REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Title
Public Hearing: Consideration of a Historic Resource Property Designation for the Tiburcio Vásquez Gravesite Located in Santa Clara Mission Cemetery
Report
BACKGROUND
At its meeting on March 5, 2026, the Historical and Landmarks Commission (HLC) considered the designation of the gravesite of Tiburcio Vasquez, located within the Santa Clara Mission Cemetery, as a local landmark pursuant to the Historic Preservation Ordinance (Chapter 18.130 of the Zoning Ordinance). Following discussion, the Commission voted to move forward with nomination of the gravesite for local landmark designation at a subsequent meeting.
DISCUSSION
The purpose of this agenda item is for the Commission to consider the historical significance of the gravesite and take action on the nomination in accordance with Section 18.130.040 of the Zoning Ordinance. Section 18.130.040 establishes the criteria and process for designation of properties to the City’s Historic Resource Inventory (HRI), including buildings, structures, objects, and sites. The proposed designation pertains specifically to a gravesite, which is considered a site under the ordinance and represents a distinct resource within the Santa Clara Mission Cemetery property.
Biographical Summary
City Historian Lorie Garcia provided the attached biographical summary (Attachment 1), summarized below.
Tiburcio Vásquez (1835-1875) was born in Monterey, California, during the period of Mexican governance in Alta California. He was the son of a Californio family descended from early Spanish/Mexican settlers who participated in the establishment of Mission Santa Clara, the Presidio of San Francisco, and the Pueblo of San José. He was raised in a bilingual (Spanish and English) environment and lived through the transition of California from Mexican to United States control following the Mexican-American War and the Treaty of Guadalupe Hidalgo in 1848.
As an adult, Vásquez became known for a series of criminal activities, including robbery and burglary, for which he was arrested, convicted, and imprisoned. After his release from prison, he continued engaging in criminal conduct and became widely known throughout California as an outlaw in the 1860s and early 1870s. He was captured in 1874, convicted of murder in connection with a robbery incident, and was executed by hanging in San Jose, California, in 1875. He is buried in the Santa Clara Mission Cemetery.
Vásquez’s legacy is historically recognized as complex. He has been characterized in historical accounts and popular narratives both as an outlaw and as a figure associated with the experiences of Californios during the transition to American governance. His life and story have been the subject of continued historical interpretation, cultural references, and public interest.
Designation Criteria and Eligibility
To be eligible for designation, the site must meet all of the following criteria:
• Age: The gravesite is over 50 years old and therefore meets the minimum age threshold for consideration.
• Historic Integrity: The gravesite retains sufficient integrity to convey its historical significance, including its location within the cemetery, its physical characteristics, and its association with the individual interred.
• Significance: The gravesite demonstrates historical and cultural significance through its direct association with Tiburcio Vasquez. As such, it meets the applicable significance criteria as defined in the General Plan, particularly with respect to historical and cultural importance.
As a site-specific designation, the boundaries of the proposed HRI resource are limited to the gravesite itself rather than the entirety of the cemetery property. This approach is consistent with the Zoning Ordinance, which allows for designation of individual sites that possess independent historical significance.
In addition to meeting the designation criteria, the Zoning Ordinance establishes a formal process for designation, which may be initiated by the HLC, the property owner, or the City Council. For HLC-initiated nominations, the property owner must be notified and provide written consent for the designation to proceed. Given the unique circumstances of this request, staff is coordinating with cemetery representatives to determine whether any next of kin should also be notified, as this is a privately owned gravesite located within a private cemetery.
Based on the information provided, the gravesite meets the criteria for consideration as a historic resource under Chapter 18.130 of the Zoning Ordinance. As this is an HLC-initiated designation, the HLC must consider the historical significance of the site and provide a formal recommendation to the City Council regarding its nomination for local landmark designation.
Subsequent to landmark designation, the HLC may consider opportunities for memorialization at the gravesite, such as the installation of a biographical plaque or other interpretive signage, subject to applicable approvals and coordination with the property owner.
RECOMMENDATION
Recommendation
There is no staff recommendation.
ATTACHMENTS
1. Tiburcio Vasquez Biography
2. Historic Preservation Ordinance