City of Culver City, California
Agenda Item Report
Meeting Date: 11/22/2010 Item Number: A-3
CITY COUNCIL AGENDA ITEM: Consideration of Tasks and Responsibilities
Associated with Applying for and Receiving Certified Local Government Status,
and Consideration of Various Financial Incentives Available to Owners of
Historically Designated Properties in Culver City
Contact Person/Dept.: B. Christine
Byers/Todd Tipton/Community
Development
Phone Number: (310) 253-5776/5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification:
(E-Mail) Meetings and Agendas – City Council (11/17/2010); (E-Mail) Meetings and
Agendas – Cultural Affairs (11/17/2010); Cultural Affairs Commission (11/08/2010);
Planning Commission (11/08/2010); Culver City Historical Society (11/08/2010); Julie
Lugo Cerra (10/14/2010 and 11/08/2010); Culver City Chamber of Commerce
(11/08/2010).
Department Approval:
Sol Blumenfeld: (11/02/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/16/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/16/10)
City Manager Approval:
John M. Nachbar (11/17/10)
RECOMMENDATION:
Staff recommends the City Council consider 1) the tasks and responsibilities
associated with applying for and receiving Certified Local Government status; and,
2) various financial incentives available to owners of historically designated
properties in Culver City.
BACKGROUND:
At the June 22, 2009 City Council meeting, an item was included on the agenda
pertaining to the tasks and process associated with updating Culver City’s Historic
Preservation Program. This included the creation of a community advisory
committee similar to the Historic Preservation Advisory Committee (HPAC) that was
formed in 1989; updating Section 15.05 of the Culver City Municipal Code (CCMC)
relating to the Historic Preservation Program so as to remain consistent with state
and federal guidelines as well as current best practices in preservation; updating the
1987 field survey (to include drafting a context statement and surveying
approximately 7600 properties built between 1900 and 1964); applying for Certified
Local Government (CLG) status and implementing a tax incentive program such as
the Mills Act Program.
City of Culver City, California
Agenda Item Report
Pursuant to public input, the City Council moved to table the item to allow additional
time to examine the costs associated with updating the program and the field survey.
During discussion it was suggested that staff follow up with regard to applying for
CLG status and potential tax incentives, such as the Mills Act Program, for owners of
historically designated properties.
DISCUSSION:
Certified Local Government Status
The Certified Local Government Program is a preservation partnership between
local, state, and federal government agencies established in 1966 by the National
Historic Preservation Act. In California, the program is jointly administered by the
National Park Service (NPS) and the California Office of Historic Preservation
(OHP). California currently has 58 CLG partners, including both city and county
agencies.
Obtaining CLG|1010| status provides certain advantages to local governments, including:
• Credibility – In order to retain CLG status, local preservation programs have
to remain consistent with federal and state standards and regulations, thereby
providing the backing of programs that have stood the test of time;
• Technical Assistance -- This is in the form of a listserv|1010| hosted by OHP and
assistance from staff at OHP;
• Funding – Each state is required to pass through 10% of its annual Historic
Preservation Fund grant from the NPS to CLGs. Grants are awarded on a
competitive basis and, in California, awards average $20,000 - $25,000 which
for Culver City these grant awards could significantly help offset costs
associated with preparing a context statement and completing various stages
of an updated survey. (See attached list of 2010-2011 CLG Grant Awards);
and
• Other Economic Benefits – CLG status reinforces a community’s commitment
to preservation thereby potentially increasing property values and pride of
place.
Community Development Department staff has been in contact with senior staff at
OHP about necessary updates to the City’s Historic Preservation Program and
eligibility for CLG status. OHP staff has advised that updating the City’s Historic
Preservation Program Ordinance (CCMC Section 15.05 et seq.) is necessary if
Culver City is interested in becoming a CLG to make the program consistent with
federal and state standards and regulations. Areas identified by OHP requiring
amendment include:
• List of definitions
• Streamlining the three-tiered designation categories
• Updating the threshold criteria for designation City of Culver City, California
Agenda Item Report
• Updating threshold criteria for establishing economic hardship
• Role of the Cultural Affairs Commission and Planning Commission in review
of treatment of historic properties
• Provision for economic incentives for property owners
To update the Historic Preservation Program Ordinance, staff recommends a
streamlined process that includes working with a small group of community
representatives comprised of Julie Lugo Cerra (City Historian), one Culver City
Historical Society representative and one Culver City Chamber of Commerce
representative.
These three individuals would work closely with Cultural Affairs staff and the Cultural
Affairs Commission’s Historic Preservation sub-committee (Vice Chair Koosed and
Commissioner Bernardin) on the ordinance revisions and CLG application. (For the
larger survey effort as outlined in the staff report of June 2009, staff recommended
wider community representation similar to the composition of the first HPAC formed
in 1989.)
Staff recommends that the Historic Preservation Ordinance revisions be completed
and reviewed by the CAC with a recommendation to be presented to the City
Council for consideration.
Financial Incentives to Owners of Historically Designated Properties
Pursuant to the only field survey completed in 1987 by Thirtieth Street Architects, the
City Council designated approximately 124 individual structures as Cultural
Resources. Designations were made in one of three categories, “Landmark”,
“Significant” or “Recognized”. Both the “Landmark” and “Significant” designations|1010|
come with certain protections to ensure that the character-defining features of the
structure are retained; the “Recognized” designation is honorary only and has no
protections associated with it.
Currently there are four incentive programs for which only a few owners in Culver
City are eligible. Eligibility is based on the level of historic significance of the
property or household income level. These programs are:
20% Rehabilitation Tax Credit
• National Register listed or National Register eligible properties
• Applies to commercial, industrial, agricultural, and rental residential
properties
• Properties used exclusively as an owner’s private residence are not
eligible
• Applies to hard and soft cost expenditures during rehabilitation (routine
maintenance costs are not eligible unless part of overall rehabilitation)
10% Rehabilitation Tax Credit
• Applies to non-residential buildings, including hotels, built before 1936 City of Culver City, California
Agenda Item Report
• Buildings do not need to be historically designated at any level
Conservation Easements
• Property must be National Register listed, includes private residences
• Typically covers building’s exterior but could include significant interior
spaces
• One-time income tax deduction for entering into a legal agreement that
stipulates that all future modifications will meet historic preservation
standards
• Donation made to non-profit organization such as Los Angeles
Conservancy
• Value of the easement is based on the difference between the appraised
fair market value of the property and its value with the easement
restrictions in place (value of an easement depends on the property’s
development potential)
• Generally easements are 10 – 15 percent of the property value, could be
higher depending on zoning
• Can claim up to 30 percent of taxpayer’s adjusted gross income from
federal taxes in year donation made
• Easement donations may also be deductible from California income taxes
• Can also affect estate and gift taxes and local taxes
• If a property is listed locally and nationally, it can qualify for both a
Conservation Easement and Mills Act program contract (where applicable)
• Easement contracts attached to deed of the property and are enforceable
in perpetuity
Culver City Neighborhood Preservation Program (CDD/Housing)
• Applies to both single and multi-family residences
• Applicants cannot have liquid assets that exceed $100,000 (includes cash,
CDs, investment income/does not include property value)
• $5,000 grant limit for single family home (currently there are limits on how
much can be applied to exterior vs. interior work)
• $15,000 grant limit for multi-family home (for exterior); pays 50% of interior
rehabilitation costs up to $6,000
• Funding is 20% set aside
While there are only three properties in the City listed in the National Register, many
more are eligible for listing either as individual structures or within districts. Some of
these were identified in the 1987 field survey with an “A” or “A+” ranking.
