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1993 01 12 HPCHISTORICAL PRESERVATION CORffTSSION A Regular Meeting to be Held at the La Quinta City Hall, 78-105 Calle Estado La Quinta, California Immediately following Planning Commission Meeting January 12, 1993 Beginning Minute Motion 93-001 CALL TO ORDER - Flag Salute ROLL CALL BUSINESS SESSION 1. Confidentiality procedures 2. Discussion of materials contained in Historical Preservation notebook 3. Discussion of joint meeting with the La Quinta Historical Society PUBLIC COMMENT This is the time set aside for citizens to address the Historical Preservation Commission on matters relating to historic resources within the City of La Quinta which are not Agenda items. When addressing the Historical Commission, please state your name and address. When addressing the Commission on matters pertaining to prehistoric sites, do not disclose the exact location of site for their protection. CONSENT CALENDAR Approval of the Minutes of the regular Historical Preservation Committee meetings held on July 14, 1992 and November 24, 1992. I . 3 ADJOURNMENT ":U-U001 PC/AGENDA STUDY SESSION MONDAY, January 11, 1993 CANCELLED PC/AGENDA �J_�U�002 MINUTES HISTORICAL PRESERVATION COMMISSION - CITY OF LA QUINTA A, regular meeting held at the La Quinta City Hall 78-105 Calle Estado, La Quinta, California July 14, 1992 I. CALL TO ORDER A. The meeting was called to order at 8:04 P.M. by Commissioner Barrows. who led the flag salute. II. ROLL CALL A. Commissioner Barrows requested the roll call. Present: Commissioners Mosher Ellson, Adolph, and Commissioner Barrows. Commissioner Ellson moved and Commissioner Mosher seconded a motion to excuse Commissioner Marrs. Unanimously approved. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planner Greg Trousdell, and Department Secretary Betty Anthony. III. ELECTION OF OFFICERS: A. Commissioner Mosher nominated Kattie Barrows as Chairman. Commissioner Adolph seconded the motion. There being no other nominations Commissioner Mosher moved and Commissioner Ellson seconded the motion to close the nominations. Katie Barrows was elected Chairwoman unanimously. B. Commissioner Mosher nominated Marion Ellson as Vice Chairman. Commissioner Adolph seconded the motion. There being no other nominations Commissioner Mosher moved and Commissioner Adolph seconded the motion to close the nominations. Marion Ellson was elected Vice Chairman unanimously. IV. BUSINESS SESSION: A. Review of Duties: Planning Director Jerry Herman reviewed the duties and responsibilities of the Historical Commission with the Commissioners as they were presented in the adopted Ordinance. He then presented options to the HPC7-14 1 .r,u 0 0 0 03 Historical Preservation Commission Minutes July 14, 1992 Commission as to how they wanted material presented to the Commission. 1. Chairwoman Barrows suggested the Commission meet with the Historical Society and from that meeting determine sites and ideas as to how best establish a system of preservation. She further suggested that other cities be contacted as to their procedures and policies. 2. Commissioner Ellson asked that the list be consistent with the new updated General Plan. She also asked who declares a site "Historical'. In addition, does the National Society provide any benefits to people who dedicate their property as a historical site? If there are no National benefits, can the City provide any? Staff stated they would look into these questions. 3. Discussion followed between the Commissioners regarding how to determine sites, criteria for determining a site, the compilation of a list, possible archaeological sites, and benefits to the property owners. 4. Commissioner Mosher asked if the City Attorney might be able to give some in sight as to how other cities have established sites and criteria. 5. Chairwoman Barrows and Commissioner Ellson suggested that the different Indian Tribal Councils be contacted as to known locations. They further suggested that the Commission invite different speakers to educate the Commission in different areas. 6. Chairwoman Barrows suggested that the pending La Quinta Canyon Mall be approached to provide a location where people can learn about the historical sites. B. Meeting Schedule: Planning Director Jerry Herman presented possible options to the Commission as to meeting times and dates. HPC7-14 1. Discussion followed among the Commissioners and Staff relative to meeting only once every month following the Planning Commission meeting with the lightest agenda. 2. Commissioners Ellson and Mosher asked that the next meeting be a preparation meeting to familiarize the Commission with material. The next meeting would then be a joint meeting with the Historical Society and 7 'J'o , 004 Historical Preservation Commission Minutes July 14, 1992 possibly the Coachella Valley Archaeological Society. C. Rules and Procedure: Planning Director Jerry Herman stated the agenda would be formatted similar to that of the Planning Commission and Design Review Board. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR - None VH. OTHER - None VUL ADJOURNMENT: A motion was made by Commissioner Mosher and seconded by Commissioner Ellson to adjourn this regular meeting of the Historical Preservation Commission to a regular meeting in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 8:31 P.M., July 14, 1992. HPC7-14 3 +�.0 li . 005 MINUTES HISTORICAL. PRESERVATION COMMISSION - CITY OF LA QUINTA A regular meeting held at the La. Quinta City Hall 78-105 Calle Estado, La Quinta, California November 24, 1992 I. CALL TO ORDER A. The meeting was called to order at 11:25 P.M. by Chairwoman Barrows. H. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Committee Members Ellson, Marrs, Adolph, and Chairwoman Barrows. Committee Member Ellson moved and Committee Member Marrs seconded a motion to excuse Committee Member Mosher. Unanimously approved. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, and Department Secretary Betty Anthony. III. BUSINESS SESSION: It was moved and seconded to continue this meeting of the Historical Preservation Committee to January 12, 1993, at 7:30 P.M. due to the lateness of the meeting. Unanimously approved. V. PUBLIC COMMENT - None VI. CONSENT CALENDAR - None VII. OTHER - None VIII. ADJOURNMENT: A motion was made by Committee Member Adolph and seconded by Committee Member Ellson to adjourn this regular meeting of the Historical Preservation Commission to a regular meeting on January 12, 1993, in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Historical Preservation Commission was adjourned at 11:28 P.M., November 24, 1992. HPC11-24 1 �_., 00C STAFF REPORT HISTORICAL PRESERVATION COMMISSION TO: HISTORICAL PRESERVATION COMMISSION FROM: LESLIE BLODGETT; PLANNING & DEVELOPMENT DATE: JANUARY 12, 1993 SUBJECT: PROCEDURES TO MAINTAIN CONFIDENTIALITY OF PREHISTORIC SITE LOCATIONS DISCUSSION: Guidelines of the State Historic Preservation Office require the maintenance of confidentially concerning the locations of prehistoric resources. The exact locations of prehistoric sites should only be revealed to those individuals on a qualified need -to -know basis. Confidentiality is required in order to protect sites from looting and vandalism. Individuals who might have a need to know site locations include the property owner, project planners, project architect or engineer, and decision making bodies. Historically, "pot -hunters" have been able to obtain site locations from public documents such as EIR's, EA's, staff reports and meeting minutes. In order to prevent public access to site location information it is necessary to censor such information from staff reports and public hearings. One method of maintaining confidentiality during meetings is to recess to a closed session whenever the precise location of a site or sites must be discussed. A similar practice is followed by City Council when personnel issues are discussed. RECOMMENDATION: Move to continue consideration of this issue until the City Attorney has commented and proper Resolutions can be prepared. STAFFRPT.102/CS -1- �J.0u, 007 connections. This bill repeals this existing law and instead authorizes the Department of Health Services to 'r delegate primary responsibility for the administration and enforcement of existing law provisions, with certain exceptions, to a'local primacy agency by means of a primacy delegation agreement with the local health officer. The bill also makes a number of changes to existing law that concerns public water systems serving 200 or more service connections and public water systems that treat water on behalf of one or more public water systems. The bill also includes a number of other provisions, including small and large public water systems including reports, fees and water quality standards. 164. Water Transfers. AB 2897 (Cortese) Chapter 481. This bill authorizes a water supplier to contract with persons entitled to water service to reduce or eliminate their use of water and contract with a state drought water bank or another water supplier or user inside or outside its service area to transfer or store, as part of a transfer, specified water, if certain requirements are met. 165. Reclaimed Water. AB 2731 (Kelley). Chapter 242. This bill requires all pipes installed above or below ground on or after June 1, 1993 that are designed to carry reclaimed water to be colored purple or distinctively wrapped with purple tape. This requirement is applicable only in areas served by a water supplier delivering water for municipal and industrial purposes and in no event applies to any municipal or industrial facilities that have established a certain labeling or marking system as otherwise required by a local agency or to water delivered for agricultural uses. 166. Reclaimed Water. AB 2627 (Baker)- Chapter 418. Existing law prohibits a person or public agency from using water suitable for potable domestic uses for non -potable uses if suitable reclaimed water is available, according to prescribed provisions. This bill, with certain exceptions, requires water delivery systems on private property that could deliver reclaimed water for specified non -potable uses, that are constructed on or after January 1, 1993, to be designed to ensure that the water to be used for only potable domestic services is delivered from the point of entry to the private property, in a separate pipeline which is not used to deliver reclaimed water. 167. Water Facilities Financing. AB 2537 (Moore). Chapter 643. This bill includes as projects eligible for financing under the California Pollution Control Financing Authority Act water utility property and other facilities for the purpose of purchase, production, distribution or sale of water that are developed or useful in control of pollution. The bill requires that projects be considered for financing under the Act which utilize technologies designed to reduce the level of pollutants in water or which are reclaimed water facilities, water main replacements or water filtration facilities. 168. Water Theft and Vandalism. SB 1665 (McCorguodale). Chapter 402. This bill changes the enforcement and penalties for theft of water and vandalism of water systems. 169. Water Agencies and Districts. AB 2635(Cortese), Chapter 1208. This bill, among other provisions, makes a number of changes to existing law concerning local agencies operating under the Revenue Bond Law of 1941 and the authority of such agencies to impose liens upon real property for the collection of delinquent accounts. It also makes changes in existing law concerning the procedures a water conservation district must follow for levying, assessing and affixing charges on all persons operating groundwater producing facilities. MISCELLANEOUS ENVIRONMENTAL 170. Surface Mining. AB 3098 (Sher). Chapter ]077. This measure makes a number of minor and moderate procedural changes to the Surface Mining and Reclamation Act of 1975. 