HomeMy WebLinkAbout2017-03-23 Historic Resources Board Summary Minutes
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Call to Order/Roll Call
Present: Chair Martin Bernstein; Board Member Wimmer, Beth Bunnenberg, Brandon Corey, Roger
Kohler, Michael Makinen
Absent: Vice Chair Bower
Chair Bernstein: Welcome everybody to the march 23rd, 2017, meeting of the Historic Resources Board.
Will staff please call roll?
Oral Communications
Chair Bernstein: Next on our agenda is oral communications. Members of the public may speak to us on
any agenda item, not on the agenda. I have one card from David Carnahan. Welcome.
Mr. David Carnahan, City’s Clerk’s Office: Good morning Chair Bernstein and Board Members. I’m David
Carnahan from the City’s Clerk’s Office and I’m here to talk to you about Board and Commission
recruitment. The City is currently looking for applicants for the Human Relations Commission, the Library
Advisory Commission, the Public Art Commission and the Utilities Advisory Commission. Applications are
due on April 4th at 4:30 PM. The reason I am here to speak with you is to encourage each of you to reach
out to at least two members of the public for one of these Boards and to encourage them to apply. You
have much deeper roots in the Community and know a lot more folks and are able to help guide them
towards these opportunities. Again, we’re looking to fill or application for 2 terms on the Human Relations
Commission, 3 on the Library Advisory Commission, 4 on the Public Arts Commission and 2 on the
Utilities Advisory Commission. Applications are the City’s website, CityofPaloAlto.org/Clerk and I’ll give
you each a flyer to take home as a reminder that you are going to reach out to some community
members to apply. Thank you.
Chair Bernstein: Board Member Kohler has a question.
Board Member Kohler: Yeah, do they make as much money as we do?
Mr. Carnahan: They are all paid 6 times what you make.
Board Member Kohler: Oh, ok.
Agenda Changes, Additions and Deletions
Chair Bernstein: Thanks. Next on our agenda is ‘Agenda changes, additions, and deletions.’ Are there
any?
Ms. Amy French, Chief Planning Official: None.
HISTORIC RESOURCES BOARD MEETING
MINUTES: March 23, 2017
City Hall/City Council Chambers
250 Hamilton Avenue
8:30 A.M.
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Chair Bernstein: Seeing none.
City Official Reports
1. City Official Reports
Chair Bernstein: City official reports.
Ms. French: Yes, just to note that you have a list of the meeting dates in your packet. One of those is not
going to take place; instead of the April 13th meeting listed here, it’s going to be April 6th. It’s a joint
meeting with the Architectural Review Board. I have to report that unfortunately – I did send an email
about this – those items will not be preceded by a joint discussion about the common areas of interest, in
a general way. We are going to look for a retreat date in the future so that we can meet with the ARB
and have a robust discussion. Thank you.
Chair Bernstein: Can you repeat which meeting is canceled, did you say?
Ms. French: April 13th, the first one after today’s date; and we will be meeting on April 27th then.
Chair Bernstein: Right, ok, got it. Then the April 6th, that’s 8:30 AM in this room?
Ms. French: Correct, in this room.
Chair Bernstein: Great, thank you.
Study Session
2. Study Session: Presentation and Discussion Regarding Moving of Historic
Resources.
Chair Bernstein: Next is a study session and the first study session is presentation and discussion
regarding moving of historic structures. Will staff have a report for us or are we starting with that item
right away?
Ms. French: Yes, we’ll start the item right away. I wanted to introduce, though he needs no introduction
because he’s been here before you before, Jonathan Rusch with Page and Turnbull. Per your request for
such training, we’ve retained him to give us an enlightening training, with some case studies that we are
all familiar with to help in the discussion. Thanks, and Jonathan?
Chair Bernstein: Welcome Jonathan.
Mr. Jonathan Rusch, Page and Turnbull: Thank you. Thank you for giving me the opportunity to come
this morning and discuss this topic. It’s very interesting, I think that amongst many preservation
professionals its sights a certain reaction to the notion of moving historic resources and I think that in
most – in a lot of cases for good reason but going through the guidance that exist, there’s not a single
viewpoint on this topic so it’s kind of interesting to go through and really pick out the nuances of the
issues that come into play when moving historic resources is proposed. The plan is to – I’m going to
provide some background information, go through the guidance that exists from the National Register of
Historic Places and the California Register of Historical Resources. I will go through three examples just
briefly of case studies in Palo Alto. I imagine that they are – at least two them will be ones that many of
you are familiar with and may want to discuss more in depth. After my presentation, I’ll open up the floor
for conversation and I’m happy to contribute to that as well -- potentially about those case studies that I
just mentioned briefly. I’m going to (inaudible) my notes just so that I don’t miss any important
information that I intend to share.
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Chair Bernstein: We’ll be looking at our screens so we are not ignoring – looking at you as you speak.
Mr. Rusch: I want to start by mentioned that for much of the early historic preservation movement, up
until the 1960’s and 70’s, moving valued historic buildings was no necessarily greeted with disapproval at
all. In fact, it was relatively common preservation “strategies”. In some cases, buildings might be moved
great distances from where they were originally constructed with the intention of placing them a long
side other moved structures. Open air museums provided the opportunity to create clusters of buildings
that originally had no historical relationship to one another. They were taken out of their original contexts
and arranged together within a new context so that their histories might be interrupted better or so it
was thought. This tradition brought about famous examples like Greenfield Village at the Henry Ford
Museum outside of Detroit, where scores of buildings where brought together to form a living history
museum taking the form of an imaginary village. The Cloisters in New York, a widely regarded cultural
site, now run by the Metropolitan Museum of Art is formed by components of numerous monasteries and
chapels that where shipped from Europe in the 1930’s. The last example here is local, the Preservation
Park in Oakland near downtown. Here over 10 historic homes where brought together onto a single City
block, when those houses where slated for demolition elsewhere. That took place in the 1970’s so it’s
relatively recent. Preservation Park now offers a very pleasant pedestrian experience but does not
represent a neighborhood that ever truly existed so because I am a historian, I wanted to mention all of
that. Now, after the modern historic preservation movement has really gained steam, much more
attention has been given to developing a solid framework that would allow us to determine why
properties might be considered historic and significant. Over the course of a couple decades, preservation
guild lines have evolved considerably. The concept of integrity with which you are all surely familiar,
came to be associated with the seven aspects shown on the screen here. Integrity is defined as a
property that has the ability to convey the reason for which it has been found to be significant. The seven
aspects of integrity include two that are most closely connected to the topic that we were discussing
today. First of all, location of course and the second is setting. Advance location is the physical sight
where the property was constructed or where a significant historic event took place. For most buildings,
integrity of location is retained if it remains in the place where it was first built. Location is considered
important because it conveys information on the development of a property. It’s hard to imagine any
building or landscape that was introduced without a thought about where the most appropriate place for
it would be. A properties original location helps us to think about the question of all places, why here? It’s
also important to mention that because location is one of the aspects of integrity, any project that
involves moving a historic property would have the effect of diminishing it’s over all integrity. Perhaps not
the point of illuminating its integrity all together, depending on other circumstances but integrity will
always be effected. Setting is the physical environment of a historic property. It’s made up of the
features and qualities that immediately surround the resource. An intact setting would allow a property to
express its historic significances through its contextual relationships with its surroundings. For a
residential property, the setting could include yards, gardens, and a surrounding streetscape of other
similar homes. For a far different type of property like a historic airplane hangar, the setting may be
comprised of a network of runways, taxi ways, parking aprons, and other features that directly supported
its historic aviation related use. It is very possible for a property to retain its original location but to have
lost its integrity of setting. It is also possible, although far less common, for a property to retain its
integrity setting even if it has been moved from its historic location. We can talk about that possibility
later. With those in mind, I just want to explain these two aspects of integrity as related to two different
examples in Palo Alto. The first of the these is the Palo Alto Station. It’s located near downtown Palo Alto
beside the rail road tracks is a crucial part of its past and is directly related to its functional roll within the
development of the City. The tracks are also important components of the building’s setting and they
assist the building in conveying its original and continued use. The location of the Hewlett Packard garage
at 3367 Addison Avenue, also tells us a great deal about the story of this small building. It’s placement at
the rear of the lot is typically of garages in its neighborhood and fits the overall development pattern
there but it also emphasizes the unlikely innovation that sprang from this modest and relatively everyday
building situated in an easily overlooked location. The setting of the building is it’s surround driveway
yard and main residence, which all help to tell the story of this building. If the building where moved
even within its own lot, it’s connection to its past significant would surely be diminished. Now we can
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take a look at how existing guidance considers the relocation of historic properties. The National Register
of Historic Places is fairly unambiguous when it comes to this topic. If I were to go out and document a
property and evaluate it for historic significances, in most cases it would no longer be eligible for listing if
it had been moved following its period of significant. It can be argued then, that if a property is already
listed on the National Register of Historic Places is relocated, then the relocate can potentially be grounds
for delisting the property. In some instances, however, a property may meet Criteria and Consideration B.
Criteria and Consideration B states that a moved property that’s primarily significant for its architecture or
is the last remaining property that is closely associated with a significant person or event, would still be
eligible for listing. There are several caveats to this. The one that I want to call out here is the one that’s
underlined. There are – this is a list of situations where Criteria and Consideration B does not need to be
met for a property that has been moved. The most relevant I think for Palo Alto is the bullet point that
states that a district in which only a small percentage of typical buildings in a district are moved. That
implies that there might be some flexibility with in a district for having buildings – contributing buildings
be relocated without effecting the overall integrity or without compromising the overall integrity of the
district. The California Register on the other hand is somewhat more permissive when it comes to
relocated buildings. The current guidelines provided by the Office of Historic Preservation specifies that
certain conditions that would allow a determination of eligibility to the California Register if a resource
has been moved. I’m just going to read this language because I think it’s very important. Therefore, a
moved building, structure, or object that is otherwise eligible may be listed in the California Register if it
was moved to prevent its demolition at its former location and if the new locations is compatible with the
original character and use of the historic resident – I’m sorry, historic resource. A historical resource
should retain its historical features and compatibility in orientation, setting and general environment.
