UPDATE: 4:30 4/30/2010
Patrick Kolasinski has posted his review of the SHRC meeting.
The nomination is an interesting one, because (unlike most historic resources), the mall is a) less than 50 years old, b) subject to an unusual ownership situation, and c) incredibly controversial. The mall was built in 1964 as part of an attempt to revitalize Fresno’s then-declining downtown. It was apparently the first project of its kind in California, and served as a guide for later projects such as Santa Monica’s 3rd Street Promenade, Sacramento’s K Street, and Modesto’s 10th Street Place.
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This is a good spot for a quick note here about the role of the SHRC in the nomination process. The SHRC does not actually list things on the National Register. That job falls to the Keeper of the National Register (usually called just “the Keeper”), who works for the National Parks Service. Instead, the SHRC reviews nominations to determine whether the nominated resources meet the criteria for listing on the National Register. If the SHRC determines that the resource does meet the criteria, it makes a finding of eligibility and passes the whole thing on to the Keeper. Usually, the SHRC also sends along a recommendation that the property be listed, but not always: the SHRC’s primary job in the process is to serve as a “gatekeeper” so that the Keeper isn’t flooded with tons of unworthy nominations.
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The objections raised were clear, succinct, and almost entirely procedural.
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Time for another side note: owner opposition is an important consideration because a property cannot be listed on the National Register over the opposition of a majority of the owners. If a property is found to be eligible but the majority of the owners object to the listing, the Keeper will state that the property has been “formally determined to be eligible,” but will not include the property on the National Register. The property will, however, be automatically included in the California Register, as any property “formally determined to be eligible” for the National Register gets automatically listed on the California Register, regardless of whether it is actually listed nationally. Listing on the California Register triggers nearly all of the same environmental protections under state law (the California Environmental Quality Act, or CEQA), but there are some differences.
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Commissioner Rick Moss caught everyone’s attention with a single, clear observation. He noted that there had not been a single bit of opposition to the determination that [Fulton] Mall is actually eligible for listing on the National Register. Commissioner Moss noted the importance of procedure, but he focused the Commission on the fact that the SHRC’s core goal here was to determine whether or not the property was eligible, and that this was a separate determination from the procedural one that everyone was focusing on.
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Commission Chair Polanco called for a motion, which was made by Commissioner Moss, seconded by Commissioner Bryan K. Brandes, and voted on unanimously by the whole commission. There were no dissenting votes and no abstentions, and the final decision was clear: the SHRC voted to find [Fulton] Mall eligible for listing on the National Register. Because the Commission could not determine that the Mall should in fact be listed (as there was no way to tell whether enough owners had object to block the listing), the Commission did not issue a recommendation on that front.The next step will be for the nomination to be forwarded to the Keeper, who will make a determination of eligibility. It appears most likely that the Keeper will formally determine that the Mall is eligible for the National Register, and so it will almost certainly be listed on at least the California Register (and possibly in both places).
And at 2pm the Fresno Bee posted their article on the subject. Their editorial board had already came out in opposition to historic listing on the Mall. This article is consistent with that opinion.
Breaking News: 11:40 pm 4/30/2010
From historic preservation attorney, Patrick Kolasinski, today we learned that the California State Historic Resources Commission voted unanimously to determine the Fulton Mall eligible for the National Register of Historic Places listing. The announcement of this news came via Patrick’s twitter feed: @patkickinlaw
See the updates below. Patrick will be blogging about it, so check back here for updates and more details. The Law Offices of Patrick Kolasinski provide focused and individual legal assistance in the areas of Business Formation and General Business Law, Historic Preservation, and Personal and Business Bankruptcy.
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If you have been following the developments, you would know that the City of Fresno Historic Preservation voted 4 to 1 that the Fulton Mall was eligible for historic designation. However, it voted unanimously, not to recommend the Mall to the National Register. Also, the Mayor’s office and Fresno City Council opposed the historic designation. Here is a PDF ot the mayor Ashley Swearengin’s letter to SHPC.
I believe the next step will be a national level meeting, I’m sure the experts will elaborate below.
What are your thoughts?
Make sure you check out the Cinco de Mayo celebration on the Fulton Mall this weekend. It is going to tens of thousands of people, good food and good music. Here is more info.