171. Surface Mining. SB 1569 (Rogers). Chapter 1066. Under existing law, the State Mining and Geology Board is required to impose an annual recording fee on each active or idle mining operation. This bill provides that the State of California and any county, city, district or other political subdivision are not exempt from that fee. e72. Historical Resources. AB 2981 (Frazee). Chapter 1075. This bill establishes the California Register of Historical Resources that includes state and local resources designated as historical. The bill establishes a procedure for reviewing and determining the significance of a historical resource and whether or not it is eligible to be included LCC Wrap -Up Bulletin - 11/92 .43. Statutes of 1992 .J.Ou, 008 in the California Register. The bill provides that resources on the Register are not exempt from review by the California Environmental Quality Act (CEQA). If a local government objects to the nomination of a local resource to the Register, the State Historical Commission shall, at a minimum, adopt findings that identifies the historical or cultural significance of the resource and if applicable, the overriding significance of the resource that has resulted in its being listed in the California Register over the objections of the local government. If an individual property, owner objects to placing the resource on the Register, the resource shall instead be deemed to be eligible for listing on the California Register of Historical Resources. 173. Resources. SB 1565 (No Designated Author). Chapter 701. UEgen . Among other provisions, this bill creates the Recreational Trail Fund which requires the Controller to transfer all money allocated to the state by the federal government pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 to the Fund and requires that the money in the Fund be available upon appropriation for grants to cities, counties, districts, state agencies and nonprofit organizations to acquire and develop recreational trails in accordance with the federal Act. 174. Historical Resources Property Recordation. AB 3037 (Hauser). Chapter 1325. This bill requires, after March 15, 1993, that a certified resolution establishing the historical designation for an individual property by the State Historical Resources Commission or a local agency be recorded with the county recorder in order to be effective. The bill authorizes resolutions for previously designated properties to be recorded, but is not explicitly retroactive. The bill establishes a procedure for the state and local agencies to submit information to the county recorder. VI. BUILDING REGULATION, CODE ENFORCEMENT, NUISANCE ABATEMENT 175. Plans and Specifications for Development. AB 1236 (Mountioy). Chapter 541. This bill would prohibit the enforcement agency of any city, county, or city and county from requiring a new or modified building requirement different from those specified in the plans and specifications approved during plan -checking functions for which a building permit is issued unless any of specified conditions apply. These conditions include insufficient detail, modifications by the permittee, expiration of the permit, and other conditions. This bill would authorize a local enforcement agency, as defined to require a permittee, as a condition of receiving a building permit, to participate in a preconstruction conference to review the plans and specifications for consistency of building code interpretations and adequacy and sufficiency of building plan details. 176. Fee Collection and Urgency Ordinances Relating to land Use. AB 1262 (Chacon). Chapter 231. This bill amends Government Code section 65858 and 66007. It prohibits the adoptions or extension of an interim ordinance unless it contains a finding that there is a current and immediate threat to the public health, safety or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in such a threat to public health, safety or welfare. It repeals the sunset clause of 66007, which leaves in effect after January 1, 1993 the existing law which provides that any local agency which imposes fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges until the date of the final inspection, or the date the certificate of occupancy is issued, whichever first occurs. 177. Refund of Development Fees. AB 2945 (Brulte). Chapter 605. Current law provides that when a party who has filed a protest and filed an action challenging fees or other exactions, if the court fords in favor of the plaintiffs, it must direct the local agency to refund the unlawful payment or exaction. AB 2945 provides at Government Code section 66020(f)(2) that any unlawful portion of the payment or exaction to be imposed on residential housing shall also be returned to others who have similarly paid the illegal fee, but have not themselves filed an action, if an action has been filed by a thud party within 120 days of the date of effect of an ordinance or resolution to establish or modify a fee, dedication, reservation or other exaction. 