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Home My WebLink About02-12-02 packet4 City of Saratoga HERITAGE PRESERVATION COMMISSION MINUTES Date: Tuesday, February 12, 2002 8:30 a.m. Place: Saratoga Museum, 20450 Saratoga -Los Gatos Road Type: Tour of Museum at 8:30, Regular Meeting 9:00, to be held at the museum. Please meet at the museum. I. Routine Organization A. Roll Call: PRESENT- Ballingall, Grens, King, Koepernik, Peck, Wyman, ABSENT- Robert Peepari GUESTS -April Halberstadt, Don Armstrong, Jill Hunter, Stan Bogosian B. Approval of minutes from 1/8/02-Approved 6 -0 C. Posting of the Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday February 7, 2002 D. Oral Communications- Presentation by April Halberstadt on the Museum, staffing for the Museum, and the grant from the County for an addition and park improvements for the Museum. Norm Koepernik gave a brief update on the success of the Mustard Walk and what happened at the joint CCIPC meeting. E. Written Communications II. Old Business A. Design Signage for the Orchard adopt a tree kiosk — Review two options Coordinate the final design with the Library Development Committee -The item was discussed along with the "Disk Design" and location of the kiosk. The adopt a tree program will wait until the library is ready to open. B. Heritage Tours — Continue discussion C. Create calendar of old historic photos D. Austin Way- Heritage Lane designation III. New Business A. Collect CLG questionnaires and information on any training that Cormnissioners have taken. IV. Items Initiated by the Commission A. Discuss the 26 -foot height limit for single - family residential structures -The Commission discussed the various pros and cons of the existing height limit and will look at it in more detail as part of the Heritage Ordinance update. V. Items Initiated by the Secretary 6 C] A. Review Heritage Preservation Ordinance -HPC authority -Staff gave a brief overview of the existing ordinance and an ordinance from another community. The item was continued to the next meeting. - B. Review Mustard Walk - Things that worked well or could be improved VI. Adjournment 9:00 a.m. Tuesday March 12, 2002 — Warner Hutton House City of Saratoga HERITAGE PRESERVATION COMMISSION AGENDA Date: Tuesday, February 12, 2002 8:30 a.m. Place: Saratoga Museum, 20450 Saratoga -Los Gatos Road Type: Tour of Museum at 8:30, Regular Meeting 9:00, to be held at the museum. Please meet at the museum. I. Routine Organization A. Roll Call B. Approval of minutes from 1/8/02 C. Posting of the Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday February 7, 2002 D. Oral Communications E. Written Communications II. Old Business A. Design Signage for the Orchard adopt a tree kiosk — Review two options Coordinate the final design with the Library Development Committee B. Heritage Tours — Continue discussion C. Create calendar of old historic photos D. Austin Way- Heritage Lane designation III. New Business A. Collect CLG questionnaires and information on any training that Commissioners have taken. IV. Items Initiated by the Commission A. Discuss the 26 -foot height limit for single - family residential structures V. Items Initiated by the Secretary A. Review Heritage Preservation Ordinance -HPC authority B. Review Mustard Walk - Things that worked well or could be improved VI. Adjournment 9:00 a.m. Tuesday March 12, 2002 — Warner Hutton House City of Saratoga Community Development Department MEMORANDUM TO: HERITAGE PRESERVATION COMMISSION FROM: John F. Livingstone, Associate Planner DATE: February 12, 2002 RE: Certified Local Government Annual Report The annual Certified Local Government Report is due in March. I have enclosed a copy of the report for your review. Please let me know of any training you have taken that I can list on the report. Also, please do not forget to bring the completed Professionals Qualifications form that I mailed out earlier. Thanks 0 Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) CITY OF SARATOGA I Survey Activities Summary of activities conducted in compliance with the Secretary of the InteriorGs Standards and OHP requirements for surveys. Summary of activities conducted in compliance with the Secretary of the InteriorGs Standards and OHP requirements for surveys New Surveys List the areas surveyed, level (reconnaissance or intensive), acreage, number of properties inventoried on DPR 523 forms, and date(s) submitted to OHP. Area Level Acreage # of DPR 523 forms Date Austin Way -1/2 mile segment of road made of brick. Reviewed for Heritage Lane designation. Reconnaissance 2 N/A 11/13/01 Changes to Existing Surveys /Inventories List corrections to any surveysrnventories that were made or need to be made and reasons why changes are called for (new information, alteration [approved/not approved], demolition [approved /not approved], etc.). Property Name /Address Correction Made/Required Reason Date 14625 Fruitvale Avenue Demolition Property reviewed by a Historic Approved for Architect and found not to be demolition eligible for State or Fed 10/9/01 designation. II Local Landmark Designations List properties locally designated (or de- designated), date of designation and date recorded by County Recorder. Property Name /Address Date Designated Date Recorded None III Local Incentives List projects that have taken advantage of local incentives for historic preservation, such as loan or grant programs, Mills Act tax reductions, etc. For each project/property, list name of program, property name (if applicable) and address, and date approved by local government. For properties taking advantage of Mills Act tax incentives, enclose a copy of contract (if newly entered into during the reporting period for this annual report) for each property. ob is is Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) Type of Incentive Program Property Name /Address Date None None Demolish existing buildings on site and review proposed new development IV Design Review Responsibilities List properties and addresses and describe in several sentences the result of each review, which Secretary of the Interior's Standards were used, and the comment date. [Please list only review of historic and potentially historic properties.] `November meeting canceled Property Name /Address Review Standard Date Trafalgar, 14612 Big Basin Way Demolish existing buildings on site and review proposed new development General Review 10/10/00 Schuck Subdivision Review subdivision and restoration of existing Historical House designed by Julia Morgan All 10/10/00 Saratoga Federated Church Review development and restoration of existing Historical House designed by Julia Morgan All 10/10/00 St. John's Episcopal Church, 14700 St. Charles Street Demo existing church and develop new project General Review 10/10/00 City of Saratoga Library Expansion Addition to the library in the Heritage Orchard N/A 10/10/00 13601 Saratoga Avenue Fencing on Heritage Lane N/A 12/12/00 14499 Oak Street Design Review of new Single Family Home in Historic area N/A 01/09/01 18870 Hayfield Ct. Design review of new home next to Historic home N/A 05/08/01 14625 Fruitvale Avenue Review of New House and demolition of old house on Historic Resource List All 09/11/01 V Environmental Project Review Responsibilities List properties and addresses and briefly describe the result of reviews conducted pursuant to the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act. Property Name /Address Review Type of Document Prepared Date for CEQA None Proiects reviewed under Memoranda of Agreement with OHP Property Name /Address Review Date None i go 40 Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) VI National Register Nominations List names of National Register individual, multiple property, and district nominations reviewed/commented on by local government, type of nomination, number of contributing properties (if applicable), and comment date. Nomination Name Type of Nomination # of Contributors Date None VII Historical Contexts List and describe in several sentences each historic context that has been initiated, researched, and developed; note the status and date submitted to OHP. Context Name Description Status Date None VIII Public Education List and briefly describe public outreach, training, publications, etc. Please provide two copies of all publications or other products not previously provided to OHP. Item or Event Description Date Mustard Walk Annual event that starts in the City's Historic Warner Hutton House and 02/10/02 provides guided tours through the mustards in the nearby Heritage Orchard. The event includes art exhibits, historic information, and products made from mustard. Newspaper Articles Commissioner Willys Peck continues to write weekly newspaper articles Ongoing for the Saratoga News describing people places and events significant in Sarato a's History. IX Commission Composition and Activities Commission Membership List current members (and alternates, if applicable), discipline or public member role filled, date of appointment, and date appointment expires. Include resumes and appropriate Qualifications Review forms for all new members. If your do not have two qualified professionals on your commission, attach a narrative explaining why professional qualifications are not being met and how professional expertise is provided. If all positions are not currently filled, provide explanation for why this is so. go 40 Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) Name Discipline Date Appointed Date Appt. Expires Ph lis Ballin all Educator 09/02 04/04 Dora Grens Consultant 03/01 04/02 Carolyn King Retired City Employee 04/96 04/02 Norman Koe ernik Real Estate Consultant /Builder 06/85 04/04 Wills Peck Historian /Author 04/89 04/04 Robert Pee ari Architect 04/91 04/02 Beth Wyman Historian Instructor 04/95 04/02 Commission Staff List current commission staff, discipline, and date of appointment/assignment. Include resumes and appropriate Qualifications Review forms for all new staff. If positions are not currently filled, provide explanation for why this is so. Name Discipline Date Appointed/Assigned John F. Livingstone Associate Planner, Masters Degree Urban Planning August 2001 Attendance Record Provide attendance records for regular meetings in chart form for each commission member and staff. Name Number of Absences Ph lis Ballin all 0 Dora Grens 0 Carolyn King 2 Norman Koe ernik 1 Wills Peck 1 Robert Pee ari 4 Beth Wyman 3 a Training Received Provide descriptions and dates training for each commission member and staff. (Remember, one of the CLG requirements is that all commissioners and staff to the commission attend at le t one approved training program per calendar year.) C ssion /Staff Name Training Name and Description Date Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) X Preservation Laws Provide a narrative summary of any amendments to the certified ordinance. (OHP must have opportunity to review and comment on ordinance changes prior to adoption. Changes that do not meet the CLG requirements could affect certification status.) Also, describe and attach copies of any changes to overlay zones andlor