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CC Resolution 12876 - Listing of 705 El Patio Drive as a structure of meritRESOLUTION NO. 12876 BEING A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF CAMPBELL RESCINDING THE LISTING OF 705 EL PATIO DRIVE AS A STRUCTURE OF MERIT FROM THE CITY OF CAMPBELL HISTORIC PRESERVATION INVENTORY, SUBJECT TO PAYMENT OF A $5,000 FEE IN -LIEU OF PROPERTY RESTORATION. 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 the' recommended approval to rescind a Structure of Merit from the Historic Resource Inventory (PLN-2021-70): Environmental Finding' This action is exempt under Section 15061(b)(3) of the California Environment Quality Act (CEQA) Guidelines in that it can be seen with certainty that there is no possibility for the action to have a significant effect on the environment. Evidentiary Findings: The Subject Property is located at the easterly terminus of El Patio Drive, east of Poplar Avenue. 2. The Subject Property is zoned R-1-6 (Single -Family Residential) Zoning District on the City of Campbell Zoning Map. 3. The Subject Property is designated Low Density Residential on the City of Campbell General Plan Land Use diagram. 4. The Subject Property is developed with a single-family residence, a designated Structure of Merit constructed in the late 1930's in the Spanish Colonial Revival Style, located within the Rancho Del Patio tract. 5. The Subject Property was added to the Historic Resource Inventory (HRI) by the City Council at its meeting of May 1, 2012 through adoption of Resolution No. 11396. In support of the decision to list the property on the HRI, the City Council found that it possessed "significant aesthetic, architectural, cultural, or engineering interest or value of an historical nature". As noted by the Subject Property's Department of Parks and Recreation (DPR) Form 523, the property typifies Spanish Colonial Revival Style through incorporation of character -defining features, including a flat -roof, cross -gabled roofs with Spanish tile roofing, steel casement windows, and stucco -covered chimneys with brick reveal. 6. The Subject Property incurred unpermitted physical alterations made by the property owner during calendar year 2020, which have been evaluated by the City's Historic Architectural Advisor in a report entitled 705 El Patio Drive, Campbell, CA — Review of Non -Permitted Alterations. The report identifies the extent of the changes as: City Council Resolution 12876 Page 2 of 5 PLN-2021-70 — 705 El Patio Drive Gone are the original three box -formed columns that once dominated the front gabled wall of the home, in.addition to the deeply recessed feature casement window next to the entryway to the home. These character -defining features were unique and were not found on any of the other six homes constructed on El Patio at the time. In addition, it appears the property owner may have also added the stucco walls with gate openings, which separate the rear and sideyards of the property from the street, along with the tile -faced and brick half -circular main entrance landing and the brick -paved walkway, as part of the same remodel. 7. Campbell Municipal Code (CMC) 21.33.070 (Application for an Exterior Alteration to a Historic Resource), specifies that an application for exterior alteration to a historic resource (including, but not limited to, replacement ' of windows, doors, columns, porches, chimneys, roofing, or siding materials) shall be filed with the Community Development Department. Further, CIVIC Section 21.33.070.B.1.a (Structures of Merit) provides that any proposed alteration that alters the character -defining features of Structure of Merit shall be reviewed by the Historic Preservation Board as a Tier 1 Historic Resource Alteration Permit in accordance with the CIVIC Section 21.33.080 (Historic Resource Alteration. Permit - Tier 1). 8. The Subject Property incurred unpermitted physical alterations without prior consideration of a Tier 1 Historic Resource Alteration Permit and without the benefit of a building permit. 9. The Historic Architectural Advisor's report on the unpermitted alterations concludes that the "original historic integrity of the home has been significantly diminished" and that the "city should consider removing the. property ,-at 705 El Patio Drive from the City of Campbell's Historic Resource Inventory." 10. By diminishing the historic integrity of the Subject Property, the unpermitted alterations are inconsistent with the Campbell Historic Design Guidelines and by reference, the Secretary of the Interior's Standards. Such inconsistency would likely have required denial of the Tier 1 Historic Resource Alteration Permit and compulsion of a request for a Tier 2 Historic Resource Alteration Permit pursuant to CIVIC Section 21.33.090 (Historic Resource Alteration Permit - Tier 2).