HomeMy WebLinkAbout1999-02-16 City CouncilCity
City of Palo Alto
Manager’s Rep
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:,
FEBRUARY 16, 1999 CMR:131:99
REVISED TIMETABLE FOR THE REVIEW, COMPLETION AND
ADOPTION OF THE PROPOSED PERMANENT HISTORIC
PRESERVATION ORDINANCE TO ALLOW FOR THE
RECIRCULATION OF THE DRAFT ENVIRONMENTAL IMPACT
REPORT AND SUBSEQUENT MODIFICATIONS; CONSIDERATION
OF A PROJECT DESCRIPTION FOR THE REVISED DRAFT
ENVIRONMENTAL IMPACT REPORT; AND PREPARATION OF
AN URGENCY ORDINANCE-MODIFYING THE INTERIM
REGULATIONS
REPORT IN BRIEF
On December 14, 1998, the City Council considered a staff recommendation for adopting
a new Permanent Historic Preservation Ordinance (PHPO). Staffwas directed to return to
Council under the previously established time line with a draft of a permanent Ordinance and
the associated Environmental Impact Report (ElR) for the PHPO project.
Subsequently, during the public review period iY0r the Draft Environmental Impact Report
(DEIR), a large volume of public comments were received that will require significant
revisions to the DEIK, and require reeireulation of the DE1R for public comment. Staff
expects the recireulation process to begin in April, with City Council public hearings on the
DEIR and the Draft PHPO beginning in June.
In this report, staff provides an analysis of the attached preliminary draft PHPO for the
purpose of Council endorsing the preliminary draft as the project description for the revised
DEIR. In addition, because the Interim Historic Regulations expire on March 31,. 1999, staff
s~eks direction on options that will ensure that important historic resources are not lost or
irreparably altered between March 31 and the adoption of the PHPO in June. Staff
recommends modifying the existing Interim Historic Regulations to apply only to the
approximately 830 properties being considered for regulation under the draft PHPO.
CMR:131:99 Page 1 ofll ,,
RECOMMENDATION
Staff recommends that the City Council:
Review and comment on the adequacy of the attached draft PHPO as the project
description for the reeirculated DE1R.
Direct staff to prepare an urgency Ordinance to be effective until the PHPO is
adopted, modifying the current Interim Regulations to reflect the following:
Regulation of properties potentially eligible for the National Register (287
properties), the City’s existing Historic Inventory (530 properties~ and
landmark properties which were identified as a part of the Interim Regulations
review process (13 properties).
Creation of transition regulations for those properties that are in the process of
review under the Interim Regulations as of March 31, 1999.
BACKGROUND
In December 1998, the City Council provided specific direction relating to the draft PHPO
to staffwhich is described in Attachment A. At that time, the Dames & Moore evaluation
of Study Priority 2 properties had not yet been completed, so there remained uncertainty as
to the number of properties potentially subject to regulation.
Public Outreach
Pursuant to the December 7, 1998 staffrecornmendation and subsequent Council direction,
staff worked to provide additional opportunities for public review and comment on the
proposed Historic Preservation Ordinance.
On December 15, 1998 a second round table meeting was hosted by the City. The same
group of interested community members that had previously attended the round table
meeting in November 1998 were invited to discuss the Council direction of December 14 and
the details of the proposed PHPO.
All of the individual property owners either on the existing Historic Inventory or identified
as being potentially eligible for the National Register were sent letters inviting them to a
public forum on January 23, 1999 to discuss the details of the proposed PHPO. Over 120
interested property owners and community representatives attended the event. Staff
presented the components of the proposed Ordinance to the group and answered questions
and responded to comments. The attendees werealso invited to participate in smaller group
sessions to provide specific feedback.
CMR:131:99 Page 2 of 11
The group notes from the December 14 roundtable meeting and the comments compiled by
staff at the January 23 small group forum are attached to this report (Attachment E).
Dames & Moore Final Report
The final report submitted by Dames & Moore on January 15, 1999 provides an assessment
of 3,200 properties based on criteria for both the National Register of Historic Places
(NRHP) and the California Register of Historic Resources (CRHR). The consultant’s report
summarizes the findings of the preliminary assessments and describes how the assessments
were conducted. Appendices A and B to the complete consultant report list each property
address and indicate whether the property is potentially eligible for the National Register or
the California Register, and under which of three edteda it is potentially eligible (Events,
Persons,. Design/Construction). The complete report was transmitted to Council under
separate cover and is available for public reviewat the Planning Division counter and at the
Palo Alto public libraries.
The results of the preliminary assessment are summarized in the following table.
TABLE 1: Preliminary Assessment of Study Priority 1 and 2 Properties
Study Priority 1
Properties
Study Priority 2
Properties
TOTAL
Potential
National
Register-Eligible
240
47
Potential
California
Register-Eligible
249
1,540
Not Eligible for
National or
California
Registers
45
1,066
1,789 1,111
TOTAL
543
2,675
3,218
These 287 properties (potential NRHP-eligible) are proposed to be subject to the proposed PHPO
as Resource List properties.
DISCUSSION
Draft Environmental Impact Report (DEIR)
Staff prepared and published the DEIR on December 31, 1998 and a "Notice of Completion"
was recorded which identified a 30-day review period from December 31, 1998 to
January 29, 1999. Specific notices and copies of the DEIR were forwarded to the State
Historic Office of Historic Preservation, adjacent local governments, Santa Clara County .and
numerous City organizations and members of the public. Upon completion of the public
CMR:131:99 Page 3 of 11
review of the DEIR, a total of twenty-two written responses totaling 189 pages were
received. The written comments were released on February 5, 1999.
Pursuant to CEQA, the City is required to evaluate the comments received and is required
to prepare written responses. A detailed analysia of the written comments is presently under
way and the fmdings will be addressed as a part of the EIR process. The City’s written
responses are required to describe the disposition of significant environmental issues raised.
If a limited number of responses are received, the lead agency’s typical response to
comments is a revision to the DEIR or a separate section in the final EIR. Where the
responses to comments are significant in volume or make important changes in the
information contained in the text of the DEI~ the lead agency may revise the DEIR and
recirculate it prior to certification. Given the content and volume of the comments received
and the new information contained within those comments, staff will recirculate the DEIR
prior to certification.
Staff will redraft the DEIR, initiate a new 30-day public review period, and evaluate and
respond to comments received on the recirculated DEIR. This will result in the first reading
¯ of the PHPO and certification of the Final EIR on June 7, 1999 and second/final reading of
the PHPO on June 21, 1999, with an effective date of the PHPO on July 22, 1999. Tile
additional 30-day public review period is anticipated to occur in the month of April.
Staff intends to review and incorporate comments and observations on environmental issues
received from the first DEIR into the recirculated DEIR. These comments will become a part
of the administrative record and will be addressed in the recirculated DEIR. However, new
comments on the recirculated DEIR may be submitted and staff will be required to respond
in written form.
Draft Permanent Historic Preservation Ordinance
The draft PHPO will be available for public review on February 12, 1999. A draft ordinance
Will be the "project" for the recirculated DEIR. Staff is asking for Council review of the
adequacy of the attached draft PHPO as the basis for environmental analysis in the
recirculated DEIR. Council review of the PHPO will assist staff in developing a reasonable
range of alternatives to evalua(e in the recirculated DEIR.
Releasing the draft PHPO at this time also allows for the opportunity of additional public
comment over the next 2 to 3 months. The need for this additional .time to review the PHPO
was mentioned on numerous occasions during the round table discussions as well as during
the public workshops. At the June 7, 1999.public hearing, the City Council will take
’ additional public comment and can consider adoption of or modification to the draft PHPO.
The draft contains the components of the decisi6n matrix previously reviewed and revised
by the City Council on December 14 as well as other elements resulting from previous
Council policy direction, State Historic Preservation Office (SHPO) review, public comment,
CMR:131:99 Page 4 of 11
Planning Commission and Historic Resources Board input and further staff research. A
summary of the key points of this drail follows:
Definitions (16.49.020):
Includes "major alteration", "minor alteration", "demolition", "contributing structure,"
"historic district," "heritage property," "Historic Register," and "Resource List." A
"major alteration" is defined as onethat alters the street-facing facade, removes more
than 20 per cent of exterior walls, proposes an addition or enlargement above the ground
floor, requires a variance or other development exception, or relates to construction,
relocation or demolition of an accessory structure. A "minor alteration" is def’med as an
alteration that is consistent with the Secretary of Interior’s standards and, therefore~ does
not have an adverse impact on the integrity of the historic resource. "Demolition" has
been defmed to mean the removal of 50 per cent or more of the exterior walls of a
structure. The new term "heritage property" is proposed to replace the previously used
"landmark" definition.
Duties and Powers of the Historic Resources Board (16.49.030 & 180):
These sections outline the duties and powers of the existing HRB as well as the new
procedures for HRB recommendations regarding major alterations to Register properties
and all demolition requests. -It includes membership and makeup of the board.
Creation of and designation to the Resource List and Historic Register (16.49.050, 060,
070, 080, 100, 110):
Includes procedures for addition thereto. These sections establish the components of the
Resource List and the Register as well as the criteria and procedures for future
designations. Initially the Resource List would contain all. of the Category 3 and 4
properties from the existing historic inventory, the 287 potential National Register
eligible properties identified through the Dames and Moore survey and the 13 landmarks
identified though the interim Historic Regulation process (approximately 530 total
properties). The Register would contain all of the Category 1 and 2 properties from the
existing historic inventory and the properties, located in the Professorville and Ramona
Street historic districts (approximately 300 total properties).
Criteria for the creation of historic districts (16.49.070). Please see the discussion under
the Remaining Issues section of this report.
Demolition or alteration of historic resources (16.49.130, 135, 140, 150, 155). These
sections outline the process for major alteration and demolition for properties on the
Resource and the Register.
CMR: 131:99 Page 5 of 11
Director of Planning and Community Environment’s decision-making authority
(16.49.190): This section establishes the Director of Planning and Community
Environment as the decision maker regarding the various staff and HRB-reviewed
applications under the new Ordinance.
Appeals process (16.49.200): Establishes process for appeals of the Director’s decisions
to the City Council.
Maintenance (16.49.240): Establishes minimum maintenance standards for all heritage
properties and contributing structures in historic districts.
In part of the PHPO, staff has also prepared a preliminary draft of a new PAMC Chapter
(18.18) containing the provisions for applying the development-related incentives. Since
these regulations relate to development of single family structures, this new section is
proposed to be in Title 18, the Zoning Ordinance. The draft of this new section is attached.
Under this chapter, Palo Alto Register properties could use incentives, including the 15 per
cent or 500-square-foot maximum floor area bonus. The use of incentives is subject to the
review of the HRB, which must find that the development project complies with the
Secretary of Interior’s Standards for Rehabilitation.
Remaining Issues
After the December Council meetings regarding.the Historic Preservation Ordinance, staff
identified several issues that remained or that required further study. The following
discussion provides a brief overview of these items, any new or additional information and
related staff recommendations.
1. Status of Properties Identified as Potentially Eligible for the California Register
As indicated above, Dames & Moore have identified approximately 1,800 properties as being
potentially eligible for the California Register. The Council direction from December 1998
was to identify the "most remarkable" of these properties for inclusion on the Resource List.
After further review and additional public comment, staff is proposing that no California
Register-eligible properties be included on the proposed Resource List.
Staff believes that further evaluation of California Register-eligible properties is not
warranted because identifying a small proportion of the potential California Register
properties that are the most important and significant would first require establishing
meaningful Criteria on which to make this selection, which would involve substantial
consultant resources and time to complete. In addition and perhaps most importantly, such
a process would extend a high level of uncertainly to all of the 1,800 properties potentially
eligible for the California Register while this evaluation took place.
CMR:131:99 Page 6 of 11
2. Demolition of Contributing Structures
Staff had previously proposed allowing demolition of contributing structures in historic
districts. Under this proposal, a demolition permit could be delayed for up to one year to
allow for an individual contributing property to evaluated as a potential heritage property.
After the one-year delay, demolition could not be denied; however, any replacement structure
for approved demolition requests would be required to undergo mandatory review by the
HRB with mandatory compliance.
Upon further review and additional public input, staff has concluded that allowing
demolitions of this kind might result in the incremental loss of a historic district.
Consequently, staffhas included in the draft PHPO regulations that require certain findings
be made for the demolition of contributing structures. Each of these proposed demolition
requests would ultimately be subject to review and action by the City Council to approve or
deny the demolition. The major criteria used in reviewing such requests would be the
potential impact of the loss of the contributing structure on the integrity of the historic district
as a whole.
3. Criteria and Procedure for Inclusion on the Palo Alto Register
Staff proposes that the Palo Alto Register initially consist of properties, classified as
Category 1 or Category 2 on the Palo Alto Historic Inventory, Professorville Historic
District, and Ramona Street Historic District. Any additions would require a resolution of
the City Council.
It is expected that new additions to the Register will come from the Resource List. These
properties could be nominated by a property owne.r, the Director of Plauning and Community
Environment, the HRB or any other individual or group. To be added to the Resources List,
a property must be found by the Director to be of potential "National Register" quality.
The PHPO provides that other historic properties, not included on the Resource List, may be
nominated directly to the Register by the property owner if they meet California Register
standards. In both cases and pursuant to Council direction, the draft PHPO also contains
language that reserves the right of the City Council to consider for nomination and ultimately
designate to the Palo Alto Register any historic resource that the Council determines to be
especially important to the City.
4. Regulations for New Historic Districts
Staffhas also included in the draft PHPO criteria that would be used in the creation of new
historic districts. These criteria are contained in Section 16.49.070 of the draft PHPO,
Attachment B. In addition, staffwill develop implementation guidelines for historic districts
CMR:131:99 Page 7 of 11
that will address the minimum percentage of contributing structures (at least 70 to 75 per
ten0 necessary to establish a district as well as the majority of property owners
(approximately 60 per cent or greater) needed to be in support of such a district proposal.
If the majority of Pr0Perty owners formally object, the district would not be established.