Please also note that the OHP is currently revising its guidance on its historic – the California Register so
that it’s possible that this exact language will change in the coming months even but we don’t know
exactly how they are planning to change it so we will keep you posted. Moving historic residences was a
topic that arose during the development of the Professorville Historic District Design Guild lines last year.
The guideline that addressed this topic 4.4.2, conveys some of the same information as is in the National
Register and California Register. If practical hardship exists as stated here, it may be possible to relocate
a residence so long as the project does not alter the buildings orientation in general setting and avoids
affecting important landscape features so that’s a topic we can discuss in greater detail later if you like.
With all this in mind, chances are good that the HRB will review proposals to move buildings that have
been previously identified as historic resources. A plan to move a building may not automatically mean
that it is not an acceptable project from a preservation perspective however, each of these projects
should be reviewed carefully for conformance to the Secretary of Interior Standards for rehabilitation.
The standards do not specifically discuss relocating historic property however, some of the standards may
still apply to other issues that are brought about during relocation. Standard 1 relates to the use of a
building. If a historic resource would be moved to serve a new use, it may not meet Standard 1 if the
relocation is found to change more than a minimum – is found to cause more than a minimal change in
the defining characteristics of its site and environment. Likewise, Standard 2 would come into play if
relocating a resource involves the alterations of an important materials or features particularly within its
existing setting. The overall question there is, would relocation preserve the resources overall historic
character? Standard 3 may apply if relocation is found to convey a false sense of historical development.
One such situation is if a property is rotated on its lot, which clearly obscures its original orientation and
expresses a development pattern that did not actually take place. Standard 5 applies when historic
materials or evidence of construction techniques may be effected. This standard is related to Standard 2
but this particular standard places greater emphasis on the physical fabric of the resource its self. A
project may not be in compliance with Standard 5 if the relocation itself would have a substantial or
irreversible impact on the character defining materials such as a porch or entry feature, that could be
removed. Depending on the resource, relocation may also require disassembly to comply with Standard 5
and an applicant should present evidence that the resource can be reassembled while retaining
significant materials and finishes. At this point, I am going to propose a few different questions –
important considerations that should be in mind when reviewing proposals to relocate a historic resource.
The first is —oh, that didn’t show up exactly as I’d planned. What is – the question is, what is the reason
for the resource’s significance? As I mentioned before, a resource that is significant primarily for its
architectural style or value may – there may be an ability to move that – well, I should rephrase. It may
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have less of an impact on the integrity of the building than a resource that is eligible for being significant
for associations with people or events. That’s because a high style house for instance or a building that
has been found eligible for its architecture, would still convey most of those same characteristics of its
physical fabric on the exterior if it’s in a new location. However, of course, they – a State residence would
still have landscape features that surround it that contextualize its historic significant and those should
also be taken into consideration. Is the resource significant individually or it a contributory to a historic
district? Again, a building that is individually significant may be more effected by relocation than a district
contributor, considering the size of the district. Potentially, if it’s a very small district, even one more
relocated building may still have considerable effect on the integrity of the district. Then, a related point
actually, have – oh, I’m sorry. Have past changes occurred or are additional changes proposed that have
affected or will affect other character defining elements of the property or district? Is a cumulative effect
possible? I think this is a really important thing to keep in mind that if there had been other substantial
changes to the property in the past and the applicant is proposing to move it, that would – that’s an
additional retraction from its integrity. Thinking about the overall accumulative effect of changes that are
– that have already happened and are proposed as part of the current project, it should be thought of
holistically as leading to an ultimate impact on the integrity of the resource. A couple of question here,
will relocation require a building to be disassembled? Involve the removal of character-defining features
such as porches or have an impact on important landscape features? I think that I brought these all up
earlier but the actual process of relocating a building can be very, very complicated depending on how far
it’s going to move, what the path would be, how large the resource is – the building is? It can require a
lot of – it’s kind of an individual case what it will really require to accomplish the project. Looking at the
individual project, just relocation itself is – I think that the details of a project need to be flushed out so
much that HRB can determine what is the real effect on the actual material fabric of this building. Large
resources – large buildings might have to be taken apart, which historic house movers are used to doing
and if that’s required, that does cause some concern and the question then arises, can it be put together
again adequately so that it really doesn’t have a long-term effect on its integrity? My few Palo Alto
examples, the first of these it the Hostess House, which I want to bring up as being an example in Palo
Alto that was relocated prior to it being designated to being a historic or being listed on the National
Register of Historic Places. It was designed by Julia Morgan and was originally built as part of Camp
Fremont in Menlo Park. Immediately after World War I ended, the building was relocated to its current
location and used as a municipal community center, which actually, directly ties into its identified historic
significant. The building of course did not undergo historic review at that time but it’s applicable in this
discussion because in the 1970’s it was listed on the National Register in spite of its earlier relocation.
The reasons for this is that the building is architecturally significant and therefore, still conveys its
significant character in its current location and it also gains significant following its move. The fact that it
was in one location and did have some important associations but then was relocated and had additional
historical associations means that the move was kind of a moot point when it was actually being
evaluated in the 1970’s but it the Hostess House would be proposed to be relocated in the future, while
unlikely, the fact that it was moved in the past would not automatically mean that it could be moved in
the future without an effect on its integrity. 221 Kingsley, I think is an example that most of you are
familiar with. In the last few years, the proposal came to rotate this residence on its lot in the
Professorville neighborhood. It was originally facing Kingsley and now it faces Romona Street and I don’t
know all the details of the administrative history of this project but I do understand that some of the
discussion was that if rotated 90 degrees on its corner lot, it was felt that – by some it was felt that on –
while facing Romona Street it would somehow improve the development pattern of the neighborhood or
it would fit into or join the streetscape on Romona Street better than it currently or that it previously did
facing Kingsley. A few points about this is that the change in orientation did bring it into – conform it to
the setbacks that are Romona Street but in terms of the actual development pattern of the
neighborhood, I think it’s important that this building – in its earlier location facing Kingsley, it kind of
conveyed that Professorville developed in a – I don’t want to say hap-hazard but it had different types of
– different waves of development with large properties – large lots with grander estates and then smaller
properties that are built in between then. Originally this home did convey that development pattern and
having it be relocated on its lot, rotated 90 degrees, had the effect of – in my opinion, adding some
conjecture to the development pattern of the neighborhood or not being completely accurate about the
history of the property. That’s one item – that’s one issue to think about. The surrounding landscape was
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also altered, I think considerable because this was relocated in just the axis of the size of the house. It
had to take up a lot more space facing along the Romona Street axis. Also, the removal of materials is
obviously an issue and I don’t know how exactly this projects was proposed but the relocation of the
building has involved quite a – it’s led to a lot of materials being taken off and they will be – understand
– brought back in some form. I think there where a lot of issues with this project to think about. Then
433 Melville is another example of residential property in Professorville where it was in the somewhat
similar case, it was moved forward on its lot, it wasn’t rotated. Thinking about the California Register
Guidance, it retains its original orientation towards the street, which I think is very important here. The
landscape features probably less effected although, there was an approached drive in front of this house
originally that no longer exists. That’s another thing to consider that this again, was a house in this
neighborhood that was – didn’t really – was an outlier in a certain respect that it was on a larger lot but
the fact that it was on a larger lot was part of the historic development of the neighborhood. The idea of
trying to improve the streetscape from moving it up – the word improve is fairly loaded so it’s still was an
effect on the integrity of the property and the district but may have been more successful than the
previous example. Those are the – that’s my short presentation and I’m happy to discuss any of these
topics further or answer any questions so I’d like to open it up to Board Members.
Chair Bernstein: Board Member Bunnenberg, you had a reaction regarding the Hostess House. You had a
reaction to the Hostess House when Jonathan was mentioning it.
Board Member Bunnenberg: Actually, I had a reaction to all of them but you – I’m not sure that you
know or I think you did mention that there was a much more recent proposal wanting to put very large
buildings on the side of the Hostess House and move it somewhere, maybe the golf course, maybe the
ballpark. I was appalled by those suggestions so I think that sometimes there are things that look like oh,
this might be a wonderful thing for the City and historic preservation can get really left behind in the
process. Then the other one – the last one that you showed was a sample of one that we did ask about
what technique are you using to move this house? Their description was that they were going to take it
in sections and then put it back together but the thing that happens was, when you went by the job site,
you couldn’t see those sections so we asked, where are they? Oh, they are back by those blue tarps and
it turned out that the only thing that they had saved was the upper section of the building and everything
else was basically new construction. I thought that was a real travesty.
Chair Bernstein: Board Member Wimmer.
Board Member Wimmer: Are there any examples where moving a historic structure actually improves the
conditions or do we always see the relocation as a deterrent to the historic site?
