REPORT TO THE CITY COUNCIL
March 26, 2015
FROM: JENNIFER K. CLARK, AICP, DIRECTOR
Development and Resource Management Department
BY: KARANA HATTERSLEY-DRAYTON, M.A. Historic Preservation Project Manager
Development and Resource Management Department
SUBJECT
Title
HEARING to consider request to rescind the historic designation of the Nestel Home located at 1527 "L" Street due to a loss of integrity (Council District 3)
1. ***RESOLUTION - Rescinding the Nestel Home located at 1527 "L" Street from the Local Register of Historic Resources due to a loss of integrity by rescinding City Council Resolution 80-295
Body
RECOMMENDATION
The Historic Preservation Commission recommends that the City Council adopt the attached Resolution rescinding the historic designation of the Nestel Home located at 1527 L Street due to a loss of integrity and for health and safety concerns, pursuant to FMC Section 12-1614, Section 12-1608, and 12-1609.
EXECUTIVE SUMMARY
On September 20, 2014 the Nestel Home, located at 1527 L Street, suffered a devastating fire which resulted in a 100% loss, according to a report prepared by the City of Fresno's Fire Department. Following the fire, Community Revitalization staff inspected the property and on December 17, 2014 issued a "Notice and Order to Remove Public Nuisance" which included a series of required corrections in order to meet health and safety. The fire destroyed most of the character-defining features of this c1897 Queen Anne style home which made it initially eligible for listing on Fresno's Local Register of Historic Resources. Due to this loss of integrity the Nestel Home no longer appears to meet the definition of a "Historic Resource" pursuant to FMC 12-1603(o). The City of Fresno's Historic Preservation Commission held a noticed public hearing on January 26, 2015 and concluded that the Nestel Home was no longer eligible for listing on the Local Register. The Commission hereby forwards this recommendation to the City Council for consideration.
BACKGROUND
The Nestel Home is a 1-story Queen Anne style residence which was built prior to 1898 (Sanborn Map 1898:30). The building is named for its first resident, Otto Nestel, who was the proprietor of the Palm Garden Saloon at 961 I Street, "Fresno's leading resort." The Nestel Home was listed on the Local Register of Historic Resources by action of the Fresno City Council on May 6, 1980 as "particularly representative of a distinct historical period, type and style and as "the best remaining architectural type of the neighborhood" (City Council Resolution 80-295).
By 1963 the single-family residence had been subdivided into "4 apartments" and the immediate neighborhood had changed, with commercial buildings, adjacent parking lots and vacant parcels. Over the next 50 years the property had numerous code violations. As an example, in 2011 historic preservation, code and (former) Commissioner Molly Smith met on site to help address some of the historic issues. In 2013 the property owner was cited for violations and received a "Notice and Order To Repair and Rehabilitate a Substandard Building." Following the fire in September, Community Revitalization staff inspected the property and on December 17, 2014 issued a "Notice and Order to Remove Public Nuisance" which included a series of required corrections in order to meet health and safety. As required by the City's Historic Preservation Ordinance, the property was publicly noticed in the Fresno Bee.
FMC Section 12-1614: Amendment or Rescission of Designation.
As a designated historic property on Fresno's Local Register of Historic Resources, the Commission and the property owner must follow the same process that is required for designation to rescind the designation. FMC Section 12-1614 states, "The Historic Preservation Commission may amend or rescind any designation of an Historic Resource
in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation or change of the original circumstances, conditions or factors which justified the designation of the Resource or District."
Designation of a historic resource may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner (FMC 12-1609(a). This request to delist the property from the Local Register of Historic Resources is made by the Secretary to the Commission, Karana Hattersley-Drayton, after consultation with the property owner, Michael Montgomery and his attorneys.
Pursuant to FMC 12-1607(a) properties eligible for the Local Register of Historic Resources must be at least 50 years old and possess integrity of location, design, setting, materials, workmanship, feeling and association and be historically significant under one or more criteria set forth in this subsection. The Nestel Home was constructed prior to 1898 and thus it is still over 50 years of age.
