April 27, 2020 FROM: MIKE SANCHEZ, AICP, MCRP Assistant Director Planning and Development Department BY: LAURA GROVES van ONNA Historic Preservation Specialist Planning and Development Department SUBJECT: ..Title CONSIDER AND MAKE FINDINGS ON APPLICATION P20-01215 TO CONSTRUCT A COVER FOR THE CALIFORNIA MERCI TRAIN BOXCAR (HR #025), A DESIGNATED HERITAGE PROPERTY, LOCATED AT 3509 N FIRST STREET PURSUANT TO FMC 12-1619. ..Body RECOMMENDATION Staff recommends that the Commission approve Application P20-01215 to construct a cover for the California Merci Train Boxcar (HR #025), a designated Heritage Property, located at 3509 N First Street pursuant to FMC 12-1619 with the following conditions: 1) Staff will be allowed to photograph before, during and upon completion of the project; and, 2) Any changes to the approved project will be submitted to the Historic Preservation Specialist prior to the commencement of any related work. EXECUTIVE SUMMARY The custodian of the California Merci Train Boxcar, the Grand Voiture du California (the Grand), has requested that Application P20-01215 to construct a cover be considered for Historic Review. Because this project proposal is a substantial alteration to a designated Heritage Property visible from the public right-of-way, it requires review by the Historic Preservation Commission. Primary concern for Staff is maintaining the historic character of this resource and its visibility from the public right-of-way. Pursuant to FMC 12-1619, Staff requests that the Commission consider and make findings on Application P20-01215. BACKGROUND The California Merci Train Boxcar (1885-1901) located within the southeast corner of the parcel at 3509 N First Street is a standard design constructed in the late 19th century by the French military. The period of significance for the property is 1949, the year each of the 48 states that existed at the time received a boxcar. The California Merci Train Boxcar was designated as a Heritage Property by the Historic Preservation Commission on January 25, 2016. The property is greater than 50 years of age and possesses integrity of location, design, materials, workmanship, feeling, and association (FMC 12-1607). The Boxcar appeared to be eligible for the Local Register of Historic Resources as well as the California Register of Historical Resources - and potentially as a California Landmark - at the time of its evaluation. It is significant under Criterion i/1 because it is associated with military history in Fresno and California and Criterion iii/3 because it is an excellent example of a French World War I Boxcar property type. Current Application The Grand, as custodian of the California Merci Train Boxcar (Boxcar), has requested that Application P20-01215 to construct a cover be considered for Historic Review. This request entails exterior alteration visible from the public right-of-way which could affect the significance of a historic resource. Because this project proposal is a substantial alteration to a designated Heritage Property, it requires review by the Historic Preservation Commission. The Commission considered and denied the Application by the custodian for relocation of the Boxcar on April 22, 2019. The Grand's premise for pursuing potential relocation sites for the Boxcar was the longstanding inability to provide appropriate shelter for it. As a result of contributions and fundraising efforts from the Grand and Heritage Fresno, contribution from City of Fresno Historic Preservation, and initial approval of a reimbursement grant by the City of Fresno through the Historic Preservation Mitigation Program, funding is in place to proceed with the proposed cover. The cover plans entail the construction of a wood-framed, low-gabled cover for the Boxcar that is rectangular in plan, measuring 15 feet by 26 feet. It is supported by six stucco-wrapped Hollow Structural Sections (HSS) steel columns, each measuring 12 feet 6 inches in height and secured with a concrete footing. The gables are also clad with stucco and topped by standing seam metal roofing, bringing the overall height of the cover to 15 feet 6 inches. The buffer between the Boxcar and the cover at any point would be at least 1 foot. These plans are being proposed by the applicant in order to protect the Boxcar from weather elements while maintaining its historic character and public display. The cover plans included within the Application Submittal are attached as Exhibit D. Standards The Boxcar was donated by the French Republic to California and has been located in Fresno since 1952, when it arrived from France by way of Long Beach, and was placed in Roeding Park. It remained in Roeding Park until 2004 when an Agreement was reached between the Grand and the City of Fresno to relocate the Boxcar to Fresno Federal Post 509 of the American Legion and to transfer custodianship of the Boxcar to the Grand in an effort to provide for appropriate public display (2004 Agreement). A