City of San Juan Capistrano Agenda Report

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1 ITEM E1 City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Cultural Heritage Commission Development Services Department Submitted and Reviewed by: Sergio Klotz ~ t\ssjstant Director~ Prepared by: Charlie View, Project ManagV February 28, 2017 Continued Consideration of Appointing an Ad-hoc Subcommittee to Assist with Preparing an Updated Application for the Determination of Eligibility of the San Diego Gas and Electric San Juan Capistrano Substation for the National Register of Historic Places RECOMMENDATION: By motion, appoint an Ad-hoc Subcommittee of two Commission Members to assist with updating the application to the National Register of Historic Places for the San Diego Gas and Electric Company San Juan Capistrano Substation. DISCUSSION/ANALYSIS: At the January 24, 2017 meeting of the Cultural Heritage Commission, staff presented the attached agenda report (Attachment 1) regarding the appointment of an Ad-hoc Subcommittee of two Commission Members to assist with updating the application to the National Register of Historic Places for the San Diego Gas and Electric Company San Juan Capistrano Substation. The Commission discussed the importance of supporting the nomination process and the role of the Ad-hoc Committee. At the conclusion of the discussion, it was determined that given the absence of Commissioner Smead, it would be appropriate to continue consideration of the Ad-hoc Committee to the February 28, 2017 meeting. The attached report provides additional background on the role of the Ad-hoc Committee and the nomination process. FISCAL IMPACT: Not Applicable

2 CHC Agenda Report February 28, 2017 Page 2 of 2 ENVIRONMENTAL IMPACT: The requested action is exempt from review under the California Environmental Quality Act (CEQA) because the appointment of a subcommittee to assist with the National Register Application is not considered a project and therefore is not subject to CEQA review. PRIOR CITY COUNCIL REVIEW: On March 3, 2015, City Council approved to support a letter to the State of California's Offices of Historic Preservation nominating the San Diego Gas and Electric Company building to the National Register of Historic Places. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: On October 25, 2016, the Cultural Heritage Commission received an update on the status of the National Register of Historic Places Application for the SDGE San Juan Capistrano Substation and directed staff to prepare a follow-up Agenda item for consideration of a subcommittee to assist with the Application. On January 24, 2017 the Cultural Heritage Commission continued consideration of the Ad-hoc Committee to the February 28, 2017 meeting. NOTIFICATION: Ms. lise Byrnes Duane Cave, SDGE ATTACHMENT(S): Attachment 1 -January 24, 2017 Cultural Heritage Commission Agenda Report

3 City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Cultural Heritage Commission Development Services Department? Submitted and Reviewed by: Sergio Klotz, Ass i s!a n~irecto r" Prepared by: Charlie View, Project Manager C.tP-{If'/ G./ January 24, 2017 Consideration of Appointing an Ad-hoc Subcommittee to Assist with Preparing an Updated Application for the Determination of Eligibility of the San Diego Gas and Electric San Juan Capistrano Substation for the National Register of Historic Places V RECOMMENDATION: By motion, appoint an Ad-hoc Subcommittee of two Commission Members to assist with updating the application to the National Register of Historic Places for the San Diego Gas and Electric Company San Juan Capistrano Substation. DISCUSSION/ANALYSIS: At the October 25, 2016 meeting of the Cultural Heritage Commission, staff presented an update on the status of the application to the United States Department of the Interior, National Parks Service, National Register of Historic Places for the San Diego Gas and Electric Substation Building (Attachment 1). After receiving the update and discussing the application process, the Cultural Heritage Commission directed staff to bring back an action item for consideration of the establishment of a subcommittee of the Commission to assist with the application. The City of San Juan Capistrano 2008 Commissioners Handbook provides the following guidance regarding the establishment of subcommittees: SECTION Ill CONDUCTING THE PUBLIC'S BUSINESS RELATED LAWS & POLICIES ATTACHMENT 1

