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CHC Minutes-2008-07-29MEMORANDUM August 6, 2008 TO: Dave Adams, City Manager Steven Apple, AICP, Community Development Director FROM: Teri Delcamp, Historic Preservation Manager ° Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of July 29, 2008 This memorandum summarizes the actions taken by the Cultural Heritage Commission at their adjourned regular meeting on Tuesday, July 29, 2008. No action is required unless the City Council wishes to hold special review of an item. CALL TO ORDER Chair Nunez called the meeting to order at 5:04 p.m. ROLL CALL Present: Don Tryon, Chair Ed Nunez, Vice -Chair Nathan Banda Janet Siegel Absent: Lorie Porter Staff: Teri Delcamp, Cultural Heritage Commission Secretary ORAL COMMUNICATIONS None. OLD BUSINESS 1. Consideration of Historic Depiction Proaram (HDP) for Capistrano Villaae Center Solana Rincon Architectural Control 06-13 (Applicant: Daniel L. Friess) Teri Delcamp made the staff presentation and recommendation that the Commission approve a request for a NDP consisting of a plaque with image and text commemorating the history of creek floods in San Juan Capistrano for the Capistrano Village Center (Solana Rincon) to be located at adjacent existing buildings at 32272 Camino Capistrano (APN: 668-453-12, -13, -14 and -15) Applicant Daniel Friess addressed the Commission and clarified that the project HDP meets the ADA accessibility criteria. Dave Adams, City Manager 2 August 6, 2008 In response to Commissioner Siegel's question about the potential for vandalism at the three alternate locations, Mr. Friess said that any of the locations have that potential but staff's recommended Alternate 2 location probably has the least potential. He fully understands the condition of approval requiring perpetual maintenance. In response to Commissioner Tryon's question about the plaque fabrication, Mr. Friess said that he has not yet selected a firm or individual. Commissioner Tryon also noted a typographical error in the text which requires a space between "1865" and "that" in the fourth line. After due consideration, Commissioner Tryon moved, and Commissioner Siegel seconded, adoption of a resolution conditionally approving the HDP for the Capistrano Village Center (Solana Rincon) in the Alternate 2 location subject to Resolution No. 08-7-29-1. The motion was approved by a vote of 4-0. NEW BUSINESS Consideration of Site Plan Review SPR 08-001 The Ecology Center San Juan Capistrano (Applicant: Evan Marks) Teri Delcamp made the staff presentation and recommendation that the Commission approve the site plan review for the use of the Joel Congdon House; recommend approval of the conditional use permit to the Planning Commission; and recommend approval of the ADA improvements to the Community Development Director to support the project -through implementation of C1P No. 452. The overall project consists of a request for the use of the historic Joel Congdon House first floor and grounds for educational exhibits and displays to the general public on sustainable agriculture, ecological design and the history of San Juan Capistrano, including the provision of parking, demonstration gardens and a number of new trees located at South Coast Farms, 32701 Alipaz Street, generally located 300 feet north of the intersection with Camino Del Avion (APN 121-190-57). Applicant Evan Marks responded to questions by the Commission. The Commission expressed overall support for the project and excitement that a use will soon be realized at the Congdon House. Commissioner Siegel asked if the Ecology Center is a non-profit organization. Mr. Marks responded that the San Juan Family Farm Museum (which has the license agreement with the City for the use of the Congdon House) is the non-profit entity doing business as the Ecology Center. In response to Commissioner Siegel's question about the lack of a City representative on the Board of Directors Mr. Marks said he is open to it, but expressed concern about a potential conflict of interest. Staff echoed his concern based on the City's role as the licensor/ landlord to enforce provisions of the license agreement and staff's role to review the project and enforce project conditions, but agreed to consult with the City Attorney Dave Adams, City Manager 3 August 6, 2008 regarding the issue. Both Mr. Marks and staff indicated that there has been and will continue to be a lot of coordination between staff and the applicant, especially Teri Delcamp and Ziad Mazboudi. Commissioner Siegel queried staff about the potential cost of a free-standing ADA restroom instead of modifying the existing laundry room as part of the CIP project. Staff responded the cost would be between $150,000 and $300,000 depending on method of construction and design elements. The range is significantly more than the cost estimates for CIP No. 452 and the budget allocated for the CIP project. In response to comments from Chair Nunez and Commissioner Tryon, staff clarified that any proposed future changes to the site would need to be consistent with the license agreement and the City's project approvals, or else go through additional review by the City. The CHC could work with the applicant on the proposed timeline either as a whole at agendized CHC meetings, or up to two members independently. After due consideration, Commissioner Tryon moved, and Commissioner Siegel seconded, adoption of a resolution conditionally approving the site plan review, recommending that the Planning Commission approve the conditional use permit and recommending that the Community Development Director approve the proposed ADA improvements for CIP No. 452, subject to Resolution No. 08-7-29-2. The motion was approved by a vote of 4-0. INFORMATION