CHC Resolution-21-12-21-01CHC RESOLUTION NO. 21-12-21-1
SITE PLAN REVIEW (SPR) 21-004
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 DEMOLITION OF A DETACHED ACCESSORY
STRUCTURE DESIGNED AS A BARN LOCATED ON PROPERTY LISTED ON THE
INVENTORY OF HISTORIC & CULTURAL LANDMARKS (IHCL) AND NATIONAL
REGISTER OF HISTORIC PLACES, DOMINGO YORBA ADOBE AND CASA MANUEL
GARCIA ADOBE LOCATED AT 31843 CAMINO CAPISTRANO (APN: 121-150-28, 29
AND 30)(APPLICANT: DAN ALMQUIST)
Whereas, Dan Almquist, 31791 Los Rios Street, San Juan Capistrano, CA,
92675, requested approval of SPR 21-004 to demolish an accessory structure, designed
as a barn on property located at 31843 Camino Capistrano (APN 121-150-28, 29 and 30)
as listed on the City's Inventory of Historic & Cultural Landmarks (IHCL) and National
Register of Historic Places, Domingo Yorba Adobe and Casa Manuel Adobe. The subject
site, which is located mid-block along westside of Camino Capistrano, between Del
Obispo Street and Verdugo Street, has a General Plan Land Use designation of General
Commercial and Zoning designation of Town Center (TC); and,
Whereas, Dan Almquist, on behalf of the Roman Catholic Bishop of Orange
are the owners of real property located at 31843 Camino Capistrano (APN 121-150-28,
29 and 30); and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas, the property is listed on the City's Inventory of Historic & Cultural
Landmarks (IHCL) and National Register of Historic Places, Domingo Yorba Adobe and
Casa Manuel Adobe; and
Whereas, The City's Environmental Administrator has determined that the
entire project is categorically exempt from further review under Section 15332, Class 32,
In-fill Development Projects, because the proposed project is consistent with the
applicable general plan designation and all applicable general plan policies as well as
with applicable zoning designation and regulations, the project site has no value as
habitat for endangered, rare or threatened species, approval of the project would not
result in any significant effects relating to traffic, noise, air quality, or water quality, and
the site can be adequately served by all required utilities and public services.
Consequently, staff finds that no additional environmental analysis is necessary to meet
the requirements of the CEQA. A Notice of Exemption (NOE) will be posted should the
project receive final approval; and,
Whereas, the Cultural Heritage Commission has considered the
CHC Resolution 21-12-21-01 2 December 21 2021
Environmental Administrator's determination pursuant to Section 1507 4 of the California
Environmental Quality Act (CEQA); and,
Whereas, the Cultural Heritage Commission conducted a duly-noticed
public hearing on December 21, 2021, 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 15332; Class 32 "In-fill Development Projects") from
further review.
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 complies with the maps and policies of the General Plan because the
proposed project is consistent with the goals, policies and objectives of the General
Plan, including the Cultural Resources Element (CRE). The project would be
consistent with the following:
• Insure proper mitigation of impacts or potential impacts to previously unknown
cultural resources during construction (i.e. provide for on-site monitoring) and
recording the presence of all significant historic resources.
• Forbids damage of any kind to any resource listed in the City's Inventory of
Historical & Cultural Landmarks (IHCL) without first obtaining City approval.
Based on these factors, the project complies with the General Plan Cultural
Resources Element.
2. The project complies with applicable provisions of the Land Use Code because the
project requires the application and approval of a historical and cultural landmark
site plan review pursuant to Title 9 (Land Use Code), Section 9-2.327. The
applicant has requested demolition of the accessory barn structure via application
for site plan review in compliance with the required findings for approval.
3. All aspects of the proposed site design, including building orientation and
placement, massing, access, colors, materials, paving, and lighting are compatible
with the historic nature of the site. While the request is to demolish an existing
accessory structure, both the Garcia and Yorba Adobes would be left intact with no
alterations.
4. The Secretary of the Interior's Standards for the Treatment of Historic Properties
address preservation, rehabilitation, restoration, and reconstruction of historic
CHC Resolution 21-12-21-01 3 December 21. 2021
buildings, the request is to demolish and remove an accessory structure.
Consistent with the National Park Service administration of the Historic American
Buildings Survey (HASS), documentation of the accessory structure will provide a
permanent record thereby provides recognition and appreciation of the historic
resource. In order to archive the structure, the applicant has included materials
that aid in preserving by providing extensive interior and exterior photos, and
architectural plans. Additionally, SPR 21-004 includes conditions to further archive
the barn structure's architectural heritage equivalent to the Historic American
Buildings Survey (HASS) by providing documentation through drawings, history
and photography. Therefore, the project as conditioned, is 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 (1995, Weeks and Grimmer).
