City Council Staff Report (2019-10-01)
City
Council
Report
TITLE: Public Hearing to Consider the Application of Linda Tsai to
Remove/Rescind (PLN2019-101) a Structure of Merit Commonly
Known as the Smith House from the City of Campbell Historic
Preservation Inventory, on Property Located at 74 N Second Street in
the R-1 (Single-Family Residential) Zoning District. (Resolution/Roll
Call)
RECOMMENDED ACTION
The Planning Commission and Historic Preservation Board recommend that the City
Council adopt a resolution, denying the request to remove/rescind the property from the
Historic Preservation Inventory.
ENVIRONMENTAL DETERMINATION
Staff recommends that the City Council find that this project is Statutorily Exempt under
Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to
projects which a public agency rejects or disapproves.
DISCUSSION
Project Site: The project site is located near the northeast corner of North Second Street
and Civic Center Drive, within the R-1-6 (Single-Family Residential) Zoning District
(reference Attachment 2 – Location Map). The property is developed with a single-
family residence, a designated Structure of Merit constructed in the 1930's in the Prairie
Style commonly known as the Smith House (reference Attachment 3 – Photographs).
According to the City's current Department of Parks and Recreation (DPR) form, the
home was the residence of the widow of Campbell High School’s first principal, Fred
Smith, the property's namesake (reference Attachment 4 – DPR Form). A 380 square-
foot rear addition and interior remodel, subsidized with a City rehabilitation loan, was
constructed in 1991.
Proposal: As permitted by the Historic Preservation Ordinance (CMC Sec.
21.33.060.D.1), the property owner has submitted a written request to rescind the
historic designation of the property for personal reasons (reference Attachment 5). No
other justification was articulated at the time Ms. Tsai submitted her request.
Item: 10
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: October 1, 2019
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Background: At its meeting of February 5, 2013, the City Council adopted Resolution
No. 11510, adding 14 properties to the Historic Resource Inventory (HRI), including the
subject property (reference Attachment 6). As discussed in the City Council staff
report, the Council approved designation of these properties based in part on the lack of
objection by the property owners (reference Attachments 7). It was the Council's
practice not to add a property to the HRI without the owner's consent. This practice has
now been codified in the new Historic Preservation Ordinance, which states that an
"owner(s) may withdraw his or her acceptance at any time prior to final approval of the
designation of the property." Moreover, it was the Council understanding that the same
process used to add a property to the HRI would be used to remove it should the
current or future property owner desire to do so.
HPB Review: The Historic Preservation Board ("Board") considered this matter at its
meeting of August 12, 2019 (reference Attachment 8 – Draft HPB Minutes). The Board
questioned the applicant as to the reasoning for her request. Ms. Tsai stated that she
was concerned that the historic status would lead to more costly maintenance
improvements and that it might limit her ability to modify the front porch posts. She also
questioned the historic value of the house. The Board commented that due to the age of
the house that maintenance cost would likely be higher irrespective of historic
designation. Specifically, older structures often used non-standard building materials
that may still require some degree of custom work to replace.
The Board reviewed the Secretary of the Interior’s standards in response to Ms. Tsai’s
request, similar to how they first reviewed the standards to add the property to the HRI.
After their review, the Board did not find that Ms. Tsai's request satisfied the findings for
removal from the HRI, as specified, below. Moreover, the Board touched upon the
broader goal of maintaining Campbell's historic heritage, stating that a small community
does not possess many historic structures and each one is important. By a 3-0-2 vote
(Board Members Blake and Moore abstaining due to proximity) the Board
recommended that the City Council not remove the subject property from the HRI.
Following the Board's meeting, Ms. Tsai provided follow-up letters further questioning
the historic value of her home and the process the City exercised in adding the property
to the HRI (reference Attachment 9).
Planning Commission Review: Ms. Tsai's request was reviewed by the Planning
Commission at its meeting of September 10, 2019. The Commission felt that there had
not been a change in circumstance since the property was listed that would warrant
rescission. Moreover, it was also observed that Ms. Tsai had been informed multiple
times that the City was considering designation and declined to "opt-out," as some other
property owners did. In particular, property owners received notices for HPB, Planning
Commission, and City Council meetings. As a result, the Planning Commission voted
unanimously to recommend that the City Council not grant the applicant's request
(reference Attachment 10 – September 10, Planning Commission Minutes). Following
the Commission’s meeting, Ms. Tsai provided an additional follow-up letter (reference
Attachment 11).
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ANALYSIS
Historic Preservation Ordinance: Rescinding a property's historic designation requires
the City Council, upon independent recommendations of the Board and Planning
Commission, to find that "based on substantial evidence and findings of fact in the
record that the resource no longer has historic value with respect to the designation
criteria." CMC Section 21.33.060.D.2 further states that "in the case of disagreement as
to the significance of a historic resource, a historic evaluation report and/or structural
report shall be required." Had the Board and Planning Commission made different
recommendations an historic resource evaluation report would have been required.
However, since both bodies recommended denial of the request, an evaluation is not
required.
The criterion for inclusion on the HRI is listed below. For the Council's reference, the
1977 and 1999 DPR forms are included as Attachments 12 and 13. Additionally, a
scoring sheet from 1997 is included as Attachment 14. Unfortunately, these documents
do not provide much background for which to evaluate the applicant's request. Only a
formal historic resource evaluation would provide a definite opinion as to historic
integrity. To what extent the subject property still satisfies the criteria, is a matter for the
Council to discuss and determine.
(a) The resource is associated with events that have made an important
contribution to the broad patterns of our history or cultural heritage;
(b) The resource is associated with the lives of persons important to our history;
(c) The resource yields, or has the potential to yield, information important to our
prehistory or history;
(d) The resource embodies the distinctive characteristics of a type, architectural
style, period, or method of construction;
(e) The resource represents the work of a notable architect, designer, engineer,
or builder; or
(f) The resource possesses significant artistic value or materially benefits the
historic character of the neighborhood, community, or city.
General Plan: The General Plan supports the preservation of historic structures in the
community, finding that it "promotes community identity, enhances the quality of life and
preserves a quality small town feeling." The Land Use Element and Conservation and
Natural Resources Element provide the following policies and strategies that may be
taken into account by the City Council
Strategy LUT-8.1a: Historic Buildings, Landmarks and Districts and Cultural
Resources: Preserve, rehabilitate or restore the City’s historic
buildings, landmarks, districts and cultural resources and retain
the architectural integrity of established building patterns within
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historic residential neighborhoods to preserve the cultural
heritage of the community.
Strategy LUT-8.1i: Altering or Demolishing Historic Resources: Establish
procedures, including identifying alternatives, for proposals that
significantly alter or demolish historic resources
Policy CNR-1.1: Historic Resource Preservation: Ensure that the City and its
citizens preserve historic resources as much as possible.
