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1997 09 04 HPC
� T ceit QQ U � S OFM Or HISTORICAL PRESERVATION COMMISSION AGENDA A Regular Meeting to be held in the Session Room at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California September 4, 1997 3:30 P.M. I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call C. Election of Chair and Vice Chair II. 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 and when discussing matters pertaining to prehistoric sites, do not disclose the exact location of the site(s) for their protection. III. CONFIRMATION OF THE AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Historic Preservation Commission meeting of May 22, 1997 and June 19, 1997. V. BUSINESS ITEMS 1. Status report on the City Historic Survey by Mellon and Associates. VI. CORRESPONDENCE AND WRITTEN MATERIAL VII. COMMISSIONER ITEMS VIII. ADJOURNMENT V U, 0 01 HPC/AGENDA MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall North Conference Room 78-495 Calle Tampico, La Quinta, CA May 22, 1997 CALL TO ORDER 3:30 P.M. A. This meeting of the Historic Preservation Commission was called to order at 3:30 P.M. by Chairman Millis. B. ROLL CALL 1. Chairman Millis requested the roll call: Present: Commissioners DeMersman, Puente, Wright and Chairman Millis. 2. Staff present: Planning Manager Christine di Iorio, Senior Engineer John Freeland, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. III. CONFIRMATION OF THE AGENDA: Confirmed. A. Planning Manager Christine di Iorio asked that the agenda be reordered to have Item 2 as Item 1 and Item I as Item 2. Unanimously approved. II. PUBLIC COMMENT: A. Nancy Carter stated she was attending the meeting to show her interest in becoming a lay member of the Commission and stated she had spent ten years with the City of Escondido. Of those ten years, six were with the Franchise Commission and four with the Community Services Commission where they identified items for the Historical Register. Previously, she assisted her husband who was in charge of the Historical Preservation and Restoration Committee for the AIA in the County of Orange for 14 years. She attended Scripps College where she obtained her Bachelor's degree in the Humanities. B. Nancy Richards stated she too was interested in becoming a member of the Historic Preservation Commission. She was a native of Southern California and graduated from Palm Springs High school. She has a degree in American Literature from Harvard and attended Boston Architectural Center. `.0 )U002 [IeC5-22 Historical Preservation Commission May 22, 1997 C. Barbara Irwin, Director of the La Quinta Historical Society Museum, stated she has lived in La Quinta for six years and is very interested in the history of La Quinta. She was attending the Commission meetings to show her interest in becoming a lay member of the Commission. IV. CONSENT CALENDAR: B. It was moved and seconded by Commissioners Wright/DeMersman to approve the Minutes of April 17, 1997 and February 20, 1997, as submitted. Unanimously approved. V. BUSINESS ITEMS A. Specific Plan 97-029 The Center at La Quinta; a request of STAMKO Development Company for review and recommendation of the Cultural Resources Section of the Draft Environmental Impact Report for an 87 acre Auto Sales/Services Mall and Mixed Use Commercial Center on the south side of State Highway 111 between Adams Street and Dune Palms Road. 1. A staff report was presented by Planning Manager Christine di Iorio, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, it was moved and seconded by Commissioners Wright/Puente to recommend approval of the report as presented. Unanimously approved. B. Presentation by Commission Maria Puente on Spanish Architectural 1. Chairman Millis introduced Commissioner Puente who gave a history background on Commissioner Puente regarding her areas of study. Staff explained that this would be an on -going event where each of the commissioners would be making a presentation on their areas of expertise. 2. During the course of a slide presentation, questions were asked of Commissioner Puente regarding the different types of architecture and the areas of Europe she had worked in. 3. Chairman Millis thanked Commissioner Puente for her presentation. HPC5-22 2 -""') U 003 Historical Preservation Commission May 22, 1997 HPC5-22 C. 48th Avenue Extension/Adams Street Widening; an archaeological investigation overview. 1. A staff report was given by Assistant Planner Leslie Mouriquand in conjunction with Senior Engineer John Freeland. A copy of the report is on file in the Community Development Department. 2. Mr. Jim Brock, Archaeological Advisory Group, stated he was hired by the City to investigate a section of Adams Street north of 48th Avenue. 1000 ft corridor, 55-feet wide of a highly sensitive area as identified by the Archaeological Clearing House (EIC) of Riverside. This project includes a previously surveyed spot they wanted to widen. He was present at this meeting to present the draft of his report for the Commission's review. Basically this study is looking at a midden site that is a significant find. It is like looking at somebody's trash. The site was buried into the top of the sanddune down approximately a meter. There is no way to riot impact the site as the road will be widened. The site was originally recorded at the time the road was constructed. The beauty of the midden deposit is that it is a dense find. Most sites are mixed around in the sand and scattered. The soil helps to seal the site. This is the only midden site in La Quinta which affords such a unique opportunity. This site is related to one of the final fillings of the lake. They have theorized that there were four fillings of the lake within the last two millinea. This site is associated with one of those fillings. It could date anywhere in the last one thousand years and should have a large assortment of fish and animal bones. The Cahuilla Indians had terms in their language for agriculture, but today there is no sign of the agricultural activity. This is a perfect and unique site that has research potential. It is proposed that they move into phase three and save and recover as much of the site as possible and continue to monitor. 3. Commissioner Wright stated it would be interesting to visit the site. Staff stated they would make arrangements for the Commissioners to visit the site. Commissioners discussed with staff the significance of the site. 4. Associate Planner Leslie Mouriquand asked if Mr. Brock would take pictures of the site to show to the Commission. Mr. Brock stated he normally does not take slides but will take pictures. This find would be worthy of a slide show. I 004 Historical Preservation Commission May 22, 1997 5. Staff thanked Mr. Brock for his presentation and they look forward to a future presentation with pictures. VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Staff reviewed the reading material included in their packet. VII COMMISSIONER ITEMS A. Staff reviewed fixture agenda items with the Commissioners. B. Commissioner Wright thanked staff for the Symposium. Discussed followed regarding the event. C. Commissioner DeMersman stated the Preservation Commission had met and determined that the 1999 conference would be held in Palm Springs. VIIL ADJOURNMENT There being no further business, it was moved and seconded by Commissioners DeMersman/Wright to adjourn this meeting of the Historic Preservation Commission to a regular meeting of the Historical Preservation Commission on June 19, 1997. This meeting of the Historical Preservation Commission was adjourned at 4:47 P.M. Unanimously approved. arcs-22 4 005 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A regular meeting held at the La Quinta City Hall North Conference Room 78-495 Calle Tampico, La Quinta, CA June 19, 1997 CALL TO ORDER 3:30 P.M. A. This meeting of the Historic Preservation Commission was called to order at 3:33 P.M. by Chairman Millis. B. ROLL CALL 1. Chairman Millis requested the roll call: Present: Commissioners DeMersman, Puente, Wright, Lauren Weiss -Bricker, Advisor, and Chairman Millis. 2. Staff present: Planning Manager Christine di lorio, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. III. CONFIRMATION OF THE AGENDA: A. Staff asked that the approval of the Minutes for May 22, 1997, be deleted from the Agenda. Unanimously approved. II. PUBLIC COMMENT: A. Ms. Barbara Irwin stated she was interested in becoming a member of the Commission. IV. CONSENT CALENDAR: None V. BUSINESS ITEMS A. Certificate of Appropriateness 97-003; a request of KSL Land Corporation for a Historic Resources Evaluation of the La Quinta Hotel and architectural appropriateness of proposed houses and spa buildings within the Hotel compound. 1. A staff report was presented by Associate Planner Leslie Mouriquand, a copy of which is on file in the Community Development Department. HPC6-19 1 J 006 Historical Preservation Commission .June 19, 1997 HPC6-19 2. Mr. Chevis Hosea, representing KSL Land Corporation, stated this phase of development concerning the historic and cultural aspect of the project was one of their primary concerns. The charm and romance of the resort cannot be duplicated and they want to be sure to preserve this. Due to the number of requests from guests asking to own their space at this site, they have created a space that would allow individual ownerships and. not lose the ambience of the Hotel. As it relates to the units adjacent to the historic Casitas units, they will be one story. The consultants and design team are long-time personnel who are very familiar with the Hotel and have a personal interest. In regard to the staff report, they would like to question staff s recommendation that an archaeologist be on staff during the grading. It is their contention that since this area has been under development for several years, all of the artifacts have already been gone over, recovered, or buried during compaction. They would like to reduce their costs wherever possible.. 3. Associate Planner Leslie Mouriquand stated it was her understanding that part of the project site had never been graded or covered. Forrest Haag, representing KSL, stated the only portion that appears to not have been disturbed is the vacant land and parking area. Mr. Haag went over the different development areas of the site. 4. Associate Planner Leslie Mouriquand stated that if there was to be grading or trenching for utility lines that would be below ten feet or more, they could be touching native soil and a monitor would be beneficial. Mr. Haag asked if the condition could be changed to require a monitor after a certain depth was reached. Mr. Hosea concurred that they would agree that if a certain depth was reached during the excavation/construction, the would agree to bringing a monitor on site. 5. Chairman Millis asked if it would be appropriate to look at the past development to determine if anything had been found before. Discussion followed regarding what was known about the previous construction. Staff stated other projects had been finding artifacts during their utility trenching. 6. Chairman Millis asked if the applicant could do spot monitoring. Staff stated they was, possible. Planning Manager Christine di Iorio stated the conditions could be changed to read that a monitor would be required for any trenching below ten feet (Condition 43). 2 00 Historical Preservation Commission June 19, 1997 HPC6-19 7. Commissioner Wright stated he agreed with the condition change and commended KSL on their ballroom addition. 8. Commissioner DeMersman stated it was important to keep the difference between the old and new. He concurred with the spot monitoring and stated that long range planning was necessary for the future. It is important to maintain the historic character of the property. Mr. Hosea introduced Scott Delacio who also stated his primary interest was in preserving the history and culture of the building. 10. Advisor Lauren Bricker stated she was struck by the San Vincente court and asked for its history. Judy Vossler, representing KSL, stated it was not apart of the original complex and may have been the caretakers house. Mr. Hosea stated it is currently being used as the housekeepers unit. Planning Manager Christine di Iorio asked if the applicant knew when it was built. Ms. Vossler stated it was unknown. Staff asked if it was included in the Nlellon Report. Mr. Haag stated it was not. Advisor Bricker stated that the City should have more information on it. 11. Advisor ]Bricker stated the proposed project was a very handsome design. It is more of a vertically oriented design in composition than is the character of the overall design of the Hotel, even to the addition of the Hotel. Ifit is to be more dense as far as the ratio between the built and open space, it would be interesting to see if they could have the same square footage, bust more similar to the La Casa units; more horizontal. Discussion followed regarding the architectural styles of the old, present, and proposed structures. 12. Advisor Bricker stated that in terms of perception, would there be a way to use the external staircases. Mr. Hosea stated they were able to do this on the Carriage units, but it creates a problem securing the lower units. This vertical element was introduced because it was the most popular to their guests. In trying to capture the guest experience, it was determined that the vertical experience was the most desirable. Advisor Bricker stated her only objection was the visual aspect as all the historical aspects of the site were horizontal. Historically it is a very horizontal experience. ,r, , nos Historical Preservation Commission .June 19, 1997 13. Advisor 'Bricker asked if the east elevation windows were very large and whether or not this would be an issue. Mr. Hosea stated that it is the elevation that is forward of the hotel. An effort to create a nice break up of the wall in front as they wanted a more private and special environment on the inside. What is special about the La Quinta Resort is the outside experience. This does create a wall mass and they have tried to break this up and they could look into breaking it up further. Advisor Bricker suggested making the openings less symmetrical. Mr. Hosea went on to explain their design features for the proposed units. 14. There being no further discussion, Chairman Millis thanked the KSL representatives for their presentation. 15. Associate Planner Leslie Mouriquand previewed the Mellon Report with the Commission in respect to the Hotel and stated the Hotel, Ca.sitas, and the surrounding grounds were eligible for designation as a historic district at the local level under the local criteria. The report does not contain any discussion regarding eligibility for the National Registry. The report needs to have a current site plan showing all the structures with dates of construction, calling out historic buildings and whether there was ever a Master Plan for the Hotel. Staff continued through the report noting items that needed to be completed and returned to staff for review. 16. Advisor Bricker explained what the Hotel would have to do to qualify for the National Register. 17. Chairman Millis asked if the criteria for the National Register was a separate issue. Planning Manager Christine di lorio stated it requires the filling out of papers and submitting them to the State office, but the reasons as to why it should be submitted could be done at this level. The report needs to give a conceptual and significant discussion of the Resort, specifically the Caritas.. 18. There being no further discussion, it was moved and seconded by Commissioners Wright/DeMersman to adopt Minute Motion 97-011 recommending approval of the Mellon Report with the addition of the eight recommendations made by staff, documenting and adding the Casitas and the San Vincente Courtyard area to the report and returned for Commission approval. xrc6-19 4 1 .0 J. 00 Historical Preservation Commission June 19. 1997 19. It was moved and seconded by Commissioners DeMersman/Puente that a condition be added that if the trenching or digging go below ten feet, a monitor will be present. Unanimously approved. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII COMMISSIONER ITEMS A. Commissioner DeMersman gave a presentation on the Historic House Museums, specifically the Molly Brown, located in Denver, Colorado. VIII. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners DeMersman/Wright to adjourn this meeting of the: Historic Preservation Commission to a regular rneeting of the Historical Preservation Commission on June 19, 1997. This meeting of the Historical Preservation Commission was adjourned at 4:57 P.M. Unanimously approved. HPC6-19 5 010 MISCELLANEOUS LEADING MATERIAL ."(iIOil National Trust for Xistcrlc Vnsarvalson Fsm'. 02MEE011 Volte'. 2024016E254 T. 1011e mourlQuar,o at: NNPC Papel all Mcnosy, wupus[on. aer a .�.� NATIONAL TRUST FOR HISTORIC: PRESERVATION lmqm 1785 Massachuserts Avenue, N.W. IV Washington, D.C. 20036 (202) 588-6000/FA-Y (202) 588-6038/internet: svti,,iv nationaltrust.org THE FATE OF ENHANCEMENTS AND OTHER PROGRESSIVE ISTEA PRINCIPLES STILL UNRESOLVED HOUSE COMMITTEE WILL ACT EARLY IN SEPTEMBER ACTION IN THE SENATE EXPECTED THEN ALSO VIGOROUS ADVOCACY ON BEHALF OF ISTEA REQUIRED FAX ALERT TO: Historic Preservation Advocates FROM: Edward M. Norton, Jr., Vice President Law and Public Policv Department DATE: August 4, 1991 Transportation decisions facing Congress veil: nialce or break progress on a huge range of public policy issues,'including the health of the natural environment and the livability of our communities. The promise of ISTEA- that transportaation would trice again become the servant, not the master of environmental and conmTunity aspirations - is under direct and relentless assault. Road building, by and large unrestrained by considerations of community livability and the environment, has provoked wholesale loss of open spaces, sapped jobs and investments out of inner cites, older suburbs, and small towns, and crafted ntni, low -density communities where getting around is completely dependent on the car. Reflect on the fact thati6ile the population. otChicago has groan out 4`ia since 1970, its developed land has increased by 460/o. Make no mistake about it. The promise and the ro ress of ISTEA can be lost. The "highways p pp € only" crowd wants transportation funds devoted to road bui ding, and nothing else. They say its their money and they resent having to share investment decisions with citizens (especially historic preservationists), local governments, and the many advocates for alternate approaches to transportation.. Representatives and Senators must latow - in no uncertain terms - that you want 'Ile progressive policies of ISTEA renewed. Tell them you are unalterably opposed tc the plans of the road gang to recapture federal surface transportation funds and devote them almost exclusively to new roads and bridges. Tell them you won't be fooled by buzz words like consolidation and strearnlining when the purpose is to make state highway departments and road builders the masters of national trarortation oitw. : HE HIGHWAY LOBBY'S IDEA OF STREAMLINING ENIIANCEMENTS IS TO17ERMiT THESTAFES TO CANCEL THE PROGRAM. Let's have national transportation FQhcV which guarantees that ex sting roads and bridges are being maintained in good repair before we built new ones. Let's make sure that the environment and our communities are served by transportation. and not the other way aro,ind. The National Trust for Historic Preservation provides leadership, edaeation, and advocacy m save Ameriea's,£rersz historic Plneas and revitalke our commumdes. J, 012 National Trultf r Xbtotl< Pres*rvWIW Pax ar[ave Ym,vxv,00aaer ��. �_•�_ rw ..... _ --- - - --.- Let's guarantee that ISTEA's planning provisions and its requirements for partnerships Mth local governments and with Cltilerl5 are preserved. Let's keel) the enhancements and air quality progratns as setasides which the states must implement, and let's recognize that ISTEA already got the balance right between maximum flexibility for the states and the need to pursue important federal transportation priorities. ACTION NEEDED: WRITE LETTERS MAKE PHONE CALLS (call the U.S. Capitol Switcl-:board at 2( 2-224-3121 and ask for your representative's office) ATTEND AND SPEAKUP AT TOWN MEETINGS • ASK YOUR MAYORS AND OTHER LOCAL ELECTED OFFICIALS TO DO T14F SAME If you have any questions, please call the Law and Public Policy Department at 2o2-588-6255. Attachment sample letter 013 Nat* n11 r:ustra ro6tOnc rMaRvm on ra: N t,C6 We vo¢.. tw ,a " 4"' ••. - SAMPLE LETTER ON ISTEA REAUTHORIZATION The Heeorable United States SendteAIOUse of Representatives Washington, D.C. 2U61U/" U615 Dear SenatopRepres:ntative: l am writing to urge your support for the progressive features of the Intermodal Surface Transportation and Efficiency Act (iSTF:A , particularly the transpor++,ation enhancements program. Because of ISTEA, transportation investment decisions are made by a partnership of state andvocal government officials, with greatly increased ouportunities for citizen r�arti-ipation. ISTEA's policies enable state, regional, and local transporta on policy makers to build integrated transportation s� stems that take into account how transportation affects local economies, community development, historic preservation, and the quality of life. One of the most impo-tan'i innovations of ISTEA is the Transportaticr. Enhancements irogram. Uncer IS"'_ HA, each state sets aside IC) percent of its Surface Transportation block grant for IC: categories of non-traditional transportation related prograrr.s, including preservation of historic -ransper+ation facilities like railroad stations and rail hotels, bike and pedestrian facilities, and scenic easements and landscaping. The transportation enhancements program is a small amount of monev--less than 2 percent of the entire ISTEA budget --that has a powerful impact on the economic and physical well-being of communities all over t'ne countrv. (INSERT YOUR ENHANCEMENTS SUCCESS STORY HERE) It is very importan' that the 10 percent set -aside of funding for enhancements, and a'I of the lu categories of enhancements projects, are retained in the reauthorization of ISTEA. The enhancements program is veer popular and demand for enhancements funding far outstrips available dollars. ISTEA ensures that transportation policies serve communities --instead of the other way arcund. States and localities have the flexibility to allocate their transportation dollars among highway and public transit options. ISTEA also offers flexibility in the design of transportation projects. The use of approved design exceptions allows state Departments of Ti ransportatior. to correct deficiencies in existing macs without unnecessarily damaging or destroying a road's scenic qualities and unicue character. Thank vot_ for consideration of my views, I look forward to hearing from you in response to this letter. The :Vadanal Dostfor His,orie Preservation presides leadership, educodon, and advocacv 0 save America's diverse hisboie places and reviralize onr communities. �014 1 1997 STATE HISTORICAL BUILDING SAFETY BOARD August 15, 1997 Agency Contacts Certified Local Governments The State Historical Building Safety Board (SHBSB) is in the process of updating the State Historical Building Code (SHBC). This effort is supported by a grant awarded under the Northridge Earthquake Hazard Mitigation Grant Program, funded by the Federal Emergency Management Agency. I am providing you with a copy