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HomeMy WebLinkAbout2013/04/24 - Minutes - PC-HPCTHE CITY OF RANCHO CUCAMONGA THE MINUTES OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION APRIL 24, 2013 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 11 I. CALL TO ORDER Pledge of Allegiance 7:00 PM Roll Call Chairman Howdyshell x Vice Chairman Fletcher x Munoz x Wimberly x Oaxaca Additional Staff Present: Jeff Bloom, Deputy City Manager, Economic and Community Development; Lori Sassoon, Deputy City Manager, Administrative Services; Candyce Burnett, Planning Manager, Dan James, Sr. Civil Engineer; Lois Schrader, Planning Commission Secretary; Trang Huynh, Building Official; Tabe van der Zwaag, Associate Planner; Mayuko Nakajima, Assistant Planner,, Steven Flower, Assistant City Attorney. 11 II. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, orengaging in any activity which might be disruptive to the decorum of the meeting. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES R,NC„a APRIL 24, 2013 CONGA Page 2 11 III. ANNOUNCEMENTS AND PRESENTATIONS A. UPDATE ON THE MAIL BALLOT FOR VICTORIA NEIGHBORHOOD PARKS AND LANDSCAPING NEEDS Lon Sassoon, Deputy City Manager, gave a PowerPoint presentation (copy on file). IV. CONSENT CALENDAR/HISTORIC PRESERVATION AND PLANNING COMMISSION B. Approval of regular meeting minutes dated April 10, 2013 C. Approval of adjourned (workshop) meeting minutes dated April 10, 2013 Motion to approve the consent calendar by Munoz. Seconded by Wimberly. Adopted 4-0-1 (Oaxaca absent). V. PUBLIC HEARINGS/HISTORIC PRESERVATION COMMISSION The following items have been advertised and/or posted as public hearings as required bylaw. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per Individual for each project. Please sign in after speaking. D. ENVIRONMENTAL ASSESSMENT AND DEMOLITION PERMIT DRC2013-00157 — CUCAMONGA VALLEY WATER DISTRICT (CVWD): A request to demolish "The Chinatown House," a designated historic landmark, in the Mixed Use/Retail (MUR) District located at 9591 San Bernardino Road that has been deemed unsafe for occupancy by the City's Building and Safety Official and "red-tagged" on December 6, 2012, APN: 0208-151-24. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mayuko Nakajima, Assistant Planner, gave a PowerPoint presentation (copy on file). Candyce Burnett, Planning Manager stated that the Commission had also been given the following items: an excerpt from an appraisal report that concludes the base value of the property is $695,000; a Chinatown House Adaptive Reuse report submitted by Eugene Moy showing the costs to protect, preserve and restore the structure would be 1.76 million dollars; and a letter from CVWD that states it would comply with the mitigation measures outlined in the report from staff. Trang Huynh, Building Official, gave a PowerPoint presentation (copy on file) and gave an update regarding prior inspections, HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES WNC„G APRIL 24, 2013 Cu ANONGe Page 3 Commissioner Wimberly said there is an indication of "demolition by neglect" and asked whether anyone notified the owner of its responsibility to maintain the property. Chairman Howdyshell said she found the report informative and reported that she went to the site today to see it firsthand. Vice Chairman Fletcher stated that no one would expect a building built 80-100 years ago would meet today's codes. He asked if current codes would be required and if so, then would it depict how it was originally built. Mr. Hyung said he used the California Historic Building Code which is different than today's standards. He said, for example, the wind tolerance requirement is only 75% of what the new code requires. Commissioner Oaxaca arrived at 7:37 PM, Vice Chairman Fletcher asked if the fact that it is secured with fencing mitigates the safety risk. Candyce Burnett said that even though it is red tagged, people are breaching the fence and it is still a safety hazard. Commissioner Oaxaca asked how the deterioration of the building is relevant to physical integrity of the structure vs. historic integrity of the structure and how that relates to the MND. Jo Lynne Russo -Pereyra, Assistant General Manager of CVWD, said the District will comply with the demolition order and conditions/mitigations in the report. Vice Chairman Fletcher asked if there has been any discussion of selling the property to the historic groups. Ms Russo -Pereyra said no. The project will be reviewed by the District's Engineering Committee on May 1" and then to a Board meeting following that. She said the District has no plans to sell at this time. She said they are not in the business of historic preservation; they are in the business to sell water and sewer services and they do not want their water customers or the District to be liable. She said a proposal for 1.7 million was presented but without any specific plan for funding and CVWD will not provide those resources. Commissioner Munoz asked what the CVWD has spent over the years to maintain the structure or make it safer other than fencing. Ms Pereyra said she did not have any prior information to the red tagging. She said they have gone out to the property to maintain the fence when it is compromised. Chairman Howdyshell opened the public hearing. Luana Hernandez of HPARC said the building has been neglected and read a letter from the California Preservation Foundation (copy on file). HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO APRIL 24, 2013 CUCAMONGA Page 4 Paul Perez, member of the Chinatown