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HomeMy WebLinkAbout1993-04-12; Historic Preservation Commission; Minutesh Minutes of: HISTORIC PRESERVATION COMMISSION Time of Meeting: 5:OO P.M. Date of Meeting: Place of Meeting: April 12, 1992 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Howard-Jones called the Regular Meeting to order at 5:06 p.m. ROLL CALL: Present: Chairperson Howard-Jones, Commissioners Aharoni, Chereskin, Gallegos, McCann and ex-officio Savary Absent: None Staff Present: Cynthia Haas, Senior Management Analyst Pat Kelley, Principal Building Inspector Martin Orenyak, Community Development Director COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no requests to address the Board. APPROVAL OF MINUTES: ACTION: VOTE: AYES: NOES: ABSTAIN: Motion by Commissioner Aharoni, and duly seconded, to approve the Minutes of the Regular Meeting of March 8, 1992 and correction to the Minutes of February 8, 1993, as submitted. Chairperson Howard-Jones, Commissioners Aharoni, Chereskin and McCann None None 4-0 OLD BUSINESS: 1. Environmental Impact Reports Since Mr. Munoz had not yet arrived, this item was tabled to the end of the meeting pending his arrival. Commissioner Gallegos arrived at 5:lO p.m. 2. Cultural Resources Inventory Chairman Howard-Jones noted that the gallery was full, with standing room only, and polling showed that almost everyone in attendance was there regarding the Cultural Resources Inventory. She opened the item for public testimony and issued the invitation to speak. Karen Kelly, 2770 Sunny Creek Road, Carlsbad, addressed the Commission and read a prepared statement expressing concern about the imposition of restrictions on property owners whose sites are identified in the inventory. She feels the added requirements present significant obstacles to the property owners which are arbitrary and involuntary, with no avenue of appeal. She believes that the Historic Preservation Commission has formulated criteria and adopted policies independently of state regulations which are contrary to a citizen's property rights. She requested that the consequences of being listed on the inventory be made explicit and that the property owner and the public be notified so they can decide h HISTORIC PRESERVAT, COMMISSION h April 12, 32 PAGE 2 individually or as a group whether to accept the requirements or seek legal recourse to restore their full property rights. A copy of her prepared statement dated April 12, 1993 is on file with these minutes. Nicholas C. Banche, 3464 Ridgecrest, Carlsbad, addressed the Commission and stated that he owns property at 2945 Harding Street and that the first notice he received of the Inventory was September 1992. He doesn't believe we need another level of government to deal with and cited the current economy as a prime example of over-regulation. He agrees with Karen Kelly's comments. James Bobbitt, 3730 Adams Street, Carlsbad, addressed the Commission and stated that he owns property on Madison Street. He agrees with Mrs. Kelly and requested that the Commission not do to Carlsbad what the City of Oceanside has done to their city. Chairman Howard-Jones inquired if Mr. Bobbitt was referring to Oceanside's historic preservation plan and he replied that his comment was about Oceanside in general. Shirley DeLucchi, 3080 State Street, Carlsbad, addressed the Commission and stated that she has a nonconforming property and is unable to get a loan on it. Now she can't even sell it to a developer to tear it down. She stated that her property has been classified as Spanish architecture but it is nothing more than an old cottage which might better be classified as "art deco." She requested that her property be removed from the Inventory. Commissioner Aharoni advised Ms. DeLucchi that if her property has historical significance, it may be subject to more relaxed codes than normal, i.e. in the case of the fire code, sprinklers could be used in lieu of a fire wall. Ms. DeLucchi replied that she doesn't want to fix up this old cottage; she wants to tear it down and build a nice office building. Oakley Parker, 321 5 Maezel Lane, Carlsbad, addressed the Commission and stated that he is very much in opposition to public agencies placing restrictions on private property. He agrees with Mrs. Kelly. Lincoln Kroll, 1236 Laguna Drive, Carlsbad, addressed the Commission and stated that he does not understand how landscaping can be restored to what it was 50 years ago. He inquired if a property burns down if it has to be restored to what it was. Commissioner Chereskin advised Mr. Kroll that preservation of landscaping merely means that if the property once had an open mall or park setting that a recommendation might be to retain the concept. However, he noted that during his six months on the Commission, landscaping of historical structures had not been an issue. Commissioner Gallegos advised Mr. Kroll that if the integrity of a structure is destroyed by fire or earthquake, it is not required to be rebuilt. Furthermore, structures designated as 3 or 4 