Is historic preservation being used as a tactic to bypass California housing laws?

On Nov. 17, 2023, George Aviet, the owner of Chez TJ, looked into a mirror at his restaurant in Mountain View, Calif. The reflection showed his concerns as he recalled the struggles he faced when a historic designation threatened his plans to build a five-story building on the site of his Michelin-starred restaurant. Aviet’s intended to move his historic 1894 building across the street and reopen the restaurant in a new building. However, concerned neighbors petitioned to add his building to the California Register of Historic Resources, which was approved by the state commission and prevented him from pursuing his plans.

In a similar vein, residents of the leafy Baywood neighborhood in San Mateo grappled with a proposal for a historic district, aiming to resist higher density amid new housing reform. The historic designation would exempt the neighborhood from state housing laws aimed at creating more housing and allow developers to bypass a city’s approval process.

Senator Scott Wiener, a leader on legislation to spur housing development, expressed concerns about gaming historic preservation to evade state housing laws. On the other hand, preservationists leading these movements argue that the exemption of historic resources from the housing reform bills is meant to preserve communities’ unique character.

The issue raises a broader question about how much from the past should be protected as the state builds for its future. While historic designation doesn’t necessarily prevent new development, it adds more hurdles for developers to clear and goes against the purpose of the streamlining bills put in place to expedite housing projects.

The ongoing application for a historic designation in Baywood has become a point of contention in the neighborhood, with critics viewing the effort as led by a small group whose actions will impact homeowners across the entire neighborhood. San Mateo Mayor Amourence Lee opposes the idea, stating that most homeowners in the neighborhood have no idea that the application is happening.

As California strives to build the 2.5 million homes needed to address the state’s housing shortage, the balance between historic designations and other housing priorities remains a critical issue. The criteria for earning historic designation are broad and sometimes nebulous, making the process a lengthy and contentious one.

In response to cities restricting the implementation of new housing reforms through historic preservation, Attorney General Rob Bonta has ramped up enforcement of California’s housing laws, addressing concerns raised by some cities’ actions. Overall, the conflict between historic preservation and the need for more housing continues to be a complex and controversial issue across California.

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