REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Title
Consideration of a Historical Preservation Agreement (Mills Act Contract) (PLN24-00264) for 1756 Fremont Street.
Report
BACKGROUND
Property owners, Joe Navasca and Yemon Oo, request a Historical Preservation Agreement (Mills Act Contract) (File No. PLN24-00264) for the property located at 1756 Fremont 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 6,573 square-foot lot located on the southwest side of Fremont Street between Pierce Street and Lincoln Street. The residence was constructed circa 1870 and relocated from the Agnew/Alviso area to the current site in 1924. When relocated, the residence was converted from a National style two-story farmhouse to a one-story house with a new roof and front porch in line with Craftsman Bungalow architectural style. The existing residence on the property is a 1,105 square-foot, one-story house designed in the National architectural style with Craftsman details. The property has a detached shed structure/garage that was constructed in 1924. The property has been altered since its relocation, including the removal of board and batten siding from the rear façade and external brick chimney, and rear addition with a pitched roof and new channel-lap siding. The property has been altered since the release of the 2015 California Department of Parks and Recreation (DPR) form in that the façade of the rear addition now has a paired vinyl door instead of a horizontal door and has fewer windows.
The property owners submitted the requisite application, including a historic survey (DPR523A Form), an Addendum to the 2015 DPR524A 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 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
The Mills Act Program allows a qualified property owner to receive a potential property tax reduction and use that savings to assist in offsetting the costs to rehabilitate, restore, and maintain their property. To qualify for this program, the property and/or building must be listed on either a local, State, or National register. The property must also have a plan to restore and rehabilitate the property.
A Department of Parks and Recreation (DPR) 523A Form was prepared by Lorie Garcia of Beyond Buildings on March 14, 2015, and the Addendum to the DPR523A Form was prepared by William Kostura in October 2023. Both assess the historical significance of the property based on National and State (California) Register criteria and the City’s local criteria for significance. The evaluators found the structure at 1756 Fremont to be in overall good condition except for the alteration to the rear façade. The evaluators 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 window and entry porch restoration, original wood siding repair, painting, electrical and HVAC update, 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 (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 1756 Fremont Street.
Staff
Prepared by: Meha Patel, Assistant Planner
Reviewed by: Sheldon S. Ah Sing, Development Review Officer
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Historic Survey (DPR 523A Form) Addendum
4. Secretary of Interior Standards for Rehabilitation
5. Statement of Justification
6. 10-Year Restoration and Maintenance Plan
7. Draft Historic Property Preservation Agreement (Mills Act Contract)