Mr. Rusch: That’s an excellent question. I’m familiar with one example in San Francisco there we have
been working with – working on where it is seen – on the balance, I’m not sure it’s seen as acceptable or
not but one element of it is that it’s a historic residence in (inaudible) repair building in the southeastern
part of the City. It was originally built directly on the shore of the Bay and then in the 60’s, there was a
huge campaign of land filling that was right next to it. This building that had a really kind of unusual and
interesting connection to the Bay was separated by maybe 1,000-feet from the Bay by this new land
form, that directly affects its integrity of the setting. Now, there is a development proposal for that site
and the sponsors are proposing to move that building, keeping its same orientation towards the Bay and
moving it actually to the new shoreline that is 1,000-feet out. Even though relocation is not, maybe from
a preservation perspective, not the first choice. I think in this case, it was seen as more acceptable – well
first of all because in the location – if they were to keep it there or it just didn’t – it would be very difficult
to keep it in its current location and meet the project goal of this large development. I think that
effectively; the development couldn’t happen if that building stayed there so I think that they -- the
sponsors argue that it – the building would be demolished otherwise so that’s one thing. In its new
location, it effectively – even though it is not in its original location, it does restore to some extend its
original setting of location – of – sorry, of setting and its relationship with the Bay and having a direct
physical relationship with the Bay. That is something that we have brought up in our arguments. The
other thing is that the setting will be affected by vast new construction on the other side of it that didn’t
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exist historically. Kind of on the balance of looking at this historic setting, there are good things and bad
things. That’s – I think that’s the one example that I’m most familiar with but I think it’s a really good
question that there might be some instances where if the current historic setting has or the current
setting had eroded so much from its historic setting, maybe – possibly it can be a benefit of the project if
it moves it to a place where its historic setting is somehow improved or restored. That wouldn’t, in my
mind, grant an automatic pass per say.
Chair Bernstein: We also voted to approve moving of the Sea Scouts Building because of the tied, it was
destroying the property and if we didn’t move it to a new location, then it would have been destroyed by
water.
Mr. Rusch: Yeah, that’s a very good consideration, especially I think, given current situations that might
be more and more the case.
Chair Bernstein: A few months ago, several of our Board members, we attended the training at
Preservation Park in Oakland and that’s on your presentation today. My feeling about the – speaking
about feelings regarding the integrity - it felt like a museum of old houses. It didn’t feel like a historic
district or a historic neighborhood. My analogy is, I see all the musical instruments but where’s the
music? That was my sense of – that’s a good example of well, here are all these nice little relics but it felt
like a museum of pieces, not a historic district.
Mr. Rusch: You sometimes hear ‘architectural petting zoo’, referring to these types of places and I think
that they definitely serve their purpose in a certain ideology at a time for what made sense for preserving
buildings. I think that the guidance has evolved so much since then that it’s hard to look at that as an
(inaudible) that should be copied, for sure.
Chair Bernstein: Board Member Kohler.
Board Member Kohler: I was just going to say that I think the – one reason it is that way is that probably
the landscaping of those homes and had a – I think set up a little differently than they would have been
originally. I think that contributes to that, however, being able to see a group of homes like that, I
thought was pretty neat. I took a lot of photos because it really is history right there. Not exactly the –
I’m just – I would rather see them like this than see them gone. I pretty good about the way that worked
out.
Chair Bernstein: Board Member Makinen.
Board Member Makinen: Yes, one example that comes to my mind is Williamsburg. That appears to be an
example where they did not alter the locations of a lot of the properties unless I am wrong about that but
they tried to maintain the setting as it originally existed. I think that’s a good example of working in the
right direction and taking into consideration the setting aspect.
Chair Bernstein: Board Member Corey.
Board Member Corey: I had a question, earlier you had talked about when a property has a significance
because of a person or event associated with it. I think you had mentioned that if it was the last property
associated with that people or event, can you clarify that?
Mr. Rusch: Sure. I think the idea is that something like the – I don’t know if the HP garage is a great
example because it’s the only one that ever has existed but let’s say – I know an example of projects that
have been related to Japanese Internment Camps from the second World War; where many of those
buildings were moved off of the original location of the camp after the war and sold off to farmers and
other people who just wanted to have a spare storage building. These former barracks essentially, where
moved and used for different purposes on –agricultural purposes in Colorado. The idea – I mean, this
was numerous buildings but I had a friend who worked on a project to locate where these buildings had
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wounded up after the war essentially. This is 70-years later and I think the idea was that even though –
she found that most of these buildings because they were really just built as temporary structures, where
demolishes so there are only – there were very, very few of these buildings left dating to this original
Internment Camp. Even though they might have been moved hundreds of miles, if there are just a few of
them left, the idea would be that they would still potentially be eligible for the National Register just
because they are extremely rare examples of this building type that has a very direct relationship,
although not in the same location anymore, as this very significant site. I think that’s one example that
comes to mind quickly if that makes sense.
Chair Bernstein: I… (Crosstalk)
Board Member Kohler: (Inaudible)
Chair Bernstein: … oh yes, go ahead Board Member Kohler.
Board Member Kohler: I had a little bit experience with this. There’s the – years ago, we remodeled or
added onto the oldest home in Atherton. The way that worked was we – since it was a large property,
the contractors – we picked up the building and the house and moved it away. Then built a new
basement and everything and then brought the house back and it went right back where it was before.
There were some additions in the back which were probably – if you were an expert, you would know
that they were an addition but if you were an average person, it would look like part of the old home. I
know that’s not supposable a good thing but this was for a private family and they didn’t want it to look
distinctive. I think those where relative with new windows and in the front part had the old windows.
Then there’s Monica [Rema’s] house down the street here. We added a basement under that. There are
two other homes in Barron Park or I mean Professorville where we added – it can be done and it’s
without – unless you’re an expert when they’ve added basements and things like that, you would
probably not even know that they were added. I don’t know if that’s good or not.
Mr. Rusch: Those locations or those examples are both where they were brought back to their original
location and placed in pretty much the same exact site. I don’t see that as being as big of an issue as if a
building has shifted even on its lot. It might just be the necessary measures that you need to take to add
into a new basement in some cases; I’m not sure. It sounds like that’s more an of the measure during
construction less than a permanent move.
Board Member Kohler: Well, actually in some cases there are some of the older homes like in
Professorville, they may not meet the required setback requirements but because you’re adding the
basement and not changing the heights. I think you’re pretty much allowed to do that but that is an issue
I guess, are zoning and smaller properties.
Chair Bernstein: Board Member Makinen.
Board Member Makinen: Yes, I recall at Moffett Field when we were working with the State Historic
Preservation Office, there was a gentleman by the name of [Bob Mackinson] who worked for the
(inaudible). I don’t know if any of you know him but we were always concerned with the contextuality of
a development that was proposed. I still recall one of his famous sayings that – he said if a Veteran came
back here, that was at Moffett Field in the 30’s or maybe even the 40’s, would he still recognize the
property after your proposed change? That’s kind of the test I go back to many times. Whether it’s
appropriate – the contextuality is appropriate for a development or even perhaps moving a property. To
consider what would it look like at the time of its period of significances for a person coming back.
Chair Bernstein: Thank you, Jonathan, for including in your presentation that Professorville Historic
Design District Guidelines 4.4.2. Is that part of our Historic Ordinance now?
Ms. French: There’s no change to the ordinance since back in the day, but any changes that could be
proposed would have to go through that big process we talked about at the retreat. It is online, it is
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something that we look at when homes come through here, in addition to the Secretary of Interior
Standards. This is timely that we’re showing this because there may be other homes coming forward.
The ones that we looked at today pre-dated the Professorville Guidelines and those were in Professorville.
Going forward, we have this very clear paragraph.
Chair Bernstein: It’s not in our ordinance though so it’s not like the applicant has to obey this idea.
Correct?
Ms. French: They have to – again, every time we have a discretionary application, they must obey
because it’s got conditions of approval and we can enforce whatever we want, policy-wise, in addition to
ordinances.
Chair Bernstein: Ok, thank you for that. Also… (crosstalk)
Board Member Kohler: Actually…
Chair Bernstein: Let’s see, Board Member Bunnenberg.
Board Member Bunnenberg: I have concerns as we go along, there are some provisions that talk about
making a property or a structure usable for the modern era. We have more and more requests to move a
property so they can put in a pool or tennis courts or things of that kind. I’m wondering how much
weight do we put on that kind of need?
Mr. Rusch: I would say that from a strong preservation perspective, those aren’t – they do not need so
much. I know that…
Ms. French: (Inaudible)
Mr. Rusch: … yeah, exactly. I mean that’s an excellent – a really excellent question, where I don’t – for
instance here, we mentioned practical hardships and it’s – as opposed to the example of – is it the sea
Base?
Ms. French: Right, sea level rise.
Mr. Rush: It’s a different situation for sure. Does that mean that it’s – I don’t know. I guess I’m – I guess
I struggle with that too. Where just updating for modern lifestyles – I mean, preservation is about finding
a balance between current needs and what we’ve inherited. I mean, somewhere in there, there should be
a negotiation process about what the most important needs are and/or desires of the applicant. It’s just
easier for me to say that that type of feature should just be minimized as much as possible but that’s
kind of – that’s just the conversation that needs to happen.
Chair Bernstein: Vice Chair Bower, go ahead.
Board Member Wimmer: I was going to mention – we talk about the contextual setting of some of these
properties and we look – we might have a photo of a property and its sort of original setting or a setting
that might have occurred 20-30-years ago. Then we look at some of these properties now and there’s a
perfect example on Forest and I just drove by it this morning. It’s that cute little blue house that we
looked at as a Board because – and we reviewed it actually because a developer wanted to build a
residential, multi-family residential unit to – if you’re facing the house, to the right of it; which is now
under construction. That poor little blue house is now in the shadows of this very modern, tall building.
It's contextual setting has changed even though the original house has never been relocated or never
moved. I think that’s – I feel like that’s more of a profound concern of mine. It’s almost as if that little
blue house had been moved to a downtown urban setting. It’s like because the setting surrounding these
properties evolves and changes and developments, the original contextual setting is lost through the
virtue of that I think. I think that’s a huge impact that’s what is going on now. There’s even another
City of Palo Alto Page 10
example of it on, I think Waverley. You know that? There’s two little cute houses and then boom, there’s
this tall big modern glass structure and a lot of people are – I’ve heard from some people in the public
coming to me and saying, how can you let that happen? It’s happening. I just feel like – I just wanted to
say that the contextual setting is changing regardless of the relocation of these properties on its own site,
unfortunately.
