Historic Districts—Who Plays a Role?

January 14, 2024

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It is surprising to many people that listing on the National or State Register of Historic Places as a historic district does not impose any obligations on the property or owner (REF). So, who is involved and what are their respective roles and responsibilities?

City of San Mateo

Land use decisions about historic resources are strictly up to the local city. In San Mateo, the decisions on applications for building and development permits are made by the Community Development Department based on the City’s historic preservation ordinance (https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/27.66) and General Plan Policies C/OS 8.1, 8.2, and 8.3 (https://www.cityofsanmateo.org/DocumentCenter/View/7165/COS-PR-Element-?bidId = p. VI-28 to VI-30). In addition, the City Council voted unanimously at the 2023-2024 Blue Sky Meeting to prioritize historic preservation in the General Plan 2040.

The City’s historic ordinance currently only applies to the Downtown Historic District and the Glazenwood Historic District (in Hayward Park). The City will begin a public process in February 2024 to update the Historic Preservation Ordinance to apply Citywide and refine the process for treatment of historic districts and properties.

The City process for evaluating building permit applications in a historic district depends on a number of factors—extent of remodeling, location and type of changes, and whether the property is a historic contributor to the Downtown Historic District or Glazenwood Historic District. If a property meets these factors, the City requires owners to submit a Planning Application for alterations to the front of a property in either historic district before a building permit can be submitted.

After evaluation of the property, the City may require the applicant to pay for a Historic Resources Evaluation (HRE) when a property owner submits a proposal to renovate a property that is over 50 years old. The City may not require a HRE if the property was considered in a previous historic study, is located in a historic district or does not meet the stated criteria.

The City may require renovations to follow the Secretary of Interior Standards for Rehabilitation. The Standards allow for exceptions for technical infeasibility or financial hardship. The City may also require that a historian review plans and monitor construction if the front of the house is altered. The City has identified the process for review of projects in historic districts on the City’s website (https://www.cityofsanmateo.org/4735/Historic-Resources).

State Office of Historic Preservation

The role of the State Office of Historic Preservation (within the State Parks Department) is to implement the National Historic Preservation Act of 1966, as amended. A YouTube video explains the role of the OHP at https://www.youtube.com/watch?v=WuIlfwjX69w.
OHP's responsibilities include:

• Identifying, evaluating, and registering historic properties;

• Ensuring compliance with federal and state regulatory obligations;

• Encouraging the adoption of economic incentives programs designed to benefit property owners;

• Encouraging economic revitalization by promoting a historic preservation ethic through preservation education and public awareness and, most significantly, by demonstrating leadership and stewardship for historic preservation in California.

 

The OHP reviews nominations to both the California Register of Historical Resources and the National Register of Historic Places to ensure the nominated properties meet the criteria for listing on the National Register and that nominations comply with all applicable regulations. The OHP can reject the nomination, ask for more information, send the nomination to the National Register, or decide to list the property on just the California Register. Government agencies, private citizens, or historical societies can submit nominations.

The OHP submits nominations to the Keeper of the National Register, but has no further role in administering the historic district. You can find more information here: https://ohp.parks.ca.gov/pages/1056/files/NRHP%20Fact%20Sheet_2019.pdf

National Park Service

The National Park Service’s Keeper of the National Register administers the National Register of Historic Places. The National Register is “part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources.” (https://www.nps.gov/subjects/nationalregister/faqs.htm). Federal law states that “the listing of a property in the National Register places no restrictions on what a non-federal owner may do with their property up to and including destruction.” Similar to the State’s role, once a property is listed on the National Register, the Federal government has no further role in the management of the district.  
The comparison of State and Federal registration programs listing can be found here: 

https://ohp.parks.ca.gov/pages/1056/files/Registration%20Programs%20Comparison%20Chart.pdf

Important Upcoming City Educational Webinar – February 1

The City of San Mateo will hold a City Educational Webinar on Historic Resources on February 1, 6pm-8pm, at the San Mateo Public Library Main Branch on 3rd Avenue.  Please sign up for this webinar on the City's Historic Resources Page (starting some time the week of January 14th) if you are interested in becoming educated on what Historic Resources are, how the City currently deals with them, and how the City is planning to develop a uniform, Citywide Historic Resource Program. 

 

How is a Historic District Formed?

December 30, 2023

Introduction

This week’s article focuses on the process of how a historic district is created. It is hoped that this information will help people to understand what is happening in Baywood and what the timeline is. Baywood neighbors will then be better able to make their own minds up as to where they stand on this issue. The Baywood Neighborhood Association’s aim Is to provide useful information for our Baywood neighbors. As always, please email us with your questions and comments at baywoodneighborhood@gmail.com. Thank you!

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People have wondered how a group of buildings becomes a historic district and is listed on the State or National Register of Historic Places. Some people think it is as easy as drawing a circle around a neighborhood. In fact, it is a complex process that was defined in the National Historic Preservation Act of 1966. 

