01-18-2005 - Update on Historic Preservation Program• City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council ITEM NO. I-3
FROM: Douglas N. McIsaac, Planning Director DATE January 18, 2005
SUBJECT: UPDATE ON HISTORIC PRESERVATION PROGRAM
RECOMMENDATION:
Staff recommends that the City Council receive and file this report.
DISCUSSION:
On January 4, 2005, Councilmember Hernandez requested an update report on the status of
the proposal to establish a historic preservation program for West Covina.
On December 21, 2004, the Council was presented with a report regarding possible options
for establishing a historic preservation program. The Council expressed support for the
concept of developing a program and adopting a historic preservation ordinance; however,
no decisions were made regarding the details of such a program. Rather, the Council
wished to receive further information regarding the various components of the program,
including conducting a historic survey, preparing and implementing a historic preservation
ordinance, and offering incentives for historic preservation.
Direction was given to hold a joint workshop meeting of the City Council and the Planning
Commission to discuss this information and give further direction to staff. At this time, a
date for the joint Council/Planning Commission meeting has not yet been scheduled. Staff
would suggest that this could be done in the next 30 to 60 days to provide adequate time to
prepare the information requested by Council. There is a fifth Tuesday on March 29 that
could be used for this meeting that would keep with the Council and Planning
Commission's regular meeting day, or another date could be selected if it was desired to
hold this meeting sooner.
At the conclusion of the joint meeting, staff would envision receiving more specific
direction from the Council and Planning Commission regarding the components of a
historic preservation program. Staff would then prepare a work program for preparing,
adopting, and implementing the program, including identification of associated costs.
Douglas N. McIsaac
Planning Director
Attachment: ' City Council report dated December 21, 2004
Z:\City Council\SFRPTSDM\Hist.Pres.Update.1.18.05.doc
*ATTACHMENT 1 * City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council ITEM NO. E-3
FROM: Douglas N. McIsaac, Planning Director DATE December 21, 2004
SUBJECT: PRESERVATION OF HISTORIC RESOURCES
RECOMMENDATION:
Staff recommends that the City Council provide policy direction to staff regarding
interest in establishing a program to encourage the protection of historic resources in the
City of West Covina.
DISCUSSION:
On November 23, 2004, the Planning Commission considered a proposal to subdivide a 1.6-
acre lot at 2544 E. Cameron Avenue (southwest corner of Cameron Avenue and Citrus
Street) into four lots and build four new large single-family homes. As part of this proposal,
the existing single-family home on the lot was originally proposed to be demolished. The
existing home is a 4,100-square foot, one-story Spanish Mediterranean style home that was
built in 1936.
At the Commission meeting, a letter was submitted by Mariam Tennant of the West Covina
Historical Society referencing the historical significance and value of the home. Ms.
Tennant and a number of other residents from the area also testified at the meeting that they
were very concerned and objected to the loss of the historical home.
The Commission stated concerns regarding the loss of the historical home and size of the
homes proposed to be built and voted to continue the matter to allow an opportunity to the
applicant to address these issues. It was suggested that the applicant consider preserving the
existing home by relocating it one of the four proposed lots and reducing the size of the
other proposed homes to make them more in scale with the surrounding area. The applicant
is now in the process of doing this and it is expected to bring back a revised proposal in
January 2005.
This development proposal has, however, brought attention to the fact that the City currently
does not have any. program or mechanism in place to help encourage the preservation of
remaining historical homes on large lots and buildings.
Historic Resources in West Covina
West Covina is not what would generally be thought of as an "old" city with a large
concentration of historic homes and buildings. Until the post-war building boom of the
1950's, West Covina was mostly comprised of farms, ranches and rural homes and
businesses dotted across a rural landscape. West Covina therefore does not have any
concentrated centers or neighborhoods of older historical homes like the nearby cities of
Covina and Azusa. Because of this, remaining historical homes and buildings in West
Covina are relatively limited in number and scattered across various locations within the
City.