FISCAL IMPACT
The City Manager waived the $3,000 application fee for the rescission request.
However, should the Council approve the request no additional cost would be incurred
by the City.
ALTERNATIVES
If the Council is supportive of the applicant's request, the following action may be taken:
1. Adopt a Resolution (reference Attachment 15), approving the request to
remove/rescind the property from the Historic Preservation Inventory.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Paul Kermoyan, Community
Development Director
Approved by:
Brian Loventhal, City Manager
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Attachment:
1. Draft Resol (Deny)
2. Location Map
3. Site Photographs
4. DPR Form
5. Written Request
6. CC Resolution 11510
7. City Council Report, Feb. 5. 2013
8. Draft HPB Minutes
9. Applicant Follow-up Letters (Post-HPB)
10. September 10, 2019 Planning Commission Minutes
11. Applicant Follow-Up Letter (Post-PC)
12. 1977 DPR Form
13. 1997 survey
14. 1999 DPR Form
15. Draft Resol (Approve)
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RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL DENYING A REQUEST TO REMOVE/RESCIND
(PLN2019-101) A STRUCTURE OF MERIT COMMONLY KNOWN
AS THE SMITH HOUSE FROM THE CITY OF CAMPBELL HISTORIC PRESERVATION INVENTORY, ON PROPERTY
LOCATED AT 74 N SECOND STREET IN THE R-1-6 (SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICT. FILE NO: PLN2019-
101
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regards to file number PLN2019-101:
1. The project site is located near the northeast corner of North Second Street and
Civic Center Drive.
2. The project site is zoned R-1-6 (Single-Family Residential) Zoning District on the
City of Campbell Zoning Map.
3. The project site is designated Low Density Residential on the City of Campbell
General Plan Land Use diagram.
4. The project site is developed with a single-family residence, a designated Structure
of Merit constructed in the 1930's in the Prairie Style commonly known as the
Smith House.
5. At its meeting of February 5, 2013, the City Council adopted Resolution No. 11510, adding 14 properties to the Historic Resource Inventory (HRI), including the subject
property.
6. Pursuant to Campbell Municipal Code (CMC) Section 21.33.060.A, designation of
property as an historic resource requires written acceptance by the property owner,
such that the owner may withdraw his or her acceptance at any time prior to final approval of the designation of the property.
7. The owner of the subject property has submitted a request to rescind the historic
designation of the property, pursuant to CMC Section 21.33.060.D.1.
8. Pursuant to CMC Section 21.33.060.D, the City Council shall either approve or
deny the rescission request upon independent recommendations of the Historic Preservation Board and Planning Commission, based on substantial evidence and
findings of fact in the record that the resource no longer has historic value with
respect to the designation criteria.
9. The Historic Preservation Board considered this request at its meeting of August
12, 2019. After due consideration, the Board adopted Resolution No. 2019-04
10.a
Packet Pg. 258 Attachment: Draft Resol (Deny) (74 N 2Nd Street – HRI Rescission)
City Council Resolution Page 2 of 3 PLN2019-101 ~ 74 N Second Street
recommending that the City Council not rescind, but retain the historic designation of 74 N Second Street.
10. The Planning Commission considered this request at its meeting of September 10,
2019. After due consideration, the Commission adopted Resolution No. 4527
recommending that the City Council not rescind, but retain the historic designation
of 74 N Second Street.
11. The property owner's stated purpose for removing the property from the HRI is the
purported increased cost associated with maintaining the structure. However,
ageing structures must be maintained irrespective of their historical status.
Moreover, older structures often used non-standard building materials that
preclude use of contemporary standardized materials such that compliance with the applicable historic design guidelines does not increase the maintenance cost
for the home.
12. Maintaining the subject property on the Historic Preservation Inventory is
consistent with General Plan guidance that supports the preservation of historic
structures in the community, finding that it "promotes community identity, enhances the quality of life and preserves a quality small town feeling." The Land Use
Element and Conservation and Natural Resources Element provide the following
policies and strategies that have been taken into account by the City Council
Strategy LUT-8.1a: Historic Buildings, Landmarks and Districts and Cultural Resources: Preserve, rehabilitate or restore the City’s historic buildings, landmarks,
districts and cultural resources and retain the architectural integrity of
established building patterns within historic residential neighborhoods to preserve the cultural heritage of the community.
Strategy LUT-8.1i: Altering or Demolishing Historic Resources: Establish procedures, including identifying alternatives, for proposals that significantly alter or
demolish historic resources
Policy CNR-1.1: Historic Resource Preservation: Ensure that the City and its citizens preserve historic resources as much as possible.
13. The City Council has considered all evidence in the record and verbal testimony.
14. No substantial evidence has been presented which shows that the project, as currently presented will have a significant adverse impact on the environment.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
Designation Criteria (CMC Sec. 21.33.060.B.1):
1. The resource is associated with the lives of persons important to our history;
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Packet Pg. 259 Attachment: Draft Resol (Deny) (74 N 2Nd Street – HRI Rescission)
City Council Resolution Page 3 of 3 PLN2019-101 ~ 74 N Second Street
2. The resource embodies the distinctive characteristics of a type, architectural style, period, or method of construction; and
3. The resource possesses significant artistic value or materially benefits the historic
character of the neighborhood, community, or city.
Environmental Findings (CMC Sec. 21.38.050):
4. This action is Statutorily Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
THEREFORE, BE IT RESOLVED that the City Council denies a request to
remove/rescind (PLN2019-101) a Structure of Merit commonly known as the Smith
House from the City of Campbell Historic Preservation Inventory, on property located at 74 N Second Street.
PASSED AND ADOPTED this _______ day of ________________, 2019, by the
following roll call vote:
AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Richard M. Waterman, Mayor
ATTEST:
Wendy Wood, City Clerk
10.a
Packet Pg. 260 Attachment: Draft Resol (Deny) (74 N 2Nd Street – HRI Rescission)
188 This map is based on GIS Information and reflects the most current
information at the time of this printing. The map is intended for reference
purposes only and the City and its staff is not responsible for errors.
Location Map - 74 N 2nd St.
