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 Board
Date: March 4, 2021
BACKGROUND
In recent months, the Historical Advisory Board (Board) held public workshops to discuss updates to the Historic Preservation Ordinance (AMC Section 13-21 <https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHXIIIBUHO_ARTVIIHIPR>). To date, the Board has given staff direction on amendments to the introductory sections including Sections 13-21.1 Purpose, 13-21.2 Definitions, and 13-21.3 Duties of the Historical Advisory Board (Exhibit 1).
For the March 4th workshop, staff recommends the Board discuss three topics identified as key issues for the ordinance update:
1. Definition of “Demolition”
2. Certificate of Approval and Design Review processes
3. Historical Buildings Study List/ Historic Resources Inventory
The discussion would inform amendments to the “Interim Review” section of the preservation ordinance (AMC Section 13-21.7), which primarily contains the provisions affecting the Certificate of Approval process for the Board’s purview over pre-1942 buildings and those resources on the Historical Buildings Study List (HBSL).
No formal action of the Board is requested at this time. The Board will be asked to make a formal recommendation to the City Council after review and discussion of the entire set of proposed Historic Preservation Ordinance amendments.
DISCUSSION
1. Definition of “Demolition”
The current definition of “Demolition” (AMC Section 13-21.2) has been subject to much debate since the current definition was adopted in 2004:
“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.”
The definition is essentially a threshold for determining when a project requires a Certificate of Approval. The current definition describes more than the basic act of demolishing a building, and it responds to concerns that an improvement to a building, such as a room addition, can actually alter the building character and compromise important historical features. When a proposed improvement to a building meets the 30% threshold, the project is deemed a “demolition,” and AMC Section 13-21.7 requires approval of a Certificate of Approval by the Board.
Past discussions of this definition have focused around the idea of expanding it to include removing architectural features and key exterior components that affect building appearance. Here is an example discussed at a recent workshop:
“Demolition shall mean any one of the following:
a. Removal of more than fifty percent of the surface of any two exterior walls, except for replacement in kind.
b. Enclosure or visual obstruction of more than twenty-five percent of the exterior wall(s) of any building so that the wall(s) no longer function as exterior wall(s).
c. Removal of more than fifty percent of the roof surface area as measured in plain view, except for the replacement of roof surfaces in kind or replacement to match original roof surfaces.
d. Any alteration that, in combination with other alterations within the preceding five years, will represent a change as defined in one or more subsections above.
e. Relocation of any building or other resource within the site or to another site.”
Staff believes expanding the definition to include various types of alterations actually raises the question of the Board’s purview over alterations to historic structures in general. Currently, review for building alterations fall within the scope of the Design Review Ordinance (AMC Section 30-36), which assigns responsibility to staff with Planning Board oversight. As an alternative to revising the definition of the term “Demolition”, the Board could reconsider its role in the review of alterations to historic resources. Therefore, staff recommends the Board first consider its role in the review of alterations to historic resources, which would assist in discussions regarding potential revisions to the definition of “Demolition”.
2. Certificate of Approval and Design Review Processes
Application Review Process
Currently, the Design Review Ordinance serves as the primary set of rules governing alterations to building exteriors in Alameda. Permit applications involving changes to the building exterior are first screened by staff to determine whether Design Review is required. Projects requiring Design Review are reviewed and approved by staff after public notice. Staff decisions on Design Review applications are reported to the Planning Board, and the Planning Board has authority to call for review staff decisions. Members of the public may also file an appeal of a staff decision. Projects that are appealed or called for review are then scheduled for public hearing by the Planning Board.
In instances where staff determines that a Design Review project meets the current definition of Demolition, the project is first scheduled for hearing by the Historical Advisory Board for Certificate of Approval. The Board’s consideration of the Certificate of Approval occurs prior to the staff decision on Design Review.
In practice, when considering a Certificate of Approval, the Board is often commenting on the merits of the design and considering whether the proposed work is sensitive to any of the building’s character-defining features. In staff’s opinion, the Historical Advisory Board has been conducting “design review,” and Board comments on the project are often incorporated into subsequent revisions or conditions of approval for the Design Review application. The Board is also qualified to perform architectural review due to the professional qualifications of the Board membership consisting of two licensed architects and one licensed contractor.
Findings for Approval
The main difference between a Design Review approval and a Certificate of Approval are the findings that required for both types of applications. Design Review findings address consistency with zoning regulations and adopted policy documents, neighborhood compatibility, and design guidelines, as follows:
“AMC 30-37.5 - Findings.
To grant Design Review approval, the following findings must be made:
a. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
b. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses; and
c. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.”
The Certificate of Approval findings are the Secretary of the Interior’s Standards:
“AMC 13-21.5.b - Certificate of Approval.
1. Alterations. The Historical Advisory Board shall determine whether to issue a certificate of approval for repairs and alterations…, with or without conditions of approval, based on whether plans and specifications meet the standards established by the Historical Advisory Board and the Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings.