other local preservation laws and procedures. None XI Preservation Plan Provide a narrative summary of any updates to historic preservation plan or historic preservation element to your community's general plan. None XII Narrative Summary of Local Preservation Program Include an assessment of the current status of preservation in your community and the most critical preservation planning issues. Historic preservation is a priority in the community. Saratoga has had a Heritage Preservation Commission (HPC) in place and a Heritage Preservation Ordinance in effect since 1986. We instituted our Heritage Resources Inventory and Landmarks list in 1988 and have been able to add over 20 properties to it since it was established. Among the issues of most concern to the HPC and the community is the retention of older homes. Staff is hoping to update the existing survey and ordinance including the recent CEQA implications. Please describe the single accomplishment of your local government this year that has done the most to further preservation in your community. Planning the Mustard Walk. As part of the planning for the Mustard walk a significant amount of advertising has taken place, which furthers the preservation message in the community. The Heritage Preservation Commission recently selected the following mission statement: "The mission of the Heritage Preservation Commission is to provide guidance to the City of Saratoga in order to preserve and protect the heritage resources of the community." Please describe how you have or have not met the goals identified in your annual report for last year and identify your local historic preservation goals for 2001- 2002. Last years goal was a historic calendar. The pictures have now been selected and the calendar will probably be prepared for 2003. For 2002, the Heritage Preservation Commission is hoping to accomplish the following: 6i Certified Local Government Program — 2001 Annual Report (Reporting period is from October 1, 2000 through September 30, 2001) 1. Prepare a Preservation Plan (This would assist with the possibility of receiving grant money to accomplish #2) 2. Update the Inventory and the Ordinance (The existing inventory is not comprehensive and the ordinance needs to be updated.) 3. Designate Austin Way a Heritage Lane 4. Finish the Historic Calendar 5. Increase Commission training 6. Have a successful turnout for the Mustard Walk So that we may better serve you in the future, please describe the areas and/or issues with which you could use technical assistance from OHP. In what subject areas would you like to see training provided by the OHP? The City of Saratoga will be looking for assistance for the Inventory and Ordinance revisions. The City will also look into preparing a preservation plan. Please describe your programs related to providing incentives for historic preservation in your community. What programs are you offering, what is the public utilizing, how successful are the programs in promoting historic preservation? The City of Saratoga has no incentive programs. The current program and staff promote historic preservation through advertising, and working with the public. XIII Attachments Resumes and appropriate Qualifications Review Forms for new Commission members /alternates and staff Official Minutes of all Commission meetings and hearings held October 1, 2000 - September 30, 2001 Mills Act contracts executed October 1, 2000 - September 30, 2001 Other: M City of Saratoga Community Development Department MEMORANDUM TO: HERITAGE PRESERVATION COMMISSION `U FROM: John F. Livingstone, Associate Planner DATE: February 12, 2002 RE: Ordinance and Survey update The Heritage Preservation Ordinance and the Heritage Resource Inventory both need to be updated. I have enclosed a copy of the Ordinance and a copy of one of the original letters sent to people who listed their properties as a Historic Resource. Some of the things that have changed since our ordinance was written is the California Environmental Quality Act (CEQA) requirements concerning historic structures. I have been advised by the Office of Historic Preservation that as a Certified Local Government that we could qualify for grant money to hire professional consulting firms to assist with the survey and ordinance. The catch is that we need to have an approved Heritage Preservation Plan in place first. Knowing that all of this will take time, I am only hoping to get some initial direction on the topic for this meeting. Thanks 219 Chapter 13 HERITAGE PRESERVATION Articles: 13 -05 General Provisions 13-10 Heritage Preservation Commission 13 -15 Designation of a Heritage Resource 13-20 Permits I 25 Miscellaneous Provisions 219 Article 13 -05 GENERAL PROVISIONS Sections: 13- 05.010 Purpose. 13- 05.020 Definitions. 13- 05.010 Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources within the City is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encour- aging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preserva- tion, rehabilitation, and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13- 05.020 Definitions.. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modi- fication of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifi- cations of structure, architectural details or visual charac- teristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the place- ment or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affect- ing the exterior visual qualities of the property, but does 221 13 -05.020 net include painting, landscaping and ordinary mainte- nance. (b) Designated heritage lane means a street, road, avenue, boulevard, pathwav or trail designated as a heri- tage resource pursuant to this Chapter. (c) Designated historic district means a distinct section of the City, specifically defined in terms of geo- graphic boundaries, designated as a heritage resource pursuant to this Chapter. (d) Designated historic landmark. means a building, improvement, structure, natural feature; site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. (e) Exterior architectural feature means the architec- tural elements embodying style, design, general arrange- ment and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement. (f) Heritage Commission means the historical preser- vation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Commission. (g) Commission staff means the Planning Director and his authorized representatives. (h) Heritage resource 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. (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 0) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment 13- 10.010 Article 13.10 HERITAGE PRESERVATION COMMISSION Sections: 13- 10.010 Creation; qualification and residency of members. - -- 13- 10.020 Term of office. 13- 10.030 Vacancy and removal. 13- 10.040 Organization. 13- 10.050 Powers and duties. 13- 10.010 Creation; qualification and residency 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 Service zip code, (c) Four members appointed at large having demonstra- ble interest in preservation of the heritage resources within the City. Such members must be 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. 13- 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 expira- tion of his tern, 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. 13- 10.030 Vacancy and removal. (a) In the event of a vacancy occurring during the term of a Commissioner, the City Council shall make an interim appointment to fill the unexpired term of such Commissioner, and where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. (b) A Commissioner who ceases to be a resident of the City shall automatically be removed and shall be so notified by the Chairman of the Commission. The Chair- man shall then request the City Council to fill the vacancy. Any Commissioner may be removed at any time upon the vote of at least three Councilmembers. 13. 10.040 - Organization. (a) - The Commission shall elect armually, on or before January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as it deems necessary or desirable. Should a mid -year vacancy in any office occur, the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers. (b) The Planning Director shall act as Secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work per- formed at the request or on behalf of the Heritage Com- mission. (c) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commis- sion staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commis- sion proceedings and actions. A majority of Commission- ers shall constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter having the powers and authority to perform the duties hereinafter enumerated. 13- 10.050 Powers and duties. The Heritage Commission shall be advisory only to the City Council, the Planning. Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the following powers and duties: (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 Re- source 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. 222 (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c) Recommend to the appropriate City agencies or departments projects and action programs for the recogni- tion, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designat- ed historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or signifi- cantly affecting any heritage resource. The Commision's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal govern- ments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public informa- tion and educational programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. RN 13- 15.010 Article 13-15 DESIGNATION OF A HERITAGE RESOURCE Sections: 13- 15.010 Criteria. 13- 15.020 Applications. 13- 15.030 Study of proposal. 13- 15.040 Objections to proposals. 13- 15.050 Recommendation by Heritage Commission. 13- 15.060 Historic landmark. 13- 15.070 Heritage lane or historic district 13- 15.080 Notice of public hearings. 13- 15.090 Notice of designation. 13- 15.100 Termination of designation. 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 substan- tial degree of architectural and structural integrity with respect to the original design, as determined by the Heri- tage Commission. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural 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 (c) 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 (d) It is representative of the notable design or craft of a builder, designer, or architect; or (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 continu- ity 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. 13- 15.020 13- 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, boule- vard, 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 (b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommen- dation and the Heritage Commission may consider a proposed designation upon its own initiative. 