Currently, a larger number of City property owners would potentially benefit from the
following two commonly used incentive programs:
Permit Fee Waivers
• Adapt current program to include historically designated commercial
properties in specific areas
• Would need to identify how many properties would qualify City of Culver City, California
Agenda Item Report
• Identify funding source
Mills Act Program
• Applies to properties listed on any federal, state, county, or city register,
including the National Register of Historic Places, California Register of
Historical Resources, California Historical Landmarks, State Points of
Historical Interest, and locally designated landmarks.
• Owner-occupied family residences and income-producing commercial
properties may qualify for the Mills Act program, subject to local
regulations.;
• Mills Act contracts are for 10 years initially with automatic yearly
extensions and stay with the property when transferred;
• Eligible properties may qualify for an annual property tax reduction4 that
can range from 5 to 50 percent;
• Properties acquired relatively recently are more likely to qualify for a
substantial tax reduction under the Mills Act; properties purchased
between 1979 and 1999 may realize a 5 to 25 percent reduction;
properties purchased prior to 1978 (Proposition 13) are unlikely to receive
a reduction;
• Cities who have a Mills Act Program can implement an annual cap in
revenue loss, realized, for example, by specifying the number of contracts
permitted annually or eligibility based on current assessed values|1010|;
• Cities can adjust their programs to adapt to economic trends, revenue
levels, etc.
• Contract/inspection fees are typical and in Southern California fall within
the $200 - $400 range;
• Even without a tax reduction to the current owner, entering into a Mills Act
contract may substantially enhance marketability of property (a property
cannot be reassessed based on new market value and new owners will
benefit from preexisting lower taxation rate)
Implementing a Mills Act Program would have a financial impact to both the City and
the Redevelopment Agency, but initially the impact would be minimal. This is partly
due to the fact that Culver City currently has relatively few designated properties that
have protections associated with them (i.e., the “Landmark” and “Significant”
designation categories). In addition, there may be some “Recognized” designated
properties that have not been significantly altered that may also be eligible.
However, with more properties being designated over time as the result of regular
historic structures survey updates, the impacts to the City’s revenues may increase.
Neither of the City’s two film studios is designated as historic districts and only a
small percentage of the existing structures on each lot are individually designated at
the local level. At this time, staff is not aware of any other film studio in the Los
Angeles area that participates in a Mills Act Program. If even feasible, it would be up
to the county tax assessor to determine to what extent this impacts the total
property value.
City of Culver City, California
Agenda Item Report
Currently 10.4 cents of every dollar in property taxes for non-RDA component areas
goes to the General Fund. In Fiscal Year 2009/2010, the City received $3.5 million
in property tax revenues; the Redevelopment Agency received $37 million in the
same year. For the Redevelopment Agency receipts, the amount received from The
Culver Studios was estimated at $758,428 and from SPE, $850,213 (Sony Studios)
and $2,504,292 (Sony Pictures Plaza).
FISCAL ANALYSIS:
The total fiscal impacts associated with this agenda item are unknown at this time.
With regard to the CLG application, there are no monetary costs associated with the
process other than staff time. With regard to the implementation of additional
incentives to owners of historic properties, such as a Mills Act Program, the
anticipated impact to the City’s and Redevelopment Agency’s revenue streams
would initially be minimal given the relative number of eligible properties. Criteria
established by the City Council would determine future impacts to the City’s revenue
as well as additional historic designations in association with updated surveys.
ATTACHMENTS:
1. 2010-2011 CLG Grant Awards
2. Summary of Los Angeles County Assessor’s Parcel Data for Culver City 1900
– 1964
3. Certified Local Government Program Application & Procedures
4. Appendix G, Certified Local Government Requirements
MOTION:
That the City Council:
1. Authorize staff to form an advisory committee and proceed with updating
Section 15.05 of the CCMC regarding the Historic Preservation Program; and,
2. Authorize staff to apply for Certified Local Government status; and,
3. Authorize staff to conduct further research on implementation of a Mills Act
Program and the fiscal impacts this would have on the City.
Notes:
|1010| CLG applications can be submitted year round to OHP who review the application and make a
recommendation for certification to the National Park Service. The NPS makes the final certification
decision. After NPS agrees with OHPs recommendation, a certification agreement is prepared and
signed by both the OHP and the local government, at which time the local government is formally
certified. The application process includes: City of Culver City, California
Agenda Item Report
• Adoption of a resolution authorizing application for CLG status;
• Completed certification application form;
• Resumes and professional qualifications of each of the members of the local historic
preservation commission/board (Cultural Affairs Commission);
• Evidence of cultural resource survey(s) performed, with information on the progress and
future survey(s) and intended uses;
• Copy of Historic Preservation Ordinance (Section 15.05 et seq. of the CCMC); and,
• Copy of the local historic preservation plan or element of the General Plan (if applicable).
(In November 1997, the City Council adopted a resolution approving the application and certification
agreement for CLG status, but there is no evidence that the application process was completed and
submitted to OHP.)
CLGs are required to file an annual report to the state at the end of each calendar year that includes a
summary of accomplishments, summary of survey activities, summaries of locally designated
properties, number of National Register applications reviewed, number of properties on which design
review was held, number of properties on which environmental project reviews were conducted,
listing of commission and staff training received, and commission attendance records. (For a
complete description of CLG requirements, see Attachment No. 4.)
|1010| LISTSERV was the first electronic mailing list software application, consisting of a set of email
addresses for a group in which the sender can send one email and it will reach a variety of people.
|1010| 58 structures (these include 28 located on one of two film studio lots) are in either the “Landmark” or
“Significant” categories; the balance of all designated structures are designated “Recognized.” In
addition, there are 3 structures listed in the National Register of Historic Places (National Register)
and others such as the Gateway Station Post Office are deemed eligible for listing in the National
Register.
|1010| Los Angeles County Assessor calculates the property tax savings by reassessing the property using
the capitalization of income method as outlined in the California Taxation and Revenue Code.
5 In the City of Los Angeles, single-family homes must have current assessed values of $500,000 or less
and commercial properties with values of $1.5 million or less in order to be eligible for Mills Act contracts.
MEETING DATE: November 22, 2010
AGENDA ITEM: Consideration of Tasks and Responsibilities
Associated with Applying for and Receiving Certified
Local Government Status, and Consideration of
Various Financial Incentives Available to Owners of
Historically Designated Properties in Culver City
ATTACHMENTS
Pages
1. 2010-2011 CLG Grant Awards 1 - 2
2. Summary of Los Angeles County Assessor’s Parcel 3
Data for Culver City 1900 – 1964
3. 2010 Certified Local Government Program 4 - 26
Application & Procedures
4. Appendix G, Certified Local Government Requirements 27 - 32
ATTACHMENT 1
12PROPERTIES FROM 1900 - 1964
1900-1939 1940-1949 1950-1959 1960-1964
Commercial 100 151 261 78 590
Residential 1564 2269 2673 264 6770
Industrial 17 82 134 32 265
Studio 40 0 2 6
Open Space 20 2 0 4
Undesignated 512 7 2 26
TOTAL # BUILT PER YEAR
1692 2514 3077 378
TOTAL # WITH DESIGNATED ZONE
1687 2502 3070 376
***TOTAL # OF PROPERTIES IN CULVER CITY = 13,615. PROPERTIES WITH BUILD DATE OF "0" = 672
SOURCE: County Assesor's Parcel Data
DESIGNATED
ZONING
BUILD DATE
TOTAL #
PER ZONE
REVISED: 02/02/09
ATTACHMENT 2
3Certified Local
Government
Program
Application
&
Procedures
Local Government Assistance
California Office of Historic Preservation
Department of Parks & Recreation
1416 9th St,
Rm 1442-7
Sacramento CA 95814
PO Box 942896
Sacramento CA
94296-0001
phone:
(916) 653-6624
fax:
(916) 653-9824
email:
calshpo@parks.ca.gov
website:
www.ohp.parks.ca.gov
2010
ATTACHMENT 3
4
California Office of Historic Preservation
1416 9
th
St, Sacramento CA 95814
PO Box 942896, Sacramento CA 94296-0001
Phone: (916) 653-6624
Fax: (916) 653-9824
Email: calshpo@parks.ca.gov
Website: www.ohp.parks.ca.gov
This publication has been financed in part with Federal funds from the National Park Service,
Department of the Interior, under the National Historic Preservation Act of 1966, as amended,
and administered by the California Office of Historic Preservation. The contents and opinions do
not necessarily reflect the views or policies of the Department of the Interior, nor does the
mention of trade names or commercial products constitute endorsement or recommendation by
the Department of the Interior.
Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973,
the U.S. Department of the Interior strictly prohibits unlawful discrimination on the basis of race,
color, national origin, age, or handicap in its federally- assisted programs. If you believe you
have been discriminated against in any program, activity, or facility as described above, or if you
desire further information, please write to:
Office for Equal Opportunity
U.S. Department of the Interior
National Park Service
Box 37127
Washington DC 20013-7127
Original Publication Date: May 1985
First Revision: November 1995
Second Revision: April 1996
Third Revision (non-substantive): August 1999
Revised May 2007
Revised December 2009
2
5
TABLE OF CONTENTS
INTRODUCTION .........................................................................................4
WHAT IS THE CERTIFIED LOCAL GOVERNMENT PROGRAM?..........4
WHO CAN APPLY FOR CERTIFIED LOCAL GOVERNMENT STATUS? 5
WHEN ARE CLG APPLICATIONS ACCEPTED? ....................................5
WHAT ARE THE PROCEDURES FOR CERTIFICATION?......................5
WHY BECOME A CERTIFIED LOCAL GOVERNMENT? ........................6
WHAT ARE THE REQUIREMENTS FOR CERTIFICATION? ..................8
WHAT ABOUT THE CLG GRANTS PROGRAM?..................................13
WHERE CAN I GET MORE INFORMATION? ........................................14
APPENDIX A: APPLICATION MATERIALS.............................................15
APPENDIX A: APPLICATION MATERIALS.............................................16
CERTIFICATION APPLICATION CHECKLIST............................................................................... 16
APPLICATION FOR CERTIFIED LOCAL GOVERNMENT CERTIFICATION .................................. 17
CLG CERTIFICATION APPLICATION ATTACHMENTS.............................................................. 19
STATEMENT OF COMMISSIONER QUALIFICATIONS ................................................................ 20
APPENDIX B: SAMPLE RESOLUTION ................................................21
APPENDIX C: SUGGESTED PRESERVATION PLAN/HISTORIC
PRESERVATION ELEMENT OF THE GENERAL PLAN COMPONENTS
...................................................................................................................22
APPENDIX D: SAMPLE CERTIFICATION AGREEMENT .......................23
3
6INTRODUCTION
Preserving important historic properties as reflections of our American heritage became
a national policy through passage of the Antiquities Act of 1906, the Historic Sites Act of
1935, and the National Historic Preservation Act of 1966, as amended (16 1J.S.C. 470)
(NHPA). In part, the NHPA instructed the Federal Government to assist local
governments to expand and accelerate their historic preservation programs 'and
activities. Since enactment of the NHPA, the historic preservation expertise and
activities of local governments have significantly increased. The act, however, provided
no opportunity for local governments to be involved formally in the national historic
preservation program. Lack of formal participation by local governments often meant
that historic preservation issues were not considered until development planning was
well underway. This often resulted in preservation/land development conflicts causing
project delays and increasing costs. In addition, opportunities frequently were lost for
preservation-oriented development that could satisfy both preservation and
development goals.
In recognition of the need to involve local governments in historic preservation, the 1980
amendments to the NHPA provided a specific role for local governments in the national
program by establishing the Certified Local Government (CLG) program. A CLG is a
local government whose local historic preservation program has been certified pursuant
to Section 101 (c) of the NHPA. Any local government is eligible to apply for
certification. Once certified, a local government must be included in the process of
nominating properties to the National Register of Historic Places and will be eligible to
apply to the state for a share of the state's annual Historic Preservation Fund (HPF)
allocation.
What is the Certified Local Government Program?
The 1980 amendments to the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), provided for the establishment of a Certified Local Government (CLG)
Program. The CLG program is a national program designed to encourage the direct
participation of a local government in the identification, registration, and preservation of
historic properties located within the jurisdiction of the local government. A local
government may become a CLG by developing and implementing a local historic
preservation program based on federal and state standards. The CLG program is
administered in California by the State Office of Historic Preservation (OHP).
The CLG program is intended to foster the integration of preservation planning into
other planning processes and ensure that historic resources are identified and
considered in making planning decisions. It is not intended to be another or more
burdensome layer of control, but instead to support good planning practices. The CLG
program encourages the preservation of cultural resources by promoting a partnership
among local governments, the State of California, and the National Park Service (NPS)
4
7which is responsible for the National Historic Preservation Program. Becoming a CLG
can provide local staff and commissions the tools, technical training, and more
meaningful leadership roles in the preservation of the community's cultural heritage.
Local interests and concerns are integrated into the official planning and decision-
making processes at the earliest possible opportunity.
In response to the federal government's 1995 initiative for simplifying the National Park
Service's oversight of the national historic preservation program, the NPS revised 36
CFR 61 to provide each state with greater discretion in carrying out the responsibilities
mandated in the National Historic Preservation Act. Decisions on membership
requirements for local preservation commissions are left entirely to the states. The
requirement that local preservation commissions consult outside professionals in certain
instances is eliminated.
Who Can Apply for Certified Local Government Status?
Any local government is eligible to apply to the State Historic Preservation Officer
(SHPO) for certification. A local government is any general purpose political subdivision
of California such as a city, county, or city/county; or any other general purpose political
division of the state with the exception of regional commissions, councils of
governments, and special districts. It is important to be aware that certification pertains
to the entire local government and its agencies, not simply to the preservation
commission that serves the local government.
When Are CLG Applications Accepted?
Local governments may apply for CLG status at any time. However, in order to apply for
grants through the CLG program, a local government must be certified prior to the grant
application deadline which is usually the last week of April. Note that the CLG grant
application process is separate from the certification application and requires
completion of a grant application form.
What are the Procedures for Certification?
Prior to submitting an application or obtaining the elected officials’ authorization, OHP
encourages the local government representative to consult with the Local Government
Unit of the California State Office of Historic Preservation and submit a draft application
for a preliminary review to ensure that the local government’s preservation program
meets the state requirements and National Park Service CLG program criteria.
Once the draft application has been approved, the chief elected official of the local
government applying for CLG status shall request certification from the California State
5
8Historic Preservation Officer (SHPO) in writing. The official request for certification shall
include the Certification Application Checklist, CLG Certification Application Form, and
CLG Certification Application Attachments found in Appendix A.
Within forty-five (45) days of receipt of an adequately documented application, the
SHPO shall review the certification application. If certification is recommended, the
SHPO will forward a Certification Agreement to the local government for signature. The
Certification Agreement shall identify the required responsibilities of the local
government when certified. SHPO concurrence, which shall include a copy of the
signed certification agreement and a signed review checklist, shall be forwarded to NPS
for final review and approval as a CLG. NPS has final approval to certify local
governments as CLGs; their date of approval is the effective date of certification.
Why Become a Certified Local Government?
What does certification mean? What’s in it for the local jurisdiction? Why would you
want to associate your local preservation program with state and federal programs?
Does certification create additional state or federal oversight or control over local
programs?