2. Demolition. The Historical Advisory Board shall determine whether to issue a certificate of approval for demolition, with or without conditions of approval, based on whether it finds that the Historical Monument [or other historic resource] no longer meets the criteria therefore, or has become a detriment to the community and that the condition making it a detriment cannot readily be cured.
3. Removal. The Historical Advisory Board shall determine whether to issue a certificate of approval for the removal, with or without conditions of approval, based on whether it finds that the site to which the Historical Monument [or other historic resource] will be moved contains the appropriate architectural or cultural context….”
When a pre-1942 building that is not on the Historical Buildings Study List is considered for Certificate of Approval, the findings are based on whether the pre-1942 building meets criteria for historic designation.
Consideration of the Board’s Role
In terms of the Board’s role, staff believes there are several options for consideration:
Option 1: Maintain Status Quo - Under the current ordinance, the Board will continue to issue Certificates of Approval for any alteration to Historical Monuments. The Board will also continue to issue Certificates of Approval for all projects that meet the definition of a “Demolition,” as such term may be amended from time to time. Under this option, staff recommends the Board consider further streamlining the review process by considering delegating additional review responsibility to staff, such as pre-1942 buildings that are not eligible for any national, state or local criteria. The Board retains call for review responsibility over Certificate of Approval decisions delegated to staff (e.g., accessory building demolitions and tree removals). Staff decisions are also appealable to the Board by members of the public. Design Review will occur separately according to current rules and process under Planning Board purview.
Option 2: New Definition for Major Alterations - Under this option, the Board would establish a new definition for Major Alteration and require such projects to obtain a Certificate of Approval prior to Design Review approval. In addition, the Design Review findings would be amended to include one or more additional findings that address historical sensitivity and to ensure that Design Review approvals are consistent with a Certificate of Approval for Major Alterations. The Historical Advisory Board and Planning Board would both retain their authority and oversight of the Certificate of Approval and Design Review process, respectively.
Option 3: Expand the Board’s Purview to Include Design Review - Under this option, the Board will expand its purview to include alterations to all pre-1942 buildings and those on the HBSL. Essentially this requires amending the Design Review Ordinance to shift responsibility from the Planning Board to the Historical Advisory Board. Staff envisions no changes to the existing Design Review application process where applications are reviewed and approved by staff. The exception would be that an appeal or call for review of a staff decision would be heard by the Historical Advisory Board instead of the Planning Board. The Planning Board retains its design review purview over all exterior building alterations outside of a historical context (post-1941 and non-HBSL sites). This option will require input by the Planning Board as well as their recommendation to the City Council to modify the Design Review Ordinance. Staff anticipates this option to require the addition of new Design Review findings that specifically address historical contexts.
Staff recommends the Board review and consider these options and give direction to staff to further develop details to include in the preservation ordinance amendment. Next steps may require staff to solicit input from the Planning Board.
3. Historical Buildings Study List (HBSL)/ Historic Resources Inventory
The Historical Buildings Study List was created based on surveys performed in the late 1970s. The survey was based on field observation of potential structures in existing residential neighborhoods on the main island and concluded with surveys of commercial buildings in the early 1990s. The HBSL was created with the understanding that further study will be required to verify whether the individual resources listed are eligible for inclusion on a national, state or local historic resources inventories.
The HBSL is a preliminary survey containing over 4,000 buildings, and “should not be considered a final product, but rather a valuable tool in ongoing process of identification, evaluation and preservation of Alameda’s architectural and historic resources.” (Historic Preservation Element.) The HBSL serves an important function for providing a screening mechanism for reviewing alterations to historical and architecturally important buildings in the city. However, staff has discovered many examples of HBSL buildings that appear questionable as to their historical or architectural merit. The HBSL includes a combination of obvious architectural marvels and those that warrant further evaluation, as well as buildings that appear questionable for any historic designation.
It is important to note that the State Office of Historic Preservation establishes procedures for formal documentation of historic resources. Resources that have been reviewed and verified are documented using the state-issued DPR-523 historical resource documentation form which are archived in the California Historical Resources Information System (CHRIS). Of the approximately 4,000 resources on the HBSL, roughly 700 have been verified are documented and archived in CHRIS.
Generally, historic resources that are verified and included on a local Historic Resources Inventory are subject to protection under the California Environmental Quality Act (CEQA). However, keeping unverified resources mixed with verified resources on the same inventory creates confusion and additional procedural requirements.
Staff recommends the Board officially designate a new Historic Resources Inventory, which would serve as the City’s local register of historical resources and include Historic Monuments, historic districts, and the approximately 700 properties on the HBSL that have been verified, documented, and archived in the State CHRIS system. All other properties remaining on the HBSL would continue to be listed on the Historical Buildings Study List, which will serve as a study list and retain all existing protections afforded under the Historic Preservation Ordinance. Staff also recommend that the HBSL be maintained and updated by staff.
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
Staff recommends the Historical Advisory Board hold a public workshop to review and comment on the proposed amendments to the Historic Preservation Ordinance.
Reviewed By,
Andrew Thomas,
Planning, Building and Transportation Director
Exhibit:
1. Draft of Introductory Sections to AMC 13-21 (Purpose, Definitions, Duties)