13- 15.030 Study of proposal. The Heritage Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13- 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 futber 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 designated as a historic landmark, or by the owners of at least forty-one percent of the frontage 224 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 land- mark withdraw -their objection; or (2) A sufficient number of owners of recorded tots 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 13- 15.050 Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to Section 13- 15.040, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 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 Commission's 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 land- mark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be per- i� formed 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(x) of this Article, as the case may be. - (c) 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. 13- 15.070 Heritage lane or historic district. (a) Report to Planning Commission. The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing, notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13- 15.080: (c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approyal or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably - - necessary for the conservation, enhancement and preserva- tion thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage A 225 13- 15.080 Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, — shall be transmitted to the City Council and considered at its next available regular meeting. . (e) -Actions of City—Council. If the City Council . determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designa- tion proceedings. Such resolution shall schedule a public bearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13- 15.080. The resolu- tion may further provide that during the pendency of the final designation proceedings, 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, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. . (g) Effective date. 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 regulations or controls as may be specified in the designat- ing ordinance. (h) Findings and criteria for adoption of ordinance. 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. 13- 15.080 Notice of public bearings. , (a) Notice of the time, place and purpose of p9blic hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public 13- 15.080 hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. 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 historic land- mark, 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 desig- nation 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 Com- mission; (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. 13- 15.100 Termination of designation. (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 226 of the area of -all recorded lots within a designated historic district, may apply to the Heritage Commission for termi- nation of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13- 15.030 and Sections 13- 15.050 through 13- 15.080 of this Article. (c) A designation may be terminated only upon a fording by the City Council that as a result of change in circumstances, the designation is no longer consistent with.the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13- 15.090, and a notice of termina- tion shall also be recorded in the office of the Recorder for the County. Article 13-20 PERMITS Sections: 13- 20.010 Permit required. 13- 20.020 Applications. 13- 20.030 Supporting data. 13- 20.040 Heritage Commission action. 13- 20.050 Issuance of permit. 13- 20.060 Appeal. 13- 20.070 Criteria. 13- 20.080 Hardship. 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 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. 13- 20.020 Applications. Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Director, who shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the adminis- trative cost of handling the permit request. 13- 20.030 Supporting data The application shall include the following data: (a) Documentation establishing ownership of- -the designated property by the applicant for the permit; — (b) A clear statement of the proposed work; (c) A site plan showing all existing buildings, struc- tures, trees over twelve inches in diameter, property lines, easements and the proposed work; (d) Plans showing the exterior elevation_ s, materials and grading of the proposed work; (e) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished; (f) Such other information or documents as may be requested by the Heritage Commission. 13- 20.040 Heritage Commission action. The Heritage Commission shall complete its review and issue a recommendation to the Planning Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations, the Planning Director shall forward a copy thereof to the applicant. 13- 20.050 Issuance of permit. If the Heritage Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Commission recommends denial of the application, the Planning Director shall notify the applicant that the requested permit will not be granted. 13- 20.060 Appeal. (a) Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested iO 13- 20.080 person to the Planning Commission. The appeal shall be Liken by filing with the Secretary of the Planning Commis- sion a written notice thereof within ten days from the date the Heritage Commission delivers its recommendation to the Planning Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary. of the Planning Commission shall set the appeal for bearing at the next available regular meeting of the Plan- ning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commis- sion. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2 -05.030 of this Code. 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 deter- mined 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. 13- 20.080 Hardship. Notwithstanding Section 13- 20.070, the Planning Director, on the recommendation of the Heritage Commis- sion, 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 histoiic 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 improve- ment, building, structure, topography or other feature 13- 20.080 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. Article 13-25 MISCELLANEOUS PROVISIONS Sections: 13- 25.010 Fees. 13- 25.020 Ordinary maintenance and repair. 13- 25.030 Duty to keep in good repair. 13- 25.040 Enforcement. 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. (b) The City Council shall by resolution adopt a sched- ule 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. 13- 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, reconstruc- tion, 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. 13- 25.030 Duty to keep in good repair. Tae owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as speed in the designat- ing ordinance or permit, and all interior portions thereof 228 whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13- 25.040 Enforcement. (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (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 land- mark 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 requir- ing 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 Sheriffs Department and the City Community Service Officers. f �J! . A �L July 13, 1988 13777 FRUITVALE AVENUE • SAR.ATO.GA, CALIFORNIA 95070 (408) 867 -3438 Mr. Nedjo Spaich et al P.O. Box 363 Saratoga, CA 95070 Dear Mr. Spaich: COUNCIL MEMBERS: Karen Anderson Martha Clevenger Joyce Hlava David Moyles Donald Peterson The Saratoga Heritage Preservation Commission has recently completed, a comprehensive Inventory of historic resources in our community. We are pleased to notify you that your residence and garage buildings at 20235 La Paloma Avenue and 14315 Douglass Lane meets the criteria for being included on this list. The purpose of the Heritage Resource Inventory is to establish a list of documented-historic properties in Saratoga. The Heritage Preservation Commission was assigned the responsibility for preparing the Inventory by the City Council in 1982. Each property on the list has been identified as reflecting and being a part of the unique history of Saratoga. The Inventory has been prepared in accordance with guidelines established by the State Office of Historic Preservation, with data gathered from a variety of sources, including historic documents and books, interviews with local citizens, and existing county and state inventories that contain information on Saratoga properties. Being listed on the Inventory does not carry any form of special requirements or restrictiong affecting the use, improvement, alteration or even the demolition of your property. As an Inventory property, however, you will be able to make use of the State Historic Building Code, an alternative set of building regulations that are intended to facilitate the rehabilitation and preservation of historic buildings. In addition, your property may qualify for designation as a Saratoga Heritage Landmark, a special category of outstanding and exemplary historic properties that are identified in the community by a handsome bronze plaque. We have enclosed the entire Inventory list and the individual Inventory form for your property, which gives information about the building, the property and its history. We would appreciate your review of this form to let us know if there are any changes or additions to the form you wish to include. We also anticipate that there are additional historic resources in the community that we may have overlooked or have not fully documented yet; if you know of any that are not on the list, please let us know. If you have any questions, please direct them to the Commission through Valerie Young, our staff person at City Hall (867- 3438). One of the Commissioners will be happy to meet with you to discuss the Inventory and answer any questions you may have. Sincerely, Members of the Heritage Preservation Commission Elizabeth Ansnes r Roy Cameron Norm Koepernik Shan' Landsness Ba a a Voester Z- Wa rren Heid, Chairman , Sourisseau Academy for State and Local History, San Josh State University, supports the promotion of local and regional history through grants, scholarships, programs, archives, and expertise. The Donald Anderson Fund supports technical expertise and growth in historical programs. Charlene Duval, Executive Secretary Santa Clara County Historical Heritage Commission serves to protect, preserve, and promote the appreciation, recognition and preservation of historic resources in the Santa Clara County. Advisory to the Board ,fit of Supervisors, it is comprised of eleven volunteer �, °i members, and is presently chaired by Lorie Garcia of Santa Clara. Dana Peak! Historical Heritage Coordinator 4. t Office of Historic Preservation (OHP) is oi- the governmental agency primarily responsible for the statewide administration of the historic preservation program in California. The Mission _ . of the Office of Historic Preservation and the State Historical Resources Commission, in partnership = with the people of California and governmental = agencies; is to preserve and enhance California's irreplaceable historic heritage as a matter of public interest so that its vital legacy of cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be _ maintained and enriched