of the proposed revisions to the SHBC for your review and comment. The draft was prepared by a number of committees appointed by the SHBSB, and finalized by the Board as a whole. Also, please circulate it to members of boards or commis- sions in your jurisdiction with responsibility for historic preservation activities. The SHBSB will be holding public hearings to receive comments on the proposed draft. The listt of hearing dates and locations is attached. Written comments are encouraged, as well as comments at the hearings. Written comments may be submitted to the SHBSB Executive Director at the following address: SHBC Update State Historical Building Safety Board 1300 1 Street, Suite 800 Sacramento, CA 95814 Should you require additional information on the SHBC update effort, please feel free to contact me by mail, or at the following numbers: Voice (916) 445-7627; Fax (916) 327-3371. Your review of, and comment on, the enclosed draft will be greatly appreciated. Sincerely, TZ, J • ` _-z Richard T. Conrad, FAIA Executive Director cc: Executive Committee 015 Richard T. Conrad, FAIA Executive Director • 1300 I Street, Suite 800, Sacramento, California 95814 (916) 445-7627 Department of General Services • State and Consumer Services Agency . State of California • Pete Wilson, Governor PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE PART S, TITLE 24 CALIFORNIA CODE OF REGULATIONS DRAFT FOR PUBLIC REVIEW AND COMMENT NOTE: THIS IS NOT A FORMAL RULEMAKING PROPOSAL STATE HISTORICAL BUILDING SAFETY BOARD 1300 I STREET. SUITE 800 SACRAMENTO, CA 95814 (916)445-7627 016 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Introduction Page 1.1 INTRODUCTION BACKGROUND The State Historical Building Safety Board (SHBSB) has been awarded a grant to update the State Historical Building Code (SHBC). The grant was made available under the State Office of Emergency Services Northridge Earthquake Hazard Mitigation Grant Program, funded by the Federal Emergency Management Agency (FEMA). This project will update the SHBC, which has not been comprehensively amended since it was first published in 1979. Since that time there have been a number of significant advances in technology addressing the life safety and preservation issues related to historical buildings. The Northridge earthquake damaged over 1,000 historic structures, several dozen of which have since been demolished. Historic buildings are not only valuable community cultural resources, but important parts of our housing stock and economic infrastructure. The updated code will make available the latest technical tools with which to mitigate the high risk to historic structures while at the same time insuring a level of sensitivity that will protect the significant materials and features which distinguish these buildings. The SHBSB will be holding public hearings to consider public input on the proposed revisions to the code. The date and location of the hearings are included with this package. These hearings will focus on the proposed changes, and solicit comments from design professionals, code enforcement agencies, preservationists and the interested public. The SHBSB also welcomes written comments or suggestions. Written comments should be submitted to Richard T. Conrad, FAIA, SHBSB Executive Director, at 1300 "1" Street, Suite 800, Sacramento, CA 95814; (916) 445-7627 Voice, (916) 327-3371 Fax. DEVELOPMENT OF PROPOSED CHANGES The SHBSB conducted a series of public forums to solicit input on use of the current SHBC, and suggestions for changes. This material was considered by a number of committees appointed by the Board to develop proposed changes. The SHBSB reviewed the proposed changes submitted by the committees and deveNoped the draft proposed revisions contained in the accompanying code text. ORGANIZATION OF CODE The proposed revised code is organized in the format of the California Building Code (CBC). This is most evident in the chapter titles, some of which have been renamed. The organization of the proposed changes compared to the current SHBC are shown in a Table of Contents Comparison at the end of the Introduction. This comparison identifies the areas of the code that have been reorganized. The section numbering system has also been changed to be consistent with the format of the CBC. PROPOSED REVISIONS TO T14E STATE HISTORICAL BUILDING CODE August 15. 1997 Introduction Page 1-2 FORMAT OF PROPOSED CHANGES Identification of Changes The proposed changes are identified in the strikeout and underline format used by state agencies when conducting rulemaking activities: the proposed deletion of text is shown stricken and the proposed addition of text is shown underlined as indicated below. Deletion: This is In some cases you will find stricken and underlined text in the same sentence or paragraph, in others you will find entire paragraphs stricken or underlined. Relationship of Proposed Changes to Existing Code References to the current SHBC provisions are shown in brackets as the following text excerpted from the code indicates. 101.1 Title. [8-1011 This part These regulations shall be known as the State Historical Building Code and will be referred to herein as "the SHBC." In this example, current section 8-101 shown in brackets has been renumbered as section 101.1, and the phrase This part has been changed to These regulations. PROPOSED REVISIONS TO THE STATE. HISTORICAL BUILDING CODE August 15, 1997 Introduction Page 1-3 CONTENTS COMPARISON PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE CURRENT PROPOSED CHAPTER ORGANIZATION CHAPTER ORGANIZATION 8-1 ADMINISTRATION 1 ADMINISTRATIVE Title, Purpose and Scope 8-2 GENERAL REQUIREMENTS Application Organization and Enforcement 8-3 DEFINITIONS Review and Appeals Construction Methods and 8-4 OCCUPANCY CLASSIFICATION Materials AND USE 2 DEFINITIONS 8-5 ALTERNATIVE STRUCTURAL REGULATIONS 3 USE AND OCCUPANCY General 8-6 MECHANICAL, PLUMBING AND Housing ELECTRICAL REQUIREMENTS State and Community Care Facilities 8-7 EXITING 4 FIRE PROTECTION 8-8 FIRE PROTECTION 5 MEANS OF EGRESS 8-9 ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION 6 ACCESSIBILITY 8-10 HOUSING 7 STRUCTURAL PROVISIONS 8-11 HISTORIC DISTRICTS, SITES AND 8 ARCHAIC MATERIALS AND OPEN SPACES METHODS OF CONSTRUCTION 8-12 STATE HEALTH AND COMMUNITY 9 MECHANICAL, PLUMBING AND CARE FACILITIES ELECTRICAL 8-13 ALTERNATIVE HANDICAPPED 10 HISTORIC DISTRICTS, SITES AND PROVISIONS OPEN SPACES 8-14 APPEALS, ALTERNATIVE PRO- POSED DESIGN, MATERIALS AND METHODS OF CONSTRUCTION STATE HISTORICAL BUILDING SAFETY BOARD August 14, 1997 NOTICE OF MEETINGS The State Historical Building Safety Board (SHBSB) will be holding a series of public hearings in association with the project to update the State Historical Building Code (SHBC), Part 8, Title 24, California Code of Regulations. These hearings will be held at the dates, times and locations listed below. The purpose of these hearings is to solicit public comment on the proposed changes to the SHBC. SANTA BARBARA September 18, 1997 (Thursday), 10:00 am Planning Commission Hearing Room Santa Barbara County Engineering Building 123 East Anaparnu Street Santa Barbara, CA LOS ANGELES AREA September 23, 1997 (Tuesday), 10:00 am Conference Room A L.A. County Dept. Of Public Works 900 South Freemont Avenue Alhambra, CA SAN DIEGO September 22, 1997 (Monday), 10:00 am Auditorium, Room EI-109 State Office Building 1350 Front Street San Diego, CA SACRAMENTO September 25, 1997 (Thursday), 10:00 am Conference Room 8A Division of the State Architect 13001 Street, 8th Floor Sacramento, CA SAN FRANCISCO September 29 (Monday), 1997, 10:00 am Auditorium Edmund G. Brown State Building 505 Van Ness Avenue San Francisco, CA Requests for information about the hearings, or the code update process, can be directed to: Richard T. Conrad, FAIA, Executive Director State Historical Building Safety Board 1300 1 Street, Suite 800, Sacramento, CA 95814 (916) 445-7627; FAX (916) 327-3371 e-mail: rconrad@dsa.ca.gov The meeting locations are accessible to persons with mobility impairments. For assistance to persons with other accessibility needs, please call the State Historical Building Safety Board office one week prior to the meetings. Richard T. Conrad, FAIA Executive Director • 1300I Street, Suite 800, Sacramento, California 9:5814 (916) 445-7627 Department of General Services • State and Consumer Agency • State of California • Pete Wilson, Governor PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Table of Contents PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE Part 13, Title 24, California Code of Regulations TABLE OF CONTENTS Chapter Ti e 1 Administration 2 Definitions 3 Use and Occupancy 4 Fire Protection 5 Means of Egress 6 Alternative Accessibility Provisions 7 Alternative Structural Provisions 8 Archaic; Materials and Methods of Construction 9 Mechanical, Plumbing and Electrical 10 Historic Districts, Sites and Open Spaces .:1 021 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 1 - Administration .. CHAPTER 1 ADMINISTRATION [Formerly Chapters 8-1, 8-2, and 8-14] SECTION 101 — TITLE, PURPOSE AND SCOPE 101.1 Title. [8-1011 Tkis part These regulations shall be known as the State Historical Building Code and will be referred to herein as "the SHBC." 101.2 Purpose. [8-1021 R-is Jhe purpose of this part code is to provide building regulations for the rehabilitation, preservation, restoration, (inehtding related reconstruction), or relocation of buildings or structures designated as Qualified Hbistorical Bbuildings or Properties (as defined in Section 201.2). Suchdtniiding regulations are intended to €aeilitate by nteaus efprovide alternative solutions far the preservation of Qualified 1tHistoric Buildings or Properties resteratieror ehange aeeetipaney so as to preserve, their eriginai or restemd areltifeeterai ' _'na- featczcs to , to provide disabled access for persons with disabilities and a eest- , and to provide for the reasonable safety of the beiidirtg occupants or users. These regulations eantral and rgquire enforcing agencies to accept reasonably equivalent alternatives to any -and all prevai}iag regular codes (as defined in Section 201.2) when dealing with gQualified hHisiorical Buildings or Properties buildings-ersites. 101.3 Scope. [8-101I Thug previsions regulate e€titis eerie sitaii beapplied €unite-rebabilitatien SHBG shhal apply when repairs, alterations, and reconstruction and additions necessary for the preservation, restoration, rehabilitation, relocation or continued use of a gQualified ltHistorical Building or Property building, strdetttre or site are made. 11KI -1 • •1 • . - - 1 -� l► • • -. ■ •� SECTION 102 — APPLICATION i rl r� t• - -- - - - 1"1 102.1.1 Bedding Additions, Alterations and Repairs. It is net the intent of these regulations to allow non -historical expansion or addition to a Qualified lt_Historical bBuilding Q_r ]Property unless 5tteh expftnsiert or addition n€erms to provided: .1, •1 . . 11 • . 11 1 • TV=.. 022 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE SECTION 103 — ORGANIZATION AND ENFORCEMENT 15. 1997 103.1 Authority. [ 8-20 1] The state or local enforcing agency, pursuant to authority provided under Section 18954 of the Health and Safety Code, shall apply the provisions of this code in permitting repairs, alterations, and additions necessary for the preservation, restoration, reconstruction, rehabilitation, moving or continued use of a Qualified hBistorical bBuilding or straetttre Property. 103.2 State Enforcement. [8.202(a)] All the state agencies per Section 18958 of the Health and Safety Code shall administer and enforce this code with respect to gQualified hHistorical bBuildings or stt"eteres Properties under their respective jurisdiction. 103.3 Local Enforcement. [8-202(b)] All local building authorities shall administer and enforce this part with respect to el -Qualified hgistorical Buildings or straeErires Propertied under their respective jurisdictions where applicable, unless it is determined reasonably necessary due to local climatic, geological and topographical conditions to make changes or modifications. Such change shall not become effective or operative until an express finding that it is needed is made and copies of both the finding and the change are filed with the State Historical Building Safety Board (SHBSB). 103.4 Liability. [8-2041 Prevailing law regarding liability immunity of building officials remains the same. SECTION 104 — REVIEW AND APPEALS 104.1 State Historical Building Safety Board (SHBSB). [8-203] In order to provide for interpretation of the provisions of this code and to hear appeals, the St - - 145terie443ttiMing Cede Beard SHBSB shall act as an appeal and review body to state and local agencies, and make changes in and interpretations of this code and on matters of administration and enforcement. (See Ghapter 8-1+1 104.2 SHBSB Review. [8-14031 When a proposed design, material or method of construction is being considered by the enforcing agency, the agency chief, the building official or the local board of appeals may file a written request for opinion to the Ede Beard SHBSB for its consideration, advice or findings. In considering such request, the State44ist o ,ieai Buildings Eede-Beard SHBSB may seek the advice of other appropriate private or public boards, individuals, or state or local agencies. The State 1 listariefti Buildings Code Board SHBSB shall, after considering all of the facts presented including any recommendation of other appropriate boards, agencies or other parties, determine if, for the purpose intended, the proposal is reasonably equivalent to that allowed by these regulations in, proposed design, material or method of construction, and it shall n24 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 1 . Administration Page 1-4 transmit such findings and its recommendations to the enforcing agency for its further consideration. The Board shall recover the costs of such reviews and shall report the decision in printed form, copied to the State Building Standards Commission. 104.3 SHBC Appeals. [8-1404] If any local agency administering and enforcing this code and any person adversely affected by any regulation, rule, omission, interpretation, decision, or practice of the agency enforcing this code wish to appeal the issue for resolution to the Gade Beau SHBSB, these parties may appeal to the Board. The Board may accept the appeal only if it determines that issues involved are of statewide significance. The Board shall recover the costs of such reviews and shall make available copies of decisions in printed form at cost, copied to the State California Building Standards Commission 104.4 Costs for Board Action and Informational Material. An estimate of the Review and Appeals process can be provided by contacting: Executive Director The State Historical Building Cede Safety Board Office of the State Architect 1300 I Street, Suite 800 Sacramento. CA 95814 Telephone: (916)445-7627 Cost information and availability of the codes, hearing information, informational and background material, and Board decisions are available from the same source. 104.5 Local Agency Fees. [8-1406] Local agencies may also charge affected persons reasonable fees not to exceed the cost of obtaining reviews and appeals from the Board. SECTION 106 — CONSTRUCTION METHODS AND MATERIALS 105.1 Repairs Historic Materials and Methods of Construction [8-107] Repairs to any portion of a Qualified hIjistorical bending orstmettue Property may be made with original historic materials and the use of original historic methods of construction, subject to conditions of this code. (See Chapter 8-9.) 105.2 Alternatives Materials and Methods of Gonstru . to the State Historical Building Code. (8-108 & 8-1401] The provisions of the State Historical Building Code are not intended to prevent the use of any proposed alternative design, material or method of construction not specifically prescribed or allowed by SHBC, provided any such alternative will facilitate the preservation of historical buildings or structures and has been ia approved by the enforcing agency according to the provisions of this code. The enforcing agency may approve any such alternative provided the pro -posed design, material or method of construction is satisfactory and that the proposed design, material or method of construction or work offered is, for the purpose intended, reasonably equivalent to that prescribed or allowed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. The enforcing agency may request that sufficient evidence or -'� 025 REVISIONS TO THE STATE HISTORICAL BUILDING CODE 15, 1997 proof be submitted to substantiate any claims that may be made regarding such alternatives. 105.3 Approval. [8-1402] Request for approval to use an alternative design, material or method of construction indicated on the drawings shall be made to the enforcing agency by the owner or an authorized representative and shall be accompanied by a full statement of the conditions. Sufficient evidence or proof as may be required by the enforcing agency shall be submitted to substantiate all claims made. 026 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 2 - Definitions Page 2-1 CHAPTER 2 DEFINITIONS [Formerly Chapter 8-3] NOTE: References to new or revised definitions taken from the National Park Service are indicated as either [NPS] or [NPS revised] after the title. These definitions were added for consistency of terminology. SECTION 201 — DEFINITIONS 201.1 General. For the purpose of this code, certain terms and phrases, words, and their derivatives shall be construed as specified in this chapter. Additional definitions and / or terms may appear in the various other chapters relative to terms or phrases primarily applicable thereto. 201.2 Definitions. ADAPTIVE REUSE. The preeess of adepting a building to tteearnphsh a ttse ather than that for or partments. The process of adapting a prol2eM. site. building. or structure for a use other than thatfbLwhi—ch-iLwas orieinallv desimted, ADDITION. An extension or increase in floor area or height of a building or structure remodeliniz. renovation, or structure. N, weal NIL 027 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 2 - Definitions Page 2-2 _ r �!..........' f _ - - �ai�i[,fflYl•1f+LR•JlT1Y SlRfe ordi,irwircesdo MWAOTSM ! f_•_L- 1"_-.IIf\1. 1• _!• •} li }. }" '• 1 1 If • ! •1 _ aesthetically�Jity of sites. by 121an or 12hysicdevelopment, FACILITIES. A building and such other structures, topography, or development that may be within the confining or legal limits of the histerieai since qualified historica4 site property, §j= group of such sites, historic district or districts. FIRE HAZARD. [UFC] Mearts sAny eanditiart, ariftl2grMent, I" or act which wvi}F increases, or may cause an increase of the hazard or menace of fire to life safety to a degree greater free than customarily recognized by the authority having Jurisdiction of preventing, suppressing or extinguishing fie, or any thine or act which could obstruct. delay. hinder or interfere with the onerationq of fire f ahtino, nPmnnnPi n, tt,P :., Iii7'IT4770 ; OMM • ow .,a ..} a . 11 If 1 1 In} , } If • •. n Will I M MUM 028 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 2 - Definitions Page 2-3 u If. ts).7 C�ll'E.`ICei►1131 C�1:7►C�T i 1► i ► o • . a .1 t:S1�1 1 • • /� 1._ 1 •1 le. a -! le MM • / 1• 1" • ••-p 1 •/ • • _ 1 • / •- /•• •/1/�/ �/ 1IN !•{-• - - 1!• 1 W/� No "I. •1 1. "• 1• 41 11� The Or process of • • 1 measures nec ssary to sustain the existiTZ fo-mmWieprivi. ard Flc /. of ..! 1 •/ • ••"Ip •_ 1' • •• 1 1" •!• • 1• 1!e ! "1.1 .1• -•. • 1 •/ 11• /. WFTiTffrJ.!tT7T1rM@T4Wor.11 " d ' 1 - - • " 11 - f _f • ! " • f / _ • 1 t " I • . • • • 1 1 • 1 1 1 ' • •i • f •wru q Lei1 a• QUALIFIED HISTORIC2606 BUILDING OR PROPERTY. Any property. building, structure, collection of structures, and their associated sites, deemed of importance to the history, architecture, or culture of an area by an appropriate local, state or federal govemmental jurisdiction. This shall include designated stnetwes buildings or properties on official existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and officially adopted city or county registers, or inventories, or surveys of historical or architecturally significant sites, places or landmarks. 029 TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 CODE.ww ------------------ purpose of replicating its appearance at a specific period of time and in its historic location, REGULAR Prevailing building regulations," which governthe design and those portions or features which convey its historical. cultural. or architectural values. RELOCATION. Involves any structure or a portion of a structure that may be moved to a new location. or a different locatior on the same REPAIR Renewal. reconstruction, 4[ renovation, or renewal of any portion of an existing property, site or building for the purpose of its maintenance. OWN- n3o PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15 1997 Chaotet 2 - Definitions ---- character of p = .. -.'m Lol If 144 mr-61*44 liq offlKell, - . ' I I , I I usO . m , ' ,j,j,,031 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE Aug st 75. 1997 Chapter 3 - Use and occunancv CHAPTER 3 USE AND OCCUPANCY [Formerly Chapters 8-4 and 8-10] SECTION 301 -GENERAL 301.1 Purpose. [8-401] The purpose of this chapter is to detennim provide for the determination of occupancy classifications and conditions of use for deaigrrated Qualified h_Historical bBuildines or Properties. [8-402] Every Qualified historical b$uilding-a Property for which a buildin Hermit has been mq_uested shall be classified by theenfereing-ageney prior to permit issuance according to its use or the character of its occupancy, in accordance with prevailing regular code and applicable regttlatiens provisions of this chapter. 301.2 Existing Occupancy lam. [8-403] The use or character of occupancy of a Qualified ltHistorical bBuilding or PrQpe= or portion thereof shall be permitted to continue in use regardless of any period of time in which iPefft011 raperty it may have remained unoccupied. or in other uses provided such building or property otherwise conforms to all applicable requirements of this pan ch ter. 301.3 Change in Occupancy Use. [8-404] 301.4 Mixed Occupancies. [8-405] A historical building may be used for more than one occupancy provided the occupancies are separated in accordance with the prevailing regular code. EXCEPTION NO. 1: Required occupancy separations of more than 1-hour may be reduced to one -hour fire -resistive construction with all openings protected by not less than three -fourths hour fire -resistive assemblies of the self -closing or automatic closing type when the building is provided with an approved automatic sprinkler system throughout the entire building in accordance with prevailing code. Automatic closing devices shall be of a type which will function upon activation of a device which responds to either visible or invisible particles of combustion. EXCEPTION NO. 2: Required occupancy separations of 1-hour may be omitted when the building is provided with an approved automatic sprinkler system throughout. 032 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 3 - Use and Occupancy Page 3-2 301.5 Maximum Floor Area. [8-406] Regardless of the use or character of occupancy, the area of a one story historical building may have, but shall not exceed, a floor area of 15,000 square feet unless such increase is otherwise permitted in prevailing code. Multistory buildings (including basements and cellars) shall be in accordance with prevailing regular code requirements. (See EXCEPTION: Historical buildings provided with an approved automatic sprinkler system may be unlimited in floor area without fire -resistive area separation walls. 