4 CHC Agenda Report January 24, 2017 Page 2 of 3 All public agencies in California must comply with certain laws that ensure: The public is involved in the decision-making process, The decision-makers will not realize personal financial or economic gain from their participation in the decision, That information generated and maintained by the agency is open for public inspection, and Public officials are trained and maintain current understanding of ethics. FORMATION OF SUBCOMMITIEES Commissions may form subcommittees of its members to study more complex matters of concern. Subcommittees are formed by the vote of a majority of the commission. They are temporary and should not last more than six months. After completion of the particular study, the subcommittee should be disbanded. Based on the direction provided by the Commissioner Handbook and State Law regarding public meetings (Brown Act), staff recommends the Commission consider appointing an ad-hoc subcommittee to assist with the updated application to the National Register of Historic Places. As an ad-hoc committee, the two Commissioners' would have more flexibility in scheduling time to work on the application and meet with community members who are also working to update the application. In the interest of clear communication and transparency regarding government activities, the ad-hoc committee could provide regular reports to the full Commission at their regular meetings. As discussed in the attached report, listing on the National Register of Historic Places requires the approval of the property/building owner. San Diego Gas and Electric has not agreed to this listing and in fact has challenged the request for Determination of Eligibility. The primary author of the nomination, Ms. lise Bryns has indicated she will continue her efforts to have the building found eligible for listing on the National Register and would welcome volunteer assistance to work with on this effort as it moves forward. The request for Determination of Eligibility is submitted through the State of California Historic Preservation Office and the effort to address the comments of the National Register will be coordinated through this office. FISCAL IMPACT: Not Applicable ENVIRONMENTAL IMPACT: The requested action is exempt from review under the California Environmental Quality

5 CHC Agenda Report January 24, 2017 Page 3 of 3 Act (CEQA) because the appointment of a subcommittee to assist with the National Register Application is not considered a project and therefore is not subject to CEQA review. PRIOR CITY COUNCIL REVIEW: On March 3, 2015, City Council approved to support a letter to the State of California's Offices of Historic Preservation nominating the San Diego Gas and Electric Company building to the National Register of Historic Places. COMMISSION/COMMITIEEIBOARD REVIEW AND RECOMMENDATIONS: On October 25, 2016, the Cultural Heritage Commission received an update on the status of the National Register of Historic Places Application for the SDGE San Juan Capistrano Substation and directed staff to prepare a follow-up Agenda item for consideration of a subcommittee to assist with the Application. NOTIFICATION: Ms. lise Byrnes Duane Cave, SDGE A TI ACHMENT{S): Attachment 1 -October 25, 2016 Cultural Heritage Commission Agenda Report

6 ITEM G1 City of San Juan Capistrano Agenda Report TO: FROM: DATE: SUBJECT: Cultural Heritage Commission Sergio Klotz, Assistant Development Service~ J?irector.cy Prepared by: Charlie View, Project Manager(j.) October 25, 2016 Update on the Determination of Eligibility of the San Diego Gas and Electric San Juan Capistrano Substation for the National Register of Historic Places RECOMMENDATION: By motion, receive and file the update report. DISCUSSION/ANALYSIS: The United States Department of the Interior, National Parks Service, National Register of Historic Places has returned the request for Determination of Eligibility for the National Register submittal for the San Diego Gas and Electric San Juan Capistrano Substation for "substantive and technical" reasons (Attachment 1). In reviewing the letter regarding why the request was returned, it is evident the National Register in fact supports the qualification of the building for eligibility as illustrated by this quote from the letter "It is our opinion that the building is eligible for inclusion in the National Register of Historic Places under Criterion A,... " and further the letter indicates it is likely the entire site might be found to qualify for the National Register; "It might be best, if this property is resubmitted, to revisit the boundaries of the nominated property and to look at the entire facility." Listing on the National Register of Historic Places requires the approval of the property/building owner. As the Cultural Heritage Commission may be aware, San Diego Gas and Electric has not agreed to this listing and in fact has challenged the request for Determination of Eligibility. This is also addressed in the attached letter from the National Register. The primary author of the nomination, Ms. lise Bryns has indicated she will continue her efforts to have the building found eligible for listing on the National Register and would welcome volunteer assistance to work with on this effort as it moves forward. The ATTACHMENT 1

7 CHC Agenda Report October 25, 2016 Page 2 of2 request for Determination of Eligibility is submitted through the State of California Historic Preservation Office and the effort to address the comments of the National Register will be coordinated through this office. FISCAL IMPACT: Not Applicable ENVIRONMENTAL IMPACT: The requested action is exempt from review under the California Environmental Quality Act (CEQA) because the request to receive and file an updated report with no formal action is not considered a project and therefore is not subject to CEQA review. PRIOR CITY COUNCIL REVIEW: On March 3, 2015, City Council approved to support a letter to the State of California's Offices of Historic Preservation nominating the San Diego Gas and Electric Company building to the National Register of Historic Places. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: None. NOTIFICATION: Ms. lise Byrnes Duane Cave, SDGE A TT ACHMENT(S): Attachment 1 -September 22, 2015 letter from United States Department of the Interior

