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HomeMy WebLinkAbout1993-05-03; Historic Preservation Commission; MinutesMinutes of: HISTORIC PRESERVATION COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: Place of Meeting: May 3, 1993 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Howard-Jones called the Special Meeting to order at 6:Ol p.m. ROLL CALL: Present: Chairperson Howard-Jones, Commissioners Aharoni, Chereskin, and Gallegos Absent : Ex-officio Commissioner Savary Staff Present: Ron Ball, City Attorney Patricia Cratty, Senior Management Analyst Cynthia Haas, Senior Management Analyst Eric Munoz, Associate Planner Martin Orenyak, Community Development Director COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no requests to address the Board. OLD BUSINESS: A. Cultural Resources Inventory Martin Orenyak, Community Development Director, stated that the purpose of this Special Meeting is to respond to the concerns of citizens and property owners regarding the Cultural Resource Inventory and that Patricia Cratty, Senior Management Analyst, would give a full presentation on the Inventory, together with a staff recommendation on how the conflicts could be remedied. In addition, he suggested that it might also be appropriate to thoroughly review the Historic Preservation Ordinance and recommend possible changes to the City Council. Ron Ball, City Attorney, reviewed the background and intent of the Historic Preservation Ordinance which was adopted by the City Council in 1985. He stated that Section 22.04.03 establishes the Historic Preservation Commission to act in an advisory capacity to the City Council, Planning Commission, and Design Review Board. The Historic Preservation Commission has been given the power to make comments and recommendations, as part of the EIR process, when a permit is sought to make changes to a designated historical landmark, including those properties listed on the Cultural Resource Inventory. He stated that if the City Council wants to change to duties of the Historic Preservation Commission, then the Ordinance will need to be changed accordingly. Patricia Cratty, Senior Management Analyst, stated that the Inventory, completed in 1991, identified approximately 327 sites that have some level of historic significance in Carlsbad's development or that are important enough to warrant some form of recognition or documentation. These sites were assigned a grading of either 1, 2,3 or 3/4. Sites grated 1 have the potential for listing on the National Register of Historic Places; those graded 2 have the potential of listing on the State Register; those graded 3 have local significance; and those graded 3/4 are important for recognition or documentation purposes only. There are 5 sites with a grade 1, 6 sites graded 2,93 sites graded 3, and 223 sites graded 3/4. Ms. Cratty stated that there has been some confusion about the difference between sites listed in the Inventory and Designated Landmarks. She clarified that the Inventory is a listing of sites that have the "potential" for some level of historic significance and a Designated Landmark is a site that has been HISTORIC PRESERVATION COMMISSION May 3,1993 PAGE 2 designated by action of the City Council with the written consent of the owner. Only two privately owned sites have been designated Landmarks. They are: The Culver-Meyers-Capp House; and The Ramsay House Designated Landmarks require a review by the Commission and issuance of a permit prior to work being done on the site. All 327 sites in the Inventory have been coded into the City's computer system so that when someone applies for a development permit, the application is forwarded to the Historic Preservation Commission for review. The Commission makes recommendation for documentation or mitigation depending on the significance of the site. This documentation is used to update the Inventory. The Inventory documents Carlsbad's historical development and character. As a review process for cultural resources, staff is recommending that the Commission take the following action: (1 ) Determine that information contained in the Cultural Resource Inventory is sufficient for the 223 sites graded 3/4 and that no additional review or action is required by the Commission. (2) Evaluate sites graded 1,2 or 3 to determine their level of significance to Carlsbad's historical development. (3) Recommend that the City Council appoint a Task Force of citizens and Historic Preservation Commissioners to develop standards which will be recommended for adoption by the City Council to be used (by the Commission and staff) in reviewing applications for permits that affect any historic area or site. (4) Develop a program for working with property owners who wish to share and participate in oral histories, photographs, and other resource contributions. (5) Review the Ordinance and make recommendations for changes, as needed. In response to questions from the Commission, Ms. Cratty stated that, at the meeting on April 10, 1993, several citizens had commented that they had been denied loans from lending institutions because their properties were listed on the Inventory. In an effort to corroborate this information, she checked with several local savings and loan institutions and was told that being listed on the Inventory would not