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby approves Site Plan
Review (SPR) 21-004, subject to those conditions of approval established by Exhibit A,
attached hereto and incorporated herein; and
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, January
5, 2022. 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 December 21, 2022 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 lotz, AICP, Assistant Development
Services Director/Secretary
Project#:
Project Name:
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
EXHIBIT A
RESOLUTION#: 21-12-21-1
CONDITIONS OF APPROVAL
SPR 21-004
Yorba Garcia Barn
December 21, 2021
January 6,"2022
January 6, 2023
These conditions of approval apply to Site Plan Review (SPR) 21-004, a request to
demolish and remove an existing accessory structure, designed as a barn at the rear of
property listed on the City's Inventory of Historic & Cultural Landmarks (IHCL) and
National Register of Historic Places, Domingo Yorba Adobe and Casa Manuel Garcia
Adobe on property located at 31843 Camino Capistrano (APN 121-150-28, 29 and 30).
Any proposed changes to this approval shall be submitted to the City Development
Services Department, along with the required application and deposit or fee, for review.
For the purpose of these conditions, the term "applicant" shall also mean the owner or
any successor(s) in interest to the terms of this approval.
Planning
1. Site Plan Review (SPR) 21-004 is granted to allow for the demolition and
removal of an existing accessory structure, designed as a barn at the rear
of property listed on the City's Inventory of Historic & Cultural Landmarks
(IHCL) and National Register of Historic Places, Domingo Yorba Adobe
and Casa Manuel Garcia Adobe on property located at 31843 Camino
Capistrano (APN 121-150-28, 29 and 30). Approval is granted based on
the application materials submitted by Dan Almquist on November 18,
2021. Said materials 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 Development Services 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 Development Services Director upon submittal of an
application and the required deposit or fee. If not appealed, this approval
shall become effective on the first business day following the fifteenth
(151h) day after the date of Cultural Heritage Commission approval and
shall expire twelve (12) months after the approval unless the action 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 Development
Services Department, along with the required deposit or fee, at least
ninety (90) days prior to the expiration date of this approval, except as
otherwise approved by the Development Services Director.
Cultural Heritage Commission Resolution 21-12-21-1
SPR 21-004
Yorba Garcia Barn
Conditions of Approval
December 21 , 2021
Page 2of4
2. Approval of this application does not relieve the applicant from complying
with other applicable Federal, State, County or City regulations or
requirements.
3. Within 90 days of approval of SPR21-004, prepare and submit to the
Development Services Department documentation of the barn accessory
structure providing a permanent record in recognition and appreciation of
the historic resource. The documentation shall be prepared by a qualified
historian describing the historic role and significance of the structure to
supplement the photographs and drawings submitted.
4. The applicant shall make every effort to salvage architectural elements of
the barn accessory structure. Any salvaged elements shall be cleaned and
kept in storage, and re-used on-site.
5. Archaeological Monitoring. If the project requires ground disturbance of
more than 18 inches the applicant shall submit to the Development
Services Department documentation that a qualified archaeologist has
been acquired to provide monitoring services. 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 cultural resources located on and/or in the
vicinity of the project site, as well as monitoring requirements. A qualified
monitor (defined as an individual with a Bachelor's degree in anthropology
with archaeological monitoring experience), supervised by the qualified
archaeologist, shall observe on-and off-site construction activities that
result in grading, and/or excavating on or below the original ground
surface (including during project-related off-site utility [natural gas,
electricity, sewer, water, drainage, communications, etc.] and roadway
improvements). Should nonhuman cultural resources be discovered, the
monitor shall have the power to temporarily halt or divert construction
activities until the qualified archaeologist can determine if the resources
are significant and, if significant, until recovered by the archaeologist. In
the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of §7050.5 of the Health and
Safety Code and §5097.98 of the Public Resources Code have been
implemented.
6. Native American Monitor. If the project requires ground disturbance of
more than 18 inches a Native American monitor shall observe
construction/ grading activities (including during project-related off-site
utility [e.g., natural gas, electricity, sewer, water, drainage,
communications, etc.] and roadway improvements). The Native American
monitor shall consult with the archaeological monitor regarding objects
Cultural Heritage Commission Resolution 21-12-21-1
SPR 21-004
Yorba Garcia Barn
Conditions of Approval
December 21 , 2021
Page 3 of 4
and remains encountered during grading that may be considered sacred
or important. In the event that evidence of human remains is discovered,
the Native American monitor shall verify that the archaeologist has notified
the Coroner
7. 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, Cultural
Heritage 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.
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 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.
10. 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.
11 . Pursuant to Section 8-2.04 of the Land Use Code, the project shall ensure
that all construction activities, which includes the delivery and/or recovery
of materials, supplies or construction equipment, shall be conducted in
accordance with the prescribed hours of operation as follows
Cultural Heritage Commission Resolution 21-12-21-1
SPR 21-004
Yorba Garcia Barn
Monday through Friday
Saturday
Conditions of Approval
December 21, 2021
Page 4of4
7:00 a.m. to 6:00 p.m.
8:30 a.m. to 4:30 p.m.
Construction activity is prohibited on Sundays and on any federal
holiday unless waived by the Building Official.
12. The applicant shall schedule a final inspection by the Planning
Department a minimum of two days prior to final inspection by the Building
and Safety Department.
Date of Approval: December 21, 2021
Resolution No.: 21-12-21-1
Effective Date: January 6, 2022
Applicant Acceptance of Conditions of Approval:
By:
Applicant/ Agent Date