505 S. Garey Ave
Pomona, CA 91766
Attachment 2Attachment 2
Attachment 2
Attachment 2
Wednesday, November 3, 2021 6:30 PM Via Video Conference 6:30 PM Via Video Conference
City of Pomona
Action Minutes
Historic Preservation Commission
Chairperson Ann Tomkins
Vice-Chairperson Tamara Gonzalez
Commissioner Chara Swodeck
Commissioner Jennifer Williams
Commissioner Alice R. Gomez
Commissioner James Gallivan
Commissioner Jim Kercheval
CALL TO ORDER
Chairperson Gonzalez called the Historic Preservation Commission meeting to order at 6:31 p.m. Via Video Conference.
PLEDGE OF ALLEGIANCE
Commissioner Swodeck led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Tamara Gonzalez
Commissioner Chara Swodeck
Commissioner James Gallivan
Commissioner Jim Kercheval
Commissioner Ann Tomkins
Absent: Vice-Chairperson Jennifer Williams
Commissioner Alice Gomez
Staff Present: Anita Gutierrez, Development Services Director Geoffrey Starns, Historic Preservation Supervisor
Lynda Lara, Assistant Planner
Alan Fortune, Assistant Planner
PUBLIC COMMENT
Anita D. Gutierrez, Development Services Director, read four emails that were received prior to the meeting.
Patty E., resident, stated in her email that recently there were large trees removed in the historic district. She said one tree was dead and the other trees were green & growing. She mentioned the reason she bought this house was these large trees. She asked the Commission to help preserve the trees in this neighborhood.
Mitch Elias, resident, mentioned in his email that there were mature trees removed in the 300 block of E. Pasadena, the 200 block of E. Pasadena and at 906 Palomares. He said that the Public Works Department removed the trees. He asked the Commission to get clarification from Public Works as to why the process was not followed.
Melissa Chavez stated that she lives in the Lincoln Park District and the Public Works Department removed two mature Camphor trees. She asked if the city would replace the trees that were removed. She expressed that we cannot continue to remove trees because our sidewalks are raised. She said if we are asking residents to go through the process so should Public Works.
Debra Martin, resident, mentioned that it seems staff is not using the Historic District Tree Ordinance process and asked staff to follow the new ordinance.
John Clifford spoke and invited the Commission to ride in the yearly Pomona Christmas Parade.
Dan McIntire spoke and stated that he lives in the 300 block of E. Pasadena and a tree was removed. He asked for a moratorium of tree removals in the historic district to review the process. He stated that there were cones put on the street without a notice and the next morning the trees were taken down. He said that the neighbors should have been noticed.
Bob Simpson said that he lives at 431 Chester Place and is with the neighborhood watch. He asked the Commission to allow fences in the historic district because there are no streetlights and there is a fair amount of activity on the streets.
COMMISSIONER COMMUNICATION
1. Report from Ordinance Review AdHoc Committee - Chairperson Tamara Gonzalez & Vice-Chairperson Jennifer Williams.
No Report from Ad-Hoc Committee.
2. Report from Stable AdHoc Committee - Commissioner James Gallivan & Chairperson Tamara Gonzalez.
Commissioner Gallivan informed the Commission that he spoke to Chris Diggs and was told that the current plan is to have everything at the site ready to move in on 2023. He mentioned that they would be making a 3-D model of the building, so they can have everything on the site documented. He stated there is an area over there where they are going to create a park.
3. Report from Educational/Outreach AdHoc Committee - Commissioner Kercheval & Commissioner Swodeck.
Commissioner Kercheval said that he attended a two-day conference, which was a commissioner training, and felt that the communicators were effective and the presenters were amazing. He said he is not allowed to share the content with the rest of the Commission.
4. Report from Maintaining Local Registry AdHoc Committee - Chairperson Gonzalez, Vice-Chairperson Williams & Commissioner Gomez.
Mr. Starns stated that he is taking the spreadsheet provided by the AdHoc and putting it on a list.
Commissioner Tomkins asked if staff could respond to the comments made during public comment and agendize the tree program on the next agenda.
Mr. Starns stated that the tree that was removed on Pasadena Street was a private tree and it was pulling up, which resulted in the foundation cracking. He said it went through the city process. He mentioned that about three years ago one Caphor tree was identified as dying. He stated we were processing the Certificate of Appropriateness when the City Arborist came to me and said it was going to fall anytime. He stated that the City Arborist under his discretion removed the tree. Mr. Starns said the tree located in the corner of Palomares and Pasadena Street was not scheduled to be removed. He said that someone on a wheelchair was stuck on the sidewalk because of the tree pushing it up. He stated Public Works removed everything around the tree so the City Arborist can look at it to see how much damage it had done on the street.
