHC RESOLUTION NO. 19-04-23-01
SITE PLAN REVIEW (SPR) 18-003
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR . SITE PLAN
REVIEW RELATED TO THE REMOVAL OF EXISTING WOOD SHINGLE ROOFING
PROVIDED ON THE STREET FACING ELEVATION TO BE REPLACED WITH NON-
WOOD ROOFING MATERIALS INTENDED TO MAINTAIN THE HISTORIC INTEGRITY
AND AESTHETIC OF THE EL ADOBE RESTAURANT, A LISTED STRUCTURE ON
THE CITY'S INVENTORY OF HISTORIC & CULTURAL LANDMARKS (IHCL) KNOWN
AS THE EL ADOBE RESTAURANT/JUZGADO/JOSE ANTONIO YORBA ADOBE
LOCATED AT 31891 CAMINO CAPISTRANO (APN 121-150-13) (APPLICANT: JOEY
TRUCKSESS, J.L. RAY COMPANY, INC.)
Whereas, Joey Trucksess of J.L. Ray Company, Inc., 1447 N. El Camino
Real, San Clemente, CA, requested approval of SPR 18-003 to remove the existing wood
shingle roofing provided on the street facing elevation and replace with non-wood roofing
materials intended to maintain the historic integrity and aesthetic of the El Adobe
Restaurant, a listed structure on the City's Inventory of Historic & Cultural Landmarks
(IHCL) known as the El Adobe RestauranUJuzgado/Jose Antonio Yorba Adobe located
at 31891 Camino Capistrano (APN 121-150-13). The subject property has a General Plan
Land Use Designation of General Commercial and has a Zoning Designation of Town
Center District; and,
Whereas, The San Juan Company are the owners of real property located
at 31891 Camino Capistrano (APN 121-150-13); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under Section 15331, Historical
Resource Restoration/Rehabilitation (Class 31). The entire project is exempt under
Section 15331 because this exemption consists of projects limited to the maintenance,
repair, stabilization, rehabilitation, restoration, preservation, conservation or
reconstruction of historical resources in a manner consistent with the Secretary of the
Interior's Standards for Treatment of Historic Properties. The Secretary of the Interior's
Standards define rehabilitation as, "the act or process of making possible a compatible
use for a property through repair, alterations, and additions while preserving those
portions or features which convey its historical, cultural, or architectural values." The
project is consistent with Section 15331 because the project involves the removal and
replacement of existing roofing materials (rehabilitation) of a structure listed on the City's
Inventory of Historical and Cultural Landmarks (IHCL) referred to as the El Adobe
RestauranUJuzgado/Jose Antonio Yorba Adobe. A Notice of Exemption (NOE) will be
posted should the project receive final approval; and,
CHC Resolution 19-04-23-01 2 April 23, 2019
Whereas, the Cultural Heritage Commission has considered the
Environmental Administrator's determination pursuant to Section 1507 4 of the California
Environmental Quality Act (CEQA), has considered all project environmental
documentation; and ,
Whereas, the Cultural Heritage Commission conducted a duly-noticed
public hearing on April 23, 2019, pursuant to Title 9, Land Use Code, Section 9-2 .302 to
consider public testimony on the proposed project and has considered all relevant public
comments; and
NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage
Commission of the City of San Juan Capistrano does hereby find that the project is
Categorically Exempt (Section 15331; Class 31 "Historical Resource
Restoration/Rehabilitation") from further review. Class 31 consists of projects limited to
the maintenance, repair, stabilization, rehabilitation, restoration, preservation,
conservation or reconstruction of historical resources in a manner consistent with the
Secretary of the Interior's Standards for Treatment of Historic Properties. The Secretary
of the Interior's Standards define rehabilitation as, "the act or process of making possible
a compatible use for a property through repair, alterations, and additions while preserving
those portions or features which convey its historical, cultural, or architectural values."