Chair Bernstein: I’ve had people come up to me also regarding the house on Waverley Street or the new
building and say, how can you let that happen? My answer was because zoning allows it.
Ms. French: Yeah, I would weigh in – Amy French here. Zoning allows it and the Historic Preservation
Ordinance that we have is out – it is what is it. It doesn’t go farther than – I mean, it doesn’t say that
projects next to a historic resource have any – that there’s anything that has to be done with respect the
Historic Resources Board.
Chair Bernstein: That speaks to the weight of our Historic Preservation Ordinance. Rodger Kohler?
Board Member Kohler: I don’t know what happen but today I happened to bring my laminates. I don’t
know why but I did. Here’s a picture of where we are right now, there’s the old building that uses to the
be the City Hall. Then across the street, here’s the building that just got all remodeled. You look down –
here’s the main drag, here’s El Palo Alto the tree and there’s nothing around it. I just happened to grab
these. Everything on this page is basically all gone; the trees, here’s the under – the circle. It’s just life.
Chair Bernstein: I think that speaks to Amy French’s comment that just development happens and zoning
allows it. Also, I’m glad that…(crosstalk)
Board Member Kohler: Oh, my gosh, wait a minute.
Chair Bernstein: Yeah?
Board Member Kohler: We just found out that this house here is this gentlemen’s home. It’s not all gone.
You look old too, that’s ok.
Chair Bernstein: I’m also glad you, Jonathan, brought in the 221 Kingsley Fowler Mansion regarding the
rotation of that and yeah, there was quite a bit of discussion by the HRB. I’m curious also about what you
included in your presentation about California Register Guidance. It says that the State Historic Resources
Commission encourages the retention of historical resources on site and discourages the non-historic
grouping (inaudible). However, it is recognized that moving a historic building structure or object is
sometimes necessary to prevent its destruction. There is no threat of destruction of that – 221 Kingsley
when the project came to us. Then I’m reading what you underlined, therefore, a moved building,
structure or object that is otherwise eligible, may be listed – if it was moved to prevent its demolition. It
was not moved to prevent – therefore, it’s – I guess the Fowler Mansion could be considered to be losing
it’s delisting from California Register based on this interpretation.
Mr. Rusch: I also think that it’s important to mention that it’s a contributor to a district so that does
change the discussion a little bit. If it were an individual resource, which potentially it was – I don’t know.
It could have been eligible potentially, as an individual resource. I think you’re right, as for a change of
that magnitude for an individually eligible resource, I think that would be quite a shock to its eligibility.
Chair Bernstein: Yeah and it was also my public vote during that agenda item that it’s – the character of
the building – by moving it, changed the character of that whole district there. Board Member Corey.
Board Member Corey: Even if you look at the 442, except for moving it off the site, it violated every
single one of those suggestions. Yeah, 221 Kingsley – No, 221 Kingsley.
City of Palo Alto Page 11
Chair Bernstein: I think you for that presentation, so is our ordinance going to become stronger by
having this information today? Ok, so there’s no change in the ordinance but we thank you for the
information. It helps us in our deliberations. Thank you. Yes, go ahead Board Member Kohler?
Board Member Kohler: I just wanted to declare – I’d like to say that Bill Turnbull was a -- he should hear
what I’m saying here to this gentleman here. Bill Turnbull was a critical person in my history, just to let
you know because he was a visiting critic when I was the University of Oregon I think he came up at
least 2-years that I was there and then, [Don Lyndon] was the Dean at Oregon when I was there for 2-
years. Then, he went to MIT after that. He was a pretty sharp guy because – did you work with him or…
Mr. Rusch: Well, I have to say something really disappointing at this point. There are actually two
Turnbulls…
Board Member Kohler: Oh no.
Mr. Rush: …who are architects in San Francisco and there are two firms that have the name Turnbull and
it’s – Bill Turnbull was the other one.
Board Member Kohler: Oh really, because I mentioned…
Mr. Rush: Jay Turnbull is the founder of our firm. It’s a very common mistake.
Board Member Kohler: Because I mentioned that one of your employees and they didn’t mention
anything to me about that. I’m sorry.
Mr. Rush: That’s alright, we do hear it quite a bit. I don’t think we mind catching that luster because Bill
Turnbull was very, very important.
Board Member Kohler: I’ve actually mentioned that to at least two different employees of your group and
they didn’t say anything about it. I’ll keep that in mind, sorry.
Mr. Rush: Oh no, it’s no problem. They probably just – we hear it a lot so maybe it was just politeness.
Board Member Kohler: Thanks for coming.
Chair Bernstein: Thank you.
Ms. French: Now, we have to let him go because he’s got something else to do.
Chair Bernstein: Yes, good, yes.
3. Accessory Dwelling Unit (ADU) Discussion
Chair Bernstein: Next on our agenda is a study session number three. It’s accessory dwelling unit (ADU)
discussion and please - is there any report for us, please?
Ms. French: Yes, so you have the information that we transmitted to you. I should say that the staff
report says that it’s going – the updated ordinance will be going to the Council on April 10th; that is not
true, it’s going on the 11th. Apparently, there was a move in dates and so you have – last time we spoke,
you didn’t have anything in front of you. I think Elena Lee talked to you about what was going on and
there was access via a link to the staff report that went to Council. Now, what we have is just bullets in
this report and it talks about what the State legislation, that became effective in January of this year,
allows and encourages. Then, you also have the Council proposed changes and clarifications, and so this
is what happened on March 7th. This is on page 3 of your staff report. The key section that the HRB may
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wish to understand/review is on page 3 or packet page 9 and it’s number 1 on that page, a full paragraph
that says this, “the language was added to address potential impacts on historic properties from new
detached and attached ADUs,” in quotes there. The legal language is this, “for properties listed in the
Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of
Historic Places or considered a historic resource after completion of a historic resource evaluation.
Compliance with the appropriate Secretary of Interior Standards will be required as determined by the
Planning Director.” Now, this does not mean that somebody that comes in for an accessory dwelling unit
in Professorville or some other context where there’s a historic resource, this does not mean that it’s
going to be coming to the HRB for review. This is going to be a staff level situation because it does not –
cannot be contrary to the State’s mandate that we facilitate these and encourage these and expedite
these; just to be clear about that. Staff did add this in to acknowledge that we need to look at the
Secretary of Interior Standards and it would appear that we are going to require compliance with the
Secretary of Interior Standards.
Board Member Kohler: Maybe you should clarify what you are talking about, these detached structures, is
this the one that the State mandated that you can do any unit in the back of your house, no matter what
the zoning ordinance says? Is that what you’re talking about?
Ms. French: What I am talking about is the ordinance that’s going back to Council that has some wording
regarding when a detached structure or attached structure – they’re called Junior Units, are going
through our process. It’s just a building permit but as part of that, we are…
Board Member Kohler: But you’re not talking about the one that was last week that was a big deal. This…
Ms. French: Yes, I am talking about that.
Board Member Kohler: Ok, so there’s – according to that – what I’m hearing about this and I may be
wrong but you are allowed to do 150-square foot building in your back yard no matter what the
(inaudible) situation is. If you’re maxed out, you can build 150-square foot building.
Chair Bernstein: (Inaudible)
Board Member Kohler: But – if it isn’t, then maybe we should find out about it because that means
anyone can build a 150-square foot building…
Chair Bernstein: It’s not 150.
Ms. French: Rodger, I think…
Board Member Kohler: No, no, no, I have it. I have it and I should have brought it. There’s two of them.
There’s 120 but there’s 150 one as well. I think…
Ms. French: Can I just – I just want to make sure that we’re not getting too deep in the weeds as far as
zoning because I really want this to just be transmitting information to alert you to the fact that we are
inserting into this for Council adoption that these accessory dwelling units, that we’re supposed to
facilitate, will be looked at for Secretary of Interior Standards compliance and will be required to have
compliance. Despite the fact that it’s only a building permit - so this is actually a win because currently
when something is in – only requiring a building permit, it’s – these are all encouragements to follow the
Secretary of Interior Standards, but people might come in and do something different at the building
permit stage. It’s actually great that this is in there.
Chair Bernstein: Excuse me Board Member Kohler; the April 11th, is that the first reading of the
ordinance?
City of Palo Alto Page 13
Ms. French: Well, it’s the second first reading. The first reading happened on March 7th and then the
changes were so significant that they are doing another first reading.
Chair Bernstein: It’s still considered first reading so there won’t be any adoption of an ordinance on
April…
Ms. French: They would have the opportunity to say, yes, we approve this ordinance and then it comes
back to them on second reading…
Chair Bernstein: Oh, I understand, yes.
Ms. French: …which is.
Chair Bernstein: Ok, thank you.
Board Member Kohler: Is this ordinance just for Professorville or are you talking…
Chair Bernstein: No, it’s for the whole City.
Board Member Kohler: The whole City, ok.
Chair Bernstein: Great.
Board Member Kohler: You’re relating to it because it will impact us in historic buildings?
Chair Bernstein: We’re going to…
Ms. French: I don’t know if it will impact you because we are not going to bring them to the HRB. What
will be impactful is to your knowledge. Your knowledge is that we are looking at these things for
Secretary of Interior Standards compliance so if you asked out in the public, “are these coming in and
they are just being plopped onto a historic property without review of Secretary of Interior Standards?”,
you can say, “oh no, they will be reviewed, just not by us as a Board, but by staff.” I’m going to
introduce Chitra, who is responsible for the next staff report, and if you want to ask her for further
questions about other things.
Chair Bernstein: Welcome and can you pronounce your name again, please?
Mrs. Chitra Moitra: Chitra. Chitra Moitra, Planning -- Planner.
Chair Bernstein: Chichum?
Ms. Moitra: Chitra, C-H-I-T-R-A.
Chair Bernstein: I’m sorry.
Ms. Moitra: I just want to add something to what Amy said. We are – the City Council is hearing this item
on April 11th as a consent item and the Council will decide whether to hear it on that night or may decide
to pull it off so based on the Council’s decision, we’ll know more – what happens.