5. Major Alteration and Demolition of Properties on the Resource List
Under the staff proposal reviewed by Council in December 1998, major alterations to
properties on the Resource List would be subject to staff review for consistency with the
Secretary of the Interior’s Standards for Rehabilitation. Abiding by staff’s findings ..would
be voluntary for major alteration of Resource List properties. If the proposed major
alteration did not meet the Secretary of Interior’s Standards and would likely result in a
significant adverse change to the historic resource, the building permit could be delayed to
evaluatethe property as a potential heritage property for the purpose of placing it on the Palo
Alto Register. In response to public comment, staff has also included provisions in the
PHPO allowing applicants for major alterations of Resource List properties to have the
option of bypassing or supplementing staff’s review and recommendations by seeking
additional advice and comment directly ~om the HRB.
In December, staff suggested that demolition requests for Resource List properties should
be handled at staff level only. Staff now recommends that all proposed demolitions to
Resource List properties be referred to the Historic Resources Board for review and
recommendation to the Director of Planning and Community Environment as to whether the
property should be nominated for the Palo Alto Register. City Council review and approval
would be required to place any such property on the Palo Alto Register.
Temporary Historic Preservation Regulations
On March 31, 1999, the Interim Regulations will expire.
resources are protected, the following options are available:
To insure the City’s historic
Option
#
2
Options available
Extend the current Interim Regulations until the PHPO is adopted. This
includes all pre-1940 residences or approximately 4,400 residences.
Modify the current Interim Regulations to include properties potentially
eligible for the National Register (287 properties), the existing City Historic
Inventory (530 properties) and the 13 Landmark properties identified as a
part of the Interim Regulations review process.
Operate under the old Historic Preservation Ordinance.
CMR: 131:99 Page 8 of 11
Option number 1: Extend the current Interim Regulations.~ This option would extend the
Interim Regulations until such time the proposed PHPO is adopted and the minimum 30-day
effective time frame is completed. A concern about this approach is the continued
applicability of the Regulations to the pre-1940 residences, approximately 4,400 properties.
When the Interim Regulations were adopted and implemented, the inventory identifying the
potentially significant historic resources within the City was not completed. With the
completion of the Dames & Moore assessment, the historic resources worthy of protection
by the City has been identified.
Option number 2: Modify the current Interim Regulations. This option is the staff’-
recommended option. With the completion of the Dames & Moore Study, staffrecommends
the Interim Regulations be revised to be applicable to those properties proposed to be
regulated by the PHPO. This would include properties potentially eligible for the National
Register (287 properties), the existing City Historic Inventory (500 properties) and the 13
landmark properties identified as a part of the Interim Regulations review process. These
modifications would require minimal smfftime to complete. The project review processes,
review of applications and review time frames are already in place and would not require
substantial modification. This option would also require the creation of transition regulations
for those properties that have applied for permits or are in the process of securing permits
under the present Interim Regulations.
Option number 3: Operate under the current Historic Preservation Ordinance. This option
allows the Interim Regulations toexpire and allows the existing 1979 Historic Preservation
Ordinance to remain in effect until such time the proposed PHPO is adopted. In general, the
existing Historic Regulations provide little or no protection for identified historic resources,
requiring only demolition delays and voluntary compliance with HRB recommendations
relating to major alterations.
RESOURCE IMPACTS
Providing direction as requested in the staffrecommendation will not incur any impacts to
City resources not already allocated to the PHPO project. The eventual implementation of
the proposed PHPO will require additional staffing and expenses that will be assessed in
subsequent reports to the City Council.
POLICY IMPLICATIONS
The preliminary draft PHPO is consistent with all applicable Comprehensive Plan Goals and
Policies, including Goal L-7, Policies L-52, L-53, L-55 through L-60 and Programs L-61
through L-69 of the Land Use and Community Design Element.
As discussed earlier in this report, staff is recommending that the draft Environmental
Impact Report be revised and recirculated. This recirculation will begin during the month of
CMR: 131:99 Page 9 of 11
April. The City Council hearing to consider the final EIR and for the first reading of the
PHPO is scheduled for June 7 followed by second reading on July 21. The PHPO would be
in effect on July 21, 1999.
ENVIRONMENTAL REVIEW
City Council direction regarding the application of temporary historic regulations and the
proposed project description of the revised draft EIR is not a project under the California
Environmental Quality Act.
ATTACHMENTS
Attachment A: Summary of City Council direction from December 14, 1998
Attachment B: Draft Permanent Historic Preservation Ordinance and draft Ordinance
Relating to Historic Preservation Incentives
Attachment C: Summary of Survey of Other Cities with Historic Preservation Programs
Attachment D: Incentives List
Attachment E: Public comments from December 15 roundtable and January 23 public forum
.PREPARED BY:Ed Gawf, Director of Planning and Community Environment
Eric Riel, Chief Planning Official
George White, Planning Manager
Virginia Warheit, Senior Planner
Director of Planning and Community Environment
PROJECT COORDINATOR..~-~~. ~ .~~
EMILY~RRISON
Assistant City Manager
CITY MANAGER APPROVAL:
CMR: 131:99 Page 10 of 11
Architectural Review Board
Historic Resources Board
Planning Commission
Palo Alto/Stanford Heritage
Palo Alto Historical Association
Palo Alto Chamber of Commerce
Palo Alto Board of Realtors
Palo Alto Unified School District
Barton Park Association
College Terrace Residents Association
Crescent Park Neighborhood Association
Community Center Neighbors Association
Downtown North Neighborhood Association
Midtown Residents Association
Palo Verde Neighborhood Association
Ramona Homeowners Association
University Park Association
University South Neighborhoods Group
Ventura Neighborhood Association
John Paul Hanna
Palo Alto Homeowners Association
George Zimmerman
Architectural Resources Group
Origins Design Network
Carroll Harrington
Norman Beamer
Monica Yeung-Amariko
Members, Historic Preservation Advisory Board
CMR: 131:99 Page 11 of 11
Attachment A
PRELIMINARY COUNCIL DIRECTIVES: DECEMBER 14, 1998
RESOURCE LIST
The Resource List should include:
Category 3 & 4 properties on the existing Inventory
Properties found by Dames and Moore to be potentially eligible for the National
Register
The "most remarkable" of the properties found by Dames and Moore to be
potentially eligible for the California Register
There should be no design review for the structures that replace properties on the
Resource List that are demolished
There should be mandatory design review for major alteration of properties on the
Resource List
This design review should be conducted by staff
Compliance with staff’s design review recommendations should be voluntary
For major alterations that change the historic character of the property, there may be a six
month delay to be used to evaluate the property for placement on the Register
REGISTER
o Consent should not be required to place a property on the Register
¯There should beonly one category of properties on the Register, called something other
than Landmark
In Historic Districts, "Contributing Resources" should be treated differently than
"Landmarks" in accordance with staff’s December 7 recommendations (i.e. contributing
structures can be demolished after a one year waiting period, etc.)
EXISTING INVENTORY
Category 3 & 4 properties on the existing Inventory should be placed on the Resource
List; where there is owner consent, an expedited process should be used to place these
properties on the Register; where there is not owner consent, the process for designation
onto the Register should be the same as for other properties on the Resource List
Attachment B
TABLE OF CONTENTS
CHAPTER 16.49
16.49.010
16.49.020
(b)
(e)
(g)
(h)
(j)
(k)(1)
(n)
(o)(p)
(r)
16.49.090
Purpose ..................1
Definitions.
"Alteration"
"Demolition"
"Department"
"Director"
"Heritage
"Historic Districl
"Historic Distric
"Historic
o ¯. ¯¯¯¯¯¯¯
"Historic
"Historic Resourc
"Major
"Majority of
"Minor Alt~
"Palo Alto
Registel
"Resour,
"Secre
ical
rce"
3
’ 4
or "Palo Alto
~r’s Standards for
Code" ......5
itoric s Board ..........6
~Igati~h of Written Historic Preservation
Authorized ........... 8
P|Register .............9
si. .ation Criteria for Heritage Properties.
gnation Criteria for Historic Districts.
Designation Procedures for Heritage Properties.
II
Designation Procedures for Historic Districts.
12
Rescission of Designation ........13
16.49.100 Use of Palo Alto Register ........13
16.49.110 Resource List ..............14
16.49.120 Compliance with Chapter Required .....15
16.49.130 Alteration of Heritage Properties ....15
16.49.135 Finding Required for Approval of Alter
ations of’Heritage Propertie~. . . 16
16.49.140 Demolition of Herita ~. . . ~’ 17
16.49. 150 Major Alteration
16.49.155 Demolition of Re st Pro 19
16.49.160
16.49.165
Major Alterations
Historic District,
Demolition and
Resources in
Resources in
....... 19
Di~ .....19
16.49.170 Major of Non-contrib
uting Districts. .20
16.49.180 Hist Decision Making.
21
16.49.190 Making ........22
¯20(~’ ~~ ....22¯¯o o o o o o o ¯¯
I(by Natural Disaster ........22
~,~el: ’Review ............23
16.49.24~intenance of Properties on the Palo Alto~~!4’ ~4Regis t er
16.49.2
49.270
Enforcement ......... ¯ ......
Integration with Other Provisions ....
Severability ...............
23
24
25
25
CHAPTER 18.18
18.18.010
18.18.020
i8.18.030
18.18.040
18.18.050
18.18.060
18.18.070
18.18.080
Specific Purposes ............
Applicability of Regulations .......
Consistency with Secretary of
Standards Required ........
Increased Floor Area Ratio.
Exclusion of
Ratio
Exclusion of Att~
Calculations. . .!
Historic Home
Relocation of $I
25
Interior’s
26
26
Floor
,Exceptions. . o 26
ProperLy.
28
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING IN FULL CHAPTER 16.49 OF THE PALO ALTO
MUNICIPAL CODE (HISTORIC PRESERVATION ORDINANCE)
AND ADDING CHAPTER 18.18 (SPECIAL STANDARDS FOR
SINGLE-FAMILY AND TWO-FAMILY USES ON THE PALO ALTO
HISTORIC REGISTER)
The Council of the City of Palo Alto does ORDAIN
SECTION I. The Council finds and
A. The historic preservation
Palo Alto (Chapter 16.49 of the Palo
been updated since 1986.
~follows:
~he City
has
B. In 1996 the City Council
preservation ordinance be prepared in
survey of potential historic resources
that a ~oric
with a] ~ensive
C. On October 26,1996,
Ordinance No. 4381, adding
Ordinance) to the Municipal Co~
historic preservation
Ordinance No. 4381, as amende
4491, expired on March 31 9.
16
adopted
Historic
.s until a new
~d and adopted.
~l, 4414, 4444, and
D. This ordin.
Chapter 18.18 has been
Resources Board, and
and was the ect publ
1999
Lnce
health
Section
16.49 and adding
lonsideredby the Historic
on
before the City Council on
is adopted to promote the public
furthering the purposes set forth in
is
16.49 of the Palo Alto Municipal Code
in its entirety to read as follows:
CHAPTER 16.49
HISTORIC PRESERVATION
~..~ognition,protection enhancement and of~~, ~
,,u s e
his~or~cally significant resources located within the city are of
great cultural, aesthetic, and economic benefit to the co,unity.
To realize these benefits and to implement the City’s Comprehensive
Plan goals, the purposes of this Chapter are to:
(a) Identify those structures, districts and other
historic resources that contribute to the heritage of Palo Alto;
990212 la~ 0090111 1 Draft
(b) Safeguard the heritage of the city by preserving
improvements and natural features that reflect significant elements
of the city’s cultural history;
(c) Encourage public understanding of and involvement in
the unique architectural and environmental heritage of the city;
(d) Strengthen civic pride in the beauty and notable
accomplishments of the past;
resources as present-day
historic significance;
Local
(k) ~ecl in a manner consistent
!ral C~
~ ap~ ~ble goals, policies,
and
[ii y’s responsibilities as a Certified
~r ~ral preservation laws.
and programs
fol
Cod
16.49.02
words
~i, shall
Throughout this Chapter, the
phrases, whether used in the singular or
meanings set forth in this Section:
Dn% means any change or modification to the
, site, structure, or object which requires
this Title or Title 18 (Zoning Ordinance) of this
permit for an alteration in the public
under Title 12 (Public Works and Utilities) of this
Alteration does not include ordinary maintenance or repair
as provided in Section 16.49.130 of this Chapter, nor does it
include landscape maintenance. For all properties other than
single-family and two-family properties, alteration shall include
changes in paint color of buildings or structures and modification
or removal of site features such as grading, paving, signs, light
990212 la~ 0090111 2 Draf[
fixtures, street furniture, walls, fences, gate, steps, and cutting
or removal of trees, hedges, and other landscape features.
(b) ~Demolition" means the removal of fifty percent (50%)
or more of the exterior walls of a. building or structure.
Demolition includes the relocation of a building from one parcel of
land to another. Demolition does not include either i)the removal
and replac#ment in kind of deteriorated, non-repairable materials
required for the restoration and rehabilitation of the resource and
resulting in no change to its exterior appearance o
character, or ii) removal of non-historic ~dditions
that may exist on a Historic Resource.
(c) "Department" means the
Community Environment.
.anning
~(d) "Director" means the
Community:_~nvironment or his or her
(e) ~Heritage Property" means
City has designated for inclusion in
individual property.I It does not
Heritage Property designation has
16.49.090 of this~Chapter.
re
ic Resource that’the
Register as an
for which the
under Section
(f) "Historic
containing a significant
unified historically,
has designated as a Hisl
(g) "His~
building; site,
H:
cultur~
cons
geographical area
Resources
urally that the City
Resource" means a
the boundaries of a
historic, architectural,
for which the district is
(
a building
Historic
sign
Non-contributing Resource" means
or object within’the boundaries of a
not add to the historic, architectural,
ical values for which the district is
the resource:
includes (i) all properties that were identified
2 ~significant buildings" under Chapter 16.49
i, 1996 and which are not located in a Historic
=It includes the Professorville Historic District and the
Ramona Street Historic District.
3It includes all properties in the Ramona Street Historic
District and those properties within. Professorville Historic
District that were constructed prior to 1938.