178. Plan Check Timeline Reduction. AB 3101 (Speier). Chapter 834. This bill amends Health and Safety Code section 17960.1 and adds section 18937 to redefine 'excessive delay' when local agencies review residential and LCC Wrap -Up Bulletin - 11/92 - 44 - Statutes of im 1J_0 h , 009 Subdivision Regulation and Historic Preservation Stephen A. Morris Preservation Planner, National Park Service August 1992 In the language of land use planning and regulation, the term 'subdivision" refers to the process by which a tract of land is split into smaller parcels, lots, or building sites for the purposes of sale and eventual development. The regulation of land subdivision by local governments is one of the principal means of guiding the direction and quality of land development. Under local subdivision regulations, a landowner is not permitted to divide and sell his land until the governing body or its designated local agent, has approved a plat (map) of the proposed subdivision design. In many suburban and rural areas, subdivision regulation rivals zoning in importance as a public control on land development or redevelopment. In urban areas, subdivision regulation determines whether or not large lots in established neighborhoods can be split up into smaller lots for new development which may alter the character of the neighborhood. Like zoning, subdivision regulations can be either harmful or helpful in the preservation of historic properties. Advocates of preservation should be knowledgeable about subdivision regulation in their communities in order to determine what effects it has on the community's historic resources. Now does subdivision regulation affect historic preservation? When a parcel of land is subdivided for development, the historic resources, both standing structures and subsurface sites, on that land become vulnerable to destruction if the proposed new development is not carefully arranged on the parcel of land. For example, a 1990 excavation for the foundation of a house in Ledyard, Connecticut uncovered human remains and funerary objects associated with an unmarked Mashantucket Pequot cemetery which had been in use between 1667 and 1721. Field examination revealed that 15-25 graves had been destroyed by the excavation. Tribal authorities worked with the landowner, town officials, and State officials to allow construction of the home to continue while at the same time ensure that the remaining portions of the cemetery would be 01n q preserved. Even when historic resources are not directly threatened by demolition, the resource's immediate surroundings including, for example, secondary buildings or structures and important landscape features such as woodlots or hedgerows, can be destroyed by insensitive land development. Subdivision regulations that include provisions to protect historic properties can help prevent this needless destruction by ensuring that the developers or subdividers take historic resources into account as they lay out lots, blocks, and streets. As a result of the Pequot cemetery incident, the Ledyard Planning Commission amended its subdivision regulations to require that archeological resource inventories be conducted in all areas covered by newly proposed subdivisions and that all subdivisions should be laid out to preserve significant historic resources. 36 C� N ,34 �vK j 32 35 y K vk. 33w. er r.. r•oo., n �� � vK ,r «�/ E3 •a r 31 30 _2 - 6SAM,K : ; 8 ( 26 3 4 uK / \ fD N. 29 U K 9 `28 13 11 10 24 27' ,.4. 12 ,,, „. /. ISM. , t i 14 18 ` � 16 non ror me roast End Farms subdivision in prince Georgo's County, Maryfwd. Negotiations between the Historic preservation Commission and the developer fed to a doubting of the size of the /at containing the historic Estate House, relocation of the subdivision entrance road, and Commission review over new construction on adjoining lots. (Reproduced b y permission of the Lawrence Dog Company.) J_i 011 3 What purposes do subdivision regulations serve? Modern subdivision regulations are an outgrowth of colonial laws relating to the the layout of new towns and 19th-century laws that sought to ensure the maintenance of proper land records by requiring accurate surveying and platting (mapping) of land as it was sold. Titles to land can be identified more readily if they refer to a surveyed and recorded plat in addition to the traditional 'metes and bounds" description. Many States adopted modern subdivision enabling legislation following the publication of the Standard City Planning Enabling Act by the Department of Commerce in 1928. As a result, subdivision ordinances were transformed into development controls with design standards for lots and blocks and, eventually, design and construction standards for new roads and other subdivision improvements. The public interest in land subdivision derives from the fact that once.land is divided into streets, blocks, and lots and is publicly recorded, the pattern of development is set for years to come and is difficult to change. Communities have adopted such controls to prevent poor quality development within their jurisdiction, i.e., subdivisions with inadequate streets, water mains, sewers and other facilities, which, if built, could result in health and safety problems and diminished property values. Increasingly, subdivision regulations have been used by local governments as a way of sharing with the private sector (i.e. the developers creating the subdivisions) the financial burdens of building and maintaining the new roads, sewers, and other infrastructure associated with new development. Do subdivision regulations apply to all divisions of land and property transactions? The definition of subdivision varies widely from State to State. In most States, subdivision for the purposes of local regulation is defined in the State enabling legislation (although some States, such as Virginia, allow local governments to adopt their own definition). One State defines subdivision as "the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions." Another defines it as the division "into three or more lots or parcels of less than five acres each for the purpose of transferring ownership or building development." In some jurisdictions, large-loi subdivisions (2-, 5- , or 10- acres) are exempt from regulation. Conversely, in some States, such as North Carolina, small-scale subdivision (involving land in single ownership whose entire area is nc greater than two acres) is