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CHC Minutes-2006-08-22MEMORANDUM August 31, 2006 TO: Dave Adams, City Manager Molly Bogh, Planning Director FROM: Teri Delcamp, Historic Preservation Manager Cultural Heritage Commission Secretary SUBJECT: Cultural Heritage Commission Actions of August 22, 2006 This memorandum summarizes the actions taken by the Cultural Heritage Commission at their Tuesday, August 22, 2006, meeting. No action is required unless the City Council wishes to hold special review of an item. A. CALL TO ORDER Vice-Chair Forster called the meeting to order at 5:00 p.m. B. ROLL CALL Present: Tony Forster, Vice-Chair Jess Andrews Ed Nunez Don Tryon Absent: Lorie Porter, Chair (excused) David Belardes Janet Siegel (excused) Staff: Teri Delcamp, Cultural Heritage Commission Secretary Molly Bogh, Planning Director C. ORAL COMMUNICATIONS None. D. OLD BUSINESS None. E. NEW BUSINESS 1. Consideration of Site Plan Review (SPR) 06-01, Zoomars; an application to expand an existing animal petting farm within the Los Rios Specific Plan area, partially within the Los Rios Street National Register Historic District, located at 31791 Los Rios Street (Applicant: Omar & Carolyn Gonzalez) Teri Dave Adams, City Manager 2 August 31, 2006 Delcamp made the staff presentation and recommendation that the Commission approve a Mitigated Negative Declaration (MND), conditionally approve SPR 06-01, and recommend approval of the conditional use permit and variance to the Planning Commission. The overall project consists of a conditional use permit, site plan review and variance request to allow for expansion of the existing animal petting farm formerly know as the Jones Mini-Farm. The site plan review application addresses whether or not the proposed modifications to the site, a portion of which is listed on the IHCL within the Los Rios National Register Historic District, are consistent with historic standards (Secretary of the Interior’s Standards) and the standards of the Los Rios Specific Plan for the Historic Residential and Historic Commercial zoning districts. The proposed fence down River Street would alter the historic character of River Street, which is a contributor to the National Register Historic District and needs to be eliminated from the project. Reference was made to two letters received by the Commission, as well as revisions to the MND prepared by staff that are to be considered together with the circulated MND. Omar and Carolyn Gonzalez, applicants, spoke on behalf of the project. The intent is to create the look and feel of an old fashioned country fair. They are concerned about returning River Street to pedestrians only and about the security and safety of the animals and their guests. Their property and some animals have been vandalized. They want to educated visitors about the history of the area and the use of River Street in the past. They questioned whether the adjoining property owners, the Itos, have any access rights to River Street over their property. A previous letter from the Orange County Fire Authority was partially read in which was stated they have no intent or need of River Street for emergency access. They referenced a letter in favor of the project submitted to the Commission from Stephen Rios. They stated that the Itos have previously corresponded with the city regarding their desire for a fence down River Street for the same reasons the applicants desire it. Sherri Ito spoke in opposition to the project. She stated they had previously wanted a fence down River Street at one point, but not any more. The nursery has been there for 36 years, 20 years before the mini farm started there. Their operations have not changed in all that time. Previously for about 20 years, there had been a chain link fence across the westerly end of River Street and access was from Los Rios Street to River Street to their property. After the City extended Paseo Adelanto and closed off River Street from Los Rios Street with the swing gate, they have had to access their site from Paseo Adelanto to River Street. Although two driveways exist along their site on Paseo Adelanto, their existing site operation is not set up for circulation Dave Adams, City Manager 3 August 31, 2006 via those driveways. She contended that their property is two parcels and that they are not willing to give up access on River Street; it is not in their best interest. She suggested that the applicants find other alternatives for pedestrian access to their site. John Trujillo, Los Rios Street, spoke primarily regarding traffic on Los Rios Street. The City wants people to access the area by Paseo Adelanto, not Los Rios Street. He understood