The basic criteria for what is considered to be a significant historic resource is that the home
or building be representative of the City's history, culture, and development, which is
generally reflected in the character, design, and architecture of the building. Other common
criteria include that the building is associated with a well-known or noteworthy person or
family, or that the building or property represent a notable landmark or visual feature within
the community. In this regard, the significance of a historic home or building is generally
evaluated within the context of the community in which it is located and how it relates to the
history and culture of that community.
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Historic Preservation
December 21, 2004 — Page 2
To staffs knowledge, no comprehensive survey has been conducted of historical homes and
buildings remaining in West Covina. As there was not a large concentration to start with, it
is roughly estimated that the number might be in the magnitude of 75 to 100.
Local Historic Preservation Programs
The obvious intention of an historic preservation program is to promote and encourage
preservation of historic resources within the community and to further encourage that:these
resources be maintained in keeping with their original integrity for the enjoyment and
cultural' enrichment of the community. The biggest challenges to doing this successfully
probably boil down to two main circumstances: (1) the large majority of historic homes and
buildings are privately -owned and their preservation are subject to the whims and desires of
their owners; and (2) historic homes and buildings, due to their size, age, and design, are
often not up to contemporary standards to suit the needs of owners for residential or
business purposes.
In light of this, historic preservation programs can utilize a "carrot" or a "stick" approach.
The "carrot" approach entails the use of various incentives geared and designed in some
way to make historic preservation more feasible and attractive. The "stick" approach entails
the adoption of certain types of regulations geared toward causing the preservation historic
resources.
The large majority of local preservation programs involve some combination of both
incentives and regulations. While preservation programs among cities can vary widely, if a
preservation program were developed for West Covina, staff would envision that it would
(at least initially) be relatively simple in scope and more likely to stress voluntary
participation and incentives over onerous regulations and mandatory participation.
Listed below are some of.the more basic components of a basic local historic preservation
program.
Historic Survey
As previously stated, a comprehensive survey has never been undertaken of remaining
historic resources in West Covina. A historic survey, which is conducted according to
standards established by the State Office of Historic Preservation (OHP), serves to identify
resources that do exist, and document the source of their value and significance as a historic
resource. In establishing a base line of resources within the community, a survey serves as
the fundamental building block for a preservation program.
Preservation Ordinance
The large majority of local preservation programs include the adoption of a local
preservation ordinance. While they can vary in scope, typically a preservation ordinance
provides for the designation of individual homes and businesses as local landmarks and
areas of historic resources as historic districts. Landmarks and districts and then subject to a
special review process to ensure that alterations to designated buildings are done in keeping
with their historical integrity. The designation process can either require nomination by the
property owner, only done without property owner objection, or can be done without owner
consent or objection. In the late 1990's, a preservation ordinance for West Covina, was
actually drafted, but was never adopted. A copy is attached to this report.
Implementation of California Environmental Quality Act (CEQA)
Preservation of historic resources is one of the issues that are to addressed under the
environmental review of development projects. At least one city, Rancho Cucamonga, has
used the CEQA review process as an effective tool to encourage the preservation of historic
resources. Where sites for development projects support a historic building, the project is
generally required to undergo an environmental impact report (EIR) unless the historic
building can be preserved. In many cases, developers have voluntarily elected to preserve
the building in question rather than go through the time and expense of an EI R.
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Historic Preservation
December 21, 2004 — Page 3
Incentives
Realizing that many property owners may need some incentive to preserve a historic home
or building to at least partially compensate them for their potential economic loss, most
preservation programs attempt to extend or make available such incentives. These
incentives are many and varied, but listed below are some of the more basic incentives:
1. Mills Act - This is a State law that provides a property tax reduction to properties
supporting historic resources and exchange for a guarantee that home or building will be
preserved for the duration of the contract in keeping with its original integrity (see summary
attached). A key requirement, however, is that the property in question must be formally
designated or listed on a federal, state, or local register (not just a survey). Therefore, West
Covina could only utilize the Mills Act if the building were designated as a landmark under
a City preservation ordinance or having the property placed on a state or federal register.
2. Historic Building Code - The State has adopted a historic building code that allows
additions and renovations to historic buildings to be undertaken under different standards
than the Uniform Building Code. These standards do not affect safety, but allow for work to
be done at less cost and expense.
