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11-20-17 Old Towne Design Standards Update-Old Towne Historic District TO: Chair Glasgow and Members of the Planning Commission THRU: Anna Pehoushek Assistant Community Development Director FROM: Marissa Moshier Historic Preservation Planner SUBJECT COMMISSION BUSINESS: Update to the Historic Preservation Design Standards for Old Towne SUMMARY Recommendation to the City Council to adopt the update to the Historic Preservation Design Standards for Old Towne (Design Standards). RECOMMENDED ACTION Adopt Planning Commission Resolution No. 31-17 entitled: A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING ADOPTION OF THE UPDATE TO THE HISTORIC PRESERVATION DESIGN STANDARDS FOR OLD TOWNE TO THE CITY COUNCIL AUTHORIZATION/GUIDELINES Orange Municipal Code (OMC) Section 17.08.020 authorizes the Planning Commission to provide technical and advisory assistance to the City Council regarding land use matters and to encourage the preservation of cultural historic resources, while allowing for orderly and compatible development. PUBLIC NOTICE No Public Notice is required for this recommendation to the City Council. Direct mailings to all property owners within the boundaries of the Old Towne historic districts were sent on June 15, 2017 and August 4, 2017. These mailings requested community input on the draft update and informed recipients of the DRC study sessions on June 21, 2017 and August 9, Planning Commission Agenda Item November 20, 2017 Planning Commission Staff Report November 20, 2017 Page 2 2017 and community meetings on August 22, 2017 and August 30, 2017 where property owners and residents could comment on the draft update in person. More information on these public engagement efforts is provided in the Public Outreach section below. ENVIRONMENTAL REVIEW Categorical Exemption: The update to the Historic Preservation Design Standards is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15308 (Class 8 - Actions by Regulatory Agencies for Protection of the Environment) and 15331 (Class 31 - Historical Resource Restoration/Rehabilitation). The update clarifies and improves the existing Historic Preservation Design Standards for Old Towne, which were adopted by City Council in 1995 for the protection of the local and National Register-designated Old Towne historic districts. This update of existing procedures, policies, and standards is consistent with the City Council’s prior action adopting the Design Standards in order to preserve the character of Old Towne as a historic district. It assures the maintenance and protection of the environment through the preservation of historic resources and appropriate standards for new construction in the historic districts, as required by the Class 8 exemption. In addition, the update to the Design Standards is written such that projects that are found to be in conformance with the Design Standards also will be in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards). The update is consistent with and uses extensive guidance from the National Park Service on interpreting and implementing the Secretary’s Standards, including the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. The update will encourage projects that are in conformance with the Secretary’s Standards as described in the Class 31 exemption for Historical Resource Restoration/Rehabilitation. There is no environmental public review required for a Categorical Exemption. BACKGROUND The Historic Preservation Design Standards for Old Towne (Design Standards) were adopted by City Council on July 11, 1995 and last updated in 1999. The purpose of the Design Standards was “to protect the historic and architectural resources which contribute to the cultural richness of Orange” (Design Standards, 1999, Page 1). The Design Standards combined all project processing requirements and design criteria specific to the Old Towne Historic District into a single document. The objectives were to protect the desirable and unique features of historic neighborhoods; protect and stabilize property values; minimize building deterioration; and ensure that new construction is structurally and aesthetically compatible with existing historic neighborhoods. The Design Standards adopted in 1995 are divided into three parts, along with four appendices. Part I provides an introduction to the Design Standards and an overview of the significance of the Old Towne Historic District. Part II covers the processing requirements and review criteria for projects in the Historic District. Part III consists of the design standards organized by different geographic areas in the Historic District: the Plaza, Downtown Core, Spoke Street Corridors, and Resident ial Quadrants. The appendices include A) Definitions; B) Standard for the Use of Appropriate Materials; C) The Secretary of the Interior’s Standards for Rehabilitation; and D) a list of Supplemental Documents. Planning Commission Staff Report November 20, 2017 Page 3 The Design Standards have been very effective at guiding rehabilitation of historic buildings and new construction to help preserve the character of Old Towne. However, staff has heard and gathered feedback from community members, the Design Review Committee, Planning Commission, and City Council that updates were necessary to make the Design Standards more complete and easier to understand. In response, staff prepared a draft update to the Design Standards. The revised Design Standards include photographs and graphics illustrating common preservation concepts and the types of projects that frequently occur in the Historic District. It provides updates to make the document more user-friendly for property owners and residents and more effective for staff and members of the Design Review Committee who use it to review projects. DESCRIPTION OF THE UPDATE The purpose of the update to the Design Standards is to provide clarity for policies and