2,257Campbell IT, GIS Services
376
1:WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet
3760
Scale
10.b
Packet Pg. 261 Attachment: Location Map (74 N 2Nd Street – HRI Rescission)
10.cPacket Pg. 262Attachment: Site Photographs (74 N 2Nd Street – HRI Rescission)
10.cPacket Pg. 263Attachment: Site Photographs (74 N 2Nd Street – HRI Rescission)
10.cPacket Pg. 264Attachment: Site Photographs (74 N 2Nd Street – HRI Rescission)
DPR 523A (1/95) *Required information
Page 1 of 2 *Resource Name or #: Smith House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location
Map as necessary.) *b. USGS 7.5' Quad Date T; R ; ¼ of ¼ of Sec ; B.M. c. Address 74 N. Second St. City Campbell Zip 95008 d. UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: 279-41-048 *P3a. Description: (Describe resource and its major elements. Include design, materials,
condition, alterations, size, setting, and boundaries)
A Prairie style house, this one story residence has low sweeping lines that are emphasized
by prominent eaves and horizontal beveled lap siding carried beyond the wall surface onto
the front columns and porch. Symmetrical in plan, the entry porch sits in front of the
building envelope as an open terrace, framed by boxed posts and a low wall. The roof is
hipped and is covered with composition shingles; a smaller hip section projects over the
porch. A small cantilevered section of roof extends over the side door on the north
elevation. The eaves are prominent, boxed underneath, and are terminated with large gutters
with angled fronts, not likely original in design. The windows are double hung with six over
six pane sash. The front door is Craftsman in detail, containing six small windows embedded
within the field of the wood door at eye level. A side gable garage hugs the rear at the end
of a concrete drive. This well landscaped lot is framed with an open board fence with dog-
ear pickets. *P3b. Resource Attributes: (List attributes and codes) Single Family Residence
*P4. Resources Present:
Building Structure Object
Site District Element of
District Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Front Façade, 07/17/07 *P6. Date Constructed/Age and Source: Historic
Prehistoric
Both *P7. Owner and Address:
Linda L. Tsai *P8. Recorded by: (Name, affiliation, and address) Leslie A.G. Dill Architect 110 N Santa Cruz Ave. Los Gatos, CA 95030 *P9. Date Recorded: 4/1999 *P10. Survey Type: (Describe)
*P11. Report Citation: (Cite survey report and other sources, or enter "none.") Interview with
Mrs. Roberta J. Field (May 24, 1978) by Tom M. King. Initial survey notes compiled by Kathy Lewis (October 29, 1977). 1977-78 Survey. *Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photograph Record Other (List):
State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code
Other Listings
Review Code Reviewer Date
P5a. Photograph or Drawing (Photograph required for
buildings, structures, and objects.)
10.d
Packet Pg. 265 Attachment: DPR Form (74 N 2Nd Street – HRI Rescission)
DPR 523A (1/95) *Required information
*NRHP Status Code Page 2 of 2 *Resource Name or # (Assigned by recorder) B1. Historic Name: Smith House B2. Common Name: Smith House
B3. Original Use: Single-Family Home B4. Present Use: Same *B5. Architectural Style: Prairie Style *B6. Construction History: (Construction date, alterations, and date of alterations)
Estimated to be built, 1930’s.
*B7. Moved? No Yes Unknown Date: Original Location: *B8. Related Features: B9a. Architect: unknown b. Builder: unknown
*B10. Significance: Theme Architecture, Exploration/Settlement Area
Period of Significance Property Type Applicable Criteria
(Discuss importance in terms of historical or architectural context as defined by theme, period,
and geographic scope. Also address integrity.)
Mrs. J. Fred Smith lived here after her husband, who was Campbell High School’s first
principal, died in 1912.
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
See P11 B13. Remarks: *B14. Evaluator: See P8 *Date of Evaluation: See P9
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD
(This space reserved for official comments.)
10.d
Packet Pg. 266 Attachment: DPR Form (74 N 2Nd Street – HRI Rescission)
10.ePacket Pg. 267Attachment: Written Request (74 N 2Nd Street – HRI Rescission)
10.f
Packet Pg. 268 Attachment: CC Resolution 11510 (74 N 2Nd Street – HRI Rescission)
10.f
Packet Pg. 269 Attachment: CC Resolution 11510 (74 N 2Nd Street – HRI Rescission)
10.g
Packet Pg. 270 Attachment: City Council Report, Feb. 5. 2013 (74 N 2Nd Street – HRI Rescission)
10.g
Packet Pg. 271 Attachment: City Council Report, Feb. 5. 2013 (74 N 2Nd Street – HRI Rescission)
10.g
Packet Pg. 272 Attachment: City Council Report, Feb. 5. 2013 (74 N 2Nd Street – HRI Rescission)
10.g
Packet Pg. 273 Attachment: City Council Report, Feb. 5. 2013 (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board
REGULAR MEETING MINUTES
Monday, August 12, 2019 | 5:00 PM
City Council Chambers, City Hall, 70 N First St., Campbell, California
CALL TO ORDER
The Historic Preservation Board meeting of August 12, 2019, was called to order at 5:00
p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair
Foulkes, and the following proceedings were had to wit.
ROLL CALL
HPB Members Present: HPB Members Absent
Michael Foulkes, Chair None
Yvonne Kendall, Vice Chair
Susan Blake Staff Members Present:
Laura Taylor Moore Daniel Fama, Senior Planner
Todd Walter Corinne Shinn, Recording Secretary
APPROVAL OF MINUTES
1. Approval of HPB Minutes of July 24, 2019
Motion: Upon motion of Board Member Moore, seconded by Board Member
Kendall, the Historic Preservation Board minutes of the meeting of
July 24, 2019, were approved as submitted. (4-0-0-1; Chair Foulkes
abstained)
ORAL COMMUNICATIONS (ITEMS NOT AGENDIZED)
None
BOARD/STAFF ANNOUNCEMENTS, UPDATES AND REQUESTS
Planner Daniel Fama:
• Advised the HPB that a training session would occur at the next meeting on
September 25th. There are no hearing items to consider so this offers a good
opportunity for required training.
• Suggested that the HPB members send him any suggestions for topics off line.
• Added that he would also consult with Planner Cindy McCormick for suggestions.
• Concluded that likely the training would involve a webinar that can be viewed
together here at City Hall.
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Packet Pg. 274 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 2
Board Member Blake said that the California State Preservation Board conducts a
webinar between noon and 1:30 p.m.
Planner Daniel Fama said he would look into that.
Board Member Walter suggested using a previous training event so the entire HPB can
watch together. It is more difficult to schedule an additional specific time occurring
during the work week for all five members.
Board Member Blake announced that another historical profile article has been
published in the Campbell Express about Mayor Watson’s former home on Catalpa.
Board Member Kendall suggested have a sandwich board created to help introduce and
make the public aware of the availability of the HPB’s Walking Tour App. The sandwich
board sign can be displayed at community events including the weekly Farmers Market
in Downtown.
Board Member Moore advised that the City has a standing booth space at each
Farmers Market at Second and E. Campbell Avenue. It offers a space for public
outreach including Fire, Councilmembers, and other issues of interest to the community
coming from the City itself.
Planner Daniel Fama said he would investigate that.
Board Member Kendall suggested having members of HPB staff the booth when its sign
is being displayed there to answer questions.
Board Member Blake said that perhaps one person could even wear the sandwich
board sign.