Commissioner Swodeck asked what happens until December 1, 2021.
Mr. Starns stated Public Works would come up with a design on what will be best to protect the tree and still provide ADA access. He mentioned that Public Works has no other plans to remove any trees.
Commissioner Gallivan said the parkway is 3 feet wide where the Camphor tree is located but the recommended distance is 8 feet.
Chair Gonzalez asked if Public Works will bring one solution to the Commission and we will implement or will the Commission decide what the best thing for our heritage trees is.
Director Gutierrez mentioned that the plans for the tree in the 200 block was to do this design and go through a Minor Certificate of Appropriateness and if the Commission does not like it, they can call it up for review.
Commissioner Tomkins asked if we could have more information on the trees that have been removed prior to an issuance of a COA or expiration of the appeal period at the next meeting.
Chair Gonzalez asked if we could have a discussion in our next meeting about having a moratorium on tree removals.
Commissioner Swodeck stated that we have set up a memorial at the Civic Center to honor our Pomona residents that have died because of Covid-19. She said that Pomona Connect Research Fair is this Saturday from 2pm-5pm.
The Commission agreed to continue item no. 1 (MAJCOA 16333-2021 – 1682 N. Park Avenue) due to a noticing issue. Planning staff missed the publication to the newspaper by one day. Director Gutierrez stated that the Commission would still be within 75 days timeframe the Commission needs to act on this matter.
The Commission agreed to continue item no. 3 (MAJCOA 16897-2021 -251 Lincoln Avenue) due to lack of quorum. Commissioner Williams and Gomez are not present for this meeting. Commissioner Gonzalez and Gallivan recused themselves from this discussion due to proximity of the property.
CONSENT CALENDAR
None
PUBLIC HEARING ITEMS
1. Major Certificate of Appropriateness (MAJCOA 16333-2021) Location: 1682 N. Park Avenue
Request: A Major Certificate of Appropriateness to demolish a Colonia Revival single-family structure built in 1905.
A motion by Vice-Chairperson Gonzalez, seconded by Commissioner Gomez, carried by a unanimous vote of the members present (5-0-0-2) to continue the item to the next scheduled meeting of December 1, 2021 due to issues with publication.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – yes; Commissioner Gomez - absent, Commissioner Gallivan - yes; Commissioner Kercheval– yes; Commissioner Tomkins – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 3 minutes (6:50 p.m. to 6:53 p.m.)
2. Major Certificate of Appropriateness (MAJCOA 16661-2021) Location: 278 Monroe Avenue
Request: A Major Certificate of Appropriateness to convert an existing 289 square foot garage into an Accessory Dwelling Unit (ADU) and to add 252 square foot to the ADU to a property located in the Lincoln Park Historic District.
Commissioner Kercheval asked for more details on the Spanish door. Mr. Starns stated the applicant said the door would match the house but it is condition that we see a cut sheet of it before they get a permit. Commissioner Kercheval requested a 6 x 6 post for this project.
Commissioner Tomkins asked if staff had any photos with the gate open so that we can see the garage or photos from the street. She said it looks like they will be changing the façade so that it no longer looks like a garage. Mr. Starns said that is correct and I do not have any photos with the garage door opened. He stated this is a photo from the street and the garage door has been changed and no longer the original.
Commissioner Kercheval asked why the two elevations do not have any windows. Mr. Starns responded with the South elevation is the closes to the property line and it currently does not have any windows; additionally, it will give privacy to the neighbor.
A motion by Commissioner Gallivan, seconded by Commissioner Kercheval carried by a unanimous vote of the members present (5-0-0-2) to approve MAJCOA 16661-2021 with the condition to enlarge the columns to 6x6 width.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – yes; Commissioner Gomez - absent, Commissioner Gallivan - yes; Commissioner Kercheval– yes; Commissioner Tomkins – yes OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 12 minutes (7:21 p.m. to 7:33 p.m.)
3. Major Certificate of Appropriateness (MAJCOA 16897-2021) Location: 251 Lincoln Avenue
Request: A Major Certificate of Appropriateness for a kitchen and bathroom remodel that results in exterior modifications on a property located in the Lincoln Park Historic District.
A motion by Chairperson Gonzalez, seconded by Commissioner Swodeck, carried by a unanimous vote by the members present (3-0-0-4) to continue the item to the next scheduled meeting of December 1. 2021 due to lack of quorum.