Historical Society, the CACA, and other groups said demolition is not the only option. He provided a letter from the Office of Historic Preservation - signed by Jean Saunders (copy on file). He said they have raised $1,000 and are just starting to address the financial need. Ed Dietl of HPARC said the only thing CVWD does is patch the fence.. He read from letter from the National Trust for Historic Preservation (copy on file). He said this is a case of demolition by neglect. He said an EIR is required when there is a conflict of opinion. He said the mitigation measures are insufficient. Eugene Moy, VP Chinese Historical Society of Southern California, VP of the Chinese American Alliance Lodge and VP of the Chinatown House Preservation Coalition, said the community has not had enough time. He said millions of dollars are spent to reinforce/renovate old structures. He said that grants are given for other preservation efforts. He said he recognizes the technical challenges. He said he has a letter from Chatten-Brown & Carstens LLP (copy on file). Sandy Dietl said that if it was her house, the City would have made her make it right. She said CVWD does not want the liability or to sell or donate it. Chairman Howdyshell closed the public hearing at 8:20 pm. Commissioner Munoz said he considered the MND and cannot support stairs recommendation. He said several stays have been given, its red tagged, and fenced and safe enough for 4 months. He said we should allow more time to make an informed decision regarding the alternatives. He said he concurs with some of what he heard from the public. He said CVWD purchased the property knowing it was historic and did nothing. He said he has seen homes in worse condition restored. He said he is not debating the Building Official's opinion but the City needs to explore the alternatives to see if the building can be saved. Vice Chairman Fletcher asked the Assistant CityAttomey about staff's recommendation regarding the MND and the legal questions raised by the Office of Historic Preservation. Steven Flower, the Assistant City Attorney, said he reviewed all the correspondence and said no new substantial evidence was given that supports a conclusion that MND is incorrect. He said the Initial Study draws a connection between the loss of significance and loss of the structure. He said the evidence shows that preservation will cost $1.768 million and the appraisal of the property is only $695,000 (2.5 times the cost of the property). If there are no funds to preserve it: there is no way it will survive. He said the Commission has before them a narrow issue on which they can offer advice. He said the MND is legally defensible but that the Commission can reach a different conclusion. He said with respect to the `fair argument" standard, that it applies to all Mitigated Neg Decs. In response to Vice Chairman Fletcher, he said the requirement in the Municipal Code for a Certificate of Appropriateness does not apply when the Building Official deems the building publicly unsafe. Commissioner Oaxaca said the Commission needs to be grounded in reality based on short termAong term affects. He said he did not see the justification for demolition. He said he also does not believe significance is dependent upon the physical condition of the structure. He said HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES CW'.;;o o APRIL 24, 2013 Page 5 he did not believe the proposed MND is valid. He said an EIR should be prepared. He said the City's own documentation shows significance of the China House. He said preparation of an EIR would provide a formal transparent process that would better inform the Commission. Chairman Howdyshell said she concurred with Commissioner Oaxaca. She said that raising 1.7 million dollars is a challenge and she had hoped that the preservation groups would have secured some money by now. She said the property is deteriorating daily. She said preparing an EIR will allow more time for a more informed decision. Vice Chairman Fletcher said the Commission did not hear from the preservationist groups until the building was red -tagged. He said he did not expect the CVWD to pay for to repair the structure, but it bought a property with a historic structure on the property. He said he did not see a resolution unless the owner sells the property. He said the building will probably fall down before it gets preserved. He said the City has not discussed all the alternatives. He said he is not opposed to letting it sit there as long as an effort is made to protect the public. Mr. Flower said the Commission has the option to accept or reject the MND, take no action, or recommend an EIR. He suggested the Commission could act on two motions; the first to accept or reject the MND; and the second to advise there be no demolition or action until an EIR is prepared. Mr. Hyung said the demolition order was sent but CVWD has not applied for the demolition permit yet. Motion: Commissioner Munoz moved to reject the proposed MND. Seconded by Wimberly. Carried SO Motion: Commissioner Fletcher moved to advise the Building Oficial to delay demolition of the Chinatown house until an EIR is prepared and in the meantime ask the CVWD to implement an emergency stabilization plan for the structure. Seconded by Oaxaca. Carried 5-0 9.10 PM 11 VI. PUBLIC HEARINGS/PLANNING COMMISSION 11 The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. MODIFICATION OF DEVELOPMENT REVIEW DRC2010-00868 - CITY OF RANCHO CUCAMONGA — A request to modify the Engineering Conditions for previously approved Planning Commission