letter from City of Fresno Mayor Gordon G. Dunn addressed to the Grand on May 12, 1952, declaring the City of Fresno's acceptance of the Boxcar at Roeding Park and mention of various preservation measures including the installation of a cover for it (Letter is attached as Exhibit C). However, the installation of a cover never occurred, and upon transfer of custodianship of the Boxcar in 2004, the City of Fresno was released from this obligation. The 2004 Agreement states the ongoing requirements for both parties; it is attached as Exhibit B. Paragraph 3 of the 2004 Agreement states that The Grand shall reasonably maintain the Boxcar, and Paragraph 4 permits the City to seek termination of the 2004 Agreement if there is an event of default: 3. Boxcar Restoration, Maintenance and Public Display. The Grand, at its sole cost, shall refurbish and restore the Boxcar and thereupon place the Boxcar on public display at Post 509 by not later than July 4, 2005, or such other time as the City's Chief Administrative Officer may in his/her sole discretion agree in writing. The Boxcar shall remain on public display at all times thereafter. The Grand, at its sole cost, shall at all times reasonably maintain the Boxcar. 4. Default, Termination, Recapture and Reversion. Any failure to perform by The Grand not cured following 30 days written notice thereof shall be an event of default. Upon a default by The Grand by The Grand, the City may at its option (i) terminate this Agreement with full reservation of rights and remedies available under law, contract and equity, and/or (ii) give written notice to The Grand of recapture/reversion of custodianship of the Boxcar, whereupon custodianship of the Boxcar shall immediately revert to and re-vest in the City with full rights to reenter and recapture in any manner allowed by law. The City has made efforts to work with the Grand in pursuit of an appropriate cover for the Boxcar since its relocation to the American Legion Post. The funding required to install an appropriate cover remained the issue, until recently. Upon initial review of Application P20-01215 for the proposed construction, Staff finds that the project, as proposed, appears to be in accordance with applicable standards 9 and 10 of the Secretary of the Interior's Standards for Rehabilitation: 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Therefore, Staff recommends approval with conditions based upon findings that the proposed rehabilitation meets standards 9 and 10 of the Secretary of the Interior's Standards for Rehabilitation. Staff finds that maintaining the historic character of this resource is the primary concern, as well as its visibility from the public right-of-way. This new construction is in proportion with the Boxcar, but it is also utilitarian in design and materials; therefore, it is differentiated from the historic fabric of the resource. The cover will also be detached from the Boxcar, with a buffer of at least one foot, and will therefore not destroy historic character and can be removed in future without damage to the property. The Boxcar will remain visible from the public right-of-way, only partially obscured by the columns supporting the cover. The proposed cover for the California Merci Train Boxcar will retain and protect the historic integrity of the property. Duties and Powers of the Commission: The City's Historic Preservation Ordinance is located at Chapter 12, Article 16 of the Fresno Municipal Code. Section 1606 outlines the duties and powers of the Commission. Section 1606(a)(2) specifically refers to the duties entailing review of alterations to historic resources: (a)(2) 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. Section 1619 outlines the Heritage Property Permit Review Process. Historic Review Application Submittal Check List The Submittal Check List for the Historic Review Application includes the following: * Current photographs o At least one overall view of the property o A detailed view of each historic feature that involves the proposed work * Construction Documents o An existing site plan (and a proposed site plan if different from existing), drawn to scale, which clearly indicates all structures located on the parcel; and, the parcel's North, South, East, and West property lines o Detailed drawings, visuals, and descriptions for the proposed work Attachments Exhibit A: State of California Survey Forms for the California Merci Train Boxcar 3509 N First Street Prepared January 14, 2016 by Karana Hattersley-Drayton for the City of Fresno. Exhibit B: Agreement between City of Fresno and the Grand du California of La Societe des 40 Hommes et 8 Chevaux (September 21, 2004). Exhibit C: Letter from City of Fresno Mayor Gordon G. Dunn to the Grand Voiture du California (May 12, 1952). Exhibit D: Historic Review Application Submittal from the applicant on behalf of the custodian for the California Merci Train Boxcar (HR #025) located at 3509 N First Street, March 2020.