301.6 Maximum Height. [8-407] The maximum height and number of stories of a historical building shall not be limited because of construction type, provided such height or number of stories does not exceed that of its designated historical design. 301.7 Fire Resistive Construction [8-408] (See Chapter 8-9 4) 301.8 Light and Ventilation. [8-409] Historic provisions for light and ventilation shall be deemed adequate in other than Assembly, Educational, Institutional, and Hazardous Occupancies, where the prevailing code shall apply. See Chapter 8-19 Section 302.5 for Residential requirements. SECTION 302 — RESIDENTIAL OCCUPANCIES 302.1 Purpose. [8-1001] The purpose of this ehapter section is to provide alternative requirements for qualified'historical buildings of dwelling type occupancies while maintaining a reasonable degree of protection for life, health and safety for the occupants. 302.2 Application and Scope. [8-1002] The provisions of this ehapter section shall apply to all qualified historical buildings used for human habitation. Those dwelling units intended only for display need not comply with the requirements of this chapter 302.3 Alternative Exit Definitions. [8-1003] 302.3.1 Exit Ladder Device. [801003(a)] Exit iadder deviee is aA permanently installed, fixed, folding, retractable, or hinged ladder intended for a means of emergency egress from areas of the second or third floors. Its use shall be limited to 25' in length and to residential occupancies of less than 10 persons. 302.3.2 Fire Escapes. [8-1003(b)] Fire Escapes, for 10 or more persons, see Chapter 8-4 5). 302.4 Space and Occupancy. [8-1004] Room Dimensions. Rooms used for sleeping purposes may contain a minimum of 50 square feet floor area provided there is maintained an average ceiling height of 7 feet. Other habitable rooms need only be of adequate size to be functional for the purpose intended. 302.5 Light and Ventilation. [8-1005] Window area of 8 6% of the floor area or 86 square feet may be permitted in all habitable rooms. Windows in sleeping rooms shall be '/z openable. Dwelling 033 REVISIONS TO THE STATE HISTORICAL BUILDING CODE occupancies need not be provided with electrical lighting. Ho a e., hotels, Inoteis and apfflidnent ageney. 302.6 Alteration and Repair. [8-1006] The alteration and repair of historical buildings may permit the replacement, retention and extension of original materials and the continued use of original methods of construction provided a life safety hazard is not created or continued in existence. The amount of alterations and repairs permitted under pree'aiiing regular code acre not limited provided there is no increase in floor area, volume, or size of the structure. 302.7 Exiting. [8-10071 (See Chapter &4 5) SECTION 303 — STATE HEALTH AND COMMUNITY CARE FACILITIES 303.1 Health Care Facilities. 1-8-1201 ] Pursuant to Section 18938 18959 of the Health and Safety Code, the State Office of Statewide Health Planning and Development shall have the authority to adept administer these alternative building regulations (subject to the constraints of Section 8-392 M) of this code and to consult with the Eede ,hdvisery Board SHBSB on its interpretation and enforcement for the rehabilitation, restoration, preservation or relocation of qualified historical buildings housing health facilities within its jurisdiction. Such regulations shall be reasonably equivalent in quality, strength, effectiveness, fire resistance, durability and safety to the prevailing regular code for the occupancy affected. n e tti've"bt building _with the O._._ weir, aney affeeted. �3� TO THE STATE HISTORICAL BUILDING CODE Auoust 15. 1997 rs CHAPTER 4 FIRE PROTECTION [Formerly Chapter 8-81 401 Purpose Intent. The purpose intoin= of this chapter is to provide a reasonable level of fire protection for historical buildings based primarily on life safety to the occupants and to firefighting personnel. It is not the intent to protect the property and by so doing adversely affect the historical aspect of designated buildings. 403 Fire Resistive Construction. [8-806] 403.1 Exterior Wall Construction. (a) Exterior wall construction and opening protection in relationship to property lines shall be as required by prevailing regular code. , exeept w•�� w � sv c. � � . o->♦ n.�.T] P] {� 1 PP1lfl1 l7! 1911 l9I r!• P7 �yY by I ! I I �9:1 i�. [q �•iC•116'� I me II, n. . . . 1I I .. I. 11 .I 1. - -!1 11. .- III- -. . 1- l.11' - .. 1! 1- Il• / 403.2 One -hour Construction. (bj One -hour fire -resistive construction throughout shall not be required regardless of construction or occupancy when one of the following is provided: .,,, 035 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 ?. An approved life safety evaluation is provided. 404 Interior Wall and Ceiling Finish. [8-807) Interior wall and ceiling finish shall conform to the provisions of the prevaiiitg regular lar code. Existing nonconforming materials used in such finishes may be surfaced with an approved fire -retardant paint to lower the rating of the natural finish to within reasonable proximity of the required rating. For wood, lath, and plaster walls, see Section 8- 905(b) 404. 405 Wood Lath and Plaster. [8-905(b)] Wood lath and plaster walls may be considered in accordance with codes, standards, and listings published prior to 1943 whereby a wood stud wall assembly with gypsum or lime plaster on hand split or sawn wooden lath obtains a one-half hour fire resistive rating. This rating may be increased to as much as one hour by filling the wall with mineral wool. To receive this consideration, the construction should be adequately fire stopped. Stmetmrall), shattid htne� _L -J_ Occupancy Separation. (See Chapter 3) Maximum Floor Area. (See Chapter 3) 406 Vertical Shafts. [8-909] Openings extending vertically through floors shall conform to the provisions of prevailing code. EXCEPTIONS: 1. Vertical shafts need not be enclosed when such shafts are blocked at every floor level by the installation of not less than 2 full inches of solid wood or equivalent construction installed as to prevent the initial passage of smoke and flame. 2. Approved automatic sprinkler systems may be considered on a case by case basis, in lieu of enclosure of vertical shafts and stairwells. . .. 1. The orginal or historic roofing system shall be detailed or modified as necessary in order to "JU030 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 4 - Fire Protection Page 4-3 be capable of providing shelter to the building occupants and exclude dampness while preserving the historic materials and appearance of the roof. . - . WIP-MI-10T411I. 408 Fire Alarm Systems. [8-8051 (aj Every Qualified ItHistorical bBuilding or Property NIM I I, III (b) .'a! other oeettpetneies shall be provided with fire alarm systems as required for the use or occupancy by prevailing regular code. smoke detectors as reQuired by the reaular code. 410 Automatic Fire Extinguishing Systems. (8-804) 410.1 (8-894(a)) Every historical building which cannot be made to conform to the construction requirements specified in prevailing the regular code for the occupancy or use, and which constitutes a distinct fire hazard, (for definition of "distinct hazard" see Section 201.2) shall be deemed to be in compliance if provided with an approved automatic fire extinguishing system, ets deerre d EXCEPTION: When an alternative life -safety system is approved by the enforcing agency. 410.2 (8-894(b)) An automatic fire extinguishing system shall not be used to substitute for or act as an alternate to the required number of exits from any facility. (See Chapter 5 for exiting requirements.) 410.3 (8-864Ee)) An Agutomatic Ffre Eextinguishing systems shall be provided in every J detention facilitjgg 037 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chanter 5 - Means of Earess — - - CHAPTER 5 MEANS OF EGRESS (Former Chapter 8-7) SECTION 501 — PURPOSE, SCOPE AND INTENT 501.1 Purpose. [8-701] The purpose of this chapter is to 7r--u=Vr:r-3hr;rr-rg mininmtn establish minimum means of egress regulations standardr�,-f a _;, ffteilities for gQualified hl4istorical bBuildings or Properties- The regulations require enforcine aeencies to accept reasonably equivilent alternatives to the Means of Egress requirements in the regular code. 501.2 Scope. [8-702]Every historical building or portion thereof shall be provided with exits as required by this chapter when required by the provisions of Section 102. SECTION 502 — GENERAL 502.1 General. [8-704] Except as provided in this section, exits shall conform or be made to conform to the provisions of prevailing regular code. EXCEPTIONS: 1. Existing,rdeturaily safe New fire escapes zInd fire escape ladders which comply with Section 502.2 shall be acceptable as one of the required means of egress. 2. New er eBxisting previously approved fire escapes and fire escape ladders shall be acceptable as one of the required means of egress provided they extend to the ground and are easily negotiated, adequately signed, and reasonably equivalent to prevailing code requirements. Access shall be by an opening having a minimum dimension of 29 inches when open. No sill shall be more than 30 inches above the floor or landing. 42. The enforcing; agency shall grant reasonable exceptions to specific provisions covered under applicable; regulations where such exceptions will not directly affect the life safety intended. (Examples: Existing door openings, and corridor and stairway widths of less than the specified dimensions, may be permitted provided there is sufficient width and height for a person to pass through the opening or traverse the exit; existing stairways having risers and treads at variance with the specified rise and run for the occupant load and use are 033 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 5 - Means of Egress Page 5-2 allowed.) 5. Upon specific case approval, the front or main exit door(s) need not be rehung to swing in the direction of exit travel provided other means or conditions of exiting as necessary to serve the total occupant load served are otherwise provided. 3¢. In lieu of total conformance with existing exiting requirements, the enforcing agency may accept any other condition which will allow or provide for the ability to quickly and safely evacuate any portion of a building without undue exposure and which will meet the intended exiting and life safety stipulated by these regulations. 502.2 Fire Escapes and Fire Escape Ladders New fire escapes and fire escape ladders shall comply with the following; . f 1 . t .. IF • 1 ' • � 1 2. All openings within 10 feet (3048) shall be protected by three -fourths -hour fire assemblies. When located within a recess or vestibule adjacent enclosure walls shall be of not less than one -hour fire -resistive construction. 1• •It •- 1• 1. inches. ao above the floorof 1" building oi balcony. 1e1 EMWIM V41111• ME 01-71Wif - •• • tl .1t •' . • •-. 6T.rer-inwey.rmil MITI• 1 . 1" - 1• -". •1 .-• - ! 1 11 11 . I • ! 1111 =111MOMMINITOMPTammlel ' 1 1_ t111 1 1• •t • - . 1. 1.1 1 •• 1. •- 1-. •• • 1 • 1•- :• •1 " MI 1• 01IMMMU M=11111111111-MM"RIM • 1 M3111 ••- !_ • 1 / 1 • ' 1 1 �. _ - 1 :_I 1 1 . u 11 ! • 1 • • - 1 _ 1 ! •• •1 1F1• •- Je! . 1 1' • 11 !! 1 •1 1 1• !1• 1.1 • 1 1- • 1.11 33O1WY between6. Fire escapes shall extend to the roof or provide an approved gooseneck ladder the .. �•• ._I• !• e!1 1" •• 1"1 1 .. • 1' • • 1• ••- 1 1" 1 1• 1• •. •- t ! _ • •• •.." 1 M 1vr?%T@vTfTT1 • 1!WWWWWOROM7,1151• !1 ! 11 it 039 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 5 - Means of Egress Page 5-3 - . .ism 1 1' . /- . 11 ll . : 11 .. •l ! 1. .- 1. - : �:. !! To111 - • • ..' escapes8. Fire 1• take the place of stairways mquired by the codes.- .the 9. - escapes shallbe kept clear and unobstructed at all times and main ained in _ ood working order. roomsdwelliniz n4J PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 6 - Alternative Accessibility Provisions Page 6-1 CHAPTER 6 ALTERNATIVE ACCESSIBILITY PROVISIONS [Formerly Chapter 8-13] 601 — PURPOSE SCOPE AND INTENT whieft are individittafly tafleired to the histarteal building or site establish provisions that facilitate access and use by people with disabilities to and throughout Qualified Historical Buildings or Properties, while maintaining the historical significance and character defining features of such buildings or properties. 601.2 Scope. [8-1302]. These regulations shall apply to F=very gQualified }historical stmet ere or site Building or Property that is required to open to the publie shall provide access to the handieepped people with disabilities in conformance with the prevailing regular code (as defined in 202) or in conformance with alternative provisions as provided by this chapter. .I • .:ure the use and enjoyment of Qualified .� C . �. . .�- . .-.• 602.1 (8-1304.) Regular code for access by the disabled for people with disabilities shall be applied to gQualified hHistorical buildings or Properties unless it is deterrnined the enforcing authority determines that strict compliance with sttelrprovisiens regular code will destroy or threaten the historical Significance and character defining features of the strueture or site building or property. 602.2 (8-1304). Alternative Provisions. If the historical significance or character defining features are threatened, alternative provisions for access may be applied pursuant to this chapter provided the following conditions are met: 1. Such alternative provisions shall be applied only on an item -by -item or case -by -case basis. (See T `Rabie 8 1; Section 603). - 041 REVISIONS TO THE STATE HISTORICAL BUILDING CODE 15. 1997 2. The alternative standards provisions are applied according to the priorities outlined in :=able 8-i-3-} Section 603 whereby the alternative providing the mest-aeeess 2reatest accessibility is listed first. 3. The official charged with enforcement of the standards provisions shall provide written documentation stating the reasons for the application of the altemative-standards provisions. to an the histerieai .ideal group of disabled Fe* !- Stteh deettmenwien shall be available to the pu e an request. a-representatiwe OWN [Table 8-13-1 is deleted] 603 Alternatives. [Table 8-13-2] These alternatives below each catelzory are listed in order of priority. These alternatives aup[Y only to the building standards listed below. All other related standards of regular code are not affected nor exempted. KI .• 1• . .-u. .� . •- -. -a'1 • - .�. �. frontof .•. 1. Ramp at greater than standard slope, but no greater than 1:91Q for a horizontal distance not to exceed 12 feet at main, side, or rear entrance. Signs shall be posted to indicate steepness of the slope at upper and lower approaches to Tramp. 2. Access listed in the order of priority, at grade or by ramp or unlocked lift to any entrance used by general public and no further than 200 feet from primary entrance. 3. Ramp no greater than .1:6 slope for a distance not to exceed a horizontal distance of 2-feet 13 inches at main, side, or rear, entrance. 4. Access, listed in the order of priority, at grade or by ramp or lift at any entrance not used by general public but open, (unlocked) with directional signs at the primary entrance and as close as possible. but no further than 200 feet from primary entrance. 603.2 Doors: 2. Sinele leaf door which provides a minimum 29'/2 inches clear op ni g PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 6 - Alternative Aooessioi ity Provisions Page 6-3 4. Double doors operable with a power -assist device to provide a minimum 29 /� inches opening when both doors are in the open position, 603.3 Toilet Rooms: L Toilet facility as required in the regular code and designated as a unisex toilet MUIT momf 603A Between Floors and Levels I MM j Access provided to levels and floors ramps of 1.6 slope for horizontal distance not to exceed 13 inches. Adequate wamings shall be provided at upper and lower levels to indicate steepness of the slope. L Access provided by experiences services functions attd materials and resources through methods including. but not limited to. maps. plans videos virtual reality and related equipment at accessible levels. WWI— • • . }• . 1 , -•1. oT .- ... -. •1 .1 -1 -v . -n . . - .. 2, The altemative design and/or technologies used Aill provide substantially equivalent or areater accessibility to. and usabilily-aLt�e facility. .. • 1 • - U . - 1 . 1 . • 1 1 . Ma! - . - - - • . =D REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 HC0 33101111Y 605 Excmptiens Exceptions. [8-1306] If the historical €abrie or espeet significance or character defining features would be destroyed by the application of alternative access standards as provided by this chapter, and no equival nt facilitation as provided in Section 604 is feasible, an exemptien exception from the literal requirements for full and equal access or any alternative provisions may be provided only if the following conditions are met: (a)1_ such exemptian exception is considered only on an item by item or ease by case basis. (bj2. interpretive exhibits and/or equal services of the exempted significant historical aspects are provided for the public in a location fully accessible to and usable by the disabled people with disabilities, including people with hearing and sight impairment. (e- 3— services must be aL, provided in an accessible location equal to those provided in the exempted location. (4)4—. the official charged with enforcement of the standards shall p�.m MR -We =MW • . .• .• •� •• . .. ..•• . • . off •I' • •- PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 7 - Alternative Structural Regulatiors Page 7-1 CHAPTER 7 ALTERNATIVE STRUCTURAL REGULATIONS (Former Chapter 8-5) 7016eneral. Intent [8-501 ] It is the intent of this chapter to encourage the preservation of qualified historical buildings while providing a reasonable level of structural safety for occupants and the public at large through the application of this code for such historical structures. 702 9eeapancy Scope. [8-502] The alternative structural regulations provided by Section 7045 [8- 504] shall be applied in lieu of or in combination with any prevailing code provisions, to the rehabilitation, reconstruction, restoration, repair, alteration or moving of any Qqualified IH- historical bBuilding 4Z Property or stmetwe when a structural evaluation or upgrade is required or undertaken. The foregoing shall not be construed to allow the enforcing agency to approve or permit a lower level of safety of structural design and construction than that contemplated by the prevailing regular code provisions in occupancies which are critical to the safety and welfare of the public at large including, but not limited to, public and private schools, hospitals, municipal police and fire stations and essential services facilities. 703 Report o Structural Survey. [8-503] A report of the strdeterai sem-ey performed ptirsuant to Seetiert 8 595 shail be filed With the ,- ,t ... ., MN- W-MMIRM-111LOM4111411,. It R documented IN1107 le' .P • 1 a- imer-RIM-103191,31F.04=11n.. -- 704 Non Histerieal Additions and Non -Historical Alterations. [8-504] New additions and non - historical additions alterations which are structurally separated from an existing historical structure shall comply with prevailing regular code requirements. New additions which impose vertical or lateral loads on an existing structure shall not be permitted unless the effected supporting structure is evaluated and strengthened. if necessary, to meet prevailing regular code requirements. Note: For use of archaic materials, see Chapter 8. 705 Alternative Structural Regulations. [8-505] 045 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 8 - Archaic Materials and Methods of Construction Page 8-1 CHAPTER 8 ARCHAIC MATERIALS AND METHODS OF CONSTRUCTION [Former Chapter 8-9] 801 Intent. [8-901.] * It is the intent of this= eitapter regulations to provide for the use of historical methods and materials of construction that are at variance with specific code requirements or are not otherwise codified. histerien!bttilding. 802 Scope. [8-902.] Any method or material that is (or similar to) the historic fabric of a structure that may have been drappedfret:t is no longer included in present codes, was a (known type of construction in the past, has served a useful purpose in the structure, and was a part of the historical structure is covered hereunder. These metheds ftnd materials may be med or re used in tile struetittre. Archaic materials and methods of construction nrecent in an historic structure may remain or be reinstalled or be installed with new materials of the same classto math existing_conditions, 803 General Engineering Approaches. [8-903.] PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15 1997 Chapter 8 - Archaic Matenals and Methods of Construction Page 8-2 • !! rlr •. !• • e• lhl !a_ •_ U., c !•1 ra. 1_C• ! .• Ir, •. ! fte st-tictural survey required in Section1 of ris code abaLjacu=tconditions. RIM RIM. 806 Masonry. [8-904] 806.1 Existing Solid Masonry. (a) Existing solid masonry walls of any type, except adobe, may be allowed, without testing, a maximum value of fete lh= pounds per square inch in shear with a 13 where there is a qualifying statement by the architect or engineer that an inspection has been made, that mortar joints are filled and that both brick and mortar are reasonably good. Allowable values above apply to unreinforced masonry, except adobe, where the maximum ratio of unsupported height or length to thickness does not exceed 12, where minimum quality mortar is used or exists. Higher quality mortar may provide a greater shear value based art ane}ysis by the arehiteet or engitteer and shall be tested in accordance with UBC Standard 21 6. Wall height or length is measured to supporting or resisting elements that are at least twice as stiff as the tributary wall. Stiffness is based on the gross section. Allowable shear stress may be increased by the addition of 10% of the axial direct stress due to the weight of the wall directly above. :I•- 11f�11. it' 1 � •!-!!� •!� 1 1•'•-r•'r ir- 11. PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING 15. 1997 • •- Z [AW&M 01 • . • • • • •, • q.• �� •• . - -. •! -. -! - •! 1• ! 806.3 Reconstructed Walls. (8-904fb}f Totally reconstructed walls utilizing original brick or masonry, constructed similar to original, shall be constructed in accordance with peraaiiing regular code . Minor repairs or infills may be constructed in a similar manner to the original walls without conforming to previt4ing regular code. 807 Adobe. (8-904(c)j 807.1 General. Unburned clay masonry may be ereeted or re ezeeted purstient to he fi5liavving stipuiatiens- constructed. reconstructed. stabilized. or rehabilitated subject to this ch2lpter. - •(q$1%)qr1qL6J1M1q• • .•. • 1. . •�- ••. ••. .I '.• n5Q PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 8 - Archaic Materials and Methods of Construction Page 84 1. •- -.- "• • • . -! • !" "l • 1, -/ NOW IMMIN71174mmmil Im n n, •' '• 2. Two-story adobe structures' height to thickness wall ratio shall not exceed 5 at the ground 3. Non load -bearing adobe partitions and gable end walls shall be evaluated for stability and anchored atil existi-re-co-rditisi-irsp--ilid orovide an effective brace for the wall. Ei11/�j'1. 1 \' 1 �_ 1 j"•. •1 l_ •1 11. - ! .• • :I 1 U.I r. •1• il• l . •' • 104111 • •ll•.