990212 la~ 0090111 3 Draft
(I) Was not present during the period(s) of the
district’s historic significance; or
(2) No longer possesses historic integrity due to
alterations, disturbances, additions, or other changes; and
(3) Is not included in the Palo Alto Register as a
Heritage Property independent of its location in the Historic
District.4
(i) ~Historic Integrity" means the abil
to convey its historical significance.
(j) "Historic Resource" means
structure, natural feature, district,
importance.
act
resource
(k) ~Major Alteration" me
Resource that includes one or more of
the Director determines that propo~
Alteration.s
o~.oric
.owing unless
ration is a Minor
(i) Alteration of reet
(2) Removal of
the exterior walls;
cent (20%) of
(3) Additi< oi
the ground floor;
of a structure above
than a Home
initia
(4)d
type
or exception, other
zoning or other City codes;
~tion, or demolition of an
requires a building permit for
structur
within a site of a principal
(1)
all~one
dis~ict.Provi
intec
~ss parcel
area
Property Owners" shall be determined by
each developed parcel within the proposed
if adjacent assessor’s parcels are developed
, by, for example, construction of buildings
or within what would otherwise be a required
adjacent parcels shall be treated as a single
4Non-contributing Resources include "all structures in the
Professorville Historic District built after 1937 unless they are
independently designated as Heritage Properties.
SThat is, consistent with. the Secretary of the Interior’s
Standards for Rehabilitation.
990212 lac 0090111 4 Draft
(m) ~Minor Alteration" means an alteration of a Historic
Resource which the Director determines is consistent with the
Secretary of the Interior’s Standards for Rehabilitation and
therefore does not have an adverse impact on the historicintegrity
of the Historic Resource. There is a rebuttable presumption that
an alteration of a single-family or two-family resource is minor
if:
(1)It does not alter a street-facing facade;
(2) It does not remove more
(20%) of the exterior walls;
(3) It does not add
above the ground floor;
percent
(4)It does not requi
(5) It does not
accessory structure of the.type that
initial construction, and
(6) It does not
locate, or .ish an
,building permit for
a structure.
(n) "Palo Alto Histor~
means the list of officiall"
Historic Districts for the
or Alto Register"
Properties and
(o) ~Resource
which may upon further
dures set forth in thi
Alto Register.6
ofHistoric Resources
the criteria and proce-
for inclusion on the Palo
of
Building
Regulation
Guidelin
amende lme.
Interior’s Standards for
~ary of the United States Department
~rds for Rehabilitation of Historic
onal Park Service (36 Code of Federal
with the accompanying interpretive
Historic Buildings, as they may be
(q)~St
Ca Healtl
Building Code" means Part 2.7 of the
Safety Code, commencing with Section 18950,
promulgated thereunder, as they may be amended
(Cal. Code Regs., tit. 24, Part 8).
includes all resources not located within a
Historic District which were (i) identified as Category 3 or 4
properties under Chapter 16.49 before December I, 1996; (ii)
identified as "landmarks" under former Chapter 16.50 before
March 31, 1999; and (iii) identified as potentially eligible for
inclusion in the National Register in the Dames and Moore report
dated .January 22, 1999.
990212 lac 0090111 5 Draft
(r) ~Street-facing facade" means-any exterior wall of a
structure which faces a public street, not including an alley, and
the portion of the attached exterior walls and roof within fifteen
(15) feet of the street-facing side of the structure. All
structures, other than accessory structures, shall be treated as
having at least one street-facing facade.
16.49.030 Historic Resources Board. There shall be a
historic resources board appointed by the city council and serving
without pay.
(a) Membership. The historic
composed of seven (7) members who shall
in and knowledge of historic ~
knowledge may be demonstrated by
architectural history, archeology,
or other historic-preservation rel~
shall have special interest,
preservation-related fields. In maki~
will seek to find members who rep~
disciplines. Three (3) of the me
landscape architects, building
sionals. One (I) member shall
structure on the Palo Alto Regi~
(b) Terms of Office
three years and until
Terms shall be staggered s~
year, and four ~
office commence June 1
re
shall be
interest
iterest
~lence
h:
ines.
or exp
,intments, t
diverse
1
in
~ouncil
range of
be architects,
design profes-
of a
for terms of
are appointed.
are refilled one
years later. Terms of
(c)
followe the cil
resour,:~
vacancy
advertise
city, i~
weeks.
in
procedures shall be
vacancies on the historic
’.ng notification of vacancy or pending
~ources board, the city clerk shall
of general circulation.in the
agenda digest, four times within two
a
(2)nominations and applications shall be
to ~ clerk within such two week period, to be
to the ity council for its consideration. Notwithstand-
foregoJ if the nomination or application of an incumbent
~rlc re~ board member is not submitted to the city clerk
iriod specified above, said period shall be extended
five days during which the city clerk shall
~hten nominations and applications of non-incumbents.
(3) The Palo Alto Historical Association andPaloAlto Stanford Heritage and other interested groups shall be given
notice of vacancies on the historic resources board and shall be
encouraged to have their members submit applications.
990212 iac 0090111 6 Draft
(4) The city council shall-review all nominations
and applications, and conduct such interviews as it deems necessary
prior to selection.
(5) Final selection and appointment shall be made
by the city council at a regular city council meeting after the
period for submittal of nominations and applications has expired.
(d) Organization.
regular meetings twice monthly and shall establish a
and place for such meetings. Special meetings
chairperson or by a majority of the historic r~
accordance with the provisions 6f the
historic resources board may adopt such
and necessary for the orderly conduct Lts but
of each year the historic resources bo~
and a vice chairperson from its membe~shall
capacity for terms of one year each.
over meetings of the historic
or disability of the chairperson,
perform the duties of the
The historic resources board.shall hold
time
by the
board, in
Act. The
Lch
s side
and in t Osence
chairperson shall
Four members shall constitut
historic resources board~shall
those members present at the me,
~historic resources board.
~ of the
ority vote of
1 be kept by the
(e)Duties.It
board to:
historic resources
(~.)
Historic Resources
the designation of
Palo Alto Register;
Director the designation of
on the Resource List;
on applics
Alto
and make recommendations to council
of resources included on the Palo
(4
Alt to
the Director on applications for Major
les included on the Palo Alto Register;
b
(5 When an application for Demolition of a
on List is filed, advise the Director whether
)ropert be referred to the council for possible
a Heritage Property and, in cases where such
to advise the council whether the property should
.ed as a Heritage Property;
(6) When an application for a Major Alteration to
a property on the Resource List is filed, and the applicant elects
to carry out the Major Alteration in a way that the Director has
determined to be inconsistent with the Secretary of the Interior’s
Standards for Rehabilitation, advise the Director whether the
property should be referred to the council for possible designation
990212 iac 0090111 7 Draft
as a Heritage Property, and in cases where such referral.is made,
advise the council whether the property should be designated as a
Heritage Property.
(7) Advise the Director on the compatibility of
Major Alterations to, or replacement structures for, Historic
District Non-contributing Resources;
(8) Advise the Director on applications for
Histori6 Home Improvement Exceptions under the pro in
Chapter 18.18 of the Palo AltoMunicipal Code;~
(9) Upon request of
officials, make recommendations regardi
out within or by the City which could
Resources.
other "City
be
(i0) Review and
preservation tax incentives.
.oric
(ii) Review and
impact reports and. proposed neg
historic resources.
environmental
zions involving
(12) Advise
appropriate to further the
Comprehensive Plan policies
( 13 ) Part
public and property
requirements of this
heritage to the col
actions deemed
Chapter and the
preservation°
Cit fforts to educate the
Palo Alto Register, the
~ of PalQ Alto’s
economic well-being of the
in
respect
Historic R~
information as appropriate
accuracy of the City’s records with
ister, the Resource List, and other
discl
his
issues
resourc
an annual retreat as an open meeting to
to the business and procedures of the
[rd.
~ated
(i.Perform such other functions as may be
to time by the city council.
Promulgation of Written Historic Preservation
sd. The Director is authorized to promulgatetoric guidelines and code interpretations to facilitate
impl on of this chapter. The guidelines and code interpre-
tations may include additional standards, timelines for decision
making, and interpretive guides. The guidelines and code interpre-
tations shall be published and made available to the public. The
historic resources board shall review, and make recommendations to
the Director on, proposed guidelines and code interpretations
before publication.
990212 la~ 0090111 8 DraI~
16.49.050 Palo Alto Register.
The Director shall maintain and make available for public
review the Palo Alto Register. The Palo Alto Register shall
comprise those Historic Resources:
(i) Which were identified as Category 1 or 2
"significant buildings" under Chapter 16.49 prior to December I,
1996, which are hereby designated as Heritage Properties;
(ii) Those additional Historic Re~
as Heritage Properties by resolution of the
to Section 16.49.080;
.i pursuant
(iii) The Professorvil
Districts as described in Exhibits A B;
Hist~
(iv) Those additional
by resolution of the city council
When the designation of a Historic Re
is rescinded by the city council
shall be removed from the Palo
District~
Section I 085.
Heritage Property
16.49. 090 it
16.49.060 Designation
(a) If a property
Resource as a Heritage
request if, in the
(1)
in the California
Public ~ources
of
Properties.
of a Historic
shall grant the
~cil:
ihe criteria for inclusion
i Resources as set forth in
ship,
1c
possesses integrity of those
its historic significanc~, taking into
In, setting, materials, workman-
other relevant factors; and
as a
.es of the
council finds that designation of the
Property will meet the intent of the
Plan.
A ic Re
~erty by
submitted for. designation as a Heritage
shall be presumed to meet these criteria
evidence to the contrary is received.
If a Historic Resource comes before the city council
~ation as a Heritage Property upon the council’s own
motibn, or after listing on the Resource List, the city council
shall designate the property as Heritage Property if:
(I) After considering National Register Bulletin
15: How to Apply the National Register Criteria for Evaluation, as
it may be amended from time to time, it is the opinion of the city
council that:
990212 lao 00901 II 9
i. The resource is associated with events
that have made a significant contribution to the broad patterns of
history; or
ii. The resource is associated with the lives
of persons significant in the past; or
iii. The resource embodies the distinctive
characteristics of a type, period, or method of construction, or
represents the work of a master, or possesses high values;
or
iv. The resource ha
yield, information important in ~
is likely to
or
v. The resource
the criteria for inclusion on the
Places, does meet the criteria for
Register of Historical Resources and S
Alto Register because a) it has excep
history, or b) it has exceptional local
identity of the architect or bui
resources in the area, the level of
lar sensitivity of its location
istel
on th~
included Palo
in local
because of the
ity of similar
the particu-
(2) The
features necessary to conve’
consideration its
ship, feeling, associati
(3)
Resource as a
the
of those
icance, taking into
materials, workman-
re factors; and
that designation of the
meet the intent of the
~riteria for Historic Districts.
criteria
Council:
District must meet the following
to the Palo Alto Register by the City
tio
oh
d
(a) A
i inkage,
united
or
erties whi,
area possessing a significant concentra-
y of sites, buildings, structures, or
ly or aesthetically by plan or physical
noncontiguous grouping of thematically related
contribute to each other, and
to the history of the City, state, or
, architectural, archaeological, engineering,
values, and
(c) A majority of the property owners within the proposed
Historic District have not objected to formation of the Historic
District.
990212 la¢ 00901 ll 10 DraR
16.49.080 Designation Procedures for Heritage Properties.
(a) Any property owner, the Director, city council or the
historic resources board, may apply for designation of a Resource
List property as a Heritage Property. In addition, a property
owner, or the city council by motion, may apply for designation of
any other Historic Resource as a Heritage Property. Any such
application shall be reviewed by the historic resources board,
which will make its recommendation to the council,
determined by the Director that the application
processed becaise a similar application has b~
denied within the past two years or because it
from the application that the
supported. Designation must be
resolution.
unless it is
not be
.ewed and
determined
n cannot be
council
(b) Any application for des
the department in the form and speci
(c) Each proposal ~s~all be
resources board at a public hearing
(45) days of date when the Director
designation to be complete. The
time to time as it deems
Direc
by the historic
within for~y-five
application for
hearing from
(d) Notice of the t
shall be given at least t
hearing by publication, at
circulation, and by fi~
owner(s) of the
within three hundred f~
which is the subjec the
on the last equal~
the
exte~
~e of the hearing
the date of the
of general
~he applicant, to the
of record of property
boundary of the :property
as such owners are shown
criter
council .di~
resource
criter
cont~is rec~
est hea
resources board shall, based upon the
16.49.060 recommend to the city
or modification of an application for
the owner for designation of a
Dperty shall be presumed to meet the
.49.060 unless substantial evidence to the
applications shall be given priority in
(f)receipt of. the recommendation, of the
resou~board, the city council shall conduct a public
~ng on )lication, which shall be noticed in the manner
~d~d ÷fo~i~!~h~ historic resources board hearing The cit
c~:~!:’~,m~y, approve, d~sapprove or modlfy a recommendation for
es~%~ibn. A decmsmon to desmgnate a Hmstormc Resource shall be
made~~ resolution.
(g) No building, demolition, o~ other City permit
affecting a proposed Heritage Property shall be issued while the
application for designation is pending. Exceptions may be
considered and approved by the Director when the work covered by
the permit is deemed necessary:
990212 iao 0090111 11 Draft
(I) To shore, support, brace; or otherwise
stabilize a structure or property which is structurally unsafe and
poses a hazard to occupants, the adjoining property, or the public;
or
(2) To protect the structure or property from
damage or deterioration which could adversely affect its historic
significance and integrity.
(h) After council approval of a resolution
Historic Resource or Resources as a Heritage
clerk shall, within ten (i0) days:
(I) Send to the owners
nated, by first class mail, notice of t
this Chapter; and
a
city
a copy
(2) Record a
the office of the county recorder.
(i) After council approval
a Heritage Property, ~the Director
designated to the Palo Alto Regis
building official and chief
and
~icia[
the de~in
~ion designating a
he resource so
~ify the ~chief
16.49.085 Designat:iistoric DistrictS.
(a) Any individua3
a property owner, the
resources board, may
as a Historic District
the historic
the couneil ~unle
applic
has
it ca]
designat k
the city c r~
IS
the
but not limited to
city ’i or the historic
ignal of a Historic Resource
shall be reviewed by
make its recommendation to
d by the Director that the
because a similar application
.n the past two years or because
application that the proposed
Designation must be approved by
the
bui within
a Contr.
