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CHC Minutes-2008-01-22MEMORANDUM January 24, 2008 TO: Dave Adams, City Manager Steven Apple, Planning Director FROM: Teri Delcamp, Historic Preservation Manager%° Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of January 22, 2008 This memorandum summarizes the actions taken by the Cultural Heritage Commission at their Tuesday, January 22 meeting. No action is required unless the City Council wishes to hold special review of an item. CALL TO ORDER Acting Chair Porter called the meeting to order at 5:00 p.m. ROLL CALL Present: Lorie Porter, Acting Chair Jess Andrews Nathan Banda Alana Jolley Janet Siegel Absent: Don Tryon, Chair (excused) Ed Nunez, Vice -Chair (excused) Staff: Teri Delcamp, Cultural Heritage Commission Secretary Steven Apple, AICP, Planning Director ORAL COMMUNICATIONS None OLD BUSINESS Consideration of Site Plan Review (SPR) 07-001. Mission Rectory Garden (continued from November 27, 2007) (Applicant: Mission San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation that the CHC continue the project until March 25, 2008. The project includes modifications to a historic site including but not limited to installation of landscape, hardscape, and accessory structures located adjacent to the priests' residence (Rectory) in the area north of the Serra Gate and the wall defining the north end of the publicly accessible cemetery at the Mission San Juan Capistrano located at 26801 Ortega Highway. Dave Adams, City Manager 2 January 24, 2008 The project is incomplete and requires additional information to be submitted to the Cit for staff review. Revised plans were submitted along with a draft historic study regarding the project area and an analysis of the project's ability to comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The historic study indicates the project area is within the boundary of the Mission cemetery, and the analysis indicates that the project may not comply with all of the Standards. Staff is in the process of reviewing those submittals. If the project is able to be deemed complete in the near future, there would still be at least 30 days needed for public review of an environmental document for the project. The Mission submitted a written request for a continuance and staff concurs with the request to continue the project to March 25, 2008. Jane Olinger, representing the California Cultural Resource Preservation Alliance, Inc. (CCRPA), voiced strong concerns about the project's violations of laws and its impacts on the Mission cemetery. The CCRPA has just completed research regarding laws under the California Department of Consumer Affairs, Cemetery and Funeral Bureau. Ms. Olinger stated the CHC is obligated to alert the City Council to the number of legal violations and the City's potential exposure to litigation associated with this project. She offered assistance to the CHC in a collaborative effort especially with regard to setting forth the laws that have been violated. David Belardes, Chief and Chairperson of the Juaneno Band of Mission Indians, spoke in opposition to the project and the further delays. He has reviewed the historic report from the Mission and said it contains a blatant error when it says the Mission did not know the area was cemetery. He referenced Magalousis' draft archaeological report from several years ago and a draft archaeological report from the Peregrine Chapel project that show the area is within the historic cemetery and that remains have been found in nearby areas. He echoed Ms. Olinger's comments about violations and stated the Health and Safety Code sets forth laws for cemeteries. The report's recommendations to remove two of the project elements do not go far enough; the project area should be restored to a cemetery. Commissioner Andrews asked Ms. Olinger if the CCRPA has come across this type of project before and if so, how it was resolved. Ms. Olinger said she would look into it and respond at a later date. Mr. Belardes responded that there was a case on the East Coast where a cemetery authority was fined for not appropriately maintaining its grounds. He also said the local Diocese of Orange recently had issues with resale of plots. In response to Mr. Belardes' comments that delaying tactics are being employed, Commissioner Andrews stated she does not feel that haste is critical, but that the City should take the time to make sure the project is right. Dave Adams, City Manager 3 January 24, 2008 Commissioner Jolley asked if Mr. Belardes wants the area returned to its original state, even if that were to cause damage to resources or encounter remains. Mr. Belardes responded that he does want it returned to its original state, and that it is right to do that within the law and to appropriately re -bury any remains that are encountered in that case. Acting Chair Porter requested that Ms. Olinger provide copies of the research CCRPA recently completed, and that Mr. Belardes provide copies of his comments on the Mission's report about the cemetery and the Magalousis report. Both indicated they would provide all the information they can provide. After due consideration, Commissioner Andrews moved, and Commissioner Banda seconded, continuance of the item to the March 25, 2008, CHC meeting. The motion was approved by a vote of 5-0. NEW BUSINESS None. INFORMATION ITEM Status Update on the Draft Historic Structure Report for the Parra Adobe (CIP No. 453) (Applicant: City of San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation that the CHC receive and file the status report. The City has budgeted money in its Capital Improvement Program for a historic structure report, preparation of rehabilitation plans and construction for the repair of the Parra Adobe located at 27762 Ortega Highway. The consultant has submitted the draft .,Historic Structure Report and staff is currently reviewing it. The report is on the history, existing conditions, character - defining features and recommendations for rehabilitation and seismic upgrade of the Parra Adobe. Staff expects to be able to bring the report to the CHC at the next meeting. The next step would be for the consultant to prepare rehabilitation plans so the City can go out to bid for the construction phase. The Commissioners received and filed the status report. COMMISSION/STAFF COMMENTS Acting Chair Porter commended and thanked Commissioners Andrews and Jolley since this is their last meeting. The rest of the Commissioners and staff echoed her comments. Commissioner Andrews wanted to alert the City Guides docents that she has led several architectural walking tours lately with more German tourists than past tours and it may be Dave Adams, City Manager 4 January 24, 2008 helpful to find out if any of our tour guides speak German. She also mentioned that she has, had participants with well-behaved dogs on leashes which is unusual. Staff announced that the City has retained a consultant who is preparing a Historic Landscape Report for the Roger Y. Williams/Swanner House since that is the single historic building owned by the City with a significant amount of historic landscape. The National Register nomination did not include, a detailed study of the landscape in its scope. The City needs to know what plant materials are historic so they can be protected and maintained properly, and so the City can assess impacts associated with any proposed changes in the future. Staff also said that Commissioners Banda and Porter are planning to attend the annual California Preservation Conference this year in April. Staff asked the Commissioners for details so the Department can take care of registering them for the conference. Commissioners asked about the Los Rios Park and Parking Lot status and whether the door design for the Esslinger Building had been resolved. Staff replied that the Los Rios Park construction documents are in their second round of plancheck review by the City, and that the Engineering Dept. would take over project management before the City authorizes bids. Staff hopes bids might be expected in late spring but will look into it and get back to the Commission. The owner of the Esslinger Building and staff resolved the door restoration design before the Mills Act Contract was considered by the City Council. The previous rehabilitation had partially filled in an adjacent window and created a wall behind that window which significantly reduced the light in the lobby. To'allow continued light penetration through the door, the owner will replace the glass in the existing door with opaque white glass (except for the clear porthole window area), will finish the steel in white and will install the Moderne style bars across the porthole window consistent with the original style. ADJOURNMENT Acting Chair Porter adjourned the meeting at 5:50 p.m cc: Cindy Russell, Assistant City Manager Grant Taylor, Assistant Planning Director Teri Delcamp, Historic Preservation Manager Christina Gomez, Administrative Specialist CHC Members CHC Minutes File Douglas Dumhart, Economic Development Manager