Chair Bernstein: During that April 11th meeting, is there a process where an HRB Member can speak to
the Council asking that that consent item to be pulled from the agenda as a consent item?
Ms. French: It would not be a consent item.
Chair Bernstein: Oh, I just heard it was.
City of Palo Alto Page 14
Ms. French: If it’s a first reading, I don’t believe that that is on consent, is it?
Mr. Jonathan Lait, Assistant Director of Planning: (Inaudible)
Chair Bernstein: Hi, Mr. Lait, welcome.
Mr. Lait: Hello, good evening. Good evening? I attend night meetings so it’s programmed that way.
(Crosstalk)(Inaudible)
Chair Bernstein: We did have a time change recently, your right.
Mr. Lait: I’m Jonathan Lait and I’m the Assistant Director to the Planning and Community Environment
Department that we work for. This ordinance did actually have a first reading already before the City
Council and they gave us some – I think it was about eight or ten discreet changes to make to the
ordinance. The City Attorney has advised that we need to do another first reading of that ordinance but
that’s going to be on the consent calendar. To the question that was asked, certainly, any member of the
public could approach the Council and ask that any item be taken off the consent calendar. It’s the
Council’s discretion to do so.
Chair Bernstein: Procedure, can an HRB Member address the Council during that consent discussion –
and speak to the ADU Ordinance or does it need to be pulled off consent before a Member of the HRB
can speak to the Council at that meeting? Do you know?
Mr. Lait: I think during the consent, there is an opportunity for members of the public to speak to items
on the consent calendar before the Council makes an action to pull it or not pull it.
Chair Bernstein: Can that member of the public be a Member of the HRB?
Mr. Lait: Yes. Sorry, yes.
Chair Bernstein: Thank you. Alright, any other comments from Staff? Ok. Alright. I’m glad you’re here
Jonathan. I’ll have a series of questions and comments regarding the proposed ordinance but I’ll see to
any other -- Board Member Makinen.
Board Member Makinen: Just a little clarification. I was reading over this material and I think you touched
on it just a minute ago, Amy. The junior accessory unit and it’s JADU, I saw that pop up as a term but it
was never defined and I really hate it when I read documents and they don’t give a clear definition on
what these terms are. Now, where was that actually defined what a JADU is?
Chair Bernstein: That is a – well, you’re just making a rhetorical comment, right?
Board Member Makinen: Yeah, I think we should know what it is.
Chair Bernstein: Well, it’s a junior accessory dwelling unit, is what it is but – I understand.
Ms. French: Yeah so, we believe that the State defines that as a 500-square foot unit, in our staff report
packet page 9. There is a local modification to increase the maximum size of an attached ADU to 600-
square feet. I don’t know how that relates to the junior accessory.
Ms. Moitra: For a detached ADU – I’m sorry, for a junior accessory dwelling unit, the State regulation
requires you to have a maximum size of 500-square feet and that is to be included in the building
envelope. Like it should be a conversion of an existing room, maybe a bedroom, to a junior accessory
unit.
City of Palo Alto Page 15
Board Member Makinen: Ok, so that’s within an existing structure, then?
Ms. Moitra: That’s detached – attached ADU, that’s different. There’s a little bit of confusion here. For
attached ADUs the existing size was 450-square feet and the Council at the March 7th discussion has
requested Staff to increase that to 600-square feet so an addition of 150-sqaure feet.
Chair Bernstein: Right. If we add the – if that gets approved, the 600-square feet, if that puts the total
FAR of the property over the allowable that’s ok by this proposed ordinance?
Ms. Moitra: It should be within the existing FAR.
Chair Bernstein: Ok, so then 600 is not a right then?
Ms. French: It would be a building permit…
Chair Bernstein: But if that exceeds the FAR…
Ms. French: but wouldn’t exceed the FAR to get a building permit only.
Mr. Lait: Thank you. Jonathan Lait again. The – to answer the first question, a junior accessory dwelling
unit is a defining term in the ordinance. In the draft ordinance that went to Council, it’s defined as a unit
that – as Chitra has mentioned - it means that a unit that is no more than 500-square feet in size and
contained entirely within the existing single family structure. A junior accessory dwelling unit may include
separate sanitation facilities or may share sanitation facilities with the existing structure. That is a
defining term. With respect to the floor area question, the – all accessory dwelling units do need to meet
the City’s floor area requirements and the City Council gave – in a couple instances, did exempt – I think
it was 50 additional square feet for one type of accessory unit and like another 150-square foot for floor
area, where they added that to the base standards. The codes being changed to accommodate a little bit
more floor area.
Chair Bernstein: Do that mean that the FAR – let’s see. If the 600-sqare feet, if that exceeds the FAR on
the property, that’s – you cannot do the 600-sqare feet, is that correct?
Mr. Lait: Is the question, can the accessory dwelling unit exceed 600-feet or the 600-feet in combined
with the primary residence exceeded what the code has established as the maximum buildable floor
area?
Chair Bernstein: It says, increases the – oh I see. (Inaudible) it says, the maximum size is 600-square
feet but you still have to comply to the FAR so you meet…
Mr. Lait: That’s correct.
Chair Bernstein: Ok, thank you for that. Thank you. Yes, Board Member…(crosstalk)
Board Member Bunnenberg: I have a question…
Chair Bernstein: …Bunnenberg.
Board Member Bunnenberg: … along that line. What are the setback requirements or are there setback
requirements?
Ms. Moitra: Yes, there are setback requirements for new accessory dwelling units. Council’s
recommendation on March 6th was no more than 6-feet required side and rear setbacks for ADUs but for
converted – existing garage conversion to an ADU, there is no setback requirement and that’s for a single
story.
City of Palo Alto Page 16
Chair Bernstein: Right, good.
Board Member Wimmer: But it still has to comply with the daylight plane if it’s detached.
Ms. Moitra: Yes.
Chair Bernstein: Unless (inaudible) – unless it’s an existing, non-conforming situation, right. Thank you.
Board – Beth, your lights still on, do you have a question? Board Member Makinen.
Board Member Makinen: Nothing at the present time, Chair.
Chair Bernstein: I just saw your light on. Board Member Wimmer.
Board Member Wimmer: Is there still an assessment that is going to be charged for the secondary
dwelling units? I believe there were two assessments and there was a $18,000 one-time assessment for
an ADU that was less than a certain square footage. Then a higher assessment charge if the ADU was a
higher square footage, is that still in the plan, an impact fee.
Ms. French: When we’re saying assessment, we are talking – yeah, development impact fee.
Board Member Wimmer: Development impact fee. It’s a one-time fee, is that still being planned?
Ms. Moitra: I’m not sure on that but I will get back to you on that. As far as I know, it will be charged but
there would be no requirement for new utility hookups or any other kind of utility hookups and fire
sprinklers, if the main dwelling unit does not have it for attached.
Board Member Wimmer: If the main dwelling unit does not have fire sprinklers, then the ADU is not
required to…(crosstalk)
Ms. Moitra: Not required to have (inaudible).
Board Member Wimmer: …have fire sprinklers because that’s how -- Los Altos has the same rule.
However, I do this in different Cities, I have several ADU projects and Palo Alto is the only one that is
proposing an impact fee. I just thought that was interesting.
Chair Bernstein: Where does – is the fee listed? Is it published somewhere?
Ms. Moitra: Yes, the impact fees are published.
Chair Bernstein: Huh? What?
Ms. Moitra: The impact fees are published.
Chair Bernstein: I’d like to learn that. For an applicant to apply for an AD Unit, there’s a $18,000 fee?
Ms. French: That’s – ok – that is – it sounds like you’re talking about a permit fee, that’s not a permit fee.
Development impact fees are assessed at the time of building permit to be paid to cover any new
dwelling unit…
Chair Bernstein: Oh, I see.
Ms. French: … which an accessory dwelling unit is, to pay into the parks, libraries, and community
facilities fees.
City of Palo Alto Page 17
Chair Bernstein: Ok, so that’s nothing new then?
Ms. French: Nothing new, yes. Whether – it sounds like this ordinance is not addressing that. In other
words, not changing that fact in Palo Alto.
Ms. Moitra: Yes.
Board Member Wimmer: On top of that, would you still need to pay school impact fees?
Chair Bernstein: Great question.
Ms. Moitra: There’s no change. There’s no change to that. You have…
Board Member Wimmer: That means because – I think if you’re adding more than 500-square feet, you
have to pay school impact fees, right? I think that’s the trigger point, 500-square feet?
Mr. Lait: Yeah, I’m sorry Board Member. I don’t know that we know all the different fees that are
assigned to the different projects right now but this ordinance that’s going to Council does not change
any fee structure that we have presently. If there is a concern about the existing fee system that we
apply to these units, then I think that’s an appropriate conversation or a comment that we could
understand. We can also take a look at that when our fee study goes to the Council, I think it’s in June
this year. If there’s an additional fee – if there is somehow a fee that is discouraging this, we can take a
look at that and identify that. We’ll take that comment and try to explore the different fees that would
apply to any accessory dwelling unit, whether it’s an existing or a conversion to a JADU and see what
that looks like and how that might need to change if at all.
Chair Bernstein: Go ahead, Board Member Kohler.
Board Member Kohler: I guess I’m – I read a pretty long article about all this and it sounds like Palo
Alto’s – is incorporating as part of their ordinance of what to do because what I read about this was that
there weren’t going to be any zoning rules other than square feet. That’s good to hear that Palo Alto will
still have a daylight plane because the article I read was kind of scary. You could – there were no rules,
you had this 150 or whatever the number square feet and you could build it and it was not required to go
through any other rules. I’m mean, I ‘m glad you’re – what you’re saying is what will be here in Palo Alto
because I think that’s going to be a much more reasonable approach to this situation. The one I read
was floor area wasn’t (inaudible), if you wanted to add this square foot, you could do it. That’s probably
in general but I’m glad to hear Palo Alto has this limit. I think that’s good.