• •1 . MMMI 808 Wood. [8-905.1 808.1 * Existing Wood Diaphragms or Walls. Existing wood diaphragms or walls of straight or diagonal sheathing shall be assigned shear resistance values appropriate with the fasteners and materials functioning in conjunction with the sheathing. - - - - - '�' low OIL 051 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 8 - Archaic Materials and Methods of Construction Page 8-5 808.2 Wood Lath and Plaster. (b) �R.'I7�0T•Tl�eieyi1!••fr r •.• . eulizell referencedusing the shear values in Section807.1 808.3 Existing Wood Framing. [8-905(c)] Existing wood framing members maw be assigned allowable stresses consistent with codes in effect at the time of construction, Existing or new replacement wood framing may be of archaic types originally used if properly researched, such as balloon and single wall. Wood joints such as dovetail and mortise and tenon types may be used structurally, provided they are: well made. Lumber selected for use and type need not bear grade marks, and greater or lesser species such as low level pine and fir, boxwood and indigenous hardwoods and other variations may be used for specific conditions where they were or would have been used. [8-905(d)] Wood fasteners such as square or cut nails may be used with a maximum increase of 50% over wire nails for shear. 809 Concrete. [8-906.] 809.1 Materials. Use of natural Cements concrete, unreinforced rubble concrete, and similar materials may be utilized wherever that material is used historically. Concrete of to w siren and with less reinforcement than required by regular code may remain with the architect or engineer ajg�i apRropriate values cf strength based on testing of samples of the materials. Bond and development lengths shall be determined based on historical information or tests. .-rto) ••rre. _r • Ev r- s iWMIR VA 111MOMMMO)r .-- I N 10RIANr• a I a rIrar 810 Steel and Iron. [8.907]. The hand -built, untested use of wrought or black iron, the use of cast iron or grey iron, and the myriad of joining methods that are not specifically allowed by code may be used wherever applicable and wherever they have proven their worth under the considerable span of years involved with most historical buildings. Retra fitting Fe Utiplift caoat& should be eensidered. anti the eiiminatiefra€evaluated and strengthened where necessary. E€fixed conditions or midheight lateral loads on cast iron columns that could cause failure should be taken into account. Existing structural wrought, forged steel or grey iron may be assigned the maximum working stress prevalent at the time of original construction. IM 161161517= MIND, r..WME117M. TMMI -■ •r .- -. r • • . .r im itunq I . . • - M( 052 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 8 - Archaic Materials and Methods of Construction Page" E3idf�lC�t 11, . ( 1 ���t .l.. .1 .1. 1.}_r• .! ! •. !. ! 7 •. be utilized to its capacity in accordance with code values, 1 ._ V a,1. 11 ... 1! . . " . • • • ' . • . • 1iv-4.1 k"Woomel 1 . . } his 1 , "' . } . 11 _ _ } . •• • '. } •.' • • . • /1 ill / }. • _ � 1• . . .' • ! J • 1!. •!1. 11 Glossary.8-910. DELETED PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chaoler 9 . Mechanical. Plum6lna ana Flactriral annIJIMMn...e _ _ . CHAPTER 9 MECHANICAL, PLUMBING AND ELECTRICAL REQUIREMENTS [Formerly Chapter 8-61 SECTION 901 — PURPOSE AND SCOPE 901.1 Purpose. [8-601] The purpose of this chapter is to provide a reasonable level of protection from fire, health and life safety hazards (hereinafter referred to as safety hazards) to occupants of historical buildings. It is not the intent to protect the property and, by so doing, adversely affect the authenticity of historical buildings. The regulations contained in this chapter control and allow alternatives to prevailing code. 901.2 Scope. [8-602] The requirements of this chapter apply to all occupancies including dwelling type occupancies covered under Chapter 8-10 of this part. 901.3 Safety Hazard. [8-603] No person shall permit any safety hazard to exist on premises under their control, or fail to take immediate action to abate such hazard. Existing systems which constitute a safety hazard when operational may remain in place provided they are completely and permanently rendered inoperative. Safety hazards created by inoperative systems shall not be permitted to exist. Requirements of the regular code concerning general regulations shall be complied with except that the enforciniz aizency shall accept alternatives which do not cause a safety hazard, 901.4 Energy Conservation. [8-604] _iistorical buildings covered by this part are exempted from compliance with energy conservation standards. When new appliances or equipment are added. they should comply with regular code. SECTION 902 — MECHANICAL [8-605] 902.1 General. Mechanical systems shall comply with the reg Liar cone unless otherwise modified by this chapter. 902.1.1 The provisions of these regulations shall apply to the acceptance, location, installation, alteration, repair, relocation, replacement or addition of any heating, ventilating, air conditioning, domestic incinerators, kilns or miscellaneous heat -producing appliances or equipment within or attached to a historical building. 902.1.2 Existing systems which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain in use. 902.1.3 The enforcing agency may approve any alternative to these regulations which would achieve equivalent life safety. 902.2 Heating Facilities. All dwelling type occupancies covered under Chapter 840 of this part shall be provided with heating facilities. Wood burning or en llet stoves or fireplaces may be acceptable as heating facilities. PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chanter 9 - Mechanical. Plumhina and Flectnnal Renuvemwnra r,___ 902.3 Fuel Oil Piping and Tanks. Fuel oil piping and tanks shall comply with prevailing code requirements except that the enforcing agency may waive such requirements where the lack of compliance does not create a safety or environmental hazard. 902.4 Heat -Producing and Cooling Equipment. Heat -producing and cooling equipment shall comply with prevailing code requirements, governing equipment safety, except that the enforcing agency may accept alternatives which do not inerease create a the safety hazard. 902.5 Combustion Air. 902.5.1 All fuel burning appliances and equipment shall be provided a sufficient supply of air for proper fuel combustion, ventilation, and draft hood dilution. 902.5.2 The enforcing agency may require operational tests for combustion air systems which do not comply with applicable requirements of prevailing code. 902.6 Venting of Appliances. 902.6.1 Every appliance required to be vented shall be connected to an approved venting system. Venting systems shall develop a positive flow adequate to convey all combustion products to the outside atmosphere. 902.6.2 Masonry chimneys in structurally sound condition may remain in use for all fuel burning appliances. Terra cotta chimneys and Type C metallic vents installed in concealed spaces shall not remain in use. 902.6.3 The enforcing agency may require operational tests for venting systems which do not comply with applicable requirements of prevailing the regular code. 902.7 Ducts. 902.7.1 New ducts shall be constructed and installed in accordance with applicable requirements of the prevailing code. 902.7.2 Existing non eambustible duct systems which do not comply with applicable requirements of the prevaiiing regular code and do not, in the opinion of the enforcing agency, constitute a safety or healthhazard may remain in use. 902.8 Ventilating Systems. 902.8.1 Ventilating systems shall be installed so that no safety hazard is created. -.b - 055 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 9 - Mechanical, Plumbing and Electrical Requirements Page 9-3 902.8.2 Grease hoods and grease hood exhaust systems shall be furnished and installed', in accordance with applicable requirements of the prevailing regulcode. Existing systems which da meteemplp are altered shall comply with there ;ular code. 902.9 Miscellaneous Equipment Requirements. 902.9.1 The following appliances and equipment shall be installed so that no safety hazard is created: Warm air furnaces, space heating equipment, vented decorative appliances, floor furnaces, vented wall furnaces, unit heaters, room heaters, absorption units, refrigeration equipment, duct furnaces, infrared radiant heaters, domestic incinerators, miscellaneous heat producing appliances, and water heaters. 902.9.2 Storage type water heaters shall be equipped with a temperature and pressure relief valve in accordance with applicable requirements of the prevailing code. SECTION 903 - PLUMBING! [8-606] 903.1 General. Plumbing systt•ms shall comply with the regular code unless otherwise noted. 903.1.1 The provisions of these regulations shall apply to the acceptance, location, installation, alteration, repair, relocation, replacement or addition of any plumbing system or equipment within or attached to a historical building. 903.1.2 Existing systems which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain in use. 903.1.3 The enforcing agency 2fta0 may approve any alternative to these regulations which achieves equivalent life safety. 903.2 Dwelling Type Occupancies. 903.2.1 Where toilet facilities are provided, alternative sewage disposal methods may be acceptable if approved by the local Health Department. In hotels, where private facilities are not provided, water closets at the ratio of one for each 15 rooms may be acceptable. 903.2.2 Toilet facilities are not required to be on the same floor nor in the same building as sleeping rooms. Water flush toilets may be located in a building immediately adjacent to the sleeping rooms. When alternative sewage disposal methods are utilized, they shall be located a, minimum distance from the sleeping rooms or other locations as approved by the local Health Department. 903.2.3 Kitchen sinks shall be provided in all kitchens. The sink and counter top may be of any smooth non -absorbent finish which can be maintained in a sanitary condition. 903.2.4 Hand washing facilities shall be provided for each dwelling unit and each hotel guest room. HISTORICAL BUILDING 1997 anA A basin and pitcher may be acceptable as adequate hand washing facilities. 903.2.5 Hot or cold running water is not required for each plumbing fixture, provided a sufficient amount of water is supplied to permit its normal operation. 903.2.6 Bathtubs and lavatories with filler spouts less than one inch above the fixture rim may remain in use provided there is an acceptable overflow below the rim. 903.3 Materials. Materials shall comply with the prevailing code requirements except that the enforcing agency shall accept alternative materials which do not create a safety hazard where their use is necessary to maintain the historical authenticity of the building. 903.4 Drainage and Vent Systems. Plumbing fixtures shall be connected to an adequate drainage and vent system. The enforcing agency may require operational tests for drainage and vent systems which do not comply with applicable requirements of the prevailing code. Vent terminations may be installed in any location which, in the opinion of the enforcing agency, does not create a safety hazard. 903.5 Indirect and Special Wastes. Indirect and special waste systems shall be installed so that no safety hazard is created. Chemical or industrial liquid wastes which may detrimentally affect the sanitary sewer system shall be pretreated to render them safe prior to discharge. 903.6 Traps and Interceptors. Traps and interceptors shall comply with the prevailing code requirements except that the enforcing agency shall accept alternatives which do not increase the safety hazard. Properly maintained "S" and drum It . . icP 903.7 Joints and Connections. 903.7.1 Joints and connections in new plumbing systems shall comply with applicable requirements of the prevailing code. 903.7.2 Joints and connections in existing or restored systems may be of any type that does not create a safety hazard. . 903.8 Water Distribution. Plumbing fixtures shall be connected to an adequate water distribution system. The enforcing agency may require operational tests for water distribution systems which do not comply with applicable requirements of prevailing code. Prohibited (unlawful) connections and cross connections shall not be permitted. 057 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15. 1997 Chapter 9 - Mechanical. Plumbing and Electrical Requirements Page 9-5 903.9 Building Sewers and :Private Sewage Disposal Systems. New building sewers and new private sewage disposal systems shall comply with applicable requirements of the prevailing code. 903.10 Fuel Gas Piping. Fuel gas piping shall comply with the prevailing code requirements except that the enforcing agency shall accept alternatives which do not increase the safety hazard. SECTION 904 — ELECTRICAL [8-6071 904.1 General. Electrical sy:;tems shall comply with the regular code unless otherwise noted. 904.1.1 The provisions of these regulations shall apply to the acceptance, location, in -installation, alteration, repair, relocation, replacement or addition of any electrical system or equipment as related to restoration within or attached to a qualified historical building. 904.1.2 Existing systems, wiring methods and electrical equipment which do not, in the opinion of the enforcing agency, constitute a safety hazard may remain in use. 904.1.3 The enforcing agency all may approve any alternative to these regulations which achieves equivalent safety. 904.2 Wiring Methods. 904.2.1 Where existing branch circuits do not include a grounding (beind) conductor and it is impracticable to reach a source of ground in the opinion of the enforcing agency, convenience outlets (receptacles) may remain the non -grounding type. •..1• 1 -•... -. !. .- . . •-• 904.2.3 Grounding type receptacles shall not be used without a gratmdeendueter =)unding means in an existing receptacle outlet: unless GFCI protected. _,1J058 PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15 1997 Chaoter 9 - Mechanical Phimhmn and Fln&rir l Ronuiromnnte _ _ „ ,. IPJ I 1M6JtKMv&-4• !! I I 1• •!- '1! 904.2.5 Dwelling unit Rreceptacle outlet maximum spacing requirement may be waived. L The exposed conductive parts of lighting fixtures shall be connected to any acceptable point on the grounding electrode system, conductive2. The lizhting fixtures shall be made of Insulating material and shall have no exposed ..ti EXCEPTION: Liahting fixtures mounted on electrically non-conductive ceilinjzs or walls where located not less than either (8) feet vertically or five (5) feet ho . rizontally from 2rounded surfaces. 904.2.6 Lighting load calculations for services and feeders may be based on actual loads as installed in lieu of the "watts per square foot" method. 904.2.7 Determination of existing loads may be based on maximum demand recordings in lieu of calculations provided all of the following are met: 1. Recordings are provided. y the serving agency, and The maximum demand data is available for a one-year period, and EXCEPTION: If maximum • u.n• data • • period is not continuously recorded over a minimum 30-day period by a recording ampmeter connected to the highest loaded phase of the feeder or surface. The recording should reflect the maximum demand when the buildina or snace is occupied and include the measured or calculated load at the peak time of the year including the larger of the heating or cooling equipment load. 3. There has been no change in occupancy of character of load during the previous 24 12 months, and 4. The anticipated load will not change, or the existing demand load at 125 percent (125%) plus the new load does not exceed the ampacily of the feeder or rating of the service, mid. the maximum demand date shall be permitted to be based on the actual aml2eres - astteentineetts lead. �. . PROPOSED REVISIONS TO THE STATE HISTORICAL BUILDING CODE August 15, 1997 Chapter 10 - District, Sites ana Open Spaces Page 10-1 CHAPTER 10 HISTORIC DISTRICTS, SITES AND OPEN SPACES [Formerly Chapter 8-11 ] SECTION 1001— PURPOSE, SCOPE AND APPLICABILITY 1001.1 Purpose. [8-1101 ] It is the purpose of this chapter to permit alternative regulations and cri- teria to govern the impact of development or redevelopment on sites, open space, accessway, artifacts and landscaped areas coinciding with the rehabilitation, preservation, restoration, relocation or reconstruction of designated historic buildings or his-toric districts. 1001.2 Scope. [8-1103] The range of forms and physical features to which alternative design standards and regulations may be applied include, but are not limited to: natural opeil space, including earth, rock, water and vegetation; landscaping, gardens and plant materials; landscape features including walls, fencers, treflises, yard lights, pools, lawn and garden ornamentations and the like; patios, courts, malls, play areas, shelters and promenades; pedestrian and vehicular access including paths, sidewalks, driveways, parking spaces, service delivery, trash and garbage disposal areas; grading, topography and erosion control; and public utilities. 1001.3 Applicability [8-1104] Alternative regulations and criteria shall apply to all sites, open space, accessways, artifacts and landscape areas associated with qualified historic buildings or historic districts. SECTION 1002 — SITE RELATIONS 1002 Site Relations [8-1102] :Insofar as preaailin regulaz regulations, standards and requirements may impact on sites, open space, accessway, artifacts and landscaped areas within historic districts or beyond the Qualified ltHistoric stmetwe property proper, those areas and physical features come within the purview of this code. A designated historic building or district may be considered to include the site, open space, accessway and landscaped areas beyond the immediate structure as these elements are an integral part of and significant to the historic structure or district. Tlhe relationship between a structure and its site is important and of special importance in historic districts. Districts consist of a series of buildings that form the urban character of the area and the ties to less significant structures which support the district. Viewed as a whole, with the spaces between the structures (including streets, sidewalks, landscaping and street furniture) a total identity of place is created. 060 P L A N N I N G C O M M I S S I O N E R S For Municipal, County & Regional Planning Boards Where dousing Goes Complimentary Back Issue For Subscription Information, Call: 802-864-9083 (this label peels off) PLANNING COMMISSIONERS JOURNAL / N UMBE I, _ ., ... .. - ... o&! I * ma" cv n,rtar�mtesrrr.,;�Aci7, td�Jttcrf��j11s,� I FROM THE EDITOR WHERE HOUSING GOES Mere0 The "Multi -Family Housing Blues" G e be vo6 �WaMcr Housing Goes Planning Conriuner bob Mulder drscnbes whtu happened whpee a n a muhi-lamils housng project teas proposed in Raleigh, North Carolina. Issues of the Planning Coln missionersJour- nal sometimes lake on a life of their own. The theme of this issue began to emerge when we received an article a fcw months ago from Bob Mulder, a member of the Raleigh, North Carolina, Planning Commission, about some of the NIMBY (not-in-m)-backyard) prob- lems his commission encountered in dealing with a multi -family housing proposal_ Page 6. Mulder's article struck a chord with me. Since the PCJ hadn't previously focused on NIMBYs oraffoidable housing —two impor- tant, and often related. Issues many planning commissions lace — we decided to use Mul- der's article as a springboard to further explore different aspects of `where housing goes." Fortunately, as a small, independent publication, we have the flexibility to shift contents on relatively shun notice. As a result, complementing Bob Mulder's article you'll find: Some thoughtful observations on how planning commissioners can hest cope with N I h4 BY situations. Page 4. Actions planners can take to promole better multi-fantit , housing_ Pagc b. A perspective on the origins of single- family -only zoning. Page 10- And to round things out: the role commu- nity land trusts can play in providing afford- able home okkmership (It. 11), two innovative designs for high -density, small-scale, housing (p. 14), observations on the value of having a mix of housing (p. 10), and a beef look at the Law and ezdusiouaiN> zoning (p.20). Also, starting with this issue we're includ- ing some of the many comments we've been receiving Gore our `on-line' article reviewers. I think you'll find the additional perspectives they provide quite inter-esting (for information - on liokk }ou can become - _ an "on Itnc reviewer, wE_ see page 19). Wayne M. Scoville, &litor Q Dealing With the Fear of Multi -Family Housing by R,n Qtmy Concrete steps planners can take to improve the qualitt; and acceptahilltp, of nndti-fanrtty housing_ m Community Land Trusts: An Introduction by Isol P, s,ss.n Community land trusts are olleringan increasing number Ofmmmtmides it way Of dcvcloping long- term affordable housing An 'mtnrduaion to the mle community land ousts can play. ® Single -Family -Only Zones by h[m r ens C. Gcnkc ru A look hick at the origins of inglc-family-only zon- ing, and why its original premise of fostering good citizenship through home ownership Is unsound. In Designing Multi -Family Housing for Residential Neighborhoods by 1LM Dm,drand Christiee I<iiLrp "Lwo award-tndnning architects discuss how [hey'ce approached integrating multi -family housing into resiclential neighborhoods m AMix of Housing Iry David Bras"a Some insights on ourmix of housing, by archit ,oum and urban planning columnist David Brussat. ®' Changing Ways In the Suburbs by I'c (cr Rachsha an Court derision arc namrt[lag suburbs' abllhy m limit housing t}'pes, says land use atrorne}, Peter Buchsbamn. DEPARTMENTS © The Planning Commission At Work Mike Chandler on why developing closer relation- ships with governing bodies is something planting commissions need to work on. Q The Effective Planning Commission Flame Cogan due (uses strategics for dealing will N I kl lel s rhea they ,It... up at / our meetings. m Looking Around Hismric districts bring communities powerful economic benefits, explains Ed McMahon_ M Economic Development & Communities Iacl. Md:all offers some advice on suengthening downtov-n retailing. P L A N N I N G COMM ISSI ONERS I f=1 I Champlain Planning Press PO. Box 4295 Burlington, VT05406 Tel 802-864-W83 Fix 802-862-1882 E-mail: pcj@togerhernet PCJ world Vide web home page: http:/A%Nvkcwebcom_coni/pcj/welcomc html Editor Wayne M. Senville Assistant Editor Kenneth Lemer- Design QL Graphics, hie. But lingtan, Vermortt Cover Illustration Patti Hoffinian Grwcnfield, Massachusetts Subscription Information Published 4 brneeh�car; niah an index indudcd in the Fall issue. standard Rate: S45/vear: Additional nibso baton mailed to the same address $5 on, Small communities (populations under 25,000), and small cowries or regions (populations under 75,000) recene20%off the standard rate. ISSN 1058-5605, Postmaster and Subsoibers: Send addnss changes to Planning Comnrusioneis Jour- nal, PO, Bus4295, Burlington, VT05400, Editorial Policy Gl'e strongly encourage subscribers to contribute mews, information, and ideas. A standard fnnx for submissions to the News & Votes section is m°at1- able. Amides and columns contulncd In the Jotu nal do, not necccsarifv reflect the vim, of the Inarnal. The Journal is eopyrtght protected by Champlain Hamviag Pro, 1996- For pis mission to reproduce ar distribute cat) portion of the Joamaf, contact the EAU? 