do not require special handling or permits. Commissioner Chereskin added that the reason for the Inventory is because the Commission wants to preserve the fabric of Carlsbad. Now that we are receiving feedback from the public, the Commission can formulate a direction to follow. Gordon B. Dokken, 1022 Pine Street, Carlsbad, addressed the Commission and stated that he owns the property at 1022 and also 1028 Pine and both houses are listed on the inventory. He is presently in the process of replacing the structure at 1028 because it burned down. He is replacing the former house with a garage. He feels that citizens over age 65 are really pushed to the edge because of these added requirements. If the City is going to get involved with it, then he feels the City should be required to pay for it. He noted that he is also unable to get a bank loan to the improve the property. Rose Serna, 3535 Madison, Carlsbad, addressed the Commission and stated that she currently has a 10% loan and is unable to refinance her property at the lower going rates because it is listed on the Inventory. - - HISTORIC PRESERVATL COMMISSION April 12, 32 PAGE 3 She also wants to improve the home because it has no closets. She cannot afford the money or time to secure permits for all these new requirements. Commissioner McCann inquired if she was turned down for a loan because the home was listed on the Inventory or if it was because of the age of the home. Ms. Serna replied that it was for both reasons. Llewella Davies, 4044 Garfield, representing Brana Hammond, 3423 Garfield, Carlsbad, addressed the Commission and stated that any organization that makes a list of properties which is then used to violate a person's property rights is starting on a path that will be beset with many problems. She stated that the rights of property owners date back all the way to the founders of the Constitution. She urged the Commission to rescind the Inventory. John Jones, 3044 State Street, Carlsbad, representing himself and his neighbors, addressed the Commission and stated that if someone wanted to make a test case in court, he is sure the City would lose. He believes the Inventory should be abolished in its entirety. There are only two properties in Carlsbad with national significance. If a person wants to be recognized as the owner of a historic structure, they should be able to do it voluntarily. Lowell Ponte, 522 Tamarack, Carlsbad, representing the Hands Off Private Property Committee, addressed the Commission and read a prepared statement. He feels that owners of property listed on the Inventory are being subjected to a "hit list" because the issuance of a building permit could depend on the whim of a politician, while property owners who are not listed are free of political intervention. He stated that the Fifth Amendment to the Constitution states that the government may take private property ... but only when it pays fair market value to the owner. He feels that the added regulations for homes listed on the Inventory have effectively "taken" those properties without paying any remuneration to the owners. The only thing he might agree with would be requiring inexpensive photographs of before and after photographs of the home for historic documentation. He does not feel that any property owner should be coerced into appearing before the Historic Preservation Commission to seek recommendations on how to best modify their property. He could only accept that appearance if it was on a voluntary basis. He requested that all added conditions be removed for homes listed on the Inventory. A copy of Mr. Ponte's prepared statement dated April 12, 1993 is in file with these minutes. Ray Perkett, 2627 State Street, Carlsbad, addressed the Commission and stated that he came to Carlsbad in 1927 and moved into his home in 1919. He has photographs of his home in various stages of remodeling since he first owned it. He has added windows, stairways, a second story, and various other modifications. He does not feel his home is in any way of historical significance. John Grant, 71 73 Obelisca Circle, Carlsbad, addressed the Commission and stated that he wants his home removed from the Inventory for all the reasons cited by the previous speakers. John Todd, 3365 Donna Drive, Carlsbad, addressed the Commission and stated that there are many things in Carlsbad which make it a nicer place to live than other cities. However, he feels that the Inventory is nothing but a nightmare. He stated that he represented Brona Hammond, 3424 Garfield, an elderly lady who could not appear in person. She wants to have her home removed from the Inventory. Mr. Todd feels that the City should be working to repair curbs, roads, and sewers instead of stifling older citizens with added regulations. Mary Melido, 159 Hemlock Avenue, Carlsbad, addressed the Commission and stated that she was surprised when she received a notice that her property at 369 Juniper was going to be listed on the Inventory. She wondered if anyone had bothered to look at the property and, if so, what