C
Lc. ion for designation shall be filed with
~form and specified by-the Director. Each
Historic District must be identified as
Resource or Non-Contributing Resource.
E proposal shall be considered by the historic
at a public hearing scheduled within sixty (60)
when the Director has found the application for
be-complete. The historic resources board may
hearing from time to time as it deems appropriate.
(d) Notice of the time, place and purpose of the hearing
shall be given at least twelve- days prior to the date of the
hearing by publication at least once in a newspaper of general
circulation, and by first class mail to the applicant, to the
owners of the properties proposed for inclusion, and tO the owners
of record of property within three hundred feet of the exterior
boundary of the proposed district, as such owners are shown on the
last equalized assessment roll.
(e) The historic resources board shall, based upon the
criteria set forth in Section 16.49.070, recommend to the city
council approval, disapproval or modification of an application for
designation.
(f)
historic resources board, the city council shall
hearing on the application, which shall be noti~
provided for the historic resources board he
council may approve, disapprove or
designation. A decision to
District shall be made by resoluti and
identification of each property as a
contributing Resource.
Following receipt of the recommendation of the
public
manner
The city
~ndation- for
~a Histori
~lude
(g) After council approval o
Historic Resource or Resources as a
clerk shall, within ten (i0) days:
olution des Lting a
District the city
(I) Send to the
nated, by first class mail, notic
this Chapter; and
of
desi
~rty so desig-
and a copy of
(2) Record
the office of the county
(h) After
Historic District, the
Alto Register and
chief of J
not~
of
the designation in
resolution designating a
the District to the Palo
building official and
resc°
District
as a Non-,
Propert
meets
of a
as forth
Co Re
P in rel
to prop~
.of the
Designation. The Council may
any Heritage Property, or Historic
District Contributing Resource
upon finding that the Heritage
Resource in question no longer
’gnation. The procedure for rescission
the same. as for the initial designation,
.on 16.49.080 for Heritage Properties and
or 16.49.085 for .Historic Districts.
a Contributing Resource, notice shall be
:les within the Historic District and within 300
proposed for reclassification.
O
app
.i00 Use of Palo Alto Register. In addition to use
~io Alto Register (~Register") for the purposes of
:ion of this Chapter, the Register shall be used as follows:
(a) Resources on the Register, with the exception of
Historic District Non-contributing Resources, shall be deemed to be
~qualified properties" for the purpose of application of the State
Historical Building Code and Section 16.04.310 of this Code.
990212 lac 0090111 13 Draf~
(b) The Register shall be deemed to be the local register
of historic resources for the purpose of application of Public
Resources Code section 5028 concerning natural disasters, and
Public Resources Code section 21084.1 concerning environmental
assessment of substantial adverse change in the significance of
Historic Resources. The fact that a resource is not included on
the Register shall not preclude the City from determining whether
the resource may be a Historic Resource for purposes of the
California Environmental Quality Act (Public Resources Code section
21000, et seq.)
(c) The Register shall be deemed to be
of historic places in a city with a
preservation program within the me
Regulations 59.1 as it pertains to
repair or rehabilitation of historic
national floodinsurance program.
inventory
.ed historic
of Federa
16.49.110 Resource List.
(a) The Director shall est~
potential historical resources,
inclusion on the Palo Alto gist~
following:
The
a list of
qualify for
include the
(i) Re,
Category 3 or 4 ~con~
Palo Alto Municipal Code
not located within a His
(2)
former Chapter 16.5
for
Dames
office
r be
identified as
16.49 of the
, 1999 and which are
identi as ~landmarks" under
99;
ified as potentially eligible
gister of Historic Places in the
d January 22, 1999 and on file in the
identi
the of c
arc], as po
under
s be added t
to the
comparable resources subsequently
ctor or by the historic resources board, on
evidence from a qualified historian or
lly eligible for inclusion in the Palo Alto
of Section 16.49.060 (c). No resource
~he resource list without prior written notifica-
owner as shown on the most recent assessor’s
The Director shall remove from the list any resource
~termined by the director, after review and recommenda-tio the historic resources board, to have no potential for
future inclusion on the Palo Alto Register, and any resources which
are in fact included in the Palo Alto Register.
(c) The Director and other City officials shall consult
this list when conducting environmental analyses of public and
990212 ia¢ 0090111 14 Dra~
private projects pursuant to the California Environmental Quality
Act.
(d) Resources on the Resource List shall be deemed to be
"qualified properties" for the purpose of application of the State
Historical Building Code and Section 16.04.310 of this Code.
16.49.120 Compliance with Chapter Required.
It shall be unlawful for any person--to tear down
construct, alter, remove, or relocate any
resource which is on the Resource List or P
except as permitted in this Chapter,
the requirements of this Chapter, any
code interpretations adopted pursuant t
approvals granted pursuant to this Ch~
ish,
or other
Register
iance.’with
lons
and
16.49.130 Alteration of H~
(a) No person shall demolish
or cause or permit such demolition o
shall any permit for such work be i
alteration has been approved by t
chapter.
ty i:
a Heritage Property,
n to be done, nor
~e demolition or
~nce with this
(b) No city permit
respect to a Major Alterat
permits are in complianc
other requirements dete]
historic resources
with the Secretary ¢ Int~
of
Di~
nece~
beissued with
9erty unless suc~
Ltions, conditions or
after r~view by the
to assure consistency
~ndards for Rehabilitation~
sha
There
shall in in
.eration of a Heritage Property
aform provided by the Director.
under this Chapter. Applications
specified by the Director.
~0) working days of determining that an
appli,e, the Director shall i) determine if the
as maintenance or repair exempt from
>ter, a Major Alteration, a Minor Alteration,
and ii) send notice to the applicant of the
If the Director determines that the proposed
Demolition, it shall be reviewed as provided in
Within ten (I0) days after notice is sent, the
request historic resources board review of the
determination to the historic resources board. If the
r does not alter the decision after historic resources board
review, there shall be no further appeal.
(e) Maintenance and repair exempt from review under this
chapter includes i) any modifications to the interior of a
building; and ii) any maintenance or repair of exterior features
99o2,2 ~a~ 0090, n 15 Draft
that does nor require a building permit anddoes not involve change
in design, material, color or exterior appearance. For single-
family and two-family properties, maintenance exempt from review
includes the repainting of previously painted surfaces, regardless
of color.
(f) If, due to the unique or unusual nature of the work
proposed, the Director determines that it is necessary to use the
advice of an expert consultant, such as an engineer, arc .tectural
historian or preservation architect, in order to
application, the applicant shall be given the o
an expert satisfactory to the Director
utilize the services of an expert con
necessary to evaluate an applicatiol at th
applicant if the proposed alteration Majc
Historic Resource is neither a s’
the
to retain
may~.also
City wher
of t
(g) The application shall be
of the California Environmental Qualit
section 21000, et seq.), except
the project to be exempt. Absent
Alteration is exempt from the Cali~Envi
to the req
Resources Code
has determined
¯ a Minor
Quality Act.
(h) A Minor Alterati~
Director for the purpose of
information to the proper
complying with the Sect
Rehabilitation. The Di
provided in mor more t]
resubmittals unless
the pro owner
re(
only
nance);
Regulatic th
review )n~
16.49.1
to review by the
and constructive
ernative methods of
s Guidelines for
and suggestions shall be
requesting multiple
and review is desired by
Director’s suggestions and
on may be disapproved
of Title 18 (the Zoning Ordi-
~ovision of Title 16 other (Building
contained in this Chapter 16.49. The
under the procedures of section
(i) A
board
shall be reviewed by the historic
:ovided in Section 16.49.180.
Finding Required
rage Properties.
Approval of Major
The Director~, after review by the historic
and city council on appeal, shall have theauthority to modify a proposed Major Alteration of a Heritage
Property, or impose reasonable conditions and requirements as
needed, in order to assure compliance with this chapter.
(b) The following findings, based on substantial
evidence in the record, must be made by the historic resources
990212 lae 0090111 1 6 Draft
board, or by the city council on appeal, ~in order to approve a
Major Alteration of a Heritage Property:
(I) The alterations, subject to any conditions
imposed upon the approval, will not result in asubstantial adverse
change in the significance of the Historic Resource; and
(2) The proposed alterations have been
reviewed in light of the Secretary of the Interior’s Standards for
Rehabilitation; and
(3) The alterations will
the Secretary of the Interior’s Standard
:ent with
[itation~
16.49.140 Demolition of Herit~
(a) No person shall demolish
or permit such demolition to be done
demolition be issued unless the
City in accordance with this chapter.
(b) Applications for
shall be made to the Department on
accompanied by the fee set fort
Applications shall include
Director.
mun
Prop~
any
been app
such
by the
ritage Property
the Director,
fee schedule.
by the
(c) If the
the advice of an expe
preservation architect,
the applicant shall
satisfactory to the
expense [c or
any
cons
is necessary to use
, :h as an engineer or
3 ful3 evaluate the application,
iunity to retain an expert
may, at the applicant’s
to assist in evaluating
,ss of all reasonable economic
of the Cal
section
the
shall be subject to the requirements
Quality Act (Public Resources Code
when the Director has determined
( e ) Th~
after
in order
:owing findings must be made by the city
recommendation from the historic resources
approve the demolition of a Heritage Property:
The Chief Building Official or the Fire Chief
pursuant to Chapter 16.40 of this Title that an
hazard exists and that demolition of the structure
feasible means to secure the public safety; or
(2) Maintenance, use and/or alteration of the
resource in accordance with the requirements of this Chapter would
cause immediate and substantial hardship on the property owner(s)
because rehabilitation in a manner which preserves the historic
integrity of the resource:
990212 la¢ 0090111 17 Draft
(i) Is infeasible from
mechanical, or structural standpoint, and/or
a technical,
(ii) Would lea~e the property with no
reasonable economic value because it would require an unreasonable
expenditure taking into account such factors as current market
value, permitted uses of the property, the value of transferable
development rights and the cost of compliance with applicable
local, state, and federal codes. Costs necessitated by the neglect
or failure of the current owner(s) to maintain the shall
not be considered in making this finding.
(f) The application shall be
set forth in section 16.49.180.
procedures
Properties.
16.49. 150 Major Alte: :ion
(a) No person shall perform
Major Alteration of a Historic Resourc,
List without first applying for
review certification for the
accordance with this section.
ise~ to be p, ,rmed a
on the Resource
the director’s
Alteration in
(b) Application for
Alteration of a Resources Lit
a form provided by the dire,
)r’ s ~iew of a Major
the Department on
(c) The Direct<
providing cooperative a
owner about whether
Secretary of the
or Alt~
Interi(
and
the £
suggesti
without r~
addition
ir’ s
for the purpose of
formation to the property
or Alterations meet the
~or Rehabilitation. If the
with the Secretary of the
ion, the Director shall suggest
that would eliminate or minimfze
¯The Director shall provide
in no more than two reviews,
als unless resubmittal and
by the property owner.
with the Director’ s suggestions and
rec. be voluntary following issuance of the
Director’ s revie .-tification.
~.~.-.~" ( ) M~or Alteratxon Delay. If the Director determlnes
~.h~h.i~ the p~sed alterations are not consistent with the
.~andards and may result in substantial adverse change
i~’i~i~_~ificance of the resource, issuance of the Director’s
hification for Major Alteration of a Historic Resource
inc2~d on the Resource List will be delayed to permit the City to
determine whether the Historic Resource should be designated as a
Heritage Property. The delay may be up to six months in length,
but shall be no longer than is necessary to complete the
determination.
99o2~2 lac 0090n *1 8 Draft
(f)
16.49.190.
The procedure for review shall be that in Section
16.49.155 Demolition of Resource List Properties.
Demolition Delay. The issuance of a demolition permit for
a Historic Resource included on the Resource List will be delayed
to permit the City to determine whether the Historic Resource
should be designated as a Heritage Property. The delay be up
to one year in length, but shall be no longer than is to
complete the determination. The procedure for de shall be
that set forth in Section 16.49,080. If the not to
designate the.property as a Heritage i be removed
from the Resource List.
16.49.160 Major Alterations
Historic Districts.
Alteration of Contributing Res
shall be regulated in the same manner
Properties.
Cont:
in Historic ~tricts
rations to Heritage
16.49.165 Demolition
Resources in Historic Districts Contributing
(a) No person shall
a Historic District, or caus
nor shall any permit for
demolition has been d
chapter.
pe
Resource in
to be done,
issued unless the
accordance with this
(b) Ap~for
shall be to tl
set
ude
Direct,
of a Contributing Resource
provided by the Director,
n the municipal fee schedule.
information specified by the
the
(c)that it is necessary to use
consultant/ such as an engineer or
in order to fully evaluate the application,
given the opportunity, to retain an expert
The Director may, at the applicant’s
or other experts to assist in evaluating
on alleged loss of all reasonable economic
~;~’~o,~".-,~ i~b~-.~.~~’~ he applxcatxon shall be sub3ect to the re xrements
ornxa Envxronmental Quallty Act (Public Resources Code
~t~000, et seq.), except when the D~rector has determined
the project to be exempt.
(e) The following findings must be made by the city
council after review and recommendation from the historic resources
board, in order to approve the demolition of a Heritage.Property:
990212 la~ 0090111 1 9 Draft
(i) The Chief Building Official or the Fire Chief
have determined pursuant to Chapter 16.40 of this Title that an
imminent safety hazard exists and that demolition of the structure
is the only feasible means to secure the public safety; or
(2) Maintenance, use and/or alteration of the
resourcein accordance with the requirements of~this Chapter would
cause immediate and substantial hardship on the property owner(s)
because rehabilitation in a manner which preserves thehistoric
integrity of the resource:’
(i) Is infeasible
mechanical, or structural standpoint,
technical,
(ii) Would leave
reasonable economic-value because it
expenditure taking into
value, permitted uses of the
development rights and the cost of
local, state, and federal codes. Costs
or failure of the current owner(s) to
not be considered in making this
he with
as c~
of
ance with icable
by the neglect
he property shall
(3) The
will not have a substantial
significance or integrity of
C Resource
the historic
(f) The ap~
set forth in section 16
under the procedures
(g) The re~
same manner as repl ints
be regulated in the
.ributing structures.
