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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