makes the property historical. In her opinion, it isn't even worth looking at. She feels that the Commission should have met personally with each homeowner whose property was under consideration to be listed on the Inventory. If that had been done, she feels that the list would contain homes which are of some historical value and not just some old, decrepit building which needs to be demolished. I-- HISTORIC PRESERVATI, , COMMISSION -4 April 12, 32 PAGE 4 Chairman Howard-Jones advised Ms. Melido that the Inventory was the result of a historic survey of the City by a consultant, Linda Roth, at a cost of approximately $7,000. Ethel Drennen, 341 6 Garfield, Carlsbad, addressed the Commission and stated that her home is not 50 years old but it is listed on the Inventory as a 3-4. She wants to know how this property could be listed without her permission. She feels it is shades of Hitlerism. She asked how she could get a copy of the complete Inventory and was advised by Commissioner McCann that it was available in the library. There being no other persons desiring to address the Commission on this topic, Chairman Howard-Jones declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner McCann commented on the beautifully drafted letter from Mr. and Mrs. Kelly to Mayor Lewis. He felt she had some valid concerns and appreciated her bring them forward. Commissioner Gallegos advised those in attendance that the Commission has heard them loud and clear. He urged anyone who might be interested to volunteer to serve on a subcommittee to review the list. Commissioner Aharoni commented that when the Commission started the survey process, they felt that the best interests of the City were being considered. However, the conditions being recommended are only as good as the property owners want to make them. He doesn't see why we can't start over from scratch. We are only trying to keep the flavor of the downtown area. He was insulted by the references to Nazi's and Hitlerism. Everyone on the Commission is a volunteer and the Inventory was only a primary survey to see what historic structures were available in the City. He hopes the energy expended tonight can be turned into something positive. Commissioner Chereskin commented that the Inventory was generated by a consultant and it was an objective listing. The Commission wants to work with the property owners to relieve them of any burdens which it might have created. It is not the list we want to abolish but it is what we do with the information that we need to abolish. We only want the list to reflect what is interesting in Carlsbad. Chairman Howard-Jones commented that she would like to see us start over from scratch. She advised those in attendance that this is not an ordinance. The Commission followed a model that other cities are using throughout the country. However, she noted that the Cultural Resource Inventory was adopted by the City Council and can only be abolished by the City Council. She advised everyone that this item will again be discussed at the Commission's May meeting so that some type of recommendation can be made to forward to Council. 3. SOH0 Workshot) Chairman Howard-Jones requested that this item be deferred to the May meeting. 4. Redevelopment Master Plan Cynthia Haas, Senior Management Analyst, reported that Commissioner Aharoni had provided staff with a number of issues which need to be reviewed by the subcommittee. This item was deferred to the May meeting. 5. Carlsbad Theater Chairman Howard-Jones stated that the owner of the Carlsbad Theater has requested a Demolition Permit and that the Commission had toured the theatre prior to tonight's meeting. Pat Kelley, Principal Building Inspector, gave the staff report and stated that the Unreinforced Masonry Ordinance was adopted to bring properties up to the fire safety code. This ordinance included a voluntary element. Staff requested each affected property owner to analyze their building and provide a plan to strengthen it in order to meet the code. All responded to the call with the exception of the theater owner. 1 HISTORIC PRESERVATI I COMMISSION - April 12, 32 PAGE 5 Several attempts were made to generate a response before any action was taken. Mr. Kelley stated that at one point the theater owner approached the City about the possibility of changing the use to a dinner theater. Staff advised them that there may be some impact fees. Mr. Normandin then appealed to the City Council. He still has a certificate of occupancy. The Commission discussed the theater in general. Chairman Howard-Jones inquired if the City could provide some financial assistance to the owner. Martin Orenyak, Community Development Director, replied that there used to be a program which provided grant monies for this purpose, however it is no longer available. Seven property owners took advantage of the low-interest loan program when it was available. Mr. Betz restored his building and received $50,000 towards the cost. The program has not been available now for 4-5 years. Roy Sanchez, 3482 