Board Member Kendall reference the “pink house” that she is sure has a story behind it.
Board Member Blake said she must be referring to the home located at the corner of
Grant and Second.
PUBLIC HEARINGS
2. 74 N Second Street – HRI Rescission Request (Resolution/Roll Call Vote)
Public Hearing to consider the application of Linda Tsai to remove/rescind (PLN2019-
101) a Structure of Merit commonly known as the Smith House, on property located at
74 N Second Street, from the City of Campbell Historic Preservation Inventory. Staff is
recommending that this project be deemed Categorically Exempt under CEQA.
Planner Daniel Fama:
• Said that the property owner of 74 N. Second Street is asking that her home be
removed/rescinded as a Structure of Merit from the Historic Resource Inventory.
• Added that the request is detailed in the staff report.
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Packet Pg. 275 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 3
• Advised that there are required findings the HPB must make that would be opposite
to those findings that were made with the original action taken in 2013 to add this
home to the HRI.
• Stated that this issue would be forwarded on to the Planning Commission in
September. If the PC reaches a different recommendation than HPB, a history study
will be required. The Council will then consider and take final action.
Board Members Blake and Moore both advised that they would need to recuse
themselves from participating in Item No. 2 due to proximity to their respective homes to
the subject site. The left the dais and chambers.
Ms. Linda Tsai, Property Owner, 74 N. Second Street:
• Stated that she needs to be able to upkeep her home.
• Pointed out that the home was a rental prior to her purchase and was in bad
condition.
• Said that original details are missing and difficult to find replacements.
• Advised that the foundation is settling, which she has been told is normal, but leaves
the house appearing slated in one direction as seen from the frontage.
• Stated that she can do a better job of repairs at a lower cost if this home is not
included on the HRI.
• Added that she feels like her hands are tied with her home being on the HRI and she
is asking to be removed.
• Admitted that she has no specific plans right now.
• Reported that in 1991 and addition was made to the home and new double paned
windows installed throughout.
• Stated that this home is not really that historic at this point.
• Opined that since Mrs. Smith was widowed when she lived in this home as a renter
that doesn’t significantly connect this home to the Smiths.
• Concluded that she is doing what she can with her limited resources to improve her
home.
Board Member Kendall asked Ms. Tsai if she has brought forth any potential upgrade
plans to the City for review.
Ms. Linda Tsai replied no. She said she would have to hire a designer or architect and
it is possible that she would not be able to go forward with those added costs.
Board Member Kendall asked how long Ms. Tsai has owned this home.
Ms. Linda Tsai said she bought it on April 25, 1987.
Board Member Kendall said that means she hadn’t done the addition.
Ms. Linda Tsai replied no. She added that in 1991 she worked with Sharon Teeter at
the City to secure a City loan to rehab the home. This loan was a joint program
between Campbell and the County. She had double-paned windows installed with other
improvements.
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Packet Pg. 276 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 4
Board Member Walter pointed out that it was not done in an historic manner.
Planner Daniel Fama reminded that this home was not yet included on the HRI at that
time.
Ms. Linda Tsai added that all windows were replaced. The door was not solid enough
for current standards and was also replaced. A 300 square-foot addition was added on
to the original 900 square-foot home.
Board Member Walter asked if the addition was placed at the rear of the home.
Ms. Linda Tsai replied yes.
Board Member Walter advised that the HPB mainly focuses on the front elevation of
historic structures. He asked if the photos in the report were current.
Planner Daniel Fama replied yes.
Board Member Walter asked Ms. Tsai if the main reason she fears staying on the HRI is
that it would be too expensive to maintain a designated historic house.
Ms. Linda Tsai said that is one reason. She added that the stated historic significance
of this home is not that compelling in tying the home to the Smiths. She added that
there are no additional historic files remaining at the County Offices due to a fire.
Board Member Walter clarified that Ms. Tsai has owned this property since 1987 and it
was added to the HRI in 2013. He asked why Ms. Tsai had not asked at that time not to
be considered.
Ms. Linda Tsai:
• Stated that she works in high tech, in a demanding job.
• Admitted that she didn’t have the time at that point to investigate it.
• Added that she noticed the address was wrong in one reference and that made her
think it wasn’t her home under consideration.
• Assured if she had known how to do so, she would have asked to be removed or not
included.
• Stated that she regrets that she didn’t ask how to not be included in 2013.
• Pointed out that no environmental was done.
Board Member Walter:
• Explained to Ms. Tsai that the HPB is trying to preserve homes in the area.
• Cautioned that without preservation we are losing our history and charm.
• Pointed out that Campbell doesn’t have a lot of historic structures and HPB
encourages those there are listed to keep the HRI designation.
• Stated that Ms. Tsai has a very charming house and he would hate to see it go
away.
• Reported that there are incentives available that include Mills Act Contracts whereby
a property owner of a historic home receives tax rebates to defray the costs of
maintaining a historic structure.
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Packet Pg. 277 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 5
• Asked Ms. Tsai if she had ever investigated a Mills Act Contract.
Ms. Linda Tsai:
• Replied no.
• Added that she had never heard about it before.
• Pointed out that her home is not a beautiful example of a Craftsman or such.
• Reminded that her house is sinking downward.
• Admitted that she is not sure what to do to make it look better.
Board Member Walter asked Ms. Tsai if she is currently living in this home.
Ms. Linda Tsai:
• Replied yes.
• Added that she has lived in the home since its purchase in 1987.
• Displayed a photograph of a home that demonstrates post pillars at the front that
she would like to see on her home. She said it is a common style.
• Stated that adding such post pillars at the front of her home would update it. She
can see these on her home.
Board Member Kendall:
• Stated that it makes sense the Ms. Tsai wants to update her home.
• Added that the HPB wants to maintain historic homes and/or to return them to an
original state or condition.
• Said that Ms. Tsai’s home represents a significant architectural look in Campbell as
well as having some historic significance due to the connection to a member of the
Smith family.
• Admitted that she’d like to see if there are ways to have this home remain historic
although she is not sure if its best achieved with a new elevation versus replacing
like with like.
Ms. Linda Tsai:
• Reported that there are layers upon layers of paint on the frontage in many different
colors.
• Advised that she hired someone to grind down the layers of paint, which is an
impossible task.
• Added that they can’t fix just some of existing boards and have them line up and
match.
Board Member Kendall asked Ms. Tsai if her foundation is uneven.
Ms. Linda Tsai replied yes. One side is coming down and she wants to make it look
better.
Board Member Walter advised Ms. Tsai that it would cost the same to fix up her house
whether it remains on the HRI or not.
Board Member Kendall suggested to Ms. Tsai that a Mills Act Contract would assist her
with the costs of repairing the foundation and making the house right.