Credibility: The National Historic Preservation Act (NHPA), passed in 1966, built upon
established preservation practices. The NHPA created the National Register of Historic
Places; its criteria are widely recognized and they have been tested legally (reviewed,
refined by adoption into regulations, tested and upheld in courts). Amendments to the
NHPA created the CLG program. The Secretary of the Interior's Standards and
Guidelines for preservation planning and the identification, evaluation, registration, and
treatment of historic properties were published in 1983. Although the California Register
of Historical Resources is much newer (1992), its criteria and procedures parallel the
National Register.
When your local survey program is consistent with the Secretary of the Interior’s
Standards and Guidelines for Archaeology and Historic Preservation and your
designation criteria are consistent with the National Register and California Register
criteria, you know you are on safe ground. Similarly, use of the Secretary of the
Interior’s Standards for Treatment of Historic Properties provides established criteria for
evaluating projects and granting Certificates of Appropriateness that have stood the
tests of time, reasonableness, and the courts. Consistency with national and state
regulations and established preservation practices insulates the local preservation
program from charges of being arbitrary and capricious. Becoming a CLG provides the
local program the added value of prestige and cachet.
Technical Assistance: OHP provides technical assistance, training, workshops, and
consultation services to CLGs. A perquisite for becoming a CLG is access to a listserv
hosted by the OHP. Membership to the listserv is limited to SHPO staff, CLG
coordinators, members of CLG boards/commission, and other interested staff in the
6
9CLG. It is a communication and networking tool that offers the Office of Historic
Preservation and CLGs the opportunity to submit suggestions or questions to other
members of the listserv. SHPO staff also uses the listserv to forward information about
training opportunities, publications, grants, and a variety of technical assistance to
CLGs.
Streamlining: The use of the National Register/California Register criteria and the
Secretary of the Interior Standards integrates local, state, and federal levels of review. It
brings clarity to the question of what resources are significant when it comes to CEQA
and Section 106 of the National Historic Preservation Act. Adopting the Secretary of the
Interior’s Standards will allow the use of categorical exemptions under CEQA, and likely
result of findings of no adverse effect under Section 106. The use of these criteria and
standards make environmental review faster, more efficient, and reduces costs and
delays.
Involvement: The CLG program brings local preservation boards and commissions
into broader local land use planning and project approval processes. CLGs have the
responsibility to involve their boards/commissions in the CEQA and Section 106 review
process, as well.
Funding: Each state is required to pass through 10% of its annual Historic
Preservation Fund grant from the National Park Service to CLGs to fund their
preservation activities. California has chosen to make this money available to CLGs for
a wide variety of preservation planning activities through a competitive grant program.
This funding is not a large amount – grants range between $5000 and $25,000 – but it
can support important activities including completion of a preservation element or plan,
developing a historic context, conducting a survey, preparation of a National Register
district application, or the update of an ordinance. Work funded by a CLG grant is
expected to conform to state and federal standards.
Autonomy: When your local government decides to become a CLG, it agrees to carry
out the intent of the NHPA and the Secretary of the Interior's Standards. Recognizing
that individual local governments and individuals employed by those local governments
often do not have all the background, training, and skills to achieve a good balance
between development and preservation, SHPO reviews the structure and processes of
the local preservation program, and may comment on or make suggestions about
strategies a local government can use to accomplish its goals and objectives. Beyond
that, neither the NPS nor SHPO have any regulatory authority over local governments.
Neither the NPS nor SHPO dictate the content of historic preservation plans or
ordinances; neither the NPS nor SHPO review nor is their approval needed prior to the
selection and appointment of individual local preservation commissioners by local
government officials. In no way is the autonomy of a local government decreased by
becoming a CLG. However, a CLG may be decertified if it establishes policies or adopts
practices that violate the intent of the National Historic Preservation Act.
7
10Economic Benefits: Although there are no direct economic benefits to being a CLG
other than the opportunity to compete for CLG grants, your CLG's commitment to
historic preservation does result in multiple economic benefits to the community. Where
preservation is supported by local government policies and incentives, designation can
increase property values and pride of place. Revitalization of historic downtowns and
adaptive reuse of historic districts and buildings conserves resources, uses existing
infrastructure, generates local jobs and purchasing, supports small business
development and heritage tourism and enhances quality of life and community
character.
Preserve America: Because CLG status indicates a community’s commitment to
historic preservation at the local level, it makes the local government a prime candidate
to become a Preserve America community and streamlines the application process.
Preserve America is a national initiative that recognizes and designates communities,
including neighborhoods in large cities that protect and celebrate their heritage, use
their historic assets for economic development and community revitalization, and
encourage people to experience and appreciate local historic resources through
education and heritage tourism programs. In addition to White House recognition and
local signage, Preserve America communities are eligible for federal grants to support
community efforts to demonstrate sustainable uses of their historic and cultural sites
and the economic and educational opportunities related to heritage tourism. OHP does
not administer the Preserve America program. However, Preserve America Applicants
are required to consult with the SHPO as part of the application process.
What are the Requirements for Certification?
FIVE BASIC PROGRAM REQUIREMENTS
The chief elected official of the local government must submit an application to the
SHPO requesting certification. Local governments may be certified to participate in the
CLG program by complying with the five minimum responsibilities of a CLG. Local
governments must:
• Enforce appropriate state and local legislation for the designation and protection
of historic properties;
• Establish a qualified historic preservation review commission by local law;
• Maintain a system for the survey and inventory of historic properties;
• Provide for adequate public participation in the local historic preservation
program, including the process of reviewing and recommending properties for
nomination to the National Register of Historic Places; and
• Satisfactorily perform the responsibilities delegated to it by the state.
8
11Enforce appropriate state and local legislation for the designation and protection
of historic properties.
CLGs must enact and enforce a local historic preservation ordinance. State enabling
legislation, found at California Government Code Sections 65850, 25373, and 37361,
provides for local jurisdictions to enact appropriate historic preservation legislation.
Additionally, the local legislation shall be consistent with the intent and purpose of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).
Along with other local governments, CLGs must enforce the California Environmental
Quality Act (CEQA) regulations in relation to historical resources, and participate, as
appropriate, in the environmental review of federally-sponsored projects under Section
106 of the National Historic Preservation Act of 1966, as amended.
Designation refers to the identification and registration of both historic and prehistoric
properties for purposes of protection using criteria established by the local government.
Designation requirements and procedures must be consistent with the Secretary of the
Interior’s Standards for Identification and Registration. Adoption of criteria that closely
follows the National Register of Historic Places and the California Register of Historical
Resources is encouraged.
Protection refers to the local review process under local law for proposed demolition of,
changes to, or other action that may affect properties that have been designated
pursuant to the local ordinance. This would not include properties listed on or
determined eligible for the national Register of Historic Places or California Register of
Historical Resources unless those properties were also designated under the local
designation process.
The CLG will prepare a comprehensive local historic preservation plan or preferably, a
historic preservation element in the community’s general plan. The plan or element will
identify preservation missions, goals, and priorities and will establish preservation
strategies, programs, and time schedules. It will also be used to support and justify CLG
grant applications.
The CLG is encouraged to adopt and implement the Secretary of the Interior’s
Standards and Guidelines for Archeology and Historic Preservation relevant to CLG
need and activities (www.nps.gov/history/local-law/arch_stnds_0.htm).
Establish a qualified historic preservation review commission by local law.
A qualified historic preservation review commission means a board, council, committee,
commission or other similar body established by local legislation whose primary
purpose is historic preservation and whose membership includes a minimum of five (5)
individuals, all of who have a demonstrated interest in, competence or knowledge in
historic preservation.
9
12
Members must be appointed by the chief elected official of the jurisdiction, unless
otherwise provided by local legislation. The appointing authority shall make interim
appointments to fill unexpired terms in the event of vacancies occurring during the term
of members of the commission within sixty (60) days.
