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CHC Minutes-2008-03-25MEMORANDUM TO: Dave Adams, City Manager Steven Apple, AICP, Planning Director FROM: Teri Delcamp, Historic Preservation Manager -r, Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of March 25, 2008 April 7, 2008 This memorandum summarizes the actions taken by the Cultural Heritage Commission at their Tuesday, March 25 meeting. No action is required unless the City Council wishes to hold special review of an item. CALL TO ORDER Chair Tryon called the meeting to order at 5:00 p.m. Rnl I r'Al I Present: Don Tryon, Chair Ed Nunez, Vice -Chair Nathan Banda Lorie Porter Janet Siegel Absent: None Staff: Teri Delcamp, Cultural Heritage Commission Secretary Grant Taylor, Assistant Planning Director ORAL COMMUNICATIONS None. OLD BUSINESS 1. Consideration of Site Plan Review (SPR) 07-001. Mission Rectory Garden (continued from January 22, 2008); an application for approval of 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. The site is located at 26801 Ortega Highway, with a General Plan designation of Public and Institutional, and a zoning designation of Public and Institutional (APN: 124-180-06) (Applicant: Mission San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation that Dave Adams, City Manager 2 April 7, 2008 the Commission continue the project one more time to May 27, 2008. While discussions and meetings have been occurring, the additional required information has yet to be submitted. The City has given the Mission a final deadline to submit all remaining necessary information or else the matter will be turned over for code enforcement action. Joyce Stanfield Perry, Juaneho Band of Mission Indians, Acjachemen Nation (JBMI), stated the resource has been degraded and that the Mission has yet to acknowledge and repent for their past illegal actions. She stated the California Environmental Quality Act does not allow for post hoc approvals; remediation of the site needs to occur first before the project can be considered and approved. Jane Olinger, representing the California Cultural Resource Preservation Alliance, Inc. (CCRPA), asked for and received confirmation that the Commission had received the large packet of information that she previously submitted to the City. She takes issue with the statement by the Mission administration that "no Mission records" show the project area as a cemetery. She countered that the Mission's own website has numerous maps, narratives and lesson plans for schools that all show or acknowledge the area as the historic cemetery. David Belardes, Chief and Chairperson of the JBMI, addressed the Commission regarding the mediation process which he said was not binding. He stated the law has been broken and mediation can't fix that. He could not agree with the mitigation recommendations proposed by the Mission's consultant and so the mediation process is over. He and Joyce Perry formally requested the Native American Heritage Commission to ask the state Attorney General to investigate the Mission. He referenced a letter from Attorney Stephen Miles to Planning Director Steve Apple regarding the project. Commissioners thanked Ms. Olinger for her packet of information and asked various questions of the speakers. In response to questions about reburial of human- remains umanremains encountered by work at the Mission,. David Belardes responded that those found near the Peregrine Chapel have been re -buried but that there is still a re- burial to be done for human remains discovered during stabilization work done in the early 1990s. In response to questions about process if the matter is turned over for code enforcement action, staff responded that the Mission would still have to follow through and come back to the Commission; that process would not take the project out of the Commission's hands. Commissioner Siegel moved, and Commissioner Porter seconded, to continue the project to May 27, 2008. The motion was approved unanimously. Dave Adams, City Manager 3 April 7,2008 2. Site Plan Review (SPR) 07-002, Troubleman's Cottage Relocation — Los Rios St., a request for approval to relocate the Troubleman's Cottage to 31701 Los Rios Street (APN 121-143-04), within the Los Rios Specific Plan area. The Troubleman's Cottage is potentially historic but is not currently listed on the Inventory of Historic and Cultural Landmarks (INCL); however, the existing building site (Rios -Stanfield House) is listed on the INCL as a contributor to the Los Rios Street National Register Historic District. (Applicant: Iraj Douraghi / City of San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation that the Commission approve the site plan review and recommend approval of other aspects of the project. The purview of the Commission is the historic and cultural resource aspects of the project including architectural guidelines, compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties for the relocated structure with will function as new construction on an existing historic site; and compliance with the Standards for new construction with the National Register Historic District. Bill Hardy addressed