Ms. French: One thing I would call the attention to when we talk about existing zoning standards and
what this is talking about. Currently, you can’t have a living area within the rear setback. You can have a
garage but it can’t be used for living. What this says is that there will be no greater setback than 6-feet
at the side and rear yards. Now, with this ordinance, you will be able to have a living unit six feet from
the rear property line, and that’s a change.
Board Member Kohler: That’s a pretty big change.
Chair Bernstein: My understanding of the proposal, there are three types of accessory dwelling units.
There’s detached, there’s attached and then a junior, correct? There are three kinds?
Ms. Moitra: Correct.
Chair Bernstein: Great, thank you for that. What I understand, the detached maximum proposed is 900-
sqare feet?
Ms. Moitra: Yes, correct.
City of Palo Alto Page 18
Ms. French: That is no change from the existing.
Chair Bernstein: Right. Then the attached ADU is 450. There might be – correct? 450 is the current
proposal?
Ms. Moitra: Existing is 450 and Council proposed attached to be 600.
Chair Bernstein: Up to 600 and then the junior ADU is – State is – is 500-square feet?
Ms. Moitra: 500-sqare feet.
Chair Bernstein: I’m going to repeat it so that I get this right. Detached - 900-square feet, attached is
proposed 600-square feet and then junior ADU is 500-square feet. Thank you. Board Member Brandon
Corey?
Board Member Corey: One clarification, is the only difference between an attached and junior the max
square footage or is there something – I did hear the junior must be attached by I’m still not 100% clear.
Ms. Moitra: Yes, a junior is when you carve out the existing 500-sqare feet from an existing bedroom or a
spare living space that you have.
Board Member Corey: Isn’t that also an attached – the attached? How is that different?
Ms. Moitra: Attached can be added.
Chair Bernstein: An attached would be an addition – house addition basically.
Ms. Moitra: A house addition, it can be added but the junior is something from the existing.
Board Member Corey: From the existing so you can’t add to create a junior?
Ms. Moitra: No, you cannot add a junior.
Board Member Corey: Add a junior so that’s the difference. It’s just whether or not it’s existing or not, ok.
Chair Bernstein: Great, thank you.
Board Member Corey: Can you create – if you have existing, can you make that an attached or that
would just automatically become a junior based on that?
Ms. Moitra: Right.
Board Member Corey: Interesting.
Board Member Wimmer: Can I have – ask a follow-up question.
Mr. Lait: Hold on, I think there are a couple of things here. The other distinction is the junior accessory
structure can rely on the sanitation facilities within the primary residences. Whereas, an attached
accessory dwelling unit needs to provide full, independent living on its own. Merely taking an existing one
and attaching it to that house, doesn’t make it a JADU. It’s the conversion of an existing bedroom and
meeting these other things within the existing structure. We have a primary residence and an adjacent
detached structure and you wanted to merge those together somehow, there may be a way to do that in
the code but that doesn’t make it a JADU, it may make it an attached accessory dwelling unit.
City of Palo Alto Page 19
Board Member Corey: Then if you removed the separate sewage system, wouldn’t it them become a
junior? Is that the only difference then?
Mr. Lait: I think the – the purpose of the junior accessory dwelling unit is to create a lower threshold
opportunity to – for a unit in the home. It’s sort of a lower bar to do an accessory dwelling unit. You
don’t have to meet the same standards as you – not all the same standards that you do for the accessory
dwelling unit. Right.
Chair Bernstein: Board Member Bunnenberg.
Board Member Bunnenberg: Somehow, I always pictured the attached dwelling unit on the back. Is there
any provision against you taking in a large front porch that – this was done a lot in Professorville before
we had – or adding a thing to the changing the front façade? Is that allowed?
Mr. Lait: If you're – and if you interest specifically in Professorville, in general? Ok. To the extent that the
code would allow – to the extent that the development standards that are in place today, would allow for
that kind of a conversion. That would be reviewed and it could be approved. In Professorville or for any
historic resource, there is a requirement that it be consistent with the Secretary of Interior Standards,
which Staff will review with a consultant to ensure that it doesn’t detract from the character defining
features.
Board Member Bunnenberg: There are a lot of houses that are just out of Professorville but have similar
kinds of construction and I could view a lot of front porches being taken in.
Chair Bernstein: Thank you. I have a copy of the draft ordinance and I just highlighted a couple
questions to help my understanding of it. The first one is, this is – I’ll give you the page number or the
chapter number so it’s 18.42.040A8(VI). Let’s see, it’s page number 15 or its was the Council’s packet
page 450. It’s page 15 of the ordinance. Do you have that Jonathan? Ok, thanks. It’s the paragraph
where it says, under VI, it says that there shall be no windows, doors, mechanical equipment or venting
exhaust system located within 6-feet of a property line. The California Fire Code that the City of Palo Alto
Council adopted allows those opening to be 5-feet from the property line. My suggestion for Council
review would be that changed from 6-feet to 5-feet so it’s consistent with the fire – California State Fire
Code that the City of Palo Alto adopted or are they having that different?
Mr. Lait: Thank you for that comment and I will say that the Council did give us direction to remove the
design review and other similar requirements. I think that might be a provision that is slated to be
removed.
Chair Bernstein: Thank you. Also, on that same page, I’ll give you the location, 18.42.040(A8) (IV) and
that’s also on page 15. Let me – let’s see – let me look for it here. IV — here it is right there. It says – I’ll
read it, it says “Design the detached accessory structure so that’s a separate building, shall be similar to
the main residence with respect to style, roof pitch, color, and materials.” The Secretary of Interior
Standards require compatibility and differentiation. If that’s the only statement that an applicant reads,
that it must be similar. There’s a chance that it could be a replication of a style and it could be considered
to be leading toward false historicism if it’s – if there is a tutor style main house and then the new
dwelling unit looks exactly the same amount of details. It might look like it’s a historic structure and
that’s conflicting with SISR.
Mr. Lait: Right and…
Chair Bernstein: So, there should be a – somehow if the ordinance can somehow address SISR.
Mr. Lait: That provision is going to be struck in the new ordinance that’s going to the Council on April 11th
as that is a design standard that will be modified.
City of Palo Alto Page 20
Chair Bernstein: Great. Thank you for that. Next page, it’s 18 – let’s see, it would be page 17 and it’s
18.42.040(B2VI) and VII. Let me find those here. The code says – I’ll read it, a junior accessory dwelling
unit must be created within the existing walls and the existing primary dwelling – and must include
conversion of an existing bedroom. It should just be – why does it specify that it must be – include a
bedroom? For example, if you look at an Eichler, there may be no bedrooms in the back, all the
bedrooms are in the front. If you must attach it to a bedroom, that puts that ADU in the front. It should –
a bedroom to me becomes too much of a prescription of where that ADU has to – I think this should not
have a prescribed room.
Mr. Lait: That just comes from – straight from State law. That’s how the State drafted it.
Chair Bernstein: If we look at the Eichlers where the bedrooms are in the front and none in the back, that
puts the ADU in the front, if you follow that prescription. That’s what that means.
Mr. Lait: Yeah and I don’t – is there something inherently wrong with that?
Chair Bernstein: Let’s see, from a – we have some National Historic Districts of Eichlers, I guess that may
end up with ADUs in the front.
Mr. Lait: The building doesn’t change.
Chair Bernstein: Ok, that’s true. That’s a true statement but you need a separate entrance. Ok.
Ms. French: Obviously, they can still do a 600-sqaure foot attached ADU at the back but – they build it
new and you won’t see it. That might be the choice of many people.
Chair Bernstein: The explanation was that’s verbally from State law so that’s by that word is there.
Alright, then Chein, you said?
Ms. Moitra: Chitra.
Chair Bernstein: Chitra also mentioned that there are some revisions on the square footages so that’s just
a technicality. Thank you for that. On 18.42.040b2VIIB, for the kitchen requirements for the junior
accessory, you’re limited for cooking only an electric range. Do you know why a gas range would not be
allowed?
Mr. Lait: Again, this is State law. It’s explicitly spelled out (inaudible) State provision.
Chair Bernstein: Could be some energy concerns there or environmental concerns. Ok, well that explains
that. On 18.42.040b2(XI), it talks about deed restrictions and it says do not permit short term rentals.
Short terms should be defined so that a building owner understands what a short-term definition is. Is it
one week or one year or 30 days or whatever. That should be specified unless that’s just verbatim from
State law.
Mr. Lait: Right, I think the – elsewhere in the code we talk about a minimum rental of – yeah, short term
rentals. It’s up above on page 17.
Chair Bernstein: Ok, great.
Mr. Lait: It’s short term rentals, the junior accessory dwelling unit shall not be rented for periods of less
than 30 days.
Chair Bernstein: Ok, great. Thanks. Next is on – there’s a map of accessory dwelling unit parking
exemption areas and I’ll just hold that up for the camera. There’s a diagram that talks about the shuttle
stops and if I look on the map in Professorville, I think there’s a Palo Alto bus stop on Embarcadero that’s
City of Palo Alto Page 21
outside that circle. As I understand, there are exception that if you’re near public transportation but Palo
Alto shuttle bus stop -- I think that’s a listed public transportation thing.
Mr. Lait: The code also defines what public transit is and I’m not sure the local shuttle meets the
standard.
Chair Bernstein: Oh, ok.
Mr. Lait: Nevertheless, the City Council has waived or at least proposed – announced its intent to waive
any parking requirement for any ADUs and so the whole radius around train stations or bus lines is
relevant.
Chair Bernstein: Ok. Thanks for that. Board Member Wimmer.