To the extent available in the community, the CLG will appoint a minimum of two
professional members from the disciplines of architecture, history, architectural history,
planning, archeology, or other historic preservation related disciplines, such as urban
planning, American studies, American civilization, cultural geography, or cultural
anthropology. Local governments can be certified without this minimum professional
qualified membership if they can demonstrate they have made a reasonable effort to fill
those positions.
When a relevant historic preservation discipline is not represented in the commission
membership, the commission shall be encouraged to draw upon such expertise in this
area when considering National Register nominations requiring the application of such
expertise.
The commission must meet a minimum of four times per year and each commissioner
must attend annually at least one training session that meets the requirements of the
CLG program. CLG commissioners and staff should develop training requirements that
meets the needs of local historic preservation programs.
The commission is the local governmental entity responsible for preparing and
submitting an annual report to the SHPO each year. The format and content the most
recent annual report is available on the SHPO’s website
(www.ohp.parks.ca.gov/?page_id=21239).
Maintain a system for the survey and inventory of historic properties
Because historical contexts and surveys are the foundation of preservation planning,
CLGs must develop or have in place a system for identifying, evaluating, inventorying,
and registering historical and cultural resources within their jurisdiction,
Upon certification, CLGs will forward to the SHPO copies of all pre-existing survey and
inventory information.
Surveys carried out by or at the direction of a CLG are expected to meet the Secretary
of the Interior’s Standards and Guidelines for Identification and Evaluation, and use
State-approved inventory forms (DPR 523 series) and/or electronic data standards to
ensure that the data can be integrated into the statewide California Historical Resources
Information System (CHRIS). (This policy does not apply to survey data produced
before the effective date of CLG certification.)
10
13Evaluative criteria must be consistent with the National Register of Historic Places and
the California Register of Historical Resources, and conform to the Secretary of the
Interior’s Standards for Identification and Evaluation. (This policy does not apply to
survey data produced before the effective date of CLG certification.).
Communities which have conducted surveys in the past must periodically update their
survey data as new resources become eligible for consideration, or when older surveys
warrant re-examination over time. CLGs are required to submit survey updates and new
surveys to OHP for inclusion in the statewide database.
The CLG commission shall establish internal procedures to facilitate the use of survey
results in the planning process by the CLG officials and departments. The commission
shall submit survey results to the local government for adoption, then forward to OHP.
Copies of the survey results must be made available to the public, with the exception of
certain sensitive historic and prehistoric sites and should be on deposit at the local
planning department, building and safety office, public works department, and
redevelopment agency. Local libraries, colleges, and historical societies should also
receive copies. SHPO will make copies available for the appropriate CHRIS regional
center.
Provide for adequate public participation in the local historic preservation
program
Public participation is an integral feature of any preservation program and the CLG shall
provide opportunities for public participation in all CLG programs and activities.
The CLG will encourage public participation at commission meetings. All local
preservation commission meetings must be open to the public and meet the
requirements of the Ralph M. Brown Act for open meetings (California Government
Code Section 54950 et seq.). Meeting agendas and minutes of commission meetings
must be publicly available.
Public participation shall be encouraged in the CLG’s survey program at all levels of
responsibility to identify and inventory significant cultural resources. Survey results shall
be a public record and on file at a public institution, with the exception of archeological
and other sensitive sites.
The local government must provide for public participation in the CLG’s process for
evaluating properties for nomination to the National Register of Historic Places.
The CLG shall encourage the public to participate in the review of projects and
undertakings subject to the California Environmental Quality Act and Section 106 of the
National Historic Preservation Act.
11
14Satisfactorily perform the responsibilities delegated to it by the state
The CLG must have the legal authority to fulfill the minimum requirements specified in
this application manual.
At the discretion of the SHPO and with mutual written agreement with the local
government, or by federal mandate from the National Park Service, additional
responsibility may be delegated to the CLG.
ADDITIONAL REQUIREMENTS.
National Register Nominations
The CLG has the obligation to participate in the nomination of properties to the National
Register of Historic Places pursuant to Section 101 (c)(2)(A) of the National Historic
Preservation Act: “Before a property within the jurisdiction of the certified local
government may be considered by the State to be nominated to the Secretary [of the
Interior] for inclusion on the National Register, the State Historic Preservation Officer
shall notify the owner, the applicable chief local elected official, and the local historic
preservation commission. The commission, after reasonable opportunity for public
comment, shall [emphasis added] prepare a report as to whether or not such property,
in its opinion, meets the criteria of the National Register.”
Annual Reviews
In order to maintain certification, CLGs are required to submit reports annually that
detail their historic preservation programs’ accomplishments and actions. The annual
reports cover the federal fiscal year, October 1 – September 30. Each CLG is sent a
reminder letter and the annual report format. The CLG must have submitted an annual
report for the previous reporting period in order to be eligible to submit a CLG grant
application. Although the majority of the report format remains fairly constant, some
changes may occur from year to year. The format for the most recent annual report is
posted on SHPO’s website (www.ohp.parks.ca.gov/?page_id=21239).
Decertification
In order to remain a CLG the local government must continue to meet the minimal
requirements of the program and to meet the performance standards specified in the
CLG certification agreement.
The SHPO may recommend decertification to the National Park Service if all of the
following conditions have been met:
• The SHPO determines that a CLG’s performance does not meet the performance
standards specified in the Certification Agreement; and
12
15• The SHPO specifies to the CLG in writing ways to improve performance with a
period of time by which deficiencies must be corrected or improvements must be
achieved; and
• After the period of time stipulated by the SHPO, the SHPO determines that there
has not been sufficient improvement.
Failure to perform acceptably under a Historic Preservation Fund grant is not in itself
sufficient grounds for decertification. The SHPO must notify the CLG in writing prior to
or at the time of its recommendation to NPS for decertification. The notification must
state the specific reasons for the proposed decertification, describe the SHPO’s
technical assistance efforts, and affirm that the SHPO will notify the CLG of the NPS
concurrence with the decertification.
The SHPO may also recommend decertification if a CLG requests in writing to be
decertified. The SHPO must forward a copy of the CLG’s letter as an enclosure to the
SHPO’s request to decertify the CLG.
lf the CLG had been delegated Section 106 responsibilities in its jurisdiction by the
State, and a Programmatic Agreement had been executed by the Advisory Council on
Historic Preservation (ACHP), then the SHPO must notify the ACHP that the CLG has
been decertified.
The effective date of decertification is when the National Park Service concurs in writing
with the SHPO’s recommendation to decertify the CLG. If the local government wishes
to become recertified it must reapply for certification.
What about the CLG Grants Program?
OHP is required by federal law to pass through at least 10% of its annual Federal
Historic Preservation Fund (HPF) allocation to Certified Local Governments for historic
preservation planning projects and programs which promote the identification,
evaluation, nomination, and preservation of their communities' significant cultural
resources and are consistent with the Statewide Historic Preservation Plan. Bricks and
mortar projects are not eligible.
The annual grant cycle begins with the notification to all CLGs of the funding availability
in January of each year. Grant applications are due at the end of April and the recipients
are announced by June. Grant funded projects are to begin October 1 and must be
completed by the following September. CLG grants are awarded on a competitive basis
in amounts from $2,500 - $25,000. Cash or in-kind match is required: 60% Federal/40%
applicant.
The CLG grants program manual and grant application is available on OHP’s website at
www.ohp.parks.ca.gov/?page_id=24493. The grants manual is updated annually to
reflect statewide preservation priorities, Consult the manual for detailed information
13
16about what activities are eligible for funding, the criteria used in awarding the grants,
and the obligations of grant recipients.