for present and future = generations. j For more information regarding this workshop, -- contact Franklin Maggi, Workshop Coordinator (408) 297 -2684 C , rn V g 0 -4 Tm o;ad DCm n� D �m M `0 4Ln -0 <�D °z° cd M 0 n 0 3 z° L W OX C N M D0) C V o vn I J cn rD iC a A Donald Anderson Fund Workshop Savvy about Surveys? A workshop on Cultural Resource Surveys . for planners, commissioners, consultants and the public . Presented by Jan Wooley, Survey Coordinator Office of Historic Preservation Friday, February 22, 2002 9 a.m. To 12 noon California State Office Building, Auditorium Conference room 100 Paseo de San Antonio . San Josh Sponsored by The Sourisseau Academy for State & Local History Santa Gana County Historical Heritage Commission California State Office'of Historic Preservation 1 r_ he built environment gives character and identity to a community. The cultural environment that it represents illustrates the historical evolution of a region, and signifies the growth patterns, cultural diversity, customs, creativity and economic development of the man- made landscape. A Cultural Resource Survey serves as the primary planning tool for the identification, recordation, and evaluation of historical and archaeological resources. Since the 1960s, local agencies have undertaken such surveys, and many are now in the process of updating and expanding their historical resource inventories to address the evolving fabric of our communities, as well as to conform to new planning responsibilities. The inventories generated from these survey activities form an important component in local preservation programs, and ultimately contribute to our knowledge of historical resources statewide. The Office of Historic Preservation (OHP) is the central state agency responsible for developing and managing an integrated information system of California's cultural resources. The OHP management system includes all types of cultural resources in California, and they have developed a uniform inventory form to provide consistency and standardization of information collection and recordation. OHP also has established a statewide information distribution system at eleven Regional Information Centers. This workshop will cover the fundamentals of the survey: essential elements in creating the survey, technical expertise needed, legal requirements, and on -going use. With limited budgets and staffing, the Cultural Resource Survey will continue to be a major undertaking of local preservation commissions, but has now become an essential tool for local planning agencies. Schedule Friday, February 22, 2002 8:30 Registration (coffee /tea and refreshments) 9:00 Welcome and introductions 9:15 Overview of OHP survey program Questions for Jan Wooley 10:30 Break 10:45 Roundtable on local methodologies and issues 11:45 Conclusion and evaluation 12:00 Workshop close Presenter: Jan Wooley, Survey Coordinator Office of Historic Preservation Local Government and Information Management Unit Certified Local Govemment credit is pending for this workshop. if you wish to be updated on the status of CLG credit, contact Franklin Maggi prior to February 22. Where: California State Office Building Auditorium Conference Room 100 Paseo de San Antonio in Downtown San Jose Public fee -based parking available between 1'4 and and at San Fernando St., For more parking options, go to: http: //www.ci. si.ca.us, or take the light rail, San Antonio Plaza stop. For directions the morning of the workshop, call: 605 -9107 Registration Name: Agency: t Address: r Phone: Email: There is no charge to attend the workshop.' Workshop participants must RSVP by February 20 to confirm their attendance. Morning refreshments to be provided, courtesy of the Donald Anderson Fund. Please advise us of any special needs. To register, send this form (or copy ) to: Survey Workshop C/O HCSCC PO Box 26767 San Jose CA 95159 -6767 Or fax to: (408) 297 -2684 For further information, contact: Franklin Maggi (408) 297 -2684 Leslie Masunaga (408) 918 -7822 . •;ley. -!� 4'o -T r'�e ^i AP P L I C A T I O N Please provide the following information: ✓ Name, Address, Daytime Phone, and E -mail Address ✓ Sponsoring Organization /Agency ✓ Are you or your organization a member of National Trust Forum? If yes, please include membership number. ✓ if your organization is proposing a second participant, what is his /her name? ✓ Education (schools attended, major fields of study, degrees) �1 i' f. r -: Mai hill _ Bpp6 VW NATIONAL TRUST J�, HISTORIC PRESERVATION Preservation Leadership Training Marshall, California June 22 -29, 2002 Co- sponsored by the California Department of Parks and Recreation i Participant Costs The tuition fee for the program is $400. Applicants who individually or through their sponsoring organization are members of National Trust Forum are eligible for a discounted tuition fee of $300. An additional meal assessment fee will be charged for group catering. is Participants are responsible for lodging costs, most meals and transportation to and from the Marconi Conference Center State Historic Park in Marshall, Calif. A limited number of scholarships are available to ensure the cultural diversity of PLT participants. See other side for Application Information. A wm _ Come Walk Through the- mustard .. . Sunday, February 10, 2002 Warner Hutton House 11 a.m. 3 p.m. Enjoy Docent Led Walks Through Saratoga Historical Orchard Sample a variety of Mustard From Local Merchants & Free Refreshments . View Historical & Contemporary Pictures of the Orchard & Paintings from Saratoga Community of Painters- Kids Can Enjoy Free Donkey Cart Rides For More Information: 408 -868 -1222 _�4 &�=: Special Thanks to the Herlt4ge Pneserm9OR Commission, Saratoga HlstorlcalMuseum, and the Saratoga Area Senior Coor&gd& City of Saratoga Community Development Department MEMORANDUM TO: HERITAGE PRESERVATION COMMISSION�� FROM: John F. Livingstone, Associate Planner DATE: January 17, 2002 RE: Certified Local Government Program request for qualifications As part of the Certified Local Government Program, I need to submit an annual statement that includes each member's professional qualifications. Please fill out the appropriate Professional Qualification Questionnaire and bring it to the next HPC meeting. If you have any questions please call me at 408.868.1231. Thanks Certified Local Government Professional Qualifications (36 CFR Part 61): Historic Architecture Professional Qualifications Local Governme Name (Name of Commissioner or Staff) Date of Appointment: Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A Professional degree in Architecture and At least one year of graduate study in Architectural Preservation, American Architectural History, Preservation Planning, or CRF\ (specify field) Alternative A2 Professional degree in Architecture and At least one year of full -time professional experience in historic preservation projects, including detailed investigations of historic structures, preparation of historic structures research reports, preparation of plans and specifications for preservation projects (attach explanation) Alternative 131 State license to practice architecture (specify state(s)) and At least one year of graduate study in Architectural Preservation, American Architectural History, Preservation Planning, or CRF (specify field) Alternative B2 State license to practice architecture (specify state(s)) and At least one year of full -time professional experience in historic preservation projects, including detailed investigations of historic structures, preparations of historic structures research reports, preparation of plans and specifications for preservation projects (attach explanation) To meet the standards in this discipline you must be able to check all the boxes under one of the alternatives. Note that a professional degree means a five -year or graduate degree. One year = 12 months. Full -time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. Certified Local Government Professional Qualifications (36 CFR Part 61): Architecture Professional Qualifications Local Govern Name (Name of Commissioner or Staff) Date of Appointment: Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A Professional degree in Architecture Alternative B and State license to practice architecture At least two years full -time professional experience in (specify state(s)) architecture (attach explanation) To meet the standards in this discipline you must be able to check both boxes under Alternative A or the box under Alternative B. Note that professional degree means a five -year or graduate degree. One year = 12 months. Full -time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. Certified Local Government Professional Qualifications (36 CFR Part 61): Architectural History Professional Qualifications Local Governm Name (Name of Commissioner or Staff). Date of Appointment: Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A MA or PhD in Architectural History or MA /MS or PhD in Art History, Historic Preservation or CRF (specify field) and Coursework in American Architectural History (list courses or attach listing) Alternative 61 BA in Architectural History or BA in Art History, Historic Preservation or CRF (specify field) and Two years full -time experience in American architectural history or restoration (check appropriate boxes below and attach explanation and dates) With a professional institution (specify institution) _ academic institution historical org. /agency museum _ other (specify) Alternative B2 BA in Architectural History or BA in Art History, Historic Preservation or CRF (specify field) and Substantial contribution through research and publication to body of scholarly knowledge in American architectural history (attach explanation) To meet the standards in this discipline you must be able to check either a big box or a big circle, and check all the smaller boxes under that alternative. One year = 12 months. Full -time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. In addition, note that Alternative A requires the advanced degree in architectural history or a closely related field and coursework in American architectural history. Alternatives 131 and B2 require the work experience or publications (in lieu of a graduate degree) to be in American architectural history. Certified Local Government Professional Qualifications (36 CFR Part 61): History Professional Qualifications Local Governm Name (Name of Commissioner or Staff) Date of Appointment: Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A MA or PhD in History or MANS or PhD in CRF (specify field) Alternative 131 BA in History or BA in CRF (specify field) and Two years full -time experience in history (check appropriate boxes below and attach explanation and dates) research _ writing _ teaching interpretation other (specify) With a professional institution (specify institution) _ academic institution historical org. /agency museum other (specify) Alternative B2 BA in History or BA in CRF (specify field) and Substantial contribution through research and publication to body of scholarly knowledge in history (attach explanation) To meet the standards