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HomeMy WebLinkAbout2009/01/14 - Agenda Packet II • THE CITY OF RANCHO CUCAMONGA 4111, HISTORIC PRESERVATION COMMISSION L%4 AGENDA RANCHO CUCAMONGA JANUARY 14, 2009 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER • • Pledge of Allegiance Roll Call Chairman Fletcher Vice Chairman Munoz • Stewart _ Howdyshell _ Wimberly II. ANNOUNCEMENTS III. APPROVAL OF MINUTES December 10, 2008 Regular Meeting Minutes IV. DIRECTOR'S REPORTS A. STATUS REPORT ON THE HISTORIC PRESERVATION COMMISSION OPTIONS FOR INITIATING DESIGNATION APPLICATIONS FOR THE BIANE WINERY AND CUCAMONGA SERVICE STATION B. STATUS REPORT ON SUSPENSION OF DEMOLTION OF HISTORICALLY SIGNIFICANT PROPERTIES C. REQUEST TO EXPAND DUTIES OF THE HISTORIC PRESERVATION ORDINANCE UPDATE SUBCOMMITTEE TO INCLUDE PARTICIPATION IN FUTURE GENERAL PLAN STAKEHOLDER MEETINGS • • C� HISTORIC PRESERVATION COMMISSION • b�Iff AGENDA Lai RANCHO JANUARY 14, 2009 CUCAMONGA Page 2 IV. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. IVI. COMMISSION BUSINESS/COMMENTS IVII. ADJOURNMENT • I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, • or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 8, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. / / ,z.! ,,4, _ , Or • Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:/lwww.ci.rancho-cucamonga.ca.us RIIf you need special assistance or accommodations to participate in this meeting, • please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Vicinity Map flistoric Preservation Commission January 14, 2009 r� SPHERE OF INFLUENCE r W. ; Q � W I 'r W H.LLSI•E Z y 4. WIL 0N = 4 I P_' vi U U Pr ■ H O ....4, • __ _.�, 310. _� ` �_-�2'10- 19TH 1 1 I( BASE LINE ��' CHURCH 4. 'I ` 0,,as„, -,I_. FOOTHILL we I 1 ARROW I 8TH 0 I 4 0 r CC m •� gcC W U.z W 4TH Q * Meeting Location: City Hall 10500 Civic Center Drive • Items A, B, and C are City wide issues • STAFF REPORT t�� • PLANNING DEPARTMENT • L. Date: January 14, 2009 RANCHO CUCAMONGA To: Chairman and Members of the Historic Preservation Commission From: James R. Troyer, AICP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: STATUS REPORT ON THE HISTORIC PRESERVATION COMMISSION OPTIONS FOR INITIATING DESIGNATION APPLICATIONS FOR THE BIANE WINERY AND CUCAMONGA SERVICE STATION BACKGROUND: At the December 10, 2008 Historic Preservation Commission meeting, Planning Director James R. Troyer updated the Commission on the validity of the two landmark applications submitted by the Historical Preservation Association of Rancho Cucamonga (HPARC). Staff requested additional time to work with the City Attorney for finality of these applications. ANALYSIS: The Historic Preservation Ordinance does not currently require the property owner's consent to designate a Historic Landmark. However, the City would like to maintain a positive relationship with the owners of historical properties and recommends obtaining written consent prior to initiating the designation. Staff contacted both property owners and they are both opposed to the • designation at this time. As noted at the previous meeting, an application for Historic Landmark Designation may only be proposed by the City Council, the Historic Preservation Commission, the Planning Director, or the property owner. Since the applications submitted by HPARC do not include consent of the property owner, they have requested that the Commission consider initiating the designation processes for these properties. A landmark designation application for the Biane property was initiated in the late 80's by the Historic Preservation Commission and was tabled by the City Council. Staff is currently preparing an Environmental Impact Report (EIR) and the landmark applicability will be analyzed in that document. This document must go through the appropriate review process and must be adopted by the City Council prior to the demolition of any structures on the project site. Therefore, staff would support postponing consideration of the landmark designation until the EIR is completed. Lamar Advertising (owner of the "Cucamonga Service Station") indicated to staff that they do not consent to landmark designation at this time because of current economic conditions. Lamar wishes to keep its options open to either dedicate or sell the subject property at a future date, or they may be willing to cooperate with landmark designation once the economy improves. Additionally, there have been discussions where Lamar may want to donate the property to the City or to a non-profit organization at a future date. Therefore, to necessitate landmark designation without owner consent for this property may not be the best option at this time OPTIONS FOR COMMISSION: 1. Initiate the historic landmark designation application and direct staff to compile a report assessing • the historic significance of the property to be addressed as a Public Hearing item at a future ITEM A HISTORIC PRESERVATION STAFF REPORT STATUS REPORT ON THE HPC OPTIONS FOR INITIATING DESIGNATION APPLICATIONS January 14, 2009 • Page 2 Commission meeting. Consideration for designating property over owner objection would also be heard by the City Council as a Public Hearing item, and the owner will be notified. 