Major Alt
contribu
17(,on or Replacement ~of Non-
Districts.
~ ~-or cause to be performed a
.ion and replacement of a Non-
historic district without historic
of the proposed Major Alteration or
accordance with this section.
(b) App for historic resources board review of a
Alterati(or Demolition and replacement of a Non-
ributing R~in a Historic District shall be made to the
form provided by the Director.
Historic resources board review of a Major Alteration
s ~ the purpose of providing cooperative and constructive
inf ~ion to the property owner about whether the proposed Major
Alteration is compatible with the Historic District. If the
proposed Major Alteration is not compatible with the Historic
District, the historic resources board shall suggest and recommend
design alterations that would eliminate or minimize the areas of
incompatibility. The historic resources board shall provide its
suggestions and recommendations in not more than two reviews,
990212 lac 0090Ill ’2 0 Drai~
without requesting Submittals unless’ resubmittal and additional
review is desired by the property owner. Compliance with historic
resources board suggestions and recommendations shall be voluntary.
(d) Historic resources board review of a Demolition and
replacement shall be for the purpose of determining whether the
proposed replacement structure or structures are compatible with
the Historic District and do not have an adverse affect on other
.properties in the vicinity. The new structure need not initiate
the architecture of the district but shall be a new comp
the District in terms of scale, size, material,
If the proposed replacement structures me~
historic resources board shall recommend
of the project. If either standard
resources board shall recommend to
denial, or approval with conditions
permit the project to meet these
conditions and modifications is
with
texture.
the
approval
histori
16.49.180 Historic Resources Making.
(a) Each application for a
of a Heritage Property or any prop
shall be considered by the hist
hearing. The historic resourc~
it deems appropriate.
with
cont
or Demolition
~oric District
at a public
the hearing as
(b) Notice of the
shall be given at leasl
hearing by publication
circulation, and by
owner(s) of the ~y,
three of
a!
once
of the hearing
to the date of the
a newspaper of general
~o the applicant, to the.
owners of property within
resources board, based upon the
~ommend to the Director approval or
,n, and any appropriate conditions.
hist
hist~re
acco~
re board
any
ication
rces
of the recommendation of the
the Director shall either accept the
srecommendation and act upon the
or returnthe application to the historic
hin thirty (30) days fdr reconsideration.
, the Director shall act upon the
approve, disapprove or modify the historic
s recommendation.
Director’s written findings and notice of decision
ivered to the applicant, by mail.
(f) The applicant shall bear the burden of proof for all
findings required for approval of an application for Demolition or
Major Alteration under this Chapter~
990212 lac 0090111 21 Draft
16.49.190 Director’s Decision Making.
(a) Each application for which this chapter requires the
Director’s review shall be considered by the Director unless the
applicant requests the application to be considered by the historic
resources board.
(b) No hearing shall be required unless consideration by
the historic resources board is requested by the applicant. Notice
of the time, place and purpose of the hearing shall
least twelve days prior to the date of the heari
at least once in a newspaper of general circula~
class mail to the applicant, to the owne
to the owners of property within three
site.
iven at
by first
ropertyi and
of
(c) The Director shall,
findings, approve or disapprove the
any appropriate conditions.
(d) The Director’s written fishall be delivered to the applicant
16.49.200 Appeals.
(a}
Historic resources board
An appeal of an action on
than eight working days
decision and action
minor project shall
following the effect
on a ’ ~ct.
the
Any person aggr~
18
or
and tach
notice of decision
~f the Director or
the city council.
1 be filed not later
date of the Director’s
of an action on a
r than four working days
s decision and action
be filed in accordance with
with a ’for
member of
or fy
and
~conditions
t determina
~council sh~
be filed with the city clerk, along
municipal fee schedule; however, any
file such an appeal without a fee.
~i may reverse or affirm wholly or partly,determination, or requirement of the
such decision or determination or may impose
facts warrant with respect to the appeal and~
on appealed, and the decision or determination of
be final.
decision of the council shall be effective
Notice of the council’s decision shall be mailed totapplicant, to the person filing the appeal, and to anyperson who has filed a written request therefor with the city
clerk.
16.49.210 Damage by Natural Disaster..No structure that
is listed on the National Register of Historic Places, on the
California Register of Historic Resources, or on the Palo Alto
Register, and that has been damaged due to a natural disaster as
990212 ia¢ 00901 ll 2 2 Draft
defined in California Public Resources Code section 5028, may be
demolished, destroyed, or significantly altered, except in
accordance with the requirements of that section and this chapter.
16.49.220 Salvage of Building Materials. When demolition
of a property on the Palo Alto Register or Resource List is allowed
under this Chapter, the City shall provide the owner(s) of the
resource to be demolished with information about salvage of
historical building materials. At least ten (10) days prior to
the date when demolition is scheduled to commence,(s)
shall provide the Director with written notice,notice
in a newspaper of general circulation, of y of
materials for salvage, including the ~ne number of
a contact person. Upon request,make
information available to persons may
contacting the owner(s) to arrange for c
building materials.
16.49.230 Preliminary
(a) For the purpose of securl
resources board before making an
resources board’s 9n
bring a project before the histor
review during a regularly noti~
the historic resources board
shall not be binding on the
recommendation on the proj
with the project, he or
any required ap~ .
(b) The D ~or
partici e in
Alter~~ted
the
Lce of the historic
the historic
pro3
~rces
may
preliminary
The comments of
reliminary review
s later formal
wishes to proceed
.e an application and pay
a project applicant to
an application for a Major~
ete, upon a determination that
in the Sec
actions described as not recommended
s Standards for Rehabilitation;
rezo]or vat
.ves multiple city approvals such as
ially
(3)s of such scope or nature ~hat it could
a significant adverse impact on the historic
review will be conducted informally but
in the same manner as is required for action on
ying project application.
16.49.240
Register.
Maintenance of Properties on the Palo Alto
(a) The owner, lessee or other person legally in
possession or control of a property on the Palo Alto Register shall
maintain it and keep it in good repair, and shall comply with all
990212 la¢ 0090111 2 3 Draf~
applicable codes, laws and regulations governing the maintenance of
property. Good repair is that level of maintenance and repair which
furthers the continued availability of such resource and prevents
deterioration, dilapidation, and decay.
(b) The owner, lessee or other person legally in
possession or control of a building which is a property on the Palo
Alto Register shall preserve from deliberate or inadvertent neglect
its exterior-features, and the interior portions thereof when such
maintenance is necessary to prevent deterioration and of the
exterior. All such buildings shall be preserved decay
and deterioration, and shall remain free from defects
through prompt corrections of any of the ~ects:
(i)~ Facades which may
the public or property;
and
(2) Deteriorated
defective or deteriorated flooring or
walls or other vertical structural
upports, d~prated
(3) Members of ceil~
supports or other horizontal mel
to defective material or deteriol
~eiling and roof
or buckle due
(4) Deteri~
exterior walls, roofs,
windows or doors;
waterproofing of
including broken
(5)
for exterior wall
protective
zient weather protection
lack of paint or other
(6
t
t in the building which
or structurally unsafe.
ion or Demolition.
de
~lation--Penalties. It is unlawful for any
demolish or cause to be altered or
in violation of any of the provisions of
or entity violating these provisions is
for each day of the violation.
~) Civil Penalty. Any person or entity, who
~lishes or causes alteration or demolition of. a
violation of the provisions of this chapter shall be
lia .e civilly in a sum equal to the replacement cost of the
building.
(3) Injunctive Relief. The city attorney may
maintain an action for injunctive relief to restrain a violation or
cause, where possible, the complete or partial restoration,
990212 ia~ 0090111 2 4 Dral~
reconstruction, or replacement in kind of any structure demolished,
altered or partially demolished in violation of this chapter.
(4) Restriction on Development. Alteration or
demolition of~ a structure in violation of this chapter shall
authorize, the Director to issue a temporary moratorium on
development of the subject property, not to exceed twenty-four
months from the date the violation occurred. The purpose of the
moratoriu~ is to provide the.city an opportunity to study and
determine appropriate mitigation measures for the alt or
removal of the Structure, and to ensure measures
into any future development approvals for the Mitigation
measures as determined by the mposed as a
condition of any subsequent permits for sub"
property.
(b) Remedies Not Exclusive.
section are not exclusive.
16.49.260 integration with
this Chaptershall be construed as wai"
or mitigating the requirements of an~
In the case of any conflict, the restr:
. Nothing in
eliminating,~
on of this code.
apply.
16.49.270 Severabili’
this chapter is held to be
any court of competent
affect other provisions
chapter are declared to
SECTION 3.
Municipal Code to
is
Lon or clause of
~ invalid by
shall not
clauses of this
added to-the Palo Alto
18.18
AND TWO-FAMILY PALO ALTO
REGULATIONS
. ~ic Purposes.
’ standards in this Chapter are intended
the conservation through continued use of
y properties as residences. The goal is
ed alterations of such properties that are
historic integrity of the property, the desirable
of the neighborhood in which they are located, and
adjacent homes.
18.18.020 Applicability of Regulations.
The standards in this Chapter are applicable to properties
included in the Palo Alto Register as Heritage Properties or
Historic District Contributing Resources,(~Protected Historic
Resources") as described in Chapter 16.49.
990212 lao 0090111 2 5 Draft
18.18. 030 Consistency with
Standards Required.
Secretary of Interior’s
No permit shall be issued for an alteration making use of
the special design standards of this chapter unless the Director
determines, after considering the recommendation of the historic
resources board, that the project is consistent with the Secretary
of the Interior’s Standards.for Rehabilitation as described in
Chapter 16.49.
18.18.040 Increased Floor Area Ratio.
The permitted floor area ratio
Resource shall be increased over
parcel of the particular size and
percent (15%) or five hundred (500) s,
by
fe
Historic
for
18.18.050 Exclusion~of Basq
Ratio Calculations.
Existing basements~ and new bal
Protected Historic Resource, shall
calculations provided that:
from
~ed~under the
~d in floor area
(a) The finished
is not raised; and
storic structure
(b) Any grade
structure is minimal and
of the structure~
at the base of the
historical appearance
18.18.060 from Floor Area Ration
calcu~
included in floor area rate
Improvement Exceptions.
the
ap~
a
=- sitq
as def.
in
~tor may, after review and recommendation by
board, grant an exception to otherwise
standards for construction of Minor
in Chapter 16.49. Application shall be made
ztion 18.90.020.
(b)exception may be granted to the following
site area; minimum site width; minimum site
front yard; minimum rear yard; minimum side yard;
m coverage; maximum height, including daylight plane;
lot ze; covered-parking requirements but not off-street parking
requirements;
(c) An optional hearing request notice shall be sent to
the applicant and all persons shown in the latest equalized
assessment roll (as updated by the semi-annual real estate update
information) as owning real property within 150 feet of the
990212 ia~ 0090111 2 6 Dra~
exterior boundary of the property which is the subject of the
application, and to each member of the historic resources board.
The notice shall be in the form described in Section 18.90.025.
Any person may request a hearing on the application for a historic
home improvement exception by filing a written request with the
director prior to the proposed date for director action set forth
in the notice.
(d) At the time and place set for hearing,
historic resources board shall hear evidence for and
application. The hearing shall be open to
historic resources board may continue theheal
time. The historic resources board shall
of planning and community
approved, disapproved, or modified,
conditions, by making findings in ac
contained in this chapter any such areDirector from time to time pursuant t 16.49.
if any, the
the
The
time to
~the director
~eption
(e) Within three working days
hearing, or if no hearing is
after the date for proposed direc
optional hearing request notice,
community environment shall eitl
the exception, making
continued in this chapter and
the Director from time to t
dir,
conclusion of the
ten working days
t forth in the
planning and
rove or modify
.h the standards
s as are issued by
~ter 16.49.040.
(f) In order
planning and community
application, all
and the rec(
that:
or
not li
and the
the zoning
must
at
the director of
, after considering the
public hearing (if any)
resources board (if any)
or extraordinary circumstances
to property involved, including but
pattern of development of the property
not apply generally to property in
prese of
or p~0tected Ere,
t~¢~: or land
a of
~ing of the exception is desirable .for the
historic style or neighborhood feature,~fined in Chapter 18.10 or other significant
~ature which would be precluded by the strict
-development regulations;
(3)granting of the exception will not be detrimental
property or improvements in the Vicinity and will
to the public health, safety, general welfare,
; and
(4) The project for which the exception is requested, as
approved, will conform to the Secretary of the Interior’s Standards
for Rehabilitation.
990212 la~ 0090111 2 7 Draft
18.18.080 Relocation of Structures to Another Property.
When relocation of a Protected Historic Resource to another
property is necessary in order to .prevent its demolition, a
historic home improvement exception may be used too permit the
placement of the relocated structure(s) on the new site. Notice
shall be given.
SECTION 4. Section 16.04.310 of Chapter 16.04 of Title 16
of the Palo Alto Municipal Code is hereby amended read as
follows:
16.04.310 Section 8-102 of Stat ’Code
amended - Purpose.
Section 8-102 of the State
amended to read:
~toric~
It is the purpose of this
building regulations ~for the
restoration (including related rec~
buildings or structures designated
this Code as Heritage Properties or
Properties or Resource List
regulations are intended to fac
occupancy so as to
architectural elements a:
conservation and a cost-ef~
provide for the safety .ding
Such
provide a
, preservation,
or relocation of
16.49 of
Contributing
building
or change of
or restored
encourage energy
preservation, and to
cupants.
SECTION 5.
Safety Code provic
provisic in
Califo~
of
change
the Cali
used for
rea~,
topo!
~he California Health and
ihat may make changes to the
are published in the
Sections 17958.5 and 17958.7
require that for each proposed local
in the uniform codes and published in
Code which regulate buildings
City Council must make findings
Lon that each such local change is
because of local climatic, geological, or
The
i’cipal Code
to be
to Section 16.04.310 of Chapter 16.04 of the
forth in Section 4 of this ordinance are hereby
amendments, needed to conform the
the State Historical Building Code to the
in Chapter 16.49 of the Palo Alto Municipal Code,
preservation.
