CHC Resolution-22-07-26-01CHC RESOLUTION NO. 22-07-26-01
SITE PLAN REVIEW (SPR) 22-005
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A REQUEST FOR SITE PLAN
REVIEW RELATED TO THE CONSTRUCTION OF A 1,152 SQUARE FOOT
DETACHED ACCESSORY STRUCTURE, A 431 SQUARE FOOT ADDITION TO THE
LOVE HOUSE, REMOVAL OF 702 SQUARE FEET OF LATTICE THAT IS ATTACHED
TO THE LABAT HOUSE, WHICH ARE WITHIN THE LOS RIOS HISTORIC DISTRICT
AS LISTED ON THE CITY'S IHCL AND NRHP; FINDING THAT THE PROPOSED
LAND USE IMPROVEMENTS ARE OF PHYSICAL AND AESTHETIC COMPATIBILITY
WITH ADJACENT INVENTORY OF HISTORIC & CULTURAL LANDMARKS LISTED
STRUCTURES AND PLACES, AS DESCRIBED IN CITY COUNCIL POLICY 603; AND
FINDING SAID ACTIONS EXEMPT FROM CEQA (APPLICANT: JOHN TAYLOR)
Whereas, John Taylor, 31661 Los Rios Street, San Juan Capistrano, CA
92675, requested approval of SPR 22-005 to construct a 1,152 sq. ft. accessory structure,
designed as a barn and consisting of a guest house with an attached workshop, and a
431 sq. ft. addition to the Love House on property located at 31661 Los Rios Street (APN
121-142-11) within the Los Rios Historic District as listed on the City's Inventory of Historic
& Cultural Landmarks (IHCL) and National Register of Historic Places (NRHP).
Additionally, the removal of 702 square feet of lattice and impervious concrete slab that
is attached to the entire north side of the Labat House is proposed to be replaced with
gardens. The subject site, which is located on the northwest corner of Ramos Street and
Los Rios Street, has a General Plan Land Use Designation of Specific Plan/Precise Plan
and Zoning designation of Specific Plan/Precise Plan, specifically regulated by the Los
Rios Specific Plan (SP 78-01 ); and,
Whereas, John and Marianne Taylor are the owners of real property located
at 31661 Los Rios Street (APN 121-142-11 ); 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 located within the Los Rios Historic District as
listed on the City's IHCL and NRHP; and
Whereas, this project has been reviewed in accordance with the California
Environmental Quality Act (CEQA). The City's Environmental Administrator has
determined that the whole of the project is categorically exempt from further review per
State CEQA Guidelines, Section 15303, Class 3, New Construction or Conversion of
Small Structures, which exempts construction and location of limited numbers of new,
small facilities or structures, including but not limited to a single family home and
accessory structure; this Project involves the construction a 1,152 sq. ft. accessory
structure, designed as a barn and consisting of a guest house with an attached workshop,
and a 431 sq. ft. addition to an existing 953 sq. ft. residential structure. Further, none of
CHC Resolution 22-07-26-01 2 July 26, 2022
the exceptions to the exemption apply. Specifically, the Project will not cause a substantial
adverse change in the significance of a historical resource. Although the Project involves
improvements to the Labat House and Love House in the Los Rios Historic District, those
structures are not listed individually as historic structures. The Project is architecturally
compatible with existing historically significant structures and is designed in conformance
with the Secretary of Interior standards. In the alternative, the City Environmental
Administrator has determined that the whole of the Project is categorically exempt from
further review per State CEQA Guidelines, Section 15331, Class 31, Historical Resource
Restoration/Rehabilitation, which exempts projects limited to 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer; the Project
involves the rehabilitation of historic resources that is consistent with the Secretary of the
Interior's Standard's for the Treatment of Historic Properties. Moreover, none of the
exceptions in State CEQA Guidelines, section 15300.2 applies. 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
Environmental Administrator's determination pursuant to Section 15051 of the California
Environmental Quality Act (CEQA); and,
Whereas,. the Cultural Heritage Commission conducted a duly-noticed
public hearing on July 26, 2022, 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 entire project
is categorically exempt from further review per State CEQA Guidelines, Section 15303,
Class 3, New Construction or Conversion of Small Structures, which exempts
construction and location of limited numbers of new, small facilities or structures, including
but not limited to a single family home and accessory structure; this Project involves the
construction a 1,152 sq. ft. accessory structure, designed as a barn and consisting of a
guest house with an attached workshop, and a 431 sq. ft. addition to an existing 953 sq.
ft. residential structure. Further, none of the exceptions to the exemption apply.
