Title
Consideration of a Resolution Authorizing the Secretary to the Board to act on Certificate of Approvals for projects that result in the removal of more than 30% of the value of a structure built prior to 1942, pursuant to Alameda Municipal Code Section 13-21.7, but do not involve resources, currently listed or eligible to be included, on the Historical Buildings Study List. The adoption of this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(5), because the activity approved by this resolution neither commits the City to implement any specific project nor will it result in direct or indirect physical changes in the environment.
Body
Honorable Chair and
Members of Historical Advisory Board
Allen Tai, Secretary to the Board
December 7, 2017
Consideration of a Resolution Authorizing the Secretary to the Board to act on Certificate of Approvals for projects that result in the removal of more than 30% of the value of a structure built prior to 1942, pursuant to Alameda Municipal Code Section 13-21.7, but do not involve resources, currently listed or eligible to be included, on the Historical Buildings Study List. The adoption of this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(5), because the activity approved by this resolution neither commits the City to implement any specific project nor will it result in direct or indirect physical changes in the environment.
BACKGROUND
In recent years, the Historical Advisory Board held public hearings to consider Certificates of Approval on projects that triggered the demolition threshold for pre-1942 buildings, but the projects often involved structures that clearly have no historical merit and were not eligible for the Historical Buildings Study List. The Historical Advisory Board holds public hearings for no more than five such applications per year.
On October 5, 2017, the Board asked staff to examine whether projects that triggered a Certificate of Approval by definition, but clearly did not involve a historic resource, can be approved by the Board Secretary without a public hearing. The Board’s intent was to streamline the review process by reducing processing time and associated costs to applicants and the City.
DISCUSSION
This subject relates to several provisions in the City’s Historic Preservation Ordinance in Chapter 13 of the Alameda Municipal Code (AMC):
AMC section 13-21.7(a) states:
“Any building that was constructed prior to 1942 shall not be demolished or removed without the approval of a certificate of approval issued by the Historical Advisory Board. The age of the building shall be determined by a review of the City records.”
AMC section 13-21.2 states:
“Demolition shall mean the removal within a five (5) year period of more than thirty (30%) percent of the value of any designated structure or building, as determined by the Building Official.”
AMC section 13-21.5(d) states:
“Delegation of Powers. The Historical Advisory Board may by resolution delegate its review powers on specific projects, or categories of projects, to the Board Secretary upon making the specific finding that such delegation is necessary to facilitate and streamline the review process, and after approving appropriate guidelines to be followed by the Board Secretary.”
Current Process:
The situations where Certificate of Approval applications are required often involve homeowners wanting to expand their homes to add additional living space. Rarely do such projects involve a complete demolition of the existing building. Under the current process, a homeowner must apply for a Certificate of Approval when attempting an addition to a pre-1942 home where construction of the addition would result in removal of 30% of the present value of the existing structure. This determination is made by the Building Official upon a review of the demolition plan for the project.
It is common with small homes and small lots where an addition, especially on the second story, requires the removal of the existing roof and sections of perimeter walls even when the front of the home, which is most visible from the public view, is undisturbed. The current process requires the Board to approve these applications, thereby subjecting applicants to a public hearing. The public hearing process inherently adds a minimum of 30 days to the processing time due to monthly scheduling for Board meetings and public noticing requirements. An additional cost of $1,500 is also incurred by the applicant to cover the extra requirements for public hearings, such as public noticing, legal ad, staff report writing and the overhead costs of the actual hearing. It is important to note that the cost for a Certificate of Approval is in addition to the application fees for Design Review and Building Permit, which are required for all exterior alterations in Alameda. The Design Review process is under the purview of the Planning Board, which means in some cases applicants must bear the cost of their projects being heard by both hearing bodies.
Proposed Process:
The preservation ordinance allows the Board to delegate some of its powers to the Board Secretary for permit streamlining. In previous years, the Historical Advisory Board has already authorized the Board Secretary to approve Certificates of Approval for demolition of non-historic accessory structures and the removal of problematic Coast Live Oak trees. These applications are reviewed administratively by staff and approved by the Board Secretary after a 10-day public notice period. The proposed process for demolition of non-historic buildings would mirror the same procedures with staff reviewing the Certificate of Approval application, notifying the neighbors and reporting results to the Board. The decision would be made by the Board Secretary without the need for a public hearing. The category of projects delegated to the Board Secretary would be limited to those structures that are old enough to meet the 1942 construction date threshold, but are clearly not historic resources. The draft resolution contains required findings that allow the Board Secretary to properly screen projects to identify potential historic resources (Exhibit 1).
Allowing these applications to be reviewed by the Board Secretary is more convenient for applicants and reduces their permit expenses. Applications may be processed at any time, instead of at a monthly public meeting before the Board; neither a staff report nor is a public meeting required, which reduces staff time needed to process the applications. Delegating this review authority to the Board Secretary would not affect public input opportunities, because these applications will still require public noticing to the neighbors, and all actions of the Board Secretary are appealable and may be called for review by any member of the Board within 10 calendar days of the decision.
ENVIRONMENTAL REVIEW
The adoption of a resolution to delegate review authority to the Secretary of the Board is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(5), because the activity approved by this resolution neither commits the City to implement any specific project nor will it result in direct or indirect physical changes in the environment. All future Certificate of Approval applications will be reviewed individually according to the requirements under CEQA.
RECOMMENDATION
In order to streamline the application process and reduce permitting costs for Alameda homeowners and businesses, staff recommends the Historical Advisory Board delegate review and approval of applications that involve demolition of pre-1942 buildings to the Board Secretary pursuant to the guidelines outlined in the attached resolution.
RESPECTFULLY SUBMITTED BY:
Allen Tai,
Planning Services Manager
Exhibit:
1. Draft Resolution