~. The Historic Resources Board created by this
ordinance shall be considered a continuation of the existing
Historic Resources Board, and the members presently serving shall
continue to serve their appointed terms.
~F~. The Council has certified an Environmental
Impact Report on this project.
990212 lao 0090111 2 8 DraR
SECTION 8. For the purposes of section 18703.3 of Title 2
of the California Code of Regulations (Fair Political Practices
Commission Regulations), it is hereby found and declared that the
member of the historic resources board who must be an owner or
occupant of a structure on the Palo Alto Register is appointed to
represent and further the interests of persons having an economic
interest in real property included on or potentially eligible for
inclusion on the Palo Alto Register.
SECTION 9. This ordinance shall become e
commencement of the .thirty-first day after
adoption.
upon the
of its
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED~4AS TO
Senior .ty
Manager
Director of Planning
and Community Environment
990212 lac 0090111 2 9 Draft
Attachment C
Survey of Other Cities
Responding to interest expressed by Council Members in receiving information about
historic preservation programs and regulations in other cities, staff contacted eight
selected cities and prepared brief summaries of their hi.’storic preservation programs.
Cities were selected that have identified substantial numbers of historic resources and that
have some demographic/quality of life similarities with Palo Alto. Five of the cities are
college or university communities. The cities range in population from 17,000 to
280,000, with three being smaller than Palo Alto and five larger. Four of the cities are
located in or near the Bay Area. The information was gathered through telephone
interviews with the senior staff person responsible for the historic preservation program in
each city.
The eight cities for which summaries were prepared are:
Alameda Orange
Boulder, CO Pacific Grove
Claremont Pasadena ~
Los Gatos Riverside
The attached summaries for each city organized according to the following topics:
population; historic preservation ordinance and other related regulations; categories of
historic resources; review of proposed exterior alterations; review of proposed
demolition; and definition of demolition.
Also attached is a table titled ’number of Historic Resources in-Selected Cities Subject to
Major Alteration and Demolition Regulation." This table shows the number of resources
in each category and whether proposed major exterior alteration of those resources are
subject to mandatory or voluntary compliance, and whether proposed demolition of
resources in that category can be delayed or denied.
NUMBER OF HISTORIC RESOURCES IN SELECTED CITIES
SUBJECT TO MAJOR ALTERATION AND DEMOLITION REGULATION***
Population
Alameda*
80,000
Boulder,
Colorado
98,000
Claremont*
34,000
Los Gates*
29,600
Orange
122,000
Number of
Resources
25
4000
55
100
500
350
40OO
Resource Category
600
86
320
400
16
900
1160
200
200
Monuments
Historic Building Survey
List
National Register
District (1) (commercial)
Local Landmarks
Local Historic Districts (5)
(residential)
Downtown NR Historic District
(nondesignated)
50 year old buildings
(outside historic district
and not landmark)
Register of Sites of Historic and
Architectural Merit:
Historic Claremont District
(residential),
Arbol Verde District
(residential),
Other Historic, Resources
Landmark Historic
Districts (5)
Landmarks
Other pre- 1941
Old Town Orange
National Register
Historic District
Old Town Local District
Historic Survey
Review of Major Exterior
Alterations
Compliance
Voluntary
X
Compliance
Mandatory
X
X
X
X
X
(no review of alterations)
X
X
X
X
x
(no review of alterations)
Review of Demolition
May be May be
Delayed Denied**
X
X
X
X
X
X
(to consider
Landmark
designation)
X
X
X
X
X
X
X
X
(no review of demolition)
*The four cities of Alameda, Claremont, Los Gates, and Pacific Grove review exterior alterations to all structures, both historic and
nonhistorie. **Demolition is generally prohibited unless the property is found not to be historically significant, or there are certain
extraordinary circumstances.*** Source of information is senior staff person for historic preservation in each city..Numbers provided are
approximate. 1
Population
Pacific
Grove*
17,000
Pasadena
162,000
Rivetside
280,000
Number of
Resources
1250
4
53
1250
350
230
25,000
(11,000
potential
histodc)
96
1,000
842
1108
Resource Category
Historic Resources Inventory
Treasure
Individual Landmark
Landmark Districts: (2)
(residential)
Bungalow Heaven,
Garfield Heights
National Register
Districts (5) (commercial)
National Register
Districts (2) (residential)
(nondesignated)
50 Year Old
Buildings
Cultural Heritage Landmarks
Structure of Merit
Review of Major Exterior
Alterations
Compliance
Voluntary
X
X
Compliance
Mandatory
X
X
X
X
X.
X
X
Review of Demolition
May be
Delayed
X
X
Historic Districts (9)
Neighborhood Conservation
Area (5)
X
(if determined
to be potential
Landmark)
X
(if d.etermined
to be potential
Landmark or
Structure of
Medt)
May be
Denied**
X
X
X
x
x
x
x
*The four cities of Alameda, Claremont, Los Gates, and Pacific Grove review exterior alterations to all structures, both historic and
nonhistoric. **Demolition is generally prohibited unless the property is found not to be historically significant, or there are certain
extraordinary circumstances.***Source of information is senior staffperson for historic preservation in each city. Numbers provided are
approximate. 2
Population: 80,000
Historic Preservation Ordinance and other related regulations:
The Historic Preservation Ordinance was adopted in 1980, following completion of the 1979
historic survey. Related to historic preservation is "Measure A", passed in 1973, that limited
residential density to single family or duplexes. This removed the incentive to demolish historic
houses to build apartment buildings. It was the firstpiece of"historic preservationI’ regulation
package now in.place, followed by the historic survey and ordinance in 1979-80, and design
review of exterior alterations to all single family houses, both historic and nonhistoric, adopted in
1990.
Historic Survey:
An historic survey conducted in 1979 surveyed 25,000 properties; this did not include the entire
city for cost reasons. 4000 properties were identified as potentially historically significant.
Categories of Historic Resources:
Historic Building Study List: 4000 properties identified as historically significant in the historic
survey.
City Monuments: 25 properties. Eight are listed on the National Register of Historic Places.
Park Street National Register Historic District: Thi~ is a commercial district that includes 49
Contributors, 6 potential Contributors (would be Contributors if rehabilitated), and 16
Noncontdbutors.
The city is currently working on establishing an historic district at the former Alameda Point
Naval Air Station. The potential for a National Register historic district on the base was
identified by the Navy as part of the base closure procedure (85 potential contributing structures).
Review of Exterior Alterations:
All buildings in the city are subject to review for all exterior alterations, except for certain decks,
docks, skylights, in-kind replacement, etc.
a:\eities3.sum Page 1
Alameda, cont.
Design review was extended to single family residences in 1990. Some striking examples Of the
effect of design review can be seen where several originally similar historic houses by the same
builder have been renovated, both before and after the design review requirement.
The 4000 buildings on the Historic Building Study List have the same design review process as
the nonhistoric buildings in the city. Staff conducts the design review, unless a planning
approval such as a variance is sought, in which case the Planning Board conducts the review at a
public hearing (about 30 per year). There are approximately 200 minor applications per year (ie.
New window or door, less than 80 square feet additions), and 150 major applications (new..
structures, second story additions). Staff decisions are appealable to the Planning Board and City
Council. The staff forwards projects that appear to involve policy issues to the Planning
Commission, and the decisions of the Planning Board are then used by staffwhen advising
applicants and making decisions on subsequent projects. The Design Review Manual prepared
in 1974 and Comprehensive Plan policies are the basis for the review standards. The Secretary
of the Interior’s Standards are used to provide advice and guidance to applicants but are not
required for these buildings by code.
Structural alterations of City Monuments and contributing stuctures in the Park Street National
Register Historic District are reviewed by the Historic Advisory Board, using the Secretary of the
Interiors Standards. Minor exterior alterations are r~viewed by city staff.
Alameda uses the State Historic Building Code (SHBC) extensively. They have set up a special
system in the building department in which historic buildings are identified as soon as an
application is filed, and these projects are plan checked by a specially designated staffperson
who is knowledgeable about historic preservation and can assist homeowners in using’ the SHBC.
Assistance for owners of historic properties: The Historical Societyhas an extensive library and
photos that they make available to owners wanting historical information about their properties.
The Alameda Architectural Preservation Society has an active outreach program that puts
applicants in touch with other homeowners who have rehabilitated/restored historic houses and
provides information about restoration building materials and and other.resources.
Review of Demolition:
Demolition applications for any historic resource (Historic Building Study List, City Monument,
or Park Street National Register Historic District) is reviewed by the Historic Advisory Board.
Demolition is denied if two findings are made: the structure is an historic resource, and the
structure has economic value. An EIR is required i,fthe Board finds that the structure has
historic significance and there may be compelling reasons to allow demolition. There are 1 or 2
demolition applications per year. They are usually denied.~ There have been approximately 2
demolitions in the past 10 years.
Definition of demolition. Removal of 30% of the value of the structure within a five year period.
a:\cities3.sum Page 2
Population: 98,000
Historic Preservation Ordinance and other related regulations:
The city’s Historic Preservation Ordinance was adopted in 1974 and applies to locally designated
individual landmarks and historic districts.
The Downtown National Register Historic Distriet,’approximately 350 buildings, was listed on
the National Register in 1980. This district currently is not a locally designated historic district
and so is not regulated by the Historic Preservation Ordinance..Instead, special design
regulations were adopted for this district. ( Local district designation for this historic district will
be reviewed by the City Council in early 1999.)
In 1986, the Downtown Advisory Board was established to review exterior alterations in the
Downtown National Register Historic District, and Downtown Design Guidelines based on the
Secretary of the Interior’s Standards were adopted.
The Demolition Ordinance was adopted in 1994, requiring review of demolition applications for
all buildings over 50 years old that are not individual landmarks nor in designated historic
districts.
Historic Survey:
The Boulder Survey of Historic Places was conducted in 1985 and included the entire city. The
city applies annually for CLG grant funds to update the survey, and properties built prior to 1947
have now been surveyed.. These surveys have identified several hundred potential individual
landmarks and eight or more potential historic districts.
Categories of Historic Resources:
There are two categories of locally designated historic resources, landmarks and historic districts.
In addition, certain regulations apply to the nondesignated Downtown National Register Historic
District and to all buildings over 50 years old. Owner consent is not required for a property to be
included in any of these categories, although nearly all individual landmarks have been
designated at the owner’s request.
Landmarks: Approximately 100 individual properties are designated landmarks.
a:\cities3.sum Page 1
Boulder, Colorado, cont.
Historic Districts: Five locally designated residential historic districts include a total of
approximately 500 properties. Two of these districts were established within the last six years.
Downtown National Register Historic District: This district comprising approximately 350
structures currently is not a locally designated historic district. It is subject to special regulations
developed for this district, rather than to the Historic Preservation Ordinance.
Structures over 50 years old: There are more than 4000 properties in the city over 50 years old.
These properties that are not individual landmarks and are outside designated historic dislricts
are subject to the 1994 Demolition Ordinance
Review of Exterior Alterations:
Landmarks and designated Historic Districts: A Landmark Alteration Certificate is required for
any alterations visible fxom a public space, new construction, removal, or demolition on a
landmark site or in a designated historic district. The reviewing body may grant Or deny the
Certificate, and compliance is mandatory. The review is based on special Design Guidelines
based on the Secretary of the Interior’s Standards that were developed by the city with the
assistance of a consultant.
Minor alterations are reviewed by the Design Review Committee comprising two members of
the Landmark Preservation Advisory Board and one staff person. The DRC holds informal
weekly meetings to which property owners may bring their proposed plans for review. No
agenda is published and anyone may come.. If plans are complete and the proposal is consistent
with the Design Guidelines, the DRC may approve the project at the meeting. Approximately
95% ’of projects are approvedat these weekly committee meetings (approximately 200 per year).
Major alterations are reviewed at a public hearing by the Landmark Preservation Advisory
Board. Major alterations inelude new construction, large additions, second story alterations or
additions, and other proposals that could have a significant or detrimental impact on the resouree
(approximately 12 per year). Thresholds have been established to identify major projects.
Downtown National Register Historic District: Exterior alterations valued at $10,000 or more
are reviewed by the Downtown Advisory Board based on Downtown Design Guidelines. For
this district, review is mandatory but compliance is voluntary.
Call Up by City Council: Instead of a standard appeal process, the historic preservation
ordinance provides for "call up", that is, the City Council may within fourteen days of a decision
by the Landmark Board on a Landmark Alteration Certificate call up that decision for review.
The Council holds a public hearing and may uphold’or change the decision of the Landmark
Board.
a:\eities3.sum Page 2
Boulder, Colorado, cont.
Review of Demolition:
Landmarks and Contributors in historic districts: The Landmark Preservation Advisory Board
holds a public hearing and may deny the application. There are very few requests for demolition.
Only one demolition has been approved since 1977; it was based on the very deteriorated
condition of the building.
All Buildings over 50 ydars old outside designated historic districts and not individual
landmarks: Demolition applications are reviewed by the Design Review Committee. The DRC
may approve the application, or refer it to the Landmark Preservation Advisory Board if the
property may have historic significance. The Landmark Board holds a public hearing and may
delay the application for 180 days to seek alternatives to demolition and/or to initiate a Landmark
application to the City Council. In the past year, out of 14 demolition applications for
nondesignated 50 year old buildings, 10.were issued by the DI~C, 1 was issued after a public
hearing, 1 was designated a Landmark by the City Council, 1 was preserved by the property
owner, and the outcome of 1 is still pending.
Definition of Demolition: The historic preservation ordinance defines demolition as an act or
process which removes at least seventy-five percent of the exterior walls of any building, or
removes any exterior wall facing a public street or mall of any commercial building, but not an
act or process which removes an exterior wall facing a public alley. As noted above (see Review
of Exterior Alterations), a Landmark Alteration Certificate is required for demolition of
designated landmarks and contributors in historic districts. A proposal that remove less than
75% of the structure but is found not to meet the standards for the Landmark Alteration
Certificate may be denied. ’.
a:\eities3.sum Page 3
Population: 34,000
Historic Preservation Ordinance and other related regulations:
The city does not have an historic preservation ordinance as such. In 1970, the Historic
Claremont neighborhood, an area of about 600 homes, was rezoned from multiple family to .the
Historic Claremont overlay zone district. This zone designation included design review for
exterior alterations. Under a design review ordinance passed in the early 1990’s, all exterior
changes to all buildings in the city, both historic and nonhistoric, are reviewed either by staff or
by the Architectural Commission.