'Ibis pubhcatton is designs to provide accu- rnte and authooicane in(onnatfon on the subject motto coveral It is sold teuh rite understanding that the pabhsho is not cttg (gcd nt rendering legal, accounting or o(hcr pe fessonai scn'tecs, [J legal or orherexperl ansotott,e B required, the services of a competent professional should be sought. PLAN N I N G COMMISSIONERS JOURNAL / N O M B L R 23 / SUMMER 1 9 9 6 THE PLANNING COMMISSION AT WORK The Planning Commission As Independent Advisor planning commission does not exist or function in isolation. In this column, I want to focus on the relationship or linkage" between the commission and local governing body. Ever since the nation's first planning commission was appointed by the Hart- ford, Connecticut.. City Council in 1907, planning commissions have served as inde- pendent advisors to their local goi"crating body en planning and land use matters. A key word in the preceding sentence is adatsors. r 1hr Standard Planning Cnabhng A'r' Keeping this in mind is important when considering a planning commission's relationship to the governing body. The planning commission's principal function is to prepare and update the com- prehensive plan (also called the general or master plan). The planning commission is also hpically responsible for recommend- ing amendments to zoning and subdivision ordinances. Finally, planning commissions often make recommendations to the gov- erning bodyon deectopment proposals, though in many states commissions take final action subject only to court appeal. Not having the final word can he a diffi- cult thing especially when the commis- sion upends great amounts of time and energy only to have its advice rejected by the governing body (though hopefully, this will not happen too often). Don't let this discourage you. instead, look for ways yom commission can advance the cause of good planning, and strengthen its relationship with the governing body. Remember that as a planning cominis- sioner you're responsible for focusing on the long-term. Most elected officials appre- ciate this forward thinking role hecause it allows them to gauge the public's receptivi- ty to future courses ofaction. Planning commissions can also strengthen their role by involving the pub - tic as much as possible especiatly in by Michac! Chandler work on the municipat plan. It is amazing how receptive the governing body will be to the planning commissions recommenda- tions when they're supported by a hundred members of the public, Try to develop a partnership between the commission and the governing hody. One way is to hold joint work sessions or public hearings on major planning issues and initiatives. While in many states it is not uncommon for the two bodies to hold joint public hearings (often required by statute or ordinance), it has been my expe- rience that the same is not tine of informal work sessions. Yet such work sessions can yield a greater appreciation and under- standing of each body's role — and pro- mote a shared planning agenda that considers the municipality's near and long - let III needs. Monitoring the, consistency of planning commission recommendations and goner n- ing hody action with your local land use plan represents another opportunity Some commissions prepare an annual report on The Standard Planning Enabling Act l'hc SPHA, prepared in 1928 by the U.S. Deparunent of Commerce under then Secre- tary Herbcrt Hoover— and subsequently adopted (with generally rnmormodihca- tions) by nearly every state — envisioned: "a dearly defined permanent planning branch in the local government, in the form of a commission which formulates a com- prehenvc plan and keeps 1t up to (late. I he commission then advises the legislative and executive branches of the municipality, and the public, as to the importance of the plan and promotes conformance to it in the lay- ing out of new streets, the construction of the status of planning in the community. Once prepared, the report is shared with the governing body, and with the commu- nity at large. Such a report can serve as an important barometer measuring the diff^T- ence planning is making in the colmmmity. Hi ally, consider opening other lines of communication with your elected ofGcials- fhis might involve presenting planning commission reports during governing hody meetings, malting sure elected officials occasionally attend commission meetings, and, if appropriate, having an elected official serve as a liaison member to the commission. Michac! Chandfrr is an Aseocialc Pm(Pssor and Connnurttp' Planning Lxlen- SIUn S1,[laliSl at lrll{ini❑ lcch m lifad?shui Mill", also rondaus (riming pfo- 1 �. grams across the counhy, \ t and is a jmrlurm spcalaa al '` 4 rw)tN ops He has iervcd on the Blacksburg Planning Commission and, for the past 12 wcos, oo the Toot Gr naf. public works and utilities, and the private development of land" (emphasis added). From the Hrlm i AdvLiory Committee Report. In some stales the planning commission adopts the plan, in other, the commission recommends the plan to the governing body for adoption; white a third approach is to have the plan subject to public referendum. Note that planning enabl ing acts are separate from zoning and subdivision enabling acts. The latter give municipalities the power to adopt zoning or subdivision regulations. In a number of states, planning commissions exercise final authority sub- ject to court appeal —over certain develop- ment applications, often as part of a site plan or subdivision review. PT ANNING COMMISSIONERS JOURNAL / NUMBER 23 / SLIMMER 1 9 9 6 0&3 THE EFFECTIVE PLANNING COMMISSIONER Is Your Community Being Invaded by N IMBYs? IMBYs (Not in my Backyard) They're either coming to your community or already there — the self-annointed protectors of (check one or more) their neighborhoods, the com- munity the public good, or their own sell - Interest. Many areas suffer from the added infestation of NIMFYs — timid public officials who are heard to say, usual- ly, privately, Not in nay Election Year." Faced avith a potentially cunuoversial issue such asIII till i-family housing, whats a con- scicnuOus planning commission to do? First, uy not to panic. Second, consider these strategies. • Move decisively to defuse fiction, gossip, and innuendo. lie aware of issues that naay inflame your particular conunu- ntty and take the initiative to provide the facts frankly and clearly before the ugly rumors get around. Why is the planning board considering multi -family housing? Is there redly a need? Just who are "those On -Line Comments: Ms Cogan s article .addresses one side of the ISSne. My expcnence has been Ih,u stall and nmtmtsstoners do not of can not take the amc to fully ace tigate the impact that changinG the density or character of an area has on the mo most important, vet reLued, sues all comwunn.ies face. quality uflife and pron•c- non of investment Whether it is commercial development - multi tanuly or road constme- uon, they must consider the consequence of axaung an atmosphere of distrana Ilame seen local neighborhoods go from re,idenual to wad- er park without due constderauon to schools, Intfilc, noise or came ... A long range plea is a very usclul tool when I is avell concaved and folloNced. It must be public knowledge in the cowmunay. fa- a-ns need an opportwaity to adjust to a new ache I believe the attitude of "not in my back- yard" indicates a cay policy poorly publicized by (=tonne Cogan DMA /\ID)t .;l.btf%\1Ch I'l�lerC�l°ttit�:UfICO�N �O�li 1(IiilL` (Llllii✓/1p�IP217a I'1r/�['�_ all 11� S 11MrI S (0) V 111,110r 'IL(VI%Ur people' who will In e there? What will the development loot: like? In most cases, when the facts are known, people will find that the likely inhabitants are not the terrible CreatIUCS they may have envisioned, but friends and neighbors more like themsckes who can- not afford or do not want single rest- dences. pears about what the project will .and poory nnplcmented. Isno the c1dinition of "planwn"to docrmine the cow e of the IuturO If that is out then dMSLIC dh changing. without wamuag the way the tin—coscin-cos lice and work wcuns Somebody laded to plan. —Lcaboh Banks, Gallalin, TN Nio, article and good tips. An added thought is that planning staftets are somennics so prolesnonally tuned th:a they itsc pigon or plannutg teens that am rod flags to those an f artheworst-`N4ulu-femvly houslrw"is tin ecaanpic ThestaH of one sla them city that is a client of mine was espencnemg i most unex- pected Icvel of NIN11e fur a proposed mulli- famaly developmcnr In listening to their trues_ I asked about the scale of u, 110W nmlo- is it' Duplexes, they mismercd. You are kidding. 1ou have been calling then( nudu-Imnily? Er. yes Do you know the images muln-Innely sends? rr,. _guess ear never thought about it." Mary C. Means, Alexandria, VA lout: like can he allayed by good rcnder- ings or sl<etdacs. This assumes, of course, that you have a supportable project. • Know the opposition. Who are the cacler': What are their concerns? Are they the traditional naysayers to all planning or people Opposed just to this project:' By knowing who they are and what they evart you can sect: possible areas of mutu- al agreement and isolate the few issues on which there are Truk opposite views. • Be frank and open at all times. Many good projects go down in blazing defeat because the proponents are so hightencd of the opposition that they fall into the unp of holding closed-cloor meetings or making 'secret' deals. As a planning commission, it is especially inap- propriate to engage in such hehincl-the- scenes naaueuvcrtng_ • Make sure all reports and notices are in easy -to -understand words and phrases. Citizens arc rightly suspicious of technical reports heavily laden with jargon Only a planner or engineer can uncler- stand. Likewise, too nany notices of pub- lic meetings or actions meet all the legal qualificaliOils but CIO not describe the ssues simply and clean\ put them to the citizen -on -the -sweet test. WOUId you have understood them before you hecame such an involved planning commissioner? Would your mother-in-law understand them now? And provide translations it you have non-English speaking populations. • Offer various opportunities for public input and comment. Relatively few people are coanfortahle making Speeches of giving oral testimony More- over, meetings can easily deteriorate into shunting matches if that is the only avenue by which people can express themsckes. Design your public meetings crcativcly so that participants can look at exhibits, talk in small groups to each other, staff, and planning commissioners, and provide written comment. Avoid any opportunity P I_ A N K I N G C 0 AI M I S-S I O N li R S J O U R N A L / N U NI a E R 2 3 / S U M %I E R 1 9 9 b OK 1 for a lew to grandstand. • Keep a perspective. After a barrage of angiv phone calls and letters, it may seem that the project is opposed by evmy- one in the community. This is seldom the case and more often, the work of a vocal and clever minority. In the case of multi- family housing, there should be man% people who will support it well -conceived plan. Some may be influenced by the idea of fairness, others by the need for diversity. Singles -- empi '-nesters _. business peo- ple. If you provide adequate information to a broad spectrum of the citizenry, lead- ers willing to look at all sides of the issue are likely to emerge. • Be willing to compromise. Oppo- nents are seldom all wrong. Perhaps the scale of development really is not appro- priate for the neighborhood, or it may cause an unwanted level of traffic conges- tion. Find ways to meet reasonable objec- tions and you not only are likely to have a better final project, but you will isolate the few, true N IMBYs who are never satisfied. - Reach your final decision fairly and stick with it. If you have followed a reasonable and open process, there may still be people who disagree with your final determination, hot they will know how you got there and respect you 101 J. They can always appeal your decision, but nei- ther planning nor the planning commis- sion Will have been tarnished by the process. ♦ _� Marc,,Lee a pal iicI ie Cogan ovens Cogan plan- w :... ring and comniunrcan(as 4r consultants nh Portland, Oregon, has designed and ffeditatcd huncLrrls of corn- nnnnty decision-mahing p roees,es on conboverseal tnc ,- Slhe shares scare IF leer ,ccrels in her book, Successful Public Meetings, available at booh%oec, mid f om the Am,ncan Planning. sadadon. Elaine's column, 'The Effcchve Planning Commissioner;" appears in each issue of the PCJ. Some �Observations on NIMBY-ism f y Perry Norton Elaine Cogan regularly (thank goodness) taps on the blackboard, patiently calling to our attention a matter of concern to all who must wrestle with dCCIS10ns aI[eel Ing tine use of land, and the built en'IrOnment. In Ihis issue she addresses a major problem of com- munications, caught up by that colorful word, N EMBY. There is a slant to her observations, to which 1, as a planner with nearly 50 years of experience, subscribe — to wit, that opposi- tion to the proposals of planners (profession- als and commissioners alike) is largely a lWuUou of our failure to establish effective communications. As planners, we are not self- serving— our concerns are for the long range good of the whole community - That, at least, is the meat and potatoes" diet on which L was led as I went through a professional planning degree progrmn and then to work in the plan- ning field - But it may be worth noting that "nkmby- ism is a useful coinage for an ancienuverity — that people are SLIspldous of change Peo- ple prefer the known To the unknown, because they know how to respond to the known. And in many wayswe're all "N1M- BYs' We all prefer the familiar to the new, especially when changes are proposed that come close to our personal thresholds. Many nimhyites will protest that what is proposed IS, indeed, a good idea. Om-mmmunity needs housing, they will agree, for all sorts of special and critical purposes, but why choose "our' place, which is stable? Why not do "it" over there? It is exactly this "yes, but" twist that often proves Lo be most frustrating. My own counsel would be: spend more time asking than telling- Get more people involved in looking at and articulating a 11 problem" feeling it, wanting to do some- thing about it. We don't know all the answers. Retired planner and teacher Perry Norton potodt- cally przrvides hes obsci cations on anides appearing in the Planning CornrnisnoncisjourHal. Anxiety -Producing Renters Anlinopologisl Constance Perin has obscitcd that: "In developers proposals for higher -densi- ty housing shouted ciowm at zoning hearings across the land anxiety -producing renters are characterized In the mythical idiom of trick- sters and Clowns Renters Americans believe, are by name morally deficient, unstable, and dangerous. People who rent are a ddferent and lesser species, morally unqualified by that final rung of getting a mortgage, and for that, stig- matized. _.'They will lower Out property val- ues is ownershue and cry following on any proposal to include renters on the block, in the neighborhood, or even anywhere within the suburb- _- These attributions also shape renters' sense of themselves. The owner of a very large apanrneln complex .. told me that she had Lo convince her white-collar, middle- and uppci- mcome tenants.. that despite being renters, they' could exercise political dour and demand municipal attention to the traffic and garbage collection problems they were having' —Corutmse Pcnia, Belonn ng in Aoienca (Unit of Wisconsin Press 1988), 98-99. NIMBY Politics "Until recently, three Medford [New jet - seyl homemakers sometimes spent six hours a day in their campaign to derail plans to place low-income housing liver their homes off floute 70. "t hen last mouth, the-lownship Council finally approved the construction of 77 low-income units at the very sites the women were campaigning against -.. Its a classic case of NIMBY, Councilman Andrew Korab said of the woolens long cam- paign. But his own campaign for re-election last year was against the building of affordable housing in neighborhoods on the southern side, where he resides. The three women say the Township Coun- cil members, all five of whom live on the south side, have themselves fallen to the'noL in my back yard syndrome. _ ' — From Tile Philadelphia Ingtdrei Jan. 1, 1995. EDITOR'S NOTE: That's Some LULU: Going BANANAS About NIMBYs While Elaine Cogan focuses on NIMBYs, don't forget its siblings: LULUS and BANANAS. So LhaL you're current with plan- ning jargon, LULU stands for "locally unwant- ed land use,' while BANANA stands for "build absolutely nothing anywvhere near anyone.- So feel lice to spice up your conversation when you get tired of talking about NIMBYsI PI_ANN I N G COM M I SS 1 ON ERS 1 OU RNA L / NUMBER 23 / SUMMER 1996 0& ✓ WHERE HOUSING GOES The "Multi -Family Housing Blues" ost people who rent apart meats are not living the American Dream." That was probably the most striking and disturbing statement made at a recent public hearing in opposi- tion to it rezoning request. The rezoning involved IS acres currently zoned R-4 (4 units/acre), and the request was for R-10 (10 units/acre), which typically means multi -family (apartments, townhomes, condos). There is a definite feeling by a signifi- cant number of people in the community that multi -family development brings in the "wrong element.' The reasons they give in opposition to multi -family are usu- ally specious, and would make you think that people who rent apartments are knuckle -dragging Neanderthals or nre- claimable criminals - The City of Raleigh, North Carolina's policy on providing affordable housing opportunities for families or individuals in On -Line Comments: In the uncle, mule -family hous- ing is discussed in the contest of housing affunfabihty. Ww could get more affordable housing with less public opposition by simply amending our zoning by-laws to allow second dwelling units as -of -tight. Our Provincial gov- crrnnent did this in 1994 by outlawing any zoning provision which did not allow a second unit in any single, semi-detached, of town- house dwelling unit. More recently, it newv provincial govern- ment rescnnded Lire asof-right legislation and has left It up to the individual municipalities to decide through their zoning by-laws if they wish to allow second units as -of right In try expenence, there used to be adequate safety measures in place for the protection of the occupants of second dwelling units through sit ict building e, lawstandards and lire depart- ment safety requirements. there should also be a register of all second dwelling units so that building and fire personnel arc aware of the by Bob Mulder lower income brackets is to distribute this type of housing — usually rental apart- ments — all across the city. By affordable I mean housing that is available to people who have an annual income corresponding to 50 percent of the median income for this area (I feel compelled to define affordable, because it's a slippery term, a $350,000 house can be said to be "affordable' if you can afford it). One of the positive effects of this policy additional occupant load. Otherthan those concerns, I ant not aware of any signihcaul complaint about any additonal housing that has been added to our community Ron Marini, Stoney Creek, Ontario Even the term "duplex' seems to have the power to incite a not these days. I have watched as citizens opposed development of condos and townhomes that were welt out of my reach, crying that they already have enough mule -family housing In their area. I have seen People in public meetings stand up and say openly that they like the way then neighbor hood s, and due t want to see people who arc different Gum them moving in. They moved there to get away from those people_ Some are even more blaumt, and say openly that they don't want their kids going to a "mixed' school. And, mention subsidized housing to people, and they go through the roof. Nevcrmind that five year, ago, my husband and t would have qualified for subsidized housing. —Lisa Haderlein, Peoria County, Illinois is that residents are able to live in an envi- ronment which might encourage them to go back to school so they can increase their income and, perhaps, someday become homeowners. In spite of the prevalent community view, that the 'Amer- ican Dream" is centered on home owner- ship, renter -occupied [nits make up 56 percent of Raleigh housing stock (accord- ing_ to 1990 statistics). In a well -publicized case here in Raleigh, residents of a well-to-do single family development across the street fiom a site proposed for apartment units to be financed through a tax credit program, tried to rezone the site Lo kill the project, even though the project met all code requirements and had received the neces- sary building permits. A local newspaper article published some of the reasons nearby residents gave for their opposition: they didn t want "hamburger Ilippers" living near them, they felt the new residents would be dis- couraged from pulling themselves up "by their hootstraps" if they saw the affluence aroundthem It would be ironic ifindivid- uals who spoke out ag inst this project suddenly found themselves having to live in these apartments and "Ilip hamburgers" to make ends meet. Its an unfortunate reality that some people who have held high paying jobs with some of our best known high-tech corporations have had to sell their homes and work in fast-food i estam ants - One Raleigh resident recently told me that some new single-family homes being built in the area would help "tilt the bal- ance" against an apartment complex up the street. I was amazed to hear this person captain that the presence of the apartment complex made this a "borderline" area. I have worked around this area for years, and there is nothing borderline about it. Many times people will write off all apart- ments as being unattractive simply PLAN N I NG COMMISSIONERS IOURNA 1_ / NUMBER 23 / SUMMER 1996 Robert. Having been a dweller in rental roe c Joand living the "American Dr m� are mutually �xduoiive. eel that employment opportunities Ihai are increasin geographic mobility; gly offered to Americans rcyuire cmploymcnl from j factory, mill, and paternalistic corporale jobs that offer graduation to retirement at the some location are few. The amount of renhd property in Ralcig uniteniQ' populanon. ._ Rental ProI'll t unne'll to [his, Ovell lessnxppr`in the and much less complex moves. i The "American Dream' does not pivot on the question of who holds title to a propert}', but on dignity. the sbe of one's income or the consp(cuous consuntphon of that income in an ownedProperty I and do not prove that an individual is living the American Dream" The quuliry oRute's en vironme nt u a much more important factor in meeting that ideal, A rental property dcvelnped wish proper Planning, design, qualil)' construction and continuing tnainlenancc is a, valid a lurid ronveyancj c In the 'Amerman Dream;' and perhaps more se, an... a shocWily- bw71, huge square footage house with a high-malmenance wk ",hit, picet fcuce. Renting with di ntty can be ficiiilaled Ihrou h Provides a basil and foundation for people logh u quality constmclion that m Drea."Theplanning ofa rented residence should be penormed w,th rare and thought as a library. What does the enviromnni„ of a well�res as raInnch library tell the users? It cci speaks with a dignify that promoles thought, achicvell"' order, possibility this foundations of opportunity, and oPponunhy is the Foundation of