Specifically, the Project will not cause a substantial adverse change in the significance of
a historical resource. Although the Project involves improvements to the Labat House and
Love House in the Los Rios Historic District, those structures are not listed individually as
historic structures. The Project is architecturally compatible with existing historically
significant structures and is designed in conformance with the Secretary of Interior
standards. In the alternative, the Cultural Heritage Commission of the City of San Juan
Capistrano does hereby find that the entire project is categorically exempt from further
review per State CEQA Guidelines, Section 15331, Class 31, Historical Resource
Restoration/Rehabilitation, which exempts projects limited to maintenance, repair,
CHC Resolution 22-07-26-01 3 July 26, 2022
stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of
historical resources in a manner consistent 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; the Project
involves the rehabilitation of historic resourcHs that is consistent with the Secretary of the
Interior's Standard's for the Treatment of Historic Properties. Moreover, none of the
exceptions in State CEQA Guidelines, section 15300.2 applies. Consequently, no
additional environmental analysis is necessary to meet the requirements of CEQA.
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 use and design of the project is consistent with the goals, policies and
objectives of the General Plan, including the Community Design Element (COE)
and Cultural Reso urces Element (CRE). The project would be consistent with the
following:
• COE Policy 2. 1 Encourage development which complements the City's
traditional, historic character through site design, architecture, and landscaping
because the project's use of period appropriate architectural elements and
features, such as board and batten on the proposed accessory structure, would
complement the traditional and historic character of the city, as well as the
adjacent structures located within the Los Rios Historic District; and
• CRE Policy 1. 1 Balance the benefits of development with the project's potential
impacts to existing cultural resources because the proposed accessory
structure, addition to the Love House, and removal of non-original lattice on the
Labat House, would be complementary to the adjacent structures located within
the Los Rios Historic District and have minimal impact on the cultural resource.
The siting, height and scale, architectural elements, and materials of the
proposed accessory structure and Love House addition would be compatible
and consistent with the Los Rios Historic District.
Based on these factors, the project complies with the General Plan Community
Design Element and Cultural Resources Element goals and policies.
2. The project complies with applicable provisions of the Land Use Code and the Los
Rios Specific Plan (SP 78-01) because the project would meet all applicable
development standards, with exception to the deviation to the side and rear yard
setback requirements being pursued through a Setback Minor Exception request.
A condition of approval of the SPR has been added requiring approval of a Setback
Minor Exception. The project would be consistent with the following Los Rios
Specific Plan Design Goals and Polices:
CHG Resolution 22-07-26-01 4 July 26, 2022
Design Goal #3. The City will assure that new development is architecturally
compatible with existing historically, significant structures. The proposed project
has been designed to incorporate forms and materials that are historically
compatible and complimentary with the existing historically significant structures
located within the Los Rios Historic District; there are no on-site historically
significant structures. The proposed accessory structure, designed as a barn,
would incorporate board-and-batten wood siding and be provided with a barn red
color consistent with the existing period structures on site. Additionally, the addition
to the Love House would utilize materials and colors that would be compatible with
the existing Craftsman Bungalow structure. Therefore, the proposed project is
architecturally compatible with the existing historically significant structures found
throughout the Los Rios Historic District.
Design Policy #1. The City will encourage new buildings in the Specific Plan area
to respect natural site features including existing terrain and landscaping, in
particular mature specimen trees. The proposed accessory structure and addition
to the Love House have been sited so as to require no grading modifications to the
existing terrain or necessitate removal of mature landscaping. Therefore, the
project has been designed to comply with this design policy.
Design Policy #2. The City will expect the architectural style of new buildings and
additions to existing buildings to be consistent with existing styles including but not
limited to Monterey, Adobe, Craftsman bungalow, Victorian, and California
vernacular board-and-batten. The accessory structure, designed as a barn, would
incorporate board-and-batten wood siding and be provided with a barn red color,
consistent with the existing period structures on site. Additionally, the addition to
the Love House would utilize materials and colors that would be compatible with
the existing Craftsman Bungalow structure. Therefore, the project has been
designed to comply with this design policy.
