REPORT TO THE HISTORIC PRESERVATION COMMISSION
December 27, 2021
FROM: MIKE SANCHEZ, Assistant Director
Planning and Development Department
BY: ALICIA GONZALES, Historic Preservation Specialist
Planning and Development Department
SUBJECT
Title
HEARING TO CONSIDER AND MAKE FINDINGS ON DEMOLITION PERMIT APPLICATION #B21-15650 for the Kutner Home (HP# 115) located at 1651 L Street (APN46614101), which has sustained substantial fire damage, pursuant to
1. ADOPT a finding that of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) guidelines.
2. APPROVE the demolition of HP #115 the Kutner Home located at 1651 L Street pursuant to FMC 12-1617(e) and 12-1616.
3. APPROVE the deletion of HP #115 the Kutner Home located at 1651 L Street off the local register pursuant to FMC 12-1616.
Body
RECOMMENDATION
Staff recommends that the Commission take the following actions:
1. ADOPT a finding of Statutory Exemption pursuant to Section 15269(c) (Emergency Projects) of the California Environmental Quality Act (CEQA) guidelines.
2. APPROVE a partial demolition of the second floor of HP #115 the Kutner Home located at 1651 L Street pursuant to FMC 12-1617(e) and 12-1616.
3. APPROVE the deletion of HP #115 the Kutner Home located at 1651 L Street off the local register pursuant to FMC 12-1616
EXECUTIVE SUMMARY
On October 17, 2021, a fire was reported that substantially damaged the Kutner Home (HP #115). Code Enforcement and the Fire Department responded immediately for review (Attachment). Code Enforcement, the Fire Department and the City Attorney’s Office were in consensus that the building meets the definition of a public nuisance and a threat to public safety and should be demolished. The owner has requested this action as well. Historic Preservation staff conducted a site visit, completed an emergency condition assessment, documented photos, and submitted a memo with recommendations at the request of the Planning Director.
As a matter of housekeeping and pursuant to FMC 121616 the demolition of the Kutner Home should also conclude with the removal of the property from the Local Historic Registry.
BACKGROUND
The Kutner Home
The Kutner Home was built in 1901 for Alfred Kutner. The Kutner Home occupies an 8,250 square foot parcel and is two story Dutch Colonial revival home. The buildings character-defining features were wood shingles, gambrel type roof with dormers, square and circular bay windows, and a wood shingled roof. It incorporated revival and shingle style and was a unique building.
Alfred Kutner owned Kutner, Goldstein & Co., a hardware store and later was the vice president and mangers of Farmers National Bank. In 1904 J. Dickey an early Fresno Pioneer purchased the home. Form 1914-1920 the home was owned by J.C. Forkner. In 1933 it was remodeled by Dr. and Mrs. F. MacCracken for use as a home and medical offices. Its most recent owners purchased the property March 23, 2018 and it was known as The Light-House Recovery Program, where it functioned as Drug and Alcohol Treatment center. The Kutner Home was added to the Local Register of Historic Resources with Resolution No. 80-136 (Attached).
Demolition & Deletion
The Kutner Home (HP #115) sustained substantial damage in a fire which was reported on October 17, 2021. Code Enforcement and the Fire Department responded immediately for review; attached are documents provided by both departments. Code Enforcement, the Fire Department, and the City Attorney’s Office are in consensus that the building meets the definition of a public nuisance and a threat to public safety and should be demolished immediately. The owners have requested this action.
Regarding this proposed action Historic Preservation staff has been in cross-departmental discussion with Jennifer Clark Director of Development, Mike Sanchez Assistant Director, Douglas Sloan City Attorney, Erica M. Camarena Chief Assistant City Attorney, Christina Roberson, Assistant City Attorney, Charles Clark Building Services Manager and Juan Reynaga Supervising Plans Examiner.
Code Enforcement conducted site visits on October 29, 2021, and the Fire Department cleared the scene on October 18,2021. Historic Preservation staff conducted a site visit on October 25, 2021 and December 8, 2021, see attached documents for photos and assessments which found that the fires extended rapidly throughout the structure due to its construction type and overran the attic space, the entire second story at the north-west side of the property was cantilevering out beyond the first floor, the property appears to have been entered within the temporary fence boundary, there appears to be some structural instability on the second floor. Historic Preservation staff found that all the windows and doors have been boarded closed with plywood. The wrought iron fence which lines the property remains in place and undamaged, the front facade (facing L street) on the first floor maintained much of the exterior features including the shingled siding, columns of the porch on the southwestern corner and the bay window on the southern wall remains intact. The porch entrance on the northern façade (San Joaquin Street) remains intact with its (2) decorative posts with square cornices and decorative trim and small eave. The entirety of the second floor has been burned away and has collapsed the southeastern corner of the building (first and second floor). Although a chain-link fence has been erected, some portions of the fence have been left opened and there are clear signs of trespassing, debris, and garbage waste throughout the front property and in the road. Code enforcement has documented points of entry where the plywood has been forced opened by trespassers on the north side and in the basement.