the Commission on behalf of Iraj Douraghi. He stated that he and Mr. Douraghi had met with staff the previous day to discuss all of the proposed conditions. The house has been a negative cash flow to the City for five years. Mr. Douraghi is trying to help the City by moving the house to his private property. Mr. Hardy feels the conditions are onerous and need to be fixed. Iraj Douraghi thanked the Commission and stated he is available to answer questions. Commissioners asked what project activities require archaeological and Native American monitoring (staffs response was grading and excavation for the foundation and utility lines). Staff responded that recent other projects have encountered primarily historic era artifacts if any, but no human remains. After due consideration, Commissioner Siegel moved, and Commissioner Banda seconded, adoption of a resolution to approve SPR 07-002 and recommend approval of other aspects of the project, subject to Resolution No. 08-3-25-1 with conditions as proposed. The motion was approved unanimously. NEW BUSINESS. 1. Consideration of Historic Depiction Program for San Juan Law Center Architectural Control 03-02; a request for approval of an exterior painted wall mural depicting the Ortega Highway and historic landmarks for the San Juan Law Center located at 27345 Ortega Highway. (APN 650-201-14)(Applicant's Representative: Meghan Fitzgerald) Teri Delcamp made the staff presentation and recommendation that the Commission approve the HDP for the San Juan Law Center. Dave Adams, City Manager 4 April 7, 2008 Meghan Fitzgerald, one of the owners Judy Reising and Kirk Fisher were present to explain the HDP and answer questions. Ms. Reising handed out proposed minor changes to the narrative text. The proposed text will be painted onto the wall below the mural instead of being inscribed on a plaque. A revised layout orientation for the background was also displayed. Chair Tryon noted a correction to "Santa Margarita" to add "y Las Flores." Commissioner Porter commended the design. She suggested that important information about the Ortega Highway as a trading route, the significance of oranges and the date that it became 'a highway should be added to the text. Staff will make the corrections to the text in the resolution which will go to the Chair for signature. After due consideration, Commissioner Porter moved, and Commissioner Siegel seconded, adoption of a resolution approving the HDP for AC 03-02, San Juan Law Center, subject to Resolution No. 08-3-25-2 with corrections to the narrative text as proposed. The motion was approved unanimously. 2. Consideration of Draft Historic Structure Report for the Parra Adobe Rehabilitation (CIP No. 453), a request for input on a report regarding the history, existing conditions, character -defining features and recommendations for rehabilitation and seismic upgrade of the Parra Adobe located at 27762 Ortega Highway. (APN 666- 191-18)(Applicant: City of San Juan Capistrano) Teri Delcamp made the staff presentation and recommendation that the Commission provide input on the draft Historic Structure Report for the Parra Adobe. The Report will provide the basis for the future rehabilitation plans which the consultant will prepare. Commissioner Porter stated strong opposition to changing the existing roof pitch.. She feels the pitch that is there now has been in place long enough to have achieved historic significance in its own right. The dormer definitely should not be put back, especially since it was probably added long after the adobe's original construction date. For the south wall, the least cost to achieve the most stable solution should be followed. If it is cheaper and better to stabilize the existing wall, then follow that course. However, if it is cheaper and better to re -build the wall, then that course should be followed. Commissioner Siegel supported the proposal to ensure that drainage issues are addressed. Both Chair Tryon and Vice -Chair Nunez concurred with Commissioner Porter to oppose restoring the roof pitch and dormer. Dave Adams, City Manager 5 April 7, 2008 INFORMATION ITEM None COMMISSION/STAFF COMMENTS Commissioner Siegel announced that she met with Evan Marks of the Ecology Center regarding his plans for operations at the Congdon House. She is excited about the program which focuses on agriculture, ecology, sustainability and "green". methods. Staff asked if any Commissioners will be available to volunteer for Earth Day this year. It is scheduled for Thursday, April 24, which falls on one of the days of the annual preservation conference so staff and Commissioners Porter and Banda will not be available. Chair Tryon, Vice -Chair Nunez and Commissioner Siegel all volunteered .to coordinate their schedules at the table all day. Staff announced that nominations for the Wall of Recognition are due. Commissioners discussed that Dr. Mozelle Sukut and Bill Hardy should be nominated for the Wall of Recognition, and individual Commissioners agreed to prepare and submit the nominations on their own. ADJOURNMENT Chair Tryon adjourned the meeting at 6:35 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