Design Policy #4. In order to maintain the rural character of the area, the City will
promote single-story structures in the National Register Historic District. A
combination of one and two-story structures will be allowed outside the National
Register Historic District, however, two-story structures shall comprise no more
than one-third of the total number of new structures. The proposed accessory
structure has a peak height of 18' and is consistent with the single-story, rural
character promoted by the Specific Plan and within the height standard of the "HR"
Zone District. The proposed addition to the single-story Love House would have
the same peak height, 17'-3", of the existing structure. Therefore, the project has
been designed to comply with this design policy.
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 and the Los Rios Historic District, as the size,
scale, and design of the accessory structure and Love House addition would be
physically compatible with the existing structures and the character Los Rios
CHC Resolution 22-07-26-01 5 July 26, 2022
Historic District. Furthermore, the colors and materials are compatible with the
surrounding structures within the Los Rios Historic District.
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 (1995, Weeks and
Grimmer). Based on the proposed scope of work, the project's alterations to the
subject site are considered a Rehabilitation Project and therefore the following
standards 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 improvements include a
detached 1,152 sq. ft. accessory structure, designed as a barn and
consisting of a guest house with an attached workshop, a 431 sq. ft.
addition to the Love House, and the removal of 702 square feet of
lattice and impervious concrete slab that is attached to the entire
north side of the Labat House on a residential property located within
the Los Rios Historic District as listed on the City's IHCL and NRHP.
Although the spatial relationships that characterize the site would be
slightly altered, the change is not considered to be "character
altering".
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 historic character of the property would be retained and
preserved, as the material, color, and design to be used for the
accessory structure and Love House addition would be compatible
with those provided on the existing on-site structures. Additionally,
the project includes the removal of non-original lattice material from
the Labat House, further retaining and preserving the distinctive
materials and features that characterize the property.
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 would 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 to the property would not impact the historic
significance of the property because the proposed structures would
be constructed to be compatible with the historic nature of the site;
CHC Resolution 22-07-26-01 6 July 26, 2022
as such, the historic significance of the property would be retained
and preserved.
Standard 5. Distinctive materials, features, finishes, and construction techniques
or examples of craftsmanship that characterize a property will be
preserved. There would be no changes to distinctive materials
features, finishes, construction techniques or examples of
craftsmanship featured on the property.
Standard 6. Deteriorated historic features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a
distinctive 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. No repairs, restoration, replacement, or maintenance is
proposed to any distinctive features of the Love House or Labat
House.
Standard 7. Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage
to historic materials will not be used. Chemicals would not be used
for the proposed improvements.
Standard 8. Archaeological resources will be protected and preserved in place. If
such resources must be disturbed, mitigation measures will be
undertaken. Archaeological monitoring would be required for ground
disturbing activities, in accordance with City Council Policy 601.
Standard 9. New additions, exterior alterations, or related new construction will
not destroy historic materials, features, and spatial relationships that
characterize the property. The new work will be differentiated from
the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of the
property and its environment. The proposed project has been
designed to incorporate materials, color, and design that are
historically compatible and complimentary with the existing on-site
structures and with the Los Rios Historic District. Although the spatial
relationships that characterize the property would be slightly altered,
the change is not considered to be character altering for the property.
The project would not add conjectural features or elements from
other historic properties; therefore, it would not be construed as
creating a false sense of history.
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. If the proposed accessory
CHC Resolution 22-07-26-01 7 July 26, 2022
structure and addition to the Love House were 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 Site Plan
Review (SPR) 22-005, subject to those conditions of approval established by Exhibit A,
attached hereto and incorporated herein; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural
Heritage Commission of the City of San Juan Capistrano hereby determines that the
proposed land use improvements are of physical and aesthetic compatibility with adjacent
IHCL structures and places, as described in City Council Policy 603.
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, August 10,
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 August 10, 2023, 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.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2022.
~ ~
Ann Ronan, Chair
David Contreras, Principal Plann