OC historic preservation: Yes, there is such a thing

Built in 1886 as the Bank of Orange, this building in Orange now has a Starbucks and a Wells Fargo Bank. (Image by Flickr user eli.pousson/Creative Commons)

Not that long ago, people laughed when “Orange County” and “historic” were mentioned in the same sentence. But those days are gone, and many county residents are intent on preserving what is left of bygone eras, even relatively recent decades like the 1960’s.

More than half the cities in Orange County have a historic commission, committee or board. Any proposal to demolish an “older” building – 35 years or older – in these cities will be closely scrutinized.

Recently, a 1963 medical building was deemed eligible for listing in the national, California and Newport Beach historic registers. It is considered one of the best and few remaining examples of famed architect Richard Neutra’s medical buildings.

Battles over historic resources are poised to increase. Much new development and redevelopment will happen in areas with existing historic resources or districts.  As the county runs out of large tracts of available land, residents increasingly value the unique resources of their communities.

People sometimes denounce any development proposal that’s perceived as a change, and take a strong interest in preserving their local heritage. For many residents, historical properties contribute to their sense of place and community. Their motives may vary, but the end result is the same – pressure on elected officials to keep properties from changing.

So what does this mean to neighbors, property owners and local governments involved with historic preservation? There are many factors that influence what can and cannot be built if it involves a historic structure.

What is historic?

At the federal level, the National Register of Historic Places identifies and lists historic and cultural resources. Properties are eligible for the National Register under four criteria: events or persons of significance to our history or past; distinctive characteristics of the property; master works by architects, artists and others; high artistic value; and information important in history or prehistory.

California has its own Register of Historic Resources, which is an authoritative guide to determine which properties should be protected. The criteria for inclusion are almost identical to the federal register.

At the local level, there is no “one size fits all” definition of what constitutes a historic resource. Many cities and counties just adopt the national or California register criteria. Anaheim, Buena Park and Yorba Linda have programs certified by the state or federal governments.

Many OC cities consider local significance and local history when determining if a property should be preserved. Santa Ana includes places that “were connected with a business or use which was once common but is now rare.” San Clemente includes buildings that have “Spanish Colonial Revival architectural style.” Costa Mesa’s code is similar, but also protects buildings with “a view or vista representing an established and familiar visual feature of a neighborhood.”

Tips for property owners, developers and local agencies

How should property owners, developers and cities deal with historic preservation?

Property owners and developers

• If you are a landowner or developer, keep records of everything. Document everything you can find about the prior history of the house, clues about who the architect might be, important events that happened in the house and any alterations you make.
• Monitor the city planning department and ask to be included on mailing lists about historic preservation processes. If you are notified of a public meeting or forum, participate and provide comments in writing and by speaking at the meeting.
• A developer contemplating removing or substantially altering a historic property should thoroughly research it before committing financial resources.
• Consider historic designation of your property as an opportunity. Take advantage of the many tax benefits — the Mills Act is one example — and any other local benefits or incentives.

Cities and local agencies

• To make it easier for developers and landowners who want to change a building or property, local agencies should devise incentives and financially feasible procedures that make preserving history less burdensome. This approach can help limit contentious battles over a property’s future.
• Some cities are offering incentives for developers who follow their guidelines. Laguna Beach, for instance, provides relief from certain parking standards and building fees if a developer or building owner preserves historic character.
• Some cities also make provisions to avoid economic hardship from historic preservation rules. Santa Ana allows for a property to be removed from the city register of historic places if the owner proves that he/she would have no economically viable use of the property unless it is removed.

For many, historic preservation provides a sense of place and diversity in a county that is known largely for its 1970s and 80s suburbs. Whether you view historic preservation as a valuable reminder of the past or as an onerous burden on property rights, it’s an issue that is here to stay.

Carollyn B. Lobell, Esq. is a partner at law firm Nossaman LLP. She has three decades of experience shepherding the preparation of environmental documents meeting state and federal regulations. She focuses on environmental and land-use law, environmental permitting (including wetlands) and endangered species. Ms. Lobell can be reached at 949-833-7800 or clobell@nossaman.com. Mohib Qidwai of Nossaman LLP provided research assistance for this article. The opinions expressed in this article are solely the author’s and do not represent an official position of Nossaman LLP or any Nossaman, LLP clients.

This entry was posted on Monday, March 8th, 2010 at 8:11 am and is filed under Business, Local News . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.