From john.meyer at live.com Sun Aug 16 13:49:35 2020 From: john.meyer at live.com (John Meyer) Date: Sun, 16 Aug 2020 20:49:35 +0000 Subject: [OldNorth] FW: Forwarding communication from Historic Commission chair and reminder of our next meeting (Aug 27) In-Reply-To: References: , Message-ID: From: John Meyer Sent: Saturday, August 15, 2020 4:33 PM To: oldnorth at velocipede.dcn.davis.ca.us Subject: Forwarding communication from Historic Commission chair and reminder of our next meeting (Aug 27) Old North Davis Neighborhood Association Board and other interested parties, I forward the following message at the request of the Historic Resources Management Commission Chair. On an unrelated note, we will next meet at 6:00 pm, Thursday, August 27 using Zoom. Agenda and other materials to be circulated by August 24. -John Meyer, ONDNA President From: Scott Miltenberger Sent: Wednesday, August 12, 2020 11:25 AM To: john.meyer at live.com Subject: Request for Support in Opposition to City Approval of Proposed Project at 621 Elmwood Drive Importance: High Hi John ? how are you? As you are president of the Old North Davis Neighborhood Association, I am hoping that you might share the following message (with attachments) with the rest of the association. The Historical Resources Management Commission sees the City?s handling of the proposed project at 621 Elmwood Drive as having significant ramifications for identified historic and even conservation districts in Davis. The Commission welcome ONDNA?s support, and on behalf of the HRMC, I happy to answer any questions that members may have. Scott Miltenberger, HRMC Chair Members of the Old North Davis Neighborhood Association ? I write on a matter of mutual concern, seeking your support. A proposed project at 621 Elmwood Drive, a contributor to the identified Elmwood Historic District, was to have come before the Davis Historical Resources Management Commission for design review and demolition approval at our July 20th meeting. When the project proponent balked at appearing before the Commission, City staff in consultation with the City Attorney determined that the property did not require HRMC review. Their reasoning, expressed in an unsigned memorandum (attached) provided to the Commission at our meeting, was that the property could be altered without affecting the identified district ? in our view, sidestepping the City?s demolition ordinance and the CEQA process for identified historic resources. The Commission, concerned by this action, appointed a subcommittee consisting of myself, and commissioners David Hickman and Erin Montgomery. We prepared a formal response, protesting the decision and requesting a public hearing be scheduled with the 621 Elmwood project proponent at their (the proponent?s) earliest convenience so that the project may be properly considered. We also asked for a meeting with Council and City staff ahead of our August 17th meeting to discuss what we viewed as an inequitably administered process for property owners. Our response, reproduced below, was provided to Mayor Gloria Partida (Commission liaison), City Council Member Will Arnold (the alternate liaison), City Manager Mike Webb, Assistant City Manager Ashley Feeney, City Attorney Inder Khalsa, and Commission Staff Liaison Ike Njoku on July 30th. To date, we have not received any sort of reply. (Mr. Njoku, made aware that we were preparing a response to the memorandum, indicated that the Community Development and Sustainability Department intended to move forward pursuant to the City Attorney?s recommendation but advised we send our response nonetheless.) We find this a very troubling development. Not only does this fly in the face of ordinance and CEQA but also presents a fundamental issue of fairness for other residents in the identified Elmwood Historic District and indeed in every historic district or conservation district in Davis. This decision threatens preservation in Davis, and inequitably applies the law to property owners within those districts. On August 8th, HRMC was provided the intent-to-approve letter for the 621 Elmwood project (attached). At our August 17th meeting, the Commission intends to reiterate our position that the project should be subject to our review and that the City has improperly handled the matter, embodying that in a formal vote and comment. We invite you to attend, and we ask for your support in opposition. Public comments on the intent-to-approve are due by the 18th, and should be directed to City Planner Eric Lee (530-757-5610 ext. 7237, or elee at cityofdavis.org). I am more than happy to collect responses as well, or to answer any questions you may have by either email or phone (number below). We appreciate you taking the time to consider our request, and we hope that you join with us. Scott Miltenberger Chair, Historical Resources Management Commission (530) 574-4559 ***** This email is in response to the unsigned memorandum of July 20, 2020 from the City of Davis, Community Development and Sustainability Department, drafted in consultation with the City Attorney, on the subject of a proposed addition project at 621 Elmwood Drive. The memorandum raised concerns for the Historical Resources Management Commission (HRMC), and this subcommittee was delegated to address those with City staff, the City Attorney, and the City Council. Fundamentally, we believe that the July 20th memorandum contains factual errors and interpretive misunderstandings about the Commission?s role and the management of historical resources in the City of Davis that must be corrected and clarified. The City of Davis is a Certified Local Government (CLG), recognized by the California Office of Historic Preservation (OHP), with a Historical Resources Management Commission empowered to review and comment upon any permit or project that might impact a historical resource, whether listed on the Davis Register of Historical Resources or determined eligible for listing by a qualified survey (http://ohp.parks.ca.gov/?page_id=24494). HRMC is further empowered under Davis Municipal Code (DMC) Section 40.23.050(m) to review and comment upon any decisions or documents that ?may affect any type of designated historical resources or potential historical resources in the city.? Additionally, Section 40.23.120(b) requires Commission review before issuing a demolition certificate for ?potential historical resources not previously designated.? 621 Elmwood Drive was determined eligible for local listing as a contributor to a proposed historic district in the 2015 city-wide survey, and the proposed project thus plainly meets the standards for review by HRMC. The July 20th memorandum substitutes for that review an unqualified claim that 621 Elmwood Drive is not a historical resource. Contrary to statements made in the memorandum, historic districts are not, in and of themselves, historical resources. Districts are groupings of properties that include both contributing and noncontributing resources. The individual contributing properties are historical resources for the purposes of CEQA (https://govt.westlaw.com/calregs/Document/IA0E0C760D48811DEBC02831C6D6C108E?transitionType=Default&contextData=(sc.Default)). The portions of the DMC cited in the memorandum further bear this out, as both Section 40.23.060(f) and 40.23.060(f)(1) refer to a district as a grouping of historical resources. Nothing in local, state, or federal regulation allows for the determined eligibility of a district contributor to be voided simply because other surviving contributors would retain integrity. 621 Elmwood Drive is a contributor, a historical resource, and the City of Davis, as lead agency under CEQA, has an obligation to review proposed alterations that might affect its status. The HRMC, comprised of experts in the fields of history, architectural history, architecture, archaeology, and historic preservation who meet or exceed the Secretary of the Interior?s Professional Qualification Standards (https://www.nps.gov/history/local-law/arch_stnds_9.htm), provides that review and advisory input to the City. The Commission intends to fulfill its responsibilities as defined by the DMC, the City?s status as a CLG, and CEQA. We request that the project at 621 Elmwood Drive be scheduled for a public hearing before the HRMC at the earliest date convenient for the project proponents. Ahead of the Commission?s planned August 17th meeting, we further request a Zoom meeting (or other video conference) with City staff, the City Attorney, and our Council liaison to discuss the authority of the HRMC and related issues with how the City identifies projects to come before the Commission. Scott Miltenberger, HRMC Chair David Hickman, Commissioner Erin Montgomery, Commissioner -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... 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