the "American Dream." I Mark Mulder I i [Editor's Note: Bob Mulder passed along to its this note lie received from hislbrotheni because of problems being created by some residents at a particular apartment complex 1L's wonhwhile remembering that unsavory people can and do live in single-family residences —just as they do in apartments. Fortunately, most people, regardless of what type of housing they live in, are basically decent and just tying their best to make If living and get ahead. Another well-worn argument against multi -family housing is that it will cause property values to full I tell people that if theyslnecicly beheyuhat it will become self fullilling prophecy, especially if real - lots hearaboutthese 'falling propertyval- ues, I firmly believe that multi -family developments should not cause property values of adjacent single-family homes to decrease. It is extremely important for those of us serving on planning commissions or boards to investigate thoroughly any opposition to multi -family development. Are there legitimate planning issues related to traffic, stonnwaLer management, and so on, or is it simply a case of not wanting `those lands of people" near our neighbor- hood? When you hear someone say "we don't want anyone in our neighborhood who docsn'L belong there," be on guard. Bob Mulder has been a elcinber of the Raleigh, North Carolina, Planning Commission Jsrfour years, and atlenlly lalics as its Chairman, fie has owned and operated a landscaping k. business since 1979 and strcoah<r's in environmental- � L ly sound laadscraping. [Editor's Note: Boll Mulder addresses an important, and disturbing, subject in his Insights column. We would like your reaction. Does )'our community face similar problems? How, do you deal with NIMBY-like opposition? Are there strategies you've used to help accom- modate multi -family housing? We'd like to run additional perspcctiv cs on this important topic Help on Coming Issues of the PCJ 1. We are planning two "roundtable discussions" — the results of which we hope to condense and publish. One will be for planningcommissioners, the other for local elected officials. If you are open to discussing a range of issues, and door mud spending about an hour -and -a -half on a telephone conference call, please con- tact us. previous two roundtable dls- cusvons proved to he inkireatiNe and fun. At can thats what those participating told usi. 2. For a future article on public sur- veys, we would appreciate hearing from any communities that have conducted effective, planning -related public suncys or questionnan es 3. For an issue that will focus on how planners can help strengthen a sense of community, it your commission or department has done any w(,Ila which you feel might be of interest please let us know about it. PCJ Storage Binders & Back Issues Availahle Ihave loose copies of the PCJ floating around? Get IF � organized . You callstore Track issues of the PCJ in an attractive- ly designed, gold on blue hinder- Each binder holds 3 ycaa' worth of PCJs 12 bark issues. All you'll need to do is mscn a thin metal rod (included with the bander) inside cash Issue, and pop it biers into the binder- Itjust takes seconds and you'll have your Issues well-preserved and easily accessble. Copies of most back issues are also available. And for those issues oul-of--print we can provide a high quality photocopy. Por a back issue & hinder order Corm, call nor office at 802-864-9083, FAX us at 802-862-1882, or visit our web site. PLAN K ING CO MMISSIONERS JOURNAL / NUMBER 23 / SUM M E R 1996 WHERE HOUSING GOES Dealing With the Fear of Multi -Family Housing he "No Apartments In My Back Yard" attitude of most single- family neighborhoods is an expression of fear. Not a fear of the unknown, buL a fear of the known — a fear people have that they will lose control over their environment. Likely your com- munity has at least one place that people can point to and say "that might happen here, next to met" It is not hard to find examples of multi -family projects that have devalued surrounding housing and created centers of crime. Worse still, most communities can find existing neighbor hoods zoned for multi -family where this zoning has resulted in neighborhood decline, even if there are no apartments The answer to this fear is to understand it — and to give people reason to believe they need not fear. As planners, we must take concrete actions u, change the condi- tions that have led to problems with multi- family housing_ THE ROOTS OF TODAY'S MULTI -FAMILY HOUSING PROBLEM During the 1970s and Bos the nation's tax laws created an economic climate that fostered some of the worst housing condi- tions that exist within the gleaming growth cities of the South and SOUthwesL. Managed as tax write-offs, not for long-term income potential, apartment projects of all sizes — from small to massive — were built it incredible raLes. But in a matter of a few years these places fell into disrepair (repair provided no tax advantages). Some areas, like Dallas and its surrounding con —I ties, ended up with huge empty projects LhaL went bankrupt when Lax laws were changed in the late'80s. But the story does not end here. Min), Southern and Southwestern communities are also full of small four Lo eight -plea pro- jects, built to minimum standards (some- times substandard) in the less affluent parts of our communities- These ere the true "slumlord" places. When viewed by "rnid- by Ray Quay dle income' America, these places are scar) — they look horrible and must obviously be centers of dime and despair. One would think these places rent for dollars a day. In some places some do, but 9n many places you would be shocked at what rents such projects can command. Many rent for as much as better apartments tent in nicer parts of tow Xk,,,w,mrX00INiNCGi SIf .\;\ D i.'.U,S ti �3A ��L`iJIL�I� !Lw taliLl"( lA,�fl;S`i1l:�C(>, Im nJj'lf's N/ISxumq 1DY`hl` , GU7y`C11' N51rS5 Why is this? Many low income wage earners cannot allord to buy and own a cat'. At the same time, in many communities public transit options are limited. This ends Up narrowing housing options to near where people work, can get a ate, or catch What public transit is available. Unfortu- nately, this is often in areas where new, higher quality apartments are not being bull[. So people tale and pay for what housing they can get WHAT CAN PLANNERS Do? Planners can take steps to foster positive and successful multi -family developments — and to improve the condition of existing problem -plagued projects. This is the best way to overcome peoplesfears about multi -family housing. Here are some strate- gies your planning or community develop- ment department might consider. L Scrutinize your growth areas. The best time to create sites for apartments is before an area is surrounded by single-fam- ily development. For example, consider requiring, through your planned residential development (PRD) or comparable regula- Lions, new projects to include viable apart- meritsites. [Editor's Note: For it pi uner on fetal issues involving I'RDs & PUDs, see Issue #15 of the PCJ1. This provides the opportu- nity to create some positive examples of how multi -family can mesh with nearby single -fatuity housing —while avoiding later NLMBY battles. 2. Evaluate your zoning standards. Review your zoning standards to see what is required for multi -family projects. How strong are the landscaping requirements? Flow liberal are the height and setbacks stan- dards adjacent to lower density development? Many cities' zoning standards for multi- family housing do little to buffer a project's visuat impact on adjacent uses. The face that multi -family developments show to lienhy single family properties and to the street can impact peoples perception of the quality of a project. For example, placing a two-story apamment just li feet from the rear of a single-family home's back yard gives the impression of an invasion of priva- cy. Yet the same distance might be appopri- ate if the adjoining use were commercial. How apartments are "massed" and where open space is located (not simply how much open space is required) are also important in terms of perceived density yet these faCLOrs are frequently not addressed by local zoning standards. 3. Analyze your community's property tax policies. Property tax policies and pro- cedures vary widely from community to community, and are seldom well under- stood. Yet these policies can have a profound impact on land use and develop- ment To give one example, some commu- nities tax vacant property based on its current use or orunnap sale price, and not on its potential use or value. When taxes On vacant land are very low, there is less incen- tive to release the land for development. People are willing to hold out for the big `land killing" that they hope will come some day. In the meanLime, a site appropri- ate for a needed multi -family development may sit vacant. P L A N N I N G COMMISSIONERS JOU RNAL / N U MBE R 068 23 / S U M M E R 19 9 6 0. V ■. 4. Assess your code enforcement pro- gram. How strong is your code enforce- ment program for apartments? Three noise complaints concerning a commercial estab- lishment would likely result in an aggres- sive enforcement response. Would the same be true for three complaints about three separate units in an apartment complex? If an inspector is responding to a complaint about an apartment building's overgrown yard, will he overlook an old unlicensed car sitting nearby just because no complaint about it has been filed? The only way y'ou Will get answers to these questions is to talk to your code enforcers_ Ensuring strong code enforcement for multi -family housing is one important way Lo reduce fears of multi -family housing_ 5. Do a community policing checkup. Does your police deparmuent provide gain- ing for and periodically meet with apart- ment managers? Good management is often the key to the quallr% of nmlti-family pro- jects. Even the best designed project, if badly managed, can become a problem. III many communities police will train apart- ment managers on how to improve security and keep them informed of C ime issues in the area. Managers, in turn, become another set of eyes and ears for the police. Do your police Larger `problem' com- plexes and work cooperatively with code enforcement? In some communities police departments work closely with code enforcement, with the police providing information on building code violations and junk cars. 6. Do a multi -family zoning review. While communities should be doing more to encourage multi -family housing in growth areas (see point I), sometimes mult-family zoning is too widespread in other parts of the community, especially in snuggling neighborhoods. Pull out the zoning maps and see where your multi -family districts are located. More than likely you will find that much of your inulti-family zoning is in those places struggling to maintain neighborhood stabil- ity. Whole neighborhoods, half built as detached housing, yet zoned multi -family. This is your worst enemy. Her you have detached neighborhoods coping with hous- es converted into quads (or higher) run by absentee landlords. Here cheap eight-ptexes can often be constructed under the existing zoning on vacant lots — lots which were hought cheap because inappropriate zoning has depressed land values. Neighborhoods struggling in such con- ditions need a hand One strategy is to try to convert at least some areas zoned multi- family into single-family districts. Commu- nities can ask residents and property owners to consider the benefits of such rezoning_ Frequently, property owners will recognize that single-family zoning may bring greater stabiliqto the neighborhood — and, in the long run, increase their prop- erty's value. While diliiculL, a community can sock to rezone in a "voluntarily' man- ner by trying Lo aggregate a number of properties whose owners agree to the rezoning. The size of the rezoned area needs to be sufficiently large Lo have an impact on neighborhood stabilization. SUMMING UP: By being able Lo showcase positive examples Of nrtht-family housing, while taking steps no address current problems, peoples' fears of multi -family housing will dissipate — and a closer mix of single and multi -family housing become more likely Ray Quay is Assistant Diwaor of Planning for Phoenie, Arizona, and previously served in the scum( capodis,for the cih1 ofAr Inigton, Zexac Quay is the co-author (n�ith Bruce McClendon) of Mastering Change: Winning Strategics fnr Effcctivc City Planning (APA Planners Press 1988), and has pu- pated several elides for Ilse PCJ, including "Cus- tomer Sengcc Ib4mtlt Is & ikgly it's Important" in Issue #1, and "Tciecornar ing: PosstM, Futures for Urban E--Idi rat Cantntunlflr�,"in issue #72. The PCJ On -Line: An Update "Shaping Our Communities The Impacts of Information Technology." This resource guide —now available at our Web siteexplores different aspects of how "info -tech" is starting to affect our cities, towns, and rural areas. Yahoo! — the world's leading Web I eview and directory service recently selected the resource guide as a "site of the week," noting that it contains "an nnpres- sive index of web resources that deal with the influence of telecommunications and information technology on our lives. Using a table of contents and interesting sum- maries, the Iguidel points to a diverse col- lection of online documents: from the history of Gutenberg's printing press to an introduction to ISDN, from I low ard Rheingold on Virtual Communities to a look at electronic commerce If )on re not already on-line, make this the excuse to "test the waters." You can access the guide from our Web site at http✓/w .webeom.com/pci/welcome.html "On -Line Planning Encyclopedia" Want a quiet: way to find explanations of planning terms like ISTEA, perfor- mance zoning, accessory units, impact fees, I DRs, capital programs, inclusionary zoning, and urhan growth boundaries? If so, our On -Line Planning EnryclopMi s ("OPE) — available at our Weh site next January —should interest you. OPE will include extensive hyper - links" between related entries_ Photos, Charts, and other illustrations will also he included. And you 11 he able to do keyword searches. The nature of the Web will also allow OPE to expand in content over time We are seeking business and organiza- tional sponsors so that OPE can be prov d- cd as a free resource- OPF will also be a collaborative process — and we are look- ing for planners, architects, lawyers, and others with relevant expertise to volunteer to contribute entries. Please contact us, or visit our Web site, for more details. P L A N N L N G C O M M r 5 5 1 O N E R S J O U R N A L / N U M B E R 2 3 / S U M M E R 1 9 9 6 WHERE HOUSING GOES Community Land Trusts: An Introduction hey develop affordable hous- ng, commercial space, and parks while promoting homeownership, historic preservation, local control, and neighborhood revitalization. They are cur- rently operating in 31 states and the Dis- trict of Colombia. T heir numbers in the U.S. have grown from fewer than 30 lust 8 years ago to 84 today, with another 23 tinder development. They arc community land trusts and if there is not one already in Or near your community, it's probably just a maucr of time before there will be. Just what are land trusts and what has fueled their proliferation? What have they done for the communities they serve? More importantly, can they help your community? There arc essentially two types of land trusts: conservation trusts, which acquire and protect open space and agricultural land, and community land trusts (CCfa), by Tom Pciefson which tend to focus more on housing and community development. This article will introduce you to Cl Ts. The modern community land trust model was developed in the 1960s by community activists who conceived a democratically controlled institution that would hold land for the common good and make it available to individuals through long-term land leases. The roots of the CLT approach lie in sources as diverse as: the religious and ethical princi- ple that there is both an inclk dual and a community interest in land, India's "Cram- dan" system where villages act as trustees of land made available for individual use, and European and North American "land bank" programs in which public agencies hold and then sell or lease land, often to help preserve family fanning or encourage economic development. THE FUNCTIONS OF A COMMUNITY LAND TRUST Community land �aOIIb��� trusts typically acquire Become a and hold lend but sell off any residential of coin- 0 m'rcial buildings which Romeomare on the land In this way, the cost of land in HOMEOWNERSHIP The Burlington Community the housing equation is 1 Land Tru5CS01dNO�hEnd minimizedorcliminat- PROORAM HomeownershiPProgram ed, thus making the may help you become a HOMEOWNERI housing more aflord- II biz, So0 oft a home of your choice able. The land leases, in Burhngtons old North En in addition Lo being 4 Downpaymentassistance t 6.05% long-Lerm(typicah\' ,atow mortgage rate starting a and 7.55, APR' ninety-nine years) • 7.55% APR assumes 6.05°� YW 1; 65S9b year 2; 430 and renewable, are 7 051 year 3 and 755Y1y ens must meebneome guidelines and a150 assignable CO the Q,g,f,ed buy future homehuyea. share the, appreciation with hills Of the information. ilease- � 6244 (7DD) for more holder. Most, if not n vbf a g6all, CLfs have in nf place "limited equi- ty" policies and formulas that restrict the resale pace of the housing in order to maintain its long-term affordability These features of the commu- nity land trust model provide homeowner- ship opportunities to people who might otherwise be fell out of the market. Higher rates of homeownership help stabilize and strengthen communities. Establishment of community land ousts began to take off in the early 1980s. The number of active CLTs in the U.S- has more than tripled since 1987, as commu- nities have come to see the versatility and value of CLls. 0 Thiicl-Seiloi Housigq TO most cases, community land trusts have been loaned as a grass -roots response to specific local needs. As a result, there is considerable diversity in the roles that Ci Ts play. Many rural CEIs have been established to ensure access to land and housing lot low-income people and to preserve family farms. Urban Cl-Ts often deal with combating the negative effects of speculation and gentrification. Most com- munity land trusts focus on increasing homeownership, which sometimes includes educating potential homebuyers on establishing credit, applying for a mort- gage and maintaining a home. A number of Cl-Ts have also acted as developers of special needs housing or group homes, rental housing, and even commercial space for lower income entrepreneurs. From a plannei's perspective, it is important not to confuse communig' land trusts with real estate trusts. Real estate trusts are private entities formed to hold property for the good of specific beneficia- ries. They are generally closed arrange- ments with no public input. In contrast, Cl-Ts are democratically -cone olled, non- profit corporations with an open member- ship and an elected board of trustees. While members have a say in the policies and activities of the CLT, there is no per- sonal ownership of any portion of any assets which the CLT may own or control. PLANNING COMMISSIONERS JOURNAL / NUMBER 23 / SUMMER 1 996 Community land trusts are, by design, a way to link the individual members of a community with that community's resources and challenges- COMMUNin, LAND TRUSTS & LOCAU PLANNING What is the relationship between a community land nest and the local plan- ning body? In situations where the com- munity land trust is serving a developnnenL role, the CLT will often appear before the planning body as an applicant. 1n fact, the more active and sophisticated CLrs arc some of the more frequent (and expellenced) applicants to come before local commissions and boards. CLIs often take on the thornier pro- jects which for -profit developers usually avoid- As a result. CLT projects are likely to involve some of the more controversial applications to come before the local board. 