10.h
Packet Pg. 278 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 6
Ms. Linda Tsai said she understands that she really doesn’t have to fix the foundation
itself, but she simply wants the house to look better as seen from the street frontage.
Board Member Walter:
• Advised Ms. Tsai that there is a way to fix it, so it looks both straight and uniform.
• Said that inclusion of simple post columns the existing could be replaced and
painted.
• Assured that the HPB is not crazy and looking for perfection. HPB works with
people to keep their home.
• Suggested that Ms. Tsai not ask to be removed from HRI today but rather that she
goes back and think about what she wants to do with her home. Then come back to
talk with us.
• Stated that the cost difference could be very small.
• Reminded that there is potential for tax credit through a Mills Act Contract, which is
possible if her home is registered on the HRI.
• Said that HPB would be willing to discuss her plans with her and help her plan her
project.
Ms. Linda Tsai:
• Said that she has found people to help her.
• Reported that there is a hold in the existing siding.
• Reiterated her belief that costs would be less if her home is not historic.
Board Member Walter cautioned that trim would likely have to be custom cut. Common
available trims would not work.
Ms. Linda Tsai asked how HPB considers historic information for a property.
Planner Daniel Fama said that is getting off topic at this point.
Chair Foulkes clarified with Ms. Tsai that she has lived in this home since 1987 and
received a City loan in 1991 for improvements to the home including a small addition.
Ms. Linda Tsai replied yes.
Chair Foulkes asked Ms. Tsai if she did any other repairs to the home between 1987
and 1991.
Ms. Linda Tsai:
• Said that there was no real kitchen when she purchased the home so that was the
first thing she did right away. There was no prep counter and the seller replaced the
existing old stove with a new one before sale.
• Added that the house had one bathroom and two bedrooms. The sink in the
bathroom was tiny. The home improvement loan she secured through the City’s
program was either a 10 or 15-year loan.
Chair Foulkes:
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Packet Pg. 279 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 7
• Reiterated that Ms. Tsai had updated the house by fixing the kitchen upon purchase.
• Asked whether there have been any additional “major” repairs to the home between
1991 and now.
Ms. Linda Tsai:
• Explained that the bath was redone with the 1991 loan funds. It originally had to
doors leading into the bathroom and one was closed off to allow for a larger sink.
• Added that the kitchen linoleum was changed twice in the years’ that she has owned
the home.
• Said that there is dry root in the porch.
Chair Foulkes asked if there was anything else done.
Ms. Linda Tsai said a new roof and added solar.
Chair Foulkes stated that he understands that regardless of what happens with the HRI
status for this property, Ms. Tsai will live with the foundation as it is.
Ms. Linda Tsai replied yes. She said she was told that it represents normal settling per
the home inspection. When you look at the home you notice it looks like it’s sinking.
Chair Foulkes restated that Ms. Tsai was previously unaware of the Mills Act Contracts
that provide tax rebates to property owners to allow them to recoup costs for
maintenance of old homes.
Board Member Kendall:
• Admitted that she is disinclined to approve this request to remove this property from
the HRI given there are so few qualifying houses in the City.
• Added that it doesn’t appear to her that this home is in tear down condition at this
time.
• Stated that repair costs could be comparable whether the home remains on the HRI
or is removed.
• Opined that Ms. Tsai’s desire to change the “look” of a home isn’t a compelling
reason.
• Reiterated previous comments made that these HRI homes help us all to see where
our roots came from.
• Concluded that as we are a small town every little house is important.
Board Member Walter:
• Admitted that he is in a quandary as well.
• Said it doesn’t appear that anything significant has changed since the HPB approved
this property for the HRI.
• Added that it doesn’t feel like this request is an automatic approval to rescind or
remove this home from the HRI.
• Concluded that he wouldn’t support the request for removal.
• Stated that he is hoping Ms. Tsai would remove her request temporarily and
participate in more discussion to see if there are other ways for HPB to help her
save her home. Be it a Mills Act Contract or some other means.
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Packet Pg. 280 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
Historic Preservation Board Minutes for August 12, 2019 Page 8
Chair Foulkes:
• Stated his agreement with the comments of his HPB colleagues.
• Said he appreciates the time and effort to request removal.
• Added that he doesn’t think that we have changed circumstances from when this
home was added to the HRI.
• Explained that he is serving on the HPB to help make it easier for homeowners in
Campbell to retain/maintain their historic homes.
• Pointed out that the appearance of an historic home is concentrate on the front and
both front-side elevations along the first ten feet or so.
Motion: Upon motion of Board Walter, seconded by Board Member Kendall,
the Historic Preservation Board adopted Resolution No. 2019-04
recommending that the home located at 74 N. Second Street be
retained on the City’s Historic Resource Inventory as Structure of
Merit and not rescinded from inclusion, by the following roll call
vote:
AYES: Foulkes, Kendall and Walter
NOES: None
ABSENT: None
ABSTAIN: Blake and Moore
Board Members Blake and Moore returned to the chambers and dais upon completion
of Item No. 2.
Board Member Kendall said she must recuse from the next two items as she lives within
noticing proximity of the two Alice Avenue locations.
3. 146 Alice Avenue – Tier 1 Historic Resource Alteration Permit (Resolution/Roll
Call Vote)
Public Hearing to consider the application of Monica and Ron Grandia for a Tier 1
Historic Resource Alteration Permit (PLN2019-129) to allow installation of new window
openings on the east and west walls of an Alice Avenue Historic District property
commonly known as the Anthony Bargas Sr. House, located at 146 Alice Avenue. Staff
is recommending that this project be deemed Categorically Exempt under CEQA.
Planner Daniel Fama:
• Reported that the property owners of 146 Alice Avenue are seeking a Tier 1 Historic
Resource Alteration permit to allow new window openings to the left and right-side
elevations of their house at 146 Alice Avenue.
• Advised that such a permit requires HPB approval.
Board Member Walter asked if he understands correctly that these new windows would
be custom crafted on site.
Ron Grandia, Applicant and Property Owner, 146 Alice Avenue, replied yes.
Board Member Blake asked if he is using Jim Sheets.
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Packet Pg. 281 Attachment: Draft HPB Minutes (74 N 2Nd Street – HRI Rescission)
10.i
Packet Pg. 282 Attachment: Applicant Follow-up Letters (Post-HPB) (74 N 2Nd Street – HRI Rescission)
10.i
Packet Pg. 283 Attachment: Applicant Follow-up Letters (Post-HPB) (74 N 2Nd Street – HRI Rescission)
Summary of Rescinding Appeal for 74 N 2nd Street, Campbell (The complete write-up is attached for full
explanation on these summary)
1. Historical Board members only considered the number of historical homes on the Inventory list
and the cost of repair an historical home getting more expensive custom made material. They
didn’t consider anything else. City of Saratoga historical Resource listed 98 homes/structures
for population of 30,905 (2017). City of Campbell listed 147 structures for population of 41,544
(2017). The number of historical inventory is consistent to the size of the two cities. San Jose as
a bigger city has a lot more.