in this discipline you must be able to check either a big box or a big circle, and check all the smaller boxes under that alternative. One year = 12 months. Full -time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. Certified Local Government Professional Qualifications (36 CFR Part 61): Historic Archeology Qualifications Local Government Name (Name of Commissioner or Staff) Date of Appointment: Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. Alternative A MA/MS or PhD in Archeology or Anthropology or CRF (specify field) and At least one year full -time professional experience or equivalent specialized training in archeological research, administration, or management (attach explanation) and At least four months of supervised field and analytic experience in general North American archeology (attach explanation) and Demonstrated ability to carry research to completion (attach explanation) and At least one year of full -time experience at a supervisory level in the study of archeological resources of the historic period (attach explanation) To meet the standards in this discipline you must be able to check all the boxes above. One year = 12 months. Full - time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. Certified Local Government Professional Qualifications (36 CFR Part 61): Prehistoric Archeology Qualifications Local Government Name (Name of Commissioner or Staff) Commissioner Staff 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. In addition to completing the form below for any commission member or staff who meets the requirements for this profession, please attach a resume for this individual. MA /MS or PhD in Archeology or Anthropology or CRF Alternative A (specify field) and At least one year full -time professional experience or equivalent specialized training in archeological research, administration, or management (attach explanation) and At least four months of supervised field and analytic experience in general North American archeology (attach explanation) and Demonstrated ability to carry research to completion (attach explanation) and At least one year of full -time experience at a supervisory level in the study of archeological resources of the prehistoric period (attach explanation) To meet the standards in this discipline you must be able to check all the boxes above. One year = 12 months. Full -time = 35 -40 hours per week. A year of professional experience need not consist of a continuous year of full -time work, but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent period. CRF = Closely Related Field; field closely related to this or other discipline in historic preservation (Urban or Regional Planning, American Studies, Historic Preservation, Art History, Architecture, Material Culture, Landscape Architecture, or Folklore). Coursework should be evaluated if discipline itself is not always or obviously related. 27f12 .tLIZI1 ilQ.l Gafli' 2 1 a PRESERVATION 2002CONFERENr,E Vtn1a ge c�orlo ' Gounf � MAY 2ND /- 5T" • SANTA ROSH �oin fei %ev preseruaL'onr'sls in 6eaulr y an fu fo excting conference focusing on current issues llal affecl !fie preseroalion of CaLArnra's , sloric resources —from maJor slaleairde issues, !o rssues affecting preserualrbn of smai %r communilies antlagriculluralandoaer cuilurallano- scapes. California Preservation Foundation 1611 Telegraph Ave., Suite 820 Oakland, CA 94612 cpf@californiapt-eservatibn.org 12 *4 * * * *** ******* ** *ALL FOR AADC 950 JOHN LIVINGSTONE CITY OF SARATOGA 13777 FRUTTVALE AVE SARATOGA CA 95070-5151 1111111 oil IN III LIIIIN III III IN Non Profit Org. US Postage PAID Berkeley, CA Permit No. 308 2zl� nnual 1JQ11�0rnIQ JreSerUdflon Can 'ference "Vlnfaye 6onoma Coun�y" J?Cay 2 -S, 2002 & 27th.Annual; Cal forma Preservation Conference will be co- hosted by the Californid.,P'reservatton Foundation, the City of Santa' -Rosa; and the Sonoma ,'County Landmarks Coirimrssion, plus major support from The Press Democrat. 'and the Cal foinia Qf tce of.HWoric Preservation. 7be Conference will feature four tracks consisting of educational sessions and mobile workshops: Cullural Landscapes— focuses on how to identify and evaluate cultural landscapes; exploring agricultural and other rural landscape issues; understanding the interface between cultural landscapes and natural resources; and exploring how these concepts are applied to heritage areas. 7ecfnoloyy' 7oo1,,6Z— explores diverse technical issues facing both entry-level preservationists and practicing professionals, from success stories using the California Historic Building Code to retaining historic fabric. beam the latest about G1S and handling hazardous materials. .6nyayiny CF'anye. ri�e ` ..1,,pnnen! %rocess for %�eseruahon— unravels a part of preservation that is often difficult to understand, yet crucial to successful preservation efforts, the development process. Sessions cover historic designation and its benefits; bringing the players together; understanding the financial realities and opportunities; and navigating the many steps involved. CaGforn:a 9ssues- Examine how communities are looking to local entrepreneurs, new technology and economic diversification to preserve their unique character and quality of life. Explore the many facets of heritage tourism and learn the latest on mitigating damage to historic resources, from both natural and man-made disasters. JICo6.% 7PIor,66ops —Each Track features a half -day mobile workshop with a panel of experts, studying relevant topics of Jack London State Historic Park, Santa Rosa's Railroad Square Historic District, historic Sonoma and the California Historical Resources Information System facility at Sonoma State University. Extra fee for each slorio Landcapes Jreserualion- cSpecial C �of �sFiop -A day long workshop on historic landscapes preservation will be held on Thursday, May 2, 2002, led by the nationally - renowned expert, Charles Birnbaum, and others working on preserving historic landscapes. Separate registration fee. cSociaGziny C ✓YelcuorA,,ny Opporlunilies —Plan to attend the Opening Reception.at the National Historic Landmark Luther Burbank Home & Gardens, the irreverent "Three- Minute Success Stories" in the 2001 Preservation Design Award - winning "De Turk Round Barn," and the "Black Tie & Blue jeans" gala amidst the historic vineyards of the Atwood Ranch in Glen Ellen. , ZUGo cS1,_ouid `./!lend?— Preservationists, including citizen activists and preservation commissioners, owners of historic properties, consultants, architects, landscape architects, building professionals, public officials and planners, lawyers, realtors, and members of local preservation organizations and non - profits are invited to attend the conference. `.]ours —will showcase historic wineries; the historic towns of Healdsburg, Sonoma & Petaluma; vintage gardens and barns; Hollywood film locations and Santa Rosa's charming neighborhoods. Conference _71eadyuarlers will be at the Flamingo Resort Hotel in Santa Rosa (see reservation information below). Visit them at wmw.flamingoresort.com Conferencee9r'slrafion �n�ormalron Available in February 'CPF members, in good,staridmg will; be sent brochures. To be-added to the Conference:' ' mailinghst coptacf CPF at e¢J @callfornuiprzservahon org or at 510 763 Q972, and give your narrie, a matt address, "U.S: Mail address and phone number.'. The brochure will also be posted on CPF's website rvunu californrapreseruatron.org as soon'as it is available. Con ereRCe �e 1sl�al�onees (f or re islral�or?. eesrecerued6� x:12 - y _.. $150 for. CPF members; $190 for:Non- Members.tRegis[ration Fee' includes the Plenary and all Conference-, Educational Sessions: ( Wih' onalfeesfortours; mobileuiorkshopsandspecia levents) gpecialpa'ckag'eoptions:•: will also be`available }lamnyo `Resort �lolelin csart /a `Rosa cSpec�alGonfeience male $109 per night (Single or Double). To receive this, group rate, mention the ' Califomta Preservation Foundation when booking. Rooms are available at this ratIe -on a htst come fiistmservedbasis; oniy'throtigh Aprii.2; 2002. For Hotel-Room Reseivations, call 800448- 8300. r: THE CODE OF THE CITY OF MONTEREY, CALIFORNIA ARTICLE 15 Historic Properties Sections: 38-72 Specific Purposes 38-73 Definitions 38 -74a Survey Procedures 38 -74b Land Use Regulations for Properties without Historic Zoning 38 -75 Adoption of H -1 Overlay Zoning 38-76 H -2 City Historic Resource Overlay Zoning 38-77 H -D Historic District Overlay Zoning 38 -72 Speck Purposes The purpose of historic zoning is to implement the Urban Design Overview, Historic Preservation Element and Economic Element of the General Plan; to implement historic preservation provisions of adopted neighborhood plans; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic resources; to enhance and preserve the setting of historic resources so that surrounding land uses, including design and color, do not detract from the historic resources; to encourage and promote public knowledge, understanding, and appreciation of the city's history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for Historic Zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historical resources, thereby increasing community pride in the city's cultural heritage. 38 -73 Definitions The following definitions shall apply to this Article 15 in addition to the definitions contained elsewhere in the Zoning Ordinance. Defined terms in this Article are capitalized in the text. A. Adopted Survey List. A list of properties with potential to meet the Criteria for Historic Zoning identified in an Intensive Survey. B. Alteration. For the purpose of this Article 15 of the Zoning Ordinance, "Alteration" means any change, repair, replacement, modification, or new construction to: (1) the exterior of an historic resource, (2) the exterior and interior structural elements which support the exterior walls, roof, or exterior elements of the historic resource, (3) other construction on a lot, or (4) the significant interior Character Defining Features of the historic resource, unless the interior is exempt from Historic Permit review by the Historic Preservation Commission. 