exempt. How do subdivision regulations relate to a community's comprehensive plan and to its zonint regulations? In communities which have a comprehensive or master plan, both zoning and subdivision ordinance'. carry out or implement the plan's policies. Zoning regulates the uses of land as well as the intensit, of use (e.g., number of dwelling units), while subdivision ordinances regulate the division of tracts inti 4 building lots and the provision of infrastructure. In terms of their relationship to each other, both zoning and subdivision regulations may specify minimum lot size, shape, and access requirements; some of the standards from the zoning ordinance are typically incorporated by reference into the subdivision ordinance. While historically zoning and subdivision have been seen as separate kinds of regulations, the distinction between them is blurring and both come into play in all but the simplest development project. Is subdivision regulation a tool for limiting growth and development? No. While a well -crafted subdivision ordinance can be very effective in minimizing the negative impact of development, subdivision ordinances do not determine where, or if, development can take place; they merely ensure that whatever development does take place meets appropriate quality standards. Consequently, subdivision regulation alone, even when it incorporates preservation concerns, is insufficient to prevent development from ocurring. A determination of how much new growth and development a community wants and where in the community it should be located is a function of the community's comprehensive or master plan. Communities that wish to limit new development in the interest of maintaining rural character, for example, will likely have to consider a range of additional strategies beyond subdivision regulation, including scenic road designations, agricultural preservation techniques, acquisition of easements, etc. What sorts of concerns come under the purview of subdivision regulations? Typically, subdivision ordinances cover the following kinds of issues: • Street design, which deals with the layout or pattern of streets, their width, the spacing of intersections, the location of pedestrian ways, and the relationship of the subdivision streets to the community's existing streets. • lot layout and design, including the size and shape of lots and minimum width where lots meet the street (frontage requirements). • Provision of utilities to serve the residents of the new development including water supply, gas and electrical service, and sanitary sewers. s Hazardous and environmental areas requiring special attention such as steep slopes, floodplains, unstable land, wetlands, woodland conservation areas, and habitats for endangered species. • Stormwater management, which deals with providing for safe and environmentally appropriate drainage of stormwater through installation of storm sewers and other drainage systems. • Soil erosion and sedimentation of streams and rivers, which seeks to limit the extent of grading and land disturbance and the length of time graded areas can be exposed without ground cover. • Water quality, which deals the impact of new development on water -supply watersheds and seeks to limit the pollution of drinking water supplies. • Landscaping and aesthetics, which deals with protecting existing vegetation and the installation of new vegetation such as street trees and buffers or planting strips to shield new subdivision residents from the effects of adjacent land uses. • Mandatory dedication of land for public facilities, such as roads, parks, and schools needed to serve the residents of the subdivision. What types of improvements do subdivision regulations typically require? The types of improvements required by subdivision regulations varies according to the type of subdivision (e.g., whether it is industrial or residential) and its density. However, the types of improvements typically required of developers in residential subdivisions are fairly standard and include paved streets (including curb and gutter where appropriate), surface and subsurface drainage facilities, sidewalks in some instances, water and sewer lines where service is available, and fire hydrants. More demanding municipalities may require street signs, streetlights, subdivision entrance signs, perimeter fences or walls, trash receptacles, or even bus shelters. Which local jurisdictions are empowered to adopt subdivision regulations? Local governments derive their power to regulate subdivisions from State enabling legislation; virtually all States allow various classes of municipalities to exercise this power. Some States, such as Alaska and Virginia, require certain or all units of government to do so. In many States, the power to enact and enforce subdivision regulations may be applied in areas immediately adjacent to a municipality'; borders. Since a substantial amount of land subdivision occurs on the fringe of urban and suburbar areas outside municipal boundaries, virtually all States also allow Counties (or comparable units) tt review subdivision plats. What agency of local government adopts and administers subdivision regulations? The way in which subdivision regulations are adopted and administered varies from jurisdiction tr jurisdiction and from State to State. In some States, (e.g. Arizona) the legislative body both adopt: the regulations and approves plats. In most States, locally appointed planning commissions or board. are delegated authority to regulate subdivisions. In some States the planning commission both adopt, the subdivision regulations and reviews subdivision plats; in others, the planning commission acts onl, as a plat approval agency while the local legislative body adopts the regulations. In many States, pla approval authority is delegated to staff technical review committees or the planning director. -J_? 