The project is consistent with Section 15331 because the project involves the removal
and replacement of existing roofing materials (rehabilitation) of a structure listed on the
City's Inventory of Historical and Cultural Landmarks (IHCL) referred to as the El Adobe
Restaurant/Juzgado/Jose Antonio Yorba Adobe.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano does hereby make the following
findings as established by, Subsection (c) of Section 9-2.327, Historical and Cultural
Landmark Site Plan Review of Title 9, Land Use Code of the City of San Juan Capistrano:
1. The project proposal complies with the maps and policies of the General Plan
because the modification to the historic structure is solely aesthetic and there is no
modification of the use or intensity of the existing structure/property. The scope of
work only includes the removal and replacement of roofing materials intended to
maintain the historic integrity and aesthetic of the building. The project is designed
to respect and preserve the historic character of the historic structure and to protect
or mitigate any potential impacts to the historic resource by providing substitute
roofing materials that would reproduce the overall appearance of the existing wood
shingle roofing materials. Based on these factors, the project complies with the
General Plan Cultural Resources Element goals and policies; and,
2. The project complies with applicable provisions of the Land Use Code because the
re-roof of the street-facing portion of the historic structure would not result in the
creation of any non-conformities; and
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, parking, colors, materials, paving, lighting, signage,
CHC Resolution 19-04-23-01 3 April 23. 2019
and landscaping, are compatible with the historic nature of the site, surrounding
district and/or historic period represented by the landmark, because the project
does not include any new construction, would not have any impacts on the existing
site design, and has been designed to avoid character altering changes to the
historic property. Additionally, the proposed roof material and color selected, Boral
Cedarlite 600 in Autumnwood color, would maintain the historic integrity and
aesthetic of the building; and
4. The project has been designed in conformance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings. Based on the
proposed scope of work, the project is considered a Rehabilitation and therefore
the following standards, in italics, apply:
Standard 1. A property will be used as it was historically or be given a new use
that requires minimal change to its distinctive materials, features,
spaces, and spatial relationships. The historic structure has been
utilized as a restaurant since 1948 and will continue to be utilized as
such. As a result, the property would continue to be used as it was
historically.
Standard 2. The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces
and spatial relationship that characterize a property will be avoided.
The project would not physically alter the historic El Adobe
Restaurant/Juzgado/Jose Antonio Yorba Adobe structure or any
other structures on-site. Further, the proposed roofing material, Baral
Cedarlite 600 with Autumnwood color, would maintain the historic
integrity and aesthetic of the building.
Standard 3. Each property will be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken. The project would
not add conjectural features or elements from other historic
properties; therefore, it will not be construed as creating a false
sense of history.
Standard 4. Changes to a property that have acquired historic significance in their
own right will be retained and preserved. The proposed
improvements would not impact the historic significance of the
property; as such, the historic significance of the property will be
retained and preserved.
Standard 5. Distinctive material, features, finishes and construction techniques or
examples of craftsmanship that characterize a property will be
preserved. The project has been designed with careful consideration
CHC Resolution 19-04-23-01 4 April 23, 2019
to ensure there would be no changes to distinctive materials
features, finishes, construction techniques or examples of
craftsmanship featured on the historic structure. The substitute
roofing material, Baral Cedarlite 600 with Autumnwood color, would
reproduce the overall appearance of the existing wood shingle
roofing.
Standard 6. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a
distinctive historic feature, the new feature will match the old in
design, color texture, and where possible, materials. Replacement of
missing features will be substantiated by documentary and physical
evidence. The existing wood shingle roofing material has
deteriorated beyond repair. Although using the same kind of material
is always the preferred option, a substitute material may be an
acceptable alternative if the form, design, and scale, as well as the
substitute material itself, can effectively replicate the appearance of
the existing material. The substitute roofing material, Baral Cedarlite
600 with Autumnwood color, would reproduce the overall
appearance of the existing wood shingle roofing.
Standard 7. Chemical or physical treatments, if appropriate, will be undertaken
using the gentles means possible. Treatments that cause damage to
historic materials will not be used. No chemical or abrasive cleaning
treatments are proposed.
Standard 8. Archaeological resources will be protected and preserved in place. If
such resources must be disturbed, mitigation measures will be
undertaken. No ground disturbing activity is proposed, thereby
making it highly unlikely that any archaeological resources would be
disturbed. Should any ground disturbing activity be necessary,
however, archaeological monitoring would be required in accordance
with City Council Policy 601.
Standard 9. New additions, exterior alteration, or relocated construction will not
destroy historic materials, features, and spatial relationships that
characterized the property. The new work shall be differentiated from
the old and will be compatible with the historic materials, features,
size, scale and proportion, and mass, to protect the integrity of the
property and its environment. The project is compatible with the
historic structure because the replacement roofing material, Baral
Cedarlite 600 with Autumnwood color, would maintain the historic
integrity and aesthetic of the building and would not destroy historic
materials, features, or spatial relationships that characterize the
property. Furthermore, there will be no physical alterations to the
original structure.
CHC Resolution 19-04-23-01 5 April 23, 2019
Standard 10. New additions and adjacent or related new construction will be
undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its
environment would be unimpaired. The project involves the
replacement of existing roofing materials and will not result in new
additions or construction. If the roofing material was to be removed
in the future the essential form and integrity of the historic property
and its environment would be unimpaired.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage 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 5:30 pm, Wednesday, May 8,
2019. This project approval shall be valid for a period of 1 year from the effective date of
approval of this resolution, and shall expire on May 8, 2020 unless a time extension
request or building permit application related to this discretionary approval is submitted
to 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.
Sergio Klotz, AICP, Assistant Development
Services Director/Secretary