2. Choose not to initiate the applications at this time. RECOMMENDATION: Because of the reasons noted above, staff recommends that the Historic Preservation Commission not initiate the landmark designation process for either property at this time. Respectfully submitted, Jam s R. Troyer, AICP Planning Director JRT: MN\ma • • • • A-2 • STAFF REPORT PLANNINGDEPARTMENrT I _• RANCHO Date: January 14, 2009 CUCAMONGA To: Chairman and Members of the Historic Preservation Commission From: James R. Troyer, AICP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: STATUS REPORT ON SUSPENSION OF DEMOLTION OF POTENTIAL HISTORICAL SIGNIFICANT PROPERTIES BACKGROUND: At the December 10, 2008 Historic Preservation Commission meeting, the Commission questioned the procedures regarding the demolition of potentially historic structures and the available alternatives. ANALYSIS: When an application is filed that either requests demolition, relocation, or the alteration of a structure that has been identified .with possible historic value, the applicant is required to pay for an independent analysis of the significance of the structure, per the California Environmental Quality Act (CEQA). Each proposed request will require an individualized analysis to determine whether a Negative • Declaration, Mitigated Negative Declaration, or an Environmental Impact Report (EIR) is required. The burden of proof rests upon the applicant to provide a report analyzing the significance of the structure to help determine if the structure qualifies as a "historic resource" for the purposes of CEQA. Therefore, if the Commission requests a full report, staff can hold the requested action (demolition, relocation, or the alteration of a possible historic resource) in abeyance until a report can be brought back to the Commission at a future meeting. In California, local governments may enact a temporary suspension until a full report on the analysis of the request can be determined under the authority of Government Code Section 65858. Additionally, the City Municipal Code Section 2.24.100 H prohibits any person to carry out a material change (i.e. demolition) on a proposed landmark until final action of the City Council, denying the proposed designation, is taken. Based on the report, the Commission may then make a determination of the significance of the structure, leaving the Commission with the following options: • Determine that the structure meets landmark designation criteria, recommend landmark designation, and deny the demolition request. • Determine that the structure meets some historic significance, but the action may be mitigated to a less-than-significant impact with appropriate mitigation measures including, but not limited to: the placement of a plaque commemorating the site, documentation, preparation of oral histories pertinent to the history of that site, payment of mitigation fees, etc. • Determine that the structure does not yield any historic significance and approve the demolition request. • ITEM B HISTORIC PRESERVATION STAFF REPORT STATUS REPORT ON SUSPENSION OF POTENTIAL HISTORICAL SIGNIFICANT PROPERTIES January 14, 2009 Page 2 • However, there are ways in which property owners can use a type of strategy to develop a property by "Demolition by Neglect." This is a term used to describe a situation in which a property owner intentionally allows a historic property to suffer severe deterioration, potentially beyond the point of repair. When properties get to this point, it can become a "Public Nuisance" or be classified as a "Dangerous Building" under the Uniform Code for Abatement of Dangerous Buildings. When structures get to this point, the Building Official has the authority to order demolition prior to any Historic Preservation Commission review of historic significance, as established by the current Preservation Ordinance. To prevent property owners from using this kind of long-term neglect to circumvent historic preservation regulations, and to prevent similar circumstances, a penalty for demolition by neglect and a provision for basic maintenance are being considered in the proposed Historic Preservation Ordinance. The intent is to proactively approach preservation before a structure gets to the point of deterioration. With the ordinance update and new General Plan, there will be firm, up-to-date policies and procedures in place that will help protect potentially historic resources from being demolished prior to Commission review. RECOMMENDATION: Staff recommends that the Historic Preservation Commission receive the staff report and file for future reference. Respectfully submitted, R# kizuri Jam rithte4R. Troyer, AICP Planning Director JRT: MN\ma Attachments: Exhibit A - Excerpt on Development Moratoria from the State Office of Historic Preservation on "Drafting Effective Historic Preservation Ordinances" Exhibit B - Draft Diagram of Demolition Permit Process to be Implemented in Ordinance Update • • B-2 • DEVELOPMENT MORATORIA AND EMERGENCY DEMOLITION BANS Several California communities, including Palo Alto most recently, have adopted interim regulations to prevent demolition of historic resources or new construction in historic areas while new permanent regulations are being drafted or a comprehensive historical resources inventory is being prepared. Palo Alto will not process applications for development of a property while designation procedures are taking place under the preservation ordinance, stating in the City code that, no building, demolition; or other city permit fora `change that would constitute. an!,alteration or demolition of a proposed hehitage property shall be issued while ". : .