prohibit the granting of a loan. In addition, Title Vlll of the Housing Development Act of 1977, requires lending institutions to participate in Community Reinvestment and give special consideration to owners of older properties who are seeking financial assistance to upgrade those properties. If a loan has been denied on a property which listed on the Inventory, Ms. Cratty was advised that the denial must have been done for other reasons. Chairman Howard-Jones opened the public testimony and issued the invitation to speak. Due to the size of the audience, she stated that each person would be allowed three minutes to make their presentation. Chairman Howard-Jones advised those in attendance that an unofficial subcommittee of citizens and Commissioners had been appointed, after the conclusion of the prior meeting, to discuss the issues which had been raised at that meeting. The subcommittee was composed of citizens John Jones, Lex Gregory, Houston Tucker, Commissioner Eton Aharoni, and herself. She requested Mr. Jones to be the first speaker so that he could report on the activities of the subcommittee. John Jones, 3044 State Street, Carlsbad, addressed the Commission and stated that the subcommittee recommends that each property on the Inventory be evaluated as regraded according to historical significance. Those persons wishing to be removed from the Inventory should be permitted to do so by sending to staff a photograph and floor plan of the property for documentation purposes. Those persons P ,-I HISTORIC PRESERVATION COMMISSION May 3,1993 PAGE 3 wishing to "voluntarily" participate on the Inventory should be invited to a workshop so they can understand how the Inventory will be used. Jacquelyn J. Bohler, 4370 Stanford Street, Carlsbad, declined to speak but did state that she agreed with the consensus of the subcommittee as reported by John Jones. Percy Cloud, 5201 Shore Drive, Carlsbad, addressed the Commission and stated that he owns property on Date and Chinquapin. He would like to be removed from the list and wanted to know if the request needs to be in writing. Lucille Cloud, 5201 Shore Drive, Carlsbad, addressed the Commission and stated that she also wants her property at 31 4 Date and 31 9 Chinquapin removed from the Inventory. Mike Davis, 1232 Pine Avenue, Carlsbad, addressed the Commission and stated that he had received a lot of mail and did not know who was sending it, which was confusing. He thinks the Commissioners should individually contact each property owner listed the Inventory. He feels they will receive a better response than with a mass mailing. Karen Kelly, 2770 Sunnycreek, Carlsbad, addressed the Commission and read a prepared statement and reviewed her contacts with the City Attorney. She would like all privately owned properties removed from the Cultural Resource Inventory. Neither does she want to see the properties documented in any way because she feels that the property owners rights could then be usurped at the whim of present and future Historical Preservation Commissions. In her opinion, any participation by private property owners should be voluntary. A copy of her prepared statement, together with 93 letters from other property owners on the list, is on file in the Engineering Department. Robert Pat Kelly, 2770 Sunnycreek, Carlsbad, addressed the Commission and stated that if participation on the Inventory is made voluntary, all problems could be resolved. He believes that most people are frightened by another layer of government restrictions. Martin Orenyak, Community Development Director, replied that mitigation must be determined on a case-by-case basis and, therefore, voluntary participation may not be the best method. Lincoln A. Kroll, 1236 Laguna Drive, Carlsbad, addressed the Commission and stated that he thinks most people would be happy to supply photographs of their property if that would take them off the list. He thinks property owners should have the option of participating on a voluntary basis. Mayor Bud Lewis addressed the Commission and stated that he has met with Mr. and Mrs. Kelly and assured them that the Historic Preservation Commission was never formed for the purpose of restricting the property rights of any property owner. He understands the fears which people have. He assured everyone in attendance that the problems they are voicing will be worked out. Lowell A. Ponte, 522 Tamarack Avenue, Carlsbad, addressed the Commission and stated that property owners have the right to be eliminated from the list. He agrees with the conclusions made by the unofficial subcommittee. However, if something isn't done, and done quick, he will start a letter-writing campaign to the Leg0 Company to give the company officials a preview of how our City works. James Scanlon, 7306 Borla Place, Carlsbad, addressed the Commission and stated that an inventory of 327 "historical" homes is unrealistic. Furthermore, it has raised a cloud on the property rights. He doubts that the Commissioners will have time to thoroughly evaluate requests for building permits in a timely process. He recommended that the Inventory be discarded and a new list prepared. Each property owner should be contacted for input on a voluntary basis. Marie Sidun, 621 Las Flores Drive, San Marcos, addressed the Commission and stated that she owns