'Alteration" does not include ordinary landscape maintenance unless the landscaping is identified as significant at the time a property receives historic zoning, or in an adopted Historic Preservation Report. C. Califomia Register. California Register of Historical Resources defined in California PRC 5024.1 and in CCR Title 14 Chap 11.5, Sec 4850 et seq. as it may be amended. D. Character Defining Features. As outlined in National Register Bulletin 15 and Preservation Brief 17: How to Identify Character Defining Features, the architectural 743 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA character and general composition of a resource, including, but not limited to, type and texture of building material; type, design, and character of all windows, doors, stairs, porches, railings, molding and other appurtenant elements; and fenestration, ornamental detailing, elements of craftsmanship, finishes, etc. E. Contributing Resource. A Contributing Resource is an historic resource which contributes to the historic character of an H -D Historic District, as described in National Register Bulletin 15. F. Criteria. Criteria are the general standards by which the significance of a historic property is judged for inclusion in the National and/or California Register and eligible for Historic Zoning, including the quality of significance present in resources that possess integrity and: 1) are associated with events that have made a significant contribution to the broad patterns of our history, 2) are associated with the lives of significant persons in or past, 3) embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master,_ or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or 4) have yielded or may be likely to yield, information important in history or prehistory. These are criteria used by the National Register and California Register, and the National Register and California Register standards for those criteria are included in this Article by reference. See also definitions for National Register and California Register. G. DPR 523 Survey. Department of Parks and Recreation DPR 523 series survey forms, available from the State Office of Historic Preservation, including (1) Primary Record, (2) Building, Structure, and Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource. H. Historic Overlay Zoning or Historic Zoning. Properties designated with the H -1 Landmark, H -2 City Historic Resource, or H -D Historic District zoning. Historic Preservation Report. A vehicle for preservation, rehabilitation, restoration, or reconstruction of an historic resource. The Report is based on the Secretary of the Interior's Standards for Treatment of Historic Properties which has standards and guidelines for recommended treatments for preserving historic resources. The Secretary's standards recommend four potential treatments. These are Preservation, Rehabilitation, Restoration, and Reconstruction. An Historic Preservation Report is adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re -adopt an approved program for periods of three -years or less. J. Historic Resource. A building, structure, object, site or district as defined in National Register Bulletin 15. K. Integrity. Aspects of Integrity (location, design, setting, materials, workmanship, feeling, and association) described in National Register Bulletin 15. L. Intensive Survey. An historic survey identifying whether a property meets the Criteria for Historic Zoning. An Intensive Survey also identifies resources subject to Section 3 8-74 of this ordinance. An Intensive Survey consists of a completed DPR 523 series survey forms, including (1) Primary Record, (2) Building, Structure, Object Record, and (3) Any 744 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA additional survey form appropriate for documentation of the subject historic resource. M. Minor Repairs. Alteration which is determined by thd'Community Development Director to be consistent with the Secretary of the Interiors Standards for Treatment of Historic Properties, and does not have an adverse impact on the Integrity of the historic resource. Examples of a minor repair would be repair of a deteriorated or damaged part of an historic resource with the minimum loss of historic materials, i.e. repair of damage to a window, portions of a porch railing, or replacement of deteriorated deck boards. Removal of historic materials where those materials are not damaged or deteriorated shall not be considered a minor repair. N. . National Register. National Register of Historic Places (36 CFR Part 60). O. National Register Bulletin 15. National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation, National Park Service, 1991, as it may be amended. See also the definition for Criteria. P. Non - Contributing Resource A Non - Contributing Resource is a resource located within the boundaries of an H -D Historic District which does not contribute to the district as defined in National Register Bulletin 15. Q. Qualified Professional. -An individual meeting the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Community Development Director to have the qualifications generally equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture. R. Reconnaissance Survey. A preliminary historic survey of a defined geographic area. A Reconnaissance Survey identifies resources to be surveyed with an Intensive Survey. A Reconnaissance Survey also identifies resources subject to Section 3 8-74 of this ordinance. A Reconnaissance Survey will generally include DPR 523 Primary Record survey form or equivalent information. S. Reconnaissance Survey List. A list of properties with Reconnaissance Surveys that identify resources to be surveyed with an Intensive Survey. T. Secretary of the I nterior's. Standards for Treatment of Historic Properties. The Secretary of the Interior's Standards for Treatment of Historic Properties (36 CFR Part 67), with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (Weeks and Grimmer, National Parks Service 1995), as they may be amended. 38 -74a Survey Procedures A. Purpose. A survey is a document which identifies historic elements of a building and site. This section includes survey procedures to identify properties which meet the Criteria for Historic Zoning. Surveys may be conducted on individual properties; however it is the City's goal that all properties in Monterey will be surveyed over time. For area -wide surveys, the City will initially identify geographical areas that do not have properties with potentially historic resources. Properties within these areas would be excluded from historic review, except CEQA historic review, as required by State law. The balance of the City will be surveyed to identify properties with potentially historic resources. There are two levels of survey. The initial survey will be a Reconnaissance Survey as defined, which is an overview survey to identify properties that 745 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA qualify for an Intensive Survey. An Intensive Survey identifies whether a property meets the Criteria for Historic Zoning. In addition to the Citywide survey, properties may be individually surveyed. The City will maintain a list of all adopted surveys and will use the survey information to identify and protect potentially historic resources as outlined in Section 38 -74b. B. Reconnaissance Survey List. Adopted Survey List. The City shall maintain a list of surveyed properties. The list of properties with potential to meet the Criteria for Historic Zoning as identified in an Intensive Survey shall be deemed the "Adopted Survey List". The list of properties identified in a Reconnaissance Survey shall be deemed the "Reconnaissance Survey List.' All surveys set forth in this section, shall be prepared by or under supervision of a Qualified Professional. 1. Procedure for Inclusion on the Reconnaissance Survey or Adopted Survey List. a. All-properties identified by a Reconnaissance Survey prepared after March 7, 2000 shall be included in the Reconnaissance Survey List if adopted pursuant to in (1), (2), or (3) below. All properties identified as having potential to meet the Criteria for Historic Zoning in an Intensive Survey prepared after March 7, 2000 shall be included in the Adopted Survey List if adopted pursuant to in (1), (2), or (3) below. (1) Surveys prepared in conjunction with a Planning Permit or Historic Permit application may be adopted by the Historic Preservation Commission. (2) Surveys may be adopted by the City Council after public hearing and recommendation by the Historic Preservation Commission. Notice equivalent to use permit notice shall be given for both the Historic Preservation Commission and City Council public hearing. (3) Area -wide surveys, shall be adopted by the City Council as follows: (a) Area -wide surveys may be initiated by the City Council after recommendation by the Historic Preservation Commission. The Historic Preservation Commission shall establish the survey boundaries. (b) Notice of the proposed survey shall be mailed to all property owners within the survey area or by placing a display advertisement at least one -eighth page in at least one newspaper of general circulation within the City. (c) The Historic Preservation Commission shall hold a public hearing prior to recommending adoption of the survey. Notice and survey forms shall be sent to all property owners proposed for inclusion on the Reconnaissance Survey List or Adopted Survey List at least thirty (30) days prior to the public hearing. (d) The City Council shall hold a noticed public hearing prior to adoption of the survey. (e) In the public hearing process, properties may be added to or deleted from inclusion on the Reconnaissance Survey List or Adopted Survey List if the addition or deletion is noticed and based on information supplied by a Qualified Professional. 2. Procedure for Removal from the Reconnaissance Survey List or Adopted Survey List. 746 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA Properties may be removed from a Reconnaissance Survey List or Adopted Survey List if an Intensive Survey is prepared and the property is determined not eligible for historic zoning. 38 -74b Land Use Regulations for Properties Without Historic Zoning. A. Description. The provisions of this section are intended to identify and provide a historic review of properties identified in a Reconnaissance Survey or Intensive Survey, or which are determined to potentially meet the criteria for Historic Zoning by the Community Development Director, B. Applicability. The land use regulations of this section shall apply if the property conforms to one of the following: 1. The property has been surveyed and is included in the Reconnaissance Survey List or Adopted Survey List. 2. The Community Development Director has determined that the property potentially meets the criteria for Historic Zoning and is not excluded per Section 38&74b Paragraph C below. C. Exclusions. The provisions of this Section 38-74b shall not apply to the following properties: (Exclusion pursuant to this section does not exempt properties from CEQA historic provisions.) 1. Properties in areas of the City which do not have resources with the potential for historic zoning. The Historic Preservation Commission shall prepare and adopt the map of excluded areas following a noticed public hearing. 2. Properties that are not on the Reconnaissance Survey List or Adopted Survey List in an area which has been subject of an area -wide survey. 3. Properties that have been surveyed and determined not eligible for historic zoning within the past five years. 