Chairperson Tamara Gonzalez - recused; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – yes; Commissioner Gomez - absent, Commissioner Gallivan - recused; Commissioner Kercheval– yes; Commissioner Tomkins – yes. *Chairperson Gonzalez and Commissioner Gallivan recused themselves due to proximity of the property.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 6 minutes (6:50 p.m. to 6:53 p.m.)
4. Major Certificate of Appropriateness (MAJCOA 17024-2021) Location: 466 West McKinley Avenue
Request: Major Certificate of Appropriateness to replace 15 wood frame windows with vinyl windows on a property located in the Hacienda Park Historic Distrct.
Mr. Starns opened the presentation for this item. He said that this started out with a Code Compliance complaint due to the windows being replaced with vinyl windows. He expressed that the only decorative features on this property is the gable ends and windows. He said based on what the Commission has told staff we have to recommend denial of the windows. He stated that he beliefs that replacing the windows is altering the decorative features of this house.
Commissioner Kercheval agreed with Mr. Starns on the decorative features of the gable ends and windows; however, the front door can also change a minimal traditional as well.
Chair Gonzalez asked should the Commission approve the denial of the Minor COA what are the penalties for the applicant. Mr. Starns said there are no penalties. Chair Gonzalez asked if staff inspected all the windows that were removed. Mr. Starns said no, but I disagree that the windows are not repairable.
Commissioner Gallivan asked if this house was currently for sale. Mr. Starns said yes.
Commissioner Kercheval asked if the front door of the property been replaced. Mr. Starns said not to my knowledge but I cannot say it has never been replaced.
Nathan, of RD Design, stated that the front door is original but the windows were replaced; however, the windows have more damaged than it is apparent in the photos. He asked if the applicant could apply for a Variance to keep the vinyl front windows.
Director Gutierrez said we received one public comment via email from Melissa Chavez asking the Commission to consider denial of the replacement of wood frame windows with vinyl.
Mitch, member of the public, stated if the applicant had gone to the proper protocol, he would have find that it would be easy to repair the windows.
Thomas, a member of the public, stated that in this neighborhood about 70% of houses have vinyl windows and asked the Commission to work with the applicant to resolve this issue in a way to meet their standards and no penalize the applicant.
Chair Gonzales asked the applicant if he knew that he was buying in the historic district. Mr. Uribe said yes.
Commissioner Kercheval stated that in the past, we had similar situations happen before us and we will ask to return the windows on the elevations that are facing the street and leaving the other windows alone. He said this would minimize the windows the applicant will need to buy. He mentioned that he is in favor of replacing the street facing windows with the 6x6 wood windows and compromise with the applicant to keep the rear facing windows.
Commissioner Tomkins asked how many windows are visible from the street.
Commissioner Gallivan said we have classes once a year to let people know how easy it is to repair wood windows.
Chairperson Gonzalez expressed that there is many vinyl windows on this main corridor and it minimizes the aesthetics of the property. She stated that she is discouraged that there is no penalties and that it had to go through the channels of Code Compliance. She mentioned that she is leaning in the direction to replace all the vinyl windows to wood and repair the original wood windows. She recommends denying the COA and moves to have all the originals put back in place.
A motion by Commissioner Kercheval, seconded by Commissioner Swodeck, to approve Major Certificate of Appropriateness to replace the vinyl windows no. 1-5, 15 & 14 with 6x6 wood windows and others to remain vinyl with the condition that staff keeps a photographic record and map, which will depict what the windows look like – this motion failed due to Commissioner Kercheval not able to support four findings to support his motion.
A motion by Chairperson Gonzalez, seconded by Commissioner Gallivan, carried by a unanimous vote of the members present (5-0-0-2) to deny the Major Certificate of Appropriateness and to have all the original windows put back in place.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – yes; Commissioner Gomez - absent, Commissioner Gallivan - yes; Commissioner Kercheval– yes; Commissioner Tomkins – yes.
OPPOSITION: None
IN SUPPORT: Mr. Uribe, applicant, spoke in support of this project.
Nathan, of Rd Design, spoke in support of this project.
Thomas, resident, spoke in support of this project.
DISCUSSION TIME: 57 minutes (7:34 p.m. to 8:31 p.m.)
DISCUSSION
1. Major Certificate of Appropriateness (MAJCOA 16336-2021) Location: 1694 N. Park Avenue
Mr. Starns opened the discussion on this item and informed the Commission that staff was not able to determine the findings for denial. Mr. Starns asked the Commission for clarification for the denial of the Major Certificate of Appropriateness.
