San Mateo updates historic ordinance: New policy establishes owner consent thresholds for new districts, while allowing city to nominate some structures

The city would also create its own local historic resources inventory, which include structures approved through resolution and would not automatically include listings in state and national registries. It would also establish a Historic Resources Commission to review and approve nominated historic structures or districts after owner consent thresholds are met.

Historic designations limit the types of external alterations property owners can make to their homes and trigger additional review and approvals.

Currently, three individual structures — including the Vollers House on North Claremont Street — would qualify to be listed in the inventory, as well as the already-designated downtown area and the recently designated Glazenwood district. Future historic districts would have to be reviewed via the new process.

After a recent Planning Commission meeting, concerns were flagged over the reliance on the California Environmental Quality Act to flag individual structures for potential historic designation, especially as it is a state law that has changed significantly over the years.

With the new changes the council approved during its meeting May 4, project applications that trigger review would be assessed based on a list of locally codified criteria such as age and architectural style to determine its historic eligibility. If found to be eligible for a designation, the city would notify the owner, who could ultimately determine whether or not to move forward with pursuing an official listing, however, they would still have to adhere to certain historic design standards.

“It ensures that regardless of CEQA review, every project that has potential eligibility would be subject to a planning application, which would allow us to assess the project further, go through the screening criteria and if necessary, prepare a historic resources evaluation to ensure that that structure is evaluated,” Community Development Director Zach Dahl said during the meeting. “If it is ultimately found eligible, we would work with that property to ensure that its character definition features are preserved or designed around.”

The official designation process will involve a city staff review and assessment by a newly created Historic Resources Commission, which will comprise five members appointed by the council.

For historic districts pursuing designation, at least 20% of affected homeowners would have to support it before the application can move forward. Once the application is complete and affected residents are notified, more than 60% of owners would have to consent to the designation.

However, the council approved a rule that would allow the city to nominate properties already listed on a 1989 historic resources survey, and directed staff to begin the update this year, which could potentially receive designation without owner consent. There are about 133 structures included in the survey, with about 91 identified as potentially eligible for designation.

“I totally hear that [owner consent], and it’s a real issue, but I just don’t want the city to be totally without the ability to get the ball rolling,” Councilmember Lisa Diaz-Nash said during the meeting.

Councilmember Rob Newsom said he also supported the city’s ability to nominate structures in the survey.

“It should be something that helps us preserve our historic assets in the city,” he said. “I recognize and understand the concept of owner consent, but I do have concerns, however, that a developer could buy a house that was built in 1907 and still … [demolish] it.”

The new ordinance also bakes in a standardized path for property owners to qualify for the Mills Act, a state law that allows jurisdictions to offer property tax relief for owners of historic structures if they agree to maintain and preserve the house. Even though it’s a state policy, each local jurisdiction must create their own specific criteria and process. The city hasn’t had a formalized Mills Act program, however, the commission agreed with the creation of explicit rules for qualification and capped the Mills Act designation to two contracts annually.

The council also agreed to revisit the item in four years and determine whether to keep the Historical Resources Commission as the reviewing body.