property at 2688 Ocean Street. At the time she purchased her property, she was unaware of the Historic Preservation Ordinance. The structure on her property is 44 years old and she feels it is "funky beach HISTORIC PRESERVATION COMMISSION May 3,1993 PAGE 4 style" rather than historic. She would like to see the Inventory made voluntary and, if not, feels that the property owners should be compensated. Maria Sougias, 2433 Manchester, Cardiff, addressed the Commission and stated that she owns property at 3580 & 3421 Madison Street. She thinks the homes on her property are nothing but junk and she would like to be removed from the list. Cecelia M. Symons, 121 6 Laguna Drive, Carlsbad, addressed the Commission and stated that she doesn't want to be on the historic inventory. She wants to be removed from the list. John Todd, 3365 Donna Drive, Carlsbad, addressed the Commission and stated that he is speaking on behalf of three homeowners whose property is listed on the Inventory. He feels their freedom of choice is being usurped. He does not feel the City has the right to take away someone's property rights. If the City wants to preserve a particular structure, they should purchase the home and move it onto City property and let the City take care of it. Property owners could then keep their property and their rights. He realizes it is complicated to undo something but he feels the Inventory should be eliminated. Mr. and Mrs. John Diab, 3354 & 3366 Madison Avenue, Carlsbad, wrote a letter to the Commission dated April 24, 1993 requesting that their property be removed from the Inventory. Mr. Diab gave the letter to the Minutes Clerk, for forwarding to the appropriate staff personnel. He declined to speak. 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. Ron Ball, City Attorney, advised the Commission that the ordinance has been on the books since 1985. There was never any intention of taking, restricting property rights, or putting a cloud on anyone's property. Reasonable restrictions can be placed on any property in the City when a building permit is pulled. The properties on the Inventory are no different than any other property. Chairman Howard-Jones led a discussion regarding the purpose of the Inventory, the staff recommendation, and comments made during public testimony. Commissioner Chereskin made a motion to decode all 327 properties from the City's computer system. The motion died for lack of a second. Commissioner Aharoni made a motion to remove the properties designated as 3/4 from the computer so that they would not come before the Commission for review once they have been photographed and documented for the file. The motion died for lack of a second. ACTION: VOTE: AYES: NOES: ABSTAl N : Motion was made by Commissioner Gallegos, and duly seconded, to adopt staff recommendation #1 which will decode those 223 properties with grade 3/4; no additional review or action will be required by the Commission on those properties. Chairperson Howard-Jones, Commissioners Aharoni, Chereskin, and Gallegos None None 4-0 The domain of the Historic Preservation Commission was discussed with regard to CEQA requirements. The Carlsbad Theatre was mentioned because the request for a demolition permit does not require CEQA review. Ron Ball, City Attorney, commented that the Inventory exists. The Historic Preservation Commission acts in an advisory capacity to the City Council. The Commission is not required to evaluate ministerial permits which do not evoke CEQA. HISTORIC PRESERVATION COMMISSION May 3,1993 PAGE 5 ACTION: Motion was made by Commissioner Aharoni, and duly seconded, to recommend to the City Council to form a subcommittee comprised of Historic Preservation Commissioners and citizens to: (1) review the 93 remaining sites and determine if they would remain in their present category or be changed to another category; and (2) identify and establish criteria to be used in the evaluation of properties being reviewed by the Historic Preservation Commission.. AYES: Commissioners Aharoni and Gallegos NOES: ABSTAIN: None VOTE: 2-2 Chairperson Howard-Jones and Commissioner Chereskin RECESS The Commission recessed at 7:37 p.m. and reconvened at 752 p.m. ACTION: Motion was made by Commissioner Aharoni, and duly seconded, to recommend that the City Council appoint a subcommittee comprised of Historic Preservation Commissioners and citizens to: (1) review all properties listed in categories 1-3; (2) develop standards for the 1-3 properties so the property owners would know what will be required of them; and (3) recommend to the City Council that the Ordinance be reviewed and changed as necessary. Chairperson Howard-Jones, Commissioners Aharoni, and Gallegos VOTE: 3-1 AYES: NOES: Commissioner Chereskin ABSTAIN: None REGULAR MAY MEETING: Patricia Cratty, Senior Management Analyst, advised the Commission that the Regular Meeting of the Historic Preservation Commission, scheduled for May 10, 1993, may be cancelled due to lack of a quorum. Commissioners will be advised if the meeting is cancelled. At the public's request, the Commission agreed to discuss the Inventory at the Regular Meeting on June 14, 1993. ADJOURNMENT: By proper motion, the Special meeting of May 3, 1993 was adjourned at 8:09 p.m. Resmully submitted, PATRI~A CRATT? Senior Management Analyst Minut Cler# 9