REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Title
Consideration of a Historical Preservation Agreement (Mills Act Contract) (PLN24-00465) for 1435 Lexington Street.
Report
BACKGROUND
Property owners, Jonathan J. Ye and Jessica E. Chung, request a Historical Preservation Agreement (Mills Act Contract) (File No. PLN24-00465) for the property located at 1435 Lexington Street. Enacted in 1972, the California Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. Santa Clara participates in the Mills Act Program. A requirement of the Mills Act Contract is that the building must be a qualified structure, listed on either a local, State, or National register. The property is currently listed on the City’s Historic Resource Inventory (HRI) for age and the architectural integrity of the residential structure.
The subject property is a 7,920 square-foot lot located on the northwest side of Lexington Street between Madison Street and Jefferson Street. The residence was constructed in 1892 in the Queen Anne cottage style. The existing residence is a 3,357 square-foot, one and half-story house with four bedrooms and four bathrooms. The property has a detached two car- garage that was permitted and constructed in 1955. The property was altered in 2006 and 2013, with the interior remodeling of the basement, main floor, and attic space and the removal of a non-historical rear addition. The property has not been altered since the filing of the 2024 California Department of Parks and Recreation (DPR) forms.
The property owners submitted the requisite application, including a historic survey (DPR523A Form), a DPR523B Form, a Statement of Justification for the request, and a 10-Year Restoration and Maintenance Plan for evaluation of the proposed workplan to restore, rehabilitate, and maintain the property.
For Mills Act Contract requests, the Historical and Landmarks Commission (HLC) makes a recommendation to the City Council for their final determination. Approved contracts are executed between the City and the property owner and recorded with the County for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold.
DISCUSSION
A Department of Parks and Recreation (DPR) 523A Form was prepared by Brad Brewster of Brewster Historic Preservation on September 12, 2024, and the form assessed the historical significance of the property based on City (Santa Clara), State (California) and National Register criteria. The evaluator found the structure at 1435 Lexington to be in overall excellent condition with high degree of architectural integrity except for minor alterations to the rear façade. The evaluator concluded that the property continues to retain enough of its historic character and appearance to be recognizable as a historic resource and to convey the reason for its significance as a Historically Significant Property on the City’s HRI.
The property owners submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Plan includes exterior restoration of wood siding, painting, exterior lighting enhancements, and roofing repair. The property owners will obtain Significant Property Alteration permits for the work described in the Plan as required by the Historic Preservation Ordinance (Zoning Code Chapter 18.130).
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of Interior’s Standards for Rehabilitation. The proposed improvements, and the owner’s statement of justification, support the preservation, protection, and maintenance of a locally designated significant structure.
ENVIRONMENTAL REVIEW
The Mills Act Program is exempt from CEQA environmental review requirements per CEQA Section 15061(b)(3). The activity is covered by the general rule that CEQA applies only to projects which have potential for causing a significant effect on the environment where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
PUBLIC CONTACT
There is no requirement that Mills Act Contracts are publicly noticed.
RECOMMENDATION
Recommendation
Staff recommends that the Historical and Landmarks Commission find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend City Council approve of the City entering into a Mills Act Contract with the property owner, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 1435 Lexington Street.
Staff
Prepared by: Alex Tellez, Assistant Planner
Reviewed by: Rebecca Bustos, Principal Planner
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Secretary of Interior Standards for Rehabilitation
4. Statement of Justification
5. 10-Year Restoration and Maintenance Plan
6. Draft Historic Property Preservation Agreement (Mills Act Contract)