1.rlhc Sarah Cafr Iinusr Proposals to develop shelters, SROS, or other y'pes of housing for low-income people often elicit NIMBY reactions. CLIs, as community -based organizations, usually do extensive outreach and educa- tion to build support and understanding of their project. If opponents are inclined to pack a hearing to protest a project, CiTs are just as likely Lo balance the scales by soliciting testimony in support of a project. Most commissioners, regardless of their political leanings, would prefer to hear balanced testimony, especially on controversial projects. In municipalities whose comprehen- sive plans seek to encourage a hroader range of housing options, community Iand trusts can play a valuable role in helping to implement plan policies. Some cities and towns, for example, are pursuing "inclusionary zoning' as a way to make sure that new development continued on page 12 The Sarah Cole House The Sarah Cole House is locat- ed in Burlington, Vermont's "Hill' section. This part of the city includes many large nineteenth centmy homes built by lumber barons and merchants for their families when Burlington was a bustling port city nu Lake Champlain. Over the last two decades, the Hill sec- tion has changed dramatically One after the other, these great old homes have been con - %cried to college offices, dorms, fraternity houses, apartments, and rooming houses. These changes have brought predictable problems of noise, traffic, lack of parking, and deferred maintenance. The City of Burlington's Community and Economic Development Office encouraged the Burlington Community land Bust (BOLT) to take the lead in developing and managing a single -room occupancy project that would scrvc homeless low income single women (Or women at risk of losing their housing) — a pressing social need in the community The BUT located a large house in the Hill section that was suacd for this Use —a house that already had it historyas an ommer-occupied moaning house. When the new use was first proposed, neighbors saw it as just another assault on the character of their neighborhood. "There was a general trend which concerned us, of single-family homes being converted to multi -family and institutional use," said longtime resident Todd I-odavood. Lock- wood and his fellow homeowners mobilized Ln express their concerns to the local zoning board. Who would be living there? Where would Lhey park? Would there be house rules? How would the building be main- tained? If the neighbors had complaints, who would address them? I he BCI T listened to these concerns and responded with an appropriate site plan, stalling plan, and house rules. The opposi- tion was dropped by all but one neighbor, and the project was given zoning approval, Despite having had resident owners, the building had fallen into serious disrepair. After receiving its zoning permit, the BCLT began a comprehensive rehab of the building and its grounds. When asked to compare the building's appearance now to its previous condition, Lockwood acknowledges that "Its clearly a nicer thing for the neighborhood. Its better maintained Community land trusts like to pride themselves not only on getting needed hous- ing projects developed, but on being respon- sive to icsidents' concerns. While this can be difficult when siting a group home or shelter, listening to reasonable concerns of neigh- bors, and raking the Lime and effort to address them, is vital to a projects success. Third -Sector Housing by John Einntcus Davis In many areas of the country, the 1980s witnessed a wholesale retreat by for -profit developers and investors away from the pro- duction of affordable housing, particularly rental housing. Several factors lay behind this shift. For -profit developers were drawn into the more lucrative business of produo- ing luxury housing for upper -income buyers in speculative markets where real estate val- ues were soaring. Public controls over the use and development of land frequently excluded affordable, multiunit projects Irom suburban communities. _. The most significant factor in spurring the retreat of private investors, however, was the Tax Reform Act of 1986. The changes wrought by this act were devastating to Bin esunent in low-income housing_ It lengthened the depreciable life of rental housing from 15 to 275 years; it raised the rate of taxation on capital gains, it increased the minimum taxes and restrictions on pas- sive losses: and it eliminated the favorable tax status of industrial development bonds, which many state and local housing finance agencies had used to provide below -market financing for rental housing. _. The disappearance of profit -oriented investors horn the affordable housing field created something of a vacuum_ If housing continued on page 12 PLANNING COMMISSIONERS JOURNAL / NUMBER 23 / SUMMER 1 9 9 6 0 7/ Third sector... continued front page 11 was still going to be constructed and rehabili- tated in lower -income neighborhoods, munici- pal officials were going to have to find new investors and new partners to fill this void. They discovered, in some cities, a nonprofit arkasuuctm e of community -based orgaulza- tions ready and willing to play, this role. -. Public -private partnerships between municipal housing agencies and nonprofit housing developers _- can serve as something of a strategic end run around ideological, financial, or political limits that can render a city all but helpless in addressing complex problems like affordable housing. _. Third sector housing (iv., nonprofit hous- ing designed to meet public and social needs) encompasses many models of privately owned, socially oriented, price -restricted housing, including several that come close to traditional owner -occupied housing. Generally known as limited equity housing or limited equity homeownership, these models have held great appeal for municipal officials who had hoped to help selected tenants become independent homeowners but who discovered that public funds were inadequate to close the widening gap between tenancy and homeownership.... Initial affordability is only one of the attrib- utes of the housing being produced by these community -based nonprofits- A more distinc- tive (and significant) feature is the continuing affordability of much of it. . It is the perpetu- ation of affordability, more than its initial cre- ation, that makes the housing produced by nonprofit developers fundamentally different from the housing produced by their for -profit counterparts_ ... A contractual limit is placed on the future price at which the property's units may be rented or resold, preserving their affordability for a targeted class of low-income or moderate -income residents [generally an appreciation formula is used which adjusts the initial purchase price for inflation, and includes the value of any improvements made to the property].._ By design and intent, the housing is to remain affordable far into the future. Excerptcdrvith the author's permissionJium `Toward a Third Sector Housing Policy,"by John Emmeus Davis in The Affordable City (Temple University Press, 1994). John Davis has authored and edited several books on housing and, until recently, lreaded the City of Btolington, Verrnotas Housing Division. Community Land Trusts... coniinuccl Irons page 11 includes an affordability component - Lnclusionary zoning ordinances often require developers Lo provide a certain percentage of affordable units in their projects. Community land trusts, through their skills and resources, can help for -profit developers meet such affordability requirements. The role of the community land trust as a vehicle for helping a municipality implement its housing and community development policies could account for the dramatic increase in the number of CLTs in the past decade. In many com- munities, the nonprofit infrastructure (including Cl-Ts) has grown in impor- tance. Community land trusts, though often allied with City Hall, operate out- side and independent of municipal gov- ernment. One benefit of this is that CI_Ts are insulated, to a large degree, from the shifting winds of local politics. Another appeal of community land trusts from a planning perspective is the fact that CLTs often tackle the most diffi- cult projects in the most distressed neighborhoods. Commumy� land trusts, having it combination of skills in neigh- borhood organizing, community devel- opment, and financing packaging, are well -suited to tackle such projects. With the land trust philosophy of long-term stewardship and affordability, neighbor- hood stabilization is a more likely result. It is also important to note that prop- erties developed by land trusts pay local property taxes. While appreciation in land value is typically limited through the terms of the CLTs long-term lease, this is comparable to the impact that other types of restrictive covenants or easements may have on land values. vloremer, by creating new housing and stabilizing neighborhoods, land trusts work to strengthen the local economy and tax base. The more active and sophisticated Cl Ts have become very good at patching together diverse and creative financing packages for their projects. It is not at all uncommon for one project to have five or more sources of funding that may include commercial mortgages and con- struction loans, HUD loans and grants, state housing finance agency dollars, pri- vate foundation loans and grants, tax credit dollars, and even pension fund investments. While establishing and maintaining this network of funding sources can impose a significant administrative bur- den for the CLI, it also keeps the organi- zation from putting all its financial eggs in one basket, keeping it lean and Hexi- ble. Having multiple funding sources also means that a wide varier)' of stan- dards and regulations must be met to sat- isfy each source. CLf projects must typically meet strict requirements for housing quality, energy efficiency, his- toric preservation, handicapped accessi- bility, lead, asbestos, and other environmental mitigation, and levels of affordability. The entire community, ben- efits from this thorough approach to development. SUMMING UP: The modern community land trust movement is still young. Some CLTs have yet to develop their first unit of housing. Others have limited missions or small service areas. Even the oldest CLfs have each developed housing that num- bers in the hundreds of units not in the thousands. But through increased acceptance and sophistication, commu- nity land trusts are establishing them- selves as valued and vital players in the long-term health of their communities. For planners, Ms can become it valu- able resource in implementing the com- munity's long-range planning policies. l orn Peterson wor;is for the Burlington Community Land li ust, and has writ- "I rcn an vinous aspecLsof T housing rehabtluationif s .: Jau have any qucsuons — Ierl free to contact Peterson at 802-862-5217. An excellent source of thor- maLton an CI Ts is the lnshattefor Community Eco- nomics, 57 School Street, Sfn tugfiefd, MA 01105-1331, 413-746-8660. P L A N N I N G C0MNIISS1 0N E R S JOU R N A L / NUM B L R 23 / SUM M ER 1996 WHERE HOUSING GOES Single -Family -Only Zones hen New York City adopted America's first comprehensive zoning code in 1910, it created only three farad-usc categories- residence, business, and industry. While areas desid nared for residence were protected from the intrusion of new commercial or industriat uses, all forms of residence were permitted — including boarding houses, multiple - dwellings, and tenements. The zoning code emphasized two kinds of protection forresidences: first, protection from the impacts of commercial and indus- trial traffic, odors, smoke, deliveries, and garbage; and second, protection from the severe financial loss that could result from incompatible commercial or industrial uses destroying the residential utility of a site. In the 1920s a number of municipalities expanded on New York's single `residence" district by creating districts limited to development for single -family -detached homes only. The courts upheld these ordi- nances based on: (1) it public safety ratio- nate (i.e., the risk of fire would be reduced because there would be fewer buildings, located farther apart, housing fewer families per acre), and (2) the premise that single- family -detached residence districts would induce good citizenship through the encouragement of home ownership. The public safety rationale was consti- tutionally sound as it was founded on phys- eel conditions capable of being proven to bear a direct relationship to public health and safety — preventing the extreme con- gestion commonly associated with the prac- tices of apartment and tenement house construction of that era. However, the second premise, that sin- gle-family districts would foster good citi- zenship by encouraging home ownership, was based on a faulty presumption. it pre- sumed that single family -detached homes would be owner occupied. But this was not a requirement of single -family -only zoning districts. Moreover, as time would prove, the courts would not look favorably on by Lawence C. Sochens, AICP attempts by municipalities to specify condi- tions of occupancy (rental, ownership, lease, etc.) in their zoning codes. Even more significantly, the presump- tion that single -family -only districts would be solely occupied by home owners has not been borne out. In metropolitan areas throughout the country, block -by -block surveys indicate large numbers Of single- family detached units which are renter, not owner, occupied. indeed, in many commu- nities entire neighborhoods of new single- family -detached units have been built and marketed as rental units. Loolang back, we need to recatt that in the early years of this century the single- famity-deLached house was, in most parts of the country, virtually the only type of dwelling unit available tot individuat pur- chase. Given this, fostering single-famil) only districts might well have been a rational response to promotion of home ownership at that time. Today, in contrast, the condominium row house (or town- house) often represents the principal home ownership option, particularly for young couples, single parents, and other single - wage -earner families. Ironically, the same arguments made decades ago in favor of public laws promot- ing single -family -only districts to encourage home ownership could well be marshaled today in favor of promoting townhouse - density attached -unit zoning! (recognizing that it would be as illegal to zone for condo- minium ownership of units of this type as to require owner occupancy in single-fami- ly detached areas). ff communities, nevertheless, continue to value single -family -detached zoning as an encouragement for home ownership, efforts must at least be undertaken to make these areas available to far more citizens. This can be done in several ways, including: reducing lot and floor area requirements; increasing single-family residential densi- ties; and making single-family detached homes an allowable use in all areas, not just in low -density residential districts. To illustrate the last point, an R-10 zone (allowing 10 units/acre) might well permit and encourage single-family detached homes as well as townhouses and apart- ments. Studies done as early as the 1940s Indicate no significant negative public Impacts, or piivate health or safety hazards, from single -family -detached residential con- struction at densities as high as 12 to 16 units per acre, provided that the lands car- rying capacity and public infrastructure arc adequate. Because many communities' single-h mt- 1}residence districts are zoned for quite low den SILICS, affordable home ownership options are often severely restrected. Para- doxically, most multi -family residence dis- tricts are zoned for too many units, resulting in overcrowding and perimeter environmen- tal conflicts. A site zoned for a maximum of 20 units/acre will usually be developed at the highest allowable density because the sate price of the land reflects the maximum legal profit one can make from development. What many of our communities seem to have in short supply is zoning densities 'in the middle.' For example, residential zoning in the range of 6 to S units/acre without dis- tinction as to building type would allow for a wider range of housing options than occurs in today's very low density single- family -only zones. At the same time, it could lead to lower land prices and less crowded development than occurs at typical 20 units/acre multi -family densities. Larry Gcrcherrs, a popular spcalaer on American plan- ^� nog history' at IoCaf, staff and nationaf conic Wtices, is ..-.... �..,, national historian for the are Ammican Insnaite of Cerd- � JIM 1 fanner, an in?, Wes r V r� profcssor at Ohio Stale rusity, and Prcndent o(On- Call Faahy, ]tie. He teaches courses on planning and arban development history at the University o(Midv- gan, Kansas State Universty, and Gonchcr Collegc, Batilmore. PLANNING COMMISSION LRs JOURNAL_ / N U MULR 23 073 S U M ME R 1 9 9 b WHERE HOUSING GOES Designing Multi -Family Housing for Residential Neighborhoods espite the challenges to the housing market presented by profound social and economic change, there are surprisingly few alterna fives to the single family house, especially in single-family residential neighborhoodk Most so-called "multi -family housing' responds to purely quantitative criteria packing the largest possible number of units on a given piece of land. When chil- dren are forced to play on walkways, in stairwells, in parking lots, or on lefto%et Spaces scattered randomly about the site, the result is a living environment that doesn't work well for anyone. Multi -family housing can create suc- cessful small neighborhoods within the community, if carefully designed. As archi- tects, we've tried to employ built forms that foster residential pri- vacy, as well as a strong sense of personal and family identity, while fitting in with the sur- rounding neighborhood. SUNRISE PLACE AND DAYBREAK GROVE Sunrise Place and Daybreak Grove are two housing develop- ments we designed for low- income families in Escondido, California. Escondido is a rapid- ly urbanizing agricultural com- munity, with a large Latino immigrant population, north- east of San Diego. The eight - and thirteen -unit projects were commissioned by the North County Housing foundation, a community -based non-profit developer, and financed with a combination of loans and grants from the public and private sec- tors. Although Sunrise Place and Daybreak Grove have been de- signed for low-income families, by Rene Davids and Christine Killory 1n',ll Cr11tiN flLIL GOLvaCS"(ino Ll` Lf IM11E D Ir.OM 2[D)IUE lo�`ys]f.V>' E�f 7�iille 1�1�Il�GJfY�O�I-°�2� - `(0C 0)1D7 (A li f% 1l, 1)j'W4A0' C<j 0 tf'n2' II; -OWL'S they have much to offer as models of good housing and efficient use of urban land for any group. Both Sunrise Place and Daybreak Grove arc located in desirable residential neighborhoods, with schools, parks, tran- sit networks, and shopping close by. The design of both projects has been strongly influenced by the urban structure of tradi- tional Latin American cities — and some cities in the Southwestern United States — where urban plazas are the focus of com- munity life. While large plazas are no longer feasible as grand civic gestures in Southern California, scaled -down versions — placi(a, or plazuelas — can be adapted to a variety of urban contexts. The projects are also inspired by the traditional California bungalow court, where a space enveloped by buildings is the primary organizing element. Since the early years of this century, these inexpen- sive living environments have fostered res- idential privacy and a strong sense of personal and family identity for generations of i m mi- grants. In small developments, such as Sunrise Place and Daybreak Grove, using one or two unit plan types can be a significant factor in achieving economies of scale and keeping costs down — a particularly important fac- tor when building affordahte housing. The courtyard configuration offers a direct relationship of exterior open spaces to the dwelhng unit, an ideal living environment for lamilies with children, and a desirable alter- native to the stacked flats char- acteristic of most affordable housing developments. In effect, the courtyard creates a neighborhood within a neigh- borhood. At Daybreak Grove, a sequence of sidewalk, front yard, and front porch continues PLAN N ING COMMISSION F R S J O U RNAT / NUMBER 23 / SUMMER 1 9 9 b 0 � � existing street rhythms and integrates with the surrounding neighborhood. Each unit has its own private entrance from the street. A one-way driveway and parking at the back keeps cars well away from play areas. In both projects, the central courtyard establishes an intermediate zone between the neighborhood and the intimacy of the home. The orientation of each kitchen to the courtyard acknowledges its promi- nence as the focus of family life and pro- vides parents with the opporunity to keep an eve on their children. Residents can also easily look out for their neighbors. While the units are compact (80O to 900 square feet), they are complemented by a rich variety of outdoor spaces, private and public a front yard and porch, a back yard and porch, and a private patio. Each unit is configured around a small internal patio which ensures natural light and cross ventilation in every room. Isomco is drawing of Daybe,ah Ghovc. The structure in 6he fang, oend is a conibi nate'n ' ampitheater"/ laundry facility „hich serves as a spot whele rxsidenls <onbn egaie. IL aF.C' 1 .—, Sc�' r Central couriYnd of Daybreak Grove project. Neighborhood opposition to multi- family projects tends to increase as pro - jeers grow larger in size. Developments of fifteen units or less usually don't evoke strong NIMBY-like responses, as they don't overwhelm their surroundings. Courtyard housing is a particularly suitable type for a variety of urban and suburban situations. As a compact building type, housing courts fit easily onto small infill lots unsuitable for other uses, allowing urban and suburban residential areas to be `densified" without altering the essential fabuc. Renc David, and Ov elinc Killory mr pmtners in the architectural Jnm of Davids hillor%, Both Daybreak Grove and Sam hse Plate have ivnriwdNational Honor A„ands fhom the Amuiean lnuhnne of Architeuti, as ,sell cn other dh sign awards. For nhor c d tailed injor- mahon about the hroyo,, Banta I e it o Dm ids h h Kil- lor, at. 510-843 7350, or t rue to. Davids KII1ory 3001 Derby St Suhte O, Berkel[3, (,A 94703_ PLANNING COM M ISSIONERSJOURNAL / NUMBER 23 / SUMMER 1 9 9 6 WHERE HOUSING GOES A Mix of Housing y earliest memories involve the play of multi -family housing in primarily single-family neigh- borhoods in Washington, D.C. In fact, my father, a planner, was e, i nen up by a local newspaper for moving from suburban Wheaton, Maryland, into the District, which in 1957 was without a doubt counter -trendy. We moved Lo a nice little Tudor bungalow Lwo doors away from busy Wisconsin Avenue. The first door away was it ten -story apartment Lower, and 1 used to wonder whether it had irked my father to have so many people looking down on our house and yard. The principal of my elementary school lived there, for example. I was not old enough to mind, buL for my dad it must have been comforting to know that Mrs. Pickett and a legion of old battle axes were keeping a watchful eye on my brother and T. We moved from there to a house (semi- detached, actually) a couple of miles away, four doors up from Connecticut Avenue On Rodman Street. Connecticut is lined with old apartment buildings which, by the time I was into my teens, were filling up with younger working folk who parked their cars up Rodman. Other people drove in daily from the'burbs, parked, and walked to Connecticut to catch the bus down to the Federal Triangle. For a teenager sitting on the front porch, waiting for dinnertime, it was paradise to watch them (mostly, it seemed, young ladies) return to their cars or apartments. Today, in Providence. I live in multi- family housing — an old FederabItalianate building that sits on Benefit Street. In Prov- idence, few neighborhoods are without their quotient of multi -family housing. Most of the housing in this city is old. There are few areas without triple -deckers, town- houses, or apartment buildings already in existence. The lots are small, and houses are Close together. There are 26 districts listed on the National Register of Historic Places. by David Br assat More so here than in most places, to inte- grate multi -family housing into single-fami- ly neighborhoods means mainly to design structures that fit into their historic context. CJ/S5 17 Tf(OD� �ti C �JFD%.R VA1111h IIIF rPAV IM HI V1 lb ARMY, EIDDj Ihofw 16,{,11mf m-mv lf(0} iijum - mo) 1�oti-r Itr ninucLt0mxill`rvc, _ IQ Q ;v I (0,':� ((% R InILQ1LU1A�51_N' z71�,1� \"UU�7a In my opinion, it would be much more difficult to integrate multi -family housing into a neighborhood of, say, split-levels on large lots. The houses in such develop- ments, if they could speak, would sa)', "Leave us alone in our splendid isolation" and their owners would probably agree. A sneak attack of duplexes, or houses with granny apartments above the garage, may be the most easily achieved integration of multi -family housing. Don'L even bother trying to locate a high-rise apartment complex there. The neighborhood probably sends its kids off to school by bus, residents of the high-rise will not be viewed as keeping a watchful eye, but rather, these days, a prying eye. As for the design that might ease a high-rise resi- dence graciously into such a neighborhood, I do not believe it exists. Here in Rhode Island, such develop- ments are somewhat rarer than in most parts of the country. Tracts have spread somewhat between towns, but the areas within historic town boundaries remain very traditional and close-knit. The need to protect and maintain the fabric of the vil- lage has achieved greater recognition in recent years. Town planners in North Kingstown, for example, have a compre- hensive plan that recognizes the need for sensitivity in the integration of housing — single-family and mulLi4tunily, owned and rental, market -rate and affordable. Here are passages from that plan: "The affordable housing in a Traditional Neighborhood is designed to look like mar- keL-rate housing, using similar exterior materials, windows and building forms. Affordable housing is not segregated, and ncN er clustered in large numbers. A good ratio for raising of affordable housing into Traditional Neighborhoods is one afford- able unit to ten market -rate units." "Affordable housing can be provided above retail, service and office estahlish- ments.... " "Garage apartments, couages or acces- sory apartments can be made available in backyards or within a single-family dwelling. These rental units of limited size provide extremely affordable housing inter- spersed