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Appeal No. 2012-01 <br />(HRCA No. 2012-01/HRC No. 2012-01) <br />June 4, 2012 <br />Page 4 <br />owners, Lutheran High School of Orange County and Concordia University, stated that the historic <br />designation could reduce the potential value of the land and make the proposed project <br />economically infeasible, which would constitute an economic impact to them. The appellants state <br />that the potential for economic impacts to the property owner "should be irrelevant to the process." <br />While the potential for economic impacts are not listed as a criterion for consideration in the City's <br />historic designation standards, the potential for such impact to the property owner cannot be <br />dismissed. The property currently has a General Plan land use designation and zoning that are <br />consistent with the proposed single-family residential project proposed for the site. The property <br />owner has asserted its right to use the property in a way that complies with City requirements and <br />presents an economically viable return on its asset. This was a concern for the HRC and was one <br />factor in their decision. <br />RECOMMENDATION <br />Since the City began listing properties on the SARHP there have been seven cases where the HRC <br />denied the listing based on the property owner's opposition. There were two additional cases in <br />which the properties were listed by the HRC against the property owner's wishes that were then <br />appealed to the City Council and subsequently not listed. SAMC Section 30-8 (g) states that "The <br />Council may, after public hearing, affirm, reverse, change, or modify the original [HRC] decision and <br />may make any additional determination it shall consider appropriate within the limitations imposed <br />by this chapter [30]." Based on the deliberation and action taken by the HRC to decline to list the <br />property, staff recommends that the City Council affirm the action of the HRC and deny the appeal. <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />J M. Tre ino <br />Executive Director <br />Planning & Building Agency <br />HS:rb <br />hs\Historic Info\040512HRC\hrca.hrcl2-01.Appeal.060412.cc <br />Exhibit: A. Historic Resources Commission Staff Report <br />B. Appeal Application <br />C. Dwight & Lowell Schroeder Letter <br />D. Letters of Opposition <br />E. Resolution <br />75A-4