ITEM None. COMMISSION/STAFF COMMENTS Commissioner Siegel commended and thanked staff for the historic report on Nick's Cafe, also known as the Mexico Lindo-Vaquero West building, presented to the Commission at the previous meeting. The report contained a lot of information that she had not previously known about Basque history, especially the boardinghouses. Staff responded to a question from Commissioner Tryon about the relocation of the Troubleman's Cottage. The City Council established a sunset date of August 1, 2008, by which time Mr. Douraghi has to have physically moved the house or the Council's approval is null and void. The date was set because the Douse is currently in the way of the Los Rios Park project which will be under construction soon. Because of the extreme time constraint, if Mr. Douraghi is unable to move the house in time, the house will be demolished as part of the park contractor's site preparation for the park project. Staff is confident that Mr. Douraghi still intends to move the house, and he has communicated that the move is Dave Adams, City Manager 4 August 6, 2008 scheduled for Thursday, July 31, 2008. He is working on the physical logistics of having the fence around the house and weeds removed, etc. Chair Nunez said that Gil Jones reported some very historic cactii were removed in the Los Rios Specific Plan area and asked if this was related to the Troubieman's Cottage relocation. Vice -Chair Banda said he observed that some very historic cactii had been removed from around Ms. Hawk's Douse nearby in Little Hollywood, and perhaps it was these to which Mr. Jones was referring. Staff said no trees or cactii were approved to be removed with Mr. Douraghi's project, but staff agreed to look into it and report back to the CHC. (f=ollow-up after meeting: The Housing Coordinator was required for liability and insurance purposes to remove the cactii, which had been planted by Ms. Hawk within the last 20 years and were extremely overgrown, before leasing the three-bedroom affordable unit to a new family.) Staff reported that the Public Works Department recently implemented a planned maintenance upgrade to install poles and netting around a portion of the Stone Field soccer field. Public Works staff had previously coordinated and was to meet with the Historic Preservation Manager at the field before the project commenced. Due to materials delivery scheduling, the project commenced while Ms. Delcamp was on vacation. (Follow- up after meeting: The Public Works Manager coordinated with the Community Development Director in Ms. Delcamp's absence prior to commencing the project work.) As required by the Historic Preservation Manager, the project was monitored by an archaeologist and a Native American observer. They temporarily stopped work after observing possible stones of the historic Mission zanja in one to two of the post holes. The zanja was previously discovered as traversing Stone Field. Per City Council Policy, work was halted in the area of the two holes for further archaeological evaluation. David Contreras in the Planning Division was notified by the Public Works Manager and was requested to visit the site. The supervising archaeologist investigated and documented the site and will detail the information in the cultural resources report. In response to Commissioner's questions about whether the netting project met City code requirements and how the Native American monitor was selected, staff said that the Public Works Department coordinates with the Planning Division on code standards for height etc., and that for City construction projects, City staff retains project archaeologists who select their own sub -consultants including qualified Native American observers. Ms. Delcamp reported that the Mission had requested a demolition permit to remove the non -permitted fireplace and kitchen counter elements. Per staff's discussion with the City Attorney, the Mission could request the demolition permit and the City could issue the demolition permit if approved. The demolition permit was a separate review not related to the site plan review for the Mission Rectory Garden project because the elements were illegally constructed in the first place and the Mission's response to the stop work order at any time could have been to demolish the non -permitted work. The demolition permit Dave Adams, City Manager 5 August 6, 2008 request included a description of the method for demolition which staff deemed to be consistent with cultural resource protection standards. Per City Council Policy 601, the demolition work was required to be monitored by an archaeologist and Native American observer. Regarding the Mission Rectory Garden project appeal, staff announced that the date for the appeal meeting will be in August and should be announced in the next week. In response to Commissioner's questions about other areas that appear to be undergoing work, staff clarified that the Mission also has three other permits for: a restroom addition to the Basilica; interior improvements to the Faith and Education Center basement; and roof repair and life/safety upgrades to the Serra Chapel and south wing. Regarding the latter permit, Planning staff was informed this week that the Mission does not yet have documented Orange County Fire Authority approval for the fire suppression system plans and has stopped work on the water line for the life/safety upgrade portion of the project. ADJOURNMENT Chair Nunez adjourned the meeting at 5:55 p.m. cc: Cindy Russell, Assistant City Manager Grant Taylor, Assistant Community Development Director Teri Delcamp, Historic Preservation Manager Christina Gomez, Administrative Specialist CHC Members CHC Minutes File Douglas Dumhart, Economic Development Manager