Roosevelt, Carlsbad, addressed the Commission and stated that he thinks the City should help Mr. Normandin. He feels the theater is a historical part of Carlsbad and should be preserved. John Jones, 3044 State Street, Carlsbad, addressed the Commission and stated that the Unreinforced Masonry Ordinance started out as a voluntary thing. Many cities are not pushing it because it is not mandated by the state. Pat Kelley, Principal Building Inspector, responded that UBC was adopted in January 1993 and is now mandated by the state. The state is requiring that all buildings be reinforced by the year 2000. He feels this is more than enough time to arrange financing and work with tenants to get the job done. Commissioner Aharoni feels the Commission is compelled to address the demolition request. Although seismic retrofit is not a responsibility of the Commission, we can help people improve the structural aspects of their property in a tangible way. He doesn't want to see the theater demolished but the City cannot fix the building for the property owner. ACTION: Motion was made by Commissioner Aharoni, and duly seconded, that the Historic Preservation Commission recommend to the City Council that the Carlsbad Theater has tremendous historic value and that the Commission would prefer that it not be demolished. However, if there is no alternative available and it must be demolished, the Historic Preservation Commission would recommend that steps be taken to document the existence of the theater for history. Chairperson Howard-Jones, Commissioners Aharoni, Chereskin, Gallegos and McCann VOTE: 5-0 AYES: NOES: None ABSENT: None Commissioner Gallegos also hopes the theater won't be demolished. If there is any grant money available, he would like to see it put into the theater for retrofit. If the owner feels there is some funding available to them, they might move forward. However, if the building does have to be demolished, the City should have a detailed photographic record of the interior and exterior, including the stencils inside the building. He would like to see a video because of the murals on the walls and the detail interior reliefs. Commissioner Aharoni inquired about adaptive reuse of the building. Commissioner Gallegos replied that mitigation is required for demolition. However, adaptive reuse would be using the building for another purpose. Pat Kelley, Principal Building Inspector, responded to the discussion by stating that there is some question about whether or not the adjacent antique store and appliance store share walls with the theatre. Those owners both believe they have their own wall but there is no substantiation. Staff would like something from the theater owner stating that there is no common wall before a demolition permit can be issued. - HISTORIC PRESERVATi COMMISSION - April 12, -32 PAGE 6 6. Certified Local Government Grant Funding Cynthia Haas, Senior Management Analyst, responded to a request by the Commission to investigate the possibility of using CLG funds for training and/or travel to seminars. She reported that CLG funding is typically used for distant travel. However, at this time, due to budget constraints, staff policy is to deny all requests for nonessential travel. She did not feel this would preclude members of the Commission attending the CPF Conference in Long Beach because it is essentially within the local area. 7. Rancho Carrillo Master Plan Chairman Howard-Jones reported on the public hearing at the Planning Commission meeting of April 7, 1993. By the time all public testimony had taken place, it was 10:30 p.m. and a decision was continued to the next meeting. She noted that all citizen testimony given was against the issues. The Planning Commissioners have many questions which will be discussed at their meeting on April 21, 1993. INFORMATIONAL: 8. CPF 1993 Conference in Lona Beach. June 3-5 Chairman Howard-Jones announced that she would be attending the CPF Conference in Long Beach aboard the Queen Mary and inquired if other Commissioners would also like to attend. Commissioner Chereskin would like to attend. He will contact Cynthia Haas and let her know so that she can mail in the registration@). 10. May Aaenda Cynthia Haas, Senior Management Analyst, reviewed items for the May agenda. OTHER: Chairman Howard-Jones announced to the gallery that three citizens has requested to participate on a subcommittee regarding the Cultural Resources Inventory. The members of that subcommittee will be John Jones (Tel. 720-0795), Lex Gregory (Tel. 434-4274), H. H. Tucker (Tel. 729-2289), Commissioner Aharoni, and Chairman Howard-Jones. Chairman Howard-Jones announced to the gallery that this was Commissioner Gallegos final meeting due to his resignation from the Commission to pursue new business activities. She thanked him for his long service to the City as a member of the Historic Preservation Commission. ADJOURNMENT: By proper motion, the Regular meeting of April 12, 1993 was adjourned at 755 p.m. Respectfully submitted, CYNTHIA HAAS Senior Management Analyst Minut& Clerk