procedures that have developed over time in the Old Towne Historic District, but have not been clearly addressed in the text of the Design Standards until now. Although the update incorporates substantial changes to the text and presentation of the document, the underlying principles of how to preserve historic buildings and how to design respectful new construction in the Historic District remain the same, based on long-standing community values and professional practice by staff and the Design Review Committee. The document is reorganized to focus on historic features and property types, rather than geographic areas of the Historic District. The first section of the update introduces the importance and benefits of historic preservation in Orange; describes the Design Standards’ consistency with the federal standards for historic preservation, the Secretary of the Interior’s Standards for the Treatment of Historic Properties; outlines the historic character of the Plaza and Old Towne; and explains the process for design review in the Historic District. Design review is streamlined by clarifying the types of projects that are delegated to staff for administrative review and eliminating the requirement for Planning Commission review for some types of projects. The next section of the document provides standards for historic building features, such as windows or roofs; historic residential buildings; and historic commercial buildings. The document more clearly addresses the treatment of non-contributing buildings in the Historic District and provides specific standards for new construction, including additions, new infill buildings, and potentially compatible Floor Area Ratios for new projects. Additional standards are also provided for important aspects of the setting and streetscape in the Historic District, including landscaping in front yards and parkways, fences, and solar panels. The updated Design Standards are intended to be flexible enough to apply to many different properties and types of projects, while providing clear direction to property owners on how to design projects that are compatible with the Historic District. This approach to organizing the Design Standards is intended to help property owners and design professionals more easily navigate the document and quickly find the sections that are applicable to their specific projects. Secretary of the Interior’s Standards for the Treatment of Historic Properties The 1999 Design Standards include the Secretary of the Interior’s Standards for Rehabilitation as an appendix. The update to the Design Standards more clearly and thoroughly incorporates the Planning Commission Staff Report November 20, 2017 Page 4 Secretary of the Interior’s Standards for the Treatment of Historic Properties (Secretary’s Standards) throughout the body of the document as the guiding set of principles for historic preservation in Old Towne. The updated Design Standards are founded on the Secretary’s Standards, so that they are consistent with professional historic preservation practice and technical recommendations from the National Park Service. The RELATED GUIDANCE section (pg. 2) describes both the ten Standards for Rehabilitation, which are most commonly used for projects in the Historic District, and the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, which offer technical guidance on applying the Secretary’s Standards to specific properties. This section clarifies that the Design Standards and Secretary’s Standards are consistent with each other and that projects that are in conformance with the Design Standards will also be in conformance with the Secretary’s Standards. Design Review The DESIGN REVIEW section (pg. 7) describes the process for ensuring that project in the Historic District are in conformance with the Design Standards. Design review under the updated Design Standards is streamlined by clarifying the types of projects that are delegated to staff for administrative review and eliminating Planning Commission review for specific types of projects. Planning Commission Review of Second Story Additions and New Units The update to the Design Standards eliminates the requirement for a Conditional Use Permit, reviewed by the Planning Commission, for new two-story construction in the Historic District. It also eliminates the requirement for Planning Commission review of additional units on lots zoned for such purposes. Staff recommends eliminating the Planning Commission review of these project types because the primary issues associated with these projects are related to mass, scale, design, aesthetics, and impacts on historic resources and the historic streetscape. These issues are within the purview of the Design Review Committee, and these projects do not typically include land use issues that are the purview of the Planning Commission. Issues related to neighborhood compatibility with these projects are worked out at the DRC level, and staff has not seen that these projects benefit significantly from additional Planning Commission review, either from the standpoint of vetting land use issues or neighborhood participation in the public meeting process. Staff has removed the additional Planning Commission review, as it appears to increase the applicant’s time and costs for processing projects without providing substantial benefits to the community. However, larger projects that require entitlements such as Variances or Major Site Plan Reviews or environmental review documents under the California Environmental Quality Act (CEQA) will still need final determinations by the Planning Commission or City Council as outlined in the Orange Municipal Code and Local CEQA Guidelines. Minor Design Review Under the existing Design Standards, certain types of minor projects are delegated to staff for review; however, there is no formal application for this type of project. The update to the Design Standards creates an application type