HISTORIC RESOURCE COMMISSION MEETING MINUTES Regular Meeting November 17, 2010 The regular meeting of the Coronado Historic Resource Commission was called to order at 3 p.m., Wednesday, November 17, 2010, at the Coronado City Hall Council Chambers, 1825 Strand Way, Coronado, California, by Chairperson Crenshaw. MEMBERS PRESENT: Crenshaw, O’Brien, Ryan, St. Denis MEMBERS ABSENT: Jones STAFF PRESENT: Tricia Olsen, Associate Planner Martha L Alvarez, Recording Secretary/Minutes Preparer CITY ATTORNEY: Lisa A. Foster APPROVAL OF MINUTES The minutes of November 3, 2010, were approved as amended. DIRECTOR’S REPORT Ms. Olsen introduced Attorney Lisa Foster, who will be available as a resource for the Commission. Ms. Olsen then reminded the Commission that the meeting of December 1, 2010, is cancelled. Commissioner Ryan inquired regarding the purpose of the attorney’s presence. Ms. Olsen said that the attorney was present to respond to any questions of the Commission regarding historic resource issues, although she would not be entering into any Commission discussion unless there is a need for legal advice. Attorney Foster clarified that she is attending today’s meeting to become more familiar with the Commission meetings. At this point, it is unclear whether she needs to attend every meeting or whether she needs to attend only those meetings where an agenda is identified to have legal issues associated with certain items. She said if there are no potential legal issues when reviewing an agenda, she may not attend the meeting. She commented there have been more challenging items lately and the perception is that legal assistance may be helpful. She stated that she does not see her role as engaging in policy discussions or second-guessing the Commission’s findings. ORAL COMMUNICATIONS AND OTHER MATTERS There were no members of the public wishing to speak at this time. Historic Resource Minutes November 17, 2010 Page 2 PUBLIC HEARING HRPA 2010-03 MARILYN FULTON – Request for Historic Preservation Mills Act Agreement for the historically designated residence addressed as 1000 Glorietta Boulevard and located in the R-1A (Single Family Residential) Zone. Ms. Olsen introduced the staff report as outlined in the agenda. Commissioner St. Denis asked if the Kate Sessions garden is protected from being changed, and if any changes must be approved by the Commission. Ms. Olsen responded that any changes to the landscaping must be reviewed by the Commission as the gardens are part of the historic designation. Commissioner St. Denis noted that the Commission (in 2007), when it designated the residence as historic, stated the structure meets the State program of landmarks and points of historical interest. Ms. Olsen said that generally the State Historic Resource Officer makes the determination that it is eligible for the State program; it is unusual that the Commission made this determination. The applicant, Marilyn Fulton, provided the Commission with an old photograph of the structure, gave a brief overview, and answered questions of the Commission. She noted that there were originally no site walls and believes that the walls may have been built in 1963. Ms. Fulton said she would maintain the walls but would not like it to be included as part of the designation. She also noted that the landscaping has changed and new plantings may have been added since the photograph was taken. She stated she would also maintain the desert landscaping as it currently exists. Ms. Olsen reminded the applicant that the City requires an historic alteration permit for any alterations to historic resources; no permitting fees are applicable. PUBLIC COMMENT Chris Ackerman inquired as to why hardscape or landscape within the central courtyard and not visible within the public right-of-way would require review by the Commission. Ms. Olsen responded that all alterations made to the parcel are covered by the historic resource alteration permit process. Pat Dicicco asked if the City would be interested in having the structure and landscaping designated under the state’s program of landmarks. Historic Resource Minutes November 17, 2010 Page 3 COMMISSION DISCUSSION Commissioner Ryan said Ms. Dicicco may be suggesting that the landscaping be included as part of the historic designation for Mills Act. Commissioner St. Denis said she thought Ms. Dicicco’s inquiry related to having the parcel designated under the state program. Ms. Fulton said this may be an issue because the landscaping has been changed since it was completed by Kate Sessions. Ms. Fulton said she would not be comfortable stating that this was an original Kate Session’s garden because many of the plantings no longer exist and new plantings have been added. Vice Chair O’Brien said he would support the recommendation for approval. Commissioner Ryan said he agreed, and recommended that the property be considered for approval this year since there are no associated costs to the City. Commissioner St. Denis said she supported the request for Mills Act approval, and asked about the process for approving the property this year. Ms. Olsen said she would inquire about having this property included on the list for review by City Council this year. Chairperson Crenshaw said she is in favor of the recommendation for approval. COMMISSION ACTION COMMISSIONER ST. DENIS MADE A MOTION TO FORWARD THE HISTORIC RESOURCE PRESERVATION AGREEMENT APPLICATION TO THE CITY COUNCIL WITH THE APPROVED LIST OF IMPROVEMENTS FOR 1000 GLORIETTA BOULEVARD (HRPA 2010-03) AS FOLLOWS: 1. 2. 