3. Preservation Ordinance Incentives - A preservation ordinance can also build in its own
incentives to landmark designation, such as qualifying for certain deviations from normal
zoning standards or allowing historic buildings to be used for adaptive reuse (e.g. an historic
house used as a restaurant) without meeting normal zoning standards.
4. Other Miscellaneous, Grants, Tax Credits, Etc. - As stated, there are numerous other
state and federal programs that can be used to help promote historic preservation. Most of
them are for specific purposes and only certain types of buildings may qualify. But these
programs do provide additional resources as a historic preservation program may continue
to develop and grow.
FISCAL IMPACT:
There would be some costs associated with the creation and implementation of an historic
preservation program. One initial "hard" cost would be the preparation of a historic
survey and context statement. Current staff would not have the sufficient resources or
expertise to undertake this without outside assistance as the preparation of a
comprehensive survey requires substantial field and document research, documentation,
and completion of requisite forms. A rough cost estimate is $20,000 to $40,000, although
it may be less considering the limited number of historic buildings in West Covina.
There is also an opportunity to receive matching grant funds from the State Office of
Historic Preservation to pay for half the cost of a survey. Developing the other
components of a simple preservation program (e.g. drafting a preservation ordinance)
could be undertaken by staff, but ongoing implementation costs would need to be
evaluated in terms of staffing requirements.
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Historic Preservation
December 21, 2004 — Page 4
ALTERNATIVES:
Alternatives available to the City Council include the following:
1. Receive and file this report.
2. Direct staff to undertake additional research directed toward the possibility of
conducting a historic survey and the development of a historic preservation
'ordinance and program.
3. Direct staff to prepare an interim urgency ordinance establishing a moratorium on
the demolition of historic resources until a historic survey, and ordinance can
developed and adopted.
Prepare: Douglas N. Mclsaac
Planning Director
Attachment 1: Draft Historic Preservation Ordinance
Attachment 2: Mills Act Summary
Z:\City Council\SFRPTSDM\Hist.Pres..doc
AJTACHMENT 1 0
DRAFT HISTORIC STRUCTURES
PRESERVATION ORDINANCE
A. To deter the demolition, destruction, alteration, misuse,
and neglect of architecturally interesting and significant
buildings which represent an important link to West Covina's past.
B. To safeguard the city's heritage, as embodied and
reflected in such resources;
C. To encourage public knowledge, understanding, and
appreciation of the City's past;
D: To foster civic and neighborhood pride and a sense of
identity based on the recognition and use of cultural resources;
E. To preserve diverse and harmonious architectural.styles
and design preferences reflecting phases of the City's history;
F. To identify as early as possible potential conflicts
between preservation of cultural resources and alternative land
uses and thereafter to integrate the preservation of cultural
resources and the extraction of relevant data from such resources
into public and private land management and development processes;
G. To recognize the propinquity of those buildings and
properties constructed prior to 1940 to the City's historical
beginnings. I
.
H. To designate "historical buildings/structures" and
"historical property" as defined in Public Resources Code S 5031,
Government Code Section 50280.1.
"Alteration" or "Modification" means any change, through
public or private action, of the significant physical features of
structures affected by this Ordinance. Such changes may be changes
to or modification of structure, architectural details, or visual
characteristics, grading,surface paving and the addition of new
structures, disturbance of archeological sites or areas, and the
placement or removal of any significant objects such as signs,
plaques, light fixtures, street furniture, walls, fences and steps
affecting the significant visual and/or historical qualities'of the
property.
"Architectural" is anything pertaining to the science,
art or profession of designing and constructing buildings.
"Certificate of Alteration' is a certificate issued by
the Administrative Review Board approving or -conditionally
approving plans, specifications, statements of work' for the
proposed alteration, restoration, rehabilitation, construction,
removal, relocation, or demolition, in whole or in part, of or to
a structure as defined here.
"Demolition" means any act or process that destroys in
part or in whole a structure.
"Exterior Architectural Feature" means the architectural
elements embodying style, design, general arrangement and
components of all of the outer surfaces. of an improvement,
including but not limited to the kind, color and texture of the
building materials and the type and style of all windows, doors,
lights, signs and other fixtures appurtenant to such improvement.