Resolution No. 12-18. The modified condition will require the receipt of an in -lieu fee for the future construction of street improvements instead of the current requirement for the installation of the improvements located within the General Industrial District, at 13249 Arrow Route — APN: 0229-171-15 and 0229- 171-16. This project is categorically exempt from the requirements of the California HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES P�n,cxo APRIL 24, 2013 CUCAMONGA Page 6 Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15301(n) (Class 1 Exemption — Existing Facilities) conversion of a single-family residence into an office use. Dan James, Sr. Civil Engineer, gave a PowerPoint presentation (copy on file). He said the applicant is concerned about the costs of the in lieu fees, which total about $72,300. Staff believes the fees to be appropriate. He said the only change proposed for the project is to the requirement for street frontage improvements. He said undergrounding would still be required if the property to the north is developed. The amended condition would read as follows: 2) An in -lieu fee for the future construction of street improvements along the frontage of 13249 Arrow Route must be paid prior to building permit issuance. Chairman Howdyshell opened the public hearing. Jose Mendez asked about the requirements for using the property and said he was told nothing - and then they bought the property. He said he has had to pay other fees as well and now they have to do landscaping, a block wall, and pay for street improvements. He said he cannot afford it. Chairman Howdyshell closed the public hearing. Commissioner Munoz said the application was approved a year ago and the applicant knew what needed to be done. He said he did not understand the 'I didn't know' excuse. He said he is okay with the City's requirements. Commissioner Wimberly said he concurred with Commissioner Munoz. He said he remembered the prior approval and that the applicant knew what was required. Commissioner Oaxaca said he agreed. He said these are standard fees that are applicable to any project. Vice Chairman Fletcher said he agreed and that these are -standard fees and conditions. Chairman Howdyshell said this was approved by resolution a year ago and it was clear what the requirements were. Mr. Flower recommended that Section 5 of the draft resolution be changed as follows: 'Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the amendment of Engineering Condition, number 2 for DRC 2010-00868 to state as follows: "'An in -lieu fee for the future construction of street improvements along the frontage of 13249 Arrow Route must be paid prior to building permit issuance. "' HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES P ,NCHo APRIL 24, 2013 CucA.uoNce Page 7 Motion: Commissioner Munoz moved to approve the draft Resolution k13-21 with the change recommended by Mr. Flower. Seconded by Commissioner Wimberly. Carried 5-0 F. CONDITIONAL USE PERMIT DRC2013-00034 (MODIFICATION) - VERIZON WIRELESS -A request to modify a previous approval (DRC2011-00688) for the site and architectural review of a 45 foot tall (top of branches at 50 feet) major wireless communication facility on the site of the Sacred Heart Catholic Church within the Regionally Related Commercial (RRC) Development District and the Medium (M) Residential Development District of the Etiwanda Specific Plan (South Overlay) at 12676 Foothill Boulevard - APN: 0227-211-02, 24 and 25 and 0227-221-01 and 02. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 3 (CEQA Guidelines Section 15303) exemption which covers the installation of small new equipment and facilities in small structures. Commissioner Munoz recused himself from the public hearing because of the possibility of a conflict of interest due to his employment with AT&T, which provides similar telecommunication services. He left the Council Chambers at approximately 9:25 PM. Tabe van der Zwaag, Associate Planner, gave a PowerPoint presentation (copy on file). He states there was new correspondence from the public, which had been placed before the Commissioners in support of the project (copy on file). Mr. Flower said the Federal Communications Act restricts cities' ability to limit these facilities because of emissions/radio frequency health concerns. Fiona Hillyer for Verizon Wireless thanked the Commission and staff for the prior approval. She said they worked with the church and school to find an alternative location. She said they concur with the staff report. She said the coverage issue is related to both voice and data. Chairman Howdyshell opened the public hearing. Scott Nichols representing 40 parents, submitted a letter (copy on file) detailing the issues and arguments. He maintained that if any provider can fill the gap then there is no significant gap. Mr. Flower said gap analysis is done provider by provider Yesenia Olagu said she is a parent of a child at the school and presented a petition of local residents who oppose the project. She asked the Commission to deny approval because she said there is no coverage gap and she asked the Commission to revoke the prior permit for lack of notification. Gail Olague said she has been a student at Sacred Heart for 4 years and is. upset and does not want to change schools. She said cell towers give off radiation. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES WNCHO APRIL 24, 2013 CIPCAMONGA Page 8 Kurt Kumar said he opposed the project because there is no gap in coverage and parents were brought in late. He said the applicant can upgrade the coverage on another tower. He asked for the prior approval to be revoked. Armando Ochoa said she supported denial of the modification and revoking the prior approval because parents were not notified and she said there is no evidence the tower is safe. Derrick Robertson said he recommended denial for health concerns and no lack of coverage. Gabriel and Joshua Paris asked the Commission to deny the project and revoke original approval based on failure to notify parents. He said the Bishop refused to meet with parents. He said there is no coverage gap and the site is not needed. Jackie Alkhouri asked for denial because of uncertain future health problems and no reception or drop call issues. Richard Canets asked for denial for health concerns and did not believe the FCC's guidelines. Arlene Vergara asked for denial. She said there is no coverage gap and the facility is unnecessary and unsightly. She said radiation can lead to cancer and that other sites are available. Natzllely C. de Vaca asked for denial because a disguised tree is disgraceful and the need to protect the children. Kiera Hoyle asked for denial. She said coverage is fine and that she has fear of the greater risk Joe Kuskie asked for approval of the north end location. Larry Meyer said not everyone at Sacred Heart is opposed. He said everyone is speaking about health even although they cannot discuss health. He said if this location is not approved, the tower will end up closer. He said that Verizon is a business and would not spend money if it did not have to. He said the facility next door is no closer than the one being proposed. Agnes Morales requested denial of the project and revocation of the previous approval. She said they were never notified of negotiations between the church and Verizon. She said the diocese has 10 other contracts for towers on other school properties. She said there are longterm effects of radio frequency. Father Benedict, Pastor of Sacred Heart, said the prior cell tower decision was already in place prior to his coming to the church. He said the Church and school are one, and not divided. He said cell towers and emissions do not constitute health hazards. Sandra Diaz said there are no coverage gaps or dropped calls and that there is published information about adverse health effects. Isabell Montanez asked for denial for safety reasons. HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES R:kNcHo APRIL 24, 2013 Page 9 Tony Morales said it is safe to have this and asked the Commission to approve the modification request. He said the diocese met with parents and Verizon to move the facility further from school to address their concerns. He said the American Cancer Society says cell towers are safe next to schools. He said the new location is more aesthetically pleasing and the income is needed. Emma Alcantara asked for denial. Chairman Howdyshell closed the public hearing at 10:40 PM. Mr. Flower noted the requests for the existing approval to be revoked. He said that issue was not noticed and therefore the Commission cannot address that at this time. Commissioner Wimberly said this application is to modify a previous approval and move the site. He said denial does not affect the prior approval. Prior approval leaves the cell site in the initial location. He said installation of these towers is pretty standard. He said they could not address the lack of dialogue between the diocese and the parents nor can the Commission address health issues. He said he would support the application. Commissioner Oaxaca said that he is a parishioner of Sacred Heart and that he is very familiar with the church and volunteers there. He said he is frustrated because the real issue is not what is before the Commission. He said the parents feel they have not been heard by their church. He said he cannot address health effects and even if he could, he was not sure that would change their minds. He said the City's ordinance does not give the Commission a way to address service gaps and that it is up to the provider to determine. He said the Commission can only look at aesthetics and if it meets our standards. He said it does. He said the proposed location is the best option. Vice Chairman Fletcher said the comments were well taken. He said the parents are passionate about safety of their children and the health issues maybe fear of the unknown. He said -the City has processed many of these requests. He said the Commission cannot consider revoking the prior CUP. He said businesses do not spend money if there is no need for it. He said he is in support. Chairman Howdyshell said she concurred with the Commissioners. She said the project is fully entitled. She thanked the parents, as they are stakeholders at the school and church. She said the lack of communication between the school and parents is not before us; the standards have been met. Motion: Commissioner Fletcher moved to approve the draft Resolution #13-20. Seconded by Commissioner Oaxaca Carried 4-0-1 (Munoz recused). VII. COMMISSION CONCERWHISTORIC PRESERVATION AND PLANNING COMMISSION Chairman Howdyshell announced that the Rancho Cucamonga Public Library won a National Medal for Museum and Library Service. She noted that the Planning Department and the HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RkNCHo APRIL 24, 2013 CocvboNoA Page 10 Commission partnered with the library on several of their projects. She said it is the nation's highest honor conferred on museums and libraries for service to the community IL- VIII. ADJOURNMENT 11 The meeting adjourned at 10.50 PM