Atherton extends historic protections Atherton extends historic protections (May 25, 2005)

** The Flood estate fountain may be donated to the town.

By Andrea Gemmet

Almanac Staff Writer

The Atherton City Council is extending an emergency ordinance to protect historic artifacts, buying time for permanent regulations to be drafted.

For the next six months, anyone in Atherton with an object that has potential historic significance -- such as a wall, streetlight or fountain -- must apply for a conditional use permit to move, destroy or alter it.

A list of known historic objects was compiled by the Atherton Heritage Association and provided to town officials.

Amid not-so-subtle threats of litigation and histrionic pleas for property rights and the preservation of the U.S. Constitution -- par for the course when it comes to historic preservation regulations -- council members voted 4-1 in favor of the extension at their May 18 meeting, with Charles Marsala opposed.

It was an unusual move in a town known for imposing fewer restrictions on property owners than, say, Woodside and Portola Valley do.

"While I applaud the idea of preservation, I believe the measure I have read is draconian," said Atherton resident William Grindley.

The interim ordinance passed by the council makes changes to historical items a project subject to the strictures of the California Environmental Quality Act.

Under Atherton's general plan, historic artifacts such as the urns, benches, streetlamps and statuary that dot the Flood estate subdivision are considered "scenic and archeological resources."

However, the town has had no regulations to prevent property owners from selling them, tearing them down or giving them away.

The original, 45-day emergency ordinance was enacted April 20 amid concerns that a relic of the Flood estate, a sizable three-tier fountain at 42 Flood Circle in the Lindenwood neighborhood, was threatened by a prospective owner's development plans.

The property's impending sale lent urgency to a proposal to protect the town's historic artifacts that the council had been mulling over since February.

Though there were only eight people who spoke at the May 18 meeting, it was a standing-room-only crowd gathered in the town's small council chambers.

Council members did their best to keep the discussion focused on the big picture of the ordinance and avoid specific discussion about the fate of the fountain.

Although they admonished the public not to discuss the fountain, council members themselves were unable to avoid the temptation to talk about it. That may have been because the seller, Fred Chapman, the son of 42 Flood Circle's late owner Virginia Chapman, made a written offer to donate the fountain to the town, plus "a sizable amount of money" toward its relocation. The sale of the property is pending.

"Mr. Chapman offered to put up $100,000. I think we have a win-win situation," said Mr. Marsala. "I say we vote down the ordinance and have staff advise us as to whether we can accept the donation."

Mr. Chapman, for his part, decried the ordinance, calling it an expensive nuisance for property owners, a litigation risk, and a violation of constitutional protections and American democracy. He accused the council of making a "reckless and arrogant repudiation of basic principles for a few baubles."

Councilwoman Kathy McKeithen said that after hearing the comments, she had to wonder if people were looking at the same ordinance that she was.

"None of us up here is a historic expert," she said, referring to her colleagues on the council dais. The interim ordinance would give town officials time to get expert advice before drafting any permanent regulations, she said.

Councilman Alan Carlson said he wanted to see the issue fast-tracked, and requested that the interim ordinance only last six months, rather than the 10 1/2 months allowed by law.

By requiring conditional use permits, the town has established a process for people to go ahead with plans that affect historic resources in the meantime, he said.

"It's no different than when somebody wants to cut down a heritage tree or build a house 2 feet higher than (is allowed) in the ordinance," Mr. Carlson said.

The City Council directed town staff to discuss the donation of the Flood estate fountain and make a recommendation as to whether the town should accept it, and if necessary, schedule a special City Council meeting about it before the next regular meeting in June.

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