Grant-eligible activities include projects such as the following:
• Developing or revising general plan historic preservation elements
• Ordinance revisions
• Developing historic contexts and conducting historic resource surveys
• Preparing National Register of Historic Places district nominations or multiple
property submissions
• Developing archaeological preservation plans
• Developing design guidelines for historic properties
• Developing community-based preservation education and outreach programs
including historic homeowner education. OHP will consider joint proposals with
other local governments to fund a circuit rider staff person to provide technical
assistance to a group of local government preservation programs.
• Preparing historic structure reports/historic structure preservation plan
• Historic Resource information management such as developing a web-based
application to make historic resource information publically available online
CLGs may not use HPF grants for construction or restoration of buildings and
structures, acquisition of historic properties, maintenance or operation of historic
properties, interpretive displays, or purchase of computers or other equipment. CLG
grant funds can not be used as match for any other federal grant or for lobbying
purposes.
Where Can I Get More Information?
If you have any questions about this program, the certification application process, or
the preparation and development of local preservation documents and programs, e.g.,
preparation of a historic preservation ordinance, development of a survey program, etc.,
please contact the Local Government Unit, Office of Historic Preservation, Post Office
Box 942896, Sacramento, CA 94296-0001, phone (916) 653-6624, fax (916) 653-9824.
Information on the Certified Local Government Program is available online at
www.ohp.parks.ca.gov.
Also see Section 101(c)(1) and 9(c)2 of the National Historic Preservation Act of 1966,
as amended (http://www.nps.gov/history/history/online_books/fhpl/nhpa.pdf) and 36
CFR Part 61.6 of the Procedures for State, Tribal, and Local Government Historic
Preservation Programs
(http://edocket.access.gpo.gov/cfr_2005/julqtr/pdf/36cfr61.6.pdf). .
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APPENDICES
Appendix A: Application Materials*
• Certification Application Checklist
• CLG Certification Application Form
• CLG Certification Application Attachments
• Statement of Commissioner Qualifications Form
Appendix B: Sample Resolution
Appendix C: Sample Certification Agreement
Appendix D: Suggested Preservation Plan Model
* Available online in WORD format at
www.ohp.parks.ca.gov/?page_id=24493
15
18Appendix A: Application Materials
Certification Application Checklist
A complete certification application must include the following:
_____ Transmittal letter signed by the Chief Elected Local Official forwarding all
required documents.
_____ Resolution adopted by the elected officials authorizing application for Certified
Local Government status and specifying the name and title of the person
authorized to sign program documents and agreements.
_____ Completed certification application form and application attachments (see pages
17-19).
_____ Resumes and commissioner qualifications forms for each of the members of the
local historic preservation commission/board.
_____ Names, telephone numbers, resumes, and professional qualifications forms for
staff members responsible for administration of the historic preservation program
for the local government.
_____ Organization charts for local government and for department that administers
historic preservation program.
_____ If in process or completed, copies of cultural resources survey(s) performed in
the community, with information on the progress and future intended uses of the
survey.
_____ Copy of the local historic preservation legislation.
_____ Copy of the local historic preservation plan or historic preservation element of the
General Plan.
NOTE: Please read the Application Procedures carefully before completing the
application. Applicants must submit one (1) original, signed application with complete
attachments to:
Local Government Unit
Office of Historic Preservation
1416 Ninth Street, Sacramento, CA 95814
PO Box 942896 Sacramento, CA 94296-0001
(916) 653-6624 phone (916) 653-9824 fax
19
Application for Certified Local Government Certification
Applicant (attach general organization chart)
Local Government
Address
Chief Elected Local Official
Name
Title
Legislative Representatives (list names and district numbers)
California Assembly
California Senate
U.S. Congress
Local Government Contact Person (enclose résumé, professional qualifications, and
departmental organization chart)
Name
Title
Department
Address
Telephone Number
Fax Number
Email Address
Resolution of Local Government (attach)
Date Approved
Authorized
Signature
17
20
Local Commission/Board (Attach a current résumé and commissioner qualification form
for each commission member.)
Name of
Commission/Board
Names and
Professions of
Members
Local Historic Preservation Ordinance or appropriate section(s) of municipal code
(attach)
Name of Document
Date of Enactment
Local Historic Preservation Plan or Historic Preservation Element of General Plan
(attach)
Name of Document
Date of Enactment
Plans to prepare a Plan or Element
if one has not been adopted
Local Government Assurance
I assure the State of California, Office of Historic Preservation, that this government shall
comply with and fulfill all the requirements of the Certified Local Government program.
__________________________________ ___________________________________
Signature of Chief Elected Local Official Printed Name of Chief Elected Local Official
___________________________________ ___________________________________
Title Date
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21CLG Certification Application Attachments
• Provide a narrative summary describing historic contexts developed and past
and current historic resource survey activities, including type of survey
(reconnaissance or intensive) and percentage of coverage of local jurisdiction.
Additionally, provide information regarding future survey plans and how they will
conform to the state and federal standards for surveys.
• Provide a narrative summary of current historic preservation program activities
performed by the local government. For example, local designation programs,
educational/outreach programs, design review, etc.
• Provide a narrative summary explaining any new or additional historic
preservation program activities that will be carried out as a result of becoming a
CLG.
• Provide a narrative summary which explains the current functions,
responsibilities, and authority of the local review commission/board.
• Provide a narrative summary describing economic incentive or other benefits
offered by the local government to owners of historic properties.
• Provide a narrative summary describing how review of projects affecting
historical resources in the local government jurisdiction is carried out under the
California Environmental Quality Act and Section 106 of the National Historic
Preservation Act.
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22
Statement of Commissioner Qualifications
Local Government ________________________________________________
Name of Commissioner ____________________________________________
Date of Appointment _______________ Date Term Expires _____________
Certified Local Government procedures require local commissions to meet specific
professional requirements. The commission shall include a minimum membership of
five individuals with all members having demonstrated interest, competence, or
knowledge in historic preservation. At least two Commission members are encouraged
to be appointed from among professionals in the disciplines of history, architecture,
architectural history, planning, pre-historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related disciplines,
such as urban planning, American studies, American civilization, or cultural geography,
to the extent that such professionals are available in the community. Commission
membership may also include lay members who have demonstrated special interests,
competence, experience, or knowledge in historic preservation
Are you a professional in one of the disciplines associated with historic preservation
listed above?
Yes No
Summarize your qualifying education, professional experience, and any appropriate
licenses or certificates. Attach a resume.
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23Appendix B: Sample Resolution
A resolution passed by the city council or board of supervisors must accompany the
application. Below is a sample resolution which can be adapted to meet local needs.
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL/BOARD OF SUPERVISORS
CITY/COUNTY OF _________________________________
APPROVING THE APPLICATION AND CERTIFICATION AGREEMENT FOR THE
CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM
WHEREAS, the United States Congress under the National Historic Preservation Act of
1966, amended (16 U.S.C. 470), has authorized the establishment of a Certified Local
Government program; and
WHEREAS, the State of California, represented by the State Historic Preservation
Officer, is responsible for the administration of the program within the state and the
establishment of necessary rules and procedures governing the application by local
agencies under the program; and
WHEREAS, said adopted procedures established by the State of California require the
applicant to certify by resolution of the local government's elected officials the approval
of an application prior to submission of said application. to the state;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL/BOARD OF
SUPERVISORS hereby:
1. Approves the filing of an application for certification under the Certified Local
Government Program; and
2. Appoints the (position/title) or authorized deputy as agent of the city to
coordinate, process, and execute all contracts, agreements, amendments, and
ancillary documents within the scope of the attached application for certification.
______________________________________
Mayor/ Board of Supervisors Chair
Attest: Other signatures as appropriate
21
24Appendix C: Suggested Preservation Plan/Historic
Preservation Element of the General Plan Components
The following is a list of ten essential components that should be considered or
addressed in every formal preservation plan or historic preservation element of the
General Plan:
1. Statement of historic and/or archaeological preservation goals in the community, and
the purpose of the preservation plan.