3. GENERAL MAINTENANCE AND REPAIR; PRESERVATION AND MAINTENANCE OF THE LANDSCAPE; RESTORATION OF THE VIGAS ON THE SOUTH ELEVATION. THE FOLLOWING CONDITIONS WERE ADDED: 1. 2. REMOVE THE SECTIONS IN THE PRESERVATION AGREEMENT RELATING TO THE SITE WALLS AS THEY ARE NOT ORIGINAL TO THE PROPERTY; RECOMMEND TO CITY COUNCIL THAT THE AGREEMENT BE APPROVED AND RECORDED IN 2011 AS THIS AGREEMENT WILL NOT IMPACT CITY AND CDA REVENUES. VICE CHAIR O’BRIEN SECONDED THE MOTION. Historic Resource Minutes November 17, 2010 AYES: NAYS: ABSENT: ABSTAIN: Page 4 Crenshaw, O’Brien, Ryan, St. Denis. None. Jones. None. The motion passed with a vote of 4-0. There is a 10-day appeal period. Discussion regarding the City Council’s action on public hearing to review requests for 2010 Historic Preservation (Mills Act) Agreements for properties addressed as 1013 Adella Avenue (HRPA 8-07 Ron and Barbara Sosnowski); 744 B Avenue (HRPA 15-05 Scott Helmers and Robin Wood); 1010 Olive Avenue (HRPA 2-05 S. Lee and Shawna Meyer); 1111 Flora Avenue (HRPA 13-05 Marc and Lisa Zimmerman); 541 Ocean Boulevard (HRPA 1-06 Montalbano Family Trust); and 1427 Fifth Street (HRPA 12-09 Jeff and Candace Tyler). Ms. Olsen reported that the City Council, at their meeting yesterday, considered the Historic Resource Commission’s recommendation regarding approval of Mills Act agreements for 2010. The City Council directed staff to process the first seven agreements on the waiting list. Ms. Olsen said that two of the five agreements will need to be publicly noticed and will return before the City Council for final approval at their meeting of December 7. Commissioner Ryan asked if City Council discussed any rules regarding prioritization for future fiscal years. Chairperson Crenshaw noted that staff made a recommendation for approval of two properties, and asked for clarification of staff. Ms. Olsen said her role is to present the Commission’s recommendation to City Council; however, she must also present the recommendations submitted by the City Manager and staff. The City Manager indicated their preference to err on the side of caution and favored remaining below the fiscal cap as an alternate staff recommendation. Ms. Olsen said the Mayor indicated his intention to consider the agreements on a year-by-year basis, and it was mentioned in Council’s discussions their intent to reduce the number of properties on the waiting list as quickly as possible. Commissioner Ryan asked if the Commission’s recommendation was changed prior to City Council review. Ms. Olsen said no; the Commission’s recommendation was listed on the first page of the staff report and the alternate staff recommendation was listed second. Commissioner Ryan asked if City Council had mentioned the allocation of a gift from one of the community’s residents, Frances Harpst (now deceased). Historic Resource Minutes November 17, 2010 Page 5 Chairperson Crenshaw mentioned that one of the more conservative members of Council suggested that the entire gift be used to approve all properties on the Mills Act waiting list. Ms. Crenshaw also mentioned that members of the public inquired as to why the Historic Resource Commission did not pursue alternate methods of approving homes on the Mills Act waiting list in a more time manner, i.e. moving certain properties to the top of the waiting list. She said the City Council was aware of the Commission’s decision to not favor this method of approval as there were many property owners whose homes were on the waiting list that did not support this method. Commissioner St. Denis said Councilmember Woiwoide had inquired about this method of approval; however, the subject was not discussed at the meeting. Ms. Olsen clarified that Councilmember Woiwode may have been referring to the most recent recommendations for approval submitted by the Commission. Chairperson Crenshaw commented that Councilmember Downey had suggested making changes to the Historic Resource Commission’s criteria as she does not feel that the criteria is sufficiently specific and criterions overlap one another. Ms. Crenshaw then mentioned that Councilmember Downey supports historic preservation only if it is completely on a voluntary basis. Ms. Olsen said that staff has been directed to provide a staff report to City Council which highlights the issues that Councilmember Downey addressed in her letter. The City Council, at the request of Councilmember Downey, voted in favor of having the item return for further review and discussion. Chairperson Crenshaw stated that the City Council agreed to not include on the Mills Act list of recommendations for approval the property addressed as 1427 Fifth Street because it would not be approved in chronological order. Commissioner St. Denis thanked Commissioner Ryan for his suggestion that the Commission recommend to City Council approval of the top five properties for Mills Act. She was pleased that all five properties were approved. Commissioner St. Denis requested that staff agendize an item regarding discussion of the Preservation Ordinance. Ms. Olsen confirmed the request would be agendized. Discussion of preservation of resources from the modern era. (No report) Commissioner St. Denis stated that Coronado is out of step with other cities in California with regard to the Historic Preservation Ordinance and its ability to protect the mid-century modern architecture, because of the 75-year age requirement. She suggested the requirement be changed. Historic Resource Minutes November 17, 2010 Page 6 Commissioner Ryan suggested that the