called Minor Design Review (MDR) for these minor changes to historic properties, such as new fences, patio covers, and re-roofing. The Minor Design Review (MDR) application will be filled out at the Planning Division counter and is currently proposed as Planning Commission Staff Report November 20, 2017 Page 5 no fee application. Typically, the application will be processed in one visit to the Planning Division Counter. This formal application will allow Planning Division staff to track the number and location of MDR projects throughout the Historic District. It will also allow the Code Enforcement Division to confirm whether projects have been approved by Planning staff when complaints are received about work being done in the Historic District. Common Projects in the Historic District The following are common types of projects that are reviewed in the Historic District. These sections of the Design Standards have been updated to incorporate long-standing policy interpretations of the existing Design Standards and to ensure that the standards are clear and transparent for property owners and design professionals planning for projects in the Historic District. Solar Panels The installation of solar panels is addressed in the section on STANDARDS FOR HISTORIC BUILDING FEATURES – MECHANICAL SYSTEMS (pg. 26). The permitted locations for solar panels have not changed from the existing Design Standards: the rear 50 percent of the roof of a primary building or the interior 25 percent of roof of a primary building on a corner lot. However, in some cases, solar panels in these permitted locations may be visible from the street. Staff has added language that allows additional review and modification of installations that are visible from the street to maximum allowed under the Solar Rights Act. Generally, staff can request modification to installations that do not decrease the efficiency of the system by more than ten percent or increase the cost of the system by more the $1,000. Staff has also added requirements for panels to be parallel to the roof plane, attached using non-destructive means, and installed without gaps between the panels. Staff recommends that these additional standards will improve the outcomes of solar panel installation in the Historic District, while complying with state law regarding solar panels. Fences and Landscaping Front yards, parkways, and fencing play a large role in preserving the character of the Historic District. These elements are addressed in the section on STANDARDS FOR HISTORIC RESIDENTIAL BUILDINGS – SETTING (pg. 27). The updated Design Standards do not require specific types of landscaping or review of landscaping projects for residences in the Historic District. However, the update encourages the use of compatible plantings in front yard and parkways to support preservation of the neighborhood’s character. Vinyl, chain link, and plastic fences are prohibited. Artificial turf in areas visible from the street is also prohibited, but compatible drought tolerant and low water plantings in these areas are encouraged. Paving and non-porous surfaces should also be minimized. The DRC recommended that these standards related to landscaping are important to preserve the historic streetscape in Old Towne’s residential neighborhoods. Garages and Accessory Structures The existing Design Standards do not specifically address the treatment of historic garages and accessory structures in the Historic District, which is a topic that frequently comes up as property owners are planning for preservation of their historic houses. The update covers this topic in the section on STANDARDS FOR HISTORIC RESIDENTIAL BUILDINGS – GARAGES AND ACCESSORY STRUCTURES (pg. 31). Because the Historic Resources Inventory forms for the Historic District do Planning Commission Staff Report November 20, 2017 Page 6 not specifically identify accessory structures as character-defining features of the properties, staff has been identifying accessory structures as historic features on a project-by-project basis under the existing Design Standards. The update specifically addresses the circumstances under which an accessory structure will be considered a character-defining feature of the property, so that property owners can better plan for the treatment of these historic features. A garage or accessory structure will be considered to be a character-defining features of the property if: 1) it was constructed during the Historic District’s period of significance (1888-1940); and 2) retains physical features from that time period. The section also addresses relocating historic accessory structures on a property; proposing demolition of a historic accessory structure due to its condition; and recommendations for new garages and accessory structures. A proposal for relocation of a historic accessory structure on a property will require providing a plan for relocation of the structure intact and wit h minimal loss of historic material. A proposal for demolition of a historic accessory structure due to its condition will require providing specific evidence on the feasibility of preserving the structure and a detailed plan for its reconstruction using salvaged materials. New Construction Related to Historic Buildings The STANDARDS FOR NEW CONSTRUCTION RELATED TO HISTORIC BUILDINGS (pg. 43) address additions to historic buildings and new infill construction in the Historic District. The standards address the mass, scale, height, roof form, windows/doors, and materials of additions and other new construction. Additions are required to use traditional building materials and should be designed so that there is minimal loss of materials and character-defining features on the historic building. New infill construction is encouraged, but not required, to use traditional building materials. Alternative materials may be considered if they are compatible with historic materials on comparable historic