The exterior of the northeast front façade (facing L street) of the Kutner Home appears to retain much of the architectural characteristics on the first floor which may be salvageable. Additional evaluation of the interior with assistance from structural engineers of the northeastern portion of the first floor
(facing L street) is needed to assess the potential for reuse of these components and the ability to integrate them into reconstruction efforts. The application proposes a complete demolition of the property, however without information about the interior structural damage, Historic Preservation staff does not recommend this. However, Historic Preservation staff does recognize that the loss of the second floor and few signs of trespassing do pose an immediate threat and recommends a partial demolition of the second floor only, with the condition that the interior structure be analyzed for stability and possibilities of reuse and repurposing surviving features.
As a matter of housekeeping and pursuant to FMC 121616 the demolition of the Kutner Home should also conclude with the removal of the property from the Local Historic Registry
Authority, Duties and Powers
The City of Fresno’s General Plan which was adopted in 2014 states in HCR-2g:
Demolition Review. Review all demolition permits to determine if the resource scheduled for demolition is potentially eligible for listing on the Local Register of Historic Resources. Consistent with the Historic Preservation Ordinance, refer potentially eligible resources to the Historic Preservation Commission and as appropriate to the City council.
FMC Section 10-605 (a) which details a Public Nuisance provides:
Rubbish or junk, including but not limited to refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires, and piles of earth.
FMC Section 10-608 outlines the Notice and Order.
FMC Section 10-608 (a)
Issuance: Whenever the Director has inspected or caused to be inspected any property and has found and determined that conditions constituting a public nuisance exists thereon, the Director may serve a notice and order…
FMC Section 10-609 (a) provides:
Whenever the Director determines that a public nuisance is imminently dangerous to life, health, safety, or adjacent property such that it requires immediate correction or elimination, the Director may remove or otherwise abate the public nuisance without prior notice to the responsible person. The Director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the nuisance, including but not limited to
FMC Section 12-1606(a) (2) which details the Duties and Powers of the Commission provides that:
The regulation of exterior alterations visible from a public right-of-way including demolition, relocation and new construction, and interior alterations which would affect the significance of Historic Resources or Historic Districts.
FMC Section 12-1616 provides that:
When a designated Historic Resource has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this article, the Secretary, upon notice thereof, shall cause such resource to be deleted from the Local Register of Historic Resources and from the Historic Property Data File for Fresno County maintained by the State Office of Historic Preservation. The Secretary shall also cause a Rescission of Designation to be recorded with the County Recorder. Upon such deletions and such rescission, the provisions of this article shall not be deemed to encumber or otherwise restrict the use of such property.
FMC Section 12-1617 outlines the Historic Permit Review Process.
FMC Section 12-1617 (c) provides that:
Any application or proposal which proposes the substantial alteration of an Historic Resource shall also be referred to the Director of the Development Department for environmental review. No hearing shall be held by the Commission for applications or proposals to demolish, grade, remove or substantially alter the Historic Resource until such application or proposal has undergone environmental review in accordance with the California Environmental Quality Act.
FMC Section 12-1617 (g) provides that:
After consideration of the final environmental document, all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.
FMC Section 12-1617 (h) provides that:
No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:
(1) The proposed work is found to be consistent with the purposes of this article and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Historic Resource; or
(2) The action proposed is necessary to correct an unsafe or dangerous condition on the property; or
(3) Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the applicant, the Commission must find facts and circumstances, not the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable economic beneficial use of the property or derive a reasonable economic return from the property in its current form; or
(4) The site is required for a public use which will directly benefit the public health, safety and welfare and will be of more benefit that the Historic Resource.
(5) For applications for relocation of an Historic Resource, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the Resource and that the relocation is part of a definitive series of actions which will assure the preservation of the Resource.
In addition, in November 2002 the Planning and Development Department adopted a policy which required that all demolition permits be reviewed for “historic significance.”
In accordance with FMC 12-1616(h)(2), the proposed demolition is necessary to correct an unsafe or dangerous condition on the property. The fires extended rapidly throughout the structure due to its construction type and overran the attic space, the entire second story at the north-west side of the property was cantilevering out beyond the first floor and the property appears to have been entered within the temporary fence boundary.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment for this project and, in accordance with the requirements of the CEQA Guidelines, has determined it is consistent with a Statutory Exemption for Emergency Projects, Section 15269(c). Demolition of the structure is necessary to prevent an emergency by correcting the current unsafe condition of the property which is a threat to health and safety.
CONCLUSIONS
Staff recommends that the Commission take action and APPROVE partial demolition of the second floor of HP#115 the Kutner Home located at 1651 L Street, Fresno, CA 93701 (APN 46614101) and its immediate removal from the Local Historic Register.
Attachments:
Attachment A: Historic Resource Inventory [1978]
Attachment B: Resolution 80-136 [1980]
Attachment C: Site Map
Attachment D: Demo Package
Attachment E: Light House Application
Attachment F: Code Enforcement Report Case ST Case # E21-1187 [11.29.2021]
Attachment G: Fresno Fire Department Incident Report
Attachment H: Historic Preservation Condition Assessment [10.25.2021]
Attachment I: Condition Assessment Photos [10.25 & 12.08.2021]