Loading...
HomeMy WebLinkAbout71.57 ORDINANCE NO. 71. 57 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING VARIOUS SECTIONS IN CHAPTER 13 OF THE CITY CODE RELATING TO HERITAGE PRESERVATION The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Paragraph (h) of Section 13-05.020 in Article 13-05 of the City Code is amended to read as follows: "(h) Heritage resom'ce means any public or private property designated by the City, pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory." SECTION 2: Paragraph (i) of Section 13-05.020 in Article 13-05 of the City Code is renumbered to Paragraph (j) and a new (i) is added to said Section, to read as follows: "(i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district." SECTION 3: Section 13-10.010 in Article 13-10 of the City Code is amended to read as follows: ~13-10.010 Creation; qualification and resideney of members There is hereby established a Heritage Preservation Commission consisting of seven unpaid members who shall be appointed by the City Council, with the following qualifications: (a) One member who shall have been a candidate nominated by the Saratoga Historical Foundation. (b) Two members who, by reason of training and experience, are knowledgeable in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner. Such members must either reside or have a place of business within the City; provided, however, with the approval of the City Council, any such members who do not maintain an office within the City may reside within the geographic' area covered by the 95070 U.S. Postal zip code. (c) Four members appointed at large having demonstrable interest in preservation of the heritage resources within the City. Such members must be Rev. 3/1/89 -1- residents of the City or, with the approval .of the City Council, may reside within the geographic area covered by the 95070 U.S. Postal Service zip code. SECTION 4: Section 13-10.020 in Article 13-10 of the City Code is amended to read as follows: "S13-10.020 Term of office A Commissioner shall be appointed for a term of four years, unless the appointment is to fill a vacancy created by a Commissioner who has left office prior to the expiration of his term, in which event, the appointment shall be for the remaining term of such former Commissioner. Any reappointment of a Commissioner whose term of office has expired shall be for a further term of four years." SECTION 5: Paragraph (a) of Section 13-10.050 in Article 13-10 of the City Code is amended to read as follows: "(a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department." SECTION 6: Section 13-15.010 in Article 13-15 of the City Code is amended to read as follows: "S 13 - 15.010 Criteria The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respeet to the original design, as determined by the Heritage Commission. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or arehiteetural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or (e) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or (d) It is representative of the notable design or craft of a builder, designer, or aehiteet; or Rev. 3/I/89 -2- (e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value." SECTION 7: Paragraph (a) of Section 13-15.020 in Article 13-15 of the City Code is amended to read as follows: ~S13-15.020 Applications (a) Applications for designation as a historic landmark, heritage lane or historic district may be submitted to the Heritage Commission by any of the following: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark; (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district." SECTION 8: Section 13-15.040 in Article 13-15 of the City Code is amended to read as follows: nS13-15.040 Objections to proposals (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the luther event the Heritage Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be Rev. 3/1/89 -3- designated as a historic landmark, or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or (3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent." SECTION 9: Section 13-15.060 in Article 13-15 of the City Code is amended to read as follows: "~13-15.060 Historic landmark (a) The report and recommendations of the Heritage Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commissionvs recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13- 15.040(a) of this Article, as the ease may be. (e) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010." Rev. 3/1/89 -4- SECTION 10: Section 13-15,090 in Article 13-15 of the City Code is amended to read as follows: "~13-15.090 Notice of designation (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historie landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: (1) The Heritage Commission; (2) The Planning Commission; (3) Any agency or department of the City requesting such notice or affected by the designation; (4) The Saratoga Historical Foundation; (5) The Santa Clara County Historical Heritage Commission; (6) The California State Historic Preservation Officer; and (7) The Saratoga News. (b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County." SECTION lh Paragraph (a) of Section 13-15.100 in Article 13-15 of the City Code is amended to read as follows: "(a) The owner or owners of a designated historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination." SECTION 12: Section 13-20.010 in Article 13-20 of the City Code is amended to read as follows: "~13-20.010 Permit required It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic Rev. 3/1/89 -5- landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article." SECTION 13: Section 13-20.070 in Article 13-20 of the City Code is amended to read as follows: "S 13-20.070 Criteria The Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter; or (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district; or (c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district." J~L:CTION 14: Section 13-20.080 in Aricle 13-20 of the City Code is amended to read as follows: 'S13-20.080 ttardship Notwithstanding Section 13-20.070, the Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding." SECTION 15: Section 13-25.010 in Article 13-25 of the City Code is amended to read as follows: "~13-25.010 Fees (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. Rev. 3/1/89 -6- (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant to Section 13-20.060." SECTION 16: Section 13-25.020 in Article 13-25 of the City Code is amended to read as follows: ~S13-25.020 Ordinary maintenance and repair Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code." SECTION 17: Paragraph (b) of Section 13-25.040 in Article 13-25 of the City Code is amended to read as follows: "(b) The Planning Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter; (2) Issuance of citations for violation of any provision of this Chapter; (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation; (4) Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers." SECTION 18: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Rev. 3/1/89 -7- SECTION 19: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15~h day of Ma~ch, 1989, by the following vote: AYES: Councilmembers Cle~enger, ~DyleS~. Petersonj Stutzman, .and Mayor Anderson NOES: None ABSENT: NOne MAYOR ATTEST: ~ C~/, ~ The above and foreg~in.g,lis a true and correct copy of Ordinance ' ,b ~_,,.. ? which has been "' Deputy City CI;~r ' Date -a Rev. 3/1/89 -8-