014. N What is the subdivision application and review procedure? Typically, there are two stages in the review of subdivision proposals --preliminary (or sketch plan) anc final plat review. The steps in the review of preliminary plats generally take place as follows: II Pre -filing conference between developer and local government representative (planning department staff) 2) Developer submits application 31 Planning department (or other authorized review body) accepts application 4) Application is distributed to appropriate State and local agencies (e.g., State health department, utilities, transportation agency) for review 5) Planning department and other agencies conduct field inspection as appropriate 6) Other agencies submit written comments on application to planning department 7) Planning department compiles other agency comments and those of its own staff into a report 8) Staff or planning department approves the plat, often with conditions, or disapproves it (o recommends approval/denial to the planning commission or the local governing body). (A public hearing may be required as part of the approval process). If approved, the applicant goes on to final plat review, generally within a specified period of time; it not, the applicant is informed and generally given the opportunity to redesign the subdivision tc conform with the requirements of the community's regulations and to reapply for approval. Final plat review and approval follows a similar sequence. A large part of final plat review involves ensuring compliance with the conditions established during preliminary plat approval; major changes to the subdivision layout (such as streets, lots, nondisturbance areas) are not usually permitted at this time, The final plat is recorded as a legal document in the land records with metes and bounds description Many communities have a simplified review and approval process for *minor subdivisions' which migh be defined as those involving fewer than five lots, requiring no new streets or roads, and requiring nc new extension of water or sewer lines. What role does a local historic preservation commission or landmarks board have in the subdivision review process? When an application for subdivision is submitted for parcels of land that contain historic resources of for parcels that are adjacent to historic resources, the local historic preservation commission shouk have an opportunity to review and comment on the application as part of the routine plat revievi process (corresponding to Step 4 listed above). Ideally, local laws should include provisions tha require consideration of historic resources and list the preservation commission as a required referra _J_(1O O1r, 7 body on subdivision cases. If this is not possible, the commission should make an informal arrangement with the planning office to receive and comment on applications (under these circumstances the commission may have to conduct its review and provide its opinion relatively quickly so as to not interrupt the broader review process). The commission should ensure that the planning office has accurate information (on maps and in other forms) on the location of all historic properties in the community (depending on local law, the commission may be restricted in its review of subdivision plats to only those that affect officially designated historic resources). How does a preservation commission review a subdivision proposal? To facilitate the commission or its staff's review of a subdivision plat, applicants should be required to show all historic resources on or adjacent to the property being developed. For.proposals that involve the subdivision of historic sites themselves (e.g., a farmstead or an estate) the commission should consider whether or not the applicant is retaining enough land and historic features to maintain a sense of the primary building's historic setting. Significant outbuildings, family cemeteries, stone walls, and ancient trees should be kept with the lot of the historic house. Even if a barn or a farm road is too far from the house to be included in its lot, the commission may be able to negotiate with the applicant to find ways to save such resources, either as part of another lot or as a community feature. What factors should a commission consider in reviewing a subdivision proposal? The commission or its staff should consider the following factors: • Topography. Does the historic site sit on a hill? Will the new development be visible from the historic site? Will new development block important views from the historic site? • Vegetation. Does the setting consist of scrub, new growth, or mature growth? Does the local subdivision law require the developer to map the general location of stands of trees and indicate which ones he plans to retain? For example, are there remnants of old orchards which could be preserved? • Layout of lots. Does the arrangement allow the new lots to back up to the setting of the historic site, or will the historic site front on a new road? • Historic features. How can historic features be used in the development of new design alternatives? For example, can old farm lanes be used as drives or internal hiking trails? • Siting of buildings. Do new buildings intrude on important views of the historic site? Can they be sited within groves of trees or behind hills to protect views from the historic property? (Depending on the local subdivision law, a developer may not be required to show the location of buildings when applying for subdivision approval). • Alignment of "stubout" streets. Sometimes local governments require a developer to extend .J.0 i ' 016 E a street to the boundary of the development to connect with a street on adjacent property that is yet to be built (the developer's street ends with a temporary dead-end). If