75B - PH - APPEAL 1584 EAST SANTA CLARA AVE

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Appeal No. 2012-01 (HRCA No. 2012-01/HRC No. 2012-01) May 7, 2012 Page 2 made their assessment based on a visual survey of the trees on the perimeter of the site. The supporting letter to the appeal application states that the City has inaccurately characterized the trees as "dead and dying" referencing the Cultural Resource Study prepared by Discovery Works. The Archaeological section of the Discovery Works study from the DEIR presented the findings of an on-site intensive survey stating "that many trees are in poor condition; a few trees, that appear to receive water from the neighboring properties, are producing oranges." However, the Historical Overview contained in the Discovery Works study includes a statement that refers to the trees as "dead and dying." The source of this statement was Phil Brigandi, who is a noted local historian and former Archivist for the County of Orange. He further noted that the trees, "may have suffered from the "Quick Decline" of the 1940s and 1950s, or simply have reached their productive lifespan, usually 30-50 years." This may refer to the current condition of the grove, which is no longer fully planted and has many missing trees. The historical analysis prepared by Sapphos Environmental in 1997, which is an exhibit in the DEIR, states that, "The trees of the grove, while fallow, appear alive and still produce oranges." There have been no specific biological assessments of the health of the trees. The City received a letter in opposition to the listing from Dwight and Lowell Schroeder, as well as testimony from them during the HRC public hearing. In their letter and comments at the public hearing they stated that they believed the condition of the grove to be of poor quality and, further, that the property lacked major features, such as a barn and irrigation system, that would have distinguished it as a good example of a small, family citrus farm. The Schroeders based their opinion on their family's experience of having actively cultivated small family orchards since the 1880's, as well as their own familiarity with the Sexlinger property through their long-time residency in the neighborhood and their relationship with Martha Sexlinger, the last occupant on the property. The HRC considered this testimony in their decision not to list the property. Contribution of Small, Family-based Citrus Operations - The appellants state that the City did not give adequate consideration to the role of the "small, family-based citrus grower" in the historical development of the citrus industry in its assessment of the historic significance of the property. This is important in assessing the property's eligibility for the California Register of Historical Resources (CRHR), which is also used as a CEQA threshold. Under Criteria 1 for CRHR eligibility, a property can be considered as a historic resource if it is found to be "associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage." Neither of the assessments contained in the Discovery Works study or subsequent revised Cultural Resources Analysis for the TAVA DEIR found the Sexlinger property to be eligible for the CRHR due to its small size and lack of connection to broader, statewide historical patterns. In contrast, the Sapphos Environmental study did state that the property appeared to be eligible for the CRHR under Criteria 1. 75B-2