Title
Historic Preservation Ordinance Informational Workshop: The City of Alameda is proposing to update the Historic Preservation Ordinance, Alameda Municipal Code Section 13-21, to ensure that it reflects best practices in the field of historic preservation. The Historical Advisory Board will hold a public workshop to review the existing ordinance and discuss ideas for proposed revisions. No final action will be taken at this meeting. A public workshop to review and discuss amendments to the Historic Preservation Ordinance is not subject to environmental review under CEQA
Body
To: Chair Saxby and Members of the Historical Advisory Board
From: Allen Tai, Secretary to the Historical Advisory Board
Date: October 1, 2020
BACKGROUND
The Historic Preservation Ordinance (AMC Section 13-21 <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHXIIIBUHO_ARTVIIHIPR>) was last updated in 2003. Several attempts to update the ordinance have occurred over the years, with the most recent effort taking place in 2012-2013. Unfortunately, the ordinance revisions have been on hold since mid-2013 due to limited staff resources and changes in City of Alameda (City) priorities. Recently, the City received an application to amend the Historic Preservation Ordinance (Ordinance) to adopt the Mills Act program, which is a property tax incentive program under state law. As part of the review of that request, staff believes this is an appropriate time to resume work on the ordinance update such that the Mills Act can be considered as part of larger update to the Historic Preservation Ordinance.
The purpose of this memorandum is to provide a brief overview of the information to be presented to the Historical Advisory Board (HAB) on October 1st. That HAB meeting will serve as a “kick-off” to update the Historic Preservation Ordinance. Staff will review the existing ordinance with the HAB and summarize previous work to update the current Historic Preservation Ordinance. The staff presentation will also cover current best practices in the field of historic preservation. Depending on the direction given to staff at this meeting, subsequent HAB meetings will be scheduled to review and discuss any proposed ordinance amendments in more detail. The goal of the Historic Preservation Ordinance Update is to ensure that it reflects current preservation priorities in Alameda using best practices in the field of historic preservation.
DISCUSSION
The Historic Preservation Ordinance is codified in Chapter XIII of the Alameda Municipal Code. This Chapter contains regulations pertaining to building and housing standards for Alameda. Article VII of this Chapter contains the provisions for historic preservation as outlined below:
ARTICLE VII. - HISTORICAL PRESERVATION
13-21 - PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES
13-21.1 - Purpose.
13-21.2 - Definitions.
13-21.3 - Duties of the Historical Advisory Board.
13-21.4 - Procedure for Designation of Historical Monuments.
13-21.5 - Procedure for Preservation of Historical and Cultural Monuments.
13-21.6 - Designation of Historic Signs.
13-21.7 - Interim Review.
13-21.8 - Acquisition of Property and Money Restricted.
13-21.9 - Applicability of State Code(s).
13-21.10 - Penalties.
Current Ordinance
The current Historic Preservation Ordinance consists of a basic framework that establishes the HAB as the primary decision-making body having oversight on alterations and demolitions of certain historic resources. These include Historic Monuments (including two historic districts), Coast Live Oak trees, historic signs, and any structure built prior to 1942. Over time, administrative procedures developed by the HAB supplemented topics not stated in the Ordinance. For example, it became standard practice for the HAB to review alterations to contributors in historic districts that did not result in the same original appearance. The HAB also delegated the review of demolition and replacement of accessory buildings, such as garages and sheds, as well as tree removals to the Secretary of the Board for staff level review. This was a decision to streamline processing and reduce costs for property owners on more routine items. The Ordinance also prescribes penalties for illegal demolition of historic resources, but does not establish procedures and criteria for special considerations.
Tools to Consider
Compared to historic preservation ordinances in other cities, the current ordinance lacks sufficient range in preservation matters, especially tools in the City’s preservation “toolbox” such as incentives and penalties. As part of the Ordinance update, staff would like the HAB to consider best practices that could be included in the Ordinance. It is important to understand that historic preservation needs are unique in every community, and while referencing practices in other cities can provide useful insight to best practices, Alameda must decide on what is appropriate for the City. Some examples include the following:
• The role of HAB and staff in different situations
• Memorializing existing procedures and practices
• Preservation Incentives - e.g., Mills Act program eligibility criteria
• Criteria for economic hardship considerations
• How to apply enforcement and penalties
• Establishing performance standards such as maintenance and upkeep
• Defining what resources are subject to the California Environmental Quality Act
• Procedures for natural disaster and emergency situations
• Procedures to ongoing identification and protection of historic resources
• Other topics not currently covered
Previous Work
In 2012-2013, the HAB reviewed several sections of draft amendments pertaining to the purpose and definitions sections of the Ordinance. The HAB also gave preliminary endorsement for the description of its role and nomination criteria for historic monuments. Staff plans to reuse this previous work as a baseline for this Ordinance update. It is staff’s opinion that codes that are complex and unclear often lead to misinterpretation and confusion. As a result, part of staff’s focus will be to ensure that the updated Ordinance provides sufficient clarity and ease of use.
ENVIRONMENTAL DETERMINATION
A public workshop to review and discuss amendments to the Historic Preservation Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA).
RECOMMENDATION
Hold a public workshop to review the current Historic Preservation Ordinance and provide direction to staff on proposed amendments to the Ordinance.
Reviewed By,
Andrew Thomas,
Planning, Building and Transportation Director