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CHC Resolution-13-05-28-01CHC RESOLUTION NO. 13-05-28-01 SITE PLAN REVIEW (SPR) 12-003 A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE DEMOLITION OF A 450 SQUARE FOOT WOOD SHED STRUCTURE LOCATED BEHIND THE_GARCIA ADOBE ON A PROPERTY THAT IS LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES (NRNP) AND THE CITY'S INVENTORY OF HISTORIC AND CULTURAL LANDMARKS (IHCL), AT 31871 CAMINO CAPISTRANO, AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER (APN) 121-150-30, (GARCIA ADOBE WOOD SHED DEMOLITION) Whereas, Birtcher Anderson Properties, Inc. requests approval to demolish a 450 square foot wood shed structure located behind the Garcia Adobe on a property that is listed on the National Register of Historic Places (NRNP) and the City's Inventory of Historic and Cultural Landmarks (INCL); and, Whereas, the proposed project has been processed pursuant to Section 9-2.301, Development Review of the Land Use Code; and, Whereas, the Development Services Department has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act (CEQA). Pursuant to Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, the project qualifies for a categorical exemption from CEQA because the activity is covered by a general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and has otherwise complied with all applicable provisions of CEQA; and, Whereas, the Cultural Heritage Commission has considered the environmental determination pursuant to Section 15074 of the California Environmental Quality Act (CEQA); and, Whereas, the Cultural Heritage Commission conducted a noticed public hearing on May 28, 2013, pursuant to the provisions of Title 9, Land Use Code, Sections 9-2.327 and 9- 2.302(f), to consider public testimony on the proposed project. NOW, THEREFORE, BE IT RESOLVED, that the Cultural Heritage Commission of the City of San Juan Capistrano does hereby make the following findings: 1. The project complies with the maps and policies of the General Plan because the shed out -building is determined not be a historically significant (as identified in finding #4 below), and therefore, the demolition of the structure would not have a negative impact on the Garcia Adobe and the surrounding site, which is listed on the NRHP and the IHCL. 2. The project complies with applicable provisions of the Land Use Code and with any applicable specific plan or comprehensive development plan because no new use or structure is being proposed, and the project has been processed according to 9-2.327 Historic and cultural landmark site plan review; and, CHC Resolution 13-05-28-01 2 May 28, 2013 3. All aspects of the proposed site design, including building orientation and placement, massing, access, parking, colors, materials, paving, lighting, signage, 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 and would, therefore, not have any impacts on the existing site design. 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), because the structure is determined not to be a significant resource because it is not associated with the lives of persons important to local, California, or national history; it does not embody the distinctive characteristics of a type, period, region, or method of construction, nor does it possess high artistic value; and it has not potential to yield information important to the prehistory or history of the local area, California, or the United States. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Cultural Heritage Commission of the City of San Juan Capistrano hereby approves the project subject to the condition that the applicant secure the required demolition permit from the Development Services Department's Building Division prior to proceeding with any demolition. Salvaging of any building material is not subject to any City -issued permit. 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 5:00 p.m., Wednesday, June 12, 2013. This project approval shall be valid for a period of 1 year from the date of approval of this resolution, and shall expire on May 23, 2014. A time extension request or subsequent permit applications related to this discretionary approval must be submitted to the City prior to that date. PASSED, APPROVED AND ADOPTED this 28th day of May, 2013, by the following vote, to wit: AYES: Chair DeHaan, Vice -Chair Banda, Commissioners Porter and Gildea NOES: I Commissioner Siegel ABSTAIN: Rhonda DeHaan, Chair Nic Taylor, s ciate Planner, C mission a retary