Historic Survey:
An historic survey conducted in t 979-80 identified approximately 1000 stuctures of historical
significance.
Categories of Historic Resources:
The approximately 1000 historically significant properties identified in the 1980 survey are listed
on the Register of Sites of Historic or Architectural Significance. This includes two residential
historic districts, Historic Claremont District (600 properties) and the Arbol Verde District (86
properties). Owner consent is not required for a property to be listed on the Historic Register.
Review of Exterior Alterations:
Exterior alterations in the Historic Claremont District are reviewed by the Architectural
Commission. Exterior alterations to all other properties on the Historic Register are reviewed by
staff. Staff review may be appealed to the Architectural Commission and City Council.
Review of Demolition:
The Architectural Commission reviews and acts on any application to demolish a structure on the
Historic Register. Demolition is delayed for 90 days, during which time a California
Environmental Quality Act (CEQA) review is conducted, and the Commission works with the
property owner to consider alternatives to demolition. The Commission may deny the,
demolition.
a:\cities3.sum Page 1
Claremont, cont.
Definition of Demolition: The city does not have a definition of demolition. In more than one
instance, this resulted in projects that appeared to be alterations during the project review but
became demolitions once the project was underway.
a:\¢ities3.sum Page 2
Population: 29,600
Historic Preservation Ordinance and other related regulations:
The first historic preservation ordinance was adopted in 1976 for designated Landmark
properties. A new historic preservation ordinance adopted in 1990 applies to all stuctures built
prior to 1941. ..
Exterior alterations to all structures in the townare required by code to be reviewed and
approved as consistent with special Design Guidelines developed for various parts of town and
types of buildings. For example, special pre-1941 Residemial Design Guidelines were adopted
for review of historic residences.
Historic Survey:
An historic survey was completed in 1989. The survey assessed the potential historic
significance of all 1300 pre-1941 structures in the town. This assessment is referred t6 when
exterior alteration or demolition is proposed for any of these buildings.
Categories of Historic Resources:
There are three categories of historic resources. Owner Consent is not required to list a property
as an historic resource in any of these categories.
Landmark Historic Districts. There are four residential historic districts and one commercial
historic district. The residential historic districts are Almond Grove, Broadway, Fairview Plaza
and University Edelen. Together they include 372 properties. The commercial historic district,
includes an additional 27 properties.
Landmarks. There are 16 individual landmark properties.
Other structures builtprior to 1941. There are approximately 900 of these structures.
Review of Exterior Alterations:
The review process is the same for all three categories of historic resources- Landmarks,
Landmark Historic Districts, and other pre- 1941 structures. Review and approval of all exterior
alterations is required. Minor exterior alterations are reviewed by staff. Major alterations,
a:\cities3.sum Page 1
Los Gatos, cont.
including second story additions or work that extends into setbacks, are reviewed by the Historic
Preservation Committee. The Historic Preservation Committee includes two members of the
Planning Commission.
Review of Demolition:
An application to demolish any building in the town requires Planning approval. All residential
demolitions must be justified. A detailed structural report is required by a licensed architect., or
civil engineer unrelated to the project. If the structure is a landmark, contributor to a landmark
historic district, or is eligible for local designation, an historic assessment is also required to be
prepared by a qualified historical resource consultant. The application is referred to the Historic
Preservation Commission for a recommendation an~ to the Planning Commission for a decision.
If the structure is not a landmark site or contributor to a historic district, the Town’s
Development Review committee can approve the application. Approval of a demolition
application requires a finding that the building does not have historic or architectural
significance.
Definition of Demolition: Demolition is defined in the historic preservation o~dinance as
cumulative actions over a five year period that result in removal or enclosure of 50% of the
exterior walls, or removal of 50% of the interior structural elements, or removal of 25% of a
street facing wall, including removal of the exterior wall covering. A few "unlawful
demolitions" have occured when alterations in the field resulted in demolition of more of the
building than had been approved on the building permit plans. In response to this situation, the
City is reviewing revised demolition regulations in order to prevent these unapproved
demolitions in the future.
a:\cities3.sum Page 2
Orange, cont.
ORANGE
Population: 122,000
Historic Preservation Ordinance and other related regulations:
Since the 1980’s, a zoning overlay has been applied to the Old Town section of the city. The
zoning overlay requires review and approval of exterior alterations and demolition of the
commercial and residential buildings in this area. The zoning overlay also includes special
Design Standards developed for reviewing projects in this area.
The city does not have an historic preservation ordinance as such. In the mid-1990’s, following
an update of the historic suvey, a draft historic preservation ordinance was prepared and
reviewed at public hearings, but the ordinance was not adopted by the City Council.
Historic Survey:
An historic survey was conducted in 1982 and updated in 1991.
Categories of Historic Resources:
Old Town Orange National Register Historic District: This historic district, comprising 1160
properties, was listed on the National Register in 1996. The National Register nomination was
submitted by the local preservation organization, the Old Town Preservation Association.
Old Town Local District: This area is contiguous to the National Register district and includes an
additional 200 properties. Although is does not conform to national register district standards, it
has been considered by the community to be a part of Old Town Orange, and is designated as a
local historic district. The two areas together are referred to locally as the "square mile" and are
treated as one for planning purposes. The structures in this combined area are approximately
20% residential and 80% commercial.
Approximately 200 additional properties outside of the I-Iistofie District were identified as
potentially historically significant in the 1991 survey. Three of these properties are listed
individually on the National Register. No special regulation applies to these properties, except
that CEQA review would be conducted as part of a discretionary review process for projects
proposed on these properties.
a:\¢ities3.sum Page 1
Orange, cont.
Review of Exterior Alterations:
Old Town Orange National Register Historic District, and Old Town Local District:
Exterior alterations are reviewed for consistency with the Old Town Design Standards and the
Secretary of the Interior’s Standards for Rehabilitation. Minor alterations are reviewed by staff,
or the applicant may reqiaest review by the Design Review Board. Major alterations and
demolition applications are reviewed at a noticed public hearing by the Design Review Bo~d.
The city has developed materials to assist owners of historic properties, including Recommended
Guidelines for designing projects consistent with the Secretary of the Interior’s Standards and a
Resource Supply List with information about where restoration building materials, supplies and
services can be obtained. "
Review of Demolition:
Application to demolish a contributing structure in the National Register district or local historic
district, and any proposed replacement use or structure, requires review and recommendation by
the Design Review Board and action by the Planning Commission. California Environmental
Quality Act (CEQA) review is conducted. The Planning Commission makes the determination
on the environmental assessment Negative Declaration or Environmental Impact Report. The
decisions of the Design Review Committee and Planning Commission are appealable to the City
Council.
Definition Of Demolition: Demolition is def’med in the municipal code as an act or process that
destroys, moves, or razes in whole or in part a building, structure, or site or permanently impairs
its structural or architectural integrity.
a:\eities3.sum Page 2
PACIFIC GROVE.
Population: 17,000
Historic Preservation Ordinance and other relat~d regulations:
The current historic preservation ordinance was adopted in 1994. It was revised in 1997 to
establish the Historic Resources Committee as the decision making body for additions and
deletions from the Historic Inventory and for demolition applications, instead of the Community
Development Director. Since 1985, exterior alterations to historic structures have been subject to
review by the Architectural Review Board, and a 1985 moratorium prohibited demolitions except
in unusual circumstances. A General Plan revision was initiated in late 1980s and adopted in
1994, providing the policy framework for the 1994 historic preservation ordinance.
Zoning. in the historic Retreat area was recently revised to include a Floor Area Ratio limit to
reduce impacts of additions on small lots.
Design review of exterior alterations to non-historic single family residences has been in place
since early 1990’s. Single Family Design Guidelines recently adopted by City Council have a
special section for historic structures.
Historic Survey:
An historic survey was conducted in 1977. It surveyed most, but not all, of the structures in the
city built prior to 1927. Approximately 1200 structures were identified as historically
significant. Identification of historic and architecturally significant structures is on-going.
Categories of Historic Resources:
The only category of historically significant structures is the Historic Resource Inventory (HRI).
It comprises approximately 1250 structures, including the 1200 structures identified in the 1977
survey and other structures added since then by the Historic Resources Committee. Sttaactures
determined to be historically or architecturally significant are added to the Inventory by the
HRC. The decision is appealable to City Council. Owner consent is not required for listing on
the HRI.
Review of Exterior Alterations:
Any exterior alteration or additon to a structure on the Historic Resources Inventory, with minor
exceptiohs, is reviewed by the Architectural Review’Board. Compliance with the conditions and
mitigations of the ARB is mandatory.
a’.\eities3.sum Page 1
Pacific Grove, cont.
Development applications for historic stuctures that involve exceptions are reviewed by the
Planning Commission.
Review of Demolition:
Applications to demolish a structure on the Historic Resources Inventory are reviewed by the
Historic Resouees Committee at a public hearing. An Initial Study is prepared for CEQA
compliance. The HRC decision is appealable to City Council. ..
Definition of Demolition. Removal or alteration of 25% of the wall(s) facing a street and/or of
50% of all total wall length.
To avoid nonpermitted work oeeudng in the field, prior to issuance of a building permit a Notice
to Contractor form must be signed by the contractor and posted at the job site stating that the
property is on the Historic Resources Inventory and no deviations from the approved plans are
permitted without prior review and approval. This same information is stamped on the approved
building permit plans.
a:\eities3.sum Page 2
Population: 162,000
Historic Preservation Ordinance and other related regulations:
The Historic Preservation Ord’mance was adopted in 1979 and revised in 1986, 1990 and 1994.
This year, the city will be rewriting the I-Iistorie Preservation Ordinance with a grant from the
State Office of Historic Preservation through the Certified Local Government (CLG) program.
Historic Survey:
The city conducted a citywide reconnaisance survey in 1993 to identify areas of the city where
intensive surveys should be conducted, and to identify individual properties that are potential
historic resources. The reeormaisanee survey reviewed 25,600 properties; 14,600 of these
properties were located in areas identified as historic resource planning areas; 11,400 were
identified as potential contributors to historic districts and an additional 320 properties outside
these areas were identified as potentially significant individual resources.
Categories of Historic Resources:
Individual historic resources are designated as Treasures (4 properties) and Landmarks (53
properties). Treasures and Landmarks are not designated over an owner’s objection.
The city has five National Register Historic Districts in commercial areas (360 properties), and
two National Register Historic Districts in residential areas (230 properties). In addition, there
are two residential local Landmark Districts, Bungalow Heaven and Garfield Heights (1250
properties). The city uses the following process for establishing a new historic district: a
workshop is held; a Conservation Plan for the area is prepared by the owners with assistance
from staff; 51% or more of the Owners sign a petition requesting that an historic district be
formed; the application for a district is approved by the Planning Commission and City Council.
All buildings over 50 years old, including approximately 11,700 properties identified in the 1993
historic survey as potentially historically significant, are treated as a class of properties that may
have historic significance.
Review of Exterior Alterations:
Landmarks and Treasures: Exterior alterations that require a permit from the city are subject to
review. Minor projects are reviewed by staff, and major projects are reviewed by the Cultural
Heritage Commission. Compliance with the recommendation of the review is voluntary, unless
the historic resource is located within the Central District described below.
a:~cities3.sum Page 1
Pasadena, cont.
Five commercial National Register Historic Districts located in the Central District. All
exterior alteations are reviewed by the Design Commission, and compliance is mandatory.
Two residential designated local Landmark Districts, Bungalow Heaven and Garfield Heights:
Minor exterior alterations are reviewed by staff and major exterior alterations are reviewed by the
Cultural Heritage Commission. Compliance is mandatory.
Two locally nondesignated residential National Register historic districts: Although they are
National Register districts, these two districts are not designated as local landmarks, and
consequently are not subject to the same review requirements as Bungalow Heaven and Ga~eld
Heights. These properties are subject only to the review process for all 50 year old buildings
deseribed below, unless a discretionary process such as a variance is applied for.
All 50 year old buildings: For all exterior alterations., the property is screened by staff to
determine if it is historically significant. The results of the 1993 survey are used as a guide. If
staff determines that the property meets criteria in the ordinance for designation as an individual
Landmark, the proposed alteration is reviewed by staff or-the Cultural Heritage Commission for
consistency with the Secretary of the Interior’s Standards. Compliance with the review is
voluntary, but the project can be delayed up to 405 days to encourage preservation of the
structure.
Review of Demolition:
For properties in the two designated residential historic districts, Bungalow Heaven and Garfield
Heights, and for properties in the five commercial historic districts in the Central District,
proposed demolition is reviewed by the Cultural Heritage Commission or the Design ’
Commission and may be denied. The decision of the Commission is appealable to City Council.
For all Individual Landmarks and Treasures, properties in the two nondesignated residential
historic districts and all other 50 year old buildings, proposed demolition is reviewed by the
Cultural Heritage Commission and may be delayed but not denied. If the struetur~ meets the
criteria for designation as a Landmark, demolition cart be delayed for up to 405days. If it meets
the somewhat lower standard of a Structure of Merit, the demolition can be delayed for up to 325
days.
Definition of Demolition: The historic preservation ordinance defines demolition as an act or
process that destroys or razes in whole or in part a building, struetttre or site or permanently
impairs its structure integrity.
a:\cities3.sum Page 2
RIVERSIDE
Population.: 280,000
Historic Preservation Ordinance and Other Related Regulations:
The historic preservation ordinance was adopted in 1996..It is one of the most recently
completed historic ordinances in the state.
Historic Survey:
A comprehensive reco0naissance suryey of the city was completed in the 1970’s. Since that
time, many landmark properties and historic districts have been designated. At the time
individual properties and properties within potential historic districts are considered for
designation, an intensive survey or historic assessment is conducted to establish their historic
significance.
