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
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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.
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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.
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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.).