-.-.. � 153 the,appitcation for designation ts`pending... .. ; • The Redondo Beach ordinance contains a similar provision to suspend the issuance of permits once historic preservation review is initiated: Once a completed application-has:been:accepted for the designation of a landmark or an historic-district, no building;alteration„demolition,_=removal,or relocation permits for any historic:resource, improvement building,,or,structure: relative to a.proposed landmark or:within a proposed historic district shallbe issued until a final determination,is,,;made;regarding the`;proposed!designation, except as provided under Article.6of this chapter 75'_ In California, municipal government moratoria on development permits are allowed • under the authority of Government Code Section 65858.155 Courts have also generally upheld such emergency provisions, realizing that surveys, studies, and ordinance drafting may be necessary and cannot be done overnight. A recent U.S. Supreme Court case from California affirmed the ability of local governments to enact temporary moratoria.156 In jurisdictions where demolitions are ministerial, situations continue to arise in which an owner is able to secure a permit to demolish a potentially significant historic building. When preservation interests learn of the plans, a battle to protect the structure often ensues. In other instances, a preservation commission may announce its intent to study a neighborhood for possible designation as a historic district. Some owners, in an attempt to circumvent anticipated future restrictions, may rush to city hall to secure demolition permits. What can a local government do under these circumstances to protect threatened historical resources without violating the legal rights of property owners? • Surveys take time and can be expensive, and, even when a survey has been completed, it may be several years before identification is translated into designation. What, then, should a local commission do when a building of landmark quality that • 153 Palo Alto, California, Code of Ordinances, § 16.49.80. 154 Redondo Beach, California, Code of Ordinances, § 10.4.305 (Delay of work pending hearing). 155 See, Bank of the Orient v. Town of Tiburon, 220 Cal.App.3d 992 [269 Cal.Rptr. 690] (Cal. App. 1990). 156 Tahoe-Sierra Preservation Council, Inc., et at v. Tahoe Regional Planning Agency et al., U.S. Supreme Court Docket No. 00-1167, decided April 23, 2002. • Drafting Historic Preservation Ordinances 88 OHP Technical Assistance Bulletin#14 EXHIBIT A B_3 • enjoys no official protection is threatened with demolition? Provided the Government • Code authorization for local government moratoria applies in the given situation, the local government or commission may enact a temporary ban or moratorium that would halt all activities that could be affected by the survey or designation process, including, potentially, revocation of an already issued building permit or halting demolition. The availability of this type of authority in California may be evidenced by Davis's ordinance,. which contains the following provision that could potentially halt a wide variety of development activities: While-the commission's public•hearing or the City Council's decision on the •• commission's [cleSignatiOnt recommendation is pending, the City Council upon . the recommendation.may declare a work moratorium. During the moratorium,:any workthat would•require an:alteration"permit if the improvement were already.designated a historical resource.or:outstanding.historical.resource or if.it were already'located in a:historic district shall not••be carried out The work moratorium will;end upon the earlier of the.City Council's decision on the. proposed designation the moratorlum termination date designated by the City'; Council or on_e,hundred:eighty cale'ndardays from the-date of•commencement of the moratorlum.157 Invoking emergency demolition bans raises two major legal issues, involving procedural due process and "vested rights." While the constitutional guarantee of due process generally requires that affected persons be given notice and an opportunity to be heard . before adoption and application of a restrictive ordinance, it is well established that a governmental body may take temporary emergency action without prior notice or • hearing if affected persons are afforded an opportunity to be heard before such action becomes final. For example, as soon as possible after enacting a demolition ban, the local government should afford the owner or developer an opportunity to be heard and contest designation or revocation of a building permit.158 Assuming that the local government has satisfied procedural due process dictates, it must still face the so-called "vested rights" issue. This arises, for example, when a developer, relying on existing law, spends money in anticipation of demolishing a building of landmark quality. Although there is no such thing as a "vested right" under the U.S. Constitution, most state courts recognize it in some form. If developer has done nothing more than obtain a demolition or building permit, they probably cannot claim a vested right to proceed. If, however, the developer has signed a contract with a demolition company and has spent funds to plan for a new development on the site prior to enactment of the ban, the question is a more difficult one. The vested rights issue can be defused by establishing an administrative proceeding that places the burden on developers to produce evidence that they should be allowed to proceed. In this way, the local government can determine if the facts support its decision to forbid demolition. 