buildings. This section also addresses the concept of a compatible Floor Area Ratio for new construction in the Historic District, in response to the Grand Street Study, which was a study of the development patterns and zoning and General Plan designations of the 300 and 400 blocks of South Grand Street directed by City Council in 2004. The study made a number of recommendations on updates to the Design Standards to better protect the character of the Old Towne’s residential neighborhoods and to provide clearer direction to applicants proposing projects in the Historic District, including recommendations related to lot coverage. On February 3, 2016, staff held a study session with the DRC on the recommendations of the Grand Street Study. The Committee discussed using Floor Area Ratio (FAR) as a way to evaluate compatible new development in the Historic District. Based on this discussion of appropriate FAR and lot coverage for the Historic District, the updated standards include FAR as one measure of compatible new development in the Historic District. New construction is recommended to use the average FAR of contributing properties on the surrounding block as an appropriate benchmark. Non-contributing properties would not be included in the FAR average. The updated Design Standards provide a description and graphic on how to calculate the FAR for a property. Staff anticipates that a project involving new infill development would include FAR calculations for the surrounding block as part of the submittal to the DRC, so that FAR can be evaluated as one component of compatibility of the project. Rather than providing a fixed maximum for the entire Historic District, the FAR average focuses on the context of the neighborhood surrounding the Planning Commission Staff Report November 20, 2017 Page 7 proposed project site and how the project fits into that setting. The intention is to treat FAR as one of a number of factors that guide the development of a project that can be found in conformance with the Design Standards. PUBLIC OUTREACH The draft update has been linked on the Historic Preservation page of the City website for public comment since June 2017. Property owners were informed of the draft update and DRC and community meetings and asked for comments through mailings sent on June 15, 2017 and August 4, 2017, supplemented by social media contact from the Old Towne Preservation Association. Two community meetings on the draft update were held in August. The first was a Town Hall in partnership with the Old Towne Preservation Association held on Tuesday, August 22 at 6:00 p.m. in the Orange Public Library Community Room. The second was run by City staff and held on Wednesday, August 30 at 6:00 p.m. in the Orange Public Library Community Room. Thirty-eight community members attended the first meeting. The second was attended by approximately 10 people. At both meetings, attendees had positive reactions to the draft update, and the discussion included comments on:  The use of alternate materials, such as vinyl  Fences  Solar panels  Garages and accessory structures  Landscaping Staff has incorporated the DRC and community recommendations from these meetings into each section of the updated Design Standards, based on the meeting minutes and additional notes from the study sessions and community meetings. In general, the revisions from the DRC were focused on:  Updating photographs and graphics for clarity  Providing additional information on the project review process  Incorporating references to other City ordinances that apply to the Historic District, including the Demolition Review Ordinance and Tree Preservation Ordinance  Updating the text of specific standards, particularly related landscaping, fences, and mechanical equipment  Clarifying the standards related to non-contributing buildings  Incorporating additional language from the Secretary’s Standards into the standards for additions and other new construction related to historic buildings Planning Commission Staff Report November 20, 2017 Page 8 DESIGN REVIEW COMMITTEE RECOMMENDATION The Design Review Committee reviewed the draft update to the Historic Preservation Design Standards for Old Towne at the November 1, 2017 meeting, and recommended approval to the Planning Commission. At the DRC meeting, the Committee recommended a number of minor text changes to the updated Design Standards for the Planning Commission’s consideration. These recommended changes are indicated by orange numbered labels in the update to the Historic Preservation Design Standards for Old Towne provided as Attachment 1 – Exhibit A to the Staff Report. The numbered labels correspond to numbered rows in the DRC Recommended Revisions, which describe in detail the recommended revisions. The recommended revisions focuses on changes in word choice and minor additions to the sections on roofs, windows, and landscaping. Staff concurs with the DRC’s recommended changes and requests that the Planning Commission consider and recommend approval of the update, as amended by the DRC, to the City Council. REQUIRED FINDINGS The update to the Design Standards will be adopted by City Council Resolution. The update is consistent with the City’s General Plan, as described in Attachment 1 – Planning Commission Resolution No. 31-17. General Plan Findings: 1. The project must be consistent with the goals and policies stated within the City’s General Plan. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Planning Commission Resolution No. 31-17  Exhibit A: Update to Historic Preservation Design Standards for Old Towne and DRC Recommended Revisions Table 2. Existing Historic Preservation Design Standards for Old Towne, 1999 3. DRC Minutes from Study Sessions on June 21, 2017 and August 9, 2017 4. DRC Staff Report from November 1, 2017 N:\CDD\PLNG\Historic Preservation\Old Towne Design Standards - Draft Update\PC\PC Staff Report - Design Standards Update 2017-11-20.docx