with market rate housing" Thus, In North Kingstown, the tack taken by planners has been either to trans- form single-family houses into multi -family ones or to shoehorn families into tradition- al commercial establishments. This is entirely sensible, it seems to me. And much preferable to apartment complexes — espe- cially if multi -family means, in fact, not just affordable but government -subsidized housing. Allow me to conclude with an observa- tion. A neighborhood that works is one with a sense of place and a sense of com- munity which are centered in good design and good values. We are discovering that residential isolation bodes poorly for both. David Bn,ssar writes about aidua Aare and urban plan- mng Jor the Proodencc Jou r- Pal, Rhode Island's major daily newspaper— and is a member of the joarnals edi- torial board- Most of ins t - wechly columns address issues of design and develop- � - rnent in Rhode island's capital city, wheie he lives. PLAN Nits G COM M I SSION E R S IOU RNAL / NU MBBR 23 / SUM M ER 1996 LOOKING AROUND Historic Districts and Property Values oes historic district zoning negatively impact property values? This was the question that the Denver, Colorado City Council sought to answer in 1988 when it designated the Lower Downtovtm Historic District. More Lhan 75 percent of the areas prop- erty owners initially opposed the historic district_ They feared a loss of property rights and a further erosion of property values. Today, the opponents are believers In the value of historic district zoning. Before designation, the once thriving commercial area on the edge of downtown had a vacancy rate of 40 percent — and 30 percent of the properties had been fore- closed Blighted conditions triggered pre- dp[Lous decreases in property values. By the summer of 1995, however, vacancy rates in Lower Downtown had dropped Lo less than 10 percent. The last foreclosed property was sold to a private developer in 1993- The area is now home to 55 restaurants and clubs, 30 an galleries, and 650 new residential units. Property val- ues have doubled and private investment not including Coots Field the new home of the Colorado Rockies baseball team has exceeded $75 million. So how did historic district zoning con- tribute to Lower Downtown's success? The answer is simple: scarcity and certainty cre- are value. Small businesses and investors were lured into the area by its charm and historic character— and by the knowledge that it would remain that way. In other words, historic district zoning gave investors assurance that their investment in rehabilitated, turn -of -the -century buildings would not be undermined by billboards, parking lots, or other insensitive develop- ments on nearby properties. The city's $2 million invesLment in stmetscape improve- ments also reinforced private investment in Lower Downtown. Historic disuicL zoning is frequently controversial, but it almosL always has a beneficial effect on property values, com- by Ed McMahon mercial revitalization, business investment, and increased tourism. This was the finding of it wide ranging 1995 study by the Preser- vation Alliance of Virginia. According to David J. Brown, Executive Director of the Alliance, `Historic preservation is economic growth and the reality is that preservation means dollars in the pockets of Virginians." The Virginia study addressed four aspects of preservations economic impact tourism, joh creation, property values, and downtown revitalization. On tourism, the study found that historic presci%ation visi- tors are a major portion of the state's $9 bil- lion a year tourism industry. Seven out of Len first time visitors come to the state to visit historic sites, museums, and battle- fields. The study also found LhaL history minded visitors stay longer and spend more: two -and -a -half times more than the amount spent by other visitors. The second issue the study looked at was job creation that resulted from the reha- bilitation of some 900 historic buildings in Virginia pursuant to the federal Historic Rehabilitation Tax Credit. This program cre- ated over 6,600 in the construction trades and over 6,000 in spin off areas. Construe - Lion related historic preservation activity yielded a total of 5270 million in household income in Virginia. The study also examined the impact of Virginia's Main Street Program. Since its inception in 1985. the 20 small communi- ties in the Main Street Program whose goal is downtown revitalization within the context of historic preservation —have net- ted more than I j 00 new businesses, spurred the rehabilitation of 1,622 historic buildings and resulted in a neL gain of 2,170 new jobs. As for property values, the study found that property values appreciated more in historic districts than in other areas of the cities. Ihese results were similar Lo those of a separate independent study conducted by the Government Finance Officers Associa- Lion's research center which found that property values in historic districts in GaIN e- ston, Texas and Fredericksburg, Virginia grew 1.5 to 5 times faster than comparable areas not in historic districts. The marketplace increasingly recognizes both the shorL and long term economic value of historic properties. Just compare almost any neighborhood or commercial area that has embraced historic preservation with those that have not. Historic preserva- tion and economic developmenL represent an effective partnership — as It growing number of communities and businesses have come to realize. &d McMahon La a land use plannu, aumncg toed dime - for of The Conservation Funds American Green- t!!00) mays olos?'Wa , He is fut- MO president of Scenic America, a national non- profit organisation devoted to profec(ing America's scenic landscapes Resources: The Economics of Historic Preservation, by Donovan D_ Rykema_ Available from National Trust for Historic Preservation, 1785 Massachu- setts Ave., NW, Washington, DC. 20036, (202)673-4286. Virginia's Economy and Historic Preserva- lion: The impact on jobs, Businesses, and Community. Virginia Preservation Alliance, PO- Box 1407, Staunton, VA 24402_ 540-886-4362. The Economic Benefits of PreservingCom- nomity Charauet; Case Studies: Galveston, Imes and Frederichsburg, Virginia, by the Government Finance Research Center. Available from National 'trust for Historic Preservation (at previously listed address)_ Economic Impacts of Historic District Elea, nation, Lower Downtown Denver, Col- orado- Hammer Siler George Associates, Denver, Colorado. 303-860-9996. PLANNING COMMtsatON ERS JOURNAL / NUMBER 23 / SUM MFR (,(1906 .. _ ECONOMIC DEVELOPMENT & COMMUNITIES Up With Downtown he blossoming of large nation- al discount retailers has resulted in far reaching changes in the way we buy and sell merchandise. In the process, we have changed the way our cities and small towns look and function The impact is probably easiest to see in the downtowns of small and medium sized towns. Laditional Main Street businesses struggle of quit while vacant business buildings watch the stream of cars flurry— ing to the discount stores. Some commu- nities have given up hope for the central business district, demolishing beautiful old buildings, and creating ugly gaps in the smile of the city. The loss of the downtown business district has deep implications for the qual- ity and nature of life in our communities. Downtowns are our cities and townscor- nerstones. They define who we arc as a community. Without strong, distinctive downtowns, only the words on the city limits signs evilI tell us apart. It doesn't have to be that way The sm- mul of downtown should be the concern of all residents, not just the people making a living by owning stores or working in them. Communities working together can reinvigorate downtown. Retailers can prosper in the shadow of large retailing On -Line r mment mpouant to keep In mind that doe+'mown IS not merely a eollec- non of retail shops Asuccessful downtown senses a'mued-use' function_ It is the center of government, commerce, entertainment, recreation, o�orship, etc for the community, If we want our downtowns to survive, eve must encourage as wide a range of activny downtown as possible_ This is the single biggest draw to downtown — its diversty. — Thomas C Dow, L nvirnce, Kansas. by Jack McCall giants and expanding telemarketers. How- ever, It requires a new way of looking at the world and at the customer. s, grit 8) A 0 ir - -111 c��?�1Zw�minigSS1f(C UI . II silo r;01Ellr UN/iH10o �VWIJh ,�U�c ;h,Ss ,n1 CC;CO�'n� u U,n111r1"lo D11S1f7J�C1�IVh IDY,O vv 71(O7W^�SSI, Gll lil if 1-II: WON, 5 "(OY'NI 1I'Ifllls (1r 7 II li��`IS SS I(( 'Nn.SS %xv) IL)l' TI FTL L IUD JUIYUZ1ro Recovery can begin by creating a hioad- ty based organization, including representa- tives from a variety of groups. Its first task might be to assess the current situation, in order to learn what kind of stores and ser- vices customers want in their home town. This can be done through a simple ques- tionnaire deeised by local people. Communities also need to understand why people shop at the discounters. It may be It surprise to learn that price is not always the most important consideration. Merchandise selection and availability, and customer service, will often be as impor- tant. While local merchants can't hope to compete by having more merchandise selection than the discounters, they can find the gaps in the discounters' invento- nes and exploit these opportunities_ Effec- tive competition must be based on having a very specific selection which meets the needs of customers. No one owns the customer. Customer loyalty has taken its place in the Nostalgia Hall of Fame. Sometimes the customer gets blamed for the changes taking place, and is called disloyal for shopping at the discount merchandiser. The truth is that retailers just rent customers one day aL a time. The rent they pay is in convenience, merchandise selection, matching their operation to customer needs, and real ser- vice. Customers will shop locally but get- ting them to do that requires it number A important changes. Customers should be given good rea- sons to shop with home town merchants. Some groups wage `Shop At Home" can)- paigns hoping to create enough guilt to overcome the temptation to shop at the discount store or the mall. SmNtys offer indicate that service is a very important factor. National retailers have liberal return policies and often expand the guarantees of merchandise. Local merchants talk about service, but too often customers are made to feel that it is their fault if some- thing must be returned, or they must wait a long time to get a replacement_ the cus- tomer must be right one hundred percent of the time. Downtown merchants should also expand or shift their howl of service. Staying open past 5 p.m., and on week- ends, is important in an era of two wag_e- earner families. Also, start looking at the discount store as a friend. We can't make them go away, and there is probably little we can do to affect the way they do business. But dis- count stores bring a precious gift to our towns — customers. I-ook at that as It resource. Don't lorgei to celebrate downtown. Work to create lestivals and cetchrations located in the downtown area. Bring peo- ple downtown to hear the message that it is alive and well. This will also give mer- chants it chance to show off their goods and services. Many communities have been success- ful in restoring their downtowns as vital social and business centers. It is important that we not allow the valuable cultural, visual, and economic environment that our downtowns represent to fade away P L A N U 1 N G C o M M I S S 1 0 N E R S J 0 U R N A L / N U M B E R 2 3 / S U M M E R 1 9 9 6 One Big Mayo Combo 1 ike a lot of California cities, Santa Clara razed its central district during the redevelopment boom of the 1960s, replacing it with a shopping mall. Now, many regret that move and are pushing to turn back the clock by building a new com- mercial core with the look and feel of a tradi- tional downtown. -. [Cry officials] speak of a desire to create a distinct sense of place that will restore Santa Clara's geographic identity ... These days, the only trite landmarks are freeway signs, notes Planning Commissioner John McLemore. `It's all one big mayonnaise combo. City upon city, you can't tell the difference.' From an (uric in the SanJose Mernny by Tom Schmitz (May 1996). Downtown 00is People "Many downtowns still have the storefront buildings that once housed t'esI- dents above and could again, but too often this potential remains ignored. There really was a timeless logic to the historical pattern of development that produced a street -level store with residents above- -- The downtown resident is one of the most valuable and unappreciated assets cities have lost during decades of decline_ A per- manent consumer/user force to support the stores, work in the offices, ... to populate the street, to make life interesting this is what any downtown needs." From The Living City by Roberta Bounties Gratz (1989), 223. 100. MCl cCall rcllltlit" md UlmnnlO development spettni ist IIImg in Chilli- cothe, Missouri. I -It, .r Is the author of The xr 7/ i Small Town Sin �.. vial Guide help for Changing the Economic Future of four Town, 11tts is one of a series of cotwnns by ]at It Mccall on strategics for strengthening connnunity eco- nonuc development. Playing Fair by Kennedy Lateson Smith i When a new discounter or Shopping mall comes to town, local govern- ment usually pays a heavy price in one way or another. In some instances, the city may pay to build roads or extend utility lines to the development siteat a hefty price In other cases, it may finance bonds or agree to pay other financing costs. Occasionally, local government even pays developer of new commercial sites a fee to encourage them to select the community. In virtually all instances, the local government eventually ends up footing the bill for extending municipal services, such as police protection, to the new site. Ultimately, new commercial develop- ment outside the community's existing areas of commercial concenn:ation is fiscally self- defeating Cur local government unless the commercial growth is paralleled by substan- tial growth in population. The costs of extending infrastructure and services, pro- viding financing or offering outright devel- opment concessions are rarely paid back by new sales and property tax revenues. Con- serving and investing in existing resources are better fiscal policies. To that end, insist that the city or county play fairly with the downtown and existing neighborhood business districts when mak- ing decisions about new commercial devel- opment If a developer proposes a new commercial site, local government should commission an impartial analysis of the new development's economic impact on existing commercial areas over an extended period of time. And, local government should invest at least as much downtown as it will be spend- ing to accommodate the developer of new commercial properties. The funds committed to this investment might be raised through implementation of a development impact fee, tax increment financing or an outright ongoing contribution to downtown revital- ization efforts. Kenmdr Ltieson ,Smah is Dlrectot of the National Main Strut Center Her comments are reprinted with permimion from the April 1994 Issue of "Main Sneer Nees." 1 the►� w� Editorial Board Do you have an e-mail account? If you do, that all you used to join the more than 100 citizen and professional planners already participating on our informal, on-line editorial review board. I-Ime's how it works. You select up to four topic categories (e.g-, planning law, economic development; planning process) that you'd be most interested in reviewing articles for When an article is submitted to us, we e-mail a copy to you if it deals with a topic you've signed up for If you have some com- ment, questioq or suggestion about the article, you simply c-marl it to us_ We're not asking you to check for grammar — but rather, to focus on Substance. If you don't have anything you want to say, no problem. Over the course of the year, you'll likely receive anywhere from 6 to 18 articles, depending on the topics you've selected and the articles we receive You can leave the restiew board at any time. You don't have to be a "planning guru" to participate — in [act, the feed- back we vc received from citizen plan- ners has been especially helpful_ We also plan on continuing to print in the PCJ excerpts from some of the com- ments we receive — but only with the comnaentor's OK. As an added feature, you'll also be able to e-mail your comments (but only if you choose) directly to the On-line Planners `Canons,' a Web bulletin board, where they'll 1-_ sited. The Cantina, modiamcd by rry Norton, is Shaping up as one of the best spots on the Web for intelligent discussion of planning issues. For more information, either e-mail us at. pq@together.net— or complete the form on the PCJ Web site at: http://w .webcom.com/pcj/guest.liturl. P h A N N 1 N G COMMISSIONERS JOURNAL / N U M B E R 2 3 / S U M M E 1-j .; 6 r p 79 WHERE HOUSING GOES Changing Ways In the Suburbs n 1962, New Jersey Supreme Court Justice Frederick Nall glimpsed a vision of today's subur- ban landscape long before almost anyone else In his dissent from an opinion which allowed suburbs to exclude mobile homes, Justice Hall argued that newer suburbs needed to provide for a vartery of choices of housing types to complement the eco- nomic activity he foresaw them attracting. Thirteen }'ears later, in 1975, Halls dis- sent became the hasis for the New Jersey Supreme Courts unanimous ruling in the now famous Mt Laurel case (Souther-n Burlington County NAACP v Mt Lc uicl, 336 A 2d 713), That case declared that growing suburbs must permit a variety of residential uses, and could not zone to exclude apart- ments or other types of affordable housing. The Mi. Laurel decision mandated that suburban zoning allow for realistic oppor- tunities for affordable housing in an amount sufficient to provide for each municipality's `fair share" of the regions need for low and moderate income hous- ing. In effect, Justice Hall was saying that newer suburbs, like older cities, have to provide for mukuple housing types for Al classes of citizens. At the same time as the courts in New Jersey and several other states were requir- ing increased suburban housing opportune - ties. another movement focusing on "de -institutionalizing" people with disabili- ties also emerged. The closing of institu- tions for the developmentally disabled and other people with disabilities was inspired by the belief that individuals with disabih- ties would function much better if they lived in community facilities. This too resulted in a challenge to the single-family suburban ideal, as group homes and other residences for people with disabilities were proposed for what had heen single-family suburban homes. The United States Supreme Court, in the 1974 case of Village of Belle Terre v by Pcicr Suchsbuurn, Esq. Boicuo (94 S.Ct. 1536), originally support- ed suburbs that wished to exclude all but traditional family groups. However, in 1995 the Supreme Court in Cily of Edmonds V. Oxford House (115 S.Ct. 1776) interpreted the federal Pair Housing Act to require a different result. The Court found that the Pair Housing Act required suburban zoning to allow non-traditional groups of people with disabilities, so long as the group func- tioned as a single housekeeping unit. These two types of attack on suburban exclusion — increased affordable housing and the allowance of group homes — have helped force a democratization of suburban life, particularly in the newer suburbs, sometimes called edge cities, where much of the nation's residential and economic growth is taking place. The benefits of these changes have far outweighed any deuriments. 'the courts have limited the ability of suburban munic- ipalities to act as quasi -independent har- onies and ignore broader social and economic needs. The courts have taken suburbs seriously as centers of activity In the United States and have held that since suburbs are such economic powerhouses, they tnust play a part in dealing with the needs of their region. They can no longer simply skim off the best tax ratable and commercial users and the highest income single -families while ignoring other seg- ments of the population. Yes, some suburban officials have com- plained that court rulings have reduced then- communities' autonomy. However, to date, there has been little evidence that either group homes or affordable housing have had a significant negative effect or property values or have worsened suburbar sprawl. Decisions like Mi. Laurel have sim- ply required some modicum of allordahk housing in many communities whicf already have substantial amounts of upper income residential housing and high-enc commercial development. In sum, court rulings have underscores the fact that sound land use planning should not only preserve the environmen and provide open space, but also allow to. affordable housing and housing opportune ties for people with special needs. Peter Budhsbnurn i. a parmc is the Woodbridge, Ncr Jcrseq faw Erin of (,ocenbaum, Rowe, Smith, Ravin Davis and H6n'l. He has been im,okcd in land ua and a ffordablc housi ag lmv f nr over- hventp years. In Coming Issues of the P L A N N I N G COMM ISS IONERS =o M DE • Orienting the new commissioner s How commissions work: Insights from senior planning commissioners • Planning for "third places" ♦ Planning commissioners and inside information e An introduction to traffic calming techniques ® Using surveys and questionnaires And more from our regular columnists PLAN NING COM MISSIONERS JOURNAL / NUMBER 23 / SUMM L R 1 9 9 6 n: 080 - ray 78-496 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92263 - (619) 777-7000 FAX (619) 777-7101 July 29, 1997 Jan Wooley State Office of Historic Preservation Department of Parks and Recreation P. 0. Box 943896 Sacramento, CA 94296-0001 Subject: Project Number 06-96-1 1042 - Requested Change Dear Jan: The staff of the La Quinta Community Development Department has recently reviewed the Grant Contract requirements that the City of La Quinta has with your office. We request a deletion of the requirement to develop procedures with the Eastern Information Center for record searches at the Notice of Intent (NOI) stage for development projects. For the Eastern Information Center to do a record search would be a duplication of work, as well as being time consuming, because the vast majority of development projects are required to have a Phase I and II investigation report as part of the application materials submitted under our City Zoning Ordinance Development Review Procedure. The consulting archaeologist hired by the developer/applicant will, as a normal part of the Phase I study, conduct a records search at the EIC. Since staff will already have a cultural resources report in hand when a developer makes application to the City, it seems a duplication of effort to then submit the project application to the EIC for another records search. There are no funds ear -marked for the development of EIC procedures in our grant budget. Therefore, there will be no change to the allocation or accounting of funds. There will be no change in the Mellon & Associates scope of work. Please let us know at your earliest opportunity your decision regarding this request. If you have any questions regarding this letter, please contact the undersigned. NAILING ADDRESS - P.O. 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