2. Definition of the historic and/or archaeological character of the community. Are there
one or more historic contexts which are important in the development of your
community?
3. Summary of past and current efforts to preserve the community's character.
4. A survey of historic and archaeological resources in the community, or a definition of
the type of survey that should be conducted in communities that have not yet
completed a survey.
5. Explanation of the legal basis for protection of historic and archaeological resources
in the community.
6. Statement of the relationship between historic and archaeological resources
preservation and other local land-use and growth management authorities, such as
the zoning ordinance.
7. Statement of the public sector's responsibilities towards city- or county-owned
historic and archaeological resources, and for ensuring that public actions do not
adversely affect those resources.
8. Statement of incentives that are, or should be, available to assist in the preservation
of the community's historic and archaeological resources.
9. Statement of the relationship between historic preservation and the community's
educational system and program.
10. A precise statement of goals and policies, including a specific agenda for future
action to accomplish those goals.
The above elements are based upon a publication, Preparing a Historic Preservation
Plan by Bradford J. White and Richard J. Roddewig. A copy may be obtained from APA
Planners Bookstore at www.planning.org/apastore/Search/Default.aspx?p=2378 .
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25 23
Appendix D: Sample Certification Agreement
The local government and State of California must execute a Certification Agreement
that identifies the specific responsibilities of the local government. This document will be
prepared by the OHP and presented to the local government for concurrent signatures
Sample Certification Agreement
Pursuant to the provisions of the National Historic Preservation Act, as amended, to
applicable federal regulations (36 CFR Part 61), and to the State of California’s Certified
Local Government Program Application and Procedures (Application and Procedures),
the City [or County] of ________________________agrees to:
1. Enforce appropriate legislation for the designation and protection of historic
properties; maintain an adequate and qualified historic preservation review commission
composed of professional and lay members; maintain a system for the survey and
inventory of historic properties; and provide for adequate public participation in the
historic preservation program including the process of recommending properties to the
National Register of Historic Places, pursuant to the Application and Procedures.
2. Enforce its historic preservation ordinance and CEQA procedures as it relates to the
consideration of historical resources. The Participant shall consult with the SHPO for
any amendments or revisions to said ordinance prior to making such changes.
3. Submit to the SHPO an annual report, pursuant to 36 CFR 61.5(e)(5), consistent with
the report guidelines published by the SHPO.
4. Adhere to requirements outlined in the State of California Certified Local Government
Application and Procedures.
The State Historic Preservation Officer (SHPO) shall:
1. Inform the Participant of the annual availability of National Historic Preservation Fund
grants, for which the Participant is eligible as a Certified Local Government, to compete.
2. Provide information, technical assistance, and opportunities for training to the CLG.
3. Review and provide comments on proposed ordinance changes.
Upon its designation as a CLG, [enter local government name] shall be eligible for all
rights and privileges of a Certified Local Government specified in the National Historic
Preservation Act and procedures of the State of California, including eligibility to apply
for available CLG grant funds in competition with other CLGs.
26Requirements
(Excerpt from Appendix G, Certified Local Government Application and Procedures,
August 1999, pp 41-47.)
Local governments may be certified to participate in the CLG program by complying
with the following requirements:
I Enforce appropriate state or local legislation for the designation and protection of
historic properties:
A. State enabling legislation provides for local jurisdictions to enact appropriate
historic preservation legislation. California Government Code Sections
65850, 25373, and 37361 enable city and county legislative bodies to provide
for “the protection, enhancement; perpetuation, or use of places, sites,
buildings, structures, works of art, and other objects having a special
character or special historical or aesthetic interest or value.”
B. Local governments must adopt local historic preservation ordinances with
provisions to enforce the designation and protection of historic and
archeological resources.
C. The local legislation shall be consistent with the intent and purpose of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470).
D. The CLG will adopt a historic preservation plan or a historic preservation
element for the local jurisdiction's General Plan, as authorized by the
California Government Code, prior to or upon applying for a CLG grant.
E. The CLG commission will participate in the environmental review of specific
federally sponsored projects, such as community development programs
involving HUD Block Grant funds unless it is determined by OHP that the
necessary expertise is not available to the local government. The CLG will
establish programmatic agreements with the state agreeing to ensure
compliance with Section 106 provisions of the NHPA.
F. The CLG commission will participate in the environment review of local
projects in accordance with the requirements under the California
Environmental Quality Act (CEQA). The commission may review and
comment on permit actions affecting significant listed historic properties and
other resources eligible for listing, in accordance with local ordinance
requirements and with CEQA. Procedural guidelines should include
standards for demolition stays, design review criteria, anti-neglect
requirements, and appeal strategies.
II Establish an adequate and qualified historic preservation review commission by
local law:
A. The commission shall include a minimum membership of five (5) individuals
with all members having demonstrated interest, competence, or knowledge in
historic preservation.
B. At least two (2) Commission members are encouraged to be appointed from
among professionals in the disciplines of history, architecture, architectural
ATTACHMENT 4
27history, planning, pre-historic and historic archeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines, such as urban planning, American studies, American civilization,
or cultural geography, to the extent that such professionals are available in
the community. Commission membership may also include lay members who
have demonstrated special interests, competence, experience, or knowledge
in historic preservation.
C. A local government may be certified without the minimum number or types of
disciplines established in state procedures if it can be demonstrated to the
satisfaction of the state that it has made a reasonable effort to fill those
positions, or that some alternative composition of the commission best meets
the needs of the protection of historic properties in the local community.
D. Commission members shall be appointed by the chief elected local official,
city council, or board of supervisors consistent with the provisions of the
preservation ordinance. The appointing authority shall make interim
appointments to fill unexpired terms in the event of vacancies occurring
during the term of members of the commission. The appointing authority
shall also act within sixty (60) days to fill a vacancy. Terms of office of the
commission members shall be according to the local preservation ordinance.
E. The commission shall meet at least four times a year, with meetings held in a
public place, advertised in advance, and open to the public, pursuant to the
Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings.
Written minutes of commission meetings shall be kept on file, available for
public inspection, and submitted to the state as a part of the CLG Annual
Report.
F. Each commission member is required to attend at least one informational or
educational meeting, seminar, workshop, or conference per year that pertains
directly to the work and functions of the commission and would be approvable
by the state. The CLG Regional Workshops sponsored by the OHP are
important sources of information. The annual State Historic Preservation
Conference generally provides special sessions devoted to the issues,
objectives, and responsibilities of commissions. Commissions may also bring
in professionals to provide training on site.
G. An annual report of the activities of the commission shall be submitted to the
state at the end of each calendar year. The reports shall include, but not be
limited to, such information as narrative summary of accomplishments,
summaries of new and corrected survey activities, number of properties
designated under local ordinance in relation to inventory for community,
summaries of National Register applications reviewed, summaries of
historical contexts prepared, number of federal tax certifications reviewed,
number of properties on which design review was held, number of properties
on which environmental project reviews were conducted, property owners of
Mills Act contracts approved, summarization of local preservation activities,
list of local landmark designations, description of public education activities,
lists of commission members and resumes, list of staff and resumes, detailed
listing of commission and staff training received, commission attendance
2
28records, summary of changes in preservation laws, summary of adoption or
updates of historic preservation plan or historic preservation element of your
community's General Plan, commission meeting minutes and agendas, and
other pertinent activities performed by the commission.
III Maintain a system for the survey and inventory of historic properties:
The CLG shall be responsible for organizing, developing, and administering an
inventory of cultural resources within the entire spatial jurisdiction of the CLG.
A. The commission shall develop procedures for conducting an inventory of
culture resources. Survey activities shall be coordinated with and
complementary to the state program to ensure that survey results produced
by the CLG will be readily integrated into the statewide comprehensive
historic preservation planning process.