The process generally starts with local historians, preservationists, city staff, or community members noticing that an area of the city is special—architecturally or important in the history of the development in the area. In the case of Baywood, the 1989 Historic Building Survey report identified “several large, National Register-eligible districts west of El Camino.” In 2022, a number of old homes were demolished. The demolitions led to community members’ being alarmed at the degradation of a special neighborhood. 

There are different ways to define a historic district:

• Through a local process and local designation

• Through a state process and listing on the State California Register of Historical Resources

• Through a federal process resulting in listing on the National Register of Historic Places

 

San Mateo does not have a historical commission or an ordinance that recognizes historic districts outside of the Downtown or Glazenwood Historic Districts. This discussion therefore illustrates the process that the Baywood Historic District nomination is following.  The State and Federal Processes are similar and a listing on the National Register automatically includes listing on the State Register.  This is why the National listing was chosen.   Also, the appropriate State Office of Historic Preservation (OHP) reviews all national nominations before submitting to the National Register. 

 

Research and Documentation

The first step to becoming a historic district is to research and document the historical significance of an area, including architecture, important people, and development patterns. Was it important in local history? Did people important in history live there? 

The second step is to determine the geographic boundary of the district, which must be defined based on the timing of the district development and consistency of  architectural style. 

Architectural historians research information about the architectural, cultural, and historical significance of buildings and landscapes within the proposed district. Research includes documenting each property’s architectural style, date of construction, any recent modifications, and whether the building contributes to the historical significance of the district. This makes them—a “contributor.” 

Properties that were constructed outside of the period of significance or have been altered such that they no longer contribute to the historical significance of the district are noted as “non- contributors”. 

Districts are formed based on strict Federal (or State) criteria. Districts must possess integrity of location, design, setting, materials, workmanship, feeling, and association, and meet one of the following criteria: 

• Associated with events that have made a significant contribution to the broad patterns of our history; or 

• Associated with the lives of persons significant in our past; or 

• Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or that have yielded, or may be likely to yield, information important in prehistory or history.

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The process is detailed and requires skilled professionals to make the recommendation to the state or national groups as to which category, if any, is applicable to the area. 

Local Regulation

Listing a historic district on the State or National Register of Historic Places does not result in any obligations on the property or the property owners in a district. If the OHP approves the district, local legislation or ordinances may be enacted to officially recognize the area as a historic district in the relevant municipal code. These local laws often include specific policies, ordinances, guidelines, and/or regulations for preserving the historic character of the district. The City is responsible for any ongoing management and review processes to ensure that any proposed changes or developments are in line with preservation guidelines.

It's important to note that the specific requirements for historic district designation and management can vary widely depending on local regulations, laws and history. 

Nomination

A formal nomination package is prepared by architectural historians, outlining the historical significance of the area, providing evidence and justifying its designation as a historic district based on how the criteria are met.

The advocates may submit the nomination to a local preservation office or a designated historic preservation board. The advocates may submit the nomination package to the State Office of Historic Preservation (OHP) if the city does not have a preservation office, commission, or board. 

Review and Evaluation

The nomination is reviewed by State experts in historic preservation, architectural history, and related fields. The review may include site visits, assessments of historical significance, and evaluations of the overall integrity of the proposed district. The State may request additional information and multiple rounds of review of the nomination package.

Public Input

Public input is an important part of the designation process. Community meetings, public hearings, and consultations allow residents, property owners, and stakeholders to express their opinions and concerns. 

Once the nomination package is finalized, the OHP will send a letter to the local jurisdiction (city) and each property owner in the historic district asking whether the owner supports or objects to the historic district listing on the National Register of Historic Places. Objections must be submitted  either (1) a notarized statement certifying that you are the sole or partial owner of the property, as appropriate, and that you object to the listing, or (2) a letter with the same statement including the following language: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.  Property owners can send letters of support or objection any time to: 

State Historic Preservation Officer 
Office of Historic Preservation 
1725 23rd Street, Suite 100 
Sacramento, CA 95816-7100

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The OHP letters identifies the date and time of the State Historical Resources Commission meeting where they will consider whether to forward the nomination to the Keeper of the National Register. The OHP will send the letters to the city and property owners at least 60 days before the Commission meeting. 

Approval Process

The OHP staff presents the nomination and supporting documentation to the State Historical Resources Commission. The Commission reviews the nomination, considers public input, and makes a determination on whether to approve the designation. If more than 50% of property owners object to the listing, the OHP will forward a request for Determination of Eligibility for the National Register and the district will not be listed. (Note: Being determined eligible for listing means that the district, but not necessarily the individual contributors to the district, is a historical resource under the California Environmental Quality Act (CEQA). According to CEQA the city must consider the effects on the district from the substantial modification or demolition of a contributor to the district.)

 

If less than 50% of the property owners object to the historic district, the State OHP then submits the nomination to the Keeper of the National Register of Historic Places for listing. Listing on the National Register usually takes place 45 days after the OHP mails the nomination to the Keeper (30 days after the State Historical Resources Commission meeting).

The total length of time the process takes can be over two years.  This is detailed process that takes time to do well.