4. Properties that have been surveyed and removed from the Reconnaissance Survey List or Adopted Survey List pursuant to provisions of Section 38 -74a. 5. Properties with .H -1 or H -2 zoning or properties within an H -D Historic District. (These properties must follow Historic Permit and Historic District sections of this ordinance.) D. Land Use Regulations for Alteration. The procedure for alteration of applicable properties shall be as follows: 1. The proposed alteration shall be reviewed by the Community Development Director to determine whether the alteration conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties. a. Alterations which conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties shall follow the regular City planning and buildings permit review process. b. Alterations which do not conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties are subject to the following regulations: 747 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA (1) If the property is listed on the Reconnaissance Survey List, an Intensive Survey shall be prepared. If the Intensive Survey determines that the property is potentially eligible for Historic Zoning, the property shall be added to the Adopted Survey List. If the survey determines the project is not eligible for Historic Zoning, the project shall follow the regular City planning and building permit review process. (2) If no discretionary planning permit approval is required, the project shall be subject to Architectural Approval as described in- Article 25 of the Zoning Ordinance. (3) If the property is listed or placed on the Adopted Survey List, the project shall be presented to the Historic Preservation Commission for recommendations to the decision - making body for bringing the project into conformity with the Secretary of the Interior's Standards for Treatment of Historic Properties. E. Land Use Regulations for Demolition. The procedure for Demolition Permits for applicable properties shall be as follows: 1. Intensive Survey. An Intensive Survey of the property which is the subject of demolition, is required for issuance of a Demolition permit. The City shall prepare and adopt an Intensive Survey at the applicant's expense if an Intensive Survey has not been completed or updated within the past five years. a. If the Intensive Survey concludes that the property does not meet the Criteria for Historic Zoning and should be removed from the Adopted Survey List, the demolition shall follow the regular City review process. b. If the Intensive Survey concludes that the property meets Criteria for Historic Zoning, the Historic Preservation Commission shall review the impacts of demolition, including CEQA review, and may recommend a delay period as set forth below. 2. Demolition Delay. The Historic Preservation Commission may recommend a delay period to the City Council of up to 180 days for properties identified by an Intensive Survey as meeting the Criteria for Historic Zoning. The City Council shall approve, modify, or deny the demolition delay as recommended by the Historic Preservation Commission. a. The purpose of the delay period is to discuss: (a) design alternatives which meet the Secretary of the Interior's Standards for Treatment of Historic Properties, (b) potential for Historic Zoning, including incentives, and (c) in the case of potential H -1 properties, possible initiation of H -1 zoning. b. Following the up to 180 day delay period, a demolition permit shall be issued concurrently with, but not prior to, issuance of a building permit for the replacement structure. 38 -75 H -1 Landmark Overlay Zoning A. Description. H -1 zoning is intended to identify and protect the most important historic resources in the City, generally including properties with statewide, national, or international historic significance where that significance would be recognized outside of the City, and the City is steward of those resources are preserved for its citizens and a larger public. The City recognizes its responsibility for preserving these resources for a national and international public, and the H -1 zone may be established without owner consent in order to fulfill that responsibility. The H -1 zone includes a strong series of incentives to support and encourage 748 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA preservation of the historic resources. B. Applicability and Zoning Map Designator. Historic zoning may be combined with any zoning-district. Each H -1 zone shall be shown by adding an *H-1' to the base district designation. C. Criteria for Adoption. H -1 Landmark zoning may be applied only to properties which meet National Register of Historic Places criteria defined in National Register Bulletin 15, and the property is the first, last, only, rare, or most significant resource of its type in the region. Notwithstanding the foregoing, the H -1 Landmark zoning district may be applied to adobe resources built prior to 1879 and other "H" zoned resources as of March 7, 2000 which may not meet National Register integrity standards. The National Register Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15. D. Procedure for adoption of H -1 Landmark Zoning. Establishment of H -1 Landmark zoning shall follow the procedures established by Article 26, which establishes the process for rezoning, with the additional provisions that 1. In addition to the provisions which allow the City Council, Planning Commission, Community Development Director, or property owner to initiate Zoning Map amendments, H -1 Landmark zoning may be initiated by the Historic Preservation Commission. 2. In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years. 3. In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall initially hold noticed public hearings and make recommendation to the Planning Commission E. Historic Zoning on a Portion of a Lot. H -1 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource. F. Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property, however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation. G. Land Use Regulations. 1. Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15' shall supersede the provisions of the underlying zone, where conflicts arise. 2. Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H -1 Landmark zone. 749 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA a. Historic Permit for Alteration. (1) Application shall be made on forms provided by the Community Development Department. Additional information may be requested.as required. (2) For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior's Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (3) For all other applications for Alteration, a Historic Preservation Report is required, as defined in this Section. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interiors Standards for the Treatment of Historic Properties. (4) Historic Preservation Report An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re -adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior's Standards for Treatment of Historic Properties and shall include the following: (a) Which of the four Secretary of the Interior's Standards for Treatment of Historic Properties is being proposed for the resource. (b) A written description of historic events connected with the resource. (c) The historic context and interpretive period. (d) An architectural history of the resource which includes: photographs and drawings which identify the original building, structure, object, and site configuration, Character Defining Features of the resource as originally constructed, Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and Changes not consistent with the historic value of the resource. (e) A program for preservation of the resource, including a statement of 750 THc CODE OF THE CITY OF MONTEREY, CALIFORNIA how the proposed program meets the Secretary of the Interior's Standards for Treatment of Historic Properties. b. Historic Permit for Demolition. (1) It is the intent of the City of Monterey that historic resources in H -1 zones will not be demolished unless extraordinary circumstances exist. (2) Application for demolition shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (3) The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit. (4) An Historic Permit and demolition permit for demolition of an H -1 resource shall not be issued by the City Council unless one of the following two findings can be made: (a) The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or (b) Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property. C. Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance. d. Expiration of a Historic Permit An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Community Development Director. e. Relocation as an Altemative to Demolition. Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned. H. Incentives for H -1 Zoned Properties. 1. City Incentives for H -1 Zoned Properties are as follows: 751 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA a. Modification of Zoning Requirements by Use Permit. The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource. b. Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section: (1) R -2 or R -3 uses in the R -1 district, (2) C-O uses in the R -3 district, (3) C -1 uses in the CO district, (4) Guest Houses on lots less than 8,000 square feet in the R -1 or R -2 districts, and (5) Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district (6) Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval. C. Related Incentives. Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City. 2. Procedure for Issuance of Use Permits for Incentives. a. To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit. b. The Planning Commission shall make the Use Permit findings in Section 38- 16 1 and the additional findings that: (1) impacts of the use, including traffic and parking, would not be detrimental to the surrounding area (2) additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior. 752 THE CODE OF THE CITY OF-MONTEREY. CALIFORNIA C. Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit. 3. Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs. - Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H -1 Landmark shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration dilapidation, decay or loss of economic use of the property. 38 -76 H -2 City Historic Resource Overlay Zoning. A. Description. H -2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources with local historic importance and their historic importance would not generally be recognized outside the immediate area of the Monterey Peninsula, and the City is steward of those.resources are preserved for its citizens. The City encourages the preservation of these resources with a strong set of incentives; however, the ultimate decision to rezone and, ultimately to preserve them is left to the property owner. B. Applicability and Zoning Map Designator. Historic zoning may be combined with any n b zoning district. Each H -2 zone shall be showy adding an 'H -2' to the base district designation. C. Criteria for Adoption. H -2 City Historic Resource zoning may be applied to properties which meet National Register or California Register Criteria as defined. The Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15 and in California PRC 5024.1 and CCR Title 14 Chap 11.5, Sec 4850 et seq. (See Definitions). . D. Procedure for adoption of H -2 Landmark Zoning. Establishment of H -2 Landmark zoning shall follow the procedures established by Article 26 with the additional provisions that: 1. In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years. 