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