2. Guideline for placing property on this Inventory list? What significant characteristics qualified it?
My home was named “Smith House” NOT as a Fred Smith’s family home but only due to his
widow lived there for an unspecified time not as an owner but a renter. How significant is this
piece of infor. Comparing with a family home? The home is only a bungalow and not a
craftsman styled home.
3. Two different standards used to place property on this list initiated by the City in 2013 vs
request to remove a property from the list by the homeowners. The request is for the same
treatment to remove it from the Inventory list.
Suggested resolution is to place a plaque with picture of original home by the
Front or Side of the home. Then allow homeowner to modify the front
entrance for better curb appeal. This way, anyone can see what it looked like
originally and what it looked like now.
10.i
Packet Pg. 284 Attachment: Applicant Follow-up Letters (Post-HPB) (74 N 2Nd Street – HRI Rescission)
CITY OF CAMPBELL PLANNING COMMISSION
MINUTES
7:30 P.M. TUESDAY
SEPTEMBER 10, 2019 CITY HALL COUNCIL CHAMBERS
The Planning Commission meeting of September 10, 2019 was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Rivlin
and the following proceedings were had, to wit:
ROLL CALL
Commissioners Present: Chair: Andrew Rivlin
Vice Chair: Mike Krey Commissioner: Adam Buchbinder
Commissioner: Stuart Ching
Commissioner: Terry Hines
Commissioner: Maggie Ostrowski
Commissioners Absent: None
Staff Present: Community
Development Director: Paul Kermoyan
Senior Planner: Daniel Fama Associate Planner: Stephen Rose
Assistant Planner: Naz Pouya
City Attorney: William Seligmann
Recording Secretary: Corinne Shinn APPROVAL OF MINUTES
Motion: Upon motion by Commissioner Krey, seconded by Commissioner
Hines, the Planning Commission minutes of the meeting of August 27, 2019, were approved with a clarification to a comment made by Commissioner Buchbinder on page 7. (5-0-0-1; Commissioner
Ostrowski abstained)
10.j
Packet Pg. 285 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 6
***
3. PLN2019-101 Public Hearing to consider the application of Linda Tsai to remove/rescind (PLN2019-101) a Structure of Merit commonly
known as the Smith House from the City of Campbell Historic Preservation Inventory (HRI), on property located at 74 N Second Street. Staff is recommending that this item be deemed
Categorically Exempt under CEQA. Tentative City Council Meeting
Date: October 1, 2019. Project Planner: Daniel Fama, Senior
Planner.
Mr. Daniel Fama, Senior Planner, provided the staff report.
Chair Rivlin asked if there were questions for staff.
Commissioner Krey asked if the property owner can do renovations to her home while it is
included on the HRI.
Planner Daniel Fama replied yes.
Commissioner Krey asked staff if the front porch posts can be altered.
Planner Daniel Fama said that the front elevation is the most significant aspect and the
posts might need to be retained.
Commissioner Buchbinder asked staff what the process was for notifying this owner of
the potential inclusion of her home on the HRI.
Planner Daniel Fama:
• Reported that the Historic Preservation Board (HPB) did a comprehensive review of
the inventory of potentials list.
• Said that this home at 74 N. Second Street was one of several added at that time.
• Advised that a new Historic Preservation Ordinance was adopted early last year and
will require a Historic Resource Evaluation for any home proposed for addition to the
HRI.
• Explained that under the previous HPB Ordinance, a property owner’s consent for inclusion on HRI was not required. Now it is.
• Added that there was an opt-out process offered that some requested and were
granted.
10.j
Packet Pg. 286 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 7
Director Paul Kermoyan:
• Added that the HPB conducted workshops.
• Said that the property owner at the time was informed but it seems didn’t offer that information to the next buyer.
Commissioner Buchbinder asked if the review done was not enough.
Director Paul Kermoyan referenced pages two and three and said that the criteria listed as “A” through “F” were each discussed.
Chair Rivlin opened the Public Hearing for Agenda Item No. 3.
Mark Ebner, Resident on Milton Avenue:
• Admitted that he is a little concerned.
• Reported that he has lived in Campbell since 1958.
• Added that a lot of historic properties have been demolished in that time.
• Pointed out that the Historic Preservation Board and the City made notification
outreach when considering this property for inclusion on the HRI and no one came
forward in opposition on the part of this property.
• Stated that this property is an asset for Campbell. It is a beautiful example of Prairie
Style architecture.
• Asked that this property not be rescinded from being on the HRI.
Chair Rivlin closed the Public Hearing for Agenda Item No. 3.
Commissioner Hines:
• Reminded that the intent of having a Historic Resource Inventory (HRI) is for the preservation of Campbell history.
• Opined that this property should remain on the HRI.
• Said that keeping this property on the HRI is consistent with the General Plan.
• Asked, “Who is Mr. Smith?”
• Concluded that he supports the staff recommendation not to rescind this property.
Chair Rivlin responded that he is a former Principal of Campbell High School.
Commissioner Ostrowski said that the notification of this proposed inclusion should have
been a part of the real estate disclosure when this owner purchased the house.
Commissioner Ching:
• Asked what the mechanism is of putting a house on the list in the first place.
• Stated that it seems the inclusion was done according to the Ordinance in place at the time. Outreach was attempted. The process was okay.
• Pointed out that the Historic Preservation Board desires to work with this property
owner as indicated in their August meeting minutes.
• Said he would not support rescinding this property from the HRI.
10.j
Packet Pg. 287 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 8
Commissioner Buchbinder:
• Said that there has not been a compelling reason made to retain this as an historic
structure.
• Added that it sounds like the spirit of the current ordinance was violated.
• Stated that it also sounds like a matter of the current owner to take up with the
previous owners who knew but didn’t disclose at time of sale of this pending inclusion
on the HRI.
• Admitted that he is more in favor of rescinding this property from the HRI.
Commissioner Hines clarified to Commissioner Buchbinder that the ordinance in place at
the time was properly followed. The inclusion of this property was not the result of a
violation of the ordinance.
Chair Rivlin said there is no compelling reason not to keep this property on the HRI.
Chair Rivlin re-opened the Public Hearing for Agenda Item No. 3.
Linda Tsai, Owner and Applicant, 74 N. Second Street:
• Reported that she submitted two pages of questions on each of the items considered
for inclusion and reasons she did not agree.
• Stated she was available for questions.
Chair Rivlin confirmed that material from Ms. Tsai is Item 9 in the staff report.
Linda Tsai said that this house was built in 1930. Mrs. Smith lived there in 1912.