"Historic" or "Historic Resource" or "Historically
Significant" means "a structure, site or other artifacts of
architectural, artistic, cultural, engineering, aesthetic,
archeological, historical, political, or social significance or
value to the citizens of the City of West Covina, the state, or the
nation.
•
Draft Historic Structures Preservation Ordinance
Page 2
"Improvement" means any building, structure, place,
fence, gate, landscaping, tree, wall, parking facility, work of
art, or other object constituting...a physical feature of real
property, or any part of such feature.
"Object" means a material thing of functional, aesthetic,
cultural, symbolic, or scientific value.
"Ordinary Maintenance and Repair" -means any work, for
which a building permit is not required by law, where the purpose
and effect of such work is to correct or prevent any ongoing
deterioration of or damage to a structure or any part thereof and
to maintain the structure's condition or restore the same, to its
condition prior to the occurrence of such deterioration or damage.
"Preserve" means to identify, study, protect, restore,
rehabilitate or enhance a historic resource.
"Significant Feature"• means any of the person -made
elements embodying style or type of cultural resource, design, or
general arrangement and components of an improvement or structure,
including but not limited to, the kind, color, and texture of the
building materials, and the type and style of all windows, doors,
lights, signs, and other fixtures appurtenant to such improvement.
"Structure" is any building or.facility or portion.of a
structure of any kind or use reasonably believed to have been
constructed or.installed on or before December 31, 1940.
In addition to any -other functions set forth in this
Chapter 26 (Zoning) of the West Covina Municipal Code, the Planning
Commission shall review all proposals to demolish, alter,
reconstruct, rehabilitate, move, remove, or change the appearance
of any structure or portion of a structure.
fTM• :..NUMV. m
Notwithstanding and in addition to any other requirements of
this Ordinance, the West Covina Municipal Code or applicable law,
rules or regulation, it shall be unlawful 'for any person, to
demolish, alter, reconstruct, rehabilitate, move, remove, or change
the appearance of any structure or portion of a structure without
first obtaining a -Certificate, of Alteration issued by the
Administrative Review Board.
(A) Application. A person who desires to demolish, alter,
reconstruct, rehabilitate, move, remove, or change property, a
structure, or portion of structure shall
1. Submit a written request thereof to the Planning
Director. Said request shall at a minimum include a the following
information:
a. Property address.
b. Legal description.
C. Current and all previous owner information available.
d. Year constructed.
e. Original architect, if known.
f. Present and past use. .
g. Statement of proposed work.
h. Proposed plans and specifications.
2. In addition to the above, the applicant shall provide ,any
other information as determined necessary by the Planning Director
to assess the historical significance of the property or structure
on the basis of the following criteria:
a. It exemplifies or reflects special elements of the city's
cultural, social, economic, political, aesthetic, engineering, or
architectural history..
Draft Historic Structures Preservation ordinance
Page 3
b. It is identified with persons or events significant in
local, state, or national history.
C. It embodies distinctive aesthetic characteristics of a
style, type, period, or method of construction, or is a valuable
aesthetic example of the use of indigenous- materials or
craftsmanship.
d. It is representative of the notable aesthetic work of a
builder, designer or architect.
e. It has a unique location or singular physical
characteristics or is a view or vista representing an established
and familiar visual feature of .the City of West Covina.
f. It is similar to other distinctive structures based on a
historic, cultural, or architectural motif.
g. It reflects significant geographical patterns, including
those associated with different eras of settlement and growth.
h. It is one of the few remaining examples in the City,
region, state or nation possessing distinguishing characteristics
of an architectural or historical type or specimen.
3. The processing provisions (including but not limited to
timing requirements, fees, notices, .and appeals) contained in
Section 26-267. Review Board shall apply to the processing of an
application for a Certificate of Alteration.
(B) Environmental Review/Conditions.
1. If the structure meets any of the criteria set out in
Subsection (A) 2, the applicant. shall also complete an Initial
Study on the proposed project. The Planning Director shall
determine the level of CEQA review required.