that the gate at River Street and Los Rios Street would always remain. He is opposed to anything that will increase traffic on Los Rios Street. The Commissioners asked several questions of the applicants and Sherri Ito, regarding what other alternatives may exist; whether there have been any accidents between pedestrians and vehicles in River Street; whether increasing the height of the inner fence would solve the issue; the number of animals and how waste is being disposed of; the financial impact of nursery site re-configuration; why the Itos have two driveways on Paseo Adelanto; and whether the Itos have experienced any vandalism. The applicants responded to various questions stating that no accidents but some near misses between pedestrians and vehicles have occurred on River Street; they don’t want to “remove” the historic path on their side of the proposed fence but restore pedestrian use; they are wiling to replace the asphalt with decomposed granite so it looks more historic; increasing the height of the inner fence would not solve the issue of separation between pedestrians and vehicles; they have already increased the waste disposal by CR&R; they are requesting 287 animals and 150 birds; their title company couldn’t find any recorded access rights for the Itos; and the City has placed temporary bollards on River Street for special activities. Sherri Ito responded to various questions, stating that there is not a conflict between the owners, but more a conflict in business operations; they have not experienced vandalism; the City created problems by blocking access from Los Rios Street to River Street; they have no driveway from Los Rios Street even though they have property frontage there; the Los Rios Specific Plan and the license agreements with the City document that the Ito and Gonzalez properties have vehicular access to their properties via Paseo Adelanto and River Street. The Itos asked for curb cuts on Paseo Adelanto as part of the license agreement when the City extended the street, and paid to put in the driveways. They have no cost figures for site re-configuration to change the access to Paseo Adelanto. Staff stated for the record that the Commission’s purview is related to whether the project complies with the Secretary of the Interior’s Standards. Dave Adams, City Manager 4 August 31, 2006 Other issues associated with the use itself will be under the purview of the Planning Commission in the future. In order to approve the fence down River Street, which staff strongly opposes, the Commission will be required to state findings regarding how the fence complies with those Standards. The Gonzalez’ title report includes an ingress and egress “right-of-way” within their portion of River Street; the title company has not removed that item from the title. Commissioner Tryon said he sees both sides of the issue. Commissioner Nunez is concerned about vehicle and pedestrian safety on River Street. Commissioner Andrews expressed a desire for the interested parties to meet, work through and resolve the issues. After due consideration, Commissioner Andrews moved, and Commissioner Tryon seconded, adoption of a resolution to approve staff’s recommendation including the elimination of the fence down River Street and incorporating the revisions to the Mitigated Negative Declaration, subject to Resolution No. 06- 8-22-1. The motion failed by a vote of 2-2, with Commissioners Forster and Nunez in opposition. A new motion was made by Commissioner Nunez and seconded by Vice-Chair Forster to continue the item to a date unspecified. The motion passed unanimously. Staff will canvas schedules and set a meeting date at least 10 days out to allow time to mail new notices. F. INFORMATION ITEM None. G. COMMISSION/STAFF COMMENTS Staff reminded Commissioners about the mandatory ethics training to be held on Tuesday, August 29 at either 1 pm, 3:15 or 6 pm. Those who have not signed up need to call the City Clerk’s office. The training must be obtained before January 2007. Commissioner Tryon inquired about the status of the Arley Leck House restoration plans. Staff responded that revised plans had been submitted for plancheck, and that staff should complete their review by the end of the week. Commissioner Andrews announced a very successful experience for the City Guides walking tour docents who guided 90 elder hostel visitors. H. ADJOURNMENT Dave Adams, City Manager 5 August 31, 2006 Vice-Chair Forster adjourned the meeting at 6:35 p.m. cc: Bill Huber, Assistant City Manager Teri Delcamp, Historic Preservation Manager Sandy Kell, Administrative Secretary CHC Members CHC Minutes File Douglas Dumhart, Economic Development Manager