Chair Rivlin suggested that Ms. Tsai identify a couple of items from her letter that she
feels are compelling reasons to remove her property from the HRI.
Linda Tsai:
• Stated that she questions why the Historic Preservation Board put her property on the
HRI since Mrs. Smith only lived in the house for a short time.
• Advised that she wants to update her home. She wants to give it a facelift.
• Said that that would be easier done if she can get off the HRI list.
Chair Rivlin pointed out that this home could be restored even if it remained on the list. Linda Tsai:
• Reported that she has already put an addition at the back and new windows were put
in throughout the house.
• Suggested that if the City wants to keep her home on the HRI they should put up a
plaque on the property.
Commissioner Krey asked Ms. Tsai if the costs for renovation are higher if a home is a
Structure of Merit than if it were not.
10.j
Packet Pg. 288 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 9
Linda Tsai:
• Said that other homes have once been on the HRI list and later removed.
• Pointed out that it was the City that put her home on this list not her.
• Concluded that it’s a hassle to be on the HRI.
Commissioner Ching:
• Stated that in reading the minutes of the last Historic Preservation Board meeting, the members of HPB are willing to work with you.
• Added that it seemed they didn’t understand exactly what you plan to change.
Linda Tsai:
• Said that she wants a façade facelift at the front.
• Admitted that she hasn’t yet hired an architect to design her proposed changes.
• Stated that she could show the Commission an example of what she hopes to do.
• Distributed two photographs to the members of the PC.
Chair Rivlin:
• Advised that being on the HRI does not prevent her from doing home improvements.
Linda Tsai said the photographs she has shared are a sample of just how different her
home could work with modifications to the frontage.
Chair Rivlin:
• Said that HPB would have to approve any changes with the intent of retaining the
home’s original look and feel.
• Reminded that she was already able to put in an addition at the back of her home.
Linda Tsai:
• Said that she understands that.
• Reported that she is looking at a home that needs to go to review for any changes.
• Reminded that her windows were changed in 1991 and are no longer wood.
Commissioner Ostrowski asked Ms. Tsai when she purchased this home.
Linda Tsai replied 1987.
Commissioner Ostrowski said that means Ms. Tsai was already the homeowner when this
property was added onto the HRI.
Chair Rivlin asked if she is the homeowner.
Linda Tsai:
• Replied yes, she is the homeowner.
• Admitted that at the time of consideration for HRI she simply didn’t have the time to respond to the notifications from the City. She was very busy with her demanding job.
• Added that the notifications sent did not give clear information on what to do if we
didn’t want to be added to the HRI.
10.j
Packet Pg. 289 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 10
• Stated that at the time she thought that if it was so easy to add to the HRI is would be
just as easy to remove it later when she had more time.
Director Paul Kermoyan:
• Stated that the meetings of the Historic Preservation Board are public. This owner
was notified of that meeting. She was noticed about the Planning Commission
meeting on this issue. She was noticed for the City Council meeting when the
decision was made to add the proposed properties to the HRI.
• Assured that this was not a subvert thing done in secret.
Chair Rivlin:
• Asked staff to confirm that this meeting tonight is the culmination of the letter received from Ms. Tsai in 2018.
• Questioned if the Commission does not rescind this home could this homeowner apply
again.
Director Paul Kermoyan advised that the Planning Commission will be forwarding its
recommendation on to Council for final decision.
Chair Rivlin re-closed the Public Hearing for Agenda Item No. 3. Planner Daniel Fama:
• Pointed out that who lived in a home is not the only reason for inclusion of this home
on the HRI.
• Reminded that this home represents the Prairie Style of architecture from the 20’s and
30’s.
• Agreed that issues such as window changes do need to go to the HPB for review and
approval, but only for certain properties, not including this one.
• Said that recently there have been several homes on Alice that have had to come to
HPB for review of windows. Alice is the City’s only Historic District.
• Advised that there have been property owners that have chosen to opt out from inclusion on HRI when offered the opportunity.
Commissioner Buchbinder:
• Said that this applicant is disputing that.
• Asked what the process is to remove a home.
Planner Daniel Fama:
• Replied that tonight’s review is that process.
• Added that the PC could consider this item and ask the owner to pay to have a
Historic Report prepared by a third-party.
Chair Rivlin asked if it would need to go to Council either way.
Planner Daniel Fama:
• Said that this matter could be continued by the PC if it cannot come to a decision tonight.
10.j
Packet Pg. 290 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 11
• Added if the recommendation from PC is different from that of HPB, HPB would need
to work with the property owner to get the report ordered.
• Concluded that once the Historic Report is completed this document would be brought forth to the Council at which time a final decision could be made.
Commissioner Krey clarified with staff that the Historic Report is paid for by the property
owner. He asked how much that might cost.
Planner Daniel Fama replied that it costs about $5,000.
Chair Rivlin asked what if PC recommends rescinding this property what happens.
Planner Daniel Fama said that the PC recommendation goes on to Council along with the HPB recommendation.
Commissioner Ching:
• Said that he has not changed his mind after hearing from Ms. Tsai.
• Stated that the process was followed at the time this home was added to the HRI.
• Reminded that this owner was the owner at that time and was noticed several times.
Commissioner Hines:
• Stated his view has not changed as well.
• Advised that he will not support rescinding this property from the HRI.
• Agreed that staff properly provided material to this applicant at the time this property
was considered for and then added to the HRI.
Commissioner Ostrowski:
• Informed of her intent to support the resolution as written not to rescind this home from
the HRI.
• Added that the Commission has had HPB-referred projects come to us.
• Suggested that Ms. Tsai have a conversation with the right people at City Hall.
• Concluded that this is a home that was built within an historical period with a historic
location.
Commissioner Buchbinder:
• Stated that he understands now that the applicant was noticed about the potential
inclusion of her property on the HRI. That’s important.
• Added that this owner having to pay $5,000 to not have her home included on the HRI
is still at risk for non-approval and is not guaranteed.
• Opined that this is a terrible situation for this owner and he suggested that instead she
work with HPB to make desired modifications to her home.
• Said that it is an uphill battle to remove this home from the HRI. He doesn’t see a
good way moving forward.
10.j
Packet Pg. 291 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
Campbell Planning Commission Minutes for September 10, 2019 Page 12
Chair Rivlin:
• Agreed with Commissioner Buchbinder’s comments.
• Reported that there were opportunities for this owner to opt out prior to the HPB hearing.
• Added that historic structures are a benefit to the City.
• Stated that Ms. Tsai plaque request is interesting and perhaps could be considered by
the HPB.
• Assured that homes in Campbell hold their value.
• Said that any modifications desired for this home can be vetted with staff and with the HPB’s assistance. Sounds like it’s a refresh that Ms. Tsai is looking to achieve.