- 11. Upon completion of the Historic- Architectural. Advisor's report, the Property Owner submitted a request to rescind the historic designation of the property. 12. Pursuant to CIVIC Section 21.33.060.D.1 (Initiation), rescinding of the property's historic designation requires the City Council, upon independent recommendations of the Historic Preservation 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." 13. Maintaining a property that has lost its historical integrity on the Historic Resource Inventory undermines the purpose of the list and dilutes the import of other listed properties: 14. Although possible to restore the Subject Property to its original condition, the Historic Architectural Advisor opines that "such measures will probably not add any additional historic value to this property, especially in light of the extensive past non -permitted building alterations to the exterior of this home and the new room addition currently City Council Resolution 12876 Page 3 of 5 PLN-2021-70 — 705 EI Patio Drive proposed by the property owner. As a consequence of these collective building modifications to this small home the original historic integrity of the home has been significantly diminished. 15. Removing the Subject Property from the Historic Resource Inventory due to unpermitted alterations that otherwise would not have been approved is inconsistent General Plan Goal LUT-8 (Preservation of historic buildings, districts and cultural resources), and its supporting policy and strategies and with the intent and purpose of the Historic Preservation Ordinance,, as specified in CIVIC Section 21.33.010.13 (Purpose), by hindering the City's ability preserve culturally and historically significant resources and fulfilling its responsibility, as a certified local government, to enforce state and local legislation for the designation and protection of historic resources. 16. In furtherance of the General Plan, the Historic Preservation Ordinance, and the City's Certified Local Government status, approval of the rescission request is subject to payment of fee in -lieu of restoration ofthe Subject Property to its previous condition. This fee is imposed pursuant to the following findings: a. The purpose, of the in -.lieu fee is to provide funds for the maintenance, restoration and preservation of historic resources in the City of Campbell. b. The in -lieu fee will be deposited in separate account that will be exclusively used to support the preservation of historic resources within the City of Campbell as directed by the City Council, including but not limited to, preparation of historic evaluation reports for evaluation of eligible resources for formal listing on the Historic Resource Inventory, distribution .of monetary grants to restore historic structures, an update to the City of Campbell Design Guidelines for Historic Residential Buildings, and/or an update and expansion of the City's Mills Act Historical Property Contract Program. c. There is a reasonable relationship between the in -lieu fee's use and the request for the Subject Property to be removed from the Historic Resource Inventory in that the funding would further General Plan Policy LUT-8.1 (Historic Buildings, Landmarks and Districts and Cultural Resources) and Policy CNR-1.1 (Historic Resource Preservation) and their applicable supporting strategies, below, by encouraging the preservation of existing and potential historical resources in the community, and by maintaining the integrity of the HRI and the City's historic preservation program. Policy LUT-8.1: 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-8.1g: Update Historic Resource Inventory: Review the City's neighborhoods for consideration of adding significant structures, landmarks, trees or district status to the Historic Resource. inventory on a regular basis, and update the list accordingly. Strategy LUT-8.1g: Certified Local Government Status: Attain Certified Local Government Status of the Historic Preservation Ordinance. City Council Resolution 1287E Page 4 of 5 PLN-2021-70 — 705 El Patio Drive Strategy LUT-8.1 h: ..Historic Preservation Incentives: Develop incentives to encourage preservation and restoration including allowing the use of appropriate historic Building and Fire Codes and leniency on certain standard development requirements. 