Director Gutierrez also asked for clarification of the findings and asked Mr. Starns to read the findings staff heard on the audio.
Commissioner Tomkins stated that the demolition would adversely affect the aesthetics of the property and neighborhood.
Commissioner Kercheval stated that he voted to deny the MAJCOA due to the property proximity to the historic district.
Chairperson Gonzalez asked staff what do they need from the Commission regarding this Major Certificate of Appropriateness. Mr. Starns said what you gave me tonight takes care of this Director Gutierrez informed the Commission that the appeal period was suspended because we did not have the proper findings. She said that the appeal period would start again as of today.
Kimberly Catherine, on behalf of Pacific Springs LLC, stated that staff recommendation originally in October was to grant the Certificate of Appropriateness; in addition, the Historic Resource Report found that it is not eligible for landmark designation. She stated we are continuing to monitor and secure the property to ensure that it is not a nuisance to the neighborhood. She expressed that it is easier to secure something that is open and visible with a fence. She mentioned that it was red tag by Building & Safety because they stole the rocks from the foundation and I am asking the Commission to reconsider.
Christina Lazaretto, of Historic Preservation Research Group, we were asked to identify if we can make a finding and we did not find anything to contradict staff’s recommendation from the previous hearing. She mentioned that this property would not be consider an impact to the historic district.
Commissioner Tomkins stated that she went back to the 2017 hearing and in this approval; we condition the landscape to improve the aesthetics of the lot, which included a fence, concrete pad and tall plants to put a barricade around the property. She asked Kimberly if the property was ever landscaped. Kimberly said the landscaping was done and did provide photos to staff unfortunately at one time people came in and stole all of the electrical, wiring and plumbing forcing us to turn off the irrigation. Commissioner Tomkins asked if she had photos of the landscape that was done on the property. Kimberly said yes but photos were not provided.
Director Gutierrez stated to be mindful that this is not a public hearing. She mentioned that this was brought forward tonight for clarification on the decision of the Commission.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 34 minutes (8:32 p.m. to 9:05 p.m.)
2. Appeal of Minor Certificate of Appropriateness (MINCOA 16810-2021) Location: 332 Chester Place
Associate Planner Fortune opened the discussion on this item. Alan mentioned that he received several emails after the posting of the agenda that included images and videos. He provided the link to access the images and videos for the public.
Mr. Starns stated that this would be a precedent if it were approve as a Minor COA. He mentioned that the applicant would need to apply for a Major Certificate of Appropriateness.
Commissioner Tomkins asked if the owners of the properties on Chester Place wanted to replace their fences would they put a fence like this one that is being proposed. Mr. Starns said we would not allow them to put a fence like this one because it is legal nonconforming.
Commissioner Tomkins asked if staff has the ability to see a progressive timeline during the period of significance and forward to determine if there has ever been a fence. Mr. Starns said that in the photos that I have seen, I have not seen any fences in this neighborhood.
Gary Aguirre, applicant, stated that the reason for the fence is due to safety issues. He stated that there are no streetlights or floodlights in the neighborhood. He mentioned that when he has called the police they are not able to do anything because they cannot distinguish between private and public property.
Kristy Aguirre, applicant, provided the Commission with information on some of the crime activity in the neighborhood.
Commissioner Swodeck asked how do we support our neighbors and preserve the historic district.
Director Gutierrez mentioned that there is a decision made on the Minor COA if staff misinterpreted the rules as outline in the presentation. She stated that if you would like to support a fence then it would be a Major COA.
Chairperson Gonzales said that her concern is that just because you put a fence up it will not stop the crime. She stated we have more of a systemic issue in this neighborhood.
Commissioner Tomkins asked staff to clarify the fence ordinance the section that mentions open front yards and safety. Assistant Planner Alan mentioned that staff’s used the Historic Guidelines for fence & wall alterations and installations on historic properties. He said that staff conducted an analysis against these guidelines to determine if a front yard fence will be impactful.
Commissioner Gallivan stated that a short fence doe not keep people out and if it really is a problem, we ask that they submit police records.
Commissioner Tomkins asked again about what the fence ordinance state about safety.
Commissioner Swodeck mentioned that the front fence is a deterrent and it gives the resident a sense of security.
Chairperson Gonzalez said the fence will not stop the problem and it is a systemic issue; furthermore, putting a fence up will give the resident a false sense of security. We need to help by finding a solution as to what they can do.