8 United States Department of the Interior N AI'IONA L PARK SEJ.<.VrCE Hl49 C Street, N W. Washint;ton, DC The United States Department of the Interior National Park Service National Register of Historic Places Evaluation/Return Sheet Property Name: Reference Number: San Diego Gas and Electric San Juan Capistrano Substation Orange County, Reason for Return The request for Determination of Eligibility is being returned for substantive and technical revision. The submission claims significance under Criterion A in the area of engineering, and the boundary of the property consists ofthe footprint ofthe substation building (also referred to as the utility building and hereafter referred to as "the building"). The prope1ty owner, which objects to the nomination, petitioned for a substantive review ofthe nomination which resulted in an extension of the review period. The petitioner presented a number of documents to support its conclusion that the property is not eligible. It is our opinion that the building is eligible for inclusion in the National Register of Historic Places under Criterion A, but that the docmnentation submitted is inadequate to fully support this finding and fails to address significant questions brought up by the petitioner. It is apparent, as noted in the 2008 McKenna report, that the San Juan Capistrano substation likely meets the test of significance under Criterion A. The substation served as a vital and pioneering link between two power distribution systems, allowing for further growth of the overall system and thus spurring growth and development in the region. The building in question, while, as the petitioner points out repeatedly, is only a component of the substation, it is a significant and highly visual component. The location and design of this building, and of similar buildings in other power facilities of the era, is meant to present a face to the community. It is not simply a utilitarian structure meant simply to protect important components from the elements; the decision to utilize a restrained classical vocabulary was a conscious effort to "brand" the facility and present a ATTACHMENT 1

9 dignified and substantial air to what is ordinarily a rather mundane component of power infrastructure. Where the document falls short is in the analysis of integrity of the substation as a whole as it relates to the extant, nominated building. The petitioner rightly points out that a Hsubstation" is more than a building, that it includes many elements that work together to facilitate the flow of power. The nomination as presented gives short shrift to the discussion of what the key components are and of how such a facility works. By limiting the boundaries and description and, for the most part, the focus of the nomination to the footprint of the building, the nomination does not truly provide an analytical discussion of integrity. The substation may have had many of its components moved or demolished, but there are remnants evident on the ground that can help tell the story and illustrate the working ofthe facility. It might be best, if this property is resubmitted, to revisit the boundaries of the nominated property and to look at the entirety of the facility. The nomination does not adequately describe the role that equipment in the building played; this is important in helping to support the claim of significance. lt is clear that some of the equipment and activities of the substation were sensitive or fragile enough that the construction of a shelter for them was necessary. What were they? The petitioner's position that the document submitted was substantially revised between its presentation to the State Review Board and its submission to the Keeper is immaterial. The role of the State Review Board is advisory- to advise the State Historic Preservation Officer whether a property meets one of more of the National Register criteria for evajuation and to recommend whether or not it be nominated. The various reports presented by the petitioner bring up valid points concerning the evaluation of integrity of the property, in particular how the building works in conjunction with the entire substation property and how the loss of certain features of the substation affect the ability ofthe building to reflect the significant of the substation. In other points of integrity, the reports miss the mark. The analyses of integrity of setting, of design, of materials, and of association are all too narrowly read. The immediate setting of the facility- the building and accompanying structures (both extant and missing) is important; the change from an open agricultural land to residential land is much less so. The alteration of a door or window or two does not constitute a marked change in the integrity of the building; it still represents the functional intent ofthe designer. So, too, the loss of minor fixtures such as gutters and lights does not constitute a sever loss of integrity of materials. The nomination as presented, does, however, fail to fully account for the effects of the loss of exterior equipment and structure and how this affects the overall integrity of design, feeling, and association. The comparative analysis provided is a good start, especially in light ofthe contentious nature of the nomination, but the petitioner does bring up a valid point about the lack of comparable examples of substations (distributive, not generating) in the area. Limiting 2

10 the comparatives to listed or eligible properties limits the full range of truly comparable resources. This substation was the pioneer in expansion of power distribution in the area. But from reading the nomination, we have no idea what the geographic spread of these facilities was (especially in the historic period), or how many there are or what condition other might be in. Of course, the petitioner misses the mark in the narrow reading of comparables by discounting properties that aren't located in southern California. While nominated for its significance at the local level, the property is still an example of a type common to all developed areas of the state. To summarize, the substantive aspects of this nomination that need to be addressed are the boundaries, the evaluation of integrity of the building as it relates to the substation as a whole, and a better comparative analysis of similar and relatively contemporaneous facilities in the area. Technical issues Please check the appropriate box in Section 3; this is a request for determination of eligibility based on owner objection. Also, if submitting scans of correspondence, please respect the hierarchy of importance of such documents. The official notification of objection from the owner was buried 181 pages into a 400+ page pdf of correspondence. Such a significant part of a nomination package should be up front along with the letter of transmittal. We appreciate the opportunity to review this DOE and hope that you fmd these comments useful. Please feel free to contact me if you have any questions. I can be reached at (202) or at <Jamc Gabbert@nps.gov>. J 11 Gabbert, Historian a tiona! Register of Historic Places 9/22/2015 3

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