Commission continue to move forward with historic preservation. He said it is time that the Preservation Ordinance be re-visited, and suggested that our Ordinance be compared to those of other cities. Vice Chair O’Brien said he disagrees with both Commissioners’ comments. He stated that Coronado is very different from Del Mar or San Diego. Coronado cannot be benchmarked to those towns because those towns have design review issues in addition to neighbors being in strong disagreement with one another on a daily basis. Coronado has developed a very strict set of requirements for future development via RSIP. From a builder and homeowner’s perspective, one already knows the rules going into the city. If the 75-year age requirement is lessened to mid-modern, then there are no rules—every property owner would claim to be either the world’s best architect or have the best architecture. Mr. O’Brien said he does not support the suggestion. Chairperson Crenshaw agreed with Commissioner St. Denis that there are unique homes which were built by mid-century modernist; she feels that these small groups of homes should be protected. Ms. Crenshaw said she supports the suggestion. Commissioner St. Denis commented that there are criteria for being recognized as a Master Architect or Master Builder, and suggested that the criteria for approval be very restrictive. Ms. St. Denis mentioned the City of San Diego’s Modernism Historic Context Statement which provides a list of modernist architects that are considered masters. She requested additional information on San Diego’s process of adopting modernism historic context. Commissioner O’Brien requested that staff also provide the Mission Statement of the Historic Resource Commission. COMMISSION ACTION CHAIRPERSON CRENSHAW MADE A MOTION TO CONTINUE THE ITEM TO ALLOW STAFF TO PROVIDE ADDITIONAL BACKGROUND INFORMATION REGARDING THE CITY OF SAN DIEGO’S MODERNISM HISTORIC CONTEXT STATEMENT, AND THE MISSION STATEMENT OF THE HISTORIC RESOURCE COMMISSION. COMMISSIONER ST. DENIS SECONDED THE MOTION. AYES: NAYS: ABSENT: ABSTAIN: Crenshaw, Ryan, St. Denis. O’Brien. Jones. None. The motion passed with a vote of 3-1. MISCELLANEOUS Commission direction regarding a request by Commissioner Crenshaw to docket a discussion item on a future agenda. Historic Resource Minutes November 17, 2010 Page 7 Ms. Olsen reported that Chairperson Crenshaw had requested, at the November 3, 2010, meeting, that discussion regarding the placement of the FAU at the property addressed as 721 B Avenue be docketed for Commission discussion. Ms. Olsen communicated that the City Attorney had advised staff that it is not appropriate for the Commission to return an already approved and permitted item to the Commission because once the Commission approves the project and the appeal period expires, the Commission no longer has jurisdiction over the permitting process. Commissioner St. Denis asked if the item would be heard by the Commission if a neighbor were to make a formal complaint. Ms. Olsen responded that a person may make a formal complaint to the City’s Code Compliance Department. This complaint would be considered a potential code issue and an administrative matter. Commissioner Ryan asked for clarification about the City’s method of safeguarding the community from these types of situations. Ms. Olsen clarified that staff has added, as part of a condition to every Historic Alteration Permit Resolution, the condition that all mechanical equipment be out of the public view. However, this Resolution was not in place when the Commission approved the permit for 721 B Avenue, and the condition was not part of the Resolution at that time. Commissioner Ryan asked if all of the equipment improvements were visible on the elevation and drawings that were submitted by the property owners. Ms. Olsen said no; it was included on the roof plan that the Commission reviewed prior to approval of the project. Commissioner Ryan asked if there is any way to advise the applicant that there may be consequences if they do not adhere to the plans as submitted. Ms. Olsen suggested that the best method to address this issue is to question the applicant at the time of submittal if the plans appear to be incomplete or not represent what will actually be constructed. This would be the time to advise the applicant to return when the plans are complete and in order. Staff is the first point of contact and reviews the plans prior to agendizing the item for review by the Commission. Chairperson Crenshaw asked if the complainant, Martha Jay, has any recourse at this time. Ms. Olsen replied that Ms. Jay has not made a formal complaint to the City at this time. She added that, at the request of Ms. Jay, Senior Planner McCaull and she visited the site; however, neither Ms. McCaull nor she found construction which was outside of the Zoning Ordinance or Building Code with regard to the FAU. Historic Resource Minutes November 17, 2010 Page 8 Attorney Foster commented that with regard to the neighbor’s concern, the neighbor should be informed of the fact that the party that holds the permit has a right to build according to the plans; the plans cannot be changed. This is called the Vested Rights Doctrine—once the permit is issued and the party has taken action and reliance on it, there is nothing the City can do legally to go back and add additional conditions. ADJOURNMENT There being no further business, the meeting was adjourned at 4:15 p.m. Rachel A. Hurst, Director of Community Development, Redevelopment & Housing Services