Commissioner Tomkins expressed that it makes a different when putting up a fence.
Commissioner Swodeck stated that there is a bigger issue and it needs to go much further down the line in policy to protect our community.
Commissioner Gallivan said that a property owner on Alvarado and Garey put up a fence without asking, but he had all the police reports. Commissioner Gallivan stated that without having pictures of what the fence would look like I think it would be very difficult for us to make a decision without understanding the architecture significance of the home.
Commissioner Swodeck asked if a rendering of a fence would help make a decision. Commissioner Gallivan said for me yes.
Mr. Starns stated if that block is interested, there is nothing in the code that says the Major Certificate of Appropriateness can only be for one property. He said he is willing to look at the fences in their totality on the block and design each fence according to the style of the house. He mentioned the Commission could then review the total impact on that block.
Commissioner Swodeck said that would be a brilliant idea and asked if there is an ordinance related to hedges and landscaping. Mr. Starns stated that there is a height limit. Associate Planner Alan read the definition of a hedge per our ordinance.
Director Gutierrez mentioned the difference between a Minor and Major Certificate of Appropriateness. She mentioned that a Minor is ministerial in action implementing the ordinance as indicated without applying discretion. She stated a Major is appropriate when the Commission weighs all of these factors safety issues, character, neighborhood and the Commission come to a rational factoring all of these things.
Mr. Starns said if the Commission overturns staff’s decision and approves the Minor COA you could put conditions.
Director Gutierrez expressed that it is difficult to add conditions because this is not a public hearing and there is no resolution to add conditions. 1st – A motion by Chairperson Gonzalez, seconded by Commissioner Gallivan, carried by 2 “yes” votes and 3 “no” votes (2-3-0-2) to upheld staff’s recommendation to deny the fence.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – no; Commissioner Gomez - absent, Commissioner Gallivan - no; Commissioner Kercheval– yes; Commissioner Tomkins – no. 2nd – A motion by Commissioner Tomkins, seconded by Commissioner Swodeck, carried by 2 “yes” votes and 3 “no” votes (2-3-0-2) to reverse Staff’s decision to deny the fence.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – no; Commissioner Gomez - absent, Commissioner Gallivan - no; Commissioner Kercheval– yes; Commissioner Tomkins – no. 3rd – A motion by Commissioner Gallivan, seconded by Chairperson Gonzalez, carried by 4 “yes” votes and 1 “no” vote (4-1-0-2) to continue the item to the next scheduled meeting of December 1, 2021.
Chairperson Tamara Gonzalez - yes; Vice-Chairperson Jennifer Williams - absent; Commissioner Swodeck – no; Commissioner Gomez - absent, Commissioner Gallivan - yes; Commissioner Kercheval– yes; Commissioner Tomkins – yes.
OPPOSITION: None
IN SUPPORT: None
DISCUSSION TIME: 1 hour 12 minutes (9:06 p.m. to 10:18 p.m.)
3. Discussion Acceptable Replacements for Steel and Aluminum Windows.
Mr. Starns opened the discussion on this item. He stated that staff has been looking at manufacturers of windows for an alternative to our steel windows and aluminum sliders. He stated we found two manufactures that come close and showed the Commission several pictures of the windows. He said these windows as close as you would get to the original windows.
Chairperson Gonzalez asked of an approximation of homes with steel windows. Mr. Starns said about a quarter if that. Chairperson Gonzalez gave staff a referral for windows.
Commissioner Kercheval stated I am in favor of aluminum windows.
DISCUSSION TIME: 14 minutes (10:19 p.m. to 10:31 p.m.)
STAFF COMMUNICATION
Mr. Starns informed the Commission staff received an application for a demolition for the property located at 285 N. Thomas (Thomas & Monterrey). He mentioned that next month or in January, I will be doing the CLG yearly review, which will be brought forward the Commission. He also said that the tree program would be agendize next month.
Director Gutierrez stated that all the Mills Act contracts approved by the Commission was also approved by City Council and it is currently in the process of being recorded at the County Recorder’s office. She mentioned that we are making progress on selecting a consultant for the Historic Context and currently we are reviewing proposals.
ADJOURNMENT
The Historic Preservation Commission meeting was adjourned by Chairperson Gonzalez at 10:39 p.m. to the next regularly scheduled meeting of December 1, 2021 at 6:30 p.m.
Respectfully submitted, Prepared by,
Geoffrey Starns Miroslava PourSanae
Historic Preservation Supervisor Administrative Assistant