Motion: Upon motion of Commissioner Krey, seconded by Commissioner
Ostrowski, the Planning Commission adopted Resolution No. 4527
recommending that the City Council deny the removal/rescinding (PLN2019-101) a Structure of Merit commonly known as the Smith House from the City of Campbell Historic Preservation Inventory
(HRI), on property located at 74 N Second Street, by the following
roll call vote:
AYES: Buchbinder, Ching, Hines, Krey, Ostrowski and Rivlin NOES: None ABSENT: None
ABSTAIN: None
Chair Rivlin advised that this item would be considered by the City Council for final action at its meeting on October 1, 2019.
***
10.j
Packet Pg. 292 Attachment: September 10, 2019 Planning Commission Minutes (74 N 2Nd Street – HRI Rescission)
TO: Campbell City Council
Reasons to consider Rescinding property from Historical Inventory List –
1. SIGNIFICANCE OF HISTORICAL VALUE - There are only 116
National Register of Historic Places listings in Santa
Clara County, California. This indicated Not every piece of
building having certain historical meaning is to be put on this
Register. Same is true for each City. This property was
named “Smith House” Not as a Smith family home nor
owned by the Smith family. It has only a very small
connection due to the Widow (Mrs. Smith) lived there for a
short time. She didn’t own the home. The significance of
this piece of information is debatable. Campbell does not
have a shortage of historical buildings to have to include
every property with some minor historical information.
2. AUTHENCITY OF DATA - Historical data for this property no longer
existed. The only one page with hand-written note of a Build Date
of 1930’s and also Mrs. Smith lived here after widowed in 1912.
No way to confirm either information is accurate. The structure
itself is a very common style home with no distinctive
characteristics of an architectural style.
3. OBJECTION NOT RAISED BY OWNER IN 2013 - Various other issues
occupied the property owner’s attention to not raise an objection
for placing this property on the Historical Inventory List back in
2013.
4. RESOLUTION NO. 4527, Item 6 – Property owner never SIGNED
any acceptance for approval. This item was RAISED in the
Planning meeting as well but IGNORED.
10.k
Packet Pg. 293 Attachment: Applicant Follow-Up Letter (Post-PC) (74 N 2Nd Street – HRI Rescission)
5. OWNER’S REQUEST WON’T BE APPROVED BY HISTORICAL BOARD
– Owner would like to modify the FRONT of the property for Curb
Appeal which is against Historical Preservation Board Guideline.
The only way to do this is request property to be removed from
the Inventory.
RECOMMENDED SOLUTION –
Have a plaque made with original look of the property posted in the
front of the property. Also allow property owner to modify front
portion of the home.
10.k
Packet Pg. 294 Attachment: Applicant Follow-Up Letter (Post-PC) (74 N 2Nd Street – HRI Rescission)
10.lPacket Pg. 295Attachment: 1977 DPR Form (74 N 2Nd Street – HRI Rescission)
10.lPacket Pg. 296Attachment: 1977 DPR Form (74 N 2Nd Street – HRI Rescission)
10.m
Packet Pg. 297 Attachment: 1997 survey (74 N 2Nd Street – HRI Rescission)
10.nPacket Pg. 298Attachment: 1999 DPR Form (74 N 2Nd Street – HRI Rescission)
RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPRIVING A REQUEST TO
REMOVE/RESCIND (PLN2019-101) A STRUCTURE OF MERIT
COMMONLY KNOWN AS THE SMITH HOUSE FROM THE CITY OF CAMPBELL HISTORIC PRESERVATION INVENTORY, ON
PROPERTY LOCATED AT 74 N SECOND STREET IN THE R-1-6
(SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT. FILE NO:
PLN2019-101
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regards to file number PLN2019-101:
1. The project site is located near the northeast corner of North Second Street and
Civic Center Drive.
2. The project site is zoned R-1-6 (Single-Family Residential) Zoning District on the
City of Campbell Zoning Map.
3. The project site is designated Low Density Residential on the City of Campbell
General Plan Land Use diagram.
4. The project site is developed with a single-family residence, a designated Structure
of Merit constructed in the 1930's in the Prairie Style commonly known as the
Smith House.
5. At its meeting of February 5, 2013, the City Council adopted Resolution No. 11510, adding 14 properties to the Historic Resource Inventory (HRI), including the subject
property.
6. Pursuant to Campbell Municipal Code (CMC) Section 21.33.060.A, designation of
property as an historic resource requires written acceptance by the property owner,
such that the owner may withdraw his or her acceptance at any time prior to final approval of the designation of the property.
7. The owner of the subject property has submitted a request to rescind the historic
designation of the property, pursuant to CMC Section 21.33.060.D.1.
8. Pursuant to CMC Section 21.33.060.D, the City Council shall either approve or
deny the rescission request upon independent recommendations of the Historic Preservation Board and Planning Commission, based on substantial evidence and
findings of fact in the record that the resource no longer has historic value with
respect to the designation criteria.
9. The Historic Preservation Board considered this request at its meeting of August
12, 2019. After due consideration, the Board adopted Resolution No. 2019-04
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Packet Pg. 299 Attachment: Draft Resol (Approve) (74 N 2Nd Street – HRI Rescission)
City Council Resolution Page 2 of 3 PLN2019-101 ~ 74 N Second Street
recommending that the City Council not rescind, but retain the historic designation of 74 N Second Street.
10. The Planning Commission considered this request at its meeting of September 10,
2019. After due consideration, the Commission adopted Resolution No. 4527
recommending that the City Council not rescind, but retain the historic designation
of 74 N Second Street.
11. The City Council has considered all evidence in the record and verbal testimony.
12. No substantial evidence has been presented which shows that the project, as
currently presented will have a significant adverse impact on the environment.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
Designation Criteria (CMC Sec. 21.33.060.B.1):
1. The resource is associated with the lives of persons important to our history;
2. The resource embodies the distinctive characteristics of a type, architectural style,
period, or method of construction; and
3. The resource possesses significant artistic value or materially benefits the historic character of the neighborhood, community, or city.
Environmental Findings (CMC Sec. 21.38.050):
4. This action is Statutorily Exempt under Section 15270(a) of the California
Environment Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
THEREFORE, BE IT RESOLVED that the City Council denies a request to
remove/rescind (PLN2019-101) a Structure of Merit commonly known as the Smith
House from the City of Campbell Historic Preservation Inventory, on property located at
74 N Second Street.
PASSED AND ADOPTED this _______ day of ________________, 2019, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS:
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City Council Resolution Page 3 of 3 PLN2019-101 ~ 74 N Second Street
APPROVED: Richard M. Waterman, Mayor
ATTEST: Wendy Wood, City Clerk
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Packet Pg. 301 Attachment: Draft Resol (Approve) (74 N 2Nd Street – HRI Rescission)