The concept of "Integrity" is not specifically defined in Fresno's Historic Preservation Ordinance but is implicitly based on the definition used by the National Park Service for the National Register of Historic Places: "the ability of a property to convey its significance. (
.) The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance." The National Register Bulletin continues by noting that "a property will always possess several, and usually most, of the aspects" and that in assessing integrity one must determine whether the essential physical features are visible enough to convey their significance" (National Register Bulletin: How to Apply the National Register Criteria for Evaluation 1998:44-45). Of the seven aspects of "integrity" (listed above) the Nestel Home retains only one, that of location. The design of the home and its setting, materials, workmanship, feeling and association have been severely compromised due to the fire.
Integrity is particularly critical when a property is nominated to the Local Register for its architectural merit (Criterion iii) rather than its association with an event (Criterion i) or the lives of "persons significant in our past" (Criterion ii). The resolution by the Fresno City Council placing the Nestel Home on the Local Register noted that the property was particularly representative of a distinct historical period, type and style and was "the best remaining architectural type of the neighborhood" (City Council Resolution 80-295).
Due to the fire and the recent rain, the Nestel Home has lost its integrity and cannot convey its (former) architectural significance. The character defining façade gables with the fish scale shingles are gone as is the decorative cartouche formerly above the house address and the multi-paned attic window. The roof is largely missing. The front door of the home had long ago disappeared and the porch balustrade and southeast bay window of the building were changed, even before the property was designated.
In its current state the Nestel Home also poses concerns for public health and safety. The building is easily accessed and upon recent inspection it appeared that vagrants were living in one or more of the rooms. The home is not fenced and even with a security fence could be easily breeched.
ENVIRONMENTAL FINDINGS
The matter before the City Council is whether or not to rescind the listing of the Nestel Home from the Local Register of Historic Resources. Though rescinding the listing of the building would facilitate the possible future demolition of the Nestel Home, the question of demolition is not before the City Council. Because it is listed on the Local Register of Historic Resources, the Nestel Home currently fits within the definition of a presumptive historic resource for purposes of CEQA, pursuant to CEQA Guidelines, section 15064.5(a)(2). However, this presumption can be overcome if the preponderance of the evidence demonstrates that it is not historically or culturally significant.
As set forth above, the preponderance of the evidence establishes that the Nestel home in its current "burned out" condition is no longer historically significant because it no longer possesses integrity of design, setting, materials, workmanship, feeling and association. As such, rescinding the listing on the Local Register of Historic Resources recognizes the fact that the building fails to qualify for continued listing on the Local Register and that it no longer falls within the definition of a presumptive historic resource for purposes of CEQA.
Finally, there is no substantial evidence in the record to support a finding of the Commission that this home qualifies as a Historic Resource for purposes of CEQA, pursuant to the discretionary authority to find a resource historically significant set forth in CEQA Guidelines, section 15064.5(a)(3). City staff has opined that because of its current condition the Nestel Home no longer meets the requirements for listing on the City's Local Register of Historic Resources.
The preponderance of the evidence establishes that the Nestel Home is no longer historically or culturally significant and there is no substantial evidence in the record to support a Commission or Council finding that the Nestel Home qualifies as a Historic Resource pursuant to its discretionary authority. Since it is not a Historic Resource for purposes of CEQA, it is not considered part of the environment to be evaluated in determining if an action will have a substantial adverse change in the environment. Therefore, this request to rescind the designation of the Nestel Home does not require any CEQA environmental review.
LOCAL PREFERENCE
Local preference was not considered because this does not include a bid award of a construction or services contract.
FISCAL IMPACT
There is no additional fiscal impact beyond the expenditure of staff time.
Attachments:
1. FMC 12-1614 Amendment or Rescission of Designation [of a Historic Resource].
2. Updated State of California Primary and BSO Forms for the Nestel Home, 1527 L Street, Fresno.
3. Photos of Fire Damage to the Nestel Home, 1527 L Street, Fresno.
4. Notice and Order to Remove Public Nuisance December 17, 2014
5. A Resolution of the City Council of the City of Fresno, California, Rescinding the Designation of the Nestel Home (HP#152) Located at 1527 L Street From the Local Register of Historic Resources Due to a Loss of Integrity.