2. As determined in the environmental review or as necessary
to meet the findings for approval, the Board may place conditions
as it deems appropriate on its approval. In addition, the Board
may suggest the development of a historical property contract as
set out in Government Code S 50280 et.seq.
3. Notwithstanding any other requirements of this Ordinance,
the West Covina Municipal Code or applicable law, rules or
regulations, the ARB may certify the environmental documentation
proposed with a Certificate of Alteration.
(C) Findings. Prior to the issuance of a Certificate of
Alteration, the Administrative Review Board may make the following
findings of fact:
(1) The proposed work does not involve a structure or
property which meets any of the above listed criteria.
(2) The proposed work with such conditions as may apply will
not 'adversely affect any exterior or significant architectural
feature.
(3) The proposed work with such conditions as may apply will
be compatible with. the external appearance of the existing
structure and other site improvements, if any.
(4) The proposed work with such conditions as may apply will
not alter or reduce the quality of an identifiable visual feature.
(D) Fees. The Planning Department may charge and collect from
the applicant the reasonable cost of processing the application,
CEQA review, report preparation, or other staff work.
Section 6. Exceptions.
Nothing in this Ordinance shall be construed to prevent the
Draft Historic Structures Preservation Ordinance
Page 4
ordinary maintenance or repair of any exterior architectural
feature that does not involve a change in design, material or
external appearance thereof. Nor does the ordinance prevent the
construction, reconstruction, alteration, restoration, demolition
or,removal of any such feature when the Building Officer certifies
to the Board that such action is required for the public safety due
to an unsafe or dangerous condition which cannot be rectified
through the use of the.California Historical Building Code.
SECTION 7. EXPIRATION OF CERTIFICATE OF APPROVAL.
A Certificate of Alteration shall, if not granted in
conjunction with another approval, expire within one (1) year from
the date of approval. Any request for an extension shall be
processed in the same manner as an application.
SECTION 8. PENALTY.
Violation of this Ordinance shall be a'misdemeanor and each
day of the violation shall be considered a separate violation.
Section 9. Severability.
If any provision of this ordinance is held invalid by a court
of competent jurisdiction, the remainder of the ordinance shall not
be invalid and shall be affected thereby.
PNTAC H M E N T 2 •
MILLS ACT - California Property Tax Abatement Program
Since 1972 the Mills Act, sponsored by Senator James Mills of Coronado, has provided
property tax relief to help preserve designated historic properties in California. It is a
permissive program subject to approval and adaptation by city and county governments.
In order to help rehabilitate and maintain qualified historic properties, the Mills Act program
allows for the voluntary creation of a contract between a private property owner and the city
or county to provide a reduction In property taxes. The property tax relief is calculated by
the county assessor using the capitalization of income method to reflect the Mills Act
restrictions placed on the property. Mills Act properties are subject to annual
reassessments by County Assessors which may result in slight increases in property taxes
each year.
ELIGIBILITY
A property must be a "qualified historic property," which is a privately owned property
(residential or commercial) not exempt from property taxation and is either:
• Listed individually in the National Register of Historic Places (NRHP) or as a contributor
to a NRHP District; or
• Listed in any state, county, city, or city and county official register of historical or
architecturally significant places, sites, or landmarks.
NOTE: City or county governments may apply a more limited definition of a qualified
historic property. For example, in Los Angeles only locally designated properties or
contributors to locally designated districts may participate.
PROVISIONS
The following items must be included in the language of the Mills Act contract; although
local historical ordinances may require other provisions:
• Contract is for a minimum of 10 years
• Any work to restore or rehabilitate the property must follow the Secretary of the Interior's
Standards for Rehabilitation and the California Historical Building Code
• Inspections as may be necessary to assure compliance with the provisions of the
contract
• Recognize that the contract is binding on successors in interest to the original owner
• Provisions for penalties for termination of contract
The local agency may charge a reasonable fee for administering the program. OHP must be
notified in writing within six months of entering into a contract. Subsequent contract
questions or cancellation may involve review by the California State Historical Resources
Commission.
FURTHER INFORMATION:
OHP Technical Assistance
Series #12
htto://www.oho.t)arks.ca.aov/default.asp?paae id=21412
State Incentives - 9 -