2. In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall hold noticed public hearings and make recommendation to the Planning Commission. 3. H -2 City Historic Resource zoning shall not be initiated without property owner consent, except that properties with "H" overlay zoning as of the date of adoption of this ordinance may be rezoned to H -2 without consent of the property owner if they meet the criteria for H -2 zoning. 753 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA E. Historic Zoning on a Portion of a Lot. H -2 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource. F. Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource'no longer meets the Criteria for designation. G. Land Use Regulations. 1. Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise. 2. Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H -2 City Historic Resource zone. a. Historic Permit for Alteration. (1) Application shall be made on forms provided by the Community Development Department Additional information may be requested as required. (2) For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interiors Standards for Treatment of Historic Properties. If this finding cannot be made, the Community, Development Director must refer the matter to the Historic Preservation Commission. If this finding cannot be made, the Community Development Director cannot treat tie application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (3) For all other applications for Alteration, a Historic Preservation Report is required. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interiors Standards for the Treatment of Historic Properties. (4) Historic Preservation Report An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re -adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior's Standards for Treatment of Historic Properties and shall include the following: 754 THE CODE OF THE CITY OF MONTEREY, CALIFOr'rNIA (a) Which of the four Secretary of the Interiors Standards for Treatment of Historic Properties is being proposed for the resource. (b) A written description of historic events connected with the resource. (c) The historic context and interpretive period. (d) An architectural history of the resource which includes: photographs and drawings which identify the original building, structure, object, and site configuration, Character Defining Features of the resource as originally constructed, Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and Changes not consistent with the historic value of the resource. (e) A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior's Standards for Treatment of Historic Properties. b. Historic Permit.for Demolition. (1) It is the intent of the City of Monterey that historic resources in H -2 zones will not be demolished unless extraordinary circumstances exist. (2) Application shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (3) The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit. (4) An Historic Permit and demolition permit for demolition of an H -2 resource shall not be issued unless one of the following two findings can be made: (a) The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or (b) Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property. 755 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA c. Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning'Ordinance. d. Expiration of a Historic Permit. An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Community Development Director. e. Relocation as an Alternative to Demolition. Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned. H. Incentives for H -2 Zoned Properties. 1. City Incentives for H -2 Zoned Properties are set forth as follows: a. Modification of Zoning Requirements by Use Permit. The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource. b. Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section: (1) R -2 or R -3 uses in the R -1 district, (2) C-O uses in the R -3 district, (3) C-1 uses in the GO district, (4) Guest Houses on lots less than 8,000 square feet in the. R -1 or R -2 districts, and (5) Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district (6) Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval. 756 THE CODE OF THE CITY OF MONTEREY, CALIFORNIA C. Related Incentives. Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City. 2. Procedure for Issuance of Use Permits for Incentives. a. To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit. b. The Planning Commission shall make the Use Permit findings in Section 38 -161 and the additional findings that: (1) impacts of the use, including traffic and parking, would not be detrimental to the surrounding area (2) additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior. C. Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit. 3. Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs. Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H -2 City Historic Resource shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration dilapidation, decay or loss of economic use of the property. 38 -77 H-D Historic District Overlay Zoning. A. Description. H -D zoning is intended to identify and protect geographical areas with a concentration of historic resources, where preservation of the individual historic resources and their historic setting is important to understanding Monterey's history. B. Applicability and Zoning Map Designator. H -D Historic zoning may be combined with any zoning district Each H -D zone shall be shown by adding an "H -D' to the base district designation. C. Procedure for adoption of H -D zoning. H -D Historic District zoning may be applied to a geographic area which meets National Register criteria in National Register Bulletin 15 or Califomia Register criteria for districts. Establishment of an H -D Historic District shall follow the procedures in Article 26 for Zoning Map amendment, with the following additional provisions: 757 THE CODE OF THE CITY OF MONTEREY,, CALIFORNIA 1. Prior to Initiation of the Zoning Map amendment, a preliminary report shall be prepared by the Community Development Department identifying tentative boundaries, historic context, Contributing Resources, potential planning regulations, and design review guidelines and a preliminary determination of whether the district would be based on H -1 Landmark or H -2 City Historic Resource criteria and standards. 2. The preliminary report shall be sent to Affected Property Owners and Residents defined as Owners of real property or residents within the boundaries of a proposed Historic District, and the Historic Preservation Commission shall hold one or more public participation workshops to discuss preparation of an Intensive Survey and formation of an historic district. A notice of public workshops shall be given in accord with Section 38-159 of this ordinance. 3. The City shall then.conduct an Intensive Survey of the proposed Historic District by or under supervision of a Qualified Professional, including preparation of DPR 523 series survey forms. 4. The City shall prepare a District Preservation Plan, including the following: a. Determination whether the whether the district is based on H -1 Landmark or H -2 City Historic Resource criteria and standards. b. Statement of goals and objectives C. Statement of historic context and period of significance d. Description and map of the H -D boundaries e. Identification of potentially contributing and non - contributing resources and the setting and character of contributing resources based on analysis contained in the intensive survey. f. Precise standards for new construction and alterations within the H -D boundaries. The property development standards of the underlying zone may be modified by the District Preservation Plan to be more or less restrictive than the underlying zone, including design, mass, bulk, height, walls, lighting, driveway locations, - parking standards, landscaping, sign, public improvements on the property, and eligibility for incentives in Section 3 8-75; if appropriate. -Any provisions more or less restrictive than the underlying zoning requirements shall be supported by findings that the requirements are necessary to implement the identified goals and objectives of the district and preservation of the historic setting within the district. 5. District Preservation Plan and H -D zoning shall be adopted by ordinance following the procedure for Zoning Map Amendment, including required notices. A district that is based on H -2 criteria and standards shall not be established if 51% of the owners file an objection in writing prior to the City Council second reading of the adopting ordinance. Notices for districts based on H -2 criteria and standards shall inform property owners that the district will not be formed if 51% of owners object in writing to adoption of the district. Percentage ownership shall be based on number of Assessor's Parcels within the proposed district. H -D zoning may be amended following the same procedure used for adoption D. Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property, however, the City Council may rezone a property to remove Historic 758 THE CODE OF THE CITY OF MONTEREY, 'CALIFORNIA Zoning following the process for adoption if the historic resource no longer meets the Criteria for designation. Article 16 = SC Planned Commercial Overlay District Sections: 38 -78 Specific Purposes 38-79. Applicability and Zoning Map Designator 38 -80� Land Use Regulations 38-81 Development Regulations 38 -82 Initiation 38-83 Required Plans and Materials 38 -84 Adoption Procedures 38 -85 Status of SC Plan 38 -78 .Speck Purposes The specific purpose of the SC Planned Commercial Overlay District is to provide for the de- velopment of new planned shopping centers on sites of adequate size for the intended uses, and which are designed as a single architectural unit 38 -79 Applicability and Zoning Map Designator The SC Planned Commercial Overlay District may be combined with any C (Commercial) zon- ing district. It may be initiated by the Planning Commission or the City Council under the procedures established in Article 26, Amendments. Each SC Planned Commercial Overlay District shall be shown on the Zoning Map by adding a " -SC' to the base zoning designator. 38-80 Land Use Regulations No use other than an existing use shall be permitted in an SC Planned Commercial Overlay District, except in accord with a valid SC plan. Any permitted or conditional use authorized by this chapter may be included in an approved SC plan consistent with the General Plan Land Use Designation(s) for land within the SC district. When the SC plan includes use or design features which require a Use Permit or variance in accord with other sections of this chapter, approval of the SC plan shall include approval of the required Use Permit or variance, and no further action shall be required. 38 -81 Development Regulations A. Base District Reculations. Base district regulations may be prescribed, when appropriate. Other development regulations shall be as prescribed by the SC plan. B. Performance Standards. Performance standards prescribed by Section 38 -111, shall 759