Board Member Wimmer: I also wanted to mention that there’s also the second impact of some these
secondary dwelling units, for instance, the attached secondary dwelling units. I know today that we are
just talking about planning issues but then once an applicant actually applies for one of these things,
then there’s a layer of building codes and things like that, that are then realized. One of those codes is
that if the secondary dwelling unit is attached, you have to create a firewall between the main dwelling
and the secondary dwelling, which is a special – a specified wall system that goes from the foundation up
to the roof. An attached secondary dwelling has to have its own HVAC system because you can’t
penetrate through this wall unless you have fire dampers, which is a very expensive HVAC ducting
system. The secondary dwellings have to have their own exclusive HVAC system. That’s something that
I’m again, realizing with the experience that I’m doing on these projects in other Cities. I just think it’s
something to be aware of – the constructability that what the building department will require. It can be
very involved and complicated, especially, if you’re altering – like with a junior accessory dwelling, where
you’re taking existing square footage, you are going to have to alter the structure to really realize that
and make that happen. Sometimes these – when we talk about it in planning, it seems doable but then
that – you also have to focus on what is required by the code. I’m just putting that out there.
Mr. Lait: (Crosstalk) If I can…
Chair Bernstein: Board Member…
Mr. Lait: … take a moment to respond to that. The – you’re correct, the accessory dwelling unit – an
attached accessory dwelling unit would need to meet the required life safety provisions to be established.
However, for the junior accessory dwelling units, there’s a provision that says, for the purposes of any
fire or life protection ordinance or regulation or for the purpose of providing service for water, sewer or
power, a junior accessory dwelling unit shall not be considered a separate or new unit.
Chair Bernstein: Board Member Corey, you had a…
Board Member Corey: I have to excuse myself to leave. Thank you. Sorry.
Chair Bernstein: Thank you for your attendances so far. Board Member Kohler.
Board Member Kohler: Yeah, I have going to…
Chair Bernstein: You need your mic on.
Board Member Kohler: I have a scheduled meeting. I need to run too, thank you.
Chair Bernstein: Ok, 1, 2, 3, 4. We still have a quorum present, thank you. Thank you, gentlemen, for
your – ok. Thank you, I just have some other comments regarding the proposed ordinance and I also see
City of Palo Alto Page 22
Jonathan, that you and staff and Council are doing a good job of trying to fine tune this. Go through all
the historic issues – I’m sorry, what?
Board Member Wimmer: (Inaudible)
Chair Bernstein: I do have some concerns that I would like to express and I have some notes that I
would just like to read. I’m just going to read my notes here so I don’t miss anything. I’m concerned
about the design of proposed new construction on properties with listed historic resources. How will they
be designed to be consistent with the Secretary of Interior Standards of Rehabilitation? The City of Palo
Alto is a Certified Local Government (CLG). The Historic Resources Board is the agency that meets this
certification requirement to be a CLG and then you can see the 5 requirements. I put that At Places, I put
that at the public desk and I gave it to the members of Staff also and that’s being distributed to Staff
right now. Those are the five requirements to – for a CLG such as the City of Palo Alto and the Historic
Resources Board is the agency that meets that certification requirement. My next note is failing to meet
these requirements puts the City of Palo Alto at risk of becoming de-certified as a CLG and on my next
page, the Staff and public and HRB Members can see the de-certification process. To remain a CLG, the
CLG must enforce the local Preservation Ordinance. This means that new construction on properties with
listed historic resources must be consistent with the Secretary of Interior Standards of Rehabilitation. As a
CLG, HRB Members require annual State mandated training for applying the standards for historic review.
The Secretary of Interior Standards are not prescriptive standards, they are subject to scholarly
interpretation based on the required annual training that HRB Members need to receive. The newly
enacted State legislation permitting ADUs and JADUs, require ministerial review of ADUs. If all reviews of
ADU and JADU applications involving historic structures are restricted to Staff review, how will the CLG
requirement be met without input from the certified CLG agency of the HRB? This is today’s challenge.
The answer that challenge is that CLG allows the City of Palo Alto to enact appropriate local historic
preservation to meet the requirements of CLG. So, suggestions for local legislation to allow HRB input
into the ADU/JADU review processing include a no fee study session with the full HRB, a no-fee study
session with an HRB subcommittee, a full HRB public hearing or HRB participation in some manner. To
my point, my concluding comment is that local ordinances are in response to our cultural values. The City
values historic preservation as evidence by our Historic Preservation Ordinance. Our ordinance requires
new construction involving historic resources to be consistent with the Secretary of Interior Standards for
Rehabilitation. HRB Members receive the required State mandated training for reviewing applications for
new construction. It is appropriate that the HRB in some manner review proposed new construction
involving historic resources. I look forward to continuing with Council and Staff to ensure the cultural
values of historic preservation continue to strengthen. I look forward to any other comments from HRB
Members of the importance of the HRB involvement during this review of any changes or new
construction on historic properties or any other comments from Staff too.
Ms. French: I would just comment, for sure JADUs which are contained in existing structures, that
statement would not relate to that, (inaudible) speaking to just additions.
Chair Bernstein: I agree, ok. With an attached ADU, that is a new addition to – if a project that’s listed
on a historic (inaudible), that’s a new addition to a historic structure, correct? An attached ADU?
Ms. French: That’s my understanding.
Chair Bernstein: Then no HRB review of an attachment – let’s say you have a Category – say the Squire
House, for example. If an owner wants, and if it meets all the requirements for FAR, for example. If you
can do a non-compatible addition to the Squire House, correct? This State law would allow that?
Ms. French: The Staff would be entrusted – delegated really in this situation to ensure Secretary of
Interior Standards compliance. That’s how it’s currently going to the Council.
City of Palo Alto Page 23
Chair Bernstein: Does a CLG certification allow a non-HRB member to address the Secretary of Interior
Standard Compliance or consistency because the CLG specifically says that the HRB is the agency for
that.
Ms. French: Yes, well…
Chair Bernstein: If the HRB is not involved how does that meet the CLG requirement? (Crosstalk)
Ms. French: I believe that we have instances and – where Staff on minor – the code does allow – the
Preservation Code 16.49 of the Palo Alto Municipal Code does allow Staff to act on behalf of the HRB for
minor modifications and that has occurred over the years with qualified staff and consultants that assist
staff as is the current situation.
Chair Bernstein: Ok. Alright. It sounds like then that there’s going to be some kind of good monitoring of
any proposed additions to historic structures. Board Member Bunnenberg.
Board Member Bunnenberg: It does seem to me that I would support your position.
Chair Bernstein: I think that wasn’t recorded. Can you repeat the comment?
Board Member Bunnenberg: It does seem to me that I would support your point that it needed to be a
subcommittee or someone from the HRB involved.
Chair Bernstein: Go ahead, Board Member Wimmer.
Board Member Wimmer: Just to clarify what you’re asking. If there a historic category house and they’re
proposing to create a secondary dwelling – if it’s attached and they are altering and doing an addition to
the house, then yes, that would come to the Board I would guess because that would just go through –
just because it’s an accessory dwelling unit, that doesn’t dismiss it from having to be reviewed. I guess if
it’s detached, that’s the wild card. If it’s a detached structure in their yard, does that trigger an HRB
review? Is that what you’re – is that kind of summarizing? I’m trying to understand better – I think that’s
what you are asking.
Chair Bernstein: Yeah, if it’s a new – if it’s a house addition to a historic structure and it’s a list historic
structure…
Board Member Wimmer: It would come to the Board.
Chair Bernstein: …does it come to the Board even if it’s an ADU application?
Board Member Wimmer: That shouldn’t dismiss it. I don’t know.
Ms. French: It would seem that the ordinance is saying that it would no longer come to the Board if it’s
specifically an accessory dwelling unit but I’ll let Jon correct me if I am wrong.
Mr. Lait: We have consulted with the City’s Attorney’s office about this issue because we know it’s
important to the HRB to – I mean, you’re interested in protecting these wonderful historic resources that
we have in the community. Understandably, if somebody is building a new 600 or 900-square foot
accessory structure, you want to make sure that it’s not detracting from the character of what’s going on
or impacting the key character-defining features of a residence. However, our attorney’s office has
informed us that they believe that a review process such as coming to the HRB for the accessory dwelling
unit would be inconsistent with the intent of the State legislation and that’s why the Council has added
the provision, which I think is in the Staff report, requiring the review of any accessory dwelling unit
that’s on the City’s historic resources inventory to have this assessment that’s being done. If it’s a minor
thing and we have a staff member available to assist us with this -- we now have the one vacant position
City of Palo Alto Page 24
and because of that, we have a consultant that is helping us. Page and Turnbull are helping us with some
reviews and that’s how we would continue to do that. That review would ensure – there would be two
reviews. One, there would be the consultant review and then there would be the staff sort of review of
that work too – that works with this Board and has been working with these issues. That’s how we feel
like that we are going to ensure consistency with the Secretary of Interior Standards. I was looking at the
five requirements for CLG Certification and I don’t think anything in the process that we’ve laid out here
would be in conflict with that. The CLG is granted to the local government. It’s the City of Palo Alto that is
a CLG City and the five basic perimeter’s talk about enforcing State and local regulations for designated
resources and our attorney’s office has (inaudible) that State law for the ADUs is moving those to a
ministerial process, as efficiently as possible is the State’s concern, and having a review process where it
comes to the HRB would be in conflict with that. I don’t think we’re, as a City, running into a legal
challenge but I do understand the interest of wanting to be engaged in that discussion. That’s one of the
things we are trying to understand and balance more.
Chair Bernstein: If an applicant proposes a non-compatible addition to a historic structure and if the staff
says no, isn’t that discretionary?
Mr. Lait: No, we would treat that as an objective development standard in terms of its compliance with
the Secretary of Interior Standards. Ideally, though, we’re working with – we do this all the time, where
we are working with applicants to identify those concerns up front and have them design a structure that
is in compliance. However, if it is not consistent with the Secretary of Interior Standards, we will not issue
a building permit for the construction of that accessory dwelling unit.