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. Strategy CNR-1.1a: Historic Resources Inventory: Maintain and update an inventory of historic resources for use in evaluating development proposals and determining if sites or buildings are of local, State or federal significance. d. Furthermore, the imposition of the in -lieu fee would be in support of the City's obligations to the Certified Local Government Program. As provided in Appendix G of the Certified Local Government Application and Procedures, August 1999, the City is obligated to "Enforce appropriate state or local legislation for the designation and protection of historic properties," . including . "adopt[ing] local historic preservation ordinances with provisions to enforce the designation and protection of historic. and archeological resources." Since the City's current Historic Preservation Ordinance (CIVIC Chapter 21.33) lacks a substantive enforcement mechanism to deter or punish unlawful 'alterations (or demolitions) of designated historic resources, imposition of an in -lieu fee would serve this purpose until such time the deficiency may be remedied. e. There is a reasonable relationship between the fee's use and the rescission request on which the fee is imposed in that the amount of this fee ($5,000) is less than a conservative approximation of the. cost to restore the Subject Property to its previous condition. More specifically, the fee amount is less than the sum of an estimate provided by the City's Historic Architectural Advisor for architectural and engineering design and consulting services, and preparation of historic evaluation for the property including an update to DPR 523 form, in the amount of $28,250 and a construction cost estimate for the restoration_ work provided by the City's Acting Building Official in the amount of $24,840. 17. The City Council has considered all evidence in the record and verbal testimony. 18. No substantial evidence has been presented which shows that the request, as currently presented will have a significant adverse impact on the environment. 19. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the request. 20. No substantial evidence has been presented which shows that the request to rescind the listing of the Subject Property as a Structure of Merit from the Historic Resource Inventory, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. City Council Resolution 12876 Page 5 of 5 PLN-2021-70 — 705 El Patio Drive Based upon the foregoing findings of fact, and subject to the conditions of approval, the City Council further finds and concludes that: 1. The resource is not associated with events that have made an important contribution to the broad patterns of our history or cultural heritage; 1. The resource is not associated with the lives of persons important to our history; 2. The resource does not yield information important to our prehistory or history; 3. The resource does not embody the distinctive characteristics of a type, architectural style, period, or method of construction; 4. The resource does not represent the work of a notable architect, designer, engineer, or builder; 5. The resource does not possess significant artistic value or materially benefits the historic character of the neighborhood, community, or city; and 6. Rescinding the resource from the Historic Resource Inventory, is consistent with the General Plan, as conditioned upon payment of a fee in -lieu of property restoration. THEREFORE, BE IT RESOLVED that the City Council rescinds the historic designation of a Structure of Merit located at 705 El Patio 'Drive, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 16th day of August, 2022 by the following roll call vote: AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Paul Resnikoff, Mayor ATTEST: Andrea nders, City Clerk CONDITIONS OF APPROVAL PLN-2021-70 Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City. of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT 1. Approved Request: Approval is granted for the request to rescind the listing of 705 El Patio Drive as a Structure of Merit from the City of Campbell Historic Resource Inventory (HRI), subject to these Conditions of Approval 2. Effectiveness of Approval: The approval to rescind the historic designation of the above referenced property shall only be effect upon payment of a fee -in -lieu of property restoration as identified by Condition of Approval No. 3. 3. Required In -Lieu Fee: This approval is subject to payment of a fee in -lieu of property restoration in the .amount of $5,00.0. The funds from this fee and all earnings from its investment shall be expended exclusively in support of the City of Campbell's historic preservation program as directed by the City Council, 4. Timinq of Payment: Payment of the in -lieu fee shall be made within ninety (90) days of the City Council action. Failure to pay the fee shall render this approval void and result in recommencement of enforcement action by the City for violations of the Campbell. Municipal Code related to the unpermitted alterations to the subject property. 5. Form of Payment: Payment of the fee in -lieu shall be in conjunction with and subject to an agreement satisfactory to the City Attorney waiving any right to challenge the validity of the fee pursuant to the. Mitigation Fee Act (Government Code §.66000 et seq.).