1. The CLG shall be responsible for overseeing the compiling, recording, and
updating of inventory information on cultural resources within its
jurisdiction. The information shall be based on comprehensive surveys
conducted in conformance with state survey standards and procedures.
Surveys completed prior to the certification of a local government may be
re-evaluated in accordance with state standards and may be submitted for
inclusion in the State database.
2. As part of any ongoing survey effort, procedural requirements must allow
for periodic update of survey results as buildings gain maturity and as new
areas are incorporated or annexed by the CLG.
3. The commission must adopt state guidelines for conducting its inventory
of historic properties. State-approved inventory forms (DPR-523, A-L) and
the OHP's Instructions For Recording Historical Resources shall be used
to facilitate integration into the state electronic data system and for
statewide comprehensive historic preservation planning purposes. Dimitri
software is available for the DPR 523 forms.
4. Standards for the evaluation of properties must be consistent with the
National Register of Historic Places criteria.
A. The commission shall establish internal procedures to facilitate the use of
survey results in the planning process by the CLG officials and departments.
The commission shall submit survey results to the local government for
adoption, then forward to OHP. Copies of the survey should be on deposit at
the local planning department, building and safety office, public works
department, and redevelopment agency. Libraries, colleges, and historical
societies should also receive copies. OHP will make copies available for the
appropriate “California Historical Resources Information System” regional
center. See IV(A)(2) below for public access requirements.
IV Provide for adequate public participation in the local historic preservation
program:
A The CLG shall provide opportunities for public participation in all
responsibilities delegated to the CLG, in accordance with appropriate
regulations, standards, and guidelines.
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291. Public participation shall be fully encouraged at local commission
meetings. Commission meetings shall be open to the public, with
published agenda and minutes in accordance with the Ralph M. Brown
Act (G.C. Section 54950 et seq.) for open meetings. The published
agenda shall be mailed in advance of meetings to individuals and citizen
organizations interested in the commission’s activities.
2. Public participation shall be fully encouraged in the performance of the
historic survey program at all levels of responsibility to identify and
inventory significant cultural resources in the jurisdiction of the CLG. The
public can serve as volunteers to assist in the survey effort. Survey
results shall be of public record and on file at a public institution, except in
the case of sensitive resources, e.g., archeological sites subject to
vandalism.
3. Public participation shall be fully encouraged in the nomination process for
the National Register of Historic Places program. The CLG shall invite
comments from the general public regarding National Register
nominations.
4. Public participation shall be fully encouraged in all public hearings on
projects related to CEQA and Section 106 processes.
V Satisfactorily perform the responsibilities delegated to the CLG:
A. The CLG shall prepare a comprehensive local historic preservation plan
which would identify preservation missions, goals, and priorities. The plan
would also establish preservation strategies, programs, and time schedules.
B. The CLG will participate in the review and comment on historic preservation
certification applications for tax incentives. The CLG and state may establish
procedures for implementation of the investment tax credit program at the
local level in conformance with the Secretary of the Interior's Standards for
Historic Preservation.
C. Each CLG must have a local historic preservation plan prior to or upon
becoming a CLG before any additional grant applications will be considered.
The state shall monitor and evaluate the performance of the CLG for
consistency with the identification, evaluation, and preservation priorities of
the comprehensive state historic preservation planning process.
1. Annual Review of CLGs:
The State shall conduct an annual review of CLGs to assure that each
government continues to meet the minimal requirements and is
satisfactorily performing its responsibilities. As part of this review, the
state shall examine the annual reports submitted by the CLGs, records of
the administration of funds allocated from the HPF, and other documents
as necessary. The CLG shall make these records available to the state.
A more thorough review and site visit to the Certified Local Government
will occur at least once every three (3) years.
2. Procedures for Decertification:
If the state evaluation indicates that the CLG no longer meets the minimal
requirements or that in any other way a CLG's performance is not
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30satisfactory, the state shall document that assessment and recommend to
the local government steps to bring its performance up to a satisfactory
level. The CLG shall have a period of not less than 30 nor more than 180
days to implement improvements; If the state determines that sufficient
improvement has not occurred, the state shall decertify the local
government, citing specific reasons for the decertification. Performance
shall be deemed unsatisfactory if one or more of the following conditions
exist or is applicable: a) the commission fails to perform its delegated
responsibilities within established time periods; b) the CLG fails to
coordinate its responsibilities with the state; c) the commission
substantially fails to maintain consistency of its design review decisions
with the Secretary's Standards for Historic Preservation; d) the CLG fails
to maintain a qualified historic preservation review commission
membership; e) the CLG fails to enforce the provisions of the local
preservation ordinance; f) the CLG fails to enforce its CEQA and Section
106 responsibilities; g) the CLG fails to adequately survey historical
resources in its jurisdiction; and h) the CLG fails to comply adequately with
proper fiscal management of HPF grants in accordance with the National
Register Programs Guideline, OMB Circular A-128, and 43 CFR 12.
3. Decertification Appeal:
If the state recommends decertification, the local government may appeal
to the NPS. The NPS has 45 days to respond to the appeal.
4. Decertification Without Prejudice:
CLGs may petition the OHP to be decertified voluntarily and without
prejudice.
5. Financial Assistance Close-out:
The state shall conduct financial assistance close-out procedures
pursuant to the National Register Program Guideline when a local
government is decertified.
VI The CLG shall assume certain responsibilities for reviewing and recommending
properties within its jurisdiction to the National Register of Historic Places.
A. The SHPO shall have the sole responsibility of nominating National Register
properties directly to the Secretary of the Interior (Secretary).
B. The CLG shall establish local procedures for the National Register nomination
process consistent with the requirements in the NHPA, Section 101(c)(2).
1. Before a property within the jurisdiction of a CLG may be considered by
the state to be nominated to the National Register, the state shall notify
the owner, the applicable chief elected local official, and the local historic
preservation commission. The commission, after reasonable opportunity
for public comment, shall prepare a report as to whether or not such
property, in its opinion, meets the criteria of the National Register. Within
sixty (60) days of notice from the state, the chief elected local official shall
transmit the report of the commission and his/her recommendation to the
state. After receipt of such report and recommendation, or if no such
report and recommendation are received within sixty (60) days, the state
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shall process the National Register nomination. The state may expedite
such process with the concurrence of the CLG.
2. If both the commission and the chief elected local official recommend that
a property not be nominated to the National Register, the state shall take
no further action, unless within thirty (30) days of the receipt of such
recommendation by the state, an appeal is filed with the state. If such an
appeal is filed, the state shall follow the procedure for making a
nomination pursuant to Section 101(a). Any report and recommendations
made under this section shall be included with any nomination submitted
by the state to the Secretary.
VII By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG. Local governments may be
certified to participate in specific program activities under Programmatic
Agreements.
A. The CLG may develop educational programs promoting historic preservation
at the local level such as, but not limited to, sponsorship of preservation
workshops, publication of preservation information, organizing preservation
fairs, conducting walking tours, preparing preservation curricula for schools,
etc.
B. Commission members may act in an advisory capacity to other officials and
departments within the local government and act as a liaison on behalf of the
CLG to individuals and organizations concerned with historic preservation
issues at the local level.
C. The CLG may participate in the Mills Act program or other economic incentive
programs to provide property-tax relief for owners of historic properties.
D. The CLG may participate in the Marks Historical Rehabilitation Act for
issuance of tax-exempt industrial development bonds, providing that the
commission shall serve as a part of the required citizen advisory board.
E. The CLG may assume certain responsibilities of recommending National
Register of Historic Places properties, identified in the CLG jurisdiction,
directly to the State Historical Resources Commission.
F. By mutual written agreement with the local governing body, the state may
delegate additional responsibilities to the CLG.
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