157 Davis, California, Code of Ordinances, § 29-145.11 (Designation Procedures—Work Moratorium). 158 See, Selinger v. City Council, 216 Cal.App.3d 259, 270-71 [216 Cal.Rptr. 499] (Cal. App. 1989). • • Drafting Historic Preservation Ordinances 89 OHP Technical Assistance Bulletin#14 B-4 • While valuable and often essential to preservation, moratoria have serious ramifications and thus require forethought. Of equal importance, they should not be used as an excuse to do nothing. The ordinance establishing the moratorium should state the reasons for its invocation, set forth a specific expiration date, and contain a safety valve to allow the preservation commission to deal with hardship cases. From a practical perspective, the types of development or alteration to be prohibited or made subject to review should be carefully delineated. • • B-5 O 0 N +' C V N O c0. C L TS, • co 0 O /)C a � °a L oo > L �E > L o 0 0 O Q. d c0 c0 c0 Th. . t a 4. 3 0 � � E > -c . c00 v h A ' -F+ L Q s C p. CO a) 0 6 Q (Q O AL ,�nty �i-, CB O '� L -� C . rr Aq.;N F`�l n e. u' i-)' 0 -'-/:• -FJ: r 0 7 ..,., t3. -0• a CO p (0 CTS >, :. F' .. . 1 D a t' : gla; O :Q ,J . V 0 / v•4y U 7.j U) ti:. T - g, lfn,y',- of ,+,zro.a _ r{". rvr$.. },.�,.'w i!V:}3'0_ �'s^ ,.tJ a."x �n 4, 0 .0 " -EPm `-aYf' °t n 0 : CO•.•CO c ?�R gt. c � N - Os �' # C a) • co U Q w a) O O�'1 1,: O (0 • O C 0 p O O 0 U/� ;`O#` �333',t,`64Q� N O co E 0 co C s n (O #tea % 9 , , t X1 , 0 u)vakl.thE 0.) Jt :"-1 _: P'0 c W a ,o c i N , C 2'39Y g r1.� N 1 �4 C a) a) a- N 0 c C . _ O O n CO_E cC_ - L L. U U ► L U L � a )L v E a) c 5. •LN Q Q O Q '� C W EXHIBIT B B-6 STAFF REPORT 7";�� • PLANNING DEPARTMENT Date: January 14, 2009 RANCHO To: Chairman and Members of the Historic Preservation Commission CUCAMONGA From: James R. Troyer, AICP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: REQUEST TO EXPAND DUTIES OF THE HISTORIC PRESERVATION ORDINANCE UPDATE SUBCOMMITTEE TO INCLUDE PARTICIPATION IN FUTURE GENERAL PLAN STAKEHOLDER MEETINGS BACKGROUND: Staff is working with Chattel Architects to develop General Plan goals, objectives, and policies in regard to Historic Preservation. This includes updating the City's historical inventory of previously surveyed properties that are listed as "Surveyed Undetermined Significance" and identifying additional resources previously not identified, Staff held a kick-off meeting and Citywide tour with Chattel in mid-2008 and a series of meetings with the long-time residents of the community. Additionally, Chattel participated and gave recommendations at staffs Historic Preservation-Ordinance Update Stakeholder meeting in October. Chattel Architects' findings and studies will be included in the General Plan Update. • ANALYSIS: Currently, there is an existing City Council "Historic Preservation Subcommittee," whose tasks include: investigating potential historic districts, participating in Ordinance update stakeholder meetings, and providing comment and feedback on the General Plan Update. The current members are Councilmember Diane Williams and Councilmember Sam Spagnolo. There are also two Historic Preservation Commissioners serving on the Ordinance update stakeholder meetings; they are Commissioners Ray Wimberly and Lou Munoz. To further the General Plan Update goals pertaining to historic preservation, an additional committee comprised of various stakeholders will be created. Interested groups will be invited to the meeting for open discussion regarding long-term strategies. This committee will be comprised of: • Chattel Architects • The Historic Preservation Subcommittee members (Williams and Spagnolo) • Two members from the Historic Preservation Commission • Interested groups or individuals such as historical societies, homeowners, long-time residents, etc. • Planning Department staff. Staff anticipates the first meeting to be held in early February. The exact date of the meeting will be sent to all stakeholders. Having the two Commissioners currently serving on the Ordinance meetings (Wimberly and Munoz) participate in future General Plan stakeholder meetings would help synchronize the • formulation of long-term strategies for Historic Preservation, both in the General•Plan and the Historic Preservation ordinance. ITEM C HISTORIC PRESERVATION STAFF REPORT January 14, 2009 Page 2 RECOMMENDATION: • That the Historic Preservation Commission approve the recommendation that the two members from the Historic Preservation Commission (Wimberly and Munoz) that are serving at the Ordinance Update meetings expand their duties to include participation in future General Plan Stakeholder meetings. Respectfully submitted, 2eJ s R. Troyer, AICP Planning Director JRT:MN/Is • • C-2