Categories of Historic Resources:
The historic preservation ordinance applies to four categories of historic resources: Cultural
Heritage Landmarks; Structures of Merit; Historic Districts; and Neighborhood conservation
Areas. Designation of a property to these categories does not require owner consent.
Cultural Heritage Landmarks: There are 96 properties designated as Cultural Heritage
Landmarks. These are properties that have significance for the city as a whole or beyond the
city.
Structure of Merit: Over 1000 properties are designated Structure of Merit, properties that are
important in the local neighborhood context.
Historic District: There are nine designated Historic Districts that include a total of 843
properties. Districts are areas with a concentration of resources of broad historic significance.
Neighborhood Conservation Areas: Five Neighborhood Conservation Areas comprise a total of
1105 properties. These are cohesive areas of historically interesting resources significant at the
local neighborhood level.
a:\cities3.sum Page 1
Riverside, cont.
Review of Exterior Alterations:
All four categories of resources require review and approval of exterior alterations. Minor
projects are reviewed by staff. Major alterations are reviewed by the Cultural Heritage Board.
Review of Demolition:
For all four categories of historic resources, demolition may be denied. A proposed demoli.t!on is
considered an adverse impact on a historic resource. An Initial Study is always required, and an
Environmental Impact Report may be required for California Environmental Quality Act
(CEQA) review. Demolition applications are reviewed and acted on by the Cultural Heritage
Board. While demolitions are rare, a demolition was recently approved for a very deteriorated
building.
Definition of DemoBtion: In the historic preservation ordinance, demolition is equivalent to
substantial adverse change to the historic resource.
a:\cities3.sum Page 2
Attachment D
city Council Recommendation on Historic Preservation Incentives/Benefits
Floor area ratio (FAR).a. Recommended increases up to 15% FAR of the allowable FAR, up to a maximum of 500 square
feet~ Increases in FAR are subject to but not limited to the following criteria:
b. Not counting the existing basements or new basements that do not result in the house being
raised, so long as any grade change at the base of the structure is minimal and is consistent with
the historical appearance of the structure, or existing attics or unfinished spaces that do not result
in extedor changes to the structure. (Staff to further reseamh),
c, Allow flexibility in basement design.
d. Recommended staff research the transfer of FAR development dghts from histodc properties as a
future research assignment given the amount of research required to undertake this assignment.
e. Applications are required to undergo design review and HIE and/or DEE review and approval by
the HRB.
Setback/daylight plane.
Relocation of histodc
structures.
Non-conforming uses
and structures.
Recommend the use of setback/daylight plan reductions:
a. Allow flexibility in roof pitch requirements consistent with histodc pattern of neighborhood.
b. Allow an increase of ,existing setback non-conformities (enclosure of front porch which currently
extends into prevailing front setback, daylight plane, etc.).
c. Provide a reduced setback for garages (i.e. garages on comer lots measured only from one
street).
d. Allow encroachments for minor features, such as stairways, light wells, etc.
e. Applications are required to undergo design review and approval by the HRB.
f. Applications are required to undergo HIE and/or DEE review and approval by the HRB.
Allow relocation of historic structures with flexibility to include the following:
a. Relocation of Significarlt Resource structures offsite only to promote preservation.
b. Strongly discourage offsite relocation of Landmark structures,
c. Allow relocation/movement of histodc structures onsite.
d, Evaluate reduced setbacks/daylight plane via the HIE process.
e. Subject to Secretary of Intedor Standards for Rehabilitation.
f. Applications are required to undergo design review and approval by the HRB.
g. Applications are required to undergo HIE and/or DEE review and approval by the HRB.
Permit existing non-conforming Uses and structures as follows:
a. Increase the time frame in which nonconformity can be vacant from 12 months to 24 months
without losing grand fathered status.
b. Allow intensification of nonconforming use if needed to preserve histodc structures in
nonresidential areas.
c. Applications are required to unde,rgo design review and approval by the HRB.
d. Applications are required to undergo HIE and/or DEE review and approval by the HRB.
Minor projects.
Home Improvement
Exceptions (HIE) and
Design Enhancement
Exceptions (DEE).
Multi-family/non-
residential properties.
a. Maintain flexibility in definition of minor projects to allow for staff review and approval.
b. Create a definition of =minor exterior alteration" for either staff review or HRB review and approval.
c. No noticing requirements: Allow staff to determine if courtesy noticing is required.
a. Establish specific cdteria (Secretaw of Interior Standards for Rehabilitation) applicable only to
histodc structures.
b. Both HIE and DEE should be reviewed and decided by HRB. (HRB review and recommendation to
the Director of Planning and Community Environment for action would result in one public review),
c. Develop less burdensome HIE standard for the HRB to utilize.
Continue current PAMC requirements requiting both ARB and HRB review.
Extedor alterations.No fee.
Demolition.Continue to charge full cost recovery fee.
Applications for HIE and No fee.
DEE in association with
design review.
State Historical Building
Code (SHBC).
Use of Federal
Investment Tax
Program.
Low interest
Recommended the continued implementation of the current program, continued improvement of the
distribution of information to the general public, histodc homeowners, developers, builders, architects,
etc., increase in training of personnel.
Re.commended staff distribute and provide information to the general public, historic homeowners,
developers, builders, architects, etc. of the program. Create a data base of information.
Recommended these program not I~e pursued at this time.
rehabilitation loans/low
interest or first time
buyer loans.
Architectural advice Recommended staff secure assistance in the creation and implementation of the program from the
~dvate sector.
Histodc Preservation
Awards Program.
Recommended staff begin initiation of a Histodc Preservation awards program with recognition with
the use of a plaque/public recognition by the HRB. Secure assistance in the creation and
implementation of the program from the pdvate sector.
Flood Regulations
exemption (PAMC
Chapter 16.52).
Mills ACt Contracts
Supported the use of the exemption and instructed staff to complete further research of this option
and cleady identify the trade-off for implementation. ’
Recommended no action be completed on this program at this time. Upon initiation the following
would apply:
a. If utilized, Mills Act should be very limited in use.
b. If Act preserves a structure that would not otherwise be preserved, it’s use’should be considered.
c. Cdteda for use should be very restrictive to insure preservation of historic structure is only
purpose.
d. Research means to reimburse the School Distdct via the creation of trust funds or similar
programs.
Department of Community Development and Environment
Division of Planning
February 11, 1999
S:lPlanlPladiHHistot~ccincent.fnl
2
Attachment E
Historic Preservation Roundtable Meeting #2
December 15, 1998
Group I (Room H-5)
Discussion Topics
Feedback re: Council’s December 14 preliminary directions:
- Likes
- Dislikes
- Areas of Compromise
Areas Requiring Further Exploration
- "Most remarkable" CA landmarks
- Definitions of Major Alteration/Demolition
- Process to create Histodc Districts
- Administration of Ordinance
Advice m additional Public Outreach
Other topics?
S:lPlanlPladivlHistodclround2.nts Page 1
Feedback on 12/24198 Council Meetin_a:
Using Sec/Int. Standards for rehabilitation is beneficial
-they have been tested by time and have some acceptance.
Definitions of alterations are still not clear.
The matrix is beginning to clarify the process.
Establishment of criteda for selection first was desirable.
Some of the uncertainty for homeowners has been reduced by regulations for.
=resources" but not enough. =Property rights" still not assured.
The balance in the new version is becoming reasonable, except perhaps for the
delays for demolition (1 year).
Decision to place on register should be shorter than that, so one year is to~
protracted. (In other places, delay is to evaluate whether to preserve (add to
register, eg.).
Purpose of the delay should be made explicit, along with a specific process.
Role of HRB not fully defined.
Creation of Histodc.,,l~istricts
High priority.
Commercial districts.
Putting property owners in limbo during a long delay is unconscionable.
A separate focus on commercial properties may be warranted.
Role of HRB is unclear. The ARB model should be used for design review. (It
would be a more public process.)
We need a formal process to hear neighbors’ opinions. (Should be anonymous).
Are contributing resources in historic districts being given short shrift, thereby
reducing the quality of the distdct if wedo allow significant changes in CR’s,
where do we stop?
Some replacements ~ considered improvements over the original.
Perhaps we need to re-review all the buildings in professorville.
Reconsideration of HRB: needs to have the experience and skill for task, notice
to public, non-partisan orientation, anonymous comments.
(Not an advocacy group, but to carry out the purpose of the H.O. (Hist. Ord.)
=Educate" and =train" the HRB, Architects, Designers, etc. =The doctor is in".
What happens to property categorizations made dudng the interim ordinance?
What will be the process for Categories 1 and 2 properties?
Definitions of major/minor alterations?
Has "voluntary" compliance been taken too far.9 .
S:lPianlPladivIHistoriclround2.nts Page 2
Defir~itions .of Ma!orlMinor/Demos?
50% (of perimeter)(to define demolition)
Major alteration regs. Should be confined to areas visible from public right of
way? (VVhat about comer lots?)
Could the HRB have an open process to regulated homeowners ideas and
advise them in an unintimidating way?
Could the City have a revolving fund to help homeowners or to buy and
preserve a valued property?
Windows are the largest single issue.
Concems expressed about the issue of Voluntary_ .ComPliance with reviews and
recommendations on major alterations for resource list.
If homeowner disagrees with staff determinations, an agp_.e.p_J to HRB would be
advisable.
What triggers the delay process, and what is the process?
Can there be at least one more opportunity for public input? A Saturday
meeting? Set and stress parameters for comments. Staff might be in a good
position to emphasize the potential flexibility of the ordinance, with scenarios and
examples. ~- ~
S:lPlanIPladivlHistodclround2-nts Page 3
Historic Preservation Roundtable Meeting #2
December 15, 1998
Group 2 (Auxiliary Room)
.City_ Council - Positive Decisions
o Limit number of properties - 100-150.
o DR separated out - What will Council do for design review in next term?
o Strin_~ent i:dteda to limit number of properties.
o Gave responsibility to.HRB. Need to give more responsibility.
o Strongly education component - desire to building
¯Have =teeth" forlandmarks.
°Will be incentives for contributing structures.
¯Opportunity for education. Opportunity to be a thoughtful process.
City_ Council- Negative Decisions
¯Need to define cdteria carefully.
¯HRB plays too strong a role - need specific Criteria.
°HRB offered 7 opinions - negotiation vs. 1 staff person (can get stuck)
¯If I am in a historic district and new home, I am constrained (even minor
alteration). Mandatory ARB review and compliance = major remodel.
°If I am in a distdct should set benefits i.e, incentives.
°Too. much mandatory.
¯Delays =we needquick decisions" resource list - 30-60-90 days.
o Not comfortable to be in pot on resource list.
¯Property rights not respected.
¯Confusing decisions - various inter-related categories.
o Criteria selected - not national or California register but in between. "Best of
California Register". Needs to be spelled outesp. For District.
°Made less inclusive rather than none.
¯Need to maintain significant category - could regulate 2nd category differently.
°Staff given HUGE responsibility - look at things from resource list and staff
making decisions. HRB needs more involvement - 1 person should ggt have this
responsibility.
°In Historic District - should be 2 categories contributing and non-contributing.
o
o
o
Why doesn’t Dames and Moore report have details, not just lists? The narratives
take professionals - not funded yet. Want to know our status - get it over with.
Process is endless. Limbo with indefinite life, needs sunset limit = 1 year.
Why does it take so long to get evaluation?
I have a home on resource list. When will I know about my home? If landmark
S:lPlanlPladivIHistodclround2-r~s Page 4
0
0
0
o
®
0
0
status and what criteria?
Demolition - what does this mean?
We should have right to do with property with current zoning, until new zoning
approved.
Need more time with staff (Gall) needs to go to HRB.
Process for other homes - not on list - to be. nominated.
HRB - too many architects (pro preservation) new windows example.
(WI. Historic district) demolition on contributing, delay for I year and then can
demolish.
Earthquake/flood - what happens to house if ruined? Need hardship clause for
replacement. State of California has a process - can’t just red tag and take..them
down.
New histodc districts - use ~ % - support by neighborhood¯60-66%.
Survey other like communities.
What are incentives?’ Now 2 Mills Act - State law incentive Redwood City.
uPotential Eligibility" - define process and person for potential eligibility.
Incentives - lighting, plaques, underground utilities.
Clear definition for demolition.
Define process with times.
Develop flowchart.
View from public right of way
What does it mean to be on list?
Public forum - what will you do with lip?
Neighbor appeals re LIR Comp Plan.
J~.Jg..O.f..~ = Not design standards, educational role is good - to community,
need criteda - not personal (preferences). Theory is different than in practice. Is
HRB better than staff?.
Grey areas - need specific criteria. Note staff did have Dept. Of Interior
standards good.
What is ~ that makes a structure historic = what can homeowner/architect
decide? Windows, trellis - where does line stop?
HRB - sometimes composite motion doesn’t work for a property.
Incentives - should be the same be contributing and noncontributing o
proportional.
City should provide better incentives, better light~ underground utilities.
S:lPlanlPladivlHist°dclr°und2.nts Page 5
~all Group Comments from January_ 23, 1999 Public Forum.
The process to review aJterations to historic homes is too long. This means extra cost to
homeowners during processing. City should consider reducing or eliminating Building Permit
fees or other impact fees to compensate for this cost.
.The HRB should be directed to use a "common sense" approach in applying the Secretary of
Interior’s Standards.
Focus on protecting the facades of historically significant buildings. If not seen apply less
regulation.
Utilize professional staff in reviewing major alterations rather than the HRB.
Staff should be looking out for the interest of the individual property owner as well as the City’s.
.Need better coordination with other City Departments in reviewing project proposals.
Need real financial incentives to preserve historic properties. This should apply to the Resource
List and the Register. Such as using the Mills Act and returning any r~venue losses to School
District.
Any new additions to the register should be carefully considered. Not just any property should be
allowed even if it is voluntary.
More thought should be given to historic resource in the PAMF/SOFA plum.
Consider impacts to properties adjacent to historic properties in reviewing development
applications.
Need a strong majority of property owners in support to create any new historic district.
123comm.wpd