Chair Bernstein: Standard 9, it’s not a checklist of yes or no like – so I take some judgment.
Mr. Lait: It does.
Chair Bernstein: Isn’t that discretionary if there’s judgment involved because ministerial says that it meets
the seismic code or not. That’s yes or no, that’s just mathematics.
Mr. Lait: There is a certain amount of – even in an applying objective – so there are the clear objective
standards where you can’t go above 30-feet in height…
Chair Bernstein: Correct.
Mr. Lait: …or whatever that is and zoning codes from time to time have objective standards that blur the
line a little bit and this ordinance included some other standards such as design compatibility. You read a
couple under the record which are also subjective but the balance is – one of the questions that we
asked the Council is are these descriptive enough to give enough guidance to somebody for – to do this
without it being too subjective in its review and therefore ministerial? If we have a question -- I would
say to go to your scenario that you described. If we’ve done a review and we’ve concluded no, it’s not
consistent with the Secretary of Interior Standards, we’d probably give the applicant an opportunity for
us to get another third-party consultant if they wanted to challenge that because we understand that
there can be different points of views. In the end, we’re going to look for where the evidence leaning
toward and make a decision based on that.
Chair Bernstein: Can that third party review be the HRB?
Mr. Lait: I don’t know. I think we would have to figure that out.
Chair Bernstein: Well, you’ve got the seven people who pretty well understand what’s going on in Palo
Alto regarding historic properties.
Mr. Lait: Yeah, no, I listen, I understand (inaudible)(crosstalk)
City of Palo Alto Page 25
Chair Bernstein: That’s why we were appointed.
Mr. Lait: … I’m not – I’m trying to give you – I’m trying to be responsive to your question but then also
be mindful of the direction that we’ve received from the City’s Attorney’s Office but I think you can be an
opportunity – probably at this point because we are going April 11th and I don’t think you’re having
another meeting before then. It could be worthwhile for individual Board Members to write letters to the
Council expressing your point of view of certainly come up to the – show up to the meeting.
Chair Bernstein: Yeah, great. Ok.
Ms. French: Can I also say one thing? You had – in your discussion, you had mentioned study sessions.
Of course, we can encourage anybody, including those that are looking to do accessory dwelling units to
come as a study session at the earliest opportunity. Whether we catch those people or not at that earlier
stage is a question but it’s not a requirement so it’s voluntary and it could be helpful to people to get to
that point of compliance. We would still encourage people.
Chair Bernstein: Yeah, that’s why this is added as a way for the HRB to at least see the proposed
application. Just so the applicant hears our comments and that’s what we’ve been encouraging even
before this proposed ordinance came. If there is some way that – again, that goes back to my question a
long time ago is how would an applicant that goes to the Development Center know that there’s this free,
no fee study session with the HRB? That would be a good – I don’t have an answer to how the
Development People know to say that.
Ms. French: Because the ordinance hasn’t been passed, there’s nothing that’s being said at this point but
following passage, certainly administrative policy and practices are something that we can – in flyers and
website announcements is all within the realm of things that staff can do without Council weighing in on
that.
Chair Bernstein: Right. Board Member Wimmer.
Board Member Wimmer: I would think that if an applicant came with an addition that – if it wasn’t a
secondary dwelling unit and if that addition needed to be reviewed by the HRB, then I think – I guess
whether or not, it’s a secondary dwelling unit. If an addition would traditionally trigger a review by the
HRB then I think that should remain a requirement, whether or not it’s an accessory dwelling unit or not.
I can – I guess I can kind of see how because the City is trying to expedite this process that if it’s a
detached structure that doesn’t – would not alter the existing historic main buildings, then that can be
Staff reviewed just because coming to the HRB is -- it’s a time requirement and doing drawings and
presentation. I can see that being ok – I mean, it would be ok with me, as a Board Member, if an
applicant wanted to come and do a detached structure. They – it meets all the planning codes and yes,
we want it to be differentiated and naturally, it’s going to be because it’s probably going to be a different
looking building. I would entrust that the end result with the Staff review would be admissible or
acceptable. That’s just my comment.
Chair Bernstein: Board Member Bunnenberg.
Board Member Bunnenberg: I also think that it’s important for all of us to think about that there are –
we’re often talking about lots that are in the middle of the block but there are corner lots that their open
space will be very visible from the street. That would be an extremely important point to have something
that is very compatible because it will have a distinct visual impact on the historic structure.
Chair Bernstein: Any other items regarding this agenda item? Board Member Wimmer.
Board Member Wimmer: I think also once the ordinance is put into place and then these applications
start coming through and these accessory dwelling units become – are realized in our community, it’s
kind of not until then that we can see the impact of what’s really – how this is really going to play out
City of Palo Alto Page 26
and I think the Council has the power to adjust the ordinance. If – once we put the wheels in motion and
the wheels are going off to the wrong path, I think the City Council will correct it. I think I do have faith
in that sometimes we just need a little history to see how this thing is really going to impact the
community and I’m sure community members will complain or offer their opinions, then the City Council
can make adjustments at that time.
Action Items
None.
Approval of Minutes
3. March 9th, 2017, Draft Minutes
Chair Bernstein: Any other things on this agenda?
Ms. French: We did have the approval of minutes but you know, let me know. You have a quorum to
approve them so that’s also on the agenda.
Chair Bernstein: Jonathan thank you so much and thank you. Next on our agenda item is approval of
minutes from March 9th. Is there a motion to amend or approve? Board Member Makinen.
Board Member Makinen: Excuse me. Going through your minutes, I think there’s one minor correction on
page number 2. You may agree with Chair Bernstein. You’re quoted as saying that’s excepted, I think you
mean that’s a-c-c-e-p-t. It’s about nine lines down.
Ms. French: Tell us what page you’re on, please.
Board Member Makinen: We’re on the minutes of March 9th, 2017, on page 2, about 9 lines down. Chair
Bernstein says that’s accepted, any discussion on a nomination?
Chair Bernstein: Yeah, I’d say accepted, a-c-c – correct.
Board Member Makinen: Excepted would mean you didn’t…
Chair Bernstein: Ok, thank you. Yeah, I agree with that correction.
Ms. French: We are not doing quality control on these minutes. We get them from the transcriptionist
and that’s how they stay. Sorry about that but we can correct that.
Chair Bernstein: Then also down on the minute’s page 6, at the very bottom -- second to the last line on
page 6 says HCDL, what is HCDL?
Ms. French: (Inaudible)
Chair Bernstein: Yeah, second line to the bottom. What is HCDL?
Ms. French: Ms. Lee, that was Elena Lee. I’m just guessing that that must be a State agency or some
kind of agency.
Chair Bernstein: Ok.
Ms. French: Yeah, she must have said it but I can verify with her that those are the acronym she said
and then I get back to you on what that acronym means.
City of Palo Alto Page 27
Chair Bernstein: Ok, great. I have no other corrections or amendments to offer. Is there – Board
Member…
MOTION
Board Member Wimmer: I’ll move to approve the minutes.
Chair Bernstein: Ok, all those in favor – saying second? Second – is there a second?
Board Member Makinen: Second.
Chair Bernstein: There is a second by Board Member Makinen. Ok, all in favor say aye.
Chair Bernstein, Board Member Wimmer, Board Member Makinen, Board Member Bunnenberg: Aye.
Chair Bernstein: Apposed? Ok, that passes unanimously by four members present. Thank you.
PASSED WITH A VOTE OF 4-0 WITH 3 ABSENT
Chair Bernstein: Michael, yes.
Subcommittee Items
Chair Bernstein: Next on our agenda is – any subcommittee items? None to report.
Board Member Questions, Comments and Announcements
Chair Bernstein: Board Member questions, comments, and announcements. Yes, Board Member Makinen.
Board Member Makinen: I’d like to report that I did attend the webinar yesterday, a Tale of Three Cities:
Case Examples and Preservation Management. I don’t know if anybody else attended it but there was a
considerable amount of discussion. The three Cities that were represented were Anaheim, Santa Ana, and
Orange. Probably the principle item of discussion that took maybe half the time there was the fact that
the Mills Act contracts and Anaheim has 341 contracts of the Mills Act. Sana Ana has 239 and Orange
229. What I take away – took from this is that this is a very effective incentive for historic preservation
and it clearly shows that Palo Alto is way behind the – way behind in initiating this action on Mills Act as
being a meaningful incentive. I think we really need to address the fact of why we aren’t involved with
Mills Act more aggressively. It really reflects poorly upon the City of Palo Alto.
Ms. French: Are you recommending that we agendize that for a future HRB meeting?
Board Member Makinen: Yes, I think we need to discuss this more seriously. I think it’s a – three other
major Cities are citing this as a major incentive to bolster their historic preservation program and I think
we have what, two Mills Act contracts?
Board Member Bunnenberg: We have one.
Ms. French: We have one and that one has requested to walk away from that contract. April 27th is our
next regular HRB meeting because the next meeting on April 6th is a joint meeting. If you would like, I
can – with the Board concurrence, I can put that on that agenda for discussion.
Board Member Makinen: It was apparent to me that we are clearly not consistent which is what is being
done in other major communities for incentives. We don’t have a lot of incentives as it is, so this is a
major tool we have to work with.
City of Palo Alto Page 28
Chair Bernstein: We’ll put that as – ok, the Board is agreeing to put that on the agenda, thank you.
Alright. Will staff be able to confirm that there will be a quorum of HRB Members at the April 6th joint
meeting…
Ms. French: Yes, there’s a quorum.
Chair Bernstein: … because if there is not a quorum then that joint meeting won’t happen.
Ms. French: There is a quorum.
Chair Bernstein: Ok, excellent. Wonderful. I think we are ready for adjournment and we are adjourned.
Thank you.
Adjournment