the adjacent property contains historic resources the commission should ensure that the alignment of the stubout street does not make it impossible to protect historic sites on the adjacent property when the connecting street is built. What sorts of specific requests can the preservation commission make of an applicant seeking to subdivide an historic site? Depending on the language of the local subdivision ordinance, the commission may be authorized to request that the applicant: • retain or incorporate into the new development major building and landscape. features. For example, fence lines and stone walls can serve as property lines, farm lanes can become paths or horse trails, and farm buildings can be reused as gatehouses, or storage shelters; • retain woodland to a depth that will effectively screen the historic site from the new development; • create a buffer zone, and buffer features, such as berms, to screen new development; • use a variety of high quality native planting materials; • protect original approaches including views from the road. Many subdivisions cause roads to be widened and hedgerows or mature old trees to be destroyed. The commission can request variations in road alignment and establish 'limits of disturbance' lines along the roadside to preserve the hedgerows and old trees. • provide a site plan showing that the placement of buildings within lots and the architectural design of the buildings is compatible with the historic site. • ensure that an appropriate party (a private owner, a property owners' or citizens' association, or some other local organization) assume responsibility for long-term maintenance of historic features that are retained. How can subdivision regulations be written to require consideration of historic resources? Typically, subdivision regulations require developers to avoid routing streets or placing lots on sensitive environmental features such as wetlands and floodplains. Subdivision regulations can be written to specifically require developers to give the same care in protecting historic resources as they do sensitive environmental features. Requirements relating to historic preservation are sometimes included in the environmental section of the subdivision ordinance as is the case in Prince George's County, Maryland. The Prince George's County ordinance includes the following 'historic preservatior requirements' for proposed subdivisions containing or adjacent to a historic resource: .4.0 (J" 010 9 11) Lots shall be designed to miminize adverse impacts of new construction on the historic resource; (2) Natural features (such as trees and vegetation) which contribute to the preservation of a historic resource or provide a buffer between the historic resource and new development shall be retained; and, (3) Protective techniques (such as limits of disturbance, building restriction lines and buffers) shall be used. (Subtitle 24, Subdivisions, Sec. 24-135.1) In addition, to "safeguard the integrity of the historic resource", the Prince George's County subdivision ordinance allows the Planning Board to require that the developer submit a "detailed site plan for the purpose of evaluating the effect of the orientation, mass, height, materials, and design of the proposed development on the environmental setting". When a developer proposes to subdivide land containing a cemetery (and does not plan to relocate the human remains to another cemetery), the County requires even more stringent conditions to be met including a complete inventory of existing cemetery elements and their condition as well as placement of lot lines in a way that promotes maintenance and protection of the cemetery. What procedures should subdivision ordinances establish for subdivision proposals that affect archeological sites? As discussed above, Ledyard, Connecticut amended its subdivision regulations to allow the Planning Commission to require a developer to prepare an archeological assessment if, in the Commission's opinion, 'there is a likelihood that significant cultural resources or undetected human burials will be adversely impacted by construction activities associated with the proposed development." The ordinance also includes a provision which obligates the Commission to seek the advice of the State Archeologist or State Historic Preservation Officer in determining the need for an assessment. II significant archeological resources are identified, the developer is required to submit a management plan describing measures to be taken to reduce the impact of new construction on the resources Isuch as conservation easements, redesign or relocation of roads, drainage features, or buildings). Similarly. at the earliest stages of the subdivision approval process, the Anne Arundel County, Maryland Office of Planning and Zoning routinely requires developers to conduct an archeological survey if the subdivision has known archeological sites or a high probability of containing sites. Developers are requested to avoid significant sites or to mitigate their destruction by retrieving information througt excavations. tD What additional measures can be employed as part of the subdivision process to protect and preserve historic resources? Mandatory dedication (dedication to public use) can be a useful preservation tool. As part of the mandatory dedication requirement, many subdivision ordinances require developers to set aside a certain percentage of the land in their subdivision for public right-of-way, open space, and recreational use to ensure adequate public facilities to serve the development. If this open space area is located where there are archeological sites, for example, the sites will be protected while recreational facilities such as nature and exercise trails (carefully sited' to avoid the archeological sites) can still be accommodated. The Westport, Connecticut subdivision regulations contain provisions for the establishment of 'Open Space Subdivisions' in residentially zoned districts. Among the purposes of allowing such subdivisions are: to permit the best possible design of a parcel of land after consideration of its particular topography, size, shape, soils or other unique features such as valuable trees, watercourses, waterbodies, and historical, archeological and/or paleontological sites. What about cluster subdivisions? Clustering allows the developer to develop lots smaller than those specified in the zoning and subdivision regulations and to concentrate housing units in one part of the tract to be subdivided, provided the remainder of the tract is reserved for permanent common use, often as open space. The actual number of lots is the same as if the tract had been subdivided in a conventional manner. This is important because some citizens believe clustering permits greater density when in actuality it creates the same number of lots but in a more site -sensitive layout. In jurisdictions that allow cluster subdivisions, developers can take advantage of it by including areas where historic resources are located in the undisturbed common land, while shifting development to portions of the tract where there are no historic resources. In Prince George's County, Maryland the subdivision regulations permit clustering for a variety of reasons'incfuding to 'encourage compatibility with historic resources'. Do subdivision regulations and review procedures affect historic resources in already developed areas such as historic districts and neighborhoods? Yes. Although subdivision is primarily thought of as affecting less developed areas, in certain cases, it can have negative implications in historic neighborhoods through what is known as resubdivision, in which traditionally large lots are split up into smaller lots. In these circumstances, the ample yards surrounding historic homes are crowded by houses built on the newly created smaller lots and the character and historic appearance of the neighborhood is changed. This was basis for the Greenwich, Connecticut Planning and Zoning Commission's denial of a property owner's application to resubdivide his property to create three lots in the town's Mill Pond Historic District. The Commission's decision 'id.V 6 01 y it was upheld by a Connecticut trial court in part because the town's subdivision regulations include provisions for the protection of historic properties. Resubdivisions sometimes involve what are known as 'pipestem' or 'flap' lots, which are distinguished by the fact that the portion of the lot that fronts on the street or the road is just wide enough to accommodate a driveway. Where subdivision regulations don't prohibit such lots, the owner of a large lot in a historic district may be allowed to resubdivide his lot by creating a pipestem lot extending behind his existing historic home. This kind of situation prompted the City of Rockville, Maryland to amend its subdivision regulations to prohibit 'pipestem' lots by requiring that resubdivisions in existing residential areas maintain the area and frontage of existing lots within five hundred feet of the proposed resubdivision. Conclusion Subdivision regulations are an important public control over private land development, especially in rural and suburban areas with large tracts of undeveloped land, but, also, in historic neighborhoods with traditionally large lots. When written to include preservation concerns, they can be a powerful tool to ensure that new development doesn't needlessly destroy historic resources. Citizens should familiarize themselves with the subdivision regulations in their own communities to determine whether or not historic preservation concerns are included. =•.ui 020 12 Sources of Information Unless otherwise noted, the following publications are available from the Planner's Bookstore, 1313 E. 60th Street, Chicago, IL 60637-2891. Phone: (312) 955-9100, FAX: (312) 955-8312. The Cluster Subdivision: A Cost -Effective Approach, Planning Advisory Service (PAS 356), 1980, American Planning Association Dealing with Change in the Connecticut River Valley: A Design Manual for Conservation and Development, Robert D. Yaro at al. Cambridge MA: Lincoln Institute of Land Policy and the Environmental Law Foundation, September 1988. "Land Subdivision Regulation", by David Ducker in The Practice of Local Government Planning, International City Management Association, 2nd ad., 1988. Linking the Past to the Future: A Land Conservation Strategy for Waterford, Virginia, forthcoming Fall 1992, Waterford Foundation, Inc. and National Park Service. Available from: National Park Service, Landmark Preservation, Preservation Assistance Division, P.O. Box 37127, Washington, DC 20013- 7127. Phone: (202) 343-9578. The Subdivision and Site Plan Handbook, David Listokin and Carole Walker, Center for Urban Policy Research, 1989, Rutgers University Press. "Subtitle 24. Subdivisions." Prince George's County Code 1987 edition, 1989, 1990 supplements, Prince George's County, Maryland. For further information contact: Prince George's County Historic Preservation Commission, County Administration Building, 14741 Governor Oden Bowie Drive, Upper Marlboro, MD 20772. Phone: (301) 952-3520. "Regulations Governing the Subdivision of Land," Town of Ledyard, Connecticut, Adopted: March 22, 1962, Amended: June 11, 1991. For further information contact: Town of Ledyard, Department of Planning, P.O. Box 38, Ledyard, CT 06339-0038. Phone: (203)464-8740. Acknowledgements: This document incorporates material prepared